Chapter 13.24 WATER UTILITY SERVICE

The rates and regulations set forth in this chapter are established for the control of the municipal water supply system of the city. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005)

13.24.020 Definitions.

For the purpose of this chapter, the words or phrases defined in this section shall have the following meanings:

A. “Authorized personnel” includes city and East Pierce Fire and Rescue personnel and other individuals with express written permission from the city of Sumner.

B. “City” means the city of Sumner, Washington, or as indicated by the context may mean the public works department, public works director, water superintendent, clerk-treasurer, engineer or other employee or agent representing the city in the discharge of his (her) duties.

C. “City engineer” means the city engineer of the city. Any act in this chapter required or authorized to be done by the city engineer may be done on behalf of the city engineer by an authorized employee of the city.

D. “Council” means the city council of the city of Sumner.

E. “Development Specifications and Standard Details” means those standard specifications and details which have been prepared by the city engineer and included by reference in the water system plan adopted by the city council. The Development Specifications and Standard Details are applicable to public works construction, construction of systems that will be owned and/or maintained by the city, or construction of systems that will connect to the city’s system.

F. “Equivalent residential unit (ERU)” is a system-specific unit of measure used to express the amount of water consumed by a typical full-time single-family residence.

G. “Hearing examiner” shall mean the city’s hearing examiner as governed by chapter 2.58 SMC.

H. “Hydrant meter assembly” refers to a device that can be installed on a fire hydrant for the purpose of measuring nonemergency water use and providing backflow prevention.

I. “Mains” means potable water lines designed or used to serve more than one premises.

J. “Person,” “customer,” “owner,” “occupant,” or “agent,” wherever used in this chapter, means and includes natural persons of either sex, associations, co-partnerships 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.

K. “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.

L. “Public hydrant” refers to any fire hydrant situated and maintained to provide water for firefighting purposes without restriction as to use or with restrictions as to use as authorized by the city.

M. “Service connection” means the piping and related appurtenances, including the connection, from a Sumner water main to the property/right-of-way line for the purposes of providing water to a single residence or building. A service connection includes 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. The definition of service connections shall include connections for fire protection as well as for domestic, commercial and industrial uses.

1. A regular service includes all material, pipe, valves, meter, meter box, meter yoke and stop from the water main to the right-of-way line of the street or alley.

2. A duplex service is the same as a regular service described in subsection (J)(1) of this section, except that the service will terminate with two meters, two yokes and accessories.

3. A pretapped and preplumbed service includes a service for which only a meter is required to complete the installation of the service; the balance of the service being previously constructed by the owner of the premises in his behalf.

4. A pretapped service includes a service for which a yoke and accessories plus a meter and meter box are required to complete the installation of the service.

N. “Standard or permanent mains” means mains conforming to the standard specifications of the city with respect to materials and minimum diameter.

O. “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.

P. “Superintendent” means the superintendent of the public works department of the city. Any act in this chapter required or authorized to be done by the superintendent may be done on behalf of the superintendent by an authorized employee of the water department.

Q. “Water service area” shall mean the city’s water service area depicted in the most recently adopted water system plan. (Ord. 2914 § 1, 2024; Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005)

13.24.030 Application for service – Procedures.

All applications for the use of water must be made at the permit center in City Hall on printed forms to be furnished by the public works department for that purpose; the applications must be made by the owner of the property, or his agent duly authorized to make the same, to whom the water is to be furnished. The applicant shall state fully all purposes for which the water may be required and must agree to conform to the rules and regulations applicable to water service and any modifications thereof that may be established from time to time as a condition for the use of the water. Water will only be provided within the city’s established water service area and any provision of water hereunder shall be in accordance with, and subject to, all provisions of the city’s most recently adopted water system plan, the terms of which are specifically incorporated herein. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005)

13.24.040 Reserved.

Repealed by Ord. 2529. (Ord. 2356 § 4 (part), 2011: Ord. 2219 § 1, 2007; Ord. 2119 § 1 (part), 2005)

13.24.050 Rendering and payment of bills.

A. If, for reasons beyond its control, the city is unable to read the customer’s meter on the scheduled reading date, the city may bill the customer for estimated consumption during the billing period, subject to adjustment at the time the meter is next read. Water consumption will be estimated if one or more of the following conditions exist:

1. Severe weather;

2. Deposits of heavy snow or ice;

3. Vicious dog;

4. Some unusual circumstance which makes it impossible to read the meter, such as a vehicle parked over the meter box or construction.

B. Any facility/building that is connected to the water system and is habitable, whether occupied or not, and regardless of whether the water service is on or off, shall pay the minimum monthly service charge.

C. Each meter on a customer’s property will be considered separately, and the readings of two or more meters will not be combined.

D. The monthly service charge applicable to opening periods, closing bills and bills rendered for periods less than 30 days will be prorated. The measured amount of water actually served will not be prorated.

