Chapter 16.06
USE OF RECLAIMED WATER
Sections:
16.06.010 Use of reclaimed water encouraged—Rates.
16.06.030 Sewer connection required.
16.06.040 Connections—General facilities charge.
16.06.050 Reclaimed water availability not guaranteed.
16.06.060 Permissible uses of reclaimed water.
16.06.080 Reclaimed water shutoffs.
16.06.090 Extension agreements—Latecomers.
16.06.110 Cross-connection prohibited.
16.06.120 Conversion of water systems.
16.06.130 Lawn sprinkler specifications.
16.06.140 Reclaimed water meters.
16.06.150 Unlawful acts—Penalties.
16.06.010 Use of reclaimed water encouraged—Rates.
All persons within the reclaimed water service area are encouraged to use reclaimed water if feasible. To provide an incentive for such use, base and consumption charges for reclaimed water shall be as set forth in Chapter 15.28 for commercial potable water, except that the consumption rates shall be charged at fifty percent of the rate therein specified. Under the provisions of the regional water and wastewater plan, the city will provide water services to the Washington State Patrol and the Washington Corrections Center under a separate utility service agreement approved by the council. Rates and charges for water services applicable to the regional plan partners will be set forth in the agreement. (Ord. 1921-0518 (part), 2018; Ord. 1779-0211 § 1 (part), 2011)
16.06.020 Applications for reclaimed water connection—Criteria for service—Termination or modification.
A. Any person within the reclaimed water service area who desires to connect to the city’s reclaimed water facilities must file an application with the city’s public works department. The application shall specifically describe the planned use of the reclaimed water, the desired volumes, the design for connecting to the city’s facilities, and other information necessary to enable the city to determine whether to allow the connection. The public works director shall determine whether connection will be allowed based upon infrastructure capability, intended use, economic feasibility, environmental concerns, and other relevant factors.
B. Connections to the reclaimed water system are governed by Washington State regulations and the city’s five-year permit cycle with the Department of Ecology, and as such, are subject to modification and/or termination if necessary to comply with state action.
C. The city shall have the right to refuse or discontinue reclaimed water service when applicable city standards and codes have not been complied with in making any installation. (Ord. 1779-0211 § 1 (part), 2011)
16.06.030 Sewer connection required.
No person shall connect to the city’s reclaimed water facilities, or utilize the city’s reclaimed water through any source, unless the customer is already connected to the city’s sanitary sewer system or establishes a sewer connection concurrently with the connection to the reclaimed water facilities. (Ord. 1779-0211 § 1 (part), 2011)
16.06.040 Connections—General facilities charge.
A. The user shall be solely responsible for all costs of establishing the connection to the city’s reclaimed water facilities, including a charge for a meter as set forth in the adopted city fee schedule, the general facilities charge (GFC), and a charge for inspection of the service connection.
B. All connections are subject to inspection and shall conform to the city’s public works standards and plumbing codes.
C. Valves and customer-owned equipment are not permitted to be installed within the city’s reclaimed water system.
D. The city shall collect a general facilities charge (GFC) for each new customer’s equitable share of the system cost under RCW 35.92.025. The GFC shall be adopted by the council based on a professional rate study conducted by a qualified consultant and may be amended by the council as necessary. The GFC shall be subject to an adjustment equal to the average annual percentage increase provided in the Engineering News-Record (ENR) 20-Cities Construction Cost Index, using an October through September average increase to establish the adjusted rate(s); the fee shall not, in any case, decrease. The adjusted rate will automatically be effective January 1st of each year.
E. GFC charges shall be paid prior to the city’s issuance of the approved utility permit application, under the fee schedule that is in effect at the time of issuance.
F. If an applicant, as a condition of development approval, is required to build a qualified system improvement to serve the development project, a GFC credit shall be given, upon the applicant’s request, for the cost of the improvement, not to exceed the total amount of GFCs that would otherwise be due. A public improvement is considered a qualified system improvement when it is identified as a capacity improvement project on the current comprehensive or six-year capital improvement plan. Credits may be given in lieu of or in addition to a utility latecomer agreement under Chapter 35.91 RCW, at the developer’s option. Additional credits may be considered in the context of a development agreement under Chapter 36.70B RCW.
