Chapter 13.15 WATER

This chapter sets forth uniform requirements for users of the publicly owned treatment, storage, pumping and distribution of water for the City of Newberg and enables the city to comply with all applicable state and federal laws. The objectives of this chapter are:

A. Plan and construct a city water system that protects the public health, provides cost-effective water service, meets the demands of users and addresses regulatory requirements;

B. Require developers to aid in improving the water system by constructing facilities to serve new development and extend lines to adjacent properties;

C. Water lines should be looped whenever possible to prevent dead-ends, to maintain high water quality and to increase reliability in the system;

D. Improve the water system to provide adequate service during peak demand periods and to provide adequate fire flows during all demand periods; and

E. The most current water system master plan is incorporated by reference as a supporting technical document.

This chapter shall apply to all users of the water system. This chapter authorizes the issuance of water connection permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. [Ord. 2784 § 7, 9-8-15.]

13.15.010 Application for water service.

Every person, firm, corporation or association desiring the use of water from the municipal water system of the city shall apply, providing the following information:

A. Name and address of applicant.

B. Whether applicant resides within or without the corporate limits of the city.

C. Whether applicant is the owner or tenant of property where water is to be used, and if a tenant, the name and address of the owner of the property (or) the owner’s authorized agent.

D. Such other information as may be required by this chapter or by the city finance department. [Code 2001 § 52.01.]

13.15.020 Property owners may pledge property.

A. Any person, firm or corporation residing within the corporate limits of the city so applying to the city for the use of water from its municipal water system, which person, firm or corporation shall be the owner of the legal title to the real property situated within the corporate limits of the city and where the water service is to be furnished may, at the time of making the application for water service, consent in writing that any and all unpaid delinquent rentals or other charges which may be incurred on account of water service furnished to the applicant or to the premises shall bear interest at the rate of six percent per annum from date of delinquency; and the principal and interest shall become a lien against the real property until paid in full, which real property shall be particularly described in the application, and authorize and empower the city to enforce the payment of the lien in the same manner as other municipal liens of the city are enforced and collected.

B. All such applications by the owners of property, wherein the real property is pledged to secure the payment of the delinquent rentals and charges, shall be signed by the owner or owners personally, or such other person as would be authorized to execute and deliver a good and sufficient deed of conveyance to the premises under the laws of the State of Oregon. [Ord. 1040, 10-15-48. Code 2001 § 52.02.]

Cross-reference: See ORS 223.387 for municipal liens pertaining to waterworks.

13.15.030 Water connections.

A. The city council shall, as it deems necessary, establish and adopt by resolution rules and regulations regarding connection to the city water system, permits affecting the connection, and fees, rates and charges relating to connection and the general provision of water service.

B. Every applicant for water service from the city which shall require a new tap or connection with a water main or pipeline of the city water system shall, before the connection is made, pay the appropriate water connection fee as established by the city council; subject, however, to such contracts as the city council may authorize in connection with any subdivisions, annexations, industrial establishments and similar developments.

C. City and Contractor Action – Applicant to Pay Cost of Connection.

1. Where the water connection is proposed to be used, the city shall excavate and tap the main or city pipeline, furnish and install the corporation cock, all necessary pipe and fittings to the meter, including the city shutoff, meter and meter box, charging the applicant, in addition to the water systems development charge, the city’s actual labor, materials, equipment and administrative overhead.

2. An approved contractor may make the connection to and following standard specifications to the city main or pipeline using approved materials, installation practices and following standard specifications under the supervision of city personnel. In addition to the water systems development charge, the applicant shall be charged for the city’s actual cost of labor, materials supplied and administrative overhead, if an approved contractor installs the water service connection.

3. The applicant shall pay the estimated cost of the water connection at the time application is made for a building permit. Any additional cost over the estimate shall be paid upon completion of the connection and any excess shall be promptly refunded to the applicant.

D. Shutoff and Meter Placement.

1. Where there is a curb in the street at the point where water service is to be furnished, the city’s shutoff shall be located just inside the curb line, and the meter shall be placed just inside the city shutoff except where the city main is located inside the curb line, in which event the meter shall be placed just outside of the sidewalk, if any, and the city’s shutoff outside of the meter; provided, however, that if there is no sidewalk, the meter shall be placed not less than six feet outside of the property line and the city’s shutoff outside of the meter.

2. In the event that there is no curb but there is a concrete sidewalk, the meter shall be placed just outside the sidewalk and the city’s shutoff outside of the meter. In the event that there is no concrete sidewalk or curb, the meter shall be placed not less than six feet outside of the property line and the city’s shutoff just outside of the meter. In all cases, the private shutoff shall be placed adjacent to and immediately inside of the meter, and all fittings hereafter installed from the main to and including the meter and meter box shall be and remain the property of the city. The city shall service and maintain the water line from the main up to and including the meter and meter box.

