Chapter 15.08
GENERAL PROVISIONS
Sections:
15.08.020 Creation of water utility.
15.08.050 Water service required.
15.08.060 Hydrants—Authorized use.
15.08.070 Emergency interruption of service—Interruption in service.
15.08.090 City not liable for damages.
15.08.010 Purpose.
The purpose of this title is to establish fees for service, and general rules and regulations for the service and extension of service from the water system of the city, and to promote the public health, safety, and general welfare of the users of the water system, in accordance with standards established by the city, county, state and federal government. (Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003)
15.08.020 Creation of water utility.
For the purpose of carrying out the provisions of this title, there is created and established a water utility for the city. The city council is authorized to make funds available by appropriation, borrowing, or by other means, in accordance with laws of the state, for the establishment, maintenance, and operation of the water utility. (Ord. 1921-0518 (part), 2018; Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003)
15.08.030 Applicability.
The provisions of this title shall apply to all water services provided by the city, and to all work performed that relates to the city’s water system. (Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003)
15.08.040 Inspections.
A. Duly authorized and properly identified city employees shall have the right to access any customer’s premises at any reasonable time for the purpose of inspecting the water supply, piping and plumbing; inspecting, testing or repairing city equipment; and for reading water meters.
B. Water service may be refused or discontinued, or a reduced pressure principle backflow assembly may be installed at the owner’s expense, whenever the owner of any premises to which water is provided by the city prevents or restrains authorized city personnel from making necessary inspections. (Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003)
15.08.050 Water service required.
A. Definitions.
1. An “exempt well” is one that is exempt from the permitting requirements of the State Department of Ecology pursuant to RCW 90.44.050.
2. “Timely and reasonable water service” means that the city can immediately supply enough water to meet the estimated demand of a property applying for a new water connection, once a connection has been made from the property to the city’s water system. The existence of a water main within three hundred feet of the property shall constitute dispositive evidence that the city can provide timely and reasonable service, unless unique topographic features make installation of water service cost prohibitive. However, the fact that no water main lies within three hundred feet shall not be dispositive as to whether the city can provide timely and reasonable service, because applicants for water service may reasonably be required to install water facilities, including water mains, at their own expense and collect reimbursements through latecomer agreements pursuant to Chapter 35.91 RCW.
B. Subject to subsection D of this section, the owners of each lot or parcel of real property within the city’s water service area shall, in conjunction with an application for a building permit, apply for connection to be made at their own expense between the city’s water system and each premises, building or structure requiring a building permit. A building permit application shall not be deemed complete, and a building permit shall not be issued, until the complete application for a water connection has been accepted by the city and determined to conform to all application requirements.
C. No person or corporation shall, after the effective date of the ordinance codified in this chapter, drill, install, or cause to be drilled or installed an exempt well within the city unless the hearing examiner finds that connection to the city water system is not required pursuant to subsection H of this section. Such action shall be grounds for an immediate stop work order. Any violation of this section or of the stop work order shall subject the offender to civil and criminal penalties pursuant to Sections 15.32.050 and 15.32.060.
D. This chapter is not intended to restrict the right of a property owner to continue use of an existing exempt well, if the exempt well was supplying water to that property as of April 1, 2008.
E. Exempt wells shall be decommissioned according to the regulations promulgated by the Washington State Department of Ecology within ten days of the property owner making a connection to the city water system. The connection to the city’s water system shall be made in accordance with all lawful requirements and at the property owner’s sole expense.
F. No service connection shall be allowed between the city’s water system and any lot or parcel of real property supplied by an existing exempt well unless all cross-connection controls are in place according to Section 15.08.080 of the Shelton Municipal Code.
G. Outside City Limits. Owners of parcels or lots outside city limits may request utility extension according to Chapter 17.10 of the Shelton Municipal Code.
H. Appeals. Pursuant to Chapter 2.36, an applicant may appeal to the hearing examiner any requirement that he or she connect to the water system by completing in full the notice of appeal form supplied by the public works department, supplying a copy of the same to the city clerk’s office, and paying all applicable appeal fees. The public works department shall be responsible for the appeal process. Such appeals shall be filed no later than fifteen calendar days following the applicant’s filing of the application for a building permit. The hearing examiner shall hold a public hearing and issue a written decision pursuant to Chapter 2.36. The hearing examiner may find that an applicant is not required to connect to the water system only if he or she finds that either: (1) an existing exempt well was supplying water to the property as of April 1, 2008; or (2) the city cannot provide timely and reasonable water service to the premises, building or structure for which a building permit is required. (Ord. 1712-1207 § 1 (part), 2008)
15.08.060 Hydrants—Authorized use.
It is unlawful for any person, other than authorized fire and public works personnel of the city, to operate fire hydrants and hose outlets, unless proper arrangements have been made for payment for such use and permission has been granted by the city. (Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003. Formerly 15.08.050)
15.08.070 Emergency interruption of service—Interruption in service.
A. In case of emergency, or whenever the public health, safety, or the equitable distribution of water so demands, the city may alter, reduce or limit the time for, or temporarily discontinue any customer’s use of water. Water service may be temporarily interrupted for purposes of making repairs, extending service, or performing other necessary work.
B. Before altering, reducing, limiting or interrupting the use of water, the city will notify, insofar as is practicable, all water customers affected.
C. The city will not be responsible for any damage resulting from the interruption, alteration or failure of the water supply service. (Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003. Formerly 15.08.060)
15.08.080 Cross-connection.
A. The standards for control or elimination of cross-connections shall be in accordance with the Washington Administrative Code (WAC 246-290-490) as now or hereafter amended. The director of public works may establish administrative policies and procedures as necessary to implement the provisions of this section and amend as necessary to comply with state statutes.
B. Any such cross-connection now existing or hereafter installed is declared a nuisance and shall be abated immediately. Water service will be discontinued to any premises for failure to comply with the provisions of this section.
C. Furnishing water service is contingent upon the customer providing cross-connection control approved by the city for protecting the city water supply from backflow. (Ord. 1788-0811, 2011: Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003. Formerly 15.08.070)
15.08.090 City not liable for damages.
A. The city shall not be liable for damages, nor will allowances be made for loss of production, sales or service, in case the city’s source of water supply or means of distribution fails or is curtailed, suspended, interrupted or interfered with, or for any cause unless the city shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by any law of this state. Any such pressure variation, failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the city, or in any way affect any liability for payment for water made available on or before the date of such occurrence.
B. The city shall not be liable for any personal or property damage caused by any failure of the city’s water system except where such failure is due to the sole negligence of the city. (Ord. 1712-1207 § 1 (part), 2008: Ord. 1611-0104 § 2 (part), 2004: Ord. 1581-0103 § 2 (part), 2003. Formerly 15.08.080)