E. Protests to Rates and Charges and Meter Tests.

1. If any customer is dissatisfied with any water charge imposed, including any system development charge, the customer may file a written protest with the utilities division setting forth the customer’s objections, provided such protest is filed within 15 days of receipt of the bill or other request for payment being protested.

2. Upon receipt of any such protest, the city shall within 15 days make a determination in writing as to the correctness of the bill or charge.

3. If the customer is dissatisfied with the city’s decision, the customer may then file a written appeal to the city’s hearing examiner; provided, such appeal is filed in writing within 10 days of receipt of the city’s decision, and contains a statement of the customer’s objection(s). A condition precedent to such appeal is the payment to the city of the amount of the disputed bill. Upon the filing of a complete written notice of appeal of the city’s decision, an appeal hearing before the hearing examiner shall occur within 30 days, unless circumstances outside of the city’s control warrant an extension, or by mutual agreement of the customer and the city.

4. A customer may request that the city test the meter at the service address in question. The customer or his representative may be present at the time of the test which shall be set at the time and date mutually agreed upon. In any case, the test shall be performed within 10 days of the request. A report showing the results of the test will be developed within 15 days after completion of the test. Upon request, the city will mail a copy to the customer. At no point will the billing adjustments go back any further than six months.

a. Nonregistering Meters. When, upon a test, a meter is found to be nonregistering, the city may bill the customer for water consumed while the meter was nonregistering for a period not exceeding three months at an estimate of the consumption based upon the customer’s prior use during the same season of the previous year or upon another customer of the same class. In all cases, if it is found that the error in a meter is due to some cause, the date of which can be fixed, the overcharge or undercharge will be computed back to, but not beyond, such date. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2620 § 2, 2017: Ord. 2529 § 3 (part), 2015: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.045)

13.24.060 Reserved.

Repealed by Ord. 2529. (Ord. 2356 § 4 (part), 2011: Ord. 2285 § 1, 2009: Ord. 2119 § 1 (part), 2005. Formerly 13.24.050)

13.24.070 Alteration of use.

No person supplied with water from the city’s water system shall be entitled to use it for any purpose other than that stated in their application, nor add any significant number of fixtures or supply in any way or for any purpose other premises or facilities without first securing a permit to do so from the public works department. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.060)

13.24.080 Comprehensive water system plan.

The public works director is authorized and directed to prepare and update as required a comprehensive plan for the city water supply and distribution system and to recommend to the city council the standards for development and improvement of the system to provide adequate water supply for domestic and industrial consumption and fire protection. The plans shall be on file at the offices of the public works department and shall include:

A. Main sizes required on all existing city streets;

B. Main sizes required outside the corporate limits in those areas which are being served by city water;

C. Main sizes and approximate location for future major distribution mains;

D. The location and construction standards for all water works facilities including, but not limited to, mains and appurtenances, reservoirs, pump stations and water supplies including springs, wells and any possible surface supplies;

E. The plan shall state present water demands and supply capabilities. It shall present projected water needs and supplies. The plan shall include a water conservation element;

F. Such other information as may be deemed necessary by the city engineer or the city council;

G. The plan shall contain all information and analysis required for a water system comprehensive plan by the Washington State Department of Health in accordance with WAC 246-290-100 and is to be submitted to them for their review and approval;

H. The comprehensive plan will encompass the design of all water works facilities in the city. The city council shall cause the plan to be updated every six years or as required to keep the plan current and ahead of the development of the city;

I. The comprehensive plan will contain policies for the provision of water within the city’s water service area. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.070)

13.24.090 Bond required.

A. Building Service – Street Restoration Bond. No permit shall be issued under the provisions of this chapter for any disturbance of the right-of-way until the applicant therefor executes and delivers the city street restoration bond, or an assignment of funds in lieu of bond, in the sum of $5,000, or 120 percent of the cost of the project, whichever is greater, with surety approved by the city treasurer conditioned on the faithful performance of the provisions of this chapter. The bond shall be conditioned that the applicant acting under the permit shall restore said street, alley, public place or right-of-way to its former condition within the time specified by the city engineer or designee. Such bond shall further be conditioned to indemnify and hold harmless the city from any and all judgments, costs or expenses arising from injuries or damage to any person or property on account of such work. Such bond shall remain in full force and effect for a period of one year following final project approval.

B. Water Main and Appurtenances – Performance and Payment Bond. No permit shall be issued under the provisions of this chapter until the applicant therefor executes and delivers to the city a bond, or an assignment of funds in lieu of bond, in the sum of $5,000, or 120 percent of the cost of the project, whichever is greater, the form to be approved by the city attorney, and with surety approved by the city treasurer conditioned on the faithful performance of the provisions of this chapter. The bond shall be conditioned that the applicant acting under the permit shall complete all improvements as shown on the construction plans as approved by the public works department. Such bond shall further be conditioned to indemnify and hold harmless the city from any and all judgments, costs or expenses arising from injuries or damage to any person or property on account of such work. Such bond shall remain in full force and effect until final project acceptance by the Sumner city council.

