Chapter 13.15 WATER SYSTEM

“Commercial services” means provision of water to mercantile establishments, professional offices, public or governmental buildings, hospitals, retirement homes, churches, motels, manufacturing and processing uses not qualifying as seasonal food processing or industrial service, and to multifamily dwellings and apartment houses except those in which each unit is metered separately. Service to any of the above listed commercial services in combination with any residential use shall also be considered as commercial service.

“Council” means the City Council of the City of Harrisburg.

“Customer” means a person, corporation, association or agency receiving water service from the utility.

“Date of billing” means the date indicated on the utility bill; usually the day the utility bill is mailed or final bill date.

“Day,” for the purpose of this chapter, means calendar days, not workdays.

“Drop-in meter service” means a water service that may be provided by installing a meter in an existing meter box or vault at a service location where all of the service connection piping and appurtenances except the meter have previously been installed.

“Equivalent user unit (EUU)” means a volume of water which incurs the same costs for operations, maintenance, and replacement as the average volume of domestic waste discharged from an average unit in the treatment works service area. For purposes of making this determination, the City shall utilize the metered water use records of the City of Harrisburg. A single EUU is equivalent to 748 gallons.

Fire Line. A fire service line is a water line preceding the backflow prevention assembly (BPA), supplying water to the fire sprinkler or private fire hydrant.

“Industrial service” means the provision of water to a customer through a four-inch or larger meter for use in manufacturing or processing activities located on land designated for industrial use in the Harrisburg Comprehensive Plan.

“Main extensions” means extensions of distribution pipelines, exclusive of service connections, beyond existing facilities.

“Mains” means distribution pipelines located in streets, highways, public ways, or private rights-of-way, which are used to serve the general public.

“Meter rate service” means provision for supplying water in measured quantities.

“New construction” means a new structure constructed for the purpose of human occupancy, employment, recreation, etc., including placement of a manufactured home or other similar dwellings.

“Operation and maintenance” means activities required to ensure the dependable and economical function for supplying water to customers.

a. “Maintenance” means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance, and replacement of equipment.

b. “Operation” means control of the unit processes and equipment that make up the municipal water works. This includes keeping financial and personal management records, laboratory control, process control, safety and emergency operation planning, employment of attorneys and consultants, payment of court costs and payment of any costs or fees reasonably associated with any of the above.

“Person” means any individual, firm, company, association, society, corporation, or group.

“Premises” means the integral property or area, including improvements thereon, to which water service is or will be provided.

“Rate schedules” means the entire body of effective rates, rentals, charges, and regulations as set forth in the resolution establishing fees and rates.

“Service area” means the area in which water service may be furnished at the utility’s option and includes all that territory within the corporate limits of the City of Harrisburg and certain areas adjacent or in reasonable proximity thereto.

“Service connections” means the pipes, valves, and other facilities by means of which the utility conducts water from its distribution mains to and through the meter, but does not include the piping from the meter to the property served.

“Shall” is mandatory; “may” is permissible.

“User” means every person using any part of the public treatment works of the City of Harrisburg.

“User charge” means charges levied on all users of the City of Harrisburg water system.

“Utility” means the City of Harrisburg, a municipal corporation of the State of Oregon (Water Department). [Ord. 991 § 1 (Exh. A), 2023; Ord. 750 § 1, 1998; Ord. 731 § 1, 1997.]

13.15.020 Description of service.

1. Supply. The utility will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure, and to avoid any shortage or interruption in delivery.

