Chapter 13.05
SELF-FUNDING MUNICIPAL WATER DEPARTMENT
Sections:
Article I. Introduction
13.05.010 Purpose.
13.05.020 Definitions.
Article II. Water Department
13.05.030 Water department established.
13.05.040 Superintendent – Appointment – Salary.
13.05.050 Superintendent – Duties.
13.05.060 Superintendent – Authority.
Article III. Service
13.05.070 Water service application – Conditions.
13.05.080 Approval of application for water service connection.
13.05.090 Accepted application considered.
13.05.100 Location change – Cost provisions.
13.05.110 Temporary water service.
13.05.120 Extensions – Petition procedure.
13.05.130 Tap size determination.
13.05.140 Service connection – Material and procedures.
13.05.150 Connection location.
13.05.160 Meter standards.
13.05.170 Meter vaults.
13.05.180 Town ownership of service pipe and connections.
13.05.190 Connection – Limitations.
Article IV. Use Regulations
13.05.200 Serviceability.
13.05.210 Shutoff.
13.05.220 Water use during fire emergency.
13.05.230 Water restrictions.
13.05.240 Customer’s responsibility.
13.05.250 Owner’s responsibility.
13.05.260 Responsibility for installation and maintenance of meters.
13.05.270 No charge to town for meter placement on private property.
13.05.280 Meter tampering.
13.05.290 Permit required for hydrant use.
13.05.300 Town correction of conditions caused by violation.
13.05.310 Fire protection – Nonliability of water department.
13.05.320 Town authority to make decision.
13.05.330 Enforcement authority of sheriff’s department.
13.05.340 Preference to customer during shortage.
Article V. Permits and Applications, Review and Approval
13.05.350 Permit needed.
13.05.360 Permit application – Forms and content.
13.05.370 Permit application – Review and approval.
13.05.380 Permit issuance.
13.05.390 Record keeping.
13.05.400 Licensed contractor when required.
13.05.410 Extension and connections in public areas.
13.05.420 Contractor work on town water system.
13.05.430 Safeguarding excavations.
13.05.440 Additional work – Approval required.
13.05.450 Disconnection or removal of service.
13.05.460 Water construction standards.
Article VI. Charges, Fees and Costs
13.05.470 Costs to property owner.
13.05.480 Installation charges.
13.05.490 Water system development fees.
13.05.500 Abandonment of service line.
13.05.510 Inspection fee.
13.05.520 Investigation fee.
13.05.530 Water use charges.
13.05.540 Latecomer charges.
Article VII. Cross-Connection
13.05.550 Purpose.
13.05.560 Procedures for control or elimination.
13.05.570 Service discontinued for failure to cooperate.
13.05.580 Backflow prevention assemblies required.
13.05.590 Approved backflow prevention assembly defined.
13.05.600 Exemptions.
13.05.610 Authority established – Maintenance standard established.
13.05.620 Inspection.
13.05.630 Permit required.
13.05.640 Applicability.
13.05.650 Interconnection with private water supplies prohibited.
13.05.660 Owner’s responsibility.
13.05.670 Cross-connections prohibited.
Article VIII. Inspection
13.05.680 Procedure.
13.05.690 Completion of work in public areas.
13.05.700 Backfilling of excavations.
Article IX. Water Department Contractors
13.05.710 License assurance.
13.05.720 Surety bond.
13.05.730 Liability insurance.
Article X. Enforcement
13.05.740 Service forfeiture.
13.05.750 Costs recovered.
13.05.760 Violation – Penalty.
Article I. Introduction
13.05.010 Purpose.
The purpose of this chapter is to set forth uniform regulations.
There is hereby created and established in the town of Skykomish a water utility system. Such water utility system is hereby established in accordance with the laws of the state of Washington to provide for and establish water utility rates and charges, the establishment of necessary indebtedness and to maintain and operate the water system. (Ord. 414 § 1, 2009; Ord. 327 § 1.1, 2003; Ord. 320 § 1.1, 2002)
13.05.020 Definitions.
Words and phrases used in this chapter, unless the same shall be contrary to or inconsistent with the context, shall mean as follows:
(1) “Approved backflow prevention assembly” means a device to counteract back pressures or prevent back siphonage. This device must appear on the list of approved devices issued by the Washington State Board of Health.
(2) “Backflow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the town.
(3) “Clerk” means the clerk-treasurer of the town of Skykomish or his/her authorized representative, deputy or agent.
(4) “Connection” to the town water system shall be considered any attachment or hook-up to a main line or lateral by a consumer or user of town water.
(5) “Council” means the town council of the town of Skykomish.
(6) “Cross-connection” means any physical arrangement where a public water system is connected, directly or indirectly, with any other non-drinkable water system or auxiliary system, sewer, drain conduit, swimming pool, hot tub, storage reservoir, plumbing fixture, swamp cooler, 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.
(7) “Domestic water” or “domestic water system” means that water and water system in which it is carried, which is for human consumption and normal household and business or industrial uses provided from the town’s supply.
