Chapter 13.04
WATER Revised 11/21

13.04.000    Chapter Contents

Sections:

13.04.010    Purpose.

13.04.020    Definitions.

13.04.030    Rules for administration and enforcement--Copy filing--Noncompliance.

13.04.040    Water system plan--Contents.

13.04.060    Application for service.

13.04.070    Use of water must be for purposes stated at time of application.

13.04.080    Waste of water prohibited.

13.04.090    Damaging or interfering with water system prohibited.

13.04.110    Cross-connections and backflow protection.

13.04.120    Use of nonconforming connection material prohibited.

13.04.130    Emergency and/or maintenance interruption of service.

13.04.140    Displacement of water appurtenances.

13.04.150    Access to premises for inspection.

13.04.160    City employees to work on mains and service connections.

13.04.170    Mains and services--Location from sanitary sewers.

13.04.180    Ownerships of mains and service connections.

13.04.190    Private water distribution systems to conform to City standards.

13.04.200    Service connections--General requirements.

13.04.210    Temporary service connections.

13.04.220    Service connection--Master meters.

13.04.230    Service agreements with other governmental units.

13.04.240    Water service outside City limits.

13.04.242    Water service outside City limits--Agreements to run with the land.

13.04.244    Water service outside City limits--Other sections not affected.

13.04.270    Extension of mains.

13.04.280    Service connection--No main in street.

13.04.290    Local Improvement District--Assessment rates.

13.04.295    Oversizing of mains.

13.04.310    All services to be metered.

13.04.320    Utility account required.

13.04.330    Permission required to connect or turn water on or off.

13.04.335    Requirement to connect.

13.04.340    Notice required to have water discontinued and other charges for requests that water be turned on or turned off.

13.04.350    Service reconnection or transfer of service.

13.04.360    Occupant turning on water--Penalty.

13.04.370    Charges to become lien.

13.04.375    Water general facility charge (GFC).

13.04.380    Water meter rates--Inside City limits.

13.04.390    Water meter rates--Outside City limits. Revised 11/21

13.04.400    Fire protection outside City limits.

13.04.410    Water for construction purposes.

13.04.420    Cash deposit for water service.

13.04.430    Payment of water bills--Delinquency Notification--Service discontinued for nonpayment--Past due fees.

13.04.440    Failure to Comply--Violations--Penalties.

13.04.460    Allocation of funds.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011).

13.04.010 Purpose

The following regulations are established for the control of the municipal water supply system of the City. This chapter applies to all users of the City water system, whether the premises served is inside or outside the Olympia City limits.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §1, 1969).

13.04.020 Definitions

For purposes of this chapter, the words or phrases defined below have the following meanings:

A.    "Approved air gap" as defined in WAC 246-290-010, means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or non-pressurized receiving vessel. To be an air gap approved by the Washington State Department of Health, the separation must be at least: 1) twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls); and: 2) three times the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.

B.    "Approved backflow prevention assembly" as defined in WAC 246-290-010, means a reduced pressure backflow assembly (RPBA), reduced-pressure detector assembly (RPDA), double check valve assembly (DCVA), double check detector assembly (DCDA), pressure vacuum breaker assembly (PVBA), spill-resistant vacuum breaker assembly (SVBA) of make, model, and size approved by the Washington State Department of Health.

C.    "City" means the City of Olympia, Washington, or as indicated by the context, may mean the Drinking Water Utility, drinking water purveyor, City Clerk, City Engineer, City Treasurer, or other City employee or agent representing the City in the discharge of official duties.

D.    "City Council" means the City Council of the City of Olympia.

E.    "City Engineer" means the City Engineer of the City of Olympia, or the City’s Engineer’s designee, who has the duty and authority to enforce the codes and standards adopted by the City Council, as they relate to the development and operation of the City’s infrastructure by private development, including other government agencies, and City projects.

F.    "City Manager" means the City Manager of the City of Olympia.

G.    "Council" means the City Council of the City of Olympia.

H.    "Cross connection" means any actual or potential physical connection between the City water system or the customer’s water system and any source of nonpotable liquid, solid, or gas that could contaminate the City’s potable water supply by backflow. Cross connections are further defined in chapter 246-290 WAC as low cross connection hazards or high health cross connection hazards.

I.    "Downtown Deferred General Facility Charge Payment Option Area" means all properties located within the area bounded by: Budd Inlet to the north; Budd Inlet and Capitol Lake on the west; Sid Snyder Avenue extending between Capitol Lake and Capitol Way, and 14th Avenue extending to Interstate 5 on the south; Eastside Street on the east, and Olympia Avenue extending to Budd Inlet on the north. This area includes properties owned by the Port of Olympia.

