Chapter 13.06 CROSS CONNECTION CONTROL

The purpose of this chapter is to protect the public water system from contamination or pollution due to any existing or potential cross connections as defined in WAC 246-290-010, as amended by this chapter. The purveyor shall ensure that cross connections between the distribution system and a customer’s premises are eliminated or protected against by the installation of an approved air gap or approved backflow prevention assembly. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.020 Definitions.

Except where specifically designated herein, all words used in this document shall carry their customary meanings. Words used in the present tense include the future and plural words include the singular. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a decision. Any definition not found in this section will take its meaning from the WAC (Chapter 246-290 WAC), or as amended.

“Air gap” means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or nonpressure-receiving vessel. To be an “approved air gap,” the separation must be at least twice the diameter of the inlet piping (supply pipe) measured vertically, and never be less than one inch.

“Approved backflow prevention assembly” or “backflow assembly” or “assembly” means an assembly to counteract back pressures or prevent back siphonage. This assembly must appear on the list of approved assemblies issued by the Washington State Department of Health.

“Auxiliary supply” means any water source or system other than the city of Leavenworth’s water. This includes, but is not limited to, irrigation systems, ponds, streams, rivers or wells.

“Backflow” means the flow of water or other liquids, gases or solids from any source back into the distribution system. The flow of water in the opposite direction of its intended flow.

“Backflow prevention assembly tester” means a person holding a valid BAT certificate issued in accordance with WAC 246-290-490 and Chapters 18.27, 18.106 and 70.119 RCW.

“Back pressure” means water pressure which exceeds the operating pressure of the public potable water supply.

“Back siphonage” shall mean backflow due to a negative or reduced pressure within the public potable water supply.

“Building inspector” shall mean the building inspector for the city of Leavenworth.

“City” shall mean the city of Leavenworth.

“City administrator” means the person responsible for the enforcement of this chapter, or their designee.

“Closed system” means any water system or portion of a water system in which water is transferred to a higher pressure zone closed to atmosphere.

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

“Cross connection” means any physical arrangement where a public water system is connected, directly or indirectly (actual or potential), with any other nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross connections.

“Cross connection specialist” or “CCS” shall mean a person who has successfully completed and maintains all requirements as established by the Washington State Department of Health to be a specialist in the state of Washington.

“Degree of hazard” means the low or high hazard classification that shall be attached to all actual or potential cross connections.

“DOH” means Washington State Department of Health.

“Double check valve backflow prevention assembly” or “double check assembly” or “double check” or “DCVA” or “DC” means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shutoff valve on each side of the checks, as well as test cocks to test the checks for tightness.

“Health hazard” means an actual or potential threat of contamination of a physical, toxic or biological nature that would be a danger to health.

“High hazard” means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.

“In-premises protection” means a method of protecting the health of consumers served by the customer’s plumbing system (i.e., located within the property lines of the customer’s premises) by the installation of an approved air gap or backflow prevention assembly at the point of hazard.

“Inspector” or “surveyor” shall mean a person holding a valid CCS certificate issued in accordance with the Washington Administrative Code, who meets the stipulations in this chapter, and the most recent edition of the city’s standard operating procedures manual.

“Local administrative authority” means the local official, board, department or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code and all other plumbing codes recognized by the state of Washington.

“Low hazard” means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may be objectionable, but not hazardous to one’s health, to backflow into the potable water supply.

“Mobile unit” shall mean units connecting to the water system through a hydrant, hosebib, or other appurtenance of a permanent nature that is part of the city water system or a permanent water service to a premises. Uses that are prohibited include recreational vehicles, commercial operators, or other nonemergency services vehicles, apparatus or equipment.

“Person” means a natural person (individual), corporation, company, association, partnership, firm, limited liability company, joint venture company or association, and other such entity.

“Plumbing hazard” 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 all types of structures including, but not limited to, homes, apartment houses, hotels and commercial or industrial establishments.

