Chapter 13.04 WATER SYSTEM*

A. “City” means the city of Yelm, Washington, or as indicated by the context, may mean the water department, water superintendent, city clerk/treasurer, engineer or other employee or agent representing the city in the discharge of his duties.

B. “City engineer” means the professional engineer regularly employed or retained by the city.

C. “Commercial water service” means water service provided to premises utilized for business or industrial purposes.

D. “Consumer” means an individual dwelling unit or individual business which receives water through an individual meter or master meter.

E. “Council” means the city council of the city of Yelm.

F. “Disabled citizen” means a permanently disabled head of household whose income from all sources whatsoever does not exceed the median income as established or amended by resolution of the city council.

G. “Mains” means waterlines designed or used to serve more than one premises.

H. “Master meter” means a meter of any size serving more than one consumer.

I. “Person,” “customer,” “owner” and “occupant” include natural persons of either sex, associations, copartnerships and corporations, whether acting individually or by a servant, agent or employee; the singular number shall be held to include the plural and the masculine pronoun to include the feminine.

J. “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 shall constitute a division into separate premises as defined in this chapter.

K. “Public works director” means the public works director, or his/her delegated representative in charge of the city of Yelm department of public works.

L. “Residential water service” means domestic water service (including lawn and garden sprinkling) provided to a residential living unit.

M. “Senior citizen” means a head of household over the age of 65 who is retired and is below the median income as established by the city.

N. “Service connection” means that portion of the city water supply system connecting the supply system on the premises to the city water distribution main 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 connection” includes connections for fire protection as well as for domestic, commercial and industrial uses.

O. “Standard or permanent mains” means mains which conform to the standard specifications of the city with respect to materials and minimum diameters.

P. “Standard specifications” means the specifications set forth in the current volume of “Standard Specifications for Road, Bridge, and Municipal Construction” prepared and distributed jointly by the Washington State Department of Transportation (WSDOT) and by the Washington State Chapter of the American Public Works Association (APWA) and the current “Standards” of the American Water Works Association (AWWA).

Q. “Substandard or temporary mains” means mains which do not conform to the standard specifications of the city with respect to materials and/or minimum diameter.

R. “Superintendent” means the person duly appointed by the mayor of the city as the superintendent of the water department and who is in responsible charge of all day-to-day activities. (Ord. 868 § 1, 2007; Ord. 778 § 1, 2003; Ord. 512 § 1, 1994; Ord. 337, 1987).

13.04.025 Use of municipal water.

A. It shall be unlawful for any person to construct a well within the city of Yelm’s retail water service area, except that a well may be constructed for the purpose of:

1. Providing potable water to a single dwelling unit on a lot legally created prior to 1992 when the nearest water and sewer mains are located over 200 feet from the closest property line; or

2. Providing potable water to any development when the well and water system is approved by the city of Yelm as a satellite water system.

B. Upon connection to the city of Yelm water system, all existing wells serving the property connecting to the water system shall be abandoned and decommissioned pursuant to Chapter 18.104 RCW.

C. The city shall have the right to consolidate water rights for exempt wells abandoned pursuant to subsection B of this section according to RCW 90.44.105.

D. It shall be unlawful for any person to construct a new well on any property which contained a well previously decommissioned pursuant to subsection B of this section. (Ord. 920 § 1, 2010).

13.04.030 Service types defined.

Whenever used in this chapter:

A. “Regular service” means performance by the city of the following: tapping of the main, installation of the service pipe from the main to the yoke, installation of the yoke, the meter, the meter box and installation of necessary valves and appurtenances.

B. “Duplex service” means performance by the city of the following: regular service as defined above and in addition thereto, a pipe of sufficient size to serve two meters, installations of two meters, two meter boxes, two yokes and two sets of necessary valves and appurtenances.

C. “Pretapped and preplumbed service” means performance by the city of the following: placement of the meter in the meter yoke.

D. “Pretapped only service” means performance by the city of the following: installation of the valves, meter yokes, meter and meter box. (Ord. 337, 1987).

13.04.040 Comprehensive plan.

A comprehensive water system plan shall be prepared for the city by the city engineer and three copies of the same shall be maintained on file in the office of the city clerk/treasurer. The comprehensive plan shall be submitted to and approved by the Department of Social and Health Services. Such plan shall contain, as a minimum, the location and specifications of the existing facilities of the system, recommendations for correction of existing deficiencies and for improvement of the existing system, and proposed locations, standards and specifications of facilities if the system is expanded in the future. The comprehensive water system plan shall be reviewed and updated as deemed necessary by the council but in any event not less than once every five years. (Ord. 337, 1987).

13.04.050 Design standards.

The design standards shall be adopted from time to time by the council upon the recommendation of the water superintendent and the city engineer and three copies of the same shall be maintained on file at the office of the city clerk/treasurer. (Ord. 337, 1987).

