Chapter 13.25 UTILITY SERVICES

The services provided by the Utility shall include domestic water, sewer and appurtenances. Additional services may be provided upon approval by the Utility Authority and ratification by the Board. [Ord. 76 § 5.01, 12-6-2004 (Res. 2004-467)].

13.25.020 Public relations.

Any person filing a complaint or seeking information shall be given assistance in a courteous manner. Complaints may be presented in writing to the Utility Authority for resolution and action. The Utility Authority will address such complaints at the next regularly scheduled meeting of the Authority. [Ord. 76 § 5.02, 12-6-2004 (Res. 2004-467)].

13.25.030 Water service.

The Utility Authority is responsible to provide safe, adequate water for a fee to those houses, businesses and institutions connected to the mainlines of the community water system. Responsibility for maintenance will include water sources, storage tanks, controls, mainlines, valves and hydrants, and service lines to the curb stops only. The service line from the curb stop or meter to the house and interior house plumbing are the responsibility of the customer. The individual household water meters are owned by the Utility Authority and it is the responsibility of the Utility Authority to maintain the meters. [Ord. 76 § 5.03, 12-6-2004 (Res. 2004-467)].

13.25.040 Meters required for new service connections.

All new service connections hereafter to any community water system owned by the Tulalip Tribes are required to install a water meter. All meters for the measurement of utility services provided shall be installed in accordance with the requirements of the Utility in such locations as the Utility shall direct. All such meters shall be the property of the Utility and shall be maintained by it. All meters shall remain accessible to Utility personnel and no person shall obstruct or tamper with any meter. Such obstruction or tampering shall be a violation of this title and subject the violator to actual damages and civil penalties under this title. The assignee of the property on which the meter is located shall be responsible for all damage or tampering with such meter. [Ord. 76 § 5.04, 12-6-2004 (Res. 2004-467)].

13.25.050 Meters required for existing service connections.

All existing service connections on the Tulalip water system which are not already metered shall be metered by the Utility. The cost of metering these connections shall be borne by the property owner. The property owner can pay the full cost of meter purchase and installation within three months of notice by the Utility of this meter requirement or the property owner can elect to pay a $15.00-per-month surcharge including 12 percent annual interest on top of their normal monthly water rate until the cost of meter purchase and installation is paid for. Property owners can arrange to make advance payments on these costs at the option of the Utility. Notice provision of this section can be made through the monthly billing statements or through separate correspondence at the option of the Utility.

Property owners that pay the full cost of their meters in advance will receive meters within three months of that payment. Property owners that pay for their meters through monthly charges will receive their meters when the Utility has obtained enough funding to finance the purchase and installation of the meters in that portion of the water system.

The meters required under TTC 13.25.040 and this section will not be read and the property billed based on metered water usage until the Utility determines that there are a sufficient number of meters to make charging by a metered rate cost-effective. When metered user rates are to be used they shall be set forth in the rate schedule. Until such time that meters are read for a particular class of user or area of the water system, that class of user or area of the water system shall be charged based on the equivalent residential unit (ERU) usage estimate delineated in Chapter 13.40 TTC.

Water meters shall be required for all new community water systems constructed for the Tulalip Tribes. Water meters for any existing water system transferred to the Tulalip Tribes shall be required in accordance with the terms of the transfer agreement between that water system and the Tulalip Tribes. [Ord. 76 § 5.05, 12-6-2004 (Res. 2004-467)].

13.25.060 Public water and sewer use requirements.

The assignee of each lot or parcel of real property within an area served by the Tribal sewer system and/or water system and where the community system is within 200 feet of any dwelling, business or water using activity, and to which service by such public or community water or sewer is available, is hereby required, at his or her expense, to connect such facilities to the community system(s) in accordance with the provisions of this title. Such installations and connections must be made within 60 days after the date of mailing or personal service by the Utility addressed to the owner of the property to be served notifying such owner to make such connection unless such time shall be extended by the Utility. [Ord. 76 § 5.06, 12-6-2004 (Res. 2004-467)].

13.25.070 Obtaining service without authorization.

No person shall obtain utility services from the Utility facilities without authorization. Any person who obtains such unauthorized service by connecting to the Utility facilities without authorization or by bypassing or tampering with any meter shall be liable to the Utility for a fine equivalent to 10 times the monthly rate for that service in addition to the cost of correction and normal connection charges. [Ord. 76 § 5.07, 12-6-2004 (Res. 2004-467)].

13.25.080 Routine and preventative maintenance.

The Utility Authority shall develop and follow a routine schedule for monitoring and maintaining all the facilities of the Utility in order to reduce operating costs, system downtime and replacement costs and to prolong equipment life and deter emergency conditions. The Utility Authority shall maintain records of maintenance and repair work and use said records to comply with warranties, monitor equipment, contractor and employee performance and to plan and budget for future maintenance, repairs, equipment replacement and new construction. [Ord. 76 § 5.08, 12-6-2004 (Res. 2004-467)].

