Chapter 13.04 WATER SERVICE REGULATIONS

A. General Service Areas. All those areas served by the city water utility system, with the exception of those service areas set forth in subsection B of this section, shall be designated as the general service area.

B. Separate Water Service Areas.

1. Trail’s End Utility Service Area. There is established a separate water service area to be known as the Trail’s End utility service area described as follows:

That part of unincorporated Thurston County previously served by the Trail’s End Utilities Company, Inc., water system or within its utility service area, and more particularly described as lying northeasterly of Capitol Boulevard (Old Highway 99), south and east of Henderson Boulevard, south of 73rd Avenue extended easterly to the Deschutes River, westerly of the Deschutes River, and north of the south line of the north one-half of Section 13, Township 17 North, Range 2, W.M.

(Ord. 1296, Added, 06/04/1991)

13.04.007 Connection permit.

It is unlawful for any person to connect to any water line, public or private, without complying with all of the provisions of this chapter, and obtaining therefor a right-of-way access/utility and/or a plumbing permit (hereinafter connection permit) from the community development department to make such connection. Fees in amounts established by resolution of the city council shall be levied by the city in conjunction with the issuance of a right-of-way access/utility permit.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O99-002, Added, 01/19/1999)

13.04.010 Application for service.

Application for water service shall be made as follows:

In order to obtain the permit(s) provided for in TMC 13.04.007, the property owner or his/her designated agent shall file with the community development department an application for said permit(s). Plans shall be submitted for review and approval in accordance with the city’s development guide and/or the plumbing code as adopted in TMC Title 15. A right-of-way access/utility permit shall be issued upon the approval of the plans and specifications for any work performed in the public right-of-way or within a utility easement. A plumbing permit shall be issued upon the approval of the plans for that part of the water line considered private. It is unlawful for any person to extend any private water line beyond the limits of the building or property for which a permit has been issued.

(Ord. O2010-017, Amended, 12/21/2010; Ord. O99-002, Amended, 01/19/1999; Ord. O95-032, Amended, 10/17/1995; Ord. 869, Added, 03/18/1980)

13.04.015 Responsibility for water used.

The contractor or owner will be liable for payment for all water used until notification is made to the finance director that the premises is occupied. The contractor or owner shall provide such information on the new service as required by the finance director. Responsibility for all water service charges is with the property owner, in conformance with TMC 13.18.050.

(Ord. O99-002, Added, 01/19/1999)

13.04.020 Turning on water – New services.

Whenever the owner or occupant of any premises connected with the city’s water supply system desires to use water, he shall notify the public works department and request that the water be turned on to the premises. The owner shall leave his portion of a new service exposed in the trench until the water is turned on by the public works department, after which the owner shall immediately properly cover the pipe.

(Ord. O2011-002, Amended, 03/01/2011; Ord. 1084, Added, 02/03/1987)

13.04.030 Separate service to each premises.

Where water service is supplied, or proposed to be supplied, from a single service connection to more than one premises or dwelling unit, the city may, at its discretion, either decline to furnish water until separate services are provided for each premises or dwelling unit served, or may continue the single service supply on the condition that all service costs be paid by one individual.

(Ord. 869, Added, 03/18/1980)

13.04.040 Extension of mains – Cost.

Extension of mains shall be made in the manner provided by law, and the cost thereof assessed upon the property benefited.

(Ord. 869, Added, 03/18/1980)

13.04.050 Contractor to provide cost information.

In order for the city to maintain accurate accounting for the city water system, contractors shall provide such information as required on the costs of installing water mains, fire hydrants, service lines and meters, etc. The cost information shall be provided to the city on the forms furnished by the city.

(Ord. 869, Added, 03/18/1980)

13.04.060 Notice required to have water disconnected.

Should it be desired to discontinue the use of water supplied to any premises on a temporary or permanent basis, notice must be given to the finance department. Once water service has been disconnected by the public works department, future billing for water and sanitary sewer service will cease, until such time as service is reconnected. The water will then be turned off and turned on again on application and a charge will be assessed as established by resolution of the city council.