13.04.060 Ownership of mains and service connections.

A. The ownership of all mains, service connections and appurtenances in the public street or utility rights-of-way shall be vested fully in the city and the person responsible for the construction of such mains shall relinquish, by bill of sale, or other appropriate instrument of conveyance, all interest in the ownership of such mains upon acceptance by the city; provided, however, that all private systems existing at the time of the passage of the ordinance codified herein shall remain under private ownership unless dedicated to the city provided the private system is constructed to the minimum standards of the city under the provisions of this chapter.

B. The city shall operate, control and maintain all approved and accepted components of the city water system in the public streets or utility rights-of-way up to and including the meter, but shall not be responsible beyond the meter. The owner of the property served shall be responsible for maintenance of all pipe and fittings from the meter to his premises. No alteration shall be made to any connection nor shall any connection be made to the city water system without the approval of the superintendent. All connections or alterations shall be made by the city water department or by contract supervised by the superintendent. (Ord. 337, 1987).

13.04.070 Abandonment of connection.

Any connection remaining unused for a period of five years is deemed abandoned and a new connection shall be applied for when renewal of service is requested. Where such reconnection requires new construction from the property line to the main, but in the same location, the fee for such service shall be the same as identified in YMC 13.04.120. (Ord. 337, 1987).

13.04.080 Administration and enforcement.

A. The public works director or designated representative is charged with administration and enforcement of this chapter. Water service to any premises served by the city water system may be discontinued for any violation or abridgement of the provisions of this chapter after due notice thereof.

B. In the event water service is discontinued for failure to comply with provisions of this chapter it shall remain terminated for the duration of such noncompliance. (Ord. 778 § 2, 2003; Ord. 337, 1987).

13.04.090 Inspection of premises.

Authorized employees of the water department, properly identified, shall have free access at reasonable hours of the day, to all premises served by the city water system for the purpose of ascertaining conformity to this chapter. (Ord. 337, 1987).

13.04.095 Damaging or interfering with water system.

It is unlawful for any person to wilfully disturb, break, deface, or damage any fire hydrant, water meter, gate valve, water pipe or other waterworks appurtenance together with the buildings, grounds and improvements thereon belonging to or connected with the water system of the city in any manner whatsoever.

It is unlawful for any person to open, close, turn or interfere with, or attempt to, or to connect with any fire hydrant, valve, or pipe belonging to the city unless authorized by the superintendent in writing; provided, that this rule shall not apply to members of the city department or such other fire department duly authorized to operate fire hydrants while acting in such capacity.

It is unlawful for any person to throw refuse or any substance into any city reservoir or to throw any deleterious matter in or upon any part of the city’s watershed or water supply system. (Ord. 337, 1987).

13.04.096 Wasting water prohibited.

It is unlawful for any person to allow water to be wasted at any point beyond the curb-cock or meter by imperfect, faulty or leaking stop-cocks, valves, pipes, closets, faucets or other fixtures and appliances or to use water closets without self-closing valves or to allow any fixtures or appliances to run open for lack of repairs, to permit freezing or to use water for any other purpose other than that set forth in the application upon which charges for water are based, or to use water in violation of the rules and regulations as set forth in this chapter. (Ord. 778 § 3, 2003).

13.04.097 Water shortage provisions.

The city reserves the right in the case of shortage of waters, or for any other cause, to make any order regulating, forbidding or restricting the use of water for irrigation or sprinkling or any other nonessential outside usage. (Ord. 778 § 4, 2003).

13.04.100 Service – Application.

A. All applications for water service shall be made at the office of the city clerk/treasurer or at such other place as the council may hereafter designate by resolution and upon such form as may be prescribed by the superintendent.

B. Every such application shall be made by the owner of the property to be furnished, or by its authorized agent, and the applicant shall state fully and truly all the purposes for which the water may be required. (Ord. 337, 1987).

13.04.110 Service – Connection – General requirements.

A. Except as otherwise provided for herein, no premises shall be connected to the water supply system of the city after the effective date of the ordinance codified in this chapter unless there is a standard main owned by the city in the public right-of-way adjacent thereto.

B. When a permit has been obtained for the installation of water service, the superintendent shall cause the premises described in the application to be connected with the water system by a service pipe extending from the main to the property line and a stopcock and water meter placed within the right-of-way. Every separate premises shall have its own separate meter.

C. Service connections shall be installed by the city at the expense of the property owner, which shall be the prevailing cost of such installation at the time thereof. In case of replacement of new service, no service smaller than three-fourths inch shall be installed.

D. All connections to city service shall conform to the standard specifications and regulations of the city. (Ord. 337, 1987).

13.04.115 Water service – Limitations on connections.

Expired. (Ord. 931 § 1, 2010).

13.04.120 Service – Connection – System development charge and meter charge.

A. All persons connecting to the water system of the city shall pay, in advance of connection to the water system, a system development charge and meter charge in accordance with the schedule set forth below in this section. In every case, title to the water meter, meter box and service connection lines shall be and remain with the city.