2. Quality. The utility will exercise reasonable diligence to supply safe and potable water at all times.

3. Classes of Service. All services installed by the utility will be classified as follows:

a. Residential within City limits. Applies to all single-family residences and to individual apartments, apartment complex, and accessory dwelling units, where service is furnished through a separate meter for each such structure or dwelling unit.

b. Commercial/industrial within City limits. Applies to all commercial customers, including industrial, seasonal food processing and mercantile establishments, stores, offices, public and private hospitals, churches, mercantile and industrial establishments combined with residences.

c. Contract service. Applies to all residential, commercial, and industrial customers who have need for special services and for which rates will be negotiated.

d. Residential outside City limits.

e. Commercial/industrial outside City limits.

f. Commercial high level outside City limits.

g. Government – schools and public buildings not otherwise classified.

h. Fire protection. Applies to standpipes, connections for automatic sprinkler systems, and fire hydrant service for private fire protection. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 2, 1997.]

13.15.030 Authority of City Council to establish rates.

The City Council shall, by resolution, establish the water rates, including a surcharge when appropriate, on all users of the public water system. Such charges shall be used exclusively for the operation, maintenance, and repair of the water system; prorated employee costs; administration costs; and expenses of collection charges imposed by this chapter. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 3, 1997.]

13.15.035 Authority of utility.

1. The utility shall have sole authority to make discretionary determinations required by this code. Such discretionary determinations are required where the code calls for approvals, determinations, reasonableness, authorization, standards (or reductions thereof), judgments, estimates, requirements, sufficiency, options, impacts upon the water system and/or customers thereof, and similar words or phrases. In each case where such words or phrases are stated or implied, they shall be understood to mean “subject to the approval or determination of the utility.”

2. Said discretionary determinations shall be based upon the following criteria: anticipated impacts upon sufficiency and reliability of the water system; the water system facility plan; sound engineering practices in the field of municipal services; financial impacts; service to other properties; the potential to establish precedent; and the impacts of alternative actions. [Ord. 991 § 1 (Exh. A), 2023.]

13.15.040 Water connection requirements.

1. All property which has new construction (as defined by this chapter) shall be required to have or make connections to the City water system, if it is available, and if not covered by another ordinance.

2. When City water is available to the property and the property is on an existing well, the property owner is required to connect to City water within six months when there is either a:

a. Change of ownership;

b. Change in occupancy; or

c. By a date required by the City if there is a declared health hazard. [Ord. 991 § 1 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 750 § 2, 1998; Ord. 731 § 3a, 1997.]

13.15.045 Private wells.

No person shall use a well for domestic water service to a structure without the well having an approved metering device. Property owner(s) will assume all costs and fees associated with installing the water meter on the well. A water meter shall be installed on the well within six months when any of the conditions listed in HMC 13.15.040 occur or on premises having an auxiliary water supply. All wells shall also conform to Chapter 13.20 HMC. [Ord. 991 § 1 (Exh. A), 2023.]

13.15.050 Application for service.

1. An application for water service is required for all new accounts. Each applicant for water service shall be required to sign a form provided by the utility setting forth:

a. The date of application.

b. The location of premises to be served.

c. The date on which applicant will be ready for service.

d. The address to which bills are to be mailed or delivered.

e. Whether the applicant is an owner or tenant of, or agent for, the premises.

f. Name of applicant or business.

g. Description of facilities/infrastructure on the property to be served, or other information as the utility may reasonably request.

h. Provide photo ID.

2. Contracts, other than applications, may be required prior to service, where in the opinion of the utility special circumstances warrant special consideration. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 4, 1997.]

13.15.060 Deposits.

1. A deposit for water service is required when:

a. The premises has had no prior service; or

b. The premises has had a change in property ownership or tenants; or

c. The premises has a disconnection or service disconnected for delinquency or other violations (also see subsection (4) of this section); or

d. An established resident, whose deposit has been refunded, and has had all services terminated for a period longer than 30 days.

2. Establishment of Deposit Rate. The fee for a water deposit will be established by the resolution establishing fees and rates.

3. Refund of Deposit.

a. At an owner-occupied location, the deposit shall be refunded if payments have been made in a regular and timely basis for a period of two years, or after the account has been closed and any outstanding charges have been paid.

b. At a renter-occupied location, the deposit shall be refunded after the account has been closed and any outstanding charges have been paid.

