Chapter 13.24
RECLAIMED WATER
13.24.000 Chapter Contents
Sections:
13.24.010 Reclaimed Water; Purpose.
13.24.020 Reclaimed Water; Definitions.
13.24.030 Reclaimed Water is Part of Water Utility
13.24.040 Reclaimed Water Metering.
13.24.050 Reclaimed Water; Authority of Director.
13.24.060 Reclaimed Water; Reclaimed Water Service Agreements authorized
13.24.070 Fees and Charges for Reclaimed Water.
13.24.080 Reclaimed Water, Continued service and temporary interruptions.
13.24.090 Discontinuation of Service.
13.24.100 Cross-connections prohibited.
13.24.110 Use of Water Must be for Purposes Stated in Reclaimed Water Service Agreement.
13.24.120 Waste of Water Prohibited.
13.24.130 Damaging or interfering with reclaimed water system prohibited.
13.24.140 Use of nonconforming connection material prohibited.
13.24.150 Displacement of waterworks appurtenances.
13.24.160 Access to premises for inspection.
13.24.170 City employees to work on mains and service connections.
13.24.180 Mains and services-location from sanitary sewers.
13.24.190 Ownerships of mains and service connections.
13.24.210 Service connections –General requirements.
13.24.220 Temporary service connections.
13.24.230 Service connection –Wholesale consumers.
13.24.240 Service agreements with other governmental units.
13.24.250 Water service outside city limits.
13.24.260 Service connection –No main in street.
13.24.270 Main assessment rates.
13.24.280 All services to be metered.
13.24.290 Turning on reclaimed water.
13.24.300 Permission required to connect or turn reclaimed water on or off.
13.24.310 Notice required to have reclaimed water discontinued.
13.24.320 Service reconnection or transfer of service.
13.24.330 Charges to become lien.
13.24.340 Payment of reclaimed water bills- - Delinquency Notification- -Service discontinued for nonpayment –Past due fees.
13.24.350 Cash deposit for water service.
13.24.360 Reclaimed Water, Remedies for violations of Reclaimed Water Service Agreements.
13.24.370 Allocation of funds.
(Ord. 6359 §1, 2005).
13.24.010 Reclaimed Water; Purpose
This chapter sets forth uniform policies and procedures for the City of Olympia’s distribution of reclaimed water and the use of reclaimed water by the City and its customers, as required by the State Reclaimed Water Permits issued to the LOTT Alliance. The policies and procedures are intended to be and shall be construed so that they are consistent with provisions of Chapter 90.46 RCW, the Standards, the Permits, and the General Agreement.
(Ord. 6359 §1, 2005).
13.24.020 Reclaimed Water; Definitions
"City" means the City of Olympia, Washington, or as indicated by the context, may mean the Public Works Department, the City Clerk, City Engineer, or other city employee or agent representing the city in the discharge of his or her duties.
"City Council" means the City Council of the City of Olympia.
"City engineer" means the City Engineer of the City of Olympia or his/her designee.
"Director" means the Director of the Public Works Department for the City of Olympia or his/her designee.
"End User" means a person or entity that puts reclaimed water to one or more End Uses. End Users may include the City or a person or entity that receives reclaimed water from the City.
"End Uses" means the permissible beneficial uses for which reclaimed water may be used consistent with the Standards and State Reclaimed Water Permits including, but not limited to, commercial and industrial uses, irrigation, aquifer recharge, stream flow augmentation, water right mitigation, and environmental enhancement or mitigation. "End Uses" do not include use of Reclaimed Water for human consumption.
"General Agreement" means the General Interlocal Agreement Between the LOTT Alliance, Thurston County and the Cities of Lacey, Olympia and Tumwater for Distribution and Use of Reclaimed Water.
"LOTT" means the LOTT Alliance.
"Mains" means Reclaimed Water lines designed or used to serve more than one premises.