(8) In Front of. A pipeline shall be considered to be “in front of” a parcel of property irrespective of which side of the street the pipeline is located on.
(9) “Licensed water/sewer contractor” means a contractor, licensed and bonded to do work incidental to the construction or repair of side sewers, and town water services under a permit issued by the town under the provisions of the town water and sewer use ordinances.
(10) “Occupant” means any person or owner in physical possession of the building or structure to which town water service is available.
(11) “Permit” means a permit issued in conjunction with any provision of this chapter, which permits shall be posted on the premises or shall be readily and safely accessible to the water distribution manager.
(12) “Person,” “customer,” or “owner” means any individual, firm, company, association, society, corporation or group.
(13) “Potable water” means water, which is satisfactory for drinking, culinary and domestic purposes and meets the Washington State Drinking Water Standards.
(14) “Premises” means any piece of land to which water is provided, including all structures, improvements, mobile homes and other facilities located on it.
(15) “Public place” or “public area” means any space dedicated to or acquired for the use of the general public.
(16) “Standard methods” means the current edition of Standard Methods for the Examination of Water and Wastewater; as jointly published by the Water Pollution Control Federation, American Water Works Association, and the American Public Health Association.
(17) “Standard plumbing codes” means the latest edition of the plumbing codes in the 2003 International Building Code.
(18) “Superintendent” means the certified water superintendent in responsible charge of the town water system as required per Chapter 70.119 RCW and Chapter 288-55 WAC or his/her authorized representative, deputy or agent.
(19) “Town” means the town of Skykomish.
(20) “Town water service” means the town of Skykomish public water system as defined in Chapter 248-55 WAC.
(21) “Uniform Plumbing Code (UPC)” means the latest edition of the Uniform Plumbing Code.
(22) “Water/sewer construction standards” mean the standards for construction of sewer and water lines and appurtenances, as promulgated by the water distribution manager and wastewater operator from time to time.
(23) “Water system extension” means any water system extension, or improvement to the town water system as set forth in Chapter 248-54 WAC. (Ord. 327 § 1.2, 2003; Ord. 320 § 1.2, 2002)
Article II. Water Department
13.05.030 Water department established.
A combined department of the water and sewer department of the town, which shall be known as the water department, is established. The officers and other employees shall consist of a superintendent and such other personnel, as the council may from time to time deem necessary for the efficient administration of the department. (Ord. 327 § 2.0, 2003; Ord. 320 § 2.0, 2002)
13.05.040 Superintendent – Appointment – Salary.
The superintendent of the water department and such other personnel as the town council may from time to time authorize shall be appointed by the mayor, subject to council approval and shall hold such appointment during the pleasure of the mayor. The superintendent and such other personnel as may be authorized shall receive such salary as the town council may determine. (Ord. 327 § 2.1, 2003; Ord. 320 § 2.1, 2002)
13.05.050 Superintendent – Duties.
The duties of the superintendent shall be to oversee, supervise and, when necessary, physically perform the operation and maintenance of the water system, and any new systems that may be established, in conformance with town policies. The superintendent shall be responsible for obtaining and maintaining all certifications as may be necessary or required in the performance of his/her duties. The costs of acquiring and maintaining such certifications shall be reimbursed by the water department. The superintendent shall at all times be subject to the direction and authority of the mayor or his/her designated representative. (Ord. 327 § 2.2, 2003; Ord. 320 § 2.2, 2002)
13.05.060 Superintendent – Authority.
(1) Right of Entry. The superintendent or his/her representatives, bearing proper credentials and identification, shall be permitted to enter upon any and all premises at all reasonable times for the purpose of inspection, observation, measurements, sampling and testing of town water services and the water supplied by such services and performing all other acts or duties required of him/her in accordance with the provisions of this chapter.
(2) Removal of Trees and Shrubs. The superintendent is authorized to cause the removal of any trees and shrubs from any public area, or the roots of any trees and shrubs which extend into any public area when such trees and shrubs or the roots thereof are causing damage to or are liable to cause damage to any town water system component or appurtenance. (Ord. 327 § 2.3, 2003; Ord. 320 § 2.3, 2002)
Article III. Service
13.05.070 Water service application – Conditions.
Any person desiring to have water service turned on or premises connected with the water supply system of the town shall make application to the clerk at Town Hall on printed forms to be provided for that purpose. Every application shall be made by the owner of the property to be benefited, or by his authorized agent, on which the water is to be used, and the applicant shall agree to comply with the rules and regulations established or that may be established from time to time; and shall further agree, as a condition precedent to the furnishing of water, that the town shall have the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates or for any other reason. (Ord. 327 § 3.0, 2003; Ord. 320 § 3.0, 2002)
13.05.080 Approval of application for water service connection.
The application for water service connection shall be approved or disapproved by the town council within 30 days after application is filed with the clerk by the owner of the property where any connection to the water system of the town is proposed to be made. The application for water connection shall be submitted in writing and shall contain the name and address of the property owner, the street address of the property and the legal description of the property where the proposed connection is to be made. (Ord. 327 § 3.1, 2003; Ord. 320 § 3.1, 2002)