J.    "Drinking water purveyor" means the person who currently holds the drinking water purveyor designation, as determined by the Washington State Department of Health and the City of Olympia. Any act in this chapter required or authorized to be done by the drinking water purveyor may be done on behalf of the drinking water purveyor by an authorized employee of the Drinking Water Utility.

K.    "Engineering Design and Development Standards" means requirements for civil engineering infrastructure as adopted by the Olympia City Council. The EDDS is comprised of both written text and standard details specifying how infrastructure is constructed. These improvements include streets, driveways, sidewalks, curbs, street lighting, street trees, water, sewer, storm drainage, and solid waste.

L.    "Mains" means water pipes designed or used to serve more than one premises.

M.    "Master Meter" mean a common meter which provides water service to an apartment complex, housing community, or number of individual users.

N.    "Person," "customer," "owner," "occupant," or "agent," includes natural persons of either sex and any legal entity, including associations, partnerships, corporations, and limited liability companies, whether acting by themselves or by a servant, agent or employee; the singular number includes the plural and the masculine pronoun includes the feminine.

O.    "Premises" means a continuous tract of land, building, or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivisions of such use or responsibility constitute a division into separate premises as defined in this section.

P.    "Responsible person" means, the owner of the premises and/or tenant or person in possession thereof.

Q.    "Service connection" means that portion of the City water system connecting the supply system on a premises to the City water system including the tap into the main, the water meter and appurtenances, and the service line from the main to the meter and from the meter to the property line. Service connections include connections for fire protection as well as for domestic, commercial, irrigation, and industrial uses.

R.    "Standard or permanent mains" means mains conforming to the standard specifications of the City with respect to materials and minimum diameter.

S.    "Standard specifications" means those standard specifications for public works construction which have been adopted by the City Council.

T.    "Water Appurtenance" means an accompanying part or feature of the water system. Examples include but are not limited to any pipe, fitting, hydrant, meter, meter box, valve, valve box, blow off assembly, meter setter, coupling, or curb stop.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6886 §1, 2013; Ord. 6774 §2, 2011; Ord. 6420 §1, 2006; 3506 §2, 1969).

13.04.030 Rules for administration and enforcement--Copy filing--Noncompliance

The City Manager may adopt rules and regulations necessary for the administration of this chapter and OMC chapter 4.24; a copy of such rules and regulations must be on file and available for public examination at the City Clerk’s Office or at such other place or places as may be designated by the City Council. Failure to comply with any such rules and regulations is a violation of this chapter.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §3, 1969).

13.04.040 Water system plan--Contents

The Director of Public Works, or the Director’s designee, is authorized and directed to prepare a water system plan for the City water system, in accordance with WAC 246-290-100. The Director of Public Works will also determine the standards for development and improvement of the system to provide adequate water supply for domestic and industrial consumption and fire protection. The plan must be on file at the office of the City Clerk and the Public Works Department and must include at a minimum:

A.    Main sizes required on all existing City streets;

B.    Main sizes required outside the City limits in those areas which are being served by City water;

C.    Main sizes and approximate locations for future major distribution mains in areas in which public streets do not presently exist;

D.    The location of and construction standards for all water appurtenances including, but not limited to, mains, reservoirs, and pump stations;

E.    Such other information as may be deemed necessary by the City Engineer or the City Council.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 3506 §4, 1969).

13.04.060 Application for service

All applications for water service connections to and/or the use of water for any premises must be made in the manner required by the City. Every such application must be made by the owner of the premises to be furnished, or by the owner’s authorized agent, and the applicant shall state fully and truly all the purposes for which the water may be required. By accepting water service, the customer agrees to conform to the regulations and rules established from time to time. The City has the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or for any other reason. The City is not responsible for any damage caused by the breaking, bursting, or collapsing of any boilers, pipes, or fixtures, or by the stoppage, or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 3506 §6, 1969).

13.04.070 Use of water must be for purposes stated at time of application

It is unlawful for any person supplied with water from the City water system to use the water for purposes other than those stated at the time of applying for water service.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 3506 §6, 1969).

13.04.080 Waste of water prohibited

No person may waste water or allow it to be wasted. Waste of water is defined as: applying water to a landscape in sufficient quantity to cause significant runoff of that water to impervious areas or to allow significant overspray onto non-landscaped areas; applying water to a landscape in sufficient quantity to cause substantial puddling of that water at the ground surface; allowing leaking valves, pipes, closets, faucets, or other fixtures; or allowing any pipes or faucets to run open to prevent the service from freezing or for any other reason. The Public Works Department may enforce the waste of water prohibition by terminating water service to customers who waste water during times of drought; when the City’s Water Shortage Response Plan is enacted; or when customers do not take corrective action when notified of the waste of water. Water Service will be restored once corrective action has been taken. This section applies only to use of water from the City water system.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 6161 §1, 2001; Ord. 3506 §7, 1969).

