Chapter 12.04 WATER RATES AND REGULATIONS*

* Prior ordinance history—Ordinance 492 as amended by Ords. 505 and 595. For combined water and sewer system rates and charges, see Chapter 13.16 of this code.

12.04.010 Definitions.

(a) “Superintendent,” wherever used in this chapter, is held and construed to mean the superintendent in charge of the city water system of the city of Sumas, and any act in this chapter required or authorized to be done by him, may be done on his behalf by any authorized employee of the water department.

(b) “Person,” wherever used in this chapter, shall be held to mean and include natural persons of either sex, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee.

(c) The singular number shall be held and construed to include the plural and the masculine pronoun to include the feminine. (Ord. 647 § 1, 1967)

12.04.020 Application for connection.

Any person desiring to have premises connected with the water supply system shall make application therefor to the clerk-treasurer. Applications shall be made upon a printed form furnished for that purpose, which application shall contain a description of the premises where such water supply is desired, the size of the service pipe, and shall be signed by the owner of the premises to be served or his duly authorized agent. (Ord. 647 § 2, 1967)

12.04.025 Plumbing system inspection authorized when.

Where any structure is permitted to connect to any city sanitary sewage system and/or water system, the city building administrator may make or require an inspection of the plumbing system to ensure compliance with any city requirements, prior to a final inspection by the city building inspector. (Ord. 1191 § 1 (part), 1996: Ord. 979 § 1 (part), 1988)

12.04.027 Plumbing permit fee schedule.

(a) Permit Issuance.

(1) For issuing each permit: $20.00.

(2) For issuing each supplemental permit: $10.00.

(b) Unit Fee Schedule (in addition to subsections (a)(1) and (2) of this section).

(1) For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor): $7.00.

(2) For each building sewer and each trailer park: $15.00.

(3) Rainwater systems, per drain (inside building): $7.00.

(4) For each cesspool (where permitted): $25.00.

(5) For each private sewage disposal system: $40.00.

(6) For each water heater and/or vent: $7.00.

(7) For each gas-piping system of one to five outlets: $5.00.

(8) For each additional gas piping system outlet, per outlet: $1.00.

(9) For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps: $7.00.

(10) For each installation, alteration or repair of water piping and/or water treating equipment, each: $7.00.

(11) For each repair or alteration of drainage or vent piping, each fixture: $7.00.

(12) For each lawn sprinkler system on any one meter including backflow protection devices therefor: $7.00.

(13) For atmospheric-type vacuum breaker not included in subsection (b)(12) of this section:

One to five: $5.00.

Over five, each: $1.00.

(14) For each backflow protective device other than atmospheric type vacuum breakers:

Two-inch diameter and smaller: $7.00.

Over two-inch diameter: $15.00.

(1) Inspections outside of normal business hours: $30.00*.

(2) Reinspection fee: $30.00.

(3) Inspections for which no fee is specifically indicated: $30.00*.

(4) Additional plan review required by changes, additions or revisions to approved plans, (minimum charge: one-half hour): $30.00*. (Ord. 1191 § 1 (part), 1996: Ord. 979 § 1 (part), 1988)

* Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved.

12.04.030 Contract provisions.

The application provided for in Section 12.04.020 shall contain a contract on the part of the person making the same, to pay for the water applied for, and shall reserve to the city of Sumas the right to charge and to collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided, to change the rates at any time by ordinance, to temporarily discontinue the service at any time without notice to the consumer, and shall specify that the contract is subject to all the provisions of this chapter and of any ordinance of the city of Sumas relating to the subject, hereafter passed. It shall provide that the city of Sumas shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances on the premises supplied with water, installed by the owner or occupant of the premises. It shall provide that in case the supply of water shall be interrupted or fail by any reason, the city shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the city or in any way relieve the consumer from performing the obligations of his contract. (Ord. 647 § 3, 1967)

12.04.040 Effective date of contract.

All contracts shall take effect from the day they are signed and rates shall be charged from the day the premises are connected with the city’s water supply. (Ord. 647 § 4, 1967)

12.04.050 Connection installation.

Upon the presentation to the superintendent of the receipt for the installation fees, the superintendent shall cause the premises described in the application to be connected with the city’s water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the city. Every house supplied by city water must install its own separate service connection with the city main. The premises so supplied will not be allowed to supply water to other premises, except temporarily where there are no mains in the street. (Ord. 647 § 5, 1967)