13.05.090 Accepted application considered.
In case the premises of the application for water service are connected for service as a result of his application being accepted, an approved copy of the application for water service shall be considered as a contract in which the applicant agrees to abide by such rates, rules and regulations, and to pay all bills promptly. Such contract shall be subject to all the provisions of this chapter or any ordinances of the town of Skykomish relating to this subject as are in effect at the time of signing the application or as may be adopted thereafter by the town. (Ord. 327 § 3.2, 2003; Ord. 320 § 3.2, 2002)
13.05.100 Location change – Cost provisions.
When it is necessary for the convenience of the town or because of the installation of new water mains, or for any other reason, to change an existing domestic water meter, or domestic water service location, such new location shall be made at the cost and expense of the water department. (Ord. 327 § 3.3, 2003; Ord. 320 § 3.3, 2002)
13.05.110 Temporary water service.
(1) In the case of new construction, after the water application has been approved, and the fees paid in accordance with the provisions in this chapter, the water department shall, if requested, install a temporary water hook-up. Said water service shall consist of tapping the water main, installing of the service line and meter to the property line, and a hose bib attached to provide the applicant with water for construction. All costs of providing such temporary service plus a 15 percent administration fee shall be paid by the applicant.
(2) At such time as the applicant obtains a final inspection on his property and an occupancy permit has been issued, the water department shall install the water meter, meter box.
(3) During the construction period the applicant shall pay for the water used until such time as the occupancy permit is issued. (Ord. 327 § 3.4, 2003; Ord. 320 § 3.4, 2002)
13.05.120 Extensions – Petition procedure.
Extensions to water mains will be made only upon proper petitions to the town. The town shall have the right to reject such petitions. Approved petitioners shall pay the total amount of the costs to the town prior to installation of the main extension. (Ord. 327 § 3.5, 2003; Ord. 320 § 3.5, 2002)
13.05.130 Tap size determination.
The superintendent may determine the size of tap to be inserted into any water main and the size of service pipe under any application. Such connections shall be in compliance with the Uniform Plumbing Code (UPC). (Ord. 327 § 3.6, 2003; Ord. 320 § 3.6, 2002)
13.05.140 Service connection – Material and procedures.
All service connections, materials and labor procedures shall be in compliance with the UPC for northern climates. (Ord. 327 § 3.7, 2003; Ord. 320 § 3.7, 2002)
13.05.150 Connection location.
A connection to the water department’s main must be made on the same lot as is occupied in whole or in part by a building. Service pipes from a customer’s line shall not run to other lots. Private water pipes shall not run across alleys or streets. (Ord. 327 § 3.8, 2003; Ord. 320 § 3.8, 2002)
13.05.160 Meter standards.
All meters shall be of standard size and design and approved by the superintendent. (Ord. 327 § 3.9, 2003; Ord. 320 § 3.9, 2002)
13.05.170 Meter vaults.
Meter vault covers and curb covers shall be kept free of obstructions. (Ord. 327 § 3.10, 2003; Ord. 320 § 3.10, 2002)
13.05.180 Town ownership of service pipe and connections.
When an application has been made for a connection with the main, and after the charges shall have been paid, and after the applicant shall have run his pipes to a point where the meter box is installed outside of the property line, the service pipe and connections from the main to the curb cock shall be put in and kept in the exclusive control and ownership of the town. (Ord. 327 § 3.11, 2003; Ord. 320 § 3.11, 2002)
13.05.190 Connection – Limitations.
All requests for connections to any existing water line shall be made to the superintendent, and may be approved by him only if the line is installed in compliance with the UPC and the most recent rules and regulations of the UPC and State Board of Health of the State of Washington Regarding Public Water Supplies. (Ord. 327 § 3.12, 2003; Ord. 320 § 3.12, 2002)
Article IV. Use Regulations
13.05.200 Serviceability.
Water shall be turned on at the request of the owner or occupant of property. (Ord. 327 § 4.0, 2003; Ord. 320 § 4.0, 2002)
13.05.210 Shutoff.
The town reserves the right to at any time without notice shut off the water supply for repairs, extensions, non-payment of charges for use of water or any other necessary reason and the town will not be responsible for any damage from this cause such as bursting of boilers, pipes or other fixtures connected with the town water system. The town will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of pure water to the customers, and to avoid any shortage or interruption of delivery. The town will not be liable for high- or low-pressure conditions, chemical or bacteriological conditions, interruption or shortage of insufficiency of supply, or any loss or damage occasioned thereby. The use of water upon the premises of the customer is at the risk of the customer, and the responsibility to the town shall cease at the point of delivery. Unless otherwise specified in agreement, the point of delivery shall be the point where the town service line attaches to the customer’s line. In cases where a water shutoff is necessary for repair, reconstruction, improvements, damage prevention, or similar causes, the water department shall endeavor to give advance notices to its customers of such expected shut off. (Ord. 327 § 4.1, 2003; Ord. 320 § 4.1, 2002)