See Chapter 1 of the Sumner Development Specifications for additional information regarding final project acceptance.

C. Water Main and Appurtenances – Maintenance and Defect Bond. After satisfactory completion of the improvements and prior to release of the performance and payment bond by the city, the developer/contractor shall commence a two-year maintenance and defect period where the improvements are maintained and operated by the city of Sumner. A cash or surety bond to be used at the discretion of the public works department to correct design and/or workmanship defects and maintenance deficiencies affecting public health, safety, and welfare shall be posted and maintained throughout the two-year maintenance period by the applicant. The amount of the bond shall be 20 percent of the actual construction cost of the public improvements. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011)

13.24.100 Liability insurance.

All contractors performing work within any existing city right-of-way shall have a valid permit covering the work and shall be currently licensed and bonded with the state of Washington and the city during the course of the work.

In addition to required bonds, all permittees or their contractors shall maintain a liability policy for the duration of the permit in the amount of not less than $1,000,000 for bodily injury liability (for each occurrence) and for not less than $1,000,000 for property damage liability (for each occurrence). Such insurance shall include the CG 20 12 endorsement naming the city of Sumner, its officers and employees as specifically named additional insureds, and the project site address and city project/permit number shall be included in the project description. The permittee shall not reduce or cancel the liability policy without 30 days’ written prior notice to the city. Permittees shall present the city with a certificate of insurance before the city shall issue any permit.

See Sumner Development Specifications and Standard Details, Chapter 1, for additional information regarding insurance requirements. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011)

13.24.110 Design standards.

Design standards shall be in accordance with the Sumner Development Specifications and Standard Details. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.090)

13.24.120 Inspection and acceptance.

No work shall be covered up until it has been inspected and accepted by the public works department. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011)

13.24.130 Ownership of mains and service connections.

A. The ownership of all mains, service connections and appurtenances in public streets or utility right-of-way shall be vested fully in the city 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 final acceptance by the city; provided, however, that all private systems existing at the time of the passage of the ordinance codified in this chapter shall remain under private ownership unless dedicated to the city under the provisions of this chapter.

B. The city shall own, operate, control and maintain all approved accepted water system mains and appurtenances in public streets or utility right-of-way up to and including meter, but shall not be responsible beyond the meter. The owner of the property served shall be responsible for maintenance for all pipe and fittings from the meter to his premises; provided, however, that any payment or partial payment that may be made by the applicant according to the rates in this chapter shall not in any manner affect the city’s ownership of the pipe, fittings and meter, or its right to handle the same in any manner deemed advisable. 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 public works department. The materials and workmanship in constructing private water services from the meter to within five feet of the building shall be the same as that required for the city-owned portion within the right-of-way. Both new and replacement services shall be inspected by the public works department and as-built drawings showing the location, depth, size and type of pipe and appurtenances shall be kept on file at the office of the public works department. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.110)

13.24.140 Renewal of service.

A. Credits for Demolished Sites. Following legal demolition, or destruction of a structure by no fault of the owner, the water service connection will be discontinued and a credit will be assigned to the property against system development charges based on the previous service meter size(s) connected to the demolished or destroyed structure. This credit is exclusively applicable to redevelopment and remains valid for a period of no more than 10 years from the date service was removed. Failure to submit a complete building permit application within a 10-year period following discontinued water service shall result in the expiration of any credit or credits, and the redevelopment of the property will be subject to all applicable fees and charges in place at the time of permit application submittal.

B. Other Discontinuation. Except as otherwise outlined in this chapter, water service that is discontinued for any reason other than described above will not be entitled to any service credit and will be subject to all applicable fees and charges for a new connection or re-connection. (Ord. 2881 § 2, 2024; Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.120)

13.24.150 Shut-off of service.

Should it be desired to discontinue the use of water supplied to a premises for a period of not less than 30 days and not more than 180 days, notice in writing must be given to the city’s utilities clerk; upon receipt, the water shall be turned off. The water shall be turned on again on written application. Said service shall be provided by city staff at no cost to the customer. This service is provided for “snowbirds” or people on extended vacation or leave and desire that the water be shut off at the curb. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.130)

13.24.160 Suspension of service.

In the event of a shortage of water, the city’s mayor has the authority to forbid, suspend or regulate the use of water for irrigation and sprinkling purposes. If the mayor exercises this authority and issues such an order, notice of the order shall be provided by publication in the city’s official newspaper or other news media. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.140)

13.24.170 Administration and enforcement.

The public works director has the authority to administer and enforce this chapter. Any infraction or abridgement of this chapter shall be brought to the attention of the city attorney and public works director and at their recommendation corrective measures shall be taken. Failure to correct any deficiencies or defects shall result in termination of water service until corrections are made. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.150)

13.24.180 Access to premises for inspection.

Authorized, properly identified, employees of the public works department shall have reasonable access at reasonable hours of the day to all parts or premises or within buildings thereon to which water is supplied from the city water system for the purpose of checking conformity to these regulations. Whenever the owner of any premises supplied by the city’s water system denies reasonable access for authorized city employees from making necessary inspections, water service may be discontinued after giving written notice. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.160)

13.24.190 Service connection – General requirements.

Except as provided in this section, no premises shall hereafter be connected to the city’s water supply system unless there is an adjacent standard main under the ownership and exclusive control of the city.