"Permits" means the State Reclaimed Water Permits issued to LOTT under RCW 90.46.030 and 90.46.040, including but not limited to Permit No. ST 6159 issued on February 13, 2004, as the same may be amended, extended or renewed from time to time.
"Person," "customer," "owner," "occupant," or "agent" shall be held to include natural persons of either sex, associations, co-partnership’s and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall be held to include the plural and the masculine pronoun to include the feminine.
"Premises" means a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivisions of such use or responsibility shall constitute a division into separate premises as defined in this section.
"Potable Water" means water that is not Reclaimed Water and that is supplied through the City’s municipal water system for human consumption.
"Reclaimed Water" means reclaimed water that meets State Class A criteria established in the Standards, as amended, and the definition set forth in RCW 90.46.010(4).
"Reclaimed Water Service Agreement" means the Reclaimed Water Contract between the City of Olympia and an end use customer, in substantially the form established under the Supply Agreement and approved by the Washington State Departments of Health and Ecology.
"Service connection" means that portion of the city Reclaimed Water supply system connecting the supply system on a premises to the city Reclaimed Water distribution main including the tap into the main, the water meter and appurtenances and the service line from the main to the meter and from the meter to the property line.
"Standards" means the Water Reclamation and Reuse Standards promulgated by the Washington State Department of Health and Department of Ecology, as amended.
"Standard or permanent mains" means mains conforming to the standard specifications of the city with respect to materials and minimum diameter.
"Standard specifications" means those standard specifications for public works construction which have been adopted by the Director.
"Substandard or temporary mains" means mains which do not conform to the standard specifications of the city with respect to materials and/or minimum diameter.
"Supply Agreement" means the agreement entered into between the City of Olympia and LOTT which provides for the terms of use of Reclaimed Water by the City.
(Ord. 6359 §1, 2005).
13.24.030 Reclaimed Water Is Part of Water Utility
The use of Reclaimed Water under this chapter shall be considered part of the City’s water utility, and the City elects to exercise all lawful powers necessary to maintain, operate, regulate, control, use and distribute Reclaimed Water as such authority exists and may be amended in the future.
The rates and charges to be assessed customers under Reclaimed Water Service Agreements shall be those established by ordinance of the City Council.
(Ord. 6359, §1, 2005).
13.24.040 Reclaimed Water Metering
All use of Reclaimed Water shall be metered. The City shall install and maintain reclaimed water meters on the outlet side of the City’s conveyance system to provide accurate measurement of the quantity of reclaimed water supplied under a Reclaimed Water Service Agreement. All meters shall remain the property of the City; provided, however, that any meter may be exchanged with another meter of similar kind as deemed necessary by the Director.
(Ord. 6359, §1, 2005).
13.24.050 Reclaimed Water; Authority of Director
When authorized by the City Council, the Director may execute, on behalf of the City, Supply Agreements for the acquisition of Reclaimed Water from LOTT and make use of reclaimed water for City purposes. The Director shall establish policies and procedures, consistent with this Chapter, to receive, use and/or sell reclaimed water, to implement and enforce the payment, collection, and remittance of the rates defined in this Chapter, and shall be the authority in charge of implementing the conditions set forth in the Supply Agreements and the policies and procedures. Except for Reclaimed Water Service Agreements with other governmental entities (which require approval of the City Council pursuant to RCW 39.34), the Director is also authorized to execute and enforce Reclaimed Water Service Agreements in accord with this Chapter, the Permit, the Standards and applicable laws and regulations.
(Ord. 6359, §1, 2005).