13.05.220 Water use during fire emergency.
It shall be a violation of this chapter for anyone to use water for sprinkling yards, streets, gardens or lawns during the progress of a fire in the town limits unless for protection of property. Violators shall have water cut off and not turned back on until a charge as stated in the current rate ordinance shall have been paid for turning water back on premises of violator. (Ord. 327 § 4.2, 2003; Ord. 320 § 4.2, 2002)
13.05.230 Water restrictions.
The town council and/or mayor are hereby authorized to limit the sprinkling of yards and streets to certain specified days of the week and/or hours per day. Violation of this limitation after public notice has been given will incur the penalty of $100.00 for the first offense and having the water cut off from the premises for additional violations. The standard reconnect fees will be charged if the water is cut off. (Ord. 327 § 4.3, 2003; Ord. 320 § 4.3, 2002)
13.05.240 Customer’s responsibility.
The water supply past the meter on said property shall be the customer’s responsibility and in no way is the town liable for any damage resulting from leaks, shutoff, etc. (Ord. 327 § 4.4, 2003; Ord. 320 § 4.4, 2002)
13.05.250 Owner’s responsibility.
The town water service, from the service tap at the main to the customer’s system at the building or point of use, shall be owned by the owner to the property served. However, any meter, remote readout, meter pit and covers, and meter risers shall be owned, maintained, repaired and tested by the town for all active service connections. Pressure-reducing valves shall be maintained solely by the owner. (Ord. 327 § 4.5, 2003; Ord. 320 § 4.5, 2002)
13.05.260 Responsibility for installation and maintenance of meters.
Water meters on domestic service shall be placed, installed and maintained by the water department, and shall remain the property of the town regardless of location. The location of the meter or meters used in measuring the customer’s use of water must be in a place satisfactory to the town before service will be supplied. Ordinarily, the meter will be installed outside the building and between the property line and the curb. Where meters are at present or may be installed within a building, the town will not be held responsible for damage from water seepage through the wall, nor from damages from leaking meters, pipes or fittings. (Ord. 327 § 4.6, 2003; Ord. 320 § 4.6, 2002)
13.05.270 No charge to town for meter placement on private property.
No rent or other charges whatever shall be made by the customer against the town for placing or maintaining meters upon the premises of the customer. (Ord. 327 § 4.7, 2003; Ord. 320 § 4.7, 2002)
13.05.280 Meter tampering.
It is unlawful for any person to tamper or interfere with any meter, readout or meter seal, or modify water services, or plumbing so water will not actuate the meter. If a meter under-registers the amount of water due to tampering with the meter and/or piping, or in other ways causing under-registering, the service may be discontinued, and will not be reconnected until the customer has made adjustment for twice the lost revenue and given satisfactory assurance that there will be no further tampering to cause under-registration. (Ord. 327 § 4.8, 2003; Ord. 320 § 4.8, 2002)
13.05.290 Permit required for hydrant use.
No unauthorized water shall be taken from fire hydrants in the town of Skykomish without a permit, for any type of use whether it is for construction or domestic use. This permit must be obtained from the town clerk, prior to use. The only exception to this chapter is for fire protection. Anyone reported using fire hydrant water for any means shall be subject to a fine of not less than $1,000 per day. (Ord. 327 § 4.9, 2003; Ord. 320 § 4.10, 2002)
13.05.300 Town correction of conditions caused by violation.
Any person who shall violate any of the provisions of this title shall become liable to the town for any expenses, loss or damage occasioned by the town by reason of such violation. (Ord. 327 § 4.10, 2003; Ord. 320 § 4.11, 2002)
13.05.310 Fire protection – Nonliability of water department.
The water department shall not be liable or responsible for any losses by fire by reason of any lack of supply of water or water pressure at the time of fire alarms or at any other time. Water is supplied for domestic and sprinkling purposes, not for fire protection to any consumer, and all contracts for water are made subject to this rule. (Ord. 327 § 4.11, 2003; Ord. 320 § 4.12, 2002)
13.05.320 Town authority to make decision.
The town council shall have the authority to decide any questions which may arise and which are not fully covered by any of the provisions of this title, and its decision in such cases shall be final. (Ord. 327 § 4.12, 2003; Ord. 320 § 4.13, 2002)
13.05.330 Enforcement authority of sheriff’s department.
It shall be the duty of the employees of the sheriff’s department to give vigilant aid to the water department in the enforcement of its rules and regulations, and the enforcement of this title, and to this end they shall report all violations thereof, which come to their knowledge, to the office of the water superintendent. (Ord. 327 § 4.13, 2003; Ord. 320 § 4.14, 2002)
13.05.340 Preference to customer during shortage.
In case of shortage of supply, the town reserves the right to give preference in the matter of furnishing service to customers, as in the judgment of its representative shall be for the best interests of the town, from the standpoint of public convenience and necessity. (Ord. 327 § 4.14, 2003; Ord. 320 § 4.15, 2002)