G. The city manager or designee may adopt policies as necessary to administer this section. (Ord. 2019-0124 § 4, 2024; Ord. 1779-0211 § 1 (part), 2011)
16.06.050 Reclaimed water availability not guaranteed.
The availability of reclaimed water fluctuates depending upon levels of use, influent and effluent levels at the satellite plant, and other factors outside the city’s control. Customers are not guaranteed the continuous availability of reclaimed water. (Ord. 1779-0211 § 1 (part), 2011)
16.06.060 Permissible uses of reclaimed water.
A. Reclaimed water may only be used in accordance with Water Reclamation and Use Standards issued by the Washington State Departments of Ecology and Health. Uses include, but are not limited to, commercial and industrial uses, irrigation, aquifer recharge, stream flow augmentation, water right mitigation, and environmental enhancement or mitigation.
B. Where fire service is available, no rates will be charged for reclaimed water used in extinguishing fires of incendiary or accidental origin. (Ord. 1779-0211 § 1 (part), 2011)
16.06.070 Bills.
Customers must establish a reclaimed water account with the city’s finance department before the city will activate the connection with the reclaimed water facilities. Charges for reclaimed water will be added to customers’ combined utility bills. Customers may appeal the amount of a reclaimed water bill under the procedure contained in Section 15.28.120. (Ord. 1779-0211 § 1 (part), 2011)
16.06.080 Reclaimed water shutoffs.
A. In case of emergency, or whenever the public health, safety, or the equitable distribution of reclaimed water so demands, the city may alter, reduce or limit the time for, or temporarily discontinue any person’s use of reclaimed water.
B. Reclaimed water service may be temporarily interrupted for purposes of making repairs, extending service, or performing other necessary work.
C. The city is required to interrupt reclaimed water service to customers when reclaimed water is not meeting Class A requirements defined in the city’s reclaimed water permit, Number ST6216, from the Washington Department of Ecology.
D. The city will not be responsible for any damage resulting from the interruption, alteration or failure of reclaimed water service. (Ord. 1779-0211 § 1 (part), 2011)
16.06.090 Extension agreements—Latecomers.
Any person wishing to extend the city’s reclaimed water facilities shall enter into a utility extension agreement with the city. The city reserves the right to refuse proposed extensions on the grounds that they are not feasible, practical, economically prudent, or environmentally appropriate. Any extensions to the reclaimed water facilities shall be dedicated to the city. Persons who extend the city’s reclaimed water facilities may request reimbursement through a latecomer agreement consistent with Chapter 17.14. (Ord. 1856-0814 § 3, 2014: Ord. 1779-0211 § 1 (part), 2011)
16.06.100 Inspections.
Duly authorized and properly identified city employees shall have the right to access any customer’s property at any reasonable time for the purpose of inspecting the reclaimed water supply, piping and plumbing; inspecting, testing or repairing city equipment; and for reading reclaimed water meters. Reclaimed 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 reclaimed water is provided by the city prevents or restrains authorized city personnel from making necessary inspections. (Ord. 1779-0211 § 1 (part), 2011)
16.06.110 Cross-connection prohibited.
A. Prior to connecting a use to the reclaimed water system, the public potable water supply shall be protected by installation of an approved cross-connection control assembly in accordance with the Water Reclamation and Reuse Standards published jointly by the Washington State Department of Health and Ecology (1997), or subsequent revisions.
B. The reclaimed water distribution system shall include special considerations to avoid cross-connections with the potable water system, in accordance with the Water Reclamation and Reuse Standards published jointly by the Washington State Departments of Health and Ecology (1997), or subsequent revisions. The following features shall be included in reclaimed water systems to protect the public health:
1. Reclaimed water distribution systems shall be constructed with purple pipe (Pantone 522 or other shades of purple acceptable to review agencies) and embossed or integrally stamped or marked “CAUTION: RECLAIMED WATER – DO NOT DRINK” or be installed with a purple (Pantone 522 or other shades of purple acceptable to review agencies) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less.
2. Square valve box covers painted purple (Pantone 522 or other shades of purple acceptable to review agencies) to distinguish from potable water system valve boxes.