13.24.060 Reclaimed Water; Reclaimed Water Service Agreements authorized
Reclaimed Water Service Agreements are hereby authorized to implement the terms and provisions of this Chapter. The agreements shall be substantially in the form described under the Supply Agreement and as the same are approved by the Washington State Departments of Health and Ecology. The following conditions shall apply to all use of reclaimed water, and shall be made binding through Reclaimed Water Service Agreements:
A. Following receipt of Reclaimed Water from the City, the End User shall ensure that construction, operation, and maintenance of reclaimed water facilities and equipment, and uses of the Reclaimed Water meet all requirements of the Standards;
B. The lawful use(s) to which the Reclaimed Water may be put shall be specified and shall be consistent with this Chapter, the Standards, the Permits, and other applicable law;
C. The End Use Customer shall not use Reclaimed Water for human consumption or other uses inconsistent with the Standards and the Permits;
D. The lawful use area shall be specified and shall be consistent with LOTT’s Permits;
E. The End Use Customer shall allow an authorized representative of the City/ , or the Washington State Departments of Health or Ecology, at reasonable times and upon reasonably advance notice, except in cases of emergency, and upon the presentation of credentials, to enter upon the premises and to inspect facilities, equipment, meters, records, or premises involved in the distribution and use of the Reclaimed Water, and to take samples of the Reclaimed Water or soil, and make copies, at reasonable cost, of records;
F. Sale, lease, gift, transfer, or conveyance of reclaimed water by the End User to any other party is prohibited;
G. Discharge or release to any watercourse or water body or stormwater collection or conveyance facility is prohibited, unless expressly authorized by the City, the Standards, and other applicable law and/or regulation;
H. Extension of Reclaimed Water systems or facilities authorized in the Reclaimed Water Service Agreement is prohibited without prior written consent of the City;
I. Interconnection of Reclaimed Water systems or facilities with any public or private potable water system is prohibited.
J. The City has authority to terminate service for breach of the Reclaimed Water Service Agreement or for noncompliance with the Standards, the Permits, or applicable law or regulation;
K. The End User shall post standard notification signs, and shall tag, label and/or color-code purple all reclaimed water piping, valves, storage facilities and outlets consistent with specifications provided by the City.
L. The LOTT Alliance shall be recognized as a third party beneficiary of Reclaimed Water Service Agreements.
(Ord. 6359, §1, 2005).
13.24.070 Fees and Charges for Reclaimed Water
Fees and charges for receipt and use of Reclaimed Water shall be as set forth in this ordinance, and in Chapter 4.24 of the Olympia Municipal Code, as the same may be amended by the Olympia City Council from time to time.
(Ord. 6359, §1, 2005).
13.24.080 Reclaimed Water, Continued service and temporary interruptions
Continued service will be conditioned on the End User’s use of reclaimed water in full and continuous compliance with the Standards, other applicable law and regulations, this chapter, the Permits and the Reclaimed Water Service Agreement.
Temporary interruptions in service to the end user may occur, with no liability to the City, due to:
A. Unavailability or limited quantities of reclaimed water;
B. Emergencies requiring repair or replacement of Reclaimed Water facility or conveyance system equipment;
C. Routine repair or replacement of Reclaimed Water facility or conveyance system equipment;
D. The need for the LOTT Alliance, in its professional judgment, to take action to comply with its Permits (for example and without limitation to address treatment upsets);
E. As a result of regulatory or judicial orders; or
F. Other circumstances beyond the control of LOTT or the City.
While the City shall attempt to provide notice of interruptions, the end user waives the notice requirement in the above circumstances.
(Ord. 6359, §1, 2005).
13.24.090 Discontinuation of Service
The City reserves the right to permanently discontinue service at any time with 30 days prior written notice to the End User.
(Ord. 6359, §1, 2005).
13.24.100 Cross-connections prohibited
A. All cross-connections between any Reclaimed Water system, on the one hand, and any private water supply or the municipal Potable Water supply of the city (as that term is defined in WAC 248-54-480), on the other, are prohibited, regardless of whether or not such cross-connections are controlled by automatic devices, such as check valves, or by hand-operated mechanisms, such as gate valves or stopcocks. In addition to any penalties provided by this chapter, failure on the part of persons, firms, or corporations to discontinue the use of any and all cross-connections and to physically separate such cross-connections will be sufficient cause for the discontinuance of the Reclaimed water public water service to the premises on which the cross-connection exists. It is further unlawful to maintain any plumbing or arrangement or interconnection whereby, in the judgment of the Director, the city Potable Water supply system either on or off the premises may be contaminated.