E. In the event that any meters not owned by the City of Newberg or any privately owned lines or fittings are not so maintained, the director of public works or designee shall immediately proceed to turn off the water supply through same, and shall not again turn on the water until satisfactory repairs or replacements have been made.

F. In the event that an applicant shall desire to tap a private line or main, the applicant shall file with the city the written permission of the owners or managers of the line, allowing the applicant to so tap the private line and specifying the size of tap. Thereupon, the applicant shall do all necessary excavation work, and the city shall tap the private line and install the corporation cock, charging for the work in accordance with a schedule of charges to be approved by the city council. All meters, meter boxes, shutoffs and cocks shall be of a type, make and quality satisfactory to the director of public works or designee, and shall be subject to inspection by the director of public works or designee at all times. In the event of the failure of the applicant or owner of the premises served, or the user of water on the premises, to maintain any part of the line furnished or installed by the applicant or owner of the premises served, or the user of water on the premises or owned by the applicant or owner of the premises served, or the user of water on the premises in a condition satisfactory to the director of public works or designee, the water shall be turned off by the director of public works or designee at such point as the director of public works or designee shall see fit, and shall be turned on again only after the condition of the line has been remedied in a manner satisfactory to the superintendent; and no person, firm or corporation shall, in any manner, open, turn on, touch or interfere with any shutoff cock or gate which may have been closed by the superintendent.

G. All private lines or mains outside the city and serving two or more customers shall have a gate or shutoff installed at the point where the private line or main leaves the city’s main, which the gate or shutoff shall be the property of and installed and maintained by the City of Newberg.

H. The amount of the charge payable to the city for turning on water, where the pipeline and fittings have already been installed, shall be set by resolution adopted by the city council. The turn-on charges shall be paid to the city at the time of payment of the first bill for water service charged after the turn-on and shall constitute a part of the bill.

I. No wells shall be used inside the city, except those approved for nondomestic use only. All wells must meet city standards, be inspected, and may have no cross-connections.

J. Annexation – Water District – Payment.

1. Upon annexation to the city and if a city water main is within 100 feet of the property line, the property shall connect to the city main at the city’s discretion and within 180 days of formal notice from the city manager.

2. If the property is served by a water district, the property shall disconnect from the water district line if the above conditions stated in subsection (J)(1) of this section apply.

3. Properties already served by the city through a water district or group customer line shall not pay water systems development charges at the time of connecting to the city’s main. Those currently not served by a water district or group line shall pay water systems development charges at the time of connection.

4. All other rules and regulations that apply to other city water users shall apply.

5. These properties may pay for the connection using existing financial mechanisms, including those available through the city and available under state law. [Ord. 2548, 5-21-01; Ord. 2135, 11-7-83; Ord. 1983, 11-5-79; Ord. 1347, 2-18-63; Ord. 1040, 10-15-48. Code 2001 § 52.03.]

Penalty: See NMC 13.15.290.

Cross-reference: See Chapter 223 of Title 21 ORS pertaining to local improvements and works generally.

13.15.040 Water service generally.

A. All water served to customers outside the city limits shall be measured by water meters located as near as practicable to the city limits or to a main owned by the city outside the city limits; provided, however, that single residential users may be served directly at the option of the city.

B. All water mains or service lines outside the city and not owned by the city and serving two or more users of water are hereinafter referred to as “group customer lines” and all users of water through the group customer lines are hereinafter referred to as “group customers.” Water service to each group customer line shall be metered through a single master meter of a size and type satisfactory to the director of public works or designee and the City of Newberg and located as hereinabove set forth and each master meter shall be purchased and installed at the expense of the group customers served by the group customer line. The location and manner of installation of each master meter shall be satisfactory to the director of public works or designee.

C. The collection of water charges for all group customers served by a single master meter shall be made through a single individual or agency, satisfactory to the City of Newberg, which individual or agency shall assume the responsibility and risk of collecting the necessary revenues from the individual users of water served through the master meter and paying to the city for all water passing through the master meter.

D. The group customers served by each existing group customer line shall have notified the city in writing not later than July 7, 1958, of the name and address of the individual or agency and the group customers shall thereupon be required to make a further selection satisfactory to the city. All water service outside the city is at all times liable to restriction, rationing or discontinuance in the event of shortage of water within the city. Pressure and quality of all water furnished for use outside the city are at the risk of the outside users and without guarantee by the city.