13.25.090 Sampling and violation response procedures.

The Utility shall comply with applicable Federal water and sewer standards and requirements such as the Federal Safe Drinking Water Act. The sampling procedures and violation response procedures are attached in Appendix F. [Ord. 76 § 5.09, 12-6-2004 (Res. 2004-467)].

13.25.100 Sewer service.

The Utility is responsible to provide sanitary disposal of domestic liquid waste for a fee to those facilities connected to the mainlines of the community sewer system. Responsibility for maintenance includes treatment facilities, pumping stations, mainlines, manholes, and service lines to the individual property lines. The service line from the property line to the house or the septic tank inlet to the house and interior house plumbing are the customer’s responsibility. [Ord. 76 § 5.10, 12-6-2004 (Res. 2004-467)].

13.25.110 Personnel.

The Utility Manager shall have the full authority to hire, evaluate and discipline or fire (if necessary) the personnel required to manage, operate and maintain the public utilities. Existing Tribal staff may be used or employed by the Utility Authority to provide necessary maintenance and management services through agreements approved by the Board and the Utility Authority. The specific personnel policies of the Tribes shall be followed. Job descriptions for all employees will be developed, followed and updated as deemed necessary. [Ord. 76 § 5.11, 12-6-2004 (Res. 2004-467)].

13.25.120 Purchasing.

The Utility Manager may make or approve purchases from the petty cash fund for amounts up to that amount established by resolution of the Board. Above that amount, the Board must give prior approval and disbursement of funds must be in accordance with the appropriate sections of this title. An accurate account and receipts of all expenditures will be kept. [Ord. 76 § 5.12, 12-6-2004 (Res. 2004-467)].

13.25.130 Equipment.

All Utility equipment shall be maintained according to the established maintenance schedule and quickly repaired when necessary so that disruptions in service are minimized. Utility equipment shall not be loaned to other Tribal departments, or any outside agency, without a written use agreement.

Utility tools and equipment are not for personal use. A record of tools and the individual to whom they were assigned shall be maintained. Individuals will be held responsible for the security of tools and supplies that are assigned to them. [Ord. 76 § 5.13, 12-6-2004 (Res. 2004-467)].

13.25.140 Inventory.

An accurate inventory of tools, equipment, and supplies will be kept up to date. A reserve supply of repair parts and regularly used supplies will be maintained by the Utility Authority. A listing shall be kept of local suppliers of repair parts, replacement equipment and expendable supplies. [Ord. 76 § 5.14, 12-6-2004 (Res. 2004-467)].

13.25.150 Emergency notification.

An emergency notification plan will be developed by the Utility Authority and reviewed annually for notifying residents and visitors of:

(1) Discontinued service for more than eight hours.

(2) Substandard conditions in water quality. This includes bacteriological, chemical or physical quality deficiencies.

(3) Any other conditions which may adversely affect the health of the community residents and visitors. [Ord. 76 § 5.15, 12-6-2004 (Res. 2004-467)].

13.25.160 Staff training.

All employees that are newly assigned to operate the Utility systems shall receive instruction. Regular operators should receive up to 40 hours of formal instruction per year. The Utility Authority will assure that operators maintain current knowledge of water and wastewater systems operation techniques. A training plan for the system operators shall be developed which will provide for upgrading of knowledge and skills in water and wastewater operations, maintenance and management. The goal of the training program shall be Washington State certification as an operator or manager. [Ord. 76 § 5.16, 12-6-2004 (Res. 2004-467)].

13.25.170 Limits of responsibility.

The Authority shall not be responsible for, nor shall it maintain or repair, any private or domestic water or sewer system, garbage, roads or lighting except by specific agreement establishing fair rates of compensation to the Utility, and that is approved and signed by the Utility Authority and owner of such facilities. The Utility shall not be liable for any loss or damage to a customer’s water or sewer lines or fixtures, garbage storage facilities, driveways or parking lots, hydrants or lighting. [Ord. 76 § 5.17, 12-6-2004 (Res. 2004-467)].

13.25.180 Right of entry – Inspections.

The Utility Authority, or its authorized representative, is hereby authorized to make limited, reasonable inspections, at reasonable times, of any grounds, building or residence served by the Utility Authority to the extent necessary to ensure that customer utility fixtures, lines and equipment are not being operated in a manner that would likely disrupt or interfere with utility services. Except in cases of emergency where life, limb or property are threatened, or in cases of immediate water shortages, the Utility Authority shall give the customer at least 48 hours’ notice prior to requesting permission to enter and inspect. If permission to enter and inspect is denied or impeded in any way, the Utility Authority shall obtain a Court order authorizing such entry and inspection. Where the permission to enter and inspect is unreasonably withheld, the Utility Authority may assess Court costs and related expenses and add them to the affected customer’s bill. [Ord. 76 § 5.18, 12-6-2004 (Res. 2004-467)].