4. Redeposit. If, at any time after such water deposit refund is made to a depositor, the depositor becomes consistently delinquent in payment of his or her water charges or to the extent that it is necessary to issue a notice of discontinuance of service, the City, as a condition of continuation or reconnection of service, may require such deposit to be redeposited.

5. Deduction of Water Use Fees. Prior to refund of deposit, as allowed by this chapter, the City shall first apply said deposit to any sum owed as a water use fee, before remitting any excess to the user upon termination of the account.

6. If a person is responsible for water service charges to the City, as either a property owner, tenant or occupant, and the account is terminated with water service charges remaining unpaid, the City may withhold or discontinue service at any other location the person has, or wants, water services provided by the City of Harrisburg until the account is paid. [Ord. 991 § 1 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 897, 2011; Ord. 800 § 1, 2002; Ord. 792 § 1, 2002; Ord. 731 § 5, 1997.]

13.15.070 Rendering of bills, responsibilities, delinquencies, and penalties.

1. User charges shall be levied on all users of the City water system and a monthly utility bill shall be mailed. The water user charge for all property, whether occupied or unoccupied, shall begin on the day that connection is made to the City water system, or on the first day of occupancy. Once the water user charge has commenced, no credit shall be given for vacancy unless it can be demonstrated that water service to that property from any and all sources has been discontinued, at which time the meter will be turned off and the user charge shall cease. If the date upon which the user charge is commenced or altered does not fall on the first date of a billing period, the closing bill shall be based upon actual water usage.

2. The utility bill shall be due and payable in full to the City no later than 20 days after the date of billing, and shall thereafter be considered delinquent and a lien against the premises served.

a. The City reserves the right to discontinue the water system service to any customer whose account is delinquent 40 days after the date of billing.

b. The City shall notify the customer of the intent to discontinue service by written notice, in accordance with HMC 13.15.080.

3. In all instances where service has been discontinued, an administrative fee, set by resolution, shall be made for restoration of service.

4. Closing bills will be due within 40 days and will be based upon the meter reading of actual water used.

a. If a utility billing customer relocates from one location to another utility billing location, the closing bill will be transferred to the new location, if there is a balance due.

5. Property Owner’s Liabilities.

a. The property owner is responsible for the water services provided to their property. If a property owner wants the City to send billings for water services to a renter or other person, the property owner shall first sign a statement indicating that they understand their responsibility and that they will be responsible for water services if the account becomes delinquent.

b. In the event a water account remains unpaid for 40 days at premises where the utility bill is sent to someone other than the owner, then the City shall notify the property owner of the status of the account.

6. Past due accounts shall become a lien against the property and will be filed with the City Recorder on the City lien docket. Liens may be foreclosed, and charges collected in the manner required by law for the collection of liens upon real property. [Ord. 991 § 1 (Exh. A), 2023; Ord. 826, 2005; Ord. 813 § 1, 2003; Ord. 800 § 2, 2002; Ord. 781 § 1, 2001; Ord. 731 § 6, 1997.]

13.15.080 Billing format.

1. Utility bills shall be mailed monthly to customers and shall include:

a. The name and address of the person to whom the billing is being sent;

b. An account number;

c. The current charges, any past due charges, any payments, any adjustments and the total amount owing; and

d. The service address location.

2. If the past due amount has not been paid on or before the tenth day of the month, then a shutoff notice will be mailed to the resident and property owner.

a. There will be a late fee assessed on the account. Late fees shall be established by resolution establishing fees and rates.

3. Water service will be shut off if payment in full is not received by the City of Harrisburg within the allotted date and time stated on the shutoff notice.

a. There will be a shutoff fee assessed on the account. Shutoff fees shall be established by Council resolution.

4. If water service is shut off, it will not be turned back on until the past due amount is paid in full, including charged fees;

a. Any payments made after 3:00 p.m. will have their water service restored the next business day.