A. When a permit has been obtained for installing a water service, the public works department shall cause the premises described in the application to be connected with the water system by a service pipe extending at right angles from the main to the property line, and including a stopcock and water meter placed within the right-of-way, which connection shall thereafter be maintained by and kept within the exclusive control of the city.

B. Except as provided in SMC 13.24.250, every separate premises supplied by the city’s water system must have its own separate meter and the premises so supplied will not be allowed to supply water to any other premises. The city engineer or their designee may require individual buildings on any premises to be separately metered.

C. All persons connecting to city service shall be required to use only materials conforming to the Sumner Development Specifications and Standard Details. Plumbing on premises shall conform to the Uniform Plumbing Code (UPC).

D. Before water will be turned on to the premises connected to city mains, the service pipes must be inspected and accepted by the public works department. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.170)

13.24.200 Permit and review fees.

A nonrefundable permit fee shall be collected at the time of permit issuance. Said fee shall cover all costs of administration, plan review, inspection, purity tests and preparation and filing of as-builts. Pressure test and backflow test are the responsibility of the applicant or his/her contractor. Fees related to site development permits for water system improvements shall be calculated as follows:

A. Base Permit Fee.

• Residential water service permit: $195.00;

• Commercial or industrial water service permit: $225.00;

• Fire hydrant: $195.00;

• Fire sprinkler system connection: $250.00;

• Cross-connection control:

• Residential irrigation system: $125.00;

• All other systems: $175.00.

B. Plan Review Fee.

• One hour x current engineering burdened rate (minimum);

• In-house plan review fee: Hours x current engineer burdened rate;

• Third-party review fees as billed to the city, including city administrative costs.

C. Inspection Fee.

• Two hours x current inspector burdened rate (minimum);

• ([[# LF Water/250] x 4] + 10) x current inspector burdened rate;

• Additional inspection as warranted: Number of hours x current staff burdened rate.

The total fee for permit approval shall be the sum of the above elements. Plan review fees shall be accrued until the construction plans are approved for construction. Accrued plan review fees shall be paid regardless of whether a permit is issued. Inspection fees shall be accrued until final project approval and shall be assessed to the permittee as they are accrued.

Burdened rates for city staff are actual salaries plus benefits with a 1.25 multiplier to cover indirect costs. City staff burdened rates are specified in the Sumner utility rate and fee schedule. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2348 § 2, 2011; Ord. 2339 § 3, 2010; Ord. 2119 § 1 (part), 2005. Formerly 13.24.180 (part))

13.24.210 Permit – Time limitations.

Permit time limitations shall be as established in chapter 15.74 SMC. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011)

13.24.220 Permit – Renewal fees.

Permit renewal fees shall be as specified in chapter 15.74 SMC. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011)

13.24.230 System development charges.

It is the city’s policy that all property owners seeking to connect to the city water system shall bear their equitable share of the cost of the general facilities of such system. The city therefore sets the following schedule for system development charges (SDC):

A. Residential and Accessory Dwellings.

1. Single-family dwellings needing no more than a three-quarter-inch meter are considered one equivalent residential unit (ERU).

2. Each and every unit per building in multifamily dwellings including duplexes and triplexes on up are considered as three-quarters of an ERU.

3. Accessory dwellings as defined in SMC 18.12.030 shall be considered 0.5 ERUs.

B. System development charges for commercial establishments shall be assessed based on the required meter size as established in the Sumner utility rate and fee schedule.

C. System development charges for connections for industrial zoned and interchange commercial zoned parcels shall be based on 3.5 ERUs per acre with the number of acres calculated from the total parcel area.

In the event the amount of water needed by the industrial customer should exceed 3.5 ERUs per acre, the city shall calculate and charge the SDC based on actual anticipated water use.

D. Outside the city limits, permit and system development charges for service shall be 25 percent higher.

E. The system development charge funds collected under this chapter shall be deposited in the utilities capital asset fund and used only for utility system improvements.

F. System development charges may be paid either: (1) upon the approval of a building permit application and prior to any construction, or (2) deferred according to subsection (G) of this section.