E. The city reserves the right to act on each application for water service outside the city upon its merits, without regard to any other past or present applicant or service. All group customer lines and individual lines and services outside the city must be satisfactory in all respects to the director of public works or designee and must be operated in accordance with all rules and regulations of the city, now or hereafter adopted, applicable thereto.

F. No interconnection between the city water supply and other water sources will be permitted. All individuals and group customers receiving water service outside the city, from the City of Newberg, will be required to cooperate to a reasonable and practicable extent with other water customers of the city, in the extension or enlargement of common facilities.

G. The city will deem it sufficient cause and reserves the right to discontinue service to any individual or group customer using water outside the city for the following reasons:

1. Failure to pay all bills when due or to report number of customers served.

2. Reselling water outside the group.

3. Failure or refusal to cooperate with the city or other customers.

4. Permitting interconnection in any way with wells or other sources of water.

5. Failure to obey or abide by any of the rules or regulations of the city.

6. Failure to select and notify the city of an individual or agency satisfactory to the city to make the collections and payment hereinabove referred to for a group customer line. [Ord. 1208, 5-5-58. Code 2001 § 52.04.]

Penalty: See NMC 13.15.290.

13.15.045 Water connection procedures.

A. Permit Required. All new construction shall be connected to the city water system. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public water system or appurtenance without first obtaining a written permit from the director. The permit shall specify the location where the connection (or other approved work) shall be made, the manner of making the connection, the name and address of the owner, and the name of the water system installer who will be doing the work. No permit shall be issued unless the water system to which connection is requested has been accepted as a part of the public water system. No permit shall be issued without payment of all appropriate permit, connection, development and inspection fees, including any delinquent assessments against the owner of the property.

B. As set forth in the water distribution system plan, the city has four water service levels. All development applicants shall be required to connect the proposed development site to the service level in which the development site is located. If the development site is located on a boundary line between two service levels the applicant shall be required to connect to the service level with the higher reservoir elevation. The applicant may also be required to install or provide pressure reducing valves to supply appropriate water pressure to the properties in the proposed development site.

C. Design/Construction Standards. Plans for all public water systems shall be reviewed and approved by the director prior to construction. The plans shall conform to the requirements of the public works design and construction standards. All public water system improvements shall be designed by a registered professional engineer. [Ord. 2784 § 8, 9-8-15.]

13.15.050 Water meter required.

A. No water shall be furnished to any person, firm or corporation by the municipal water system of the city, except that the water shall be metered through a meter which, together with the installation of the meter, has been approved by the director of public works or designee of the city; provided, however, that water furnished through standby fire protection service connections, as hereinafter described, shall not be metered unless required by the director of public works or designee. [Ord. 2837 § 1, 7-2-18; Ord. 1337, 11-5-62; Ord. 1040, 10-15-48. Code 2001 § 52.05.]

Penalty: See NMC 13.15.290.

13.15.060 Water rates.

There are levied and imposed upon all users of the water system, both inside and outside the city, just and equitable charges for service, maintenance, operation, debt service, and reconstruction of the water system. The setting of rates may be undertaken in conjunction with the consideration of the wastewater rates. The just and equitable charges shall be fixed by an administrative process as set forth in NMC 2.15.120 et seq. [Ord. 2418, 10-2-95. Code 2001 § 52.06.]

13.15.070 Installation of meters.

Two or more commercial water users situated in the same building may be placed on individual meters or a single meter may be used for the entire building, as desired by the applicant. All installation of meters and city service pipelines hereunder shall be under the supervision of the appropriate official of the city, and shall in any event be done in compliance with all of the ordinances, rules and regulations of the city applicable to the installation. [Ord. 1040, 10-15-48. Code 2001 § 52.07.]

13.15.080 Discontinuance of water service.

The city expressly reserves the right to discontinue furnishing water to any and all water users and consumers outside the corporate limits of the city in the event of water shortage or other public emergency or catastrophe. [Ord. 1040, 10-15-48. Code 2001 § 52.08.]

13.15.090 Collection of water bills.

A. All water rates and charges shall be payable to the city. If any water consumer fails to pay the water bill on or before the due date stated on the bill, the bill shall be deemed delinquent. If the delinquent bill is not paid on or before the due date as stated on the bill, the water shall be turned off from the premises and remain off until the water bill has been paid, including any turn-on charges which are set by city council resolution. Nothing contained in this chapter shall be construed to limit or restrict the right of the city to turn off the water from any premises on account of unpaid water rentals and to keep the same turned off until the delinquent rentals and other incurred charges have been paid in full.

B. Removal or Discontinuance – Notification, Transfer of Unpaid Balance.

1. Any water user subject to the provisions of this chapter who intends to move from the premises at which water or water service is being furnished, or who shall for any reason desire such service discontinued, shall notify the city, specifying the date of such removal or discontinuance. In the event that such notice is not given as herein provided, such water user shall be charged with all water furnished to the premises until the notice is given.