13.04.090 Damaging or interfering with water system prohibited

A.    It is unlawful for any person to willfully disturb, break, deface, prevent, or hinder access to, or damage any fire hydrant, water meter, water meter box, gate valve, water pipe, or other appurtenance together with the buildings, grounds, and improvements thereon belonging to or connected with the City water system in any manner whatsoever.

B.    It is unlawful for any person to open, close, turn, or interfere with, or attempt to, or connect with any fire hydrant, valve, or pipe belonging to the City. This rule does not apply to members of the City Fire Department or any other Fire Department duly authorized to operate fire hydrants, while acting in such capacity.

C.    It is unlawful for any person to place any potential source of contamination or garbage of any kind or description upon Drinking Water Utility property or within Drinking Water Protection Areas, as set forth in OMC 18.32.

D.    It is unlawful for any person to place, store, maintain, or keep any object within a distance of five feet from any valves, hydrants, or blowoff assembly. A 2-foot clearance must be maintained around all meters and meters must not be covered by sod, shrubs, or bark.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §8, 1969).

13.04.110 Cross-connections and backflow protection

A.    The provisions of WAC 246-290-490, as now enacted or hereafter amended, relating to cross-connection control and elimination and the use of backflow prevention assemblies when such are considered to be advisable or required, are hereby adopted and made a part of this chapter. All provisions of the Washington Administrative Code may be executed and applied by the Public Works Department in determining when cross-connections are prohibited and when backflow prevention assemblies are required and tested under the City’s cross-connection control program. A copy of these provisions is on file in the City Clerk’s Office or with the Public Works Department.

B.    The installation or maintenance of any uncontrolled cross connection, which could endanger the water quality of the City water system, is prohibited. Any such cross connection now existing or hereafter installed is declared unlawful and must be abated immediately. Abatement includes, but is not limited to, the discontinuance of water service or the installation of an approved backflow prevention assembly, equal to the degree of hazard, as determined by the City. Backflow prevention assembly installation and testing is the responsibility of the customer and the customer bears all costs to perform such activities.

C.    Service will be discontinued to any customer for failure to comply with the rules and regulations contained in this section or failure to permit entry upon the premises by authorized City personnel for purposes of inspection and/or testing. Any service discontinued for such failure will not be reestablished until the Director of Public Works or the Director’s designee has approved compliance with the rules and regulations contained in this section.

D.    The Director of Public Works or the Director’s designee will assign a test due date for each backflow prevention assembly. The due date for annual testing is based on the installation date of the assembly.

E.    The customer is responsible for backflow assembly testing upon initial installation and annually thereafter. The customer is required to provide proof of installation and proof of a passing test to the Director of Public Works or the Director’s designee by the annual due date.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 4014 §1, 1977; Ord. 3506 §10, 1969).

13.04.120 Use of nonconforming connection material prohibited

It is unlawful for any person to use any material not conforming to the public works standard specifications and the Engineering Design and Development Standards to connect any premises or buildings with the City water system.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 4014 §2, 1977; Ord. 3506 §11, 1969).

13.04.130 Emergency and/or maintenance interruption of service

In case of an emergency, or whenever the public health, safety, or equitable distribution of water so demands, the drinking water purveyor may reduce or limit the time for or temporarily discontinue the use of water. Water service may be temporarily discontinued for purposes of making repairs, extensions, or doing other necessary work. Before so changing, reducing, limiting, or discontinuing the use of water, the Drinking Water Utility shall notify, insofar as practicable, all water customers affected. The City is not responsible for any damage resulting from interruption, change, or failure of the water supply.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §12, 1969).

13.04.140 Displacement of water appurtenances

All persons and other municipal departments performing construction work in streets or utility rights-of-way, such as grading, regrading, filling, trenching, or paving, shall give the drinking water purveyor ten working days’ written notice in case it becomes necessary during the work to remove, displace, or change any water mains, pipes, fittings, meters, valves, or other water appurtenances that may interfere with the prosecution of such work. Such person, contractor, corporation, or municipal department is liable for to the Drinking Water Utility for the cost of necessary repairs and replacements for damage to any part of the City water system liable.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §13, 1969).