1. The system development charge shall be $5,036 per equivalent residential unit as calculated in subsection C of this section. The system development charge shall be adjusted every January 1st by the most recent edition of the Engineering News Record Construction Cost Index (ENR-CCI).

2. The meter charge shall be as follows:

Meter Size	Regular*	Duplex*	Pretapped and Preplumbed
5/8 x 3/4″	$600.00	$750.00	$300.00
1″	760.00	985.00	400.00
1-1/2″	1,600.00		650.00
2″	2,500.00		1,000.00
3″	Cost, plus 15%
4″	Cost, plus 15%
6″	Cost, plus 15%
8″	Cost, plus 15%

*Includes installation of meter box, water meter and service connection line from a water main in the water system to a meter site on or in the public right-of-way adjacent to the property to be served which is not more than 50 feet distant from the water main. Where the water meter site lies more than 50 feet distant from the water main, the charge set forth above shall be increased by $25.00 for each additional foot of service line required.

B. A charge for street crossings will be added to the above fees as determined by the city.

C. “Equivalent residential unit (ERU)” means the unit of measurement determined by that quantity of flow associated with a single residential household defined as follows:

1. ERU measurement shall be an equivalent flow of 875 cubic feet, or less, per month, based on water meter in-flow.

2. With respect to each residential structure, the number of ERUs and associated “base flow” (figured in cubic feet) will be based on Table 1.

Table 1
Type of Unit	No. ERUs/unit	Base Flow
Single-family residence	1.00	875cf
Duplex dwelling unit	1.00	875cf
Triplex dwelling unit	0.90	788cf
Fourplex dwelling unit	0.80	700cf
Residential structures > four units	0.75	657cf

3. With respect to uses other than residential, one ERU shall be designated for each 875 cubic feet or less of water consumed per month.

4. A water capital improvement fund shall be maintained where collected system development charges will be placed to be utilized for emergency repairs, capital improvement projects and acquisition of water rights.

D. Irrigation Meters. If a meter is installed separately and solely for the purpose of irrigation, the established water connection fee (ERU) will apply plus the cost of the meter will be paid at the time of application. Monthly base fees will apply when the meter is active and ready for use, regardless of consumption during this period. The meter will be read and billed on a monthly basis and charged according to the established water rates as set by the city council. Irrigation meters shall be locked by the city at the end of the irrigation season as determined by the city. Service shall be restored by requesting utility service at the start of the irrigation season. Irrigation meters shall have a double check valve assembly, approved by the city, and approved for installation in Washington State. (Ord. 988 § 1, 2014; Ord. 927 § 1, 2010; Ord. 926 § 1, 2010; Ord. 778 §§ 5, 6, 2003; Ord. 748 §§ 3, 5 – 8, 2001; Ord. 645 § 1, 1999; Ord. 553 § 1, 1995; Ord. 504 §§ 1 – 3, 1994; Ord. 337, 1987).

13.04.130 Service – Connection – Temporary.

A. Water service may be supplied to premises on a temporary basis during the construction of a building thereon or during the construction of a standard main to service such premises. Applications for temporary service shall state fully the purposes for which temporary service is requested. All water shall be metered, and costs required for installation and removal of such temporary service shall be paid by the applicant prior to approval of such application.

B. Upon cessation of the need for which the temporary service was requested, the owner shall immediately notify the superintendent thereof and such temporary service shall forthwith be terminated or converted to permanent service. The meter shall be read and the owner of the temporary service shall be billed accordingly for the water used. (Ord. 778 § 7, 2003; Ord. 337, 1987).

13.04.140 Service – Connection – Master meter.

A. The public works director or designated representative may authorize water service to a community or group of individual consumers to be furnished through a common master meter upon finding that service through individual meters is not practicable. Where service through a common master meter is authorized, the master meter shall thereafter be maintained, owned and controlled by the city.

B. Application for water service under the provisions of this section shall be made on the forms furnished by the city for that purpose, which shall include as a minimum, a detailed description of the premises to be served, the name and nature of the person or entity to be responsible for the service and connection charges, the circumstances precluding service by individual meters and such other information as the council may deem necessary.

C. Detailed plans of all community water systems to be served by a master meter, and all modifications thereof, shall, prior to connection, be submitted for review by the city engineer.

D. Community water service as provided for in this section shall be limited to those premises described in the application therefor. Service to additional premises shall require a separate application and approval.

E. The ownership, operation and maintenance of a community water system beyond the master meter shall be vested in and the responsibility of the members of such group so serviced.

F. Monthly charges as currently established or hereafter amended shall be applied to each compound or traditional meter serving as a master meter and shall include for each account the following monthly fees:

1. One service fee corresponding to the size of the master meter from the monthly base rate charges table in YMC 13.04.250(A), shall be applied monthly to each master meter; and

2. One monthly service fee shall be applied to each built dwelling or individual business unit connected to the water line served by the master meter. The monthly fee shall be applied at the rate charged for the smallest diameter water line listed in the base rate table in YMC 13.04.250(A); and

3. Water use charges shall be applied to the registered consumption or usage amount for each master meter from the monthly consumption charges table in YMC 13.04.250(B). (Ord. 832 § 1, 2005; Ord. 778 § 8, 2003; Ord. 337, 1987).