The Director shall, in cooperation with the health officer, make periodic inspections of premises served by the Olympia municipal Potable Water supply system to check for the presence of cross-connections. Any cross-connections found in such inspection shall be ordered removed by the Director. If any immediate hazard to health is caused by the cross-connection, Potable Water services to the premises shall immediately be discontinued until it is verified that the cross-connection has been removed and the hazard abated.
B. Where both Reclaimed Water and potable water are supplied to a Reclaimed Water use area, a reduced pressure principle backflow prevention device or an approved air gap separation shall be installed at the potable water service connection to the use area.
(Ord. 6359, §1, 2005).
13.24.110 Use of Water Must be for Purposes Stated in Reclaimed Water Service Agreement.
It is unlawful for any person supplied with Reclaimed Water from the city’s Reclaimed Water supply system to use the Reclaimed Water for purposes other than those named in the Reclaimed Water Service Agreement, or to use it in violation of any provision of this chapter.
(Ord. 6359, §1, 2005).
13.24.120 Waste of Water Prohibited
No person shall waste Reclaimed Water or allow it to be wasted. Waste of Reclaimed Water is defined as: applying Reclaimed Water to a landscape in sufficient quantity to cause significant runoff of that Reclaimed Water to impervious areas or to allow significant overspray onto non-landscaped areas; applying Reclaimed Water to a landscape in sufficient quantity to cause substantial puddling of that Reclaimed Water at the ground surface; allowing leaking valves, pipes, closets, faucets, or other fixtures; or allowing any pipes or faucets to run open to prevent the service from freezing or for any other reason. This section shall apply only to use of Reclaimed Water from the City of Olympia Reclaimed Water distribution system.
(Ord. 6359, §1, 2005).
13.24.130 Damaging or interfering with reclaimed water system prohibited
A. It is unlawful for any person to willfully disturb, break, deface, or damage any Reclaimed Water meter, gate valve, Reclaimed Water pipe or other Reclaimed Waterworks appurtenance together with the buildings, grounds, and improvements thereon belonging to or connected with the Reclaimed Water system of the city in any manner whatsoever.
B. It is unlawful for any person to open, close, turn or interfere with, or attempt to, or to connect with any valve, or pipe that is part of the City’s Reclaimed Water system unless authorized by the Director in writing; provided, this rule shall not apply to members of the LOTT Alliance, city public works department or such other department of a municipal or state agency duly authorized to operate a Reclaimed Water system while acting in such capacity.
C. It is unlawful for any person to throw refuse, deleterious matter or any other substance into or upon any part of the city’s Reclaimed Water supply system.
(Ord. 6359, §1, 2005).
13.24.140 Use of nonconforming connection material prohibited
It is unlawful for any person to use any material not conforming to the standard specifications and the regulations of the city to connect any premises or buildings with the city Reclaimed Water system.
(Ord. 6359, §1, 2005).
13.24.150 Displacement of waterworks appurtenances
All persons, contractors, corporations, and other municipal departments performing construction work in streets or Utility rights-of-way, such as grading, regrading, filling, trenching, or paving shall give the Director eight days’ written notice in the event it becomes necessary during the work to move, displace, or change any Reclaimed Water mains, pipes, fittings, meters, valves, or other Reclaimed waterworks appurtenances that may interfere with the prosecution of such work. Damage to any part of the Reclaimed Water system shall make such person, contractor, corporation, or municipal department liable to the water department for the cost of necessary repairs and replacements.
(Ord. 6359, §1, 2005).