G. Deferral of Payment of System Development Charges. An applicant for a building permit or site development permit may request a deferral of the full system development charge payment until final inspection or 18 months from the date of original permit issuance, whichever occurs first. Deferral of system development charges, and the application process for a deferral, shall be in accordance with the provisions and requirements of SMC 3.50.115(A)(1) through (11) as currently written or hereafter amended.

H. Effective October 1st of each year, the SDC shall be adjusted according to the Seattle Construction Cost Index (SCCI). The schedule of system development charges for the water is specified in the Sumner utility rate and fee schedule, as amended from time to time, available online and at City Hall. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2711 § 5, 2019: Ord. 2660 § 3, 2018; Ord. 2473 § 2, 2014; Ord. 2417 § 2, 2012; Ord. 2368 § 2, 2011: Ord. 2356 § 4 (part), 2011: Ord. 2348 § 2, 2011; Ord. 2339 § 3, 2010; Ord. 2119 § 1 (part), 2005. Formerly 13.24.180 (part))

13.24.240 Service connection fee.

The cost of the actual construction of a water service connection including meter and meter box shall be borne by the applicant. The city’s water utility staff will tap all city-owned mains for services up to and including a two-inch diameter. Charges for this service are a lump sum amount based on the average cost for said work. Service connection fees are presented in the Sumner utility rate and fee schedule. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011)

13.24.250 Temporary service connections.

A. Water service may be supplied to a premises on a temporary basis during construction of a building on the premises or during the construction of a standard main to serve such premises. Application for temporary service shall only be approved upon payment of all fees and assessments required by this chapter. This application shall state fully the purposes for which temporary service is necessary. All costs necessary to install and remove such temporary service shall be paid by the applicant. All temporary service shall be metered.

B. Upon completion of the work for which the temporary service was necessary, the owner shall immediately apply for permanent service to such premises and the temporary service shall be removed. Failure to obtain permanent service shall be cause for immediate discontinuance of water supply to the premises. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.190)

13.24.260 Service connection – Wholesale consumers.

A. The city council may, at its discretion, authorize water service to a community or a number of individual users to be furnished through a common master meter upon finding that service through individual meters is not practical. Where authorized the cost of such installation, including the meter and maintenance of the system, shall be at the expense of the consumer.

B. When, in the opinion of the city engineer, the condition or operation of such wholesale consumer system has deteriorated to a point of repair, the city engineer or his or her designee shall notify the consumer in writing and repairs shall be undertaken immediately by the consumer. If the consumer does not diligently undertake to repair the system, the city shall have the option to discontinue service.

1. Where 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.

2. Application for 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 city engineer or his or her designee may deem necessary.

3. Such consumers shall file detailed plans with the public works department of their systems in such form as specified by the city engineer or his or her designee. Such consumer shall, prior to commencement of work, submit for the approval of the city engineer or his or her designee similar information with respect to all construction or modifications which add to, reduce or alter the water system.

4. 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.

5. The ownership of the water system including the common meter shall be vested in the consumer and the operation, repair, expansion and renewal of such system shall be the responsibility of the consumer. The city’s responsibility shall terminate at the common meter.

6. Such systems shall be isolated from the Sumner water system by an approved backflow prevention device as required per the Washington State Department of Health and/or as deemed necessary by the public works department.

7. Any violation of the procedures required by this section shall be cause for immediate discontinuance of service to such system by the city. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.200)

13.24.270 Service to other governmental units.

The city council may, in its discretion, enter into an agreement with any other municipal corporations or governmental units for the purpose of obtaining or providing any service relating to water supply as provided by law. The terms of each agreement shall be established by the city council. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.210)

13.24.280 Substandard mains.

No substandard or temporary mains shall hereafter be installed and connected to the water supply system of the city. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.220)

13.24.290 Service connection – No main in street.

Whenever an applicant requests 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 water supply system. Applicant shall bear all costs for said extension. The work shall comply with all current requirements of the Sumner Development Specifications and Standard Details and the water system plan promulgated by the public works department at the time of application for a permit. The standard main must be installed along the complete street frontage to the farthest property line of the parcel being serviced in accordance with the comprehensive plan or as deemed necessary to the public works department to facilitate extension of said water main to accommodate future development. Applicant shall be responsible for construction of the water mains to the far limits of the property to accommodate future extensions. Such need shall be determined by the city engineer or his or her designee. Applicant may request the following for partial reimbursement and/or assistance in financing the improvement, but the city is not obligated except as provided by state law:

A. The main may be installed at the expense of the owner by a competent contractor licensed in the state of Washington to do such work under the supervision and approval of the city engineer or his or her designee, in which case the city may contract with the owner to provide for the reimbursement to such owner and his assigns for a period not to exceed 15 years by any owner of real estate who did not contribute to the original cost of such main and who subsequently taps onto said main for service of a fair pro rata share of the cost of construction of such main in accordance with the requirements of chapter 13.40 SMC. The latecomer reimbursement agreement shall be recorded in the office of the county auditor upon acceptance of construction of such main by the city council.