Article V. Permits and Applications, Review and Approval
13.05.350 Permit needed.
It is unlawful for any person to make any connection with, commence construction of, change the use of, or expand the use of any town water line or town water service or to make any water line extension without complying with all of the provisions of this chapter in relation thereto and having first procured a permit to do so from the town. (Ord. 327 § 5.0, 2003; Ord. 320 § 5.0, 2002)
13.05.360 Permit application – Forms and content.
Application for the permit for a town water service as required shall be filed with the town and shall include the following information:
(1) The name and address of the owner and the correct address and proper legal description of the property to be served;
(2) The building permit number, or the building official’s signature signifying that no permit is required;
(3) The dimensions and locations of any buildings on the property;
(4) The use for which the service is intended and the number of dwelling, office, commercial or other units on the property;
(5) The location of all sewer, drain, portable water, and non-portable lines within the property to be served or property through which the service must cross, with an acceptable easement;
(6) Construction specifications, including pipe, meter service, pressure reducer (where applicable), service stop and box, and corporation stop specifications and layout; along with the whole course of the town water service from the town water system to its connection with the building to be served and, if applicable, the whole course of the water extension from the existing town water system to its connection with the building water distribution pipe or properties to be served;
(7) Any other information, due to the particular circumstances of the property or use thereof, the town reasonably deems necessary to ascertain whether or not the permit should be issued. (Ord. 327 § 5.1, 2003; Ord. 320 § 5.1, 2002)
13.05.370 Permit application – Review and approval.
(1) The application shall be initiated and reviewed by the water superintendent.
(2) The application shall be submitted to the superintendent, who may change or modify the same and designate the manner and place in which such town water service shall be connected with the town water system, and shall endorse his/her approval upon the application if the same is acceptable to him/her. The superintendent may require the permittee to furnish him/her additional detailed plans and specifications pertaining to the application and issuance of the permit.
(3) The superintendent shall compute the system development fee and any latecomer fee due prior to the issuance of the permit. (Ord. 327 § 5.2, 2003; Ord. 320 § 5.2, 2002)
13.05.380 Permit issuance.
After review and approval as hereinabove required, the clerk shall, upon receipt of all fees, sign the application and issue the permit. (Ord. 327 § 5.3, 2003; Ord. 320 § 5.3, 2002)
13.05.390 Record keeping.
The superintendent shall prepare and keep on file in his/her office all records of town water service connections showing the information obtained in the course of inspection of the work completed under such permits. (Ord. 327 § 5.4, 2003; Ord. 320 § 5.4, 2002)
13.05.400 Licensed contractor when required.
(1) It is unlawful to construct, extend, relay, repair, change the use of, expand the use of, or to make connection to any town water service inside the property line without obtaining a permit from the town as hereinabove provided.
(2) The town may issue such permit to the owner or occupant of any property to construct, extend, relay, repair, change the use of, expand the use of, or make connections to any town water service inside the property lines; in such event, however, such owner or occupant shall comply with the applicable provisions of this chapter, except that he/she need not employ a licensed water/sewer contractor to do the work if he/she makes the installation him/herself. However, should the owner or occupant employ another person to construct, extend, relay, repair, change the use of, expand the use of, or make connections to any town water service, it must be a licensed contractor as set forth hereinafter, and such contractor shall secure the permit, but in such event the owner, occupant, or other person shall not lay pipe pursuant to such permit. (Ord. 327 § 5.5, 2003; Ord. 320 § 5.5, 2002)
13.05.410 Extension and connections in public areas.
It is unlawful for any person to construct a town water service or water extension or to make any connection to any town water system, or to lay, repair, alter or connect any town water service in any public area except by town utility personnel or a licensed water/sewer contractor as described hereinafter in this chapter. (Ord. 327 § 5.6, 2003; Ord. 320 § 5.6, 2002)
13.05.420 Contractor work on town water system.
No licensed water/sewer contractor shall alter, extend or tamper with any town water system component, except in accordance with the conditions of the permit, town ordinances, and the water construction standards. (Ord. 327 § 5.7, 2003; Ord. 320 § 5.7, 2002)
13.05.430 Safeguarding excavations.
It is unlawful for any person, whether owner, occupant, or licensed water/sewer contractor, to leave unguarded any excavation made in connection with the construction or repair of any town water service within four feet of any public place or fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any town water service. (Ord. 327 § 5.8, 2003; Ord. 320 § 5.8, 2002)
13.05.440 Additional work – Approval required
When a permit has been issued as herein provided, no work other than that covered by the permit shall be done without the approval of the superintendent; if the superintendent deems the additional work of sufficient consequence, a new permit may be required to cover the same. (Ord. 327 § 5.9, 2003; Ord. 320 § 5.9, 2002)
13.05.450 Disconnection or removal of service.
It is unlawful to disconnect any town water service, or remove any portion of a town water service without securing a permit from the superintendent to do so. The disconnected service shall be plugged at a point designated by and to the satisfaction of the superintendent. (Ord. 327 § 5.10, 2003; Ord. 320 § 5.10, 2002)