5. The shutoff notice shall state:

a. The deadline for making payment in order to avoid a shutoff;

b. The address where payment can be made; and

c. The past due amount and charges that must be paid.

6. In the event service is discontinued, a notice shall be left on the property stating that service has been discontinued until the delinquent account is paid in full. The notice shall be placed on or near the front door of the premises or most reasonably approachable entrance to the property for the general public. [Ord. 991 § 1 (Exh. A), 2023; Ord. 826, 2005; Ord. 800 § 3, 2002; Ord. 781 § 2, 2001; Ord. 731 § 7, 1997.]

13.15.085 Adjustments, back-billing, credits and refunds.

1. The utility billing supervisor may authorize adjustments, back-bill, apply credits, pay refunds, or waive fees and charges where it is deemed necessary for the proper conduct of the business of the utility with approval of any department head.

2. When the utility determines that a customer has been mistakenly charged too much for water services, the utility will apply a credit to the account based on the date the error first occurred, the date the current customer became responsible for the bill, or a period not to exceed six months, whichever is less.

3. When the utility determines that a customer has not been charged or has not been charged enough for water services, the utility will back-bill the account based on the date the error first occurred, the date the current customer became responsible for the bill, or a period not to exceed six months, whichever is less. Customers who receive such a delayed bill will be offered the opportunity to make arrangements for installment payments.

4. Adjustments on Account of Leaks. Where it can be demonstrated that an existing leak on the customer’s side of the meter has been repaired, the utility may allow an adjustment of the estimated excess consumption due to leakage. Adjustments may be based on either a previous year’s three-month average of the same time frame, or a minimum of three consecutive months of normal usage for new residents. Adjustments shall not be permitted when the excess consumption is due to the apparent continued waste of water due to a negligent failure to repair the leak or when no comparable water use history exists. When an adjustment on account of leaks has been granted, no further leak adjustments shall be granted in the following 36 months without approval of the City Administrator. [Ord. 991 § 1 (Exh. A), 2023.]

13.15.090 Multiple units.

1. Number of Services to Separate Premises. Separate premises under single control or management will each be supplied through individual service connections unless the utility elects otherwise.

2. Service to Multiple Units. Separate houses, buildings, living or business quarters on the same premises or on adjoining premises, under single control or management, may be served at the option of the applicant by either of the following methods:

a. Through separate service connections to each or any unit; provided, that the pipeline system from each service is independent of the others, and is not interconnected; or

b. Through a single service connection to the entire premises on which one base rate per unit will be applied. The responsibility for payment of charges through a single service connection of approved capacity must be assumed by the applicant.

3. Changes in Customer’s Equipment. Customers making any material change in the size, character, or extent of the equipment or operation utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the utility written notice of the nature of the change and, if requested by the utility, amend their application. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 8, 1997.]

13.15.100 Responsibility for equipment.

The customer shall at his own risk and expense furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water. The utility shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or any of his tenants or agents in installing, maintaining, using, operating or interfering with such equipment. The utility shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally or when turned on after a temporary shutdown. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 9, 1997.]

13.15.110 Damage to utility’s property.

The customer shall be liable for any damage to a meter or other equipment or property owned by the utility which is caused by an act of the customer, his tenants or agent. Such damage shall include the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter on the customer’s premises. The utility shall be reimbursed by the customer for any such damage promptly on presentation of a bill. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 10, 1997.]

13.15.120 Discontinuance of service.

1. Nonpayment of Bills. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures as listed in HMC 13.15.070.

2. Unsafe Apparatus.

a. The utility may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is dangerous, unsafe, or is being used in violation of laws, ordinances or legal regulations.

b. The utility does not assume liability for inspecting apparatus on the customer’s property. The utility does reserve the right of inspection, however, after obtaining permission from any person with authority over the property to grant it or after obtaining a warrant, if there is reason to believe that unsafe or illegal apparatus is in use.

