Chapter 13.05 WATER AND SEWERS

All structures located within the town limits utilized for human habitation or in which any plumbing apparatus is installed shall be connected to the town water and sewer system; provided, however, the town superintendent may waive the requirement of connecting to the town sewer system if:

(1) The distance between the town sewer service line and any boundary of the premises on which the structure to be served by plumbing is greater than 200 feet; and

(2) The town superintendent determines, in his discretion, that subject to review by the town council of such discretion, that the expense of constructing and extension to the town sewer service line to serve the premises would be an unreasonable burden; or

(3) The town shall waive the monthly sewer charge if a landowner or occupant has more than one residence, and the additional residence is not habitual. Plugging or sealing the plumbing to render the lines useless shall be required. An inspection by the town superintendent shall be required and an inspection fee and hookup fee will be charged when the landowner or occupant requests the plumbing be disconnected or reconnected; and

(4) Pursuant to CDMC 13.05.190, the town shall make an exception when landowners or occupants are away for a period of one month or longer. (Ord. 455 § 1, 1994)

13.05.020 Uniform rate structure.

The rates charged for utilities shall be uniform and shall be established by each meter size servicing premises. (Ord. 577 § 1, 2002; Ord. 455 § 2, 1994)

13.05.030 Connections.

The connection for water/sewer service shall be made at the landowner’s property line at a point designated by the town superintendent. At landowner’s expense, the connections to the town water system and to the town sewer shall be made in a permanent, sanitary manner by either the town’s public works department or by a licensed, bonded, and insured contractor approved and subject to the supervision of the town superintendent. Water and sewer lines located on the landowner’s property shall be installed and maintained by the landowner.

(1) Water: curb stops and valve cans at property line shall have a minimum depth of four feet.

(2) Sewer: clean outs are required on all new buildings and are to be located at the property line. (Ord. 771 § 1, 2019; Ord. 455 § 3, 1994)

13.05.040 Cross connection (backflow valves).

At landowner’s expense the town superintendent may require, as a post- or precondition, the installation of a “clean out” and/or “backflow valve” which is defined as a valve inserted in the water or sewer line which prevents a liquid from flowing in more than one direction and must be an approved backflow device. Superintendent is required to assess all existing connections on a case-by-case basis, including, but not limited to, requests made by landowner. (Ord. 771 § 2, 2019; Ord. 455 § 4, 1994)

13.05.050 Connection applications.

All applications for new connections, abandonment or changes to existing connections to the town water/sewer system must be made at the Town Hall. The fees are as follows:

(1) A connection fee, established as set forth in CDMC 13.05.150, shall be required of all applicants. All utility services will be installed to the current approved standards and will be at the applicant’s expense. Applicant will disclose project plans, and the name of the contractor doing the work. The additional actual cost shall be established by the town superintendent, and shall be based on estimated labor, equipment and material costs reasonably necessary to bring the water or sewer line from the main to the applicant’s property line.

(2) The town superintendent shall provide to the applicant within 30 days the proposed fee to complete the applicant’s request.

(3) The applicant, prior to start of construction, shall deposit with the town clerk-treasurer the entire fee.

(4) Upon completion of construction, actual cost will be determined by the town superintendent and an appropriate adjustment will be made. Applicant will be required to pay any additional charges assessed.

(5) Landowners with existing connections, qualifying as low income, may request financing options. (Ord. 771 § 3, 2019; Ord. 689 § 1, 2011; Ord. 577 § 2, 2002; Ord. 455 § 5, 1994)

13.05.060 Cost of extension of town services.

The following provisions shall govern extensions of the town’s water and sewer system and substantial development requiring modifications to the existing system:

(1) In the event an application for town utilities is made and the town service connection requires significant extension of the town water/sewer service lines, the applicant shall be given a written estimate by the town superintendent of the cost thereof. The applicant must deposit with the town clerk at least 50 percent of the estimated cost of construction for extending service before the town will commence construction. The applicant shall bear the entire cost of extending town service to the property, unless the town enters into a cost share agreement.

Cost share agreements may be entered into by any number of applicants and the town. The town council shall afford the applicant a hearing on the request for cost sharing and the council shall consider among other relevant factors, the following:

(a) The type of development, whether industrial, commercial, retail, residential or other;

(b) The probability that future development will be benefited by the extension;

(d) The availability and feasibility of creating a separate taxing district under Chapter 35.43 RCW or any other authority therefor;

(e) The location of prospective improvements and their integration into the town’s utility system.