B. If the premises lie within the corporate limits of the city, the owner may request to have the main installed by the formation of a local improvement district as prescribed by state law and the city ordinances. In accordance with state law and city ordinances, the city council has final authority to determine whether the city will accept the request and form a local improvement district. The city is not obligated to form a local improvement district. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.230)

13.24.300 All services to be metered.

All service connections to the city water system except connections for fire suppression systems shall be metered and all meters shall remain the property of the city and, when deemed necessary by the public works department, any meter may be exchanged with another meter of similar kind.

A. Water meters shall be sized to provide adequate domestic water to the customer. Minimum water meter sizes shall ordinarily be determined from the number of dwelling units within a multiplex served as follows:

1. One unit, three-quarter-inch meter;

2. Two through five units, inclusive, one-inch meter;

3. Six through 20 units, inclusive, one-and-one-half-inch meter.

B. All requests for service to 10 or more dwelling units in a multiplex through a single meter shall be subject to review and approval of the city engineer or his or her designee.

C. Water meters for services larger than 20 units shall be sized in accordance with the Uniform Plumbing Code.

D. Provisions for an on-site fire flow system shall include a valve with indicator post. Drawings for and installation of such on-site fire flow system shall be subject to approval of the fire marshal.

E. Replacement of existing water meters shall comply with minimum sizes listed in this section. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.240)

13.24.310 Connection and turn-on, turn-off – Permission.

No plumber or other person will be allowed to make a connection with the city mains or make a connection with any conduits, pipes or any fixtures connected therewith, or to connect pipes that have been disconnected, or to turn water on or off of premises, or to make a private connection to, or otherwise take water from, a fire hydrant within the city’s water service area except for the purpose of extinguishing a fire without the prior authorization of the public works department and without having first been issued a permit, where applicable. Unauthorized connection to a fire hydrant without having first complied with this section shall be subject to the penalties outlined in SMC 13.24.340. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.250)

13.24.320 Service reconnection, other than provided in SMC 13.24.140.

When new buildings are to be erected on the site of the old ones, and it is desired to increase the size of, or the owner desires to change the location of, the old service connection, the public works department may cut out or remove such service connection after which, should a service connection be required for such 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 such premises, the public works department 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. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.260)

13.24.330 Backflow prevention devices.

Backflow prevention devices shall be installed by the owner of the property being served when in the judgment of the city engineer or his or her designee the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection does not exist at the time the backflow prevention device is required to be installed. The type of protection device shall be in accordance with the Development Specifications and Standard Details and the Washington State Department of Health requirements. The installation and annual testing of the protective device shall conform to the provisions of the rules and regulations of the State Board of Health regarding public water supplies as set forth in RCW 43.20.050 and WAC 246-290-490. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.270)

13.24.340 Illegal turn-on – Penalty.

Should the owner or occupant of the premises turn on the water or suffer or cause it to be turned on after it has been turned off at the meter by a city representative, it may be turned off by a representative of the public works department and an additional charge of $60.00 shall be made for the penalty of turning it off in addition to any other rates or charges associated with the water usage. If the owner or occupant of the premises turns on the water service for a second time, without approval by the city, a charge of $100.00 shall be made for the penalty of turning it off in addition to any other rates or charges associated with the water usage. If for any reason the meter or other city equipment is damaged due to the negligence or willful destruction of property, the owner will be responsible for the cost of any replacement of damaged equipment and the actual cost incurred by the city to do the repair. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2529 § 3 (part), 2015: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.280)

13.24.350 Discontinuance and restoration of service.

A. Discontinuance of Service by Customer – Nonemergency.

1. A customer may have service discontinued by giving not less than five days’ advance notice thereof to the city. Charges for service shall be required to be paid until the requested date of discontinuance or such later date as will provide not less than the required five days’ advance notice.

2. When such notice is not given, the customer may be required to pay for service until five days after the city has knowledge that the customer has vacated the premises or has otherwise discontinued water service.

B. Discontinuance of Service by Customer – Emergency. When an emergency discontinuance is requested by the customer for such reasons as leaks, burst pipes, etc., the city will make every effort to shut off the service as quickly as possible. In an emergency situation, charges will not be made for one visit to shut off the service and one visit to restore the service. Each return visit to the customer’s premises will require payment of $15.00 per visit, which the city will add to the monthly bill.

C. Discontinuance of Service by City.

1. Noncompliance With Chapter. The city may discontinue service to any customer for violating the provisions of this chapter after having provided the customer at least five days’ written notice of such intention. Where the safety of water supply is endangered, or the discontinuance is precipitated by an order from the Washington State Department of Health, service may be discontinued immediately without notice.

2. Waste of Water. Where negligent or wasteful use of water exists on or from a customer’s premises, the city may discontinue the service if such practices are not remedied within five days after it has given the customer written notice to such effect.