3. Service Detrimental to Others. The utility may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.

4. Fraud and Abuse. The utility shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud or abuse.

5. Noncompliance. The utility may, unless otherwise provided, discontinue water service to a customer for noncompliance with any portion of this chapter if the customer fails to comply within five days after receiving written notice of the utility’s intention to discontinue service. If such noncompliance affects matters of health, safety, or other conditions that warrant such action, the utility may discontinue water service immediately.

6. Customer’s Request for Service Discontinuance.

a. A customer may have his or her water service discontinued by notifying the utility reasonably well in advance of the desired date of discontinuance.

b. If the customer fails to notify the utility, the customer will be required to pay for water service until the utility has discontinued service.

7. Restoration – Reconnection Charge. For requests of restoration and/or reconnection of water service, the City shall charge a fee as set in the applicable portion of the resolution establishing fees and rates.

8. Penalty for Turning on Water Without Authority/Tampering. Should the water be turned on by any water consumer or other person without authority from the utility, the water may then be shut off at the main or the meter removed. The charge for shutting water off at the main shall be the actual cost. The charge for removing and replacing the meter shall be included in the applicable portion of the resolution setting fees and rates. All such charges shall be chargeable to the offending customer where the water is supplied, and water shall not again be furnished to such premises until said charges are paid. [Ord. 991 § 1 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 731 § 11, 1997.]

13.15.130 Mischief.

1. It shall be unlawful for any person other than authorized utility personnel to tamper with any line, meters, valves or any appliances, equipment, or other appurtenances to the utility’s water system.

2. Any developer, contractor, property owner, or private citizen who connects to the City water system without prior City approval and without allowing City public works personnel an opportunity to inspect the connection shall:

a. Have the service terminated;

b. Be fined; and/or

c. Be required to pay for the City inspection of the work performed and any corrections required by the City. [Ord. 991 § 1 (Exh. A), 2023; Ord. 781 § 3, 2001; Ord. 750 § 5, 1998; Ord. 731 § 12, 1997.]

13.15.140 Access to premises.

The utility or its duly authorized agents shall, at all reasonable times, have the right to enter or leave the customer’s premises for any purpose properly connected with the service of water to the premises after obtaining permission from any person with the authority over the property to grant it or after obtaining a warrant. [Ord. 991 § 1 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 731 § 13, 1997.]

13.15.150 Handling of funds.

1. Bills for water user charges shall be mailed to the address specified in the application for service unless or until the different owner or user of the property is reported to utility billing.

2. All collections of water user charges shall be made by authorized City personnel.

3. City authorized personnel shall deposit in the water fund all of the gross revenues received from charges, rates, surcharges, and penalties collected for the use of the water system as herein provided.

4. The revenues thus deposited in the water fund shall be used exclusively for the operation, maintenance, replacement, prorated employee costs, administration costs, and expenses of collection of charges imposed by this chapter.

5. Records of all assigned water contributions forming the basis of the charges shall be kept on file with the City Recorder and shall be open for public inspection. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 14, 1997.]

13.15.160 Service connections.

1. The City may furnish and install a service of such size and at such location as the applicant requests, provided such requests are reasonable.

2. The service will be installed from the City water main to the curb line or property line to the premises, which may abut on the street, on other thoroughfares, or on a City right-of-way or easement.

3. Charges for connection fees will be set by the resolution establishing fees and rates.

4. Change in Location of Meters, Services, or Size of Meter. Services moved for the convenience of the customer will be relocated only at the customer’s expense. The customer will be required to pay the utility the actual labor costs, plus materials used.

5. Ownership. The service connection, whether located on public or private property, is the property of the utility; and the utility reserves the right to repair, replace, and maintain it, as well as to remove it upon discontinuance of service.