(2) The town council and the town planning commission shall consider the cost of improving the town’s utility system to serve the needs of any party making application for building permit subdivision or short plat. The town superintendent shall report to the town council and town planning commission whenever any such application is made and advise as to the effect on the town utilities system. (Ord. 455 § 6, 1994)

13.05.070 Curb stops and/or water meter(s).

Each water service connection shall be with a curb stop(s) and/or water meter(s). Curb stop(s) and/or water meter(s) shall be installed following the provisions in CDMC 13.05.050 and 13.05.080. Curb stop(s) and/or water meter(s) shall be maintained by the town and within the town’s exclusive control. A curb stop or meter shall be required for each residential dwelling unit or business premises; provided, however, the following multi-use structures may be served by a single curb stop or meter:

(1) Apartment complexes under common ownership;

(2) Motels and hotels under common ownership;

(3) Business premises with two or more separated business proprietorships, enterprises, organizations or activities being conducted on the premises; provided, however, that each business operator have access to common restroom facilities;

(4) Mobile home or RV parks. (Ord. 771 § 4, 2019; Ord. 455 § 7, 1994)

13.05.080 Defective meter(s).

In the event a meter fails to register accurately, the consumer shall be charged at the average monthly consumption for the same month in the previous three years. In the event there is no prior water use experience, the town clerk shall establish the charge based on water usage of similar sized premises for the same month. In the event a meter is damaged due to the fault or negligence of the landowner, occupant or agent of either the landowner or occupant, the town shall repair the meter and the cost thereof shall be added to the following billing statement for utility service. (Ord. 455 § 8, 1994)

13.05.090 Meter reading.

Each landowner or occupant shall permit unencumbered entry by town employees upon any premises served by town utilities for the purpose of reading and inspecting water meter(s). It shall be unlawful for a landowner to do or permit any of the following conditions to exist:

(1) Any obstruction which prevents meter reading;

(2) Any dog or dangerous animal which may threaten town personnel;

(3) Any dangerous or unsanitary condition which impedes meter reading. (Ord. 455 § 9, 1994)

13.05.100 Prohibitive practices – Civil penalty.

The following acts or conduct are hereby declared to be a civil infraction:

(1) Any violation of CDMC 13.05.090;

(2) Water.

(a) Intentional or negligent damage or tampering with a town curb stop and or meter;

(b) Any cross connection. For purposes of this chapter, a cross connection shall be defined as: “Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any nonpotable or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, liquid, gases, sewage, or other waste, of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary, permanent or potential connections through which, or because of which, backflow could occur, are considered to be cross connections;”

(c) The intentional or negligent damaging, tampering or interference with any fire hydrant, stop valve, stopcock or service pipe.

(3) Sewer.

(a) To permit petroleum products, grease, oil, hazardous chemicals, pesticides or any hazardous or noxious substance to enter into the sewer system;

(b) To live in or permit the occupancy of any building in the town without the premises being connected to the sewer system with at least cold running water installed in said premises, or, after water service shall have been terminated for nonpayment of charges therefor, to continue to occupy or suffer the occupancy of such premises;

(c) No person shall waste water or allow water to be wasted by allowing any faucet, valve or pipe to run open serving no useful purpose or allow water to be wasted by imperfect or leaking stops, valves, pipes, faucets or other fixture or allowing water to run on town streets;

(d) Permit a material or liquid to enter the sewer system with a pH lower than 5.0 or higher than 9.0, or have any other corrosive property capable of causing damage or hazard to structures, equipment and personnel;

(e) Would obstruct the flow in the sewer system or interfere with the treatment works operation;

(f) Would increase the temperature of the wastewater entering the treatment works to above 104° F (40° C);

(g) Contain a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard in the receiving waters of the sewage treatment plant;

(h) That contain any noxious or malodorous gas or substance capable of creating a public nuisance;

(i) Would upset the treatment process or cause violation of the town’s waste discharge permit.

(4) Water and/or Sewer.

(a) Failure or refusal to comply with directives of the town superintendent relating to the uses, operation, construction, repair or condition of water or sewer facilities on the user’s premises.