3. Unsafe Apparatus or Where Service Is Detrimental to the City or Its Customers. If any unsafe or hazardous condition is found to exist on the customer’s premises, or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the city or its customers, the service may be discontinued without notice. The city will notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

4. Fraudulent Use of Service. When the city discovers that a customer has obtained service by fraudulent means, or has diverted the water service for unauthorized use, the service to that customer may be discontinued without notice. The city will not restore service until that customer has complied with all ordinances and reasonable requirements of the city, the city has been reimbursed for the full amount of the service rendered and the city’s actual cost incurred because of the fraudulent use has been fully reimbursed.

D. Restoration of Service.

1. Reconnection Charge. Where service has been scheduled for discontinuance for violation of this chapter, for nonpayment of bills, or for any other reason, the customer will incur a charge of $75.00 for reconnection of service during regular working hours. When the disconnection occurred for nonpayment of bills, the account must be paid in full, including all reconnection charges, before service will be restored. When the customer requests reconnection of service outside of regular City Hall working hours, an additional $200.00 shall be charged for a total of $275.00.

2. During times of excessive heat defined by the National Weather Service issuing a heat related alert for the city of Sumner such as an excessive heat warning, a heat advisory, an excessive heat watch or similar alert, customers may request utility reconnection provided they enter into a payment plan as described by applicable law.

3. To Be Made During Regular Working Hours. The city will endeavor to make reconnections during regular working hours on the day of the request, if conditions permit; otherwise, reconnections will be made on the regular working day following the day the request is made.

4. To Be Made at Other Than Regular Working Hours. When a customer requests that the reconnection be made outside regular working hours, the city will reasonably endeavor to so make the reconnection if practicable under the circumstances but will be under no obligation to do so, unless an emergency exists.

5. If for any reason the meter or city equipment is damaged due to the negligence or willful destruction of property, the owner will be responsible for any penalty as described in SMC 13.24.410, plus the cost of any replacement of damaged equipment and actual costs incurred by the city to do the repair.

E. Conditions for Refusal. The city may refuse or discontinue service under any of the following conditions:

1. If the applicant fails to comply with this chapter or any provision of the city’s most recently adopted comprehensive water system plan;

2. If the intended use of the service is of such a nature that it will be detrimental or injurious to existing customers;

3. If, in the judgment of the city, the applicant’s installation for utilizing the service is unsafe or hazardous or subject to freezing, or of such a nature that satisfactory service cannot be rendered;

4. Where service has been discontinued for fraudulent use, the city will not serve an applicant until it is determined that all conditions of fraudulent use or practice have been discontinued.

F. Notice to Customer. When an applicant has been refused service under the provisions of this section, the city will notify the applicant promptly of the reason for the refusal to serve and of the right of the applicant to appeal the decision to the city’s hearing examiner by filing a written notice of appeal with the city’s public works director, within 10 business days of receipt of the city’s determination to refuse water service. An appeal hearing before the hearing examiner shall thereafter occur within 30 days, unless circumstances outside of the city’s control warrant an extension, or by mutual agreement of the customer and the city.

G. Continuity of Service.

1. Emergency Interruptions.

a. The city will make reasonable efforts, in accordance with prudent utility practice, to prevent interruptions to service, and, when such interruptions occur, will endeavor to establish service without unreasonable delay, consistent with the safety of its customers and the general public.

b. The city will not be liable for interruptions, shortage, insufficiency of supply, any loss or damage of any kind occasioned thereby, if same is caused by act of God, fire, strike, riot, war, accident, breakdown, action by governmental agency or other cause beyond the control of the city.

2. Scheduled Interruptions. Whenever the city finds it necessary to schedule an interruption to its service, it will, within 24 hours, where feasible, notify all customers to be affected by the interruption, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the customers consistent with reasonable city operations.

3. Apportionment of Supply During Times of Shortage. During times of threatened or actual water shortage, the city will apportion its available water supply among its customers as directed by the mayor. In any event, it will apportion the supply in the manner that appears most equitable under the circumstances then prevailing, and with due regard to public health and safety. (Ord. 2859 § 1, 2023; Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2529 § 3 (part), 2015; Ord. 2356 § 4 (part), 2011: Ord. 2218 § 1, 2007; Ord. 2119 § 1 (part), 2005. Formerly 13.24.290)

13.24.360 Monthly metered service rates within the city’s water service area other than irrigation.

A. The schedule of rates for the water facilities and service furnished by or through or for the use of the city water system are specified in the Sumner utility rate and fee schedule. The rates for water supplied outside the city limits shall be an additional 15 percent of the computed inside rate. The monthly rate for each customer shall be the applicable monthly service rate, plus the commodity charge. Said rates are effective January 1, 2011, and include utility taxes.

B. The applicant shall determine the meter size by using the current building code and Uniform Plumbing Code.

C. The city shall place a meter on every service and charge the metered rate as provided herein and in the Sumner utility rate and fee schedule.