13.04.150 Access to premises for inspection

Authorized employees from the Office of Community Planning and Development, Utility Billing, or the Drinking Water Utility, displaying proper identification, must be provided free access at reasonable hours of the day, to all parts of premises or within buildings thereon to which water is supplied from the City water system for the purpose of checking conformity to these regulations. In addition, such personnel are authorized, from time to time, to survey water customers as a means to update customer lists and statuses in a responsible and reasonable manner.

Whenever the owner or occupant of any premises supplied by the City water system restrains authorized City employees from making the necessary inspections and surveys, water service may be immediately discontinued to the premises.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 4014 §1, 1977; Ord. 3506 §14, 1969).

13.04.160 City employees to work on mains and service connections

Only employees of the Drinking Water Utility or qualified contractors duly authorized by the drinking water purveyor or the City Engineer are allowed to perform work in connection with the City mains or service connections.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §15, 1969).

13.04.170 Mains and services--Location from sanitary sewers

All mains, service lines, and other water appurtenances which carry water must be located a sufficient distance, both horizontally and vertically, from any sanitary sewer, in accordance with Department of Ecology Criteria for Sewage Works Design standards, to prevent contamination. All locations of water appurtenances, both public and private, which are connected to the City water system, are subject to the approval of the City Engineer.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §16, 1969).

13.04.180 Ownerships of mains and service connections

The ownership of all water appurtenances in public streets or utility rights-of-way is vested solely in the Drinking Water Utility of the City, and the person responsible for the construction of such mains must relinquish, by bill of sale, all interest in the ownership of such mains upon acceptance by the City; provided, however, that all private systems existing on March 25, 1969, remains under private ownership unless dedicated to the City under the provisions of this chapter.

The Drinking Water Utility will operate and maintain all approved and accepted mains in public streets or utility rights-of-way. In no case may an owner, agent, officer, or employee of any premises have the right to remove or change any part thereof without the approval of the drinking water purveyor.

No person may install a water main in any street which is connected to the City water system without procuring a permit for such installation or connection.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 4422 §14, 1983; Ord. 3506 §17, 1969).

13.04.190 Private water distribution systems to conform to City standards

A.    All private water distribution systems, whether located inside or outside the City limits, in order to become or remain eligible for water to be furnished by the City must be constructed to the City’s minimum standards, located in the Engineering Design and Development Standards. Master metered systems must comply with OMC Section 13.04.220. All new construction and repairs must conform to such standards. Failure to bring any system up to such standards within twelve months of written notice of defects to the owner of any such system will result in termination of water service until corrections are made.

B.    The owner(s) of any private water distribution system connected to City water system may petition the City Council to accept ownership and maintenance of the private water distribution system provided the system meets Engineering Design and Development Standards or satisfactory arrangements have been made to bring the system up to standards within twelve months. Included with such petition must be such records of the system as necessary to indicate location, size, material, and date of installation of all water appurtenances. Prior to acceptance by the City, a valid deed or bill of sale and all necessary easements and/or franchises must be provided to the City.

C.    Nothing contained in this section requires the City Council to accept any private water distribution system.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §18, 1969).

13.04.200 Service connections--General requirements

A.    Except as provided in OMC Section 13.04.220, no premises may be connected to the City water system unless there is an adjacent standard main under the ownership and exclusive control of the City.

B.    When a permit has been obtained for the installation of water service, the drinking water purveyor shall cause the premises described in the application to be connected to the City water system in accordance with City standards. The connection must thereafter be maintained by and kept within the exclusive control of the City. The customer is responsible for ensuring that the water meter and box remain free from anything that could preclude authorized City personnel from having clear access to the meter at all times.

C.    Except as provided in OMC Section 13.04.220, every separate premises supplied by the City water system must have its own separate meter and the premises so supplied will not be allowed to supply water to any other premises. The City Engineer may require individual buildings on the same premises to be separately metered or metered together, as may be the case with an approved Accessory Dwelling Unit.

D.    When two or more buildings on the same premises are being served unsatisfactorily by one water service connection, the drinking water purveyor may require the installation of additional water service connections from the water main to the premises already served. When additional water service connections are provided for any premises, all water service to such premises is metered and installed in the regular manner.

E.    The premises owner in applying for service shall pay to the City the current prevailing cost to cover all expenses for the City’s installation of such service connection. All services must be constructed by the City from the main to the property line and must include a suitable water meter and other water appurtenances. This rule applies where exchanges in size of service are made at the request of the customer. In case of replacement or new services, no service smaller than three-fourths inch maybe installed.