Violation of this section shall constitute a civil infraction, punishable by a penalty not to exceed $500.00. (Ord. 455 § 10, 1994)

13.05.110 Limitation on service.

Water and sewer service is limited to the type of use for which the rate payer is billed by the town. It shall be unlawful for a landowner or occupant to provide water or sewer service to any other premises than those premises for which water and sewer service is billed by the town. It shall also be unlawful for a landowner or occupant to expand or increase use of town services on the premises without giving written notice to the town clerk or town superintendent of such expanded or additional use of such town utilities. Without limiting the broad application of the foregoing, the following are expressly declared to be unlawful:

(1) The installation, construction or use of any hose, pipe or conduit to provide water from the premises using curb stops or metered for town utilities to a premises not having a curb stop or metered for town utilities or at which water service has been terminated;

(2) The conduct of any substantial business enterprise upon premises served by town water and billed at residential rates;

(3) The use of curb stop or metered business premises for residential premises when such premises are billed solely for such business utility use. (Ord. 455 § 11, 1994)

13.05.120 Reservation of powers.

The town hereby declares its reservation of the following powers:

(1) To terminate water service, without notice, for the purpose of effecting repairs, extensions, maintenance, inspections or for any other purpose consistent with the operation of the water system;

(2) To terminate water service for nonpayment of user fees consistent with the provisions recited below;

(3) To enter upon private property for the purpose of maintaining, repairing or inspecting the apparatus utilized in the provision of water and sewer service or for the purpose of enforcing any law relating to water or sewer service;

(4) To exercise all powers consistent with and in furtherance of the operation of a municipal water and sewer system, and in compliance with state law. (Ord. 455 § 12, 1994)

13.05.130 Lawn sprinkler specifications.

(1) A lawn sprinkler system connected to a domestic, or commercial connection shall be equipped with a vacuum breaker placed between the sprinkler stop and waste valve and the first sprinkler outlet. The approved vacuum breaker shall be placed at a height as provided in the applicable town plumbing code. The stop and waste valve and vacuum breaker shall be in the sprinkler line after it branches from the water service pipe or the building plumbing and that the system shall be inspected by an authorized town employee.

(2) The stop and waste valve for a lawn sprinkler system shall be at the same depth as the water service pipe, however, the lawn system proper may be laid to a lesser depth at the option of the owner.

(3) Such additional stop and waste valves as are required to properly drain the sprinkler piping, shall also be installed.

(4) Water service may be refused on existing lawn sprinkler systems which are not equipped with a stop and waste valve and an approved vacuum system.

(5) The applicant shall be subject to an inspection fee(s) charge. (Ord. 455 § 13, 1994)

13.05.140 Fire protection service.

(1) A water service connection to be used solely for fire protection purposes may be installed, servicing any premises, subject to the provisions of this section.

(2) Fire protection systems shall be provided in accordance with National Fire Protection Association Guidelines.

(3) A plan of the proposed required fire protection system showing the general installation detail shall be required and shall be approved by the superintendent and the fire chief prior to construction.

(4) Service of more than one premises by the fire service shall not be permitted.

(5) Fire protection systems shall be installed and maintained by the customer in a manner approved by the department and system shall contain an approved, tested back flow prevention device.

(6) Fire protection systems shall be installed with a detection check meter of a size and type approved by the department.

(7) Indications of unauthorized use of water through a detector check meter more than once per calendar year shall be cause for installation of a fire line meter at the expense of the customer.

(8) Delinquency in payment of expense for fire protection service or failure of the customer to make changes in meter installation as herein provided, after reasonable notice from the department, shall be sufficient cause for filing a lien on the property and/or discontinuance of the service.

(9) The applicant shall be subject to an inspection fee(s) charge. (Ord. 455 § 14, 1994)

13.05.150 Rates.

All rates or rate changes for water and sewer service or for other services, connections, assessments or any other charges called for under this chapter shall be established by ordinance or resolution of the town council. (Ord. 577 § 3, 2002; Ord. 455 § 15, 1994)

13.05.160 Rate changes.

Repealed by Ord. 577. (Ord. 455 § 16, 1994)

13.05.170 Deposits – Refunds.

(1) Each landowner or occupant shall deposit with the town of Coulee Dam the sum of $75.00 and business users $100.00 as a security deposit to be retained by the utility office. Upon discontinuance of service said sum shall be refunded to the user provided there is no delinquency on the user’s account, in which event said sum shall be applied to the amount owing. Customers who establish 12 consecutive months of service with the town and have maintained an acceptable credit record shall have the deposit refunded. Deposits shall not earn interest. Pursuant to CDMC 13.05.220, landowners or occupants that have been refunded their deposit, and then are listed on the termination notice, the town shall require a new deposit after termination of services after two or more times in a 12-month period.

(2) Residential property owners who live in town and establish a new commercial business(es), and have established good credit at their current residence for a period of not less than five years, may not be required to pay a water deposit after review of their residential water account by the town clerk-treasurer or his/her designee.

(3) Current business owners who have paid a water deposit and have established five years’ good credit as a residential owner, shall have their deposit refunded. (Ord. 584 § 1, 2003; Ord. 472 § 1, 1996; Ord. 455 § 17, 1994)

13.05.180 Low-income senior and disabled residents’ discount.

(1) Utility Discount Established. Low-income senior and disabled residents who qualify under this section shall receive a discount of 18 percent from regular utility bills issued by the town of Coulee Dam.