2. If a water customer, residential or other class, discontinues service at one location and fails to pay the final bill, and the customer moves to a new location with city water service, or returns to the city as a new customer, the unpaid balance from the discontinued service shall be transferred to the new account or to their existing residential account. [Ord. 2135, 11-7-83; Ord. 1347, 2-18-63; Ord. 1040, 10-15-48. Code 2001 § 52.09.]

13.15.100 Unlawful acts.

A. Unlawful Turn-Ons. It shall be unlawful for any person, firm or corporation, as owner, tenant or otherwise, to cause the water to be turned on to supply any premises whatsoever if the same shall have been turned off by the city.

B. Unlawful Connections. It shall be unlawful for any person, either as owner, tenant or otherwise, to make any taps or connections to the municipal water system of the city without first having made application as in this chapter provided.

C. Unlawful Extensions. It shall be unlawful for any person, firm or corporation, either as owner, tenant or otherwise, to make any extensions to any other premises from a water system by means of pipe, hose or otherwise, so as to extend and supply the use of water to any premises other than where applied for and authorized by the city.

D. Injury to Water Line or Water Meter. It shall be unlawful for any person in any way to damage, injure or obstruct any water line or any part of the municipal water system, including the water meter, of the city. Any person causing such injury shall pay for the costs of all repairs to the damaged part.

E. Pollution. It shall be unlawful for any person to trespass upon, remove any timber from, construct any road or highway upon or across, blast any rock or other materials upon, pasture any horse, cow, sheep or other animal or animals upon, deposit any putrid, deleterious or offensive substance upon, or hunt upon or deposit any dead animal or bird upon any spring or watercourse from which or by means of which water is furnished to the municipal water system of the city. [Ord. 1040, 10-15-48. Code 2001 § 52.10.]

Penalty: See NMC 13.15.290.

13.15.110 Additional users outside city.

A. Notwithstanding the provisions of this chapter relative to water service to users outside the city limits, no new or additional water connection for the purpose of providing water to a user situated outside the corporate limits of the city shall be permitted, save and except the connections as are in use or are ready for use on or before the last-mentioned date.

B. No new water users shall be connected to group customer lines, and no new single residential users shall be connected after the last-mentioned date, it being the intention of this amendment that the city shall not serve or supply water to any additional users outside the city limits save and except those then in service or ready for service.

C. The words “ready for use” and “ready for service,” as used in this section, shall be taken to mean that the building or structure wherein the water is to be used shall have been constructed up to the point that all framing and roofing and all exterior siding, windows and exterior doors are completed, and all plumbing is roughed in and ready for installation of plumbing fixtures.

D. The city recorder is directed to require the individual, firm or organization in charge of each group customer line outside the corporate limits of the city to file with the recorder a sworn statement setting forth the name and address of each water user served through their respective group customer lines and presently connected therewith.

E. The recorder may require such additional information as the recorder shall see fit to be furnished in connection with the reports. The city recorder shall report to the city council all group customer lines and all responsible individuals who shall not furnish such a statement and report within the time hereinabove required.

F. All additional connections to the group customers’ lines after the effective date of the ordinance codified in this chapter, whether or not in service, shall be promptly reported to the recorder when ready for service. [Ord. 1398, 5-17-65. Code 2001 § 52.11.]

13.15.120 Exceptions due to hardships.

An exception to NMC 13.15.110 may be granted by the city council in cases of hardship. The following process shall be used in determining whether the exception shall be granted, and the criteria shall be strictly applied with the burden of proof upon the applicant:

A. Eligibility. The applicant must meet the following criteria:

1. The new or additional water connection can be used only to supply water to an existing structure and will not be used to allow any new development.

2. Annexation of the property upon which the structure is located is not immediately practical.

B. Hardship Determination. A request for a new or additional water connection due to hardship shall be accompanied by evidence of the following:

1. A genuine hardship exists due to quality and/or quantity of water for domestic consumption.

2. All other alternatives have been investigated and are not economically feasible.

3. The dwelling to be served is in close proximity of existing services, either private or public, and the granting of the additional connection would not overburden existing lines, either private or public, or overburden the city’s water supply.

C. Application for Hardship. A request in letter form for a hardship exception to NMC 13.15.110 shall be made to the city council. The request shall be accompanied by a statement and evidence to be used in the determination. The request shall be reviewed and a recommendation made to the city council by the public works department prior to the city council’s consideration of the matter. A granting of the request for an exception can be made by the city council; provided, that all the conditions stated in subsection (B) of this section do exist.