13.04.150 Construction cost assessment.

A. Each premises to be served by the water supply system shall be assessed its proportionate share of the cost of design and construction of a standard main in the street right-of-way, or easement, abutting such property.

B. Prior to approval of an application for water service, the city clerk/treasurer shall determine whether the premises have previously contributed or been assessed their proportionate share of the construction costs. If such assessment or contribution has not previously been paid, the applicant shall pay the same prior to the approval of the application. (Ord. 337, 1987).

13.04.160 Construction charge payment.

The standard main construction charge may be paid either in cash at the time of application or pursuant to a deferred payment contract with the city in such form as may be approved by the council. Such contract may provide for interest on any unpaid balance, for discontinuance of service in the event of default in payment, and for the creation of a lien upon the premises covered thereby. (Ord. 337, 1987).

13.04.170 Substandard mains.

No substandard or temporary mains shall be installed and connected to the water supply system after the effective date of the ordinance codified in this chapter. Existing substandard mains shall not be extended to service additional customers. (Ord. 337, 1987).

13.04.180 Service – Connection – Installation of main.

A. Whenever application is made for water service to premises with no main in the adjacent street, a standard main must be installed prior to connection. The installation of such standard mains shall conform to the comprehensive water plan for the city.

B. A standard main may be installed by and at the expense of the owner(s) of the premises to be served thereby, pursuant to plans reviewed by the superintendent and approved by the city engineer. In such cases the city will contract with the owner(s) to provide for reimbursement of the costs of design and construction of such main over a period not to exceed 15 years pursuant to the provisions of Chapter 35.92 RCW. The actual cost must be approved by the city showing the method of determining benefit cost. The contract shall be recorded in the office of the county auditor upon acceptance of construction of the main by the council.

C. The owner may elect to have a standard main installed by the city upon making payment to the city of the appropriate main extension charges as provided for in this chapter. (Ord. 337, 1987).

13.04.190 Main extension charge.

Whenever a main is installed within the corporate limits of the city as provided in this chapter, the main extension charge to be paid by the owner(s) of the premises so served shall be determined by the council on the advice of the city engineer based upon the actual costs for design of the necessary material, labor and equipment required, and in accordance with current practices and the comprehensive water plan, based upon the acreage or front footage to be served or a combination of acreage and the front footage to be served. (Ord. 337, 1987).

13.04.200 Water meters.

A. All service connections to the city system shall be metered. Water meters shall be sized to provide adequate domestic water to the customer. Minimum water meter sizes shall ordinarily be determined from the number of units served as follows:

All water meters shall be American Water Works Association (AWWA) approved.

1.	1 unit	3/4" meter
2.	2 units	1" meter
3.	3 – 10 units	1-1/2" meter
4.	11 – 20 units	2" meter

B. All requests for service to more than 20 units through a single meter shall be subject to approval by the council upon review and recommendation of the city engineer.

C. Water meters for services larger than 20 units shall be sized by developer’s engineer and reviewed by the superintendent and approved by the city engineer. (Ord. 337, 1987).

13.04.210 Service – Reconnection.

A. A service reconnection initiated by application of an owner desiring to increase the size or change the location of an existing connection shall be deemed an original connection and the cost thereof shall be borne by the owner of the premises served by such connection.

B. A service reconnection necessitated by the installation of a new main in the vicinity of a premises served by an existing main shall be made by the superintendent after notifying the owner or tenant thereof, without charge to the owner served by such connection and at the same time the old service connection shall be removed. (Ord. 337, 1987).

13.04.220 Cross-connection and backflow control program.

The purpose of this section is to protect the health of the user and the potability of the water in the water system, by requiring the inspection and regulation of all actual or potential cross-connections between potable and nonpotable water systems in order to minimize the danger of contamination or pollution of the public water supply. Controlling and preventing cross-connection is accomplished by either installing an approved backflow prevention assembly or removing the cross-connection.

A. Authority.

1. The Federal Safe Drinking Water Act of 1974 and the statutes of the State of Washington RCW Title 43 and Chapter 248-54 WAC require purveyors to “protect public water systems from contamination due to cross-connections.”

2. This section prohibits the presence of cross-connections.

3. The city of Yelm’s water comprehensive plan includes cross-connection requirements.

B. Definition of Responsibilities. The city shall require the installation of backflow prevention devices on any premises being served by the water system when in the judgment of the public works director or designated cross-connection control specialist the nature and extent of activities on the premises would present an immediate and/or dangerous hazard to health should a cross-connection occur.

C. Definitions. The following terms are defined for purposes of this chapter:

1. “Air gap separation” means the physical vertical separation between the free flowing discharge end of a potable water supply pipe line and the open or nonpressure receiving vessel. The air gap is to be twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel.