(Ord. O2013-005, Amended, 05/07/2013; Ord. O95-032, Amended, 10/17/1995; Ord. 1084, Added, 02/03/1987)

13.04.070 Service reconnection or transfer of service.

When new buildings are to be erected on the site of the old ones, and it is desired to increase the size of or change the location of the old service connection, or where a service connection to any premises is abandoned or no longer used, the public works department may cut out or remove such service connection, after which, should a service connection be required for the premises, a new service will 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 the 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. O2011-002, Amended, 03/01/2011; Ord. 1084, Added, 02/03/1987)

13.04.080 Occupant turning on water – 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 shut off at the curbcock by the public works department, it may be turned off by the public works department, and an additional charge as established by resolution of the city council shall be assessed for the expense of turning service off and back on.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O95-032, Amended, 10/17/1995; Ord. 1084, Added, 02/03/1987)

13.04.090 Shutoff for repairs – Nonliability for consequent damages.

The water may at any time be shut off from the mains, without notice, for repairs or necessary purposes, and the city will not be responsible for any consequent damages.

(Ord. 869, Added, 03/18/1980)

13.04.110 Access of water department inspector.

Properly identified agents of the city shall be permitted access to all parts of the building and premises in which water is delivered from the city mains, for the purpose of inspecting the conditions of the pipes and fixtures and the manner in which the water is being used.

(Ord. 869, Added, 03/18/1980)

13.04.120 Hindering access to water system facilities.

No person shall place on or about any fire hydrant, or any other water system facility, any building material or any other objects which may prevent full access to same at all times.

(Ord. 869, Added, 03/18/1980)

13.04.130 Tampering with water system equipment.

No person shall open or tamper with in any way whatsoever any fire hydrant, stopcock, or any other city water system facility unless authorized by the public works department.

(Ord. O96-027, Amended, 10/15/1996; Ord. 869, Added, 03/18/1980)

13.04.140 Water for construction purposes.

Any owner, agent or contractor intending to use water in the course of the construction of any building, street, utility, etc., shall apply for a hydrant meter rental to the finance department on forms provided for that purpose. Application for a hydrant meter rental shall be accompanied by a fee as established by resolution of the city council. Water for construction purposes shall be furnished only upon application (TMC 13.04.010); all delinquent and unpaid charges thereof shall become a lien upon the premises supplied and shall be collected in the same manner as other delinquent and unpaid charges.

(Amended during 2011 reformat; O96-013, Amended, 07/16/1996; Ord. O95-032, Amended, 10/17/1995; Ord. 1371, Amended, 04/06/1993; Ord. 1084, Added, 02/03/1987)

13.04.160 Sale of city water by private parties – Permission required.

No person, company, corporation or water user shall sell or collect any money for the use of water without permission from the city. This shall not, however, prohibit a landlord from collecting reimbursement from a tenant for costs incurred by the landlord and associated with provision of and payment for water service to a rental property.

(Ord. 869, Added, 03/18/1980)

13.04.170 Water shortage provisions.

The city reserves the right in the case of shortage of waters, or for any other cause, to make any order regulating, forbidding or restricting the use of water for irrigation or sprinkling or any other nonessential outside usage.

(Ord. O95-032, Amended, 10/17/1995; Ord. 869, Added, 03/18/1980)

13.04.210 Monthly rates.

A. The monthly base charge for the use of water within the general service area shall be as established by the fee resolution of the city council.

B. In addition to the monthly base rate, an additional charge for water consumed for all single-family and duplex units, multifamily units, nonresidential accounts and irrigation only accounts shall be as established by the fee resolution of the city council.