F.    All persons connecting to City water system may use only materials conforming to the Engineering Design and Development Standards. Plumbing on premises must conform to the uniform plumbing code of the City.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §19, 1969).

13.04.210 Temporary service connections

Water service may be supplied to premises on a temporary basis during the construction of a building on the premises or during the construction of a standard main to serve the premises, as long as it is metered and meets requirements for adequate backflow prevention. Application for temporary service will only be approved upon payment of all fees and assessments required by this chapter and OMC chapter 4.24. This application must state fully the purposes for which water is desired, the circumstances which require service by temporary means, and the duration for which temporary service is necessary. All costs necessary to install and remove the temporary service must be paid by the customer.

Upon completion of the work for which the temporary service was necessary, the owner shall immediately apply for permanent service to the premises and the temporary service must be removed. Failure to obtain permanent service is cause for immediate discontinuance of water supply to the premises.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5885 §3, 1999; Ord. 3506 §20, 1969).

13.04.220 Service connection--Master meters

A.    The City may, at the Public Works Director’s discretion, authorize water service to a community or number of individual users to be furnished through a common master meter customer, which may be a company, association, or other form of organization, which is acceptable to the City. Master meters must be furnished, installed, maintained, and kept within the exclusive control of the City. The cost of the installation including the meter is at the expense of the master meter customer.

B.    Where water service is supplied through a master meter, the master meter customer will be billed at the rate for commercial customers. The master meter customer is responsible for metering and billing individual customers and determining appropriate rates and charges.

C.    Applications for water service under the provisions of this section must include a detailed description of the premises to be served, the name and nature of the master meter customer which is to be responsible for the service charges, the conditions or circumstances precluding service by individual meters, and such other information as the City may deem necessary.

D.    Master meter customers shall maintain and keep on file with the Office of the City Engineer detailed plans of their systems in such form as specified by the City Engineer. Each such master meter customer shall, prior to commencement of work to repair or upgrade the system, submit an application and pay all applicable fees with respect to all construction or modifications which add to, reduce, or alter the City water system. Construction or modification of the system must meet current requirements under the Engineering Design and Development Standards.

E.    Water service, under the terms of this section, is limited to those premises described at the time of application for water service. Service to additional premises, not included in the original application, requires separate approval.

F.    The ownership of the water system beyond the master meter must be vested in the master meter customer and the operation, repair, expansion, and renewal of the system is the responsibility of the master meter customer. The City’s responsibility terminates at the master meter.

G.    Any violation of the procedures required by this section is cause for immediate discontinuance of service to the system by the City.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §21, 1969).

13.04.230 Service agreements with other governmental units

The City Council may, at its discretion, enter into an agreement with any other municipal corporation or governmental unit for the purpose of obtaining or providing any service relating to water supply as provided by law. Terms of each agreement must be established by the City Council.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §22, 1969).

13.04.240 Water service outside City limits

A.    Premises lying within the urban growth area and contiguous to the Olympia city limits shall annex to the City as a condition of water connection. In the alternative, the City may elect to defer annexation and require execution of an agreement described in subsection B of this section.

B.    A Premises lying within the urban growth area which is not annexed as a condition of water service, may receive water service only upon entering into an appropriate agreement with the City containing a waiver of protest to annexation and/or power of attorney authorizing annexation at such time as the City determines the premises should be annexed to the City.

1.    Application fees as established by the City Council must be paid upon the submittal of a signed Utility Extension Agreement requesting water service for premises outside the City;

2.    The cost of the water extension must be borne in whole by the applicant for water services, subject to any provisions in effect at the time of connection for latecomer reimbursement;

3.    The agreement may not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement must terminate at the time any project application or approval expires or is revoked for any reason. A new agreement is required for any extension of project applications or approvals or when in the opinion of the Director of Community Planning and Development, a substantial change or addition is made to the project.

C.    Following execution, such agreement must be recorded by the City in the chain of title for such premises in the records of the Thurston County Auditor.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5943 §1, 1999; Ord. 5687 §1, 1997; 5594, §18, 1996; Ord. 5594, §18, 1996; Ord 5570, §1, 1995; Ord. 5478 §2(part), 1994).

13.04.242 Water service outside City limits--Agreements to run with the land

The agreement described in OMC Section 13.04.240 must contain a provision that the obligations and privileges contained therein run with the land and bind future owners of said land in the same manner as the applicant is bound thereby.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5478 §2(part), 1994).

13.04.244 Water service outside City limits--Other sections not affected

In addition to OMC Sections 13.04.240 and 13.04.242, all other provisions of this chapter apply to connections outside the City limits.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5478 §2(part), 1994).