13.25.190 Disruption of service.

The Utility may shut off water or sewer service, or disrupt traffic on the public right-of-way, to perform repairs; provided, that advance notice has been given to affected customers; provided, however, that in cases of emergencies where loss of life, limb or property is threatened, or in cases of immediate water shortages, service may be disrupted without advance notice. The Utility shall not be responsible for consequent damage as a result of lack of water or sewer service during authorized disruptions.

The Utility shall not be liable for any associated damages or delay caused by the breaking or leaking of any pipe, valve, fixture or other contrivance as a result of the lack of water or sewer service to or from any mains, services, hydrants, lines or reservoirs during authorized disruptions.

Persons having boilers supplied by direct pressure from the Utility’s water mains are cautioned against danger of explosion or collapse. The Utility shall not be responsible for the safety of boilers on the premises of any water user. [Ord. 76 § 5.19, 12-6-2004 (Res. 2004-467)].

13.25.200 Right-of-way permits.

No connection, reconnection with, disconnections from, or other private use of any Utility water or sewer system or the excavation of any road, appurtenance or other utility service corridor which is in the same public right-of-way as the Utility’s facilities shall be made without a written permit by the Utility Authority. The Utility Authority may require such plans from the permit applicant as it determines are necessary to decide whether or not a permit should be issued. [Ord. 76 § 5.20, 12-6-2004 (Res. 2004-467)].

13.25.210 Private water and sewer allowed.

Where the Utility Authority’s sewer or water service is not available, and this fact is so certified by the Utility Authority, a private water or sewer system may be allowed by the Utility provided said system is constructed in compliance with all applicable Tribal, Federal, State and Snohomish County regulations. No construction of any private water or sewer system within the service area of the Utility Authority is authorized without written permission from the Utility Authority. [Ord. 76 § 5.21, 12-6-2004 (Res. 2004-467)].

13.25.220 Developer-constructed community water systems.

When a new development is going to occur within the future water service area of the Tulalip Tribes, as identified in the North Snohomish County Coordinated Water System Plan, and when, in the opinion of the Tulalip Utility Authority, it is not financially feasible for the developer and the Utility to connect the development to an existing water system of the Utility, the developer shall install a community water system to the standards of the Tulalip Utility Authority which are included in TTC 13.105.040 (Appendix D). Prior to approval of the construction of said system and prior to obtaining a water right allocation the developer shall sign a contract with the Tulalip Utility Authority such that ownership, operation and maintenance of the new water system shall be given over to the Tulalip Utility Authority upon three months’ written notice by the Tulalip Utility Authority. The contract shall include a requirement that covenants be placed on the lots in the development such that no lot can be subdivided and no well can be drilled or dug on the owner’s land without the prior written approval of the Tulalip Tribes. Said contract shall grant the Tulalip Tribes and the Tulalip Utility Authority access to financial, operational and maintenance records of the water system. [Ord. 76 § 5.22, 12-6-2004 (Res. 2004-467)].

13.25.230 Conservation of resources.

The Utility shall conduct operation, maintenance and repair services in a manner that will maximize the conservation of natural, financial, and property resources. Customers of the Utility shall be encouraged to conserve water resources and to limit water use as necessary to provide a comfortable, healthy and aesthetically pleasing lifestyle. The Utility may offer assistance and service to customers for water conservation and other material resources for conservation and recovery as determined to be feasible by the Utility Authority. [Ord. 76 § 5.23, 12-6-2004 (Res. 2004-467)].

13.25.240 New customer services.

Any building within the service area of the utilities shall be eligible for services, provided all of the following conditions are met:

(1) Facilities as determined by the Utility Authority are adequate to meet additional load.

(2) New customer agrees to adhere to this title including agreement to covenant their land such that no lot can be subdivided and no well can be drilled without the prior written approval of the Tulalip Tribes.

(3) Approval by the Utility Authority.

(4) New Connections – Water Conservation.

(a) New Construction on Reservation. Anyone seeking a letter of water or sewer availability for acquiring a building permit shall be informed of the Utility Authority’s requirements for connection. New homes and buildings constructed after the date of adoption of the ordinance codified in this title shall not be allowed to connect to the community water system unless said facility is equipped with the following water conservation devices: two gpm shower heads; three and one-half gpm kitchen faucets/aerators; one gpm urinals (if urinals are included in construction); one and one-half gpm lavatory faucets/aerators; and 1.6 gpm ultra low flow toilets. All applicants for service to new construction must be able to show proof that the above conservation devices are or will be installed prior to connection to the community system.

(b) New Mobile Homes and Manufactured Homes. New mobile homes and manufactured homes are encouraged to have these water saving devices in them since they will lower water use and likely will result in lower water bills for the user. Applicants for water service will be informed of this savings at the time they apply for service. Purchase and installation of flow restrictors for shower heads and faucets shall be required.

(c) Existing Homes and Buildings. Existing homes and buildings requesting service shall be required to have flow restrictors for their shower heads and faucets which meet the standards in subsection (4)(a) of this section. [Ord. 76 § 5.24, 12-6-2004 (Res. 2004-467)].