13.05.460 Water construction standards.
All work done to construct, extend, relay, repair, or to make connection to any town water service or water extension shall be carried out in compliance with the water construction standards. Copies of said standards will be available for inspection at Town Hall. (Ord. 327 § 5.11, 2003; Ord. 320 § 5.11, 2002)
Article VI. Charges, Fees and Costs
13.05.470 Costs to property owner.
There shall be a nonrefundable minimum fee of $50.00 for each town water service permit application and payable at the time of application. The application fee shall be amended by the superintendent at the time of final inspection to reflect the actual cost of providing the permitting service plus a 15 percent administrative fee and payable prior to use of the water service connection; except that there shall be no application fee for a permit to disconnect a service. (Ord. 327 § 6.0, 2003; Ord. 320 § 6.0, 2002)
13.05.480 Installation charges.
The charge for the physical installation of any part of a town water service within any public area by town utility personnel, as provided for in this chapter, shall be the actual cost of the labor, machine time, and materials plus a 15 percent administrative fee to cover overhead and billing. This charge shall be due upon completion of the work and paid prior to use of the water service connection. (Ord. 327 § 6.1, 2003; Ord. 320 § 6.1, 2002)
13.05.490 Water system development fees.
(1) A water system development fee must be paid in the following manner:
(a) Payment of five percent of the total fee prior to the issuance of the town water service permit, with the balance received prior to the final approval or use of the town water service; or
(b) Payment in accordance with a contract with the town, approved by the town council. Such contract shall include appropriate interest, a 15 percent administrative fee (nonrefundable) and a requirement that upon sale or transfer of any interest other than a leasehold interest in the property for which the permit has been granted, the entire remaining balance due for payment of the permit shall become immediately due and payable without further notice by the town.
(2) The water system development fee shall not apply to town owned properties or facilities. For rate fees see the current rate ordinance.
(3) As of the date of the adoption of this chapter, it has been determined that the current water system is fully developed therefore any new construction will be due to expansion of the town’s facilities.
(4) The payment of the cost of the installation of a connection from the town water system to the property line, or the installation and use of a seasonal irrigation line, shall not constitute the establishment of an existing service connection.
(5) Monies collected from the water system development fee shall be used solely to finance increases in the town water system capacity.
(6) The monies collected from the water system development fees may not be used to finance routine maintenance and repair activities or other expenses solely related to operation of the system. (Ord. 327 § 6.2, 2003; Ord. 320 § 6.2, 2002)
13.05.500 Abandonment of service line.
(1) Any property owner may voluntarily abandon their service line by written notice of their intentions to do so to the town. Such service line shall be deemed abandoned upon receipt of said notice, and physical abatement of the line as may be required in the town water use ordinance.
(2) If a service line is abandoned pursuant to this article, service charges to the property or building shall cease to accrue upon the effective date of the abandonment. However, abandonment pursuant to this article shall not relieve the owner of their obligation to pay the water utility balance due, prior to the date of abandonment. (Ord. 327 § 6.3, 2003; Ord. 320 § 6.3, 2002)
13.05.510 Inspection fee.
An inspection fee based upon the cost of providing the inspection plus a 15 percent administrative fee shall be charged by the town whenever any work for which a permit is required by this chapter has been commenced without first obtaining such permit. A special investigation shall be made before a permit may be issued for such work. (Ord. 327 § 6.4, 2003; Ord. 320 § 6.4, 2002)
13.05.520 Investigation fee.
(1) An investigation fee based upon the cost of providing the investigation plus a 15 percent administrative fee shall be charged whenever any work for which a permit is required by this chapter has been commenced without first obtaining such permit. A special investigation shall be made before a permit may be issued for such work.
(2) The investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. (Ord. 327 § 6.5, 2003; Ord. 320 § 6.5, 2002)
13.05.530 Water use charges.
(1) Water user charges shall be due starting six months from the date of issue of the first town water service permit to the owner, the first month water from the town water service is used, or the month in which an occupancy permit is issued, whichever occurs first, and shall be payable for the whole month at a rate determined by the town rate ordinance or contract rate if applicable.
(2) The water user fees are set in the most current rate ordinance.
(3) The service charges shall continue until the service is abandoned. (Ord. 327 § 6.6, 2003; Ord. 320 § 6.6, 2002)
13.05.540 Latecomer charges.
No permit shall be issued pursuant to this chapter until all latecomer charges, as might be required to be paid under contract with the town, have been paid. (Ord. 327 § 6.7, 2003; Ord. 320 § 6.7, 2002)
Article VII. Cross-Connection
13.05.550 Purpose.
The installation or maintenance of any cross-connection with the public water supply of the town of Skykomish is prohibited, except as authorized herein. Any such cross-connection now existing or hereafter installed is hereby declared subject to immediate termination of water service and any such cross-connection shall be abated immediately. (Ord. 327 § 7.0, 2003)
