Chapter 13.50


13.50.010    Purpose.

13.50.020    Application.

13.50.030    Regulatory authority.

13.50.040    Program administration.

13.50.050    Definitions.

13.50.060    Backflow assemblies.

13.50.070    Inspection and testing.

13.50.080    Civil penalties.

13.50.090    Appeal of public works director’s decision.

13.50.100    Recovery of costs incurred by the city.

13.50.110    Falsifying of information.

13.50.010 Purpose.

It is the purpose of this chapter to provide enforcement authority and to establish local regulating standards in accordance with state regulations in order to protect the city of West Richland’s water supply from contamination or pollution due to any existing or potential cross-connections. [Ord. 7-08 § 2, 2008].

13.50.020 Application.

This chapter applies throughout the city of West Richland and outside the city of West Richland to every premises and the owners thereof served by the water system of the city of West Richland. It applies to all systems installed prior to or after its enactment. Every owner and occupant of any premises covered by this chapter is responsible for compliance with its terms and shall be strictly liable for all damage incurred as a result of failure to comply with the express terms and provisions contained herein. [Ord. 7-08 § 2, 2008].

13.50.030 Regulatory authority.

The control or elimination of cross-connections shall be governed by WAC 246-290-490, city of West Richland policy and Chapter 19.27 RCW as they now exist or as they may hereafter be amended. [Ord. 7-08 § 2, 2008].

13.50.040 Program administration.

The city of West Richland shall be known as the water purveyor for the purposes of this chapter. The cross-connection control program will be administered by the public works director who may delegate responsibility for the organization and implementation of this program. The director reserves the right to deny service or discontinue the supply of water to any consumer not in compliance with this and all other applicable regulations pertaining to public water systems. [Ord. 7-08 § 2, 2008].

13.50.050 Definitions.

Definitions shall be as stated in WAC 246-290-010. [Ord. 7-08 § 2, 2008].

13.50.060 Backflow assemblies.

The type of backflow prevention assemblies required to protect the water system shall be commensurate with the degree of hazard and shall be a model included on the State Department of Health list of approved assemblies. The city of West Richland shall be the sole judge in determining the level of protection required. The policies, procedures, and other criteria contained in reference materials identified at WAC 246-290-490(2)(b), as amended, and those contained in the most current editions of “Recommended Practice for Backflow Prevention and Cross-Connection Control (M14),” American Water Works Association, “Manual of Cross Connection Control,” Foundation for Cross-Connection Control and Hydraulic Research, and the “2006 International Plumbing Code,” International Code Council, shall be used as guidance or technical aid for determining appropriate levels of water system protection required, and to establish the operating procedures and compliance standards of the city of West Richland’s cross-connection control program.

Backflow assemblies shall be installed in a location acceptable to and approved by the city of West Richland. [Ord. 22-09 § 1, 2009; Ord. 7-08 § 2, 2008].

13.50.070 Inspection and testing.

Authorized employees of the city of West Richland, with proper identification, shall be granted access at reasonable times to all parts of a premises or within buildings to which water is supplied for the purpose of inspection or testing. These authorized employees shall identify the premises where the potential for backflow is present, shall evaluate the conditions at those premises and, when appropriate, shall require the installation of backflow prevention assemblies. All assemblies shall be installed in accordance with regulations and standards acceptable to the city of West Richland.

The water user or owner of the premises where one or more backflow assemblies have been installed to protect the public water system shall have the assembly or assemblies tested immediately after installation, repair, relocation and at least once every 12 months on a schedule provided by the city of West Richland. Systems identified in WAC 246-290-490(7)(c) that have been installed in conformity with the International Plumbing Code and that otherwise meet all requirements of WAC 246-290-490 are not subject to this annual testing requirement. All such assemblies found not functioning properly shall be promptly repaired or replaced by the water user or owner of the premises. Where there are repeated failures, the testing may be undertaken more frequently than once every 12 months under the direction of the public works director. The test shall be performed by a state-certified tester, recognized by the city of West Richland, and a copy of the test results forwarded to the city. Any installation, corrective measure, testing or disconnection fees shall be the sole expense of the water user or owner of the premises. [Ord. 7-08 § 2, 2008].

13.50.080 Civil penalties.

Any person who violates an order of the city, or who fails to comply with (A) any provision of this chapter, or (B) any regulation, rule, or permit of the city, issued pursuant to this chapter, shall be at a minimum guilty of an infraction up to a misdemeanor. In the case of refusal and/or failure to comply with an order to make required modifications and/or to install backflow assemblies, shall be guilty of misdemeanor, carry only a monetary fine, which is punitive in nature and not a cost or compensation to the city for services, of up to $1,000 per violation. Refusal and/or failure to provide an annual backflow assembly test report to the city of West Richland shall be guilty of an infraction and punishable by a monetary fine up to $250.00 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. Such monetary fines may be reduced due to extenuating circumstances as determined by the public works director. Such monetary fines may be recovered by judicial actions and/or, to the extent permissible by state law, by administrative procedures. [Ord. 22-09 § 2, 2009; Ord. 7-08 § 2, 2008].

13.50.090 Appeal of public works director’s decision.

Any person who has been issued a monetary fine by the public works director shall have the right to appeal to the mayor. [Ord. 22-09 § 3, 2009; Ord. 7-08 § 2, 2008].

13.50.100 Recovery of costs incurred by the city.

Any water customer violating any of the provisions of this code, who causes damage to, or impairs, the city’s water system, shall be liable to the city for any expense, loss, or damage caused by such violation. The city shall by order bill the violator for the cost incurred by the city for any cleaning, repair, or replacement work caused by the violation. Refusal to pay the assessed costs shall constitute a violation of this code subject to penalties set forth above. [Ord. 7-08 § 2, 2008].

13.50.110 Falsifying of information.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, and plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any testing device or method required under this chapter, shall be guilty of a misdemeanor and punishable pursuant to West Richland Municipal Code. [Ord. 22-09 § 4, 2009; Ord. 7-08 § 2, 2008].