(2) Financial Requirements. Low income shall be determined according to family size, and the low income levels guidelines determined annually by the Washington State Department of Community, Trade and Economic Development (CTED).

(3) Definitions of Eligible Seniors and Disabled Persons.

(a) Senior Citizen. As defined in RCW 74.38.070, a “senior citizen” for purposes of eligibility for discount is an individual 62 years of age or older.

(b) Disabled. For purposes of eligibility for this discount, a “disabled” person is an individual who receives disability income.

(4) Applying for Discount.

(a) Complete discount application, indicating the account holder’s name, address, phone number and utility account number, the number of people in the household and the total household income for the most recently completed calendar year, or for the most recently completed three calendar months.

(b) Provide verification of household income and address:

(i) Acceptable Income Verification. Most recent income tax return. If no income tax return is available, copies of all income sources must be provided including disability or pension notice of benefits, copies of disability or pension checks for the period reported, and copy of previous year W-2 earnings forms.

(ii) Address Verification. Address shown on the information provided for income verification, if the same as service address, or address shown on a current bill to the applicant from a nontown source.

(5) Application Approval or Denial Notice. The town shall provide to the applicant within 30 days of application a written notice of approval or denial of the application for discount. A denial notice shall include the reason(s) for such denial.

(6) Effective Date of Discount. Discounted utility rates shall become effective with the first billing cycle following approval of an application.

(7) Term of Discount. Discounts are effective through the end of the first full calendar year following initial determination of qualification. After this time, residents must reapply and requalify for continued discount.

Each year, between December 1st of the ending qualified year and March 1st of the new year, residents receiving a senior or disabled discount must reapply and requalify financially for a discount. Those who fail to requalify will cease to receive a rate discount, effective with the utility billing at the end of March in the new year. (Ord. 769 §§ 1 – 7, 2018; Ord. 756 §§ 1 – 7, 2018; Ord. 755 §§ 1 – 7, 2017; Ord. 526 §§ 1 – 7, 2000)

13.05.190 Discontinuance of service.

(1) Property owners may request discontinuance of utility services for a period of one month or longer or temporarily for reasons such as repairs. The property owner shall be required to sign a written consent form before the service will be disconnected or reconnected, plus remit a disconnect and reconnect fee as established in CDMC 13.15.060 either in person at the Town Hall, 300 Lincoln, 99116, or by mail prior to utility services being disconnected or reconnected.

(2) Property owners who discontinue water and wastewater services must continue to pay the monthly standby rate for each of these utility services as per the current established rate schedule in order to preserve entitlement to a water and wastewater connection. Failure to pay these standby rates will result in the owner being required to reestablish connection services as per CDMC 13.05.050.

(3) Property owners’ secondary water meters used for irrigation purposes only and which do not service any structures will not be required to pay standby rates when water service is discontinued. (Ord. 693 § 1, 2011; Ord. 689 § 2, 2011; Ord. 640 § 1, 2006; Ord. 455 § 19, 1994)

13.05.200 Billing procedures.

Repealed by Ord. 540. (Ord. 455 § 20, 1994)

13.05.210 Termination of service.

The town may also terminate service for violation of this chapter by the owner or the occupant. Termination of service for violation of this chapter shall not constitute an election of remedies by the town and the town may proceed to prosecute the owner or occupant for a civil infraction, in addition to such termination. Termination for a violation of this chapter shall be subject to the following procedures:

(1) In the event the town superintendent determines that service must be immediately terminated to protect the public health or to prevent imminent damage to persons or property, no notice need be given to the owner or occupant;

(2) In all other cases, the owner or occupant shall be given written notice no less than 24 hours before the date and time of termination, which notice shall be posted or affixed in a conspicuous place on the premises. Such notice shall include a description of the violation, a description of the curative action necessary to avoid such termination and the date and time on which utility services will be terminated;

(3) Any person aggrieved by the termination of service shall be afforded a public hearing before the town council upon written request therefore submitted to the town clerk. The hearing on the complaint shall be held at the next regularly scheduled council meeting;

(4) To terminate water service after landowner or occupant has received a suspension notice, and paid with an NSF check. (Ord. 540 § 1, 2000; Ord. 455 § 21, 1994)

13.05.220 Re-establishment of services.

Repealed by Ord. 689. (Ord. 540 § 1, 2000; Ord. 455 § 22, 1994)

13.05.230 Returned check.

If a check for utility charges fails to clear the bank for any reason not the fault of the town, there shall be assessed and added to the subject utility account an additional charge of $25.00 to cover the town’s reasonable cost and expense of handling and processing said check. (Only one returned check charge will be assessed per utility account for a returned check).