6. Charges for Service Pipes Connected Without Permit. If premises are connected without the application prescribed in this chapter, such City water service shall be immediately disconnected. Before a new connection is made, the applicant shall pay double the rate for the estimated quantity of water consumed. A new connection shall only be made upon compliance with provisions of this chapter.

7. Abandoned and Non-Revenue-Producing Services. Where a service connection to any premises has been abandoned or not used for a period of one year or longer, the utility may remove such service connection. New service shall be provided only upon the owner making an application and paying for a new connection in the regular manner.

8. Leaking or Unused Services. Where there is a leak between the main and the meter, the utility shall make all repairs free of charge. When a service pipe at the proper grade is damaged or destroyed by contractors or others, or where service pipes are destroyed by the person, contractor or company responsible for such damage or destruction shall pay the utility for the cost of repairing or replacing such pipes on the basis of the actual cost to the City in labor and in material. [Ord. 991 § 1 (Exh. A), 2023; Ord. 800 § 4, 2002; Ord. 769 § 1, 2000; Ord. 750 § 3, 1998; Ord. 731 § 15, 1997.]

13.15.170 Service connection and main extensions outside City limits.

1. The utility will not finance or construct water mains for residential or commercial/industrial uses, except in special circumstances, outlined in this section. Individual service connections may be permitted, by option of the utility, on those mains owned and operated by the utility outside the City limits. (The Council shall have the right to reject such petitions and to enter into contract with the petitioners under such conditions as the Council may elect.)

2. All water delivered outside the City limits shall be considered as a special service and shall not be extended except under unusual circumstances. The quantity of water supplied by this service may be reduced or the service discontinued when sufficiently justified by the utility. A finding that unusual circumstances exist shall be related to the following:

a. A public health need or the future viability of an existing industry; and

b. A determination that the provision of domestic water supply is vital to the operation of a particular use.

3. Declared Health Hazard. All property with structures or buildings normally used or inhabited by people located within the City and declared by the Oregon State Health Division or the Linn County Health Department to contain conditions causing a danger to the property water supply shall connect to the public water supply system to alleviate such health hazard within six months of declaration of a danger to public health. An existing well may be grandfathered in for purposes of this chapter and may be repaired if desired. However, when a City water line does become available to the property (“available to the property” means property adjacent to the City right-of-way in which a water line is installed), the property owner will be given six months to connect to the City water line.

4. Applications and Rates. The City reserves the right to act on each application for outside-the-City service on its merits without regard to any other past or present application or service. If service is approved, the cost of service, connections, and meters will be listed in the applicable portion of the resolution establishing fees and rates. Water use rates will be double those for service to a similar customer within the City limits.

5. Rules and Regulations.

a. All customers outside the City receiving water from the utility shall comply with and be bound by the rules and regulations of the utility.

b. Individuals shall cooperate to a reasonable and practicable extent with other customers in the extension or enlargement of common facilities.

c. No customer shall interconnect between water furnished by the utility and water from another source. (See Chapter 13.20 HMC.)

6. Guarantee of Supply. Pressure and other conditions are to be at the risk of the customer without guarantee by the utility, and the utility shall have no liability in any way to customers for failure to provide service or for any failure of system. [Ord. 991 § 1 (Exh. A), 2023; Ord. 750 § 4, 1998; Ord. 731 § 16, 1997.]

13.15.180 Temporary service.

Installation and construction of temporary water services will not be provided. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 17, 1997.]

13.15.190 Interruptions in service.

The utility shall not be liable for damage resulting from an interruption in service. Temporary shutdowns may be resorted to by the utility for improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to such shutdowns. The utility will not be liable for interruption, shortage or insufficiency of supply or for any loss or damages occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 18, 1997.]

13.15.200 Meter error.

Prior to installation, each meter will be tested, and no meter found to register more than two percent fast or slow under conditions of normal operation will be placed in service.