13.04.270 Extension of mains

Any main extension of the City water system must be approved by the Public Works Department, and all extensions must conform to requirements of the Washington State Department of Health and the Coordinated Water System Plan, the City of Olympia Water System Plan, the Olympia Fire Department, and the Engineering Design and Development Standards.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §26, 1969).

13.04.280 Service connection--No main in street

A.    Whenever an applicant requests water service to premises with no main in the adjacent street, a standard main must be installed as a prerequisite to connection to the City water system. The standard main must conform to the water system plan of the City water system and must be installed along the complete street frontage of the premises to be served in accordance with the water system plan.

B.    A standard main may be installed by any of the following methods:

1.    The main may be installed at the expense of the owner by a competent contractor under the supervision and approval of the City Engineer. Any party, including the City, that funds installation of water appurtenances may apply for a latecomers agreement, for fair pro rata reimbursement from other benefitting properties if the improvements meet all the criteria for a latecomer’s agreement.

2.    If the premises lies within the City limits, the owner may request to have the main installed by a local improvement district, formed as prescribed by state law and the ordinances of the City.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 3506 §27, 1969).

13.04.290 Local Improvement District--Assessment rates

Whenever any main is installed by the local improvement district formed under OMC chapter 3.20, the assessment rates to be charged to the premises specially benefited must be established by the City Council.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §28, 1969).

13.04.295 Oversizing of mains

Whenever the City requires a main size larger than would be required to serve the adjacent premises or, in the case of a subdivision or development, a main size larger than required to serve that development, the City shall participate in the cost of the main to the extent of the additional size required, provided the amount of such participation is established by the City Engineer prior to the commencement of construction.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011).

13.04.310 All services to be metered

All service connections to the City water system must be metered and all meters remain the property of the City and any meter may be exchanged with another meter of similar kind as deemed necessary by the drinking water purveyor.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §30, 1969).

13.04.320 Utility account required

Whenever the owner or occupant of any premises connected with the City’s water supply system desires to use water, the owner or occupant shall notify Utility Billing and request the water to the premises be turned on.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 3506 §31, 1969).

13.04.330 Permission required to connect or turn water on or off

No plumber or other person is allowed to make connection with the City mains or make connection with any water appurtenance, or to connect pipes that have been disconnected, or to turn water on or off of premises without the permission of the drinking water purveyor.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §32, 1969).

13.04.335 Requirement to connect

All new premises within the City limits or the City’s urban growth area shall connect to a public water supply provided that the premises lies within 200 feet of a public water main. When connection to the City water system is desired by a customer connected to an existing well, a physical disconnect between the well and the public water system must be made and maintained. This is necessary to assure that an unapproved auxiliary water supply (the customer’s well) will not contaminate the City water supply.

(Ord. 7190 §2, 2019).

13.04.340 Notice required to have water discontinued and other charges for requests that water be turned on or turned off

To discontinue the use of water supplied to any premises, the customer must provide notice to the Drinking Water Utility. The water will then be disconnected and restored without charge during normal business hours upon proper application. Non-emergency related requests for water turn on or shut off required to be performed after normal business hours will be subject to charges as set forth in OMC chapter 4.24.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 6735 § 2, 2010; Ord. 3506 §34, 1969).

13.04.350 Service reconnection or transfer of service

When a new building is to be erected on the site of an old building, and the City receives a request to increase the size of or change the location of the old service connection, or where a service connection to any premises is abandoned or no longer used, the drinking water purveyor may remove such service connection. Should a new service connection be required for the premises, the customer must complete an application and pay for a new service connection pursuant to City code. When the service connection of any premises is located in a place other than a main that runs in front of the premises, once a new main is located in front of such premises, the drinking water purveyor may transfer the service connection to the new main without charge. Upon service transfer to the new main, the old service connection will be disconnected and may be removed.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §35, 1969).

13.04.360 Occupant turning on water--Penalty

Should the City discover that water to the premises has been restored by other than the City after being shut off by the Drinking Water Utility, the service may be turned off by the Drinking Water Utility, and the owner or occupant of the premises may be charged an additional fee as set forth in OMC Title 4, Fees and Fines, for the expense of turning it off and on.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5126 §13, 1990; Ord. 3506 §35, 1969).

13.04.370 Charges to become lien

The City has a lien against premises to which water has been furnished, which lien is in the amount and to the extent allowed by RCW 35.21.290 as the same now exists or may hereafter be amended. The lien is enforceable in the manner allowed by RCW 35.21.300 as it now exists or may hereafter be amended.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 3506 §37, 1969).