13.24.160 Access to premises for inspection
Authorized employees of the public works department, properly identified, shall have free access at reasonable hours of the day, to all parts or premises or within buildings thereon to which Reclaimed Water is supplied from the city Reclaimed Water system for the purpose of checking conformity to these regulations. In addition, such personnel are authorized, from time to time, to survey Reclaimed Water customers as a means to update customer lists and status in a responsible and reasonable manner.
Whenever the owner or occupant of any premises supplied by the city Reclaimed Water system restrains authorized city employees from making the necessary inspections and surveys, water service may be immediately discontinued to the premises.
(Ord. 6359, §1, 2005).
13.24.170 City employees to work on mains and service connections
Only employees of the Public Works Department or qualified contractors duly authorized by the Director or City Engineer shall be allowed to do any work in connection with the city Reclaimed Water mains or service connections.
(Ord. 6359, §1, 2005).
13.24.180 Mains and services –Location from sanitary sewers
In accordance with the Standards, the Permits, and other applicable law, all mains, service lines and other waterworks appurtenances which carry Reclaimed Water shall be located a sufficient distance, both horizontally and vertically, from any sanitary sewer and potable water mains to prevent contamination, infiltration and/or inflow, and all locations of waterworks facilities which are connected to the city Reclaimed Water system are subject to the approval of the City Engineer.
(Ord. 6359, §1, 2005).
13.24.190 Ownerships of mains and service connections
The ownership of all Reclaimed Water mains, service connections, and appurtenances in public streets or utility rights-of-way shall be vested solely in the City of Olympia, and the person responsible for the construction of such mains shall relinquish, by bill of sale, all interest in the ownership of such mains upon acceptance by the city; provided, however, that all Reclaimed Water systems constructed by other governmental entities, including but not limited to the LOTT Alliance, the Port of Olympia and the State of Washington, shall remain under the ownership of the entity that constructed them unless dedicated to and accepted by the City under the provisions of this chapter.
The Public Works Department will operate and maintain all approved and accepted mains in public streets or utility rights-of-way. In no case shall an owner, agent, officer or employee of any premises have the right to remove or change any part thereof without the approval of the Director.
No person shall install or repair a Reclaimed Water main in any street which is or shall be connected to the Olympia Reclaimed Water system without procuring a permit therefor. The Director shall assess a fee for each such permit in the amount of twenty-five dollars.
(Ord. 6359, §1, 2005).
13.24.210 Service connections –General requirements
A. Except as provided in Sections 13.24.220, 13.24.230 and 13.24.280, no premises shall hereinafter be connected to the Reclaimed Water supply system of the city unless there is an adjacent standard Reclaimed Water main under the ownership and exclusive control of the city.
B. When a permit has been obtained for the installation of Reclaimed Water service, and a Reclaimed Water Service Agreement as provided in Section 13.24.060 of this Code has been executed by the City and the End User applicant, the Director shall cause the premises described in the application to be connected with the Reclaimed Water system by a service pipe extending at right angles from the Reclaimed Water main to the property line, and including a stopcock and water meter placed within the rights-of-way, which connection shall thereafter be maintained by and kept within the exclusive control of the city.
C. Except as provided in Section 13.24.230, every separate premises supplied by city Reclaimed Water must have its own separate meter and the premises so supplied will not be allowed to supply Reclaimed Water to any other premises. The city engineer may require individual buildings on any premises to be separately metered.
D. When two or more buildings on the same premises are being served unsatisfactorily by one Reclaimed Water service connection, the Director shall have the right to require the installation of additional Reclaimed Water service connections from the Reclaimed Water main to the premises already served. When additional Reclaimed Water service connections are provided for any premises, all Reclaimed Water service to such premises shall be metered and installed in the regular manner.
E. Service connections shall be installed at the expense of the property owner, the same to be installed by the city and the cost to the city charged therefor. The property owner in applying for service shall pay to the city the then prevailing cost to cover the expense for the installation. All services shall be constructed by the city from the main to the property line and shall include a suitable water meter and appurtenances. This rule shall also apply where exchanges in size of service are made at the request of the property owner.