(Ord. O99-043, Amended, 12/21/1999; Ord. O98-023, Amended, 12/15/1998; Ord. O97-033, Amended, 11/04/1997; Ord. O97-013, Amended, 05/06/1997; Ord. O96-047, Amended, 12/17/1996; Ord. O95-036, Amended, 12/05/1995; Ord. O94-043, Amended, 12/06/1994; Ord. 1319, Added, 05/05/1992)

13.04.220 County surcharge.

A surcharge as established by the fee resolution of the city council of the base and consumption rates shall be assessed for water service to those users located in the unincorporated areas of Thurston County; provided, that no surcharge shall be levied to those properties whose owner has signed a power of attorney agreement with the city to petition in favor of annexation to the city.

(Ord. O99-043, Amended, 12/21/1999; Ord. O96-023, Amended, 12/17/1996; Ord. O95-016, Amended, 08/15/1995; Ord. 1349, Added, 11/17/1992)

13.04.280 Charge when meter out of order.

When a meter is out of order and fails to register accurately, the charge shall be the base rate plus the average consumption computed on an annual basis.

(Ord. 1084, Amended, 02/03/1987; Ord. 869, Added, 03/18/1980)

13.04.300 Rates in new water service areas.

A. The city may separately contract for individual rates, or surcharge to rates, for new service areas wherein costs to service such area require additional income in order to support the financial feasibility of extension to such area. Any contract with respect to residential service connections shall be applied equally to all connections to such separate improvement. Agreements with respect to larger commercial water consumers may be negotiated separately to provide the necessary support for financial feasibility of the specific improvements desired.

B. Applicants for new water service in the extension areas referred to in subsection A of this section shall, as part of such application, be liable for payment of any and all surcharges which may be established in relation to the cost of providing service to such extension area and/or the balance of time remaining during which the total cost of the service extension will be completely amortized.

(Ord. 869, Added, 03/18/1980)

13.04.320 Latecomers charges.

The city council may adopt and amend from time to time, by resolution, an official map which shall depict latecomers charges which shall be assessed against a property at the time of application for water service. These latecomers charges shall be for the purpose of reimbursing either the city’s water fund or certain specific individuals for costs associated with providing basic water service distribution facilities (water mains, fire hydrants, etc.) to the property being served. The amount of the latecomers charge being assessed shall be based on a prorated share of providing the distribution facility to each separate property. Latecomers charges paid to the city for reimbursement to individuals for costs incurred as described in this section shall be made in conformance with the water line extension agreements executed between the city and the individual. These agreements shall provide the basis for computation of latecomers charges in those cases where the initial capital investment for distribution facilities has been made by a certain individual to the benefit of a specific area.

(Ord. 869, Added, 03/18/1980)

13.04.360 Installation charges.

A. Service Line and Meter. The charge to each new customer for the installation of a water service line and meter shall be as established by the fee resolution adopted by the city council.

B. Drop-In Meter. If the water service line from the water main to the property line has been installed by a developer or property owner, the charge for installation of a drop-in meter shall be as per the fee resolution adopted by the city council.

(Ord. O99-043, Amended, 12/21/1999; Ord. O94-043, Amended, 12/06/1994; Ord. 1319, Amended, 05/05/1992; Ord. 1028, Amended, 02/19/1985; Ord. 869, Added, 03/18/1980)

13.04.370 Connection charges.

A. All meter installation charges, front footage charges, permit fees required by TMC 13.04.007 and 13.04.010, and connection charges (general facilities charges) shall become due and payable at the time of issuance of a building permit or, in the case of an existing occupied building converting from an on-site water system to the city system, the issuance of a plumbing permit. In addition thereto, all such fees must be paid in full as a condition to issuance of a building permit or plumbing permit. Except those properties exempted by prior agreement(s), all connections in the general service area shall pay a connection charge as established by the fee resolution of the city council.

Connection fees for connection sizes not listed in the schedule shall be at the next larger meter size listed in the fee resolution adopted by the city council.