1. Meter Test on Customer Request.

a. A customer may, giving not less than one week’s notice, request the utility to test the meter serving his/her premises.

b. The utility may require the customer to deposit an amount equal to one hour of public works time based on the current fee schedule, to cover the cost of the testing procedure. Customers will be invoiced for time in excess of one hour if applicable.

c. A written report giving the results of the test shall be available to the customer within 10 days after completion of the test.

2. Adjustment of Bills for Meter Error.

a. Fast Meters. When, upon test, a meter is found to be registering more than two percent fast under conditions of normal operation, the utility will refund to the customer the full amount of the overcharge based on corrected meter readings for a period not exceeding three months that the meter was in use and the public works testing deposit amount, if it was charged.

b. Slow Meters. When upon test a meter used for domestic or residential service is found to be registering more than two percent slow, the utility may bill the customer for the amount of the undercharge based upon corrected meter readings for a period not exceeding three months that the meter was in use.

c. Nonregistering Meters. The utility may bill the customer for water consumed while the meter was not registering. The bill will be at the minimum monthly meter rate or will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.

d. Adjustments on Account of Underground Leaks. Where a leak exists underground between the meter and the building and the same leak is repaired within 10 days after the owner, agent, or occupant of the premises has been notified of such leakage, the utility may allow an adjustment on the billing. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 19, 1997.]

13.15.210 Pools and tanks.

When an abnormally large quantity of water is desired for filling a swimming pool, log pond, or for other purposes, arrangements must be made with the utility prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the utility’s facilities and if other consumers are not inconvenienced. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 20, 1997.]

13.15.220 Fire hydrants.

1. Use of and Damage to Fire Hydrants. No person or persons, other than those designated and authorized by the proper authority, or by the utility, shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted.

2. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the utility has fulfilled its obligation. If a property owner or other party desires a change in the size, type, or location of the hydrant, they shall bear all costs of such changes. Any change in the location of fire hydrants must be approved by the utility.

3. Fire Hydrants Outside the City Limits. Charges for installation and annual maintenance for fire hydrants outside the City limits shall be set in the applicable portion of the resolution establishing fees and rates. In the event of nonpayment of the maintenance charge, the utility may refuse service from the fire hydrant.

4. Authorized Use. In order to obtain authorization to use a fire hydrant, the customer must contact the Public Works Director and if approved, apply for water service from utility. The Public Works Director will determine a hydrant the customer may use. At the time the customer signs up for temporary water supply from a fire hydrant, the customer must supply the utility with an estimate of water to be used, and the time and date water will be taken from the system. The bill will be generated after the service is used at the utility’s next regularly scheduled billing date.

5. Where the use of the water from the hydrant requires backflow prevention, the customer is responsible for the proper installation, cost of permit and operation of the required backflow prevention assembly.

6. All maintenance for public hydrants shall be the responsibility of the utility or local fire department. The property owner is responsible for the maintenance and all costs associated with hydrants located on private property and the fire lines.

7. All publicly owned fire hydrants shall be painted yellow by the utility. Privately owned fire hydrants shall be painted red.

8. All fire hydrants shall contain a four-inch integral Storz connection.

9. Fire hydrants will be located according to current Oregon Fire Code. Any exceptions must be approved by the Harrisburg Fire Department and the Public Works Director. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 21, 1997.]

13.15.225 Fire line protection service.

Fire protection service shall be allowed under the following conditions:

1. When the owner of a property or building desires such service and a main of sufficient size and volume is present, adjacent to or which may be extended to the property in such a manner as to provide the service required.

2. The owner or agent of such a building shall agree that no water may be used from the system except for extinguishing fires or periodic testing. Before any water for testing can be used, the owner or agent must receive permission from the utility.

3. All fire systems and private hydrants, wet or dry, shall be equipped with the appropriate backflow prevention assemblies and proportional flow meters.