F. All persons connecting to city service shall be required to use only materials conforming to the standard specifications and regulations of the city. Plumbing on premises shall conform to the uniform plumbing code of the city.
G. Before Reclaimed Water will be turned on to the premises connected to city Reclaimed Water mains, the service pipes must be so located that the supply for each separate building shall be controlled by a separate stop and waste cock of standard make with extension handle, approved by the Director, properly protected from the frost and so placed within the premises that all service pipes and fixtures may be thoroughly drained to prevent damage from freezing. All pipes placed underground outside buildings shall be installed at least two feet below finished grade. The connection between the city’s pipes at the property line and the service pipes on the premises shall be made with a union.
H. When necessary due to the grading or regrading of public streets, the Director may relocate services on the premises to conform to the grade or slope occasioned by the street grading, and charge the expense to the owner of the service.
(Ord. 6359, §1, 2005).
13.24.220 Temporary service connections
Reclaimed Water service may be supplied to a premises on a temporary basis during the construction of a building on the premises or during the construction of a standard main to serve the premises as long as it meets requirements for adequate backflow prevention. Application for temporary service shall be approved only upon payment of all fees and assessments required by this chapter and execution of a Reclaimed Water Service Agreement as provided in Section 13.24.060. This application shall state fully the purposes for which water is desired, the circumstances which require service by temporary means, and the duration for which temporary service is necessary. All costs necessary to install and remove the temporary service shall be paid by the applicant.
Upon completion of the work for which the temporary service was necessary, the owner shall immediately apply for permanent service to the premises and the temporary service shall be removed. Failure to obtain permanent service shall be cause for immediate discontinuance of Reclaimed Water supply to the premises.
(Ord. 6359, §1, 2005).
13.24.230 Service connection –Wholesale consumers
A. The City Council may, at its discretion, authorize Reclaimed Water service to a community or number of individual users to be furnished through a common meter upon finding that service through individual meters is not practical, and upon execution by such community or individual users of a Reclaimed Water Service Agreement as provided by this Chapter. Where communities or a group of individuals are granted service through a common meter, such meter shall be furnished, installed, maintained, and kept within the exclusive control of the city. The cost of the installation including the meter shall be at the expense of the consumer.
B. Where Reclaimed Water service is supplied through a master meter, a company, association, or other form of organization, which is acceptable to the city, shall be responsible for the rates and charges set forth in this chapter.
C. Applications for Reclaimed Water service under the provisions of this section shall be made on the forms furnished for that purpose. The application shall include a detailed description of the premises to be served, the name and nature of the organization which is to be responsible for the service charges, the conditions or circumstances precluding service by individual meters and such other information as the Director may deem necessary. The application shall be accompanied by an executed Reclaimed Water Service Agreement as provided for by this Chapter.
D. Such consumers shall file with the engineering department detailed plans of their systems in such form as specified by the city engineer. Each such consumer shall, prior to commencement of work, submit for the approval of the city engineer similar information with respect to all construction or modifications which add to, reduce, or alter the Reclaimed Water system.
E. Reclaimed Water service, under the terms of this section, shall be limited to those premises described in the application. Service to additional premises, not included in the original application shall require a separate application and approval.
F. The ownership of the Reclaimed Water system beyond the common meter shall be vested in the consumer and the operation, repair, expansion and renewal of the system shall be the responsibility of the consumer. The city’s responsibility shall terminate with the common meter.
G. Any violation of the procedures required by this section shall be cause for immediate discontinuance of service to the system by the city.
(Ord. 6359, §1, 2005).
13.24.240 Service agreements with other governmental units
The City Council may, at its discretion, enter into an agreement with any other municipal corporation or governmental unit for the purpose of obtaining or providing any service relating to Reclaimed Water supply as provided by law. Except as may be required by the Permit, the Supply Agreement, the Standards or other applicable laws or regulations, the terms of such agreements shall be established by the City Council for each agreement.
