Chapter 13.30
SERVICE
Sections:
13.30.100 Application, review and approval.
13.30.120 Violation of utility system regulations.
13.30.130 Water and sewer system extension requirements.
13.30.140 Service connections required within service area.
13.30.145 Nonpotable water sources within service area.
13.30.150 Cross-connection control program.
13.30.400 Inspections - Required.
13.30.500 Correction of unsafe conditions.
13.30.510 Unlawful discharges to county sewers.
13.30.600 Maintenance of utility systems.
13.30.700 Water conservation program.
13.30.800 Interlocal agreements.
13.30.100 Application, review and approval.
No person or entity may connect to, extend or alter the water or sewer system without making application to and receiving approval by the utility division. A complete application along with written approvals from the local community development authority for consistency with the local approved comprehensive plan, development regulations and applicable standards, written approval from the local building authority for the structure to be served, and any other information that may be required or requested by the utility division must be submitted to determine proposed water demands, cross-connection control measures and other potential impacts to the water or sewer system. If the administrator determines that the proposed action complies with the regulations of this chapter, the utility division will approve the application with any conditions necessary and proper to accomplish the purposes of this chapter. The utility division shall not approve any application for water service unless a satisfactory water main exists, capable of meeting the requirements for pressure, circulation, storage, source of supply, conveyance and other requirements established by the utility division. The utility division shall not approve any application for sewer service unless a satisfactory sewer main with adequate hydraulic and treatment exists, capable of meeting other requirements established by the utility division. [Ord. 1265 Att. A, 2016]
13.30.110 Water meters.
All water services shall be metered. The utility system will deliver water to users only through meters owned by Lewis County, except temporary use of fire hydrants for construction, building or related purposes may be authorized by the administrator in accordance with this chapter.
Issuance of a water meter associated with new development of the system will be per LCC 13.60.100. [Ord. 1265 Att. A, 2016]
13.30.120 Violation of utility system regulations.
Any person who connects to the utility system without obtaining the utility division’s prior approval or who violates any section of this title shall be assessed a fine of $250.00 per violation or by imprisonment for not more than 90 days as set forth in LCC 1.20.020, which shall be in addition to all other applicable charges and costs. The property owner shall be responsible for payment of all charges. Water and sewer service will be disconnected to the premises until the charges, fees and penalties are paid and any unauthorized installation is corrected and approved by the utility division. [Ord. 1265 Att. A, 2016]
13.30.130 Water and sewer system extension requirements.
Requirements for water and sewer main extensions, oversizing mains and other improvements to the water and sewer systems are stated or referenced in Chapters 13.50, 13.60 and 13.70 LCC. All water and sewer system extensions and other system improvements shall upon completion and written acceptance by the administrator be conveyed to Lewis County and become part of the utility system. [Ord. 1265 Att. A, 2016]
13.30.140 Service connections required within service area.
Any person having a structure with plumbing fixtures within the boundaries of a county water or sewer service area as delineated in an approved utility system plan, LID or ULID shall be required to connect to the system within 60 days after receiving notice from the department to make such connection, or as specified in applicable LID or ULID ordinance. At the end of such 60-day period, the utility division shall begin assessing service charges regardless of whether the connection has been made. [Ord. 1265 Att. A, 2016]
13.30.145 Nonpotable water sources within service area.
Any applicant seeking to distinguish between potable and nonpotable water uses on premises that have a nonpotable water source must make a written request for a variance. The process applicable to that application is the process described in LCC 13.30.200.
The application shall not be approved unless it includes provisions for backflow prevention assemblies and other improvements to prevent cross-connection contamination of the potable water system per LCC 13.30.150. The applicant will be responsible for all review, construction, testing and associated costs to comply with the approval of the variance application. [Ord. 1265 Att. A, 2016]
13.30.150 Cross-connection control program.
(1) Purpose. The purpose of the cross-connection control program (CCCP) is to protect the potable water system from any actual or potential physical connection of nonpotable liquid, solid or gas that could contaminate the potable water system by backflow. If the utility determines that a cross-connection potential exists, no water service shall be allowed from the utility water system until approval from the administrator and the cross-connection control specialist (CCS) that the connection is protected with an appropriate backflow assembly.
(2) Adoption of State Regulations. The CCS shall develop the CCCP for the utility in accordance with WAC 246-290-490, Chapter 246-292 WAC and current references as approved by DOH.