D. Conditions of Hardship. Any exception granted shall be subject to the following conditions:

1. The owner of the property shall agree to pay the full cost of extending services to the parcel with all services meeting city standards and including all water connection fees and water system development charges.

2. The owner of the subject property agrees to annex to the city at such time as annexation is legally possible and is requested by the city. At the time of annexation, the property owner shall pay all system development charges then in effect, except wastewater, which shall be assessed in accordance with Chapter 13.10 NMC.

3. Water shall be for domestic purposes only and no water granted under this exception shall be permitted for agricultural use.

4. A written agreement as to the conditions under which the exception was granted shall be recorded on the Yamhill County deed records with the applicant paying all fees.

5. The city council may waive all or any portion of the city system development charges as it feels is in the best interest of the city. [Ord. 2666, 3-6-07; Ord. 1912, 7-3-78. Code 2001 § 52.12.]

13.15.130 Water service for public entities inside urban areas and boundaries.

The city council shall have sole authority to grant water service to public entities including, but not limited to, School District 29Jt and Chehalem park and recreation district, for property which is located within the urban growth boundary and/or the urban reserve area of the city. Property to receive service shall be for the public’s use and enjoyment. The city council shall have the authority to require the public entity receiving utility service to comply with any conditions the city council may deem appropriate at the time the water service is granted. [Ord. 2483, 7-7-97. Code 2001 § 52.13.]

13.15.140 Water connections outside city.

A. Additional water connections are allowed to residents outside the city that meet the following conditions:

1. They were in existence as of January 1, 1988, or the property owner had requested a water connection to the property for the purposes of a residence before January 1, 1988, and desires the water connection for the purposes of establishing a residence; and

2. They will be served through a water district; and

3. A new agreement between the water district and the city will be established; and

4. The properties upon which the residences are located agree to annex to the city at the appropriate time and at the request of the city; and

5. The water to be used is for domestic purposes only; and

6. The water district makes a joint application with the property owner on which the residence is located for the new water connection.

B. Each water district that desires any new connections will enter into an appropriate agreement between the water district and the city governing the use, connections and maintenance of the water system. The agreement, among other things, may provide for an engineering study for the water district system to assure that the system complies with OAR Chapter 333, concerning public water systems.

C. All system development charges and other charges as provided for in the ordinances of the city shall be applicable to the new connections; provided, however, that the city manager has authority to waive, reduce, or otherwise change the systems development charge to the water district pursuant to the agreement between the water district and the city; and provided further, that in no event will the agreement provide for service development charges less than the charge for in-city connections.

D. This policy shall be in effect regardless of any conflicting provisions of NMC 13.15.010 through 13.15.130. The purpose of this policy is to facilitate the establishment of proper agreements and policing of connections within the water districts. Any provision of NMC 13.15.010 through 13.15.130 that is in conflict with the water policy shall be deemed to have been repealed. Any provision of the sections which can be read to not be in conflict with the water policy shall be enforced. The city wishes that this policy act as an interim policy to facilitate reaching agreement with the water districts it serves. This matter shall be brought back before the city council within six months of the date of passage for review. [Ord. 2264, 6-20-89; Ord. 2247, 10-3-88. Code 2001 § 52.14.]

13.15.150 Rules and regulations.

A. All rules and regulations herein contained or hereafter adopted by the city council with reference to the use of water from the water system of the city, or the time or manner of payment or appertaining in any way to the water supply of the city or its use, shall apply with equal force, so far as applicable, to all persons, firms or corporations who shall reside inside or outside the corporate limits of the city, except as such rules or regulations shall conflict with the terms of this chapter.

B. The director of public works may develop such other rules and regulations as determined necessary and with the concurrence of the city manager.

C. All customers shall comply with all applicable state and federal regulations. [Ord. 1040, 10-15-48. Code 2001 § 52.15.]

Penalty: See NMC 13.15.290.

Article II. Cross-Connections

13.15.160 Purpose and scope.

The purpose of this article is to protect the public health of water consumers by the control of actual and/or potential cross-connections to customers. [Ord. 2146, 7-9-84. Code 2001 § 52.30.]

13.15.170 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Backflow” means the undesirable reversal of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources.

“Backflow prevention device (approved)” means a device that has been investigated and approved by the regulatory agency having jurisdiction. The approval of backflow prevention devices by the regulatory agency should be on the basis of a favorable laboratory and field evaluation report by an “approved testing laboratory” recommending the approval.

“Backflow prevention device (type)” means any approved device used to prevent backflow into a potable water system. The type of device used should be based on the degree of hazard, either existing or potential.

“Contamination” means the entry into or presence in a public water supply of any substance which may be deleterious to health and/or quality of the water.