13.04.375 Water general facility charge (GFC)

A.    A water general facility charge is assessed for the connection of any premises to the City water system as set forth in OMC Title 4, Fees and Fines. This charge is assessed in addition to any other charges or assessments levied under this chapter. Payments of such charges must be deposited in the water capital improvement fund established under OMC Section 3.04.400 and may be used only for the purposes enumerated therein. Payment must be made at the rate in effect at the time of payment.

B.    Except as set forth in subsections C and D below, such charge becomes due and payable no earlier than at the time of issuance of a building permit and no later than at the time the connection is completed.

C.    The Water GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area. An unpaid Water GFC deferred under this section constitutes a lien against the property for which it is payable. Payment of a Water GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, determines the portions of the Water GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the Water GFC is deferred under the following conditions:

1.    The Water GFC will be assessed at the rate in effect at the time of issuance of the building permit for the project, and

2.    Payment of the Water GFC must be made at the earlier of the closing of sale of the property or any portion of the property, or three (3) years from the date of the City’s issuance of a Certificate of Occupancy for the property against which the Water GFC is assessed, and

3.    A GFC payment made within one (1) year of issuance of the Certificate of Occupancy for the development shall pay the fees assessed at the time of issuance of the building permit, or

4.    A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development shall pay the Water GFC plus interest, for a total of 105% of the fees assessed at the time of issuance of the building permit, or

5.    A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development shall pay the Water GFC plus interest, for a total of 110% of the fees assessed at the time of issuance of the building permit.

In the event that the Water GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees, and interest constitutes a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to OMC section 13.04.430. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days after providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

D.    Where the Water GFC is assessed upon connection of an existing residential dwelling which previously received water from a different source, a property owner who is economically disadvantaged may, in lieu of a lump sum payment, pay the charge over a maximum three (3) year period. To qualify, the owner shall execute a Voluntary General Facility Charge Lien Agreement with the City which sets forth, among other terms, a quarterly or annual payment schedule to run no more than three (3) years from execution or the sale of the property, whichever occurs first. The agreement must require that any balance owing is due in full upon sale of the property or the expiration of three (3) years from execution of the agreement. The payments must be secured by a lien against the property served, which may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to OMC section 13.04.430. The City may use other collection methods at its option. The agreement must be prepared by the City Attorney and made available by the appropriate official in the Drinking Water Utility. For the purpose of this section, the term "economically disadvantaged" has the same meaning as provided in OMC section 3.20.300.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 6420 §2, 2006; 6357 §1, 2005; Ord. 5847 §1, 1998; Ord. 5669 §2, 1997; Ord. 5522 §1, 1995; Ord. 5126 §14, 1990; Ord. 4993 §2, 1989).

13.04.380 Water meter rates--Inside City limits

A.    Schedule I: Monthly Charges. The schedule set forth in OMC Title 4, Fees and Fines, is the monthly charge based upon meter size for all customers. Customers with meter sizes not listed in the schedule will be charged at the rate applicable to the next larger meter size listed.

B.    Rates for Wholesale Customers. The City Council may at its discretion pass a special ordinance fixing rates for such wholesale customers as may be authorized by the Council for industrial, manufacturing, commercial, or other such customers, using in excess of one million cubic feet of water per month.

C.    State Buildings with Sprinkler Systems or Fire Service Connections. All buildings owned by the state with an automatic sprinkler system or special fire service connected with the City water system shall pay the ready to serve charge based on pipe size as substituted for equal meter size in the rate schedule. No water may be used through such connections or sprinkler systems except for actual fire control. If the customer is found using water through unmetered special fire or sprinkling service connection for other than fire protection, then each such connection of three inches or over must be equipped with a detector check type of meter, and those connections under three inches must be equipped with a conventional type of meter.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5313 §2, 1992; Ord. 5126 §15, 1990; Ord. 4993 §1, 1989; Ord. 4730 §1, 1986; Ord. 4582 §1, 1985; Ord. 4408 §1, 1983; Ord. 4014 §5, 1977; Ord. 3506 §38, 1969).

13.04.390 Water meter rates--Outside City limits Revised 11/21

A.    Charges for the use of water outside the City limits are as provided in subsections A and C of OMC Section 13.04.380, plus fifty percent; provided, that the fifty percent surcharge herein does not apply to charges for water service to such properties within Olympia’s urban growth area which cannot be annexed due to non-adjacency to the City limits or due to City policies, or to City-owned properties or infrastructure outside the City limits, or for which a power of attorney or agreement to annex in the future is executed.

B.    OMC Section 13.04.380 subsection B applies to water services provided to wholesale customers outside the City limits.