2. “Approved backflow prevention assembly” means an assembly which has been approved by the state of Washington and the city of Yelm for preventing backflow.

3. “Atmospheric vacuum breaker” (also known as an “anti-siphon valve”) means a device consisting of a single check valve in the supply line that opens to the atmosphere when the pressure in the line drops to atmospheric.

4. “Auxiliary water supply” means any supply of water used to augment the supply obtained through the purveyor’s water system which serves the premises in question.

5. “Backflow” means the flow of water or other fluids in the direction opposite to the normal flow.

6. “Backflow prevention assembly tester” means an individual who is certified by the state of Washington and approved by the city of Yelm to test backflow prevention assemblies.

7. “Check valve” means a valve that permits flow in only one direction.

8. “Contaminant” mean any physical, chemical, biological, or radiological substance or matter in water which may render the water nonpotable, according to Washington State regulations.

9. “Cross-connection” means any link or channel between piping which carries potable drinking water and the piping fixtures which carry nonpotable water or other substances.

10. “Cross-connection control program” means a program included in the overall water comprehensive plan which fulfills the requirements of the state of Washington cross-connection regulations and is approved by the city of Yelm.

11. “Cross-connection specialist” means an individual certified by the state of Washington and approved by the city of Yelm to inspect for cross-connections.

12. “Customer system” means all plumbing, piping, and appurtenances on the customer’s side of the point of metering or connection.

13. “Public works director” means the public works director, or his/her designated representative.

14. “Double check valve assembly” means an assembly of two independently acting check valves with a shut-off valve on each side of the two check valves. The assembly also has test ports for checking the water tightness of each check valve. Backflow prevention assemblies must be approved for installation in Washington State.

15. “Double detector check valve assembly” means the same as a double check valve assembly with the addition of a water meter and an additional double check valve assembly bypassing the main line assembly for the purpose of measuring low or proportional flow. Backflow prevention assemblies must be approved for installation in Washington State.

16. “Facility survey” means an on-site review of the water source, facilities, equipment, operation, and maintenance for the purpose of evaluating the hazards to the drinking water supply.

17. “Owner” means any person who has legal title to or license to operate or occupy a property upon which a cross-connection inspection will be made or upon which a cross-connection is present.

18. “Pressure vacuum breaker assembly” means a mechanical assembly consisting of one spring loaded check valve in the supply line and a spring loaded air inlet on the downstream side of the check valve which will open to atmosphere when the pressure in the assembly drops below one pound per square inch. The complete assembly consists of two shut-off valves and two test ports for checking water tightness of the check valve. Backflow prevention assemblies must be approved for installation in Washington State.

19. “Reduced pressure backflow prevention assembly (RP)” means an assembly for preventing backflow incorporating two check valves, a differential relief valve located between the two check valves, two shut-off valves, one on each end of the assembly, test ports for checking water tightness of the check valves and the operation of the relief valve. Backflow prevention assemblies must be approved for installation in Washington State.

20. “Reduced pressure detector assembly (RPD)” means the same as RP assembly with the addition of a water meter and an additional RP assembly bypassing the main line assembly for the purpose of measuring low or proportional flow. Backflow prevention assemblies must be approved for installation in Washington State.

21. “Safe drinking water (potable water)” means water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological or physical substances so that individuals drinking water at normal levels of consumption will not be exposed to disease organisms or other substances which may produce harmful physical effects.

22. “Secondary contaminant” means a contaminant which at levels generally found in drinking water does not present unreasonable risks to health, but does adversely affect taste, odor, and color.

23. “Service connection” means the point of delivery of water at or near the property line, generally at the water meter.

D. Cross-Connection Program Requirements. The city will operate a cross-connection control program which fulfills the requirements of the state of Washington cross-connection regulations and is approved by the city of Yelm.

1. The owners shall allow their property to be inspected for possible cross-connections and shall follow the provisions of the city’s program if a cross-connection is permitted.

2. If the city requires that the public supply be protected by containment, the owner shall be responsible for water quality and for thermal expansion protection beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. Fixture outlet devices shall be installed in accordance with the Uniform Plumbing Code. A plumbing permit and inspections may be required.

3. On new installations the city will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventor, if any, that will be required. In any case, a minimum of a meter setter check valve will be required on any new construction.

4. For premises existing prior to the start of this program, the city will perform evaluations and inspections of plans 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.

Premises will be inspected on or after the expiration date of required action to correct a cross-connection. Premises failing to comply with the city’s request shall receive written notice that water service to the premises will be terminated within a period not to exceed 30 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 30 days.

5. The city will not allow any cross-connection to remain unless it is protected by an approved backflow preventor for which a permit has been issued and which will be regularly tested to ensure satisfactory operation.

6. If the city determines at any time that a threat to the public health exists, the water service will be terminated immediately.

7. The city shall perform inspection of all backflow devices. Inspection shall include the on-site reviews of existing installations, after any repairs or maintenance, and after any relocation. The owner is required to submit to the city a copy of the initial test report, as well as annual testing reports completed by a certified backflow assembly tester.