B. Connection charges (general facilities charges) shall be assessed at the rate in effect at the time of payment and may be paid no earlier than the time of issuance of the building or plumbing permit. Said payment shall constitute the applicant’s contribution for system facilities including: reservoirs, wells, pump stations, transmission mains, and other such facilities and appurtenances provided by the city on behalf of the applicant. Connection charges (general facilities charges) are nonrefundable and nontransferable to another location once paid. Provided however, upon a subsequent reapplication for permits, the prior payment shall be credited against the then-current connection charge and the difference paid.

(Ord. O99-043, Amended, 12/21/1999; Ord. O99-002, Amended, 01/19/1999; Ord. O98-023, Amended, 12/15/1998; Ord. O97-033, Amended, 11/04/1997)

13.04.380 Meter location.

The meter shall be located within the street right-of-way, alley or easement. The location of the meter along the lot frontage will be determined by the city. Whenever possible, the meter will be located in the vicinity of the common lot corner between the property being served and adjoining property.

(Ord. 869, Added, 03/18/1980)

13.04.390 Damage to water meters – Repair and replacement.

All meters, unless otherwise authorized by the city, shall be and remain the property of the city and will not be removed unless the use of water on the premises is to be entirely stopped or the service connection discontinued or abandoned. In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants of premises, they shall be replaced or repaired by or under the direction of the public works department and the cost charged against the owner, and in case of nonpayment, the water shall be shut off and will not be turned on until such charges and the charges for turning on the water are paid.

(Ord. O2011-002, Amended, 03/01/2011; Ord. 869, Added, 03/18/1980)

13.04.400 Testing meters.

Any consumer shall have the right to demand that the meter through which the water is being furnished be examined and tested by the city for the purpose of ascertaining whether it is registering correctly the amount of water which is being delivered through it to such consumer; provided, that when any consumer desires to have the meter so examined and tested, such consumer shall make application thereof in writing to the city and shall deposit with the application the sum as established by resolution of the city council. Upon the application being made, it shall be the duty of the public works department to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering correctly the water delivered through it. If, on such examination and test, the water meter is found to register over three percent more water than actually passes through it, another meter will be substituted therefor and the fee as established by resolution of the city council will be repaid to the person making the application. The city arbitrator will decide the amount of the adjustment to be made to compensate the account.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O95-032, Amended, 10/17/1995; Ord. 869, Added, 03/18/1980)

13.04.410 Installation of water meter by private contractors.

If, in the course of construction, a private contractor elects to purchase and install a water meter other than those provided by the city, that meter must first be approved by the public works department and the meter registered as to its make, size, and current reading in the finance department, along with the planned date of installation. This meter, once installed, may not be turned on until final inspection is done by the public works department.

(Ord. O2011-002, Amended, 03/01/2011; Ord. 1084, Added, 02/03/1987)

Article II. Cross-Connections

13.04.430 Purpose.

It is the purpose of this article to protect the health of customers receiving water from the city by protecting the public water system of the city from contamination.

(Ord. 1102, Added, 06/02/1987)

13.04.440 Definitions.

A. Whenever used in this article:

1. “Backflow” means the undesirable reversal of flow of water or other substances through a cross-connection into the public water system or consumer’s potable water system.

2. “Backflow prevention assembly” means a reduced-pressure backflow assembly (RPBA), reduced-pressure detector assembly (RPDA), double check valve assembly (DCVA), double check detector assembly (DCDA), pressure vacuum breaker assembly (PVBA), or spill-resistant vacuum breaker assembly (SVBA) of make, model, and size that is approved by the Washington State Department of Health.

3. “Cross-connection” means any actual or potential physical connection between a public water system or the consumer’s water system and any source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow.

4. “Premises isolation” means a manner of protecting the city owned and controlled water system through the installation of approved air gaps or approved backflow prevention assemblies at or near the service connection or alternative location acceptable to the city to isolate the consumer’s water system from the city’s distribution system.

5. “Responsible person” means, as applicable, the owner(s) of the property and/or the tenant(s) or person(s) in possession thereof.