13.05.560 Procedures for control or elimination.
The control or elimination of cross-connections shall be in accordance with the provisions of the Washington Administrative Code (WAC 246-290-490). The policies, procedures, and criteria for determining appropriate levels of protection shall be in accordance with The Accepted Procedure and Practice in Cross-Connection Control Manual, as published by the Pacific Northwest Section, American Waterworks Association, May 1990, Fifth Edition, or any superseding edition. (Ord. 327 § 7.1, 2003)
13.05.570 Service discontinued for failure to cooperate.
The town of Skykomish shall deny or discontinue water service to any customer failing to cooperate in the installation, maintenance, testing, or inspection of backflow prevention assemblies required and as stated in WAC 246-290-490. (Ord. 327 § 7.2, 2003)
13.05.580 Backflow prevention assemblies required.
As a condition of new or continued water service, approved backflow prevention assemblies shall be installed and maintained by all customers who:
(1) Are industrial or commercial customers not entitled to an exemption under SMC 13.05.600.
(2) Operate commercial or residential fire sprinkler systems connected to their plumbing.
(3) Operate irrigation systems connected to their plumbing and the town’s system.
(4) Maintain cross-connections of their water system with air conditioning systems, medical apparatuses, or other devices or processes where chemicals or other objectionable substances may be siphoned into the water system.
(5) May not maintain efficient plumbing arrangements in their buildings.
(6) In the judgment of the town’s water manager, compromise the public health or safety. (Ord. 327 § 7.3, 2003)
13.05.590 Approved backflow prevention assembly defined.
“An approved backflow prevention assembly” means a backflow prevention assembly model approved by the state of Washington, department of health and the town of Skykomish. Unless an exemption is granted, the minimum requirement for a backflow prevention assembly shall be that it consist of a double-check valve assembly. The reduced pressure backflow assembly shall be installed at the service connection immediately downstream from the water meter prior to any branch connections. (Ord. 327 § 7.4, 2003)
13.05.600 Exemptions.
Vacuum breakers may be substituted for other backflow prevention assemblies required under this regulation where the town’s water manager determines that the circumstances and good engineering practices allow such substitution without compromising protection of water quality and public health. Where an industrial or commercial customer can demonstrate to the satisfaction of the town’s water manager that there are no cross-connections with the water supply on their premises and that no health hazard is posed by reason of the presence of toxic materials on the environment, the town’s water manager may grant the customer an exemption from the cross-connection requirements herein. Decisions made under this section shall be made at the sole discretion of the town’s water manager to carry out the cross-connection control programs of the town. Exemptions are subject to periodic review and may be revoked whenever a cross-connection is made or a risk to public health or water quality is present. (Ord. 327 § 7.5, 2003)
13.05.610 Authority established – Maintenance standard established.
The town’s water manager and such staff members as he or she may designate are delegated the authority to inspect, approve, and disapprove backflow prevention assemblies; to require corrections, modifications, repairs, or maintenance on backflow prevention assemblies and to inspect all premises of customers where backflow prevention assemblies may be required. A minimum standard for the maintenance and installation of backflow prevention assemblies shall be those set forth in the Accepted Procedures and Practice in Cross-Connection Control Manual, May, 1990, Fifth Edition, as published by the Pacific Northwest Section of the American Waterworks Association and any subsequent edition or amendment of said manual. The town’s water manager is authorized to establish higher standards for installation and maintenance of backflow prevention assemblies where he or she finds that good engineering practice, industry standards or the protection of public health requires such higher standards. (Ord. 327 § 7.6, 2003)
13.05.620 Inspection.
As a condition of continued water service, customers shall make their premises, including buildings and structures to which water is supplied, accessible to town personnel periodically to determine whether backflow prevention assemblies are required or are properly installed and maintained. Testing and inspections will be made annually. (Ord. 327 § 7.7, 2003)
13.05.630 Permit required.
Prior to the installation of irrigation systems and backflow prevention assemblies, the customer shall obtain a permit from the town for such installation. (Ord. 327 § 7.8, 2003)
13.05.640 Applicability.
The requirements herein for backflow prevention assembly installation shall apply even though building codes may not require backflow prevention assemblies. (Ord. 327 § 7.9, 2003)
13.05.650 Interconnection with private water supplies prohibited.
The town of Skykomish prohibits interconnection of private water supplies with the town’s distribution system. Auxiliary water supplies (private wells, piped irrigation sources, etc.) are a major cross-connection control hazard and therefore must be effectively isolated from the domestic water supply.
The town of Skykomish cross-connection control policies and requirements for customers with private wells are as follows:
(1) No backflow protection is required if the source is verified to be permanently inactive and abandoned in accordance with the requirements of the department of health.
(2) If the well remains active, an approved reduced pressure backflow assembly is required at the service connection to provide a measure of protection against inadvertent interconnection of the supplies.