12.04.060 Hookup costs.

No service connection of a size less than three-quarters of an inch shall be installed for the transmission of city water. The fees for installation of water service connections, to be referred to as “water hookup costs,” shall be as follows:

A. Residential dwelling unit and single-occupancy commercial unit:

1. Three-quarter-inch: $2,900.00 or actual cost, whichever is greater, per unit;

2. One-inch and larger: $2,950.00 or actual cost, whichever is greater, per unit.

B. Multifamily residential dwelling and multiple-occupancy commercial buildings served by single meter:

1. Three-quarter-inch: $2,900.00 or actual cost, whichever is greater, for first unit and $1,260.00 or actual cost, whichever is greater, per unit for each additional unit served by same meter;

2. One-inch and larger: $2,950.00 or actual cost, whichever is greater, for first unit and $1,260.00 or actual cost, whichever is greater, per unit for each additional unit served by same meter. (Ord. 1537 § 1, 2009: Ord. 1475 § 1, 2007: Ord. 1465

§ 1, 2007: Ord. 1074 § 1 (part), 1992; Ord. 1047 § 1, 1991: Ord. 1013 § 1, 1990: Ord. 927 § 1, 1986; Ord. 791 § 1, 1980: Ord. 647 § 6, 1967)

12.04.065 Local area facilities charge—Hovel Road water extension.

Any property owner connecting to the city water system at a location such that said connection is served by any portion of the city water system constructed adjacent to Hovel Road south of Bone Creek shall, in addition to any other charge or cost, pay to the city a local area facilities charge of one hundred seventy dollars per residence for each connection. This charge shall be payable in full at the time of connecting to the city water system. (Ord. 1488 § 1, 2007)

12.04.070 Turning on—Notification of superintendent.

Whenever the owner or occupant of any premises connected with the city’s water supply system shall desire to use the water, he shall notify the superintendent and request that the water be turned on to the premises. The owner shall leave his portion of the service exposed in the trench until it has been inspected and the water turned on, when he shall immediately cover the pipe. (Ord. 647 § 7, 1967)

12.04.080 Accounts in name of owner—exception.

All accounts for water shall be kept in the name of the premises for which the service was installed, and not in the name of any tenant; provided, that persons renting or leasing may be supplied on their own account. In such cases the superintendent shall require such a deposit of money with the city clerk-treasurer as in his judgment shall be necessary to protect the city against any and all delinquent and unpaid charges for water, or other charges on account of such service. (Ord. 647 § 8, 1967)

12.04.090 When payment due—delinquency.

All water charges shall be due and payable on the twenty-fifth day each and every month for water used during the previous month and shall be paid to the city clerk-treasurer, or to the person delegated by the city clerk-treasurer to receive such moneys. If any residential customer’s account is not paid in full on or before the date due, the city clerk-treasurer shall add a five-dollar penalty to the amount of the bill and notify the customer by written notice. If any commercial, industrial, association or other non-residential customer’s account is not paid in full on or before the date due, the city clerk-treasurer shall add a penalty of five percent of the entire amount of the unpaid bill, or five dollars, whichever is greater, to the amount of the bill and notify the customer by written notice. In the event of a delinquent account, the city clerk-treasurer shall furnish the name of the delinquent account to the city utility superintendent and service shall not be continued until all delinquent accounts, including any penalties or reconnection charges, are paid in full. (Ord. 1565 § 2, 2010: Ord. 647 § 9, 1967)

12.04.095 Discontinuation of water service due to delinquency in sewer utility account.

In the event of delinquent and unpaid rates and charges for sewer service, including penalties levied thereon, connection charges, and interest, the superintendent may shut off the water service to the premises to which such sewer service was furnished after the charges become delinquent and unpaid, until the charges are paid.

At least twenty days prior to the shutoff of water service as provided herein, written notice of the termination shall be mailed to, or posted upon, the premises to which such water service is to be shut off. (Ord. 1329 § 1, 2001)

12.04.100 Rates—Classes of purchasers.

The following monthly rates and charges are fixed for the use of facilities and furnishing of services of the waterworks system of the city:

(1) Rates.

