Chapter 13.04 WATER SERVICE SYSTEM

“Approved backflow prevention assembly” means a device to counteract back pressures or prevent back siphonage. This device must appear on the list of approved devices issued by the Washington State Board of Health.

“Backflow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the town.

“Back pressure” means backflow caused by other means that would create pressure within the system greater than the potable water supply system.

“Clerk” means the clerk-treasurer of the town of Winthrop or his/her authorized representative, deputy or agent.

“Council” means the town council of the town of Winthrop.

“Cross-connection” means any physical arrangement where a public water system is connected, directly or indirectly, with any other nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections.

“ERU” or “equivalent residential unit” means a unit of water or wastewater which incurs the same costs for operation and maintenance as the average volume of water consumed by, or domestic wastewater discharged from, a single-family residence.

“Licensed water/sewer contractor” means a contractor, licensed and bonded under the provisions of this chapter, to do work incidental to the construction or repair of side sewers, and town water services under a permit issued by the town under the provisions of the town water and sewer use ordinances.

“Occupant” means any person or owner in physical possession of the building or structure to which town water service is available.

“Permit” means a permit issued in conjunction with any provision of this chapter, which permit shall be posted on the premises and shall be readily and safely accessible to the water distribution manager.

“Person” or “owner” means any individual, firm, company, association, society, corporation or group.

“Potable water” means water which is satisfactory for drinking, culinary and domestic purposes and meets the Washington State Drinking Water Standards.

“Premises” means any piece of land to which water is provided, including all structures, improvements, mobile home(s) and other facilities located on it.

“Public place” or “public area” means any space dedicated to or acquired for the use of the general public.

“Reduced pressure principle assembly” means an assembly containing two independently acting, approved check valves, together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves, and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at the end of the assembly. A check valve is approved if it appears on the list of approved devices issued by the Washington State Board of Health.

“Standard Methods” means the current edition of Standard Methods for the Examination of Water and Wastewater, as jointly published by the Water Pollution Control Federation, American Water Works Association, and the American Public Health Association.

“Town” means the town of Winthrop.

“Town Hall” means the Town Hall of the town of Winthrop.

“Town water service” means a connection between the town water system and the customer’s system.

“Town water system” means the town of Winthrop public water system as defined in Chapter 248-55 WAC.

“Wastewater operator” means the certified wastewater treatment plant operator in responsible charge of the town wastewater treatment plant as required per Chapter 70.95 RCW or his/her authorized representative, deputy or agent.

“Water distribution manager” means the certified water distribution manager in responsible charge of the town water system as required per Chapter 70.119 RCW and Chapter 285-55 WAC or his/her authorized representative, deputy or agent.

“Water/sewer construction standards” means the standards for construction of sewer and water lines and appurtenances, as promulgated by the water distribution manager and wastewater operator from time to time.

“Water system extension” means any water system extension, or improvement to the town water system as set forth in Chapter 248-54 WAC.

When there is no definition in this chapter, definitions in Title 17, Zoning, will be used. (Ord. 715 § 1 (Exh. A)(part), 2019: Ord. 486 § 1, 1998; Ord. 412 Art. 1, 1993)

Article II. Use Regulations

13.04.020 Use of water during fire-related emergencies.

Use of water from the town water system during alarm for fire and while fire flow demands are on the system, for any purpose outside the residence structure, including irrigation, is expressly prohibited. (Ord. 412 § 2.01, 1993)

13.04.030 Pressure-reducing valves and water meters—Required.

All new construction, new water system users, changes in use that would require the payment of an incremental water system development fee, remodeling or renovation projects in which plumbing fixtures are replaced and all remodeling or renovation projects valued over ten thousand dollars ($10,000.00), that use or will use the town water system, shall install and use:

A. A pressure-reducing valve to reduce the water service pressure to forty-five (45) psi, if the static system pressure is greater than forty-five (45) psi;

B. A meter for measuring the amount of water used. The type, size and design of meter to be installed, and the location of the installation, shall be as designated by the water distribution manager and as shown in the town water service permit. (Ord. 412 § 2.02, 1993)

13.04.040 Pressure-reducing valves and water meters—Inspection.

All meters and pressure reducers required to be installed by town ordinance, shall be inspected and properly adjusted before installation, and inspected prior to commencement or reestablishment of town water service. (Ord. 412 § 2.03, 1993)

13.04.050 Ownership and maintenance responsibility.

The town water service from the service tap at the main, to the customer’s system at the building or point of use shall be owned by the owner of the property served. However, any meter, remote readout, meter pit and covers, and meter risers shall be owned, maintained, repaired and tested by the town for all active service connections, except that maintenance of a frozen town water service exclusive of the meter and meter pit, shall not be the responsibility of the town. Pressure-reducing valves shall be maintained solely by the owner. (Ord. 412 § 2.04 (part), 1993)

13.04.060 Interference with meter prohibited.

It is unlawful for any person to tamper or interfere with any meter, readout or meter seal, or modify water services, or plumbing so water will not actuate the meter. (Ord. 412 § 2.04 (part), 1993)

13.04.070 Unlawful procurement of water.

No person shall procure water from any hydrant, water main or town service line, for any purpose or by any means, other than those provided for in this chapter. (Ord. 412 § 2.05, 1993)

13.04.085 Cross-connections.

A. No cross-connections shall be created, installed, used, or maintained within a premises served by the town water system, except in accordance with this chapter. The control or elimination of cross-connections shall be governed by Chapter 246-290 of the Washington Administrative Code, as it now exists or as it may hereafter be amended, and this chapter. The policies, procedures, and other criteria for determining appropriate levels of protection shall be in accordance with the most recently-published edition of the manual entitled “Accepted Procedure and Practice in Cross Connection Control Manual—Pacific Northwest Section—American Water Works Association.”

B. All plumbing and sprinkler plans shall be submitted to the town for review and approval prior to installation on all new construction or any plumbing or sprinkler system changes.

C. An approved backflow prevention assembly shall be installed at the expense of the owner, either at the service connection or within the premises, as determined by the town in each of the following circumstances:

1. If the nature and extent of any activity of the premises, or the materials used in connection with any activity of the premises, or materials stored on the premises, could contaminate or pollute the town water system;

2. On premises having any one or more cross-connections;

3. Internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist;

4. A repeated history of cross-connections being established or reestablished;

5. Unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency or with sufficient