3. Purple strip on street curb to identify reclaimed water customer.
4. Reclaimed water meters color-coded with tape to distinguish from potable water meters (where applicable). Meters, covers and meter box covers should be cast to indicate reclaimed water. (Ord. 1779-0211 § 1 (part), 2011)
16.06.120 Conversion of water systems.
The city encourages conversion of existing potable water systems to reclaimed water systems. Once the system has been converted to allowable uses with reclaimed water, it may not be converted back to a potable water system. A user shall be required to install reclaimed water markings and signage to ensure public awareness and protection. (Ord. 1779-0211 § 1 (part), 2011)
16.06.130 Lawn sprinkler specifications.
A. A lawn sprinkler system connected to any city reclaimed water connection shall be sized, installed, properly permitted, and inspected as required by the city’s plumbing code.
B. Reclaimed water service may be refused for existing lawn sprinkler systems that are not installed in accordance with the city’s plumbing code and for systems that may present a danger to the operation of the city’s reclaimed water supply system.
C. All lawn sprinkler connections shall comply with applicable state and local cross-connection control rules and regulations. (Ord. 1779-0211 § 1 (part), 2011)
16.06.140 Reclaimed water meters.
A. All connections to the reclaimed water facilities shall be metered. All meters shall be the property of the city and shall be removed only by authorized city personnel.
B. Whenever the owner of any premises desires to change the size of a meter, an application shall be made to the city and, upon approval, the exchange will be made at the expense of the owner.
C. The city will notify the owner or occupant of the serviced premises whenever a meter is overloaded and demand exceeds its rated capacity to the extent that the meter may become damaged. After evaluating the premises requirements, the city shall advise the owner or occupant of what size meter is necessary to give proper service without damage to the meter. At no charge, the city shall provide an estimate of costs to install a larger meter. If the owner or occupant does not make the required deposit for installation of the larger meter within thirty days after the date of notice, then the city may choose to either install the proper size meter and charge the total cost to the owner’s account or discontinue service.
D. The city will maintain and repair all reclaimed water service meters and will periodically replace meters when a meter is rendered unserviceable due to ordinary use.
E. When replacement or repairs to any meter are necessary because of the willful act, neglect or carelessness of the owner or occupant of the premises served, all expenses for such replacement shall be borne by the owner or occupant of such premises. Failure to pay any of the expenses incurred shall result in disconnection of reclaimed water service to the premises until such expenses are paid.
F. If the customer discovers and repairs a leak in a timely manner, the customer may, upon submission of proper documentation to the city of such repairs, request a credit for up to four months of excess consumption. A determination of the applicable credit amount is at the sole discretion of the city. (Ord. 1779-0211 § 1 (part), 2011)
16.06.150 Unlawful acts—Penalties.
A. It is unlawful for any person, except an authorized city employee, to activate or deactivate the reclaimed water supply to any premises by using the city’s shutoff valve. Upon discovery that an illegal activation or deactivation has occurred, the city may disconnect the reclaimed water service to the responsible customer’s property until all costs including any damage costs have been paid to the city by the responsible customer.
B. It shall be unlawful for any person to willfully disturb, break, deface, damage, or trespass upon any property belonging to or connected with the city’s reclaimed water facilities. Any person causing damage to any property belonging to the city shall be liable to the city for any and all damage resulting both directly or indirectly therefrom. In addition, any person who violates this subsection shall be guilty of a misdemeanor. A conviction of a misdemeanor shall be punishable by a fine of no more than one thousand dollars or by imprisonment in jail for no more than ninety days or both such fine and imprisonment.
C. It shall be unlawful for any person to store, maintain goods, merchandise, materials or rubbish within a distance of five feet of any part of the city’s reclaimed water facilities, including a reclaimed water meter, gate, valve, or other appurtenance of reclaimed water service, connection, reclaimed water main, or fire protection service. All such materials may be removed by the city and the costs of removal charged to the violator.
D. It shall be unlawful for any person to interfere with the access or operation of the city’s reclaimed water facilities, or to discharge any matter into the facilities except that which is normally discharged in the course of regular reclaimed water service use.
E. The city may discontinue or refuse reclaimed water service because of failure to pay for service or failure to comply with state or local law.
F. Any violation of this title, if deemed a threat to the health and safety of the citizens of Shelton, constitutes a separate civil offense and shall be deemed a nuisance. The city may utilize any civil remedy available under state or local law, including injunctive relief. (Ord. 1779-0211 § 1 (part), 2011)