“Cross-connection” means any unprotected actual or potential connection or structural arrangement between a public or a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.

“Director” means the director of public works of the City of Newberg or designee.

“Hazard, degree of” shall be derived from the evaluation of a health, system, plumbing or pollutional hazard.

“Hazard, health” means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.

“Hazard, plumbing” means an internal or plumbing type cross-connection in a consumer’s potable water system that may be either a pollutional or a contamination-type hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling systems. Plumbing-type cross-connections can be located in many types of structures including homes, apartment houses, hotels, and commercial or industrial establishments.

“Hazard, pollutional” means an actual or potential threat of severe danger to the physical properties of the public or consumer’s potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

“Health Division Officer” means the Oregon State Health Division Officer, or authorized agent.

“Potable water supply” means any system of water supply intended or used for human consumption or other domestic use. [Ord. 2146, 7-9-84. Code 2001 § 52.31.]

13.15.180 Cross-connections.

The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply system of the city shall be unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is declared to be a public hazard and the same shall be abated. The control or elimination of cross-connections shall be in accordance with this chapter and in compliance with OAR Chapter 333, Public Water Systems. The director shall have the authority to establish requirements more stringent than state regulations if the director deems that the conditions so dictate. The city shall adopt rules and regulations as necessary to carry out the provisions of this chapter. The director is authorized to enforce the provisions of this chapter in the inspection of existing, new and remodeled buildings. [Ord. 2146, 7-9-84. Code 2001 § 52.32.]

Penalty: See NMC 13.15.290.

13.15.190 Use of backflow prevention devices.

A. No water service connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by state law and regulation and this chapter. Service of water to any premises shall be discontinued by the city if a backflow prevention device required by this chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until the conditions or defects are corrected.

B. The customer’s system should be open for inspection and testing at all reasonable times to authorized representatives of the city to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the director shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with the state and city statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.

C. An approved backflow prevention device shall also be installed on each service line to a customer’s water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.

D. Backflow prevention devices shall be installed under circumstances including, but not limited to, the following:

1. Premises having an auxiliary water supply.

2. Premises having cross-connections that are not correctable, or intricate planning arrangements which make it impractical to ascertain whether or not cross-connections exist.

3. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.

4. Premises having a history of cross-connections being established or reestablished.

5. Premises on which a substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.

6. Premises where materials of a toxic or hazardous nature are handled in such a way that if back siphonage should occur, a serious health hazard might result.

7. The following types of facilities will fall into one of the above categories where a backflow prevention device is required to protect the public water supply. A backflow prevention device shall be installed at these facilities unless the city determines that no hazard exists:

a. Hospitals, mortuaries, clinics;

b. Laboratories;

c. Metal plating industries;

d. Piers and docks;

e. Wastewater treatment plants;

f. Food or beverage processing plants;

g. Chemical plants using a water process;

h. Petroleum processing or storage plants;

i. Radioactive material processing plants or nuclear reactors;

j. Facilities with fire service lines as specified by the Oregon State Health Division;

k. Other facilities which require cross-connection control through the use of backflow prevention devices as required by this chapter and OAR Chapter 333, Public Water Systems;

l. Water districts;

m. Water customers outside the city limits.

E. The type of protection device required shall depend on the degree of hazard which exists:

1. An air-gap separation or a reduced-pressure-principle backflow prevention device shall be installed where the public water supply may be contaminated with wastewater, industrial waste of a toxic nature, or other contaminant which could cause a health or system hazard.

2. In the case of a substance which may be objectionable but not hazardous to health, a double check valve assembly, air-gap separation, or a reduced-pressure-principle backflow prevention device shall be installed.

F. Backflow prevention devices required by this chapter shall be installed under the supervision, and with the approval, of the city.

G. Any protective device required by this chapter shall be approved by the director.

H. These devices shall be furnished and installed by and at the expense of a customer.

I. Inspections and Tests.

1. It shall be the duty of the customer-user at any premises where backflow prevention devices are installed, except as noted below for residential tests, to have certified inspections and operational tests made at least once per year. In those instances where the director deems the hazard to be great enough the director may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by a certified tester approved by the director. It shall be the duty of the director to see that these timely tests are made. The customer-user shall notify the director in advance when the tests are to be undertaken so that the director or representative may witness the tests, if so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever the devices are found to be defective. Records of the tests, repairs and overhaul shall be kept and copies sent to the director.

2. Residential tests shall be necessary on an annual basis if:

a. There is an existing well on the property.

b. A booster pump is needed to provide pressure to a residence.

c. The director determines conditions warrant an annual inspection.