(Ord. 6359, §1, 2005).
13.24.250 Water service outside city limits
Reclaimed Water service may be provided outside the city limits only as follows:
A. The property must be within the urban growth boundary and contiguous to city limits; and
B. Either:
1. The property for which Reclaimed Water service is sought shall annex to the city as a condition of water connection; or
2. In the alternative, in its sole discretion, the city may elect to defer annexation and require the owners of the property for which Reclaimed Water service is sought to execute an agreement with the city containing a waiver of protest to annexation and the grant to the City Manager of a power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. The agreement shall contain a provision that the obligations and privileges contained therein shall run with the land and bind future owners of said land in the same manner as the applicant is bound therein. In addition, the agreement shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project applications or approvals or when in the opinion of the Director of Community Planning & Development, a substantial change or addition is made to the project. Following execution, such agreement shall be recorded by the City Clerk in the chain of title for such property in the records of the Thurston County Auditor.
C. Application fees as established by the City Council shall be paid upon the submittal of a signed Utility Extension Agreement requesting Reclaimed Water service for property outside the city; and
D. The cost of the Reclaimed Water extension shall be borne in whole by the applicant for Reclaimed Water services, subject to any provisions in effect at the time of connection for latecomer reimbursement; and
E. The applicant for Reclaimed Water service shall comply with all other provisions of this chapter.
(Ord. 6359, §1, 2005).
13.24.260 Service connection –No main in street
A. Whenever an applicant requests Reclaimed Water service to premises with no main in the adjacent street, a standard main must be installed as a prerequisite to connection to the city reclaimed water system. The standard main must be installed along the complete street frontage of the premises.
B. A standard main may be installed by any of the following methods:
1. The main may be installed at the expense of the owner by a competent contractor under the supervision and approval of the city engineer, in which case the city will contract with the owner to provide for the reimbursement of such owner and his assigns for a period of ten years by any owner of real estate who did not contribute to the original cost of such main and who subsequently taps onto the main for service of a fair pro rata share of the cost of construction of the main. The contract shall be recorded in the office of the Thurston County Auditor upon acceptance of construction of the main by the commission. Assessments after the expiration of the contract shall revert directly to the city.
2. If the premises lies within the corporate limits of the city, the owner may also elect to have the main installed by the formation of a local improvement district as prescribed by state law and the ordinances of the city.
(Ord. 6359, §1, 2005).
13.24.270 Main assessment rates
Whenever any Reclaimed Water main is hereinafter installed by the local improvement district method, the assessment rates to be charged to the property specially benefited shall be established by the City Council. Main assessments for that property not involved in a local improvement district or for those mains installed at city expense without the formation of a local improvement district shall coincide with the assessment rate fixed by the City Council for local improvement districts and the assessment shall be applied in the same manner as local improvement district assessments.
Whenever the city requires a main size larger than would be required to serve the adjacent property or, in the case of a subdivision or development, a main size larger than required to serve that development, the city shall participate in the cost of the main to the extent of the additional size required, provided the amount of such participation shall be established by the city engineer prior to the commencement of construction.
(Ord. 6359, §1, 2005).
13.24.280 All services to be metered
All service connections to the city Reclaimed Water system shall be metered and all meters shall remain the property of the city and any meter may be exchanged with another meter of similar kind as deemed necessary by the city engineer.
(Ord. 6359, §1, 2005).
13.24.290 Turning on reclaimed water
Whenever the owner or occupant of any premises connected with the city’s Reclaimed Water system desires to use Reclaimed Water, he/she shall notify the Director after complying with the requirements of this Chapter, and request that the Reclaimed Water be turned onto the premises. The owner shall leave his/her portion of a new service exposed in the trench until the water is turned on by the Director, when he/she shall immediately properly cover the pipe.