Additionally, after receiving any such check, the town shall not accept checks from that particular individual or business and shall insist on the payment of all utility charges by cash, cashier’s check, certified check or money order. This policy pertaining to a particular individual may be reassessed by the town clerk or utility clerk after having been in effect for a period of 12 months. (Ord. 455 § 23, 1994)

13.05.240 Service outside town limits.

No future connections shall be made outside the town limits of Coulee Dam, except in compliance with this section.

(1) The town superintendent shall prepare and file with the town clerk a plan for the connection of future town utility users outside the town limits. Such plan shall designate the areas adjoining the town, but outside the town limits, which are eligible for connection to the town water or sewer system. The town superintendent is directed to consider, in his construction of the plan, future development both inside and outside the town limits, the priority of providing adequate utility services to residents within the town limits, type of anticipated uses outside the town limits and the adequacy of the system to provide for those uses. The town superintendent’s plan may limit the type of utility services to be provided out-of-town users, and may restrict connections to certain areas outside the town limits, or eliminate future connections all together. The town superintendent shall review and update the plan on an annual basis.

(2) No future utility connection shall be made outside the town limits without first obtaining the certification of the town superintendent that such connection will comply with the aforementioned plan.

(3) Prior to making the connection outside the town limits, the owner and/or occupant of the premises to be served by town utilities shall execute and deliver to the town the following instrument:

OUTSIDE UTILITY AGREEMENT

THE UNDERSIGNED, being the owners and/or occupants of the following described property within __________ County, Washington, to-wit:

has (have) applied to the town of Coulee Dam, Washington for town domestic water and/or sewer service for said property, and in consideration of the furnishing of such services, the undersigned does hereby promise and agree as follows:

(a) The undersigned will pay, when due, to the town of Coulee Dam, all connection charges, service charges, future local improvement district charges, if any, and any and all other charges and fees required by law to be paid for the service hereby applied for.

(b) The undersigned promises (promise) and agrees (agree) to execute and deliver all notices, petitions and any other documents requested at any time by the town of Coulee Dam leading to the annexation to the town of Coulee Dam of the property affected by this agreement, and will actively promote and participate in any such annexation proceedings; and that the undersigned will not protest the future formation of any local improvement district for domestic water and/or sewer for any district which includes the property affected by this agreement.

(c) The undersigned further agrees to perform and otherwise comply with all ordinances, resolutions, regulations, requirements, restrictions and laws governing such utility service and, without limiting the foregoing, to be bound by and subject to the water/sewer ordinances of Coulee Dam, Washington. particularly with respect to the assessment of penalties for violation thereof.

(d) The undersigned acknowledges the provision of water/sewer service to the premises is limited to the current use applied for by the undersigned applicant. No expansion of such use shall be made by the undersigned or the successors of the undersigned, without the express, written approval of the town of Coulee Dam. The future subdivision, segregation, development or sale of the property shall not create a right to additional or expanded town utility services.

(e) This agreement shall be binding upon all successors in title to the aforementioned premises and shall constitute a covenant running with the land.

Dated this _____ day of ___________, _____ (year).

_____________________ Applicant

STATE OF WASHINGTON )

) ss.

COUNTY OF )

On this day personally appeared before me ________________________ to me known to be the individual(s) in and who executed the within and foregoing instrument and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.

GIVEN under my hand and official seal this ____ day of __________, ______ (year).

_______________________ Notary Public in and for the State of Washington residing at ______________________.

(4) Until such time as the town superintendent shall prepare and file with the town clerk his plan for connection of town utility users outside the town limits (subsection (1) of this section), any applications for connections outside the town limits shall be referred to the town council for approval. (Ord. 455 § 24, 1994)

13.05.250 Liens.

All charges for water and sewer service, connections therefor and other charges authorized by this chapter, together with penalties and interest, shall be a lien upon the property upon which such connection is made, water and sewer service is rendered, or other services rendered, superior to all other liens and encumbrances, except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same. (Ord. 455 § 25, 1994)

13.05.260 Owner of rental properties’ responsibilities.

The owner of property, including rental properties, is responsible for payment of any and all utility charges provided to such property/properties. Billing will be made to the tenant if requested in writing. If a tenant incurs a past due account balance, both the tenant and the landowner will receive a delinquency notice. If the account becomes delinquent or the tenant does not pay a closing bill, the billing charges become the responsibility of the property owner for payment. (Ord. 577 § 5, 2002)