New services will be locked off until the town of Skykomish verifies compliance. Visual inspection of piping is required for premises retaining active well systems. (Ord. 327 § 7.10, 2003)
13.05.660 Owner’s responsibility.
All backflow prevention assemblies are subject to annual inspection and testing. The cost of installation, annual performance testing, and any required maintenance of the backflow prevention assemblies is the responsibility of the property owner. (Ord. 327 § 7.11, 2003)
13.05.670 Cross-connections prohibited.
The installation or maintenance of any type of cross-connection within the town of Skykomish water distribution system is prohibited. Any such cross-connection now existing or hereafter installed is hereby declared subject to immediate termination of water service and is subject to a fine of not less than $500.00 per day.
A cross-connection means any physical arrangement where a public water system is connected, directly or indirectly, with any nondrinking water system or auxiliary system, sewer, drain conduit, or swimming pool, hot tub, storage reservoir, plumbing fixture, swamp cooler, 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 of the public water system as a result of backflow. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or to other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections. (Ord. 327 § 7.12, 2003)
Article VIII. Inspection
13.05.680 Procedure.
(1) No trench shall be filled or any town water service covered until the work has been inspected and approved by the superintendent. Any person performing work under a permit issued pursuant to this chapter shall notify the superintendent when the work will be ready for inspection. The superintendent shall make such inspection within 48 hours after receipt of notice, excluding Saturdays, Sundays, and holidays.
(2) When so directed by the superintendent, either the licensed water/sewer contractor or a competent representative shall be available to meet the superintendent on the premises for the inspections. In the case of town water services where the owner or occupant is doing the work, the owner, occupant or a competent representative shall be available to meet the superintendent on the premises for the inspections when so requested. (Ord. 327 § 8.0, 2003; Ord. 320 § 7.0, 2002)
13.05.690 Completion of work in public areas.
All work within the limits of any public area shall be prosecuted to completion with due diligence and, if any excavation is left open beyond a time reasonably necessary to fill the same, the superintendent may cause the same to be backfilled and the public area restored forthwith. (Ord. 327 § 8.1, 2003; Ord. 320 § 7.1, 2002)
13.05.700 Backfilling of excavations.
All excavations made by any person in any public area shall be made and backfilled in accord with this chapter and the water construction standards. (Ord. 327 § 8.2, 2003; Ord. 320 § 7.2, 2002)
Article IX. Water Department Contractors
13.05.710 License assurance.
(1) As a condition precedent to the installation of town water services or water line extensions, a contractor shall be approved in writing as a licensed water/sewer contractor by the water department.
(2) All water/sewer contractors shall be licensed and bonded in accordance with the requirements of the state of Washington. (Ord. 327 § 9.0, 2003; Ord. 320 § 8.0, 2002)
13.05.720 Surety bond.
The licensed water/sewer contractor applicant shall execute and deliver a surety bond in the amount of the contractor’s bid or amount specified by the water department, conditioned that he/she will perform all work in conformance with this chapter. (Ord. 327 § 9.1, 2003; Ord. 320 § 8.1, 2002)
13.05.730 Liability insurance.
(1) The licensed water/sewer contractor shall maintain a comprehensive liability insurance policy with minimum limits of $1,000,000 or as set forth in the water construction standards.
(2) The insurance policy or certificate of insurance in form satisfactory to the water department must be filed in Town Hall. The licensed water/sewer contractor shall provide that the following hold harmless agreement shall be covered by insurance, subject to the minimum limits of liability specified above, and that evidence of the covering of this hold harmless agreement be furnished:
The contractor shall protect, indemnify, and save the Town of Skykomish harmless from and against any damage, cost, or liability for injury or death to persons or to damage or destruction of property arising out of the work performed by the contractor.
(Ord. 327 § 9.2, 2003; Ord. 320 § 8.2, 2002)
Article X. Enforcement
13.05.740 Service forfeiture.
Any entity or person(s) who willfully and knowingly tampers, interferes or in any way hampers the operation and maintenance of the town of Skykomish water distribution, storage system and water meters shall forfeit the right to the use of the town of Skykomish water service. (Ord. 345, 2004; Ord. 327, 2003)
13.05.750 Costs recovered.
The responsible party(ies) shall pay direct costs to correct any damage done or maintenance work done directly or indirectly to the town of Skykomish water distribution and storage system because of hampering, blocking or interference with access to any part of the town of Skykomish water system including but not limited to the town wells, pumping facilities, water storage tank, water meters, fire hydrants, improvements, lawns, grass plots, flowers, vines, bushes or trees belonging to, connected with, or under the control of the water department of the town of Skykomish;
The responsible party(ies) shall pay all attorney and legal fees associated with any damage done or maintenance work done directly or indirectly to the town of Skykomish water distribution and storage system because of hampering, blocking or interference with access to any part of the town of Skykomish water system including but not limited to the town wells, pumping facilities, water storage tank, water meters, fire hydrants, improvements, lawns, grass plots, flowers, vines, bushes or trees belonging to, connected with, or under the control of the water department of the town of Skykomish. (Ord. 345, 2004; Ord. 327, 2003)
13.05.760 Violation – Penalty.
Any person who violates any provision of this article is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. (Ord. 345, 2004; Ord. 327, 2003)