(Ord. 6359, §1, 2005).
13.24.300 Permission required to connect or turn reclaimed water on or off
No plumber or other person will be allowed to make connection with the city mains or make connection with any conduit, pipes, or any fixtures connected therewith, or to connect pipes that have been disconnected, or to turn Reclaimed Water on or off of premises without the permission of the Director.
(Ord. 6359, §1, 2005).
13.24.310 Notice required to have reclaimed water discontinued
Should it be desired to discontinue the use of Reclaimed Water supplied to any premises, notice must be given to the Director. The water will then be turned off and turned on again on application without charge.
(Ord. 6359, §1, 2005).
13.24.320 Service reconnection or transfer of service
When new buildings are to be erected on the site of the old ones, and it is desired to increase the size of or change the location of the old service connection, or where a service connection to any premises is abandoned or no longer used, the director may cut out or remove such service connection after which, should a service connection be required for the premises, a new service shall be placed only upon the owner’s making an application and paying for a new tap in the regular manner. When the service connection of any premises does not come from a main in front of the premises, the Director shall, when a main is laid in front of the premises, after notifying the owner or tenant thereof, transfer the service connection to the new main without charge, and at the same time cut out the old service connection.
(Ord. 6359, §1, 2005).
13.24.330 Charges to become lien
The city shall have a lien against premises to which Reclaimed Water has been furnished, which lien shall be in the amount and to the extent allowed by RCW 35.21.290 as the same now exists or may hereafter be amended. The lien shall be enforced in the manner allowed by RCW 35.21.300 as it now exists or may hereafter be amended.
(Ord. 6359, §1, 2005).
13.24.340 Payment of reclaimed water bills- -Delinquency Notification- -Service discontinued for nonpayment –Past due fees
Monthly and bimonthly statements of charges for Reclaimed Water service shall be due and payable at the office of the clerk-treasurer, or at such place or places designated by him/her, on the date established by the director of administrative services as set forth in Chapter 4.24 of this code. The statements shall cover service charges for the period shown thereon and shall be issued and forwarded by mail to the customer as soon as practical after the service period.
Delinquency and nonpayment of one or more Reclaimed Water service charges shall be sufficient cause for discontinuance of service by turning off the Reclaimed Water service to the premises notwithstanding the existence of any deposits made as provided in the Reclaimed Water Service Agreement or in Section 13.24.350. Reclaimed Water service shall not be turned on again until all charges, together with penalties set forth in Title 4 of this code for shutting off and turning on the Reclaimed Water and for delinquency notification are paid, or a satisfactory arrangement and agreement for payment of delinquent charges and penalties has been made with the water division.
(Ord. 6359, §1, 2005).
13.24.350 Cash deposit for water service
Meter consumers may be required to make a cash deposit with the water department, based upon the estimate of the monthly consumption through the meter as set forth in Title 4 of this code. The deposit shall be held by the water department until the severance of the contract, and shall be repaid to the customer after all claims against the premises have been fully paid.
Deposits for bimonthly customers, when required, shall be based upon the estimate of the bimonthly consumption.
(Ord. 6359, §1, 2005).
13.24.360 Reclaimed Water, Remedies for violations of Reclaimed Water Service Agreements
A. The Director shall have the authority to terminate service under a Reclaimed Water Service Agreement for any material breach of such agreement, including failure to pay for service.
B. As an additional concurrent penalty, any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
C. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6359, §1, 2005).
13.24.370 Allocation of funds
A. Any funds received by the director of administrative services in payment of water, sewer, garbage and/or stormwater charges shall be applied against said charges, if applicable, in the following priority:
1. Stormwater
2. Garbage;
3. Sewer;
4. Reclaimed Water;
5. Water.
B. No amount received shall be applied against any charge unless all higher priority charges are paid in full.
(Ord. 6359, §1, 2005).