D. Each and every commercial, industrial, multifamily and institutional building served by the water system that has 5,000 square feet or more of floor area shall pay a monthly standby fire protection fee. The monthly fire protection service fee shall be in accordance with the Sumner utility rate and fee schedule as currently adopted or amended assessed per each 1,000 square feet of floor area calculated to the nearest 1,000 square feet for all buildings with 5,000 square feet or more of floor area. Said fee shall be charged whether the building has an active water metered service or not. As long as the building stands, fire protection is needed and the property owner will pay said fee. There is no charge to a building having a floor area less than 5,000 square feet. The monthly fire protection service fee is specified in the Sumner utility rate and fee schedule. (Ord. 2875 § 2, 2024; Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2333 § 2, 2010: Ord. 2119 § 1 (part), 2005. Formerly 13.24.300, 13.24.310)

13.24.370 Metered service for irrigation – Rates and policies.

A. Services to supply water for irrigation shall be metered and properly sized as determined in SMC 13.24.360(B).

B. Since irrigation of lawns, gardens, parks, etc., is seasonal, the base rate charge each month (12 months each year) for the size of meter shall be 50 percent of the base rate stated in the Sumner utility rate and fee schedule. Volume charges and the out-of-city surcharge are the same as stated elsewhere in this chapter.

C. Proper backflow prevention devices are required on all irrigation services as set forth in the cross-connection policies of the city.

D. Deduct meters may be installed downstream of the main meter for irrigation services. Deduct meters shall be supplied by the city and installed according to the Sumner Development Specifications and Standard Details and all cost of materials and labor to install such meters shall be borne by the applicant. There is no system development fee charge for deduct meters. Main service meters shall be sized to meet the flow requirements of both irrigation and domestic demand. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.320)

13.24.380 Charges to become lien.

The city shall have a lien against the premises to which water has been furnished, which lien shall be in the amount and to the extent set forth in RCW 35.21.290 as the same now exists or may hereafter be amended. The lien shall be enforced in the manner set forth in RCW 35.21.300 as it now exists or may hereafter be amended. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.330)

13.24.390 Violation – Notice.

Any persons known to be violating any provisions of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.340)

13.24.400 Violation – Penalty.

Any person who continues any violation beyond the time limit provided for in SMC 13.24.390 is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000 or sentenced up to 90 days in jail or both for each violation. Each day in which any such violation continues shall be deemed a separate offense. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.350)

13.24.410 Violation – Liability to city.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.360)

13.24.420 Reserved.

Repealed by Ord. 2914. (Ord. 2743 § 1 (Exh. A) (part), 2020: Ord. 2356 § 4 (part), 2011: Ord. 2119 § 1 (part), 2005. Formerly 13.24.370)

13.24.430 Hydrant usage and regulation.

A. Installation and Use of Hydrant Meter Installation and Use of Hydrant Meter Assembly.

1. Other than authorized personnel, persons requiring the use of water from a fire hydrant such as construction, special events, or temporary water service shall obtain a hydrant meter permit.

2. Upon approval of the permit, the city will provide a hydrant meter assembly for use while the permit is active. The hydrant meter assembly remains the property of the city.

3. Permitees may install and remove the city-provided hydrant meter assembly on fire hydrants throughout the city. Permittees shall make the hydrant meter assembly available for inspection upon city request.

4. The permitee is responsible for ensuring the hydrant meter assembly remains undamaged and secure throughout its use.

5. Authorized personnel may access fire hydrants as necessary to perform their duties. Such access does not require prior approval or permit from the city.

B. Water Infrastructure and Hydrant Meter Assembly Deposits and Rates.

1. A deposit and any associated fees shall be paid prior to issuance of the hydrant meter assembly. The deposit may be used by the city to cover any replacement, damage or repair costs to water infrastructure or provided hydrant meter assembly, including failure to return the hydrant meter assembly.

2. The user shall be charged monthly base and consumption rates for water usage based on the volume of water used. Rates for water usage shall be in accordance with the Sumner utility rate and fee schedule.

C. Prohibited Actions.

1. It is unlawful for any person to:

a. Attach any pipe, hose, or other device to a hydrant without authorization.

b. Use hydrants for any nonauthorized purpose, including filling swimming pools, pressure washing, or other private uses.

c. Damage or tamper with any hydrant or hydrant equipment.

d. Use a hydrant meter assembly that was not provided by the city.

2. Any unauthorized connection or use of a hydrant shall result in immediate disconnection and possible penalties as outlined in SMC 13.24.340 and 13.24.390.

3. In addition to civil penalties and fines listed in SMC 13.24.340 and 13.24.390, any person causing damage to a fire hydrant or associated equipment shall be liable for the cost of repairs and any water usage and loss incurred by the city. (Ord. 2914 § 1, 2024)