8. When the initial installation or annual test identifies an improperly operating backflow device, the owner shall correct the malfunction as directed by the city. The owner shall contact the city after correcting the malfunction for inspection.

E. Owner. The owner shall be responsible for the elimination or protection of all cross-connections on their premises.

1. The owner, following the receipt of a letter from the city, shall, at their own expense, install any and all backflow preventors requested.

2. The owner shall correct any malfunction of the backflow preventor which is revealed by periodic city testing.

3. The owner shall inform the city of any proposed or modified cross-connections and also any existing cross-connections of which owner is aware.

4. The owner shall install only city-approved backflow preventors

5. Any owner having a private well or other private water source shall not cross-connect to the city’s system.

6. The owner shall provide access to premises to the city at the city’s request. Failure to provide access to inspect facilities shall be grounds for termination of water service.

7. The owner shall be responsible for the payment of all fees for permits, annual or semi-annual device testing, retesting in the case that the device fails to operate correctly, and any reinspections for noncompliance with city requirements.

F. Failure to Comply. Any person, firm or corporation who willfully violates any provisions and requirements of the cross-connection control manual shall be guilty of a misdemeanor and further shall be subject to discontinuance of supply of water to the premises. Discontinuance of the city potable water supply to the premises shall remain in effect until corrective action as required by the public works director is completed, tested, and approved.

G. Installation and Testing. Installation and testing of all backflow protection devices shall be in accordance with the American Water Works Association Cross-Connection Control Manual accepted procedures and practices. The latest edition shall be used.

1. In addition, all backflow protection shall be installed at a location that is easily accessible for inspection and testing. Devices located in vaults shall have adequate clearances and depths to allow the city to inspect and test. Devices that cannot be easily and readily inspected shall be required to be relocated and replumbed as required by the city. The owner shall contact the city for applicable installation requirements and standards.

H. Applicability. The city recognizes there are varying degrees of risks associated with different types of uses and will consider this when determining if a cross-connection exists and applicable backflow prevention devices.

I. Existing Backflow Prevention Devices. Any existing backflow protection device in use can continue to be used providing:

1. The devices are functioning properly based on inspection and approved test reports received by the city.

2. The degree of protection is satisfactory for protection of the city’s potable water system as determined by the public works director or designated cross-connection control specialist.

3. Backflow devices that do not meet the above conditions shall be replaced with new approved devices. (Ord. 778 § 9, 2003).

13.04.230 Unauthorized turn-on.

Should the owner or occupant of any premises turn on the water or suffer or cause the same to be turned on after it has been shut off at the curb cock by the water department, water service may again be turned off by the water department and a penalty of $60.00 shall be accessed. Thereafter, a reconnect fee of $50.00 shall be assessed before restoration of service can be made. (Ord. 897 § 1, 2008; Ord. 748 § 9, 2001; Ord. 337, 1987).

13.04.240 Turn-off fees.

When a verbal or written request is made which may be responded to during regular working hours for any discontinuance of water service to a premises for the convenience of the occupant or owner, the response thereto shall be classified as special service, and no charge shall be made. Such service outside regular working hours shall be at the rate of $50.00 per call. (Ord. 778 § 10, 2003; Ord. 337, 1987).

13.04.250 Water consumption rates.

A. Monthly Base Rate Charges. The monthly base rate charges for all consumers will be:

2021-2022 Rate Table
Meter Size	Meter Charge
5/8 inch (Typical Residential)	$37.84
1 inch	$94.61
1-1/2 inch	$189.20
2 inch	$302.72
3 inch	$605.45
4 inch	$946.01
6 inch	$946.01
5/8 inch (Outside City Limits)	$61.30
Senior/Low Income	$18.93
Irrigation Meter	$37.84
Reclaimed Irrigation Meter	$37.84

It is recommended that city council reviews the water utility base rates in September of 2022 during the budget planning process and every subsequent September in tandem with the biennium budget.

B. Monthly Consumption Charges. The monthly consumption charges for all commercial, residential and irrigation meters will be:

2021-2022 Rate Table	Water Usage (Cubic Feet)
	Included in Base Charge	Tier 1	Tier 2
	0 – 400	401 – 1,500	1,501+
Residential (units in cubic feet)	$0.00	$4.31 per 100 CF	$6.46 per 100 CF
Commercial (units in cubic feet)	$9.41 per 100 CF
Irrigation (units in cubic feet)	$15.24 per 100 CF

It is recommended that city council reviews the water utility consumption charge in September of 2022 during the budget planning process and every subsequent September in tandem with the biennium budget.

C. Automatic Fire Sprinkler Systems. All buildings with an automatic fire sprinkler system connected to the city water distribution system shall pay the ready-to-serve charge based on the pipe size as substituted for equal meter size in the rate schedule. No water shall be used through such connections or sprinkler system except for actual fire control. If the consumer is found using water through an unmetered special fire or sprinkler service connection for other than fire protection, then each such connection shall be equipped with a conventional-type meter at the expense of the property owner.