(A) Residential Rates—Water.

First 600 cubic feet: $10.40.

601 cubic feet and over: $1.13 per 100 cubic feet.

(B) Commercial Rates—Water.

First 600 cubic feet: $10.40.

601 cubic feet and over: $1.13 per 100 cubic feet.

Puget Sound Energy, Inc.: $0.55 per 100 cubic feet.

(D) Water Association Rate—Storage Surcharge. This surcharge is applicable to any water association that relies upon the city for provision of water storage: $0.12 per 100 cubic feet of water delivered.

(E) Wholesale Rate. A fee of $21.00 for the first 1,500 gallons and $1.13 per 748 gallons (100 cubic feet) thereafter.

(2) Classification of Purchasers.

(A) Meter Accounts.

(i) Multiple-occupancy commercial buildings: each service connection considered as a separate account;

(ii) Persons engaged in using water in manufacturing, processing, cleaning, cooling or other service activity;

(iii) Persons irrigating commercial crops;

(iv) Hotels, motels and trailer courts, restaurants not qualifying as a flat rate purchaser, federal buildings, Canadian commercial and governmental accounts;

(v) Persons outside of city limits who resell water.

(B) Any purchaser not defined as a metered or flat rate customer, or any disagreement over interpretation, shall be decided by the city council.

Any purchaser otherwise qualifying as a flat rate purchaser who needlessly wastes water shall by action of the city council be classified as a metered account. (Ord. 1799 § 1, 2022; Ord. 1581 § 1, 2011: Ord. 1477 § 1, 2007: Ord. 1474 § 1, 2007: Ord. 1332 §§ 1, 2, 2001: Ord. 1314 § 2, 2000: Ord. 1289 § 1, 1999: Ord. 1125 § 1, 1994; Ord. 1116 (part), 1994; Ord. 1103 § 1, 1993; Ord. 1100 (part), 1993; Ord. 1078 (part), 1992; Ord. 1062 (part), 1992; Ord. 1016, 1990; Ord. 975 (part), 1988; Ord. 950 (part), 1987; Ord. 913 §§ 1, 2, 1985; Ord. 870, 1984; Ord. 824 (part), 1981: Ord. 809 (part), 1981; Ord. 753, 1978; Ord. 708 § 1, 1973; Ord. 662, 1968; Ord. 647 § 10, 1967)

12.04.110 Size of mains.

All water mains, extensions and branches shall be laid within the boundaries of the city streets and all mains, extensions and branches shall not be less than two inches in diameter. The length and size of all mains, extensions and branches must have the approval of the water committee of the town council. The committee must render its report without delay and their decision shall be final. (Ord. 647 § 11, 1967)

12.04.120 Supplying water to unmetered premises.

It is unlawful for any person whose premises are supplied with water to furnish water to additional premises unless he shall first make application in writing so to do and in the same manner as an original application for the installation of water service. (Ord. 647 § 12, 1967)

12.04.130 Shutoff for supplying to unmetered premises.

When additional premises are connected without the application prescribed in the preceding section, such premises may be charged at double the rate for the time they are in use. The service may be shut off and a charge of two dollars made for shutting off and turning on such service. In case water shall be turned off as provided in this section, the same shall not be turned on again until all rates and charges against such premises shall have been made in full. (Ord. 647 § 13, 1967)

12.04.140 Increasing size of connection—laying new mains.

When new buildings are to be erected on the sites of old ones and it is desired to increase the size of or to change the location of the old service connection, or where a service connection to any premises is abandoned or no longer used, the superintendent may cut or remove such service connection, after which, should a service connection be required to the premises, a new service shall be placed only upon the owner making an application and paying for a new tap in the regular manner. When a new main is laid in any street, owners of premises on the street who are being supplied with town water from a private main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main in front of the premises. (Ord. 647 § 14, 1967)

12.04.150 Remission for turnoff.

Whenever the owner or occupant of any premises desires to discontinue the use of water for a period of not less than one month, he shall make a written application to have the water turned off and pay all charges in full. The water will be turned on again without charge, but no remission of rates will be made for less than one month, or without the application prescribed in this section. A charge of two dollars will be made to remove and install a meter. (Ord. 647 § 15, 1967)