J. No underground sprinkling device will be installed without adequate backflow prevention devices.

K. Failure of the customer to cooperate in the installation, maintenance, testing or inspection of backflow prevention devices required by this chapter or by state law shall be grounds for the termination of water service to the premises.

L. Fill at approved site after receiving hydrant permit and only from city-provided hydrant meters. Responsible persons taking out a hydrant meter permit shall also certify that the truck has an air gap or check valve installed on the truck to prevent any potential cross-connection prior to receipt of the hydrant meter use permit.

1. No water shall be delivered to any structure hereafter built within the City of Newberg or within areas served by city water until the same shall have been inspected by the city for possible cross-connections and have been found free of same and approved.

2. Any construction for industrial or other purposes which is classified as hazardous facilities where it is reasonable to anticipate intermittent cross-connections, or as determined by the director, shall be protected by the installation of one or more backflow prevention devices at the point of service from the public water supply or any other location designated by the city.

3. Inspections shall be made at the discretion of the director of all buildings, structures, or improvements for the purpose of ascertaining whether cross-connections exist. The inspections shall be made by the city. [Ord. 2146, 7-9-84. Code 2001 § 52.33.]

Penalty: See NMC 13.15.290.

Cross-reference: See ORS 537.460 pertaining to water conservation and ORS 448.131 pertaining to water quality. Also, see Chapter 46B of Title 36 ORS generally.

13.15.200 Liability.

This chapter shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or testing herein, or the failure to inspect or test or by reason of approval of any cross-connections. [Ord. 2146, 7-9-84. Code 2001 § 52.34.]

Article III. Water Emergencies

13.15.210 Application of regulations.

The provisions of this article shall apply to all persons using water both in and outside the city regardless of whether any person using water shall have a contract for water service with the city. [Ord. 2495, 5-18-98. Code 2001 § 52.45.]

13.15.220 Conservation policy.

The policy of the city is to encourage water conservation, which is the careful preservation and planned management of the city’s water supply in order to preserve the resource. This means careful use of water in order to protect the city’s water resources without creating an undo hardship on water users. Implementation of this policy shall include the following actions:

A. The city shall establish a water conservation program and periodically increase public awareness of the benefits of water conservation, including encouraging some or all of the following conservation measures on water use:

1. Landscape sprinkling for each landscaped area (i.e., sprinkler zone) shall be limited to 20 minutes per day. This requirement is waived for new landscaping within 180 days of occupancy of a facility.

2. No landscape sprinkling shall be allowed between 9:00 a.m. and 5:00 p.m. if the outside temperature exceeds 80 degrees Fahrenheit. This requirement is waived for new landscaping within 180 days of occupancy of a facility.

3. Residential and commercial landscape sprinkling on an alternate-day basis is encouraged. Even-numbered addresses may water on even-numbered days and odd-numbered addresses on odd-numbered days.

4. All water use with a hand-held hose is exempt from restrictions; however, water users are encouraged to monitor hand-held hose use.

5. All new construction and all repair and/or replacement of fixtures shall comply with the energy conservation provisions of the Oregon Specialty Codes.

B. The city shall actively educate the city utility water users on conservation through an ongoing water conservation education program.

C. The city manager or a designee shall annually establish a definitive conservation program with the major irrigation water users (based on summer water use), to include an alternate-day irrigation schedule and a compliance monitoring program. Water audits will be encouraged.

D. The city shall continue the ongoing water conservation efforts, including water line leak detection and repair, replacement of deteriorating pipe, and replacement/repair of older and under-registering water meters, providing water users with educational materials, and connecting lines which are dead end lines in order to increase water circulation in the system. [Ord. 2495, 5-18-98. Code 2001 § 52.46.]

Penalty: See NMC 13.15.290.

13.15.230 Curtailment policy.

A. The policy of the city is to curtail water use during drought conditions to ensure that the city has adequate fire flow and supply for essential service requirements. The purpose of this section is to curtail water use during times of critical water shortages due to severe droughts, reduction in treatment or pumping capability, equipment malfunctions, or other emergency situations where there may be an insufficient water supply. The mayor or city manager is empowered to declare a water crisis state of emergency if, in the opinion of the mayor or city manager, the adequacy of the water supply for the city is sufficiently endangered to create a risk of danger to the health, safety and welfare of the people of the city.

B. Implementation of this policy shall include the following actions and such other actions as are deemed to be necessary subject to the judgement of the mayor or city manager:

1. The city shall restrict water use by all customer classes by using some or all of the following methods subject to the severity of the water shortage as determined by the city manager or a designee, and subject to the approval of the mayor or city manager and notification as provided for in NMC 13.15.250.