4. Where any violation of any of the above subsections exists, service may be immediately discontinued. In the case where no detector or proportional meter exists, then one will be required before service is restored. In cases where there is a detector or proportional meter, then the owner or agent must provide satisfactory assurances that the use of water will cease or appropriate means are provided to ensure payment for all the water used. The customer will also be required to pay for all water used. The utility shall estimate this amount in cases where it cannot be determined. The bill must be paid prior to service being restored.

5. No charge will be made for water used in the extinguishing of fires.

6. The cost of all detector checks, proportional meters, backflow devices, and related appurtenances shall be borne by the customer.

7. Pressure and Supply. The utility assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. [Ord. 991 § 1 (Exh. A), 2023.]

13.15.230 Control valves.

On all new construction and upgrades, the utility shall install a suitable ball valve, on the property side of the meter, the operation of which will control the entire water supply from the service. The valve from that point forward towards the property shall be the responsibility of the customer to maintain. The operation by the customer of the corporation/meter stop in the meter box is not permitted. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 22, 1997.]

13.15.240 Cross-connections.

See Chapter 13.20 HMC. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 23, 1997.]

13.15.250 Water waste.

Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the utility may discontinue the service if such conditions are not corrected. The utility will have the option of determining the time limit, based upon the severity of the problem. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 24, 1997.]

13.15.260 Restricted use of water.

1. The City has developed a water management and conservation plan (WMCP) that has been approved by Oregon Water Resources Department. The water management and conservation plan includes a water curtailment plan that meets the requirements of OAR 690-086-0160.

2. The Public Works Director, or his or her designee, upon declaring a severe or critical water supply shortage, may activate some or all of the mandatory restrictions listed in the WMCP, in addition to any other curtailment measures deemed necessary to respond to a specific event. In general, the WMCP will be used to guide activation of curtailment measures. If curtailment measures are to be activated, the Public Works Director shall immediately notify the City Administrator prior to notifying the public.

3. The order of restriction shall limit water uses as follows:

a. Stage 1 “mild” is declared when consumption exceeds 80 percent of production capacity.

b. Stage 2 “moderate” is declared when consumption exceeds 90 percent of production capacity.

c. Stage 3 “catastrophic” is declared in an emergency.

4. Willful or continued violation of any of the orders or restrictions established by the approved WMCP shall be deemed a violation and shall be subject to the penalties imposed in HMC 13.15.300. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 25, 1997.]

13.15.270 Unmetered service.

It shall be the policy of the City that all water services be metered. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 26, 1997.]

13.15.272 Building over water mains prohibited.

No structure requiring a permit shall be constructed over or within seven and one-half feet of a public water main. [Ord. 991 § 1 (Exh. A), 2023.]

13.15.275 Separation of water mains and services from other utilities.

Except for crossings, all utilities, piping, conduits, and other underground lines shall be installed at a minimum of five feet of horizontal clearance from all utility water mains and services unless a lesser distance is specifically approved in writing. [Ord. 991 § 1 (Exh. A), 2023.]

13.15.280 Resale of water/bulk water.

1. Except by special agreement with the utility, no customer shall resell any of the water received by them from the utility, nor shall water be delivered to premises other than those specified in the application for service.

2. Bulk water shall only be obtained from metered bulk water sites designated and approved by the Public Works Director. No bulk water will be authorized when the Public Works Director declares that it may be detrimental to the water system users in an adverse way. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 27, 1997.]

13.15.290 Appeals.

All appeals/determinations shall be made by the City Administrator or the City Administrator’s authorized representative. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 28, 1997.]

13.15.300 Penalty.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500.00 for each violation. [Ord. 991 § 1 (Exh. A), 2023; Ord. 781 § 4, 2001; Ord. 750 § 5, 1998; Ord. 731 § 29, 1997.]

13.15.310 Constitutionality – Saving clause.

If any clause, sentence, paragraph, section, article or portion of this chapter for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section or portion of this chapter directly involved in the controversy in which judgment is rendered. [Ord. 991 § 1 (Exh. A), 2023; Ord. 731 § 30, 1997.]