(3) Backflow Prevention Assembly Requirement. Backflow prevention assemblies approved for use by DOH shall be installed at the discretion of the utility division for the following circumstances:
(a) Premises and services identified in WAC 246-290-490 as severe and high health hazards;
(b) Premises and services identified as special plumbing and activities in the CCCP for the utility system;
(c) Internal cross-connections that are not correctable or where or when it is impracticable to ascertain whether cross-connections exist;
(d) Where there is usage of toxic or hazardous materials such that, if back siphonage or back pressure should occur, a health hazard could result;
(e) Irrigation systems;
(f) Properties with an unapproved auxiliary water supply interconnected with the utility water system;
(g) Properties with wells that have not been legally abandoned or where the property owner or applicant wants to connect to the utility water system;
(h) Premises served by a fire system using chemical additives;
(i) Premises which pose a high probability of changes in the use of water by tenants;
(j) Premises where cross-connections are probable, unavoidable or not correctable, such as buildings served with booster pump systems; and
(k) Where the property owner or applicant is seeking a variance pursuant to LCC 13.30.200.
(4) Installation Requirement. Backflow prevention assemblies shall be installed as follows: by a licensed plumber in accordance with WAC 246-290-490; on the customer line just inside of the customer’s property line and in a location acceptable to the utility division; at the point of delivery of the potable water supply, before any branch of the customer line; protected from freezing and if possible, water inundation; and in compliance with applicable plumbing requirements.
(5) Testing and Repairs. All backflow assemblies installed, relocated or repaired within the service area shall be tested immediately upon installation and at least annually by a state certified backflow assembly tester (BAT) in good standing. To be in good standing, the BAT shall supply the utility division with a current certificate of accuracy for his or her testing equipment and a current BAT certificate. The test period interval will be as specified by the CSS or administrator; but shall not be less frequently than annually. Test results shall be reported to the CSS by the BAT within one week of the date of testing.
All such assemblies not functioning properly shall be immediately repaired or replaced by the customer. If any such assembly is not immediately repaired or replaced, then the utility division may deny or discontinue utility service to the premises. All testing and repairs are the responsibility of the property owner.
(6) Notification. The utility division will notify the customer that an annual test of the backflow prevention assembly is required not less than 30 days before such annual test is required. Noncompliance on the part of the customer will result in termination of service.
(7) Costs of Compliance. All costs associated with purchase, installation, testing, replacement, maintenance, parts and repairs of the backflow assembly are the responsibility of the property owner.
(8) Approval of Cross-Connection Control Program. Approval of the utility CCCP shall be by resolution for the service area. [Ord. 1265 Att. A, 2016]
13.30.200 Variance.
Any applicant may seek a variance in the application of the provisions of these regulations based on extraordinary conditions of topography, access, location, shape, size or other physical features of the property. The request for a variance shall be in writing and shall include a detailed statement of the technical aspects of the project that necessitate the need for a variance. A variance from design requirements will not be approved solely on the basis of financial considerations or convenience.
The applicant shall be responsible for all costs incurred in the review of the variance request regardless of whether the variance request is approved or denied. The minimum fee to process and review the variance request shall be the current approved fee applicable to public works deviation requests. Additional costs may include: review by utility division personnel, local, state and federal agencies; compliance measures for LCC 13.30.150; and required documentation and approvals by local, state and federal agencies. No variance will be approved that would have the effect of granting a special privilege not shared by other similar properties. The administrator will determine if the following conditions to approval have been met:
(1) There are exceptional or extraordinary conditions that apply to the project property and not to other properties in the vicinity.
(2) The approval will not adversely affect the health or safety of persons residing or working in the neighborhood, be detrimental to the public welfare, be injurious to property or improvements in the area, or be inconsistent with the comprehensive plan.
(3) The approval is consistent with other chapters of the county code and county programs.
(4) The approval for a material item or method is substantially equivalent to prescribed materials and methods. [Ord. 1265 Att. A, 2016]
13.30.300 Easements.
The utility division may require any person or entity seeking to connect to the utility system to provide an easement for utility system purposes as a condition to allowing such connection. Easement widths will typically be 20 feet. Construction easements will be a minimum of 30 feet including the permanent easement. Under special circumstances, the administrator or designee may require alternate easement widths. [Ord. 1265 Att. A, 2016]
13.30.400 Inspections - Required.
As a condition to the issuance of any permit or authorization by the utility division, each applicant shall consent to reasonable inspections by the utility division to ensure the provision of safe drinking water. [Ord. 1265 Att. A, 2016]