D. Outside City Corporate Limits. Charges for the use of water outside the corporate limits of the city shall be the meter rate identified in the “outside” schedule.

E. Temporary Water Service. Temporary water service for construction of any building, street, utility or similar project shall be provided at the rate identified in the rate schedule in subsection A or B of this section dependent upon location of project. A construction meter shall be required and application shall be made at the office of the public works director identifying location and reason for use of water. A deposit of $800.00 for each construction meter shall be collected. Upon completion of the project, return of construction meter and charges for consumed water paid for, return of deposit shall be made to consumer. (Ord. 1070 § 1, 2020; Ord. 1024 § 3, 2018; Ord. 1036 § 1, 2017; Ord. 988 § 1, 2014; Ord. 963 § 1, 2013; Ord. 920 § 2, 2010; Ord. 918 § 1, 2010; Ord. 905 §§ 1, 2, 2009; Ord. 891 § 1, 2008; Ord. 778 §§ 11 – 15, 2003; Ord. 748 § 1, 2001; Ord. 593 § 1, 1997; Ord. 337, 1987).

13.04.255 Adjustment of utility bills.

A. The city administrator, or his designee, is empowered to resolve billing disputes upon receipt of request to do so from a city utility customer. Upon receipt of such notice from the customer, the city administrator, or his designee, shall review the bill with the customer to see if the amount is justly owed. The customer shall have the right to have a meeting to bring forth reasons and evidence why such bill should not be due and owing.

B. When any customer in any given billing period has used, according to the water meter, a quantity of water which is more than double the average amount of water used on such premises in similar billing periods in prior years, and the water consumption is solely caused by a broken water pipe on the user’s premises, the customer may make an application to the treasurer in writing for a reduction of the billing.

1. If the application states a broken pipe on the customer’s premises caused a large consumption of water, the existence of a broken pipe shall be verified by inspection by the public works employees. If it is established by presenting acceptable documentation demonstrating to the city that such broken pipe has been repaired, a reduction of the water bill to an amount that is the average of the prior four months plus one-half of the difference between the average and the existing disputed bill.

2. The reduction provided for in this section shall not be allowed if such excess water consumption is due to a customer’s neglect or failure to repair the broken pipe. A reduction in billing shall not be permitted if such excess consumption is due simply to leaky faucets or other plumbing fixtures.

C. Irrigation systems are specifically excluded from any adjustments due to leakage.

D. In newly developed property which does not have a prior service record, the appropriate water service charge will be based upon the charges for a similar type of water service and occupancy for the preceding year.

E. The application by the customer shall be on the forms provided by the city. (Ord. 809 § 1, 2004).

13.04.260 Fire hydrants.

Repealed by Ord. 778. (Ord. 337, 1987).

13.04.265 Sprinkling during fires prohibited.

It is unlawful for any person to knowingly use water for a lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or disaster within the city water system. (Ord. 337, 1987).

13.04.270 Service.

Water consumers shall be required to complete an application for utility service and provide photo identification with the city clerk/treasurer’s office to start service for water at the address listed on their application. (Ord. 897 § 1, 2008).

13.04.280 Billing and payments.

Monthly statements of charges for water service shall be due and payable at the office of the city clerk/treasurer or at such other place or places designated by him/her on or before the fifteenth of the month and are deemed delinquent thereafter. Statements shall cover service charges for the period shown thereon and the water consumption charges from the meter reading for the period from last meter read. Statements shall be forwarded to the customer as soon as practicable after each service period. (Ord. 897 § 1, 2008; Ord. 566 § 1, 1995; Ord. 384 § 1, 1990).

13.04.285 Utility contracts.

A. In cases of high water consumption as defined by the city finance department policy, which results in a large utility bill making it difficult to pay the full amount of the current bill, the finance department (“department”) shall have the discretion of reinstating or continuing service to a delinquent account upon receipt and department approval of a satisfactory deferred installment payment plan for the payment of the overdue amount. Notwithstanding the foregoing, the department is under no obligation to enter into any installment plan with any customer who has not fully and satisfactorily complied with terms of any previous installment plan.

B. A deferred installment payment program shall be based upon a number of factors, including but not limited to:

1. The dollar amount of the delinquent account;

2. The time the bill has been owed;

3. The customer’s ability to pay;

4. The utility payment history of the customer;

5. Other relevant factors presented by the customer.

C. A deferral shall:

1. Be on such terms and may include such security (including recorded restrictive covenant or other security) as determined by the city administrator that protects the payment of the fee;

2. Not exceed a period of deferral of more than one year, or sale of property, whichever occurs first;

3. Not include deferral of any costs of notices, publications, and other costs to the city;

4. Include repayment in full with interest thereon at a rate of two percent computed annually on the unpaid balance as a prerequisite to enter into the contract. Interest calculated pursuant to this section shall not be compounded. (Ord. 1025 § 1, 2017).