2. Curtailing water use shall include some or all of the following activities:

a. Sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation. On request, the public works director may approve exceptions for new landscaping that previously has been planted, but not established.

b. Washing automobiles, trucks, trailers, trailer houses, motorbikes, boats, or any other type of mobile equipment.

c. Washing sidewalks, driveways, parking lots, tennis courts, filling station aprons, porches and other hard surface areas.

d. Washing the exteriors of dwellings; washing the exteriors or interiors of office buildings.

e. Operating any ornamental fountain, scenic or recreational pond or lake or other structure using water similarly, except for the minimum quantity necessary to support fish life.

f. Filling, refilling or adding water to any swimming or wading pool or hot tub not employing a filter and recirculating system nor evaporation covers, except where the use of the pool or hot tub is required by a doctor.

g. Permitting the escape of water through defective plumbing.

h. Using water for construction projects.

i. Serving customers water in a restaurant unless requested. [Ord. 2495, 5-18-98. Code 2001 § 52.47.]

Penalty: See NMC 13.15.290.

13.15.240 Emergency powers.

As provided in this chapter, the city expressly reserves the right to discontinue furnishing water to any and all water users, and consumers outside the corporate limits of the city, in the event of water shortage or other public emergency or catastrophe. Any water-saving measures that in the opinion of the mayor or city manager are reasonable and necessary to protect the health, safety and welfare of the people of the city may be implemented to address the emergency. These measures shall be in writing, and shall state the effective time and date of the measure. [Ord. 2495, 5-18-98. Code 2001 § 52.48.]

13.15.250 Notification.

A. If a water shortage is anticipated to occur or actually occurs, the public works director or designee shall inform the mayor or city manager when water consumption exceeds production and available water storage is approaching the minimum quantity required by the city to meet fire protection and other essential demands.

B. Upon notification, the mayor or city manager shall see that the following actions are taken:

1. On receipt of this notification, the mayor or city manager may impose the water curtailment measures deemed necessary to address the situation pursuant to NMC 13.15.230, effective immediately or at the date and time indicated in the notice. The water curtailment measures shall be in writing and prepared for general release to the city water utility customers, city council and other interested parties.

2. Notification in accordance with this article shall then commence as follows:

a. The mayor or city manager, or a designee, shall notify each city council member by telephone, with a written statement to follow, or in writing, of the curtailment measures within six hours.

b. The curtailment measures shall be publicly announced by any means reasonably necessary to give notice to the city water utility customers.

3. Each announcement shall state the action taken by the mayor or city manager, including the time the curtailment measures became or will become effective and the announcement shall specify the particular curtailment measures to be imposed. Any water user aggrieved by the proposed curtailment shall immediately, upon notice, contact the mayor or city manager to discuss and resolve the grievance.

4. Whenever the mayor or city manager finds that the conditions which gave rise to the water curtailment measures no longer exist, the mayor or city manager may declare the curtailment measures terminated in whole or in part, effective immediately on announcement. The announcement shall be in writing. The mayor or city manager shall notify the city council pursuant to this article and take whatever actions are necessary to give notice to the city water utility customers. [Ord. 2495, 5-18-98. Code 2001 § 52.49.]

13.15.260 Exception to maintain sanitation.

The city public works director or a designee, after written notice to the mayor or city manager, shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health, safety and sanitation standards. [Ord. 2495, 5-18-98. Code 2001 § 52.50.]

13.15.270 Length of the curtailment measures.

The length of curtailment measures established by the mayor or city manager shall remain in effect until terminated by announcement of the mayor or city manager in accordance with this article. [Ord. 2495, 5-18-98. Code 2001 § 52.51.]

13.15.280 Authority of officer.

Any police officer or other employee of the city may enter upon the premises of any person for the purpose of reducing the flow of any water used contrary to the provisions of this article, providing that the measures shall not be taken until the following have occurred:

A. The person in violation has been cited once for a violation of this article.

B. The person has had served upon them written notice to cease and desist any further violation of any measures imposed under this article. [Ord. 2495, 5-18-98. Code 2001 § 52.52.]

Article IV. Penalty

13.15.290 Penalty.

A. Any person, firm or corporation or any agent or employee of any person, firm or corporation violating the provisions of NMC 13.15.010 through 13.15.200 shall have committed a city Class 2 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. Each day of continuing violation shall constitute a separate offense.

B. Violation of a duly written and noticed water curtailment measure or NMC 13.15.210 et seq. shall be a city Class 3 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. Each day in which any such violation shall continue shall be deemed a separate offense. [Ord. 2553, 1-7-02; Ord. 2495, 5-18-98; Ord. 2163, 4-1-85; Ord. 2146, 7-9-84; Ord. 1040, 10-15-48. Code 2001 § 52.99.]