13.30.410 Right of entry.
Whenever the utility division determines that it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this title or other applicable health and safety law, the administrator is authorized to enter such property at any reasonable time to inspect the site and to perform any duty imposed by this chapter. The administrator shall first make reasonable efforts to contact the person responsible for the premises and shall present proper credentials to such person, and request entry onto the premises. If entry is refused, the administrator shall have recourse to every remedy provided by law to secure entry. In the event of an emergency, the administrator is authorized to enter the premises to inspect and to enforce this chapter without first attempting to contact the person responsible for the property. [Ord. 1265 Att. A, 2016]
13.30.500 Correction of unsafe conditions.
Whenever the administrator or designee determines that any condition on any premises is in violation, is used contrary to any provisions of this chapter, or is unsafe, the administrator or designee may order the correction or discontinuance of any such condition or activity causing such condition. The administrator or designee may take appropriate measures including the discontinuance of service to enforce any such order. [Ord. 1265 Att. A, 2016]
13.30.510 Unlawful discharges to county sewers.
No person or entity shall discharge or cause to be discharged, by direct or indirect means, any of the following wastes or substances into any part of the sewer system:
(1) Any rainwater from downspouts or other surface or subsurface drainage.
(2) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
(3) Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
(4) Any gasoline, benzene, naphtha, fuel oil, grease, or flammable or explosive liquid, solid or gas.
(5) Any ashes, cinders, sand, mud, straw, hair, shavings, metal, glass, rags, feathers, tar, plastic, wood, manure or other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system.
(6) Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer system.
(7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewer system.
(8) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(9) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(10) Other discharges if determined to be incompatible with county’s treatment system. [Ord. 1265 Att. A, 2016]
13.30.600 Maintenance of utility systems.
The responsibility of the utility division shall be limited to operation and management of water and sewer systems owned by the county, and it shall not have any responsibility with respect to private utility systems except on a contractual basis through a written agreement with the board. [Ord. 1265 Att. A, 2016]
13.30.700 Water conservation program.
The utility division may develop and administer any programs necessary to further water conservation or to comply with water conservation requirements of any local, state or federal agency having jurisdiction within the service area.
A Level I water supply problem may be declared at the discretion of the administrator. Voluntary water conservation measures may be requested by notice to and education of the customers about “nonessential uses” as defined in this section and in the water shortage response plan for the utility system.
A Level II water supply problem may be declared by the administrator when water usage exceeds the rate of resupply. Voluntary water conservation measures will be used including reduced or altered outdoor watering schedules.
A Level III water supply problem will be declared by the board when water supply fails to meet the demand for water and voluntary conservation measures are ineffective or are expected to be inadequate. The board’s declaration will prohibit nonessential water uses as defined below, outdoor watering (except as authorized in writing by the administrator), and wasting potable water in any drainage way.
The following water uses are considered nonessential water uses: washing of any motorbike, motor vehicle, boat, trailer, airplane or other vehicle except at a commercial self-contained washing facility; hosing of any sidewalks, walkways, driveways, parking lots, tennis courts or other hard surfaced areas, buildings or structures; filling and refilling of any indoor or outdoor swimming and jacuzzi pools (except where authorized for neighborhood fire control or as required by a medical doctor’s prescription); using water in a fountain or pool for aesthetic purposes (except where needed to support fish life); serving water to a customer in a restaurant unless requested by the customer; drawing water from hydrants for construction, fire drills, recreation and nonfirefighting purposes; using water for dust control; and irrigating water for recreational fields, golf courses and grounds.
If the administrator determines that any customer failed to comply with the provisions pertaining to a Level III water emergency, then a written warning notice shall be delivered to the customer’s residence or posted at the front entrance of the residence. If the customer fails to comply with the conditions stated in the notice, the administrator may authorize disconnection of the customer’s water service. Service so disconnected shall be restored only upon compliance with the applicable conditions stated in the notice, payment to unlock or turn the meter on, payment of the service meter charge and other costs incurred in the discontinuance of service, and assurance that the action causing the discontinuance will not be repeated. Prior to restoration of service and if the administrator determines it is appropriate, the utility may install a flow restrictive device on the customer’s service line at the customer’s expense. The flow restrictive device will be removed at the expiration of the Level III water emergency, but may be removed earlier at the discretion of the administrator. [Ord. 1265 Att. A, 2016]
13.30.800 Interlocal agreements.
The administrator, with approval from the board, may enter into such agreements with local, state or federal agencies or jurisdictions as may be appropriate in administering the provisions of this title. [Ord. 1265 Att. A, 2016]