12.04.160 No remission for turnoff.

When the water has been shut off for any cause and is turned on again or allowed or caused to be turned on by the owner, no remission of rates will be made on account of its having been shut off. The superintendent may then shut off the water at the main, or remove a portion of the service connection in the street and shall charge the actual cost of cutting out and reinstating the water supply to the owner of the property. (Ord. 647 § 16, 1967)

12.04.170 Rates charged against property.

All water rates will be charged against the premises for which the service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished. In the event that any water charges pursuant to this chapter are unpaid, the same shall become a lien and be enforced as provided by the laws of the state, including a service charge of two dollars as the expense of disconnection and reconnection. (Ord. 647 § 17, 1967)

12.04.175 Fee for after-hours service problems or shutoffs.

When any city employee is called out after normal working hours for water service problems or shutoffs, there shall be a callout fee of one hundred ten dollars or actual cost, whichever is greater, for such service. (Ord. 1476 § 5, 2007: Ord. 862, 1984)

12.04.180 Connecting to branch lines.

It is unlawful for any person to make any connection with any service or branch pipe thereof, or to make any repairs, additions or alterations of any pipe, stop or waste, or any fixtures connected or designed to be connected with the city water system, except in compliance with this chapter. (Ord. 647 § 18, 1967)

12.04.190 When service discontinued.

The city council, in case of emergency, whenever the public safety, health or the equitable distribution of water so demands, may direct the superintendent to change, reduce or limit the time or discontinue the use of water if, in its judgment, public necessity demands. Whenever there is, in the opinion of the superintendent, an insufficiency of water to supply the consumers living within the limits of the city, the superintendent shall shut off the water supply from consumers living outside the city limits in order to make up such insufficiency. In shutting off water from the outside consumers referred to, those who have used the water for the longest period shall be given the preference and, to effect the preference, the superintendent shall shut off the water from the outside consumers commencing with the last connected with the city water supply. (Ord. 647 § 19, 1967)

12.04.200 Water in public way.

It is unlawful for any person wilfully to place any automatic sprinkling device or wilfully to place or to hold any hose in such position or manner that water therefrom falls on any person while on any public street or sidewalk. (Ord. 647 § 20, 1967)

12.04.210 Use of water during fire.

It is unlawful for any person to use water for irrigation or sprinkling during the progress of any fire in the town, unless for the protection of property. All irrigation and sprinkling shall stop when an alarm of fire is sounded, and shall not be begun again until the fire is extinguished. (Ord. 647 § 21, 1967)

12.04.220 Town’s rights, privileges.

The town reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason. The town shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water. (Ord. 647 § 22, 1967)

12.04.230 Meter regulations.

All meters on services of consumers within the town limits, unless otherwise authorized by the superintendent, shall be and remain the property of the town and will not be removed unless the use of water on the premises is to be entirely stopped for sixty days or longer. In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants, and in the case of nonpayment, the water shall be shut off and will not be turned on until such charge and the charge for turning on the water are paid. In the event of the meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the superintendent on the average monthly consumption during the last three months that the same was in good order or from what he may consider the most reliable data at his command. (Ord. 647 § 23, 1967)

12.04.240 Interference with city property.

It is unlawful for any person, unless duly authorized by the superintendent, to disturb, interfere with or to damage any water main, pipe, machinery tools, meters or any other appliances, buildings or grounds belonging to, connected with or under the control of the municipal water system. (Ord. 647 § 24, 1967)

12.04.250 Permission to use system required.

It is unlawful for any person to make connections with any fixtures or to connect any pipe with any water main or water pipe belonging to the water system, or to open or close any valves in the system without first obtaining permission so to do from the superintendent. (Ord. 647 § 25, 1967)

12.04.260 Penalty for violations.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and punished as provided in Section 1.01.110. (Ord. 647 § 26, 1967)

12.04.270 Water shortage curtailment.

In the event of a shortage of available potable water, the city may curtail and cut back potable water use in the following order:

(1) Light and heavy industrial users shall be cut back first;

(2) Existing wholesale bulk water users outside of the Sumas city limits, including the Sumas Rural Water Association, Everson and Nooksack, shall be cut back next;

(3) Commercial water users located within the Sumas city limits shall be cut back next;

(4) Domestic residential Sumas water users next. (Ord. 1061 § 1, 1992)