6. “Public works director” means the director of the city public works department or his/her designee.

B. Upon the filing of one copy with the finance director, all definitions contained in WAC 246-290-490, as amended as of or after the effective date of the ordinance from which this section derives, shall by this reference be considered definitions within this article.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-013, Amended, 09/07/2004; Ord. O95-032, Amended, 10/17/1995; Ord. 1102, Amended, 06/02/1987; Ord. 869, Added, 03/18/1980)

13.04.450 State provisions adopted.

The provisions of WAC 246-290-490 as amended as of or after the effective date of the ordinance from which this section derives, relating to cross-connection control and elimination and the use of backflow prevention assemblies, are adopted and made a part hereof. In furtherance of the city’s goal to protect the public health and safety, all provisions of the Washington Administrative Code may be executed and applied by the department of public works in determining when cross-connections are prohibited and when backflow prevention assemblies shall be required.

(Ord. O2004-013, Amended, 09/07/2004; Ord. 1102, Added, 06/02/1987)

13.04.460 Inspection – Right of entry.

Whenever it is necessary to make an inspection to enforce any provision of this article, or whenever there is reasonable cause to believe that there exists a violation of this article in any building or upon any premises within the jurisdiction of the city that is receiving water service from the city, the public works director or his/her designee, upon presentation of proper credentials, may, with the responsible person’s permission, enter upon the premises at all reasonable times to inspect and/or test the same or to perform any duty imposed upon him or her by this article. Except in emergency situations, he or she shall first give the responsible person, if they can be located after reasonable effort, advance written notice of the authorized official’s intention to enter upon the premises. In the event the responsible person refuses entry, or does not respond to the notice of intention to inspect, the authorized official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and in seeking any necessary reparative measures in compliance with this article.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-013, Amended, 09/07/2004; Ord. 1102, Added, 06/02/1987)

13.04.470 Backflow prevention assembly – Compliance required.

A. No water service connection from the city’s water system to any premises shall be installed or maintained unless the water supply is protected by backflow prevention assemblies as required by the public works director or his/her designee and the rules and regulations of the Washington State Department of Health and this article. The installation or maintenance of a cross-connection which will, or has the potential to endanger the city’s water quality is prohibited. Any such cross-connection existing at the effective date of the ordinance from which this section derives, or hereafter installed, is declared to be unlawful. The control and/or elimination of cross-connections within the city shall be in accordance with WAC 246-290-490 or superseding Washington Administrative Code provisions, and shall provide the highest degree of protection to the city’s water system.

B. Service to any property, landowner or water user receiving its water supply from the city water supply system shall be contingent upon compliance with all requirements of the rules and regulations of the Washington State Department of Health and of this article. Service shall be discontinued to any premises, water user or property owner for failure to comply or for failure to permit entry upon the premises for purposes of inspection and/or testing. Any discontinued service will not be reestablished until the public works director has approved compliance with such requirement of the rules and regulations contained in this article.

C. Any customers using water from the city of Tumwater are responsible for compliance with this article and shall be strictly liable for all damage incurred as a result of failure to comply with the express terms and provisions contained herein.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-013, Amended, 09/07/2004; Ord. 1102, Added, 06/02/1987)

13.04.480 Public works to administer.

The department of public works shall be responsible for administering this article including the development of the necessary procedures and practices to accomplish same, consistent with the standards in this article and WAC 246-290-490 as set forth in the city’s cross-connection control program as approved by the Washington State Department of Health.

(Ord. O2004-013, Amended, 09/07/2004; Ord. 1102, Added, 06/02/1987)

Article III. Violation – Penalty

13.04.490 Violation – Penalty.

Any person who shall violate or fail to comply with any provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with TMC Chapter 1.12.

(Ord. O95-032, Amended, 10/17/1995; Ord. 1102, Added, 06/02/1987)

Code reviser’s note: Article names in this chapter were added and amended during the 2011 reformat.