“Point-of-use isolation” shall mean the same as “in-premises protection.”

“Pollution” means an impairment of the quality of the public potable water supply which adversely affects the aesthetic qualities of such potable water for domestic use but does not create a hazard to the public health. Also referred to as “low hazard” or “nonhealth hazard.” See also “Contamination.”

“Potable water supply” means any system of water supply intended or used for human consumption or other domestic use.

“Premises” means any piece of property to which water is provided including, but not limited to, all improvements, mobile structures and structures located on it.

“Premises isolation” means a method of protecting a public water system by installation of an approved air gap or approved backflow prevention assembly at the point of service (end of purveyor’s service pipe) to separate the customer’s plumbing system from the purveyor’s distribution system.

“Reduced pressure principle backflow prevention assembly” or “reduced pressure principle assembly” or “RP assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shutoff valves at each end of the assembly.

“SOP” means the most recent edition of the city of Leavenworth’s standard operating procedure manual.

“System hazard” 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 detrimental effect on the quality of the potable water in the system.

“Thermal expansion” means the pressure created in piping when water is heated.

“Used water” means any water supplied by the city to a customer’s property after it has passed through the service connection and is no longer under the control of the city water system.

“WAC” means the most recent edition of the Washington Administrative Code.

“Water system” shall mean the city of Leavenworth’s public water system. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.030 Cross connections regulated.

A. No cross connections shall be created, installed, used or maintained within the territory served by the city, except in accordance with this chapter.

B. The CCS for the city shall determine if any actual or potential cross connection exists. If found necessary, an assembly commensurate with the degree of hazard will be required to be installed at the service connection.

C. The owner, occupant or person in control of the property is responsible for all cross connection control within the premises.

D. The use of any type of attachment connected to the plumbing including but not limited to the garden hose is prohibited except in accordance with this document.

E. Any service connection within the city which receives water from any other service including, but not limited to, other water systems or auxiliary supplies must abide by the contents of this chapter.

F. All premises found on Table 9 of WAC 246-290-490(4)(b) shall have installed a reduced pressure backflow assembly at the service connection in accordance with this chapter.

G. It is the responsibility of the property owner/occupant to pay for the purchase, installation, test, repair and maintenance of all backflow assemblies. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.040 Application and responsibilities.

This chapter applies throughout the city of Leavenworth and to every premises and property served by the city. It applies to any premises, public or private, regardless of date of connection to the water. Every owner, occupant and/or person in control of any concerned premises is responsible for compliance with the terms and provisions contained herein. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.050 Backflow prevention assembly requirements.

A CCS employed by or under contract with the city shall determine the type of backflow prevention assembly to be installed within the area served by the city. All assemblies shall be installed at the service connection unless it is determined by the CCS that the assembly can be installed at some other point. An assembly will be required in each of the following circumstances, but the CCS is in no way limited to the following circumstances:

A. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into the potable water system, the potable water system shall be protected by an approved air gap separation or an approved reduced pressure backflow assembly.

B. When the nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the potable water supply.

C. Premises having any one or more “cross connections” or potential “cross connections” as that term is defined by this chapter and the WAC.

D. When an appropriate cross connection survey report form has not been filed with the city.

E. Internal cross connections are present that cannot be eliminated or corrected.

F. When intricate plumbing arrangements are present making it impractical to ascertain whether cross connections exist.

G. There is a repeated history of cross connections being established or re-established.

H. Materials are being used such that, if backflow should occur, a health hazard could result.

I. Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of the CCS.

J. Any premises where an auxiliary water supply is connected to the potable water supply.

K. All new commercial construction.

L. Any new residential construction deemed upon review by the city CCS to be a potential risk.

M. In the event a point-of-use assembly which is protecting the city’s distribution system has not been tested or repaired as required by WAC 246-290-490, or as amended, and this chapter, a premises isolation assembly will be required.