(Ord. 7293 §1, 2021; Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5635 §1, 1996; Ord. 4582 §2, 1985; Ord. 3506 §29, 1969).

13.04.400 Fire protection outside City limits

The City shall not furnish water for fire protection to any premises located in an area outside of the City that is not served by the City water for domestic water supply.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5126 §16, 1990; Ord. 4408 §2, 1983; Ord. 3506 §40, 1969).

13.04.410 Water for construction purposes

A.    Any owner, agent, or contractor intending to use water in the course of the construction of any residential or commercial building or of any street, utility, etc., shall apply to Utility Billing for such water use. All such water use will be metered.

Water for construction purposes furnished via hydrant meters will be charged the rate set forth in OMC chapter 4.24 for consumption, the same to be billed at the time of return of the meter; and all delinquent and unpaid charges therefor become a lien upon the premises supplied and may be collected in the same manner as other delinquent and unpaid charges.

Water for construction purposes, including sprinkler system testing, to be provided via the premises water service meter will only be furnished upon application and payment of the water general facility charge and will be charged the rates set forth for regular water service in OMC chapter 4.24.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5885 §2, 1999; Ord. 5126 §17, 1990; Ord. 4408 §3, 1983; Ord. 3506 §41, 1969).

13.04.420 Cash deposit for water service

Customers may be required to make a cash deposit with Utility Billing, based upon the estimate of the monthly consumption through the meter as set forth in OMC Title 4, Fees and Fines. The deposit will be held by Utility Billing until the severance of the contract, and will be repaid to the customer after all claims against the premises have been fully paid.

Deposits for bimonthly customers, when required, are based upon the estimate of the bimonthly consumption.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 5126 §18, 1990; Ord. 4014 §6, 1977; Ord. 3506 §42, 1969).

13.04.430 Payment of water bills--Delinquency Notification--Service discontinued for nonpayment--Past due fees

Monthly and bimonthly statements of charges for water service are due and payable at the City Clerk’s Office, or at such place or places designated by the City Clerk, on the date established by the Director of Administrative Services as authorized in OMC section 4.24.050. The statements cover service charges for the period shown thereon and must be issued to the customer as soon as practical after the service period.

Delinquency and nonpayment of one or more water service charges is sufficient cause for discontinuance of service by turning off the water service to the premises notwithstanding the existence of any deposits made as provided in OMC section 13.04.420. Water service will not be turned on again until all charges, together with penalties set forth in OMC Title 4, Fees and Fines for shutting off and turning on the water and for delinquency notification are paid, or a satisfactory arrangement and agreement for payment of delinquent charges and penalties has been made with Utility Billing.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 6034 §2, 2000; Ord. 5398 §2, 1993; Ord. 5126 §19, 1990; Ord. 4408 §4, 1983; Ord. 4014 §7, 1977; Ord. 3506 §43, 1969).

13.04.440 Failure to Comply--Violations--Penalties

A.    Discontinuance of Water Service. Service to any customer receiving water from the City water system is contingent upon compliance with all legal requirements pertaining to such water service. Service may be discontinued to any customer for failure to comply with such requirements and discontinued service will not be re-established until the Director of Public Works or the Director’s designee has determined that the customer is in compliance with all applicable legal requirements.

B.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter commits a misdemeanor, and if found guilty, is subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day is a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days constitutes a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation means the same type of violation which is committed within a year of the initial violation.

C.    As an additional concurrent penalty, it is a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day is a separate infraction. A person, firm, or corporation found to have committed a civil infraction will be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC chapter 4.44, Uniform Civil Enforcement.

D.    In the event a customer refuses to allow authorized City personnel to enter onto private property to accomplish the purposes stated in this chapter, the Director of Public Works or the Director’s designee may seek assistance from any court of competent jurisdiction to obtain a court order permitting entry. If such court order is required to obtain access, the customer who refused to allow the City entry is responsible for all costs of the City that are reasonably attributable to obtaining a court order.

(Ord. 7190 §2, 2019; Ord. 7187 §3, 2019; Ord. 6774 §2, 2011; Ord. 6081 §37, 2001; Ord. 3506 §45, 1969).

13.04.460 Allocation of funds

A.    Any funds received by the director of administrative services in payment of water, sewer, garbage, and/or stormwater charges must be applied against said charges, if applicable, in the following priority:

1.    Stormwater;

2.    Garbage;

3.    Sewer;

4.    Water.

B.    No amount received will be applied against any charge unless all higher priority charges are paid in full.

(Ord. 7190 §2, 2019; Ord. 6774 §2, 2011; Ord. 4732 §2(part), 1986).