13.04.290 Nonpayment of charges.

A. Water service terminated for nonpayment shall not be restored to the nonpaying occupant until all delinquent charges, together with a service fee of $50.00 for restoring services, are paid. The city will not refuse to turn on a discontinued service to a new tenant in any building due to the nonpayment of a prior tenant. Upon completion of a utility service application and proof of identification, the new service shall be restored. Restoration of service shall in no way comprise the existing debt or the responsibility of the owner for payment.

B. Water service to commercial and non-owner-occupied units shall be contracted for by the owner (landlord) of the premises served. The city will agree to divide services among a number of units and to bill the owner for each of the designated units separately. Liability for all bills to rental units shall be joint and several between the tenant, the owner of the premises, and any other party identified on the original service request.

C. The city treasurer or authorized representative shall have the authority to refer delinquent accounts of the city water utility and refuse collection system to an agency for collection and to write off accounts that are over one year old in an amount not to exceed $500.00 per account. This write-off option shall be utilized only after it has been determined by the treasurer that the account is uncollectible and is not referable to a collection agency. The city may also elect to refer the matter to counsel for collection through an appropriate civil action. In either event, all costs of collection shall be paid by the defaulting party. (Ord. 897 § 1, 2008; Ord. 778 § 17, 2003; Ord. 566 § 2, 1995).

13.04.300 Rate reduction – Established.

Repealed by Ord. 1024. (Ord. 337, 1987).

13.04.310 Rate reduction – Eligibility.

Repealed by Ord. 1024. (Ord. 868 § 2, 2007; Ord. 512 § 2, 1994; Ord. 337, 1987).

13.04.315 System development charge and meter charge waiver and deferral – Established.

A. The system development charge and meter charge imposed by YMC 13.04.120 shall be deferred for low-income families where:

1. The total maximum household income of the residents of the dwelling unit shall not exceed 50 percent of the most recent Thurston County median household annual income, as determined by the United States Housing and Urban Development Department.

2. The dwelling type is a detached, single-family residential unit.

3. The dwelling is occupied by the owner of the property.

4. The property owner submits a deed restriction in a form approved by the city attorney to be recorded with the Thurston County auditor guaranteeing fulfillment of the criteria set forth in this section.

5. The property owner submits a deed restriction in a form approved by the city attorney to be recorded with the Thurston County auditor requiring the deferred system development charge and meter charge be repaid to the city in the event the property is sold within 10 years of the date of the deferral. If the property is not sold within the 10-year deferral period, the deferral shall convert to a waiver.

B. Amortization of system development charge may be authorized by the city administrator if a business with high water usage of more than three equivalent residential units can show that the connection charges are a barrier to economic development. Upon authorization of amortization of system development charges, the business owner and property owner must enter into a repayment agreement with the city. The agreement must:

1. Have a term of no more than 24 months with equal monthly payments.

2. Require the property owner to grant and record a lien against the property in favor of the city in the full amount of the amortized system development charges.

3. Include interest at a rate established by the finance director.

4. Include an administrative fee to cover the cost of administration of the contract, as established by the finance director. (Ord. 1026 § 3, 2018; Ord. 979 § 1, 2013).

13.04.320 Rate reductions and system development and meter charges waiver and deferrals – Application procedure.

To qualify for the reduction in water service charges or waiver and deferral of system development charges and meter charges set forth in this chapter, every eligible subscriber (or if married, then either spouse) shall file with the city clerk/treasurer his or her statement, under oath, on such form as may be prescribed by the city clerk/treasurer, that he, she or they meet the eligibility requirements set forth in YMC 13.04.310 or 13.04.315 and that such applicant or applicants promise to forthwith notify the city of any circumstances or change in conditions which would make the applicant or applicants ineligible to receive the reduction. (Ord. 979 § 2, 2013; Ord. 337, 1987).

13.04.330 Annexation requirements.

Any consumer requesting water service outside of the city limits shall be required, as a condition of receiving the water service and in addition to other requirements set forth in this chapter, to execute a waiver of protest to any future annexation which shall become an encumbrance upon the premises. (Ord. 512 § 2, 1994; Ord. 337, 1987).

13.04.340 Violations – Penalties.

A. Civil Penalties.

1. Any person who shall violate any provision of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation including any cost to the city incurred in collection from such person such loss, damage, expense, cost of inspection or cost of correction, including necessary reasonable attorney’s fees and court costs.

2. Any person who shall make an unauthorized connection to the city’s water system shall be charged a minimum fine of $250.00, or such other fines and penalties as may be adopted from time to time by city ordinance, for each unauthorized connection.

B. Criminal Penalties.

1. Any person, firm or corporation who willfully violates any of the provisions of this chapter shall be subject to discontinuance of supply of city water to the premises. Discontinuance of the city potable water supply shall remain in effect until corrective action as required by the public works director is completed. Furthermore, any willful violation by a person, firm, or corporation shall be guilty of a misdemeanor. (Ord. 778 § 18, 2003).