N. It is determined that additions or rearrangements have been made to the plumbing system without obtaining proper permits as required by the city’s community development department, premises isolation will be required.

O. All high health hazard premises which are defined in Table 9 of WAC 246-290-490, or as amended, are required to have premises isolation by installing an approved air gap or reduced pressure principle assembly in accordance with this chapter. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1564 § 1, 2018; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.060 Irrigation systems.

All irrigation systems shall be protected according to plumbing code regulations. In the event any system is equipped with an injector system, a reduced pressure backflow assembly will be required. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.070 Fire systems.

An approved double check backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use, and/or does not provide for periodic flow-through during each 24-hour period. A reduced pressure principle backflow prevention assembly must be installed, if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:

A. Where improper maintenance has occurred;

B. On all high hazard systems;

C. Wherever inspector deems necessary; and

D. Wherever required by the WAC. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.080 Temporary connections.

Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly to be used will be commensurate with the degree of hazard and will be determined on a case-by-case basis by a city of Leavenworth CCS. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.090 Mobile units.

Any mobile unit or apparatus, as defined in LMC 13.06.020, which uses the water from any premises within the city’s water system, shall first obtain approval from the city administrator and/or designee and be inspected to assure appropriate backflow prevention is installed in accordance with the city’s SOP manual. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.100 Right-of-way encroachment.

A. No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided in this section.

B. The city reserves the right to have an assembly installed in the right-of-way.

C. A backflow prevention assembly required by the city may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.

D. All permits required by the city to perform work in the right-of-way shall be obtained.

E. Residential assembly box shall be installed flush with the surrounding grade, and shall be at a distance no greater than 36 inches from right-of-way. Commercial assembly box shall be installed as determined by the city administrator and/or designee. Any assembly or portion of an assembly which extends aboveground shall be located no closer than 18 inches to the face of the curb, shall be protected from freezing damage, and shall comply with the city’s utility/engineering standards and specifications.

F. A property owner shall, at the request of the city and at the owner’s expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way, when such relocation is necessary for street or utility construction or repairs. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.110 Plumbing code.

As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with all Washington State plumbing laws. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.120 Access to premises.

Authorized personnel of the city of Leavenworth, with proper identification, sufficient notice, and justification, shall have access during reasonable hours to the backflow prevention assembly of a premises and within the building to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to the backflow prevention assembly during those hours for inspection, a reduced pressure backflow assembly must be installed at the service connection to that premises as stipulated in WAC 246-290-490(4)(b).

Pursuant to WAC 246-290-490(2)(g)(ii)(E), purveyors with cross connection control programs that rely both on premises isolation and in-premises protection may reduce premises isolation requirements and rely on in-premises protection for premises other than the type addressed in WAC 246-290-490(4)(b), only if the following conditions are met: the purveyor has reasonable access to the consumer’s premises to conduct an initial hazard evaluation and periodic reevaluations to determine whether the in-premises protection is adequate to protect the purveyor’s distribution system. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.130 Testing and repairs.

Backflow prevention assemblies shall be tested in accordance with the requirements set out in the most recent edition of WAC 246-290-490, or as amended, in this chapter and the most recent edition of the city’s SOP manual.

A. Annual testing of all backflow devices by a private state certified CCS shall be required and it is the responsibility of the owner for the scheduling of a tester of their choice as well as all costs associated with the testing and any or all repairs that may be required.

B. The city shall notify the owner annually by mail when testing is required to be completed.

C. Any existing residential backflow assemblies, upon owner’s request for a hazard assessment by the city CCS, and upon inspection found that the device is determined not necessary or redundant by the CCS, the owner, upon approval by the city public works director, can elect to be removed from the annual testing requirement by the city and the device may remain.

D. The city shall supply the testers all forms and documents deemed necessary by the city for submitting test results and repair records. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1564 § 2, 2018; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.140 Responsibilities of backflow prevention assembly testers.

A. All backflow prevention assembly testers operating within the city of Leavenworth water system service area shall be certified in accordance with all applicable regulations of the Washington DOH and shall comply with all stipulations in this chapter and the city’s SOP manual.

B. Persons certified as backflow prevention assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (OSHA) and Washington Department of Labor and Industries Division of Occupational Safety and Health.

C. It is the responsibility of backflow prevention assembly testers to submit records of all backflow prevention assembly test repairs to the city of Leavenworth within 10 days of completing the test. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.150 Maintenance of assemblies.

Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the WAC and plumbing code, or as amended, and the city’s SOP manual and adopted utility and engineering standards and specifications. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.160 Installation requirements and specifications.

Backflow assemblies shall be installed in accordance with the requirements set out in the WAC, plumbing code, the city’s SOP manual, and city adopted utility and/or engineering standards. At any service connection where a premises isolation assembly is allowed to be installed at some other point than at the service connection, the following stipulations apply:

A. It is illegal to intertie any piping between the service connection and the assembly.

B. The CCS must have access during business hours to inspect the assembly. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.170 Thermal expansion.

If a closed system has been created by the installation of a backflow prevention assembly, it is the responsibility of the property owner to eliminate the possibility of thermal expansion. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.180 Pressure loss.

Any reduction in water pressure caused by the installation of a backflow prevention assembly is not the responsibility of the city. The city will give reasonable assistance to the owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows for fire protection. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.190 Parallel installation.

Premises where noninterruption of water supply is critical shall have installed two assemblies of the same type in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum water requirements. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.200 New construction.

A. In all new residential construction, when determined by the CCS as a potential risk for backflow contamination, a backflow prevention assembly shall be installed at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by the inspector.

B. When a building is constructed and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building.

C. The minimum protection on all new residential construction will be a double check. The type of assembly will be determined by the city’s CCS.

D. In all new commercial construction, a reduced pressure principle backflow device shall be installed at the service connection or a location agreed to by the city inspector prior to any other outside connection as required and reviewed by the city CCS. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1564 § 3, 2018; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.210 Service connections.

All properties shall comply with this chapter. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.220 Rental properties.

The property owner is responsible for the installation, testing and repair of all backflow assemblies on their property. If the plumbing is altered in any way, it is the responsibility of the owner to notify the city. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.230 Retrofitting.

Retrofitting shall be required on all service connections where an actual or potential cross connection exists as determined by the city of Leavenworth cross connection specialist. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.240 Costs of compliance.

All costs associated with compliance of this chapter are the financial responsibility of the owner. This includes, but is not limited to:

A. The purchase, installation, inspections, surveys, testing, replacement, maintenance, parts, and repairs of the backflow prevention assembly.

B. All shutoff, reconnect and legal fees. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.250 Terminations of service.

Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested annually and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this chapter and to abide by the contents of this chapter is sufficient cause to deny or discontinue public water service to the premises pursuant to WAC 246-290-490(2)(i)(i), (ii), and (iii) or as amended. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of public water service to the premises shall be immediate. Where there is not an extreme emergency or an immediate threat to life or public health, the city may impose an alternative penalty in lieu of termination as provided in LMC 13.06.255. Nonpayment of the alternative payment in lieu of termination shall be grounds for termination or discontinuance of public water service to the premises. The city of Leavenworth may, at the property owner’s expense, install a reduced pressure backflow assembly at the meter. Testing, maintenance and repair of the assembly will be the responsibility of the property owner. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.255 Alternative penalty in lieu of termination.

13.06.260 Emergency suspension of service.

The city administrator and/or their designee may, without prior notice, suspend water service to any premises when such suspension is necessary to stop the imminent threat of any actual or potential cross connection as defined in this chapter and the city’s SOP manual. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.270 Nonemergency suspension of service.

The city administrator and/or their designee may suspend the water supply to any premises where the conditions of this chapter or the city’s SOP manual have been violated. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.280 Terminations of service – Notice.

A. The city administrator and/or their designee may at any time order or cause water service to be shut off from any premises connected to the city water system, where the conditions of this chapter or the city’s SOP manual have been violated. Procedure for notification, with opportunity for appeal, shall be as follows:

1. A first notice of noncompliance shall be transmitted to the property owner and/or listed customer (as listed in the city’s water service billing system). This notice shall state:

a. That the backflow prevention assembly is now overdue for testing and/or correction necessary;

b. Such testing/correction is required;

c. The citation of noncompliance;

d. A statement that “failure to transmit the report to the city within the allocated time will constitute a violation, and a compliance order issued which may result in nonemergency suspension of service (shut off water service) per LMC 13.06.270”; and

e. The testing results must be sent to the city within 30 days of this notice.

2. Upon nonresponse, a second notice of noncompliance shall be transmitted to the property owner and/or listed customer stating that:

a. The backflow prevention assembly is now overdue for testing and/or correction necessary;

b. Such testing is required;

c. A first notice of noncompliance has been transmitted without response;

d. The citation of noncompliance;

e. A statement that “failure to transmit the report to the city within the allocated time will constitute a violation and a compliance order issued which may result in nonemergency suspension of service (shut off water service) per LMC 13.06.270”; and

f. The testing results must be sent to the city within 15 days of this notice.

3. If the backflow prevention assembly testing and/or correction, as required in the notice, is not completed within the total of 45 days from the first notice of noncompliance, a compliance order will be issued as a written notice by certified mail with return receipt to the property owner and/or listed customer stating:

a. The citation of noncompliance;

b. A first and second notice of noncompliance has been transmitted without response;

c. The right to appeal to the city council public works committee; and

d. The water will be immediately shut off by the city without further notice.

4. If the testing has not been completed and transmitted to the city, or if no hearing has been requested within 45 days from the first notice of noncompliance, the water will be immediately shut off by the city without further notice.

5. If, after service has been terminated, testing is completed, testing results are transmitted to the city, and a turn-on charge is made, then water service shall be restored to customer, property, premises, or building.

6. Compliance may include relocation, construction and/or installation of backflow prevention assembly which require the issuance of a building permit.

7. In the event that water service is to be shut off from a known rental unit, where a tenant is not the customer as previously defined, then, prior to the termination of service for noncompliance, and after the city has satisfied the procedures in this section, the city shall place notice upon the premises at least two working days prior to shutoff of service. Such notice shall be reasonably provided to inform the tenant or tenants of the proposed shutoff of service.

8. The turn-on charge shall be set by resolution of the Leavenworth city council from time to time and said rates shall be on file at the office of the city clerk-treasurer. Payment must be made at City Hall. The turn-on charge is payable when a work order for disconnection has been written, even if actual disconnection has not been made.

B. The city will refuse to connect or will disconnect service for noncompliance with this chapter, except where entering into a voluntary correction agreement.

1. Prior to filing any compliance order notice, the CCS may enter, by annotation into the file of record, into a voluntary correction agreement with a person responsible for correcting the violation(s), which may be the owner, agent or occupant. The CCS may agree to extend the time limit for correction or may agree to modify the required corrective action.

C. The disconnection of service for any cause shall not release the property owner and/or customer from their obligation to pay for services received or amounts specified in the city’s service regulations or any written contract with the property owner and/or customer.

D. The city of Leavenworth retains all legal rights and remedies available to it pursuant to local, state and federal law. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.290 Provisions as to availability of materials.

The clerk-treasurer is hereby directed to maintain at all times one copy of Chapter 246-290 WAC, and one copy of the most recent edition of the Pacific Northwest Section American Water Works Association Cross Connection Control Manual, Accepted Procedure and Practice, for public use and inspection during regular city business hours. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

13.06.300 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1656 § 1 (Att. A), 2022; Ord. 1440 § 1 (Att. A), 2013; Ord. 1178 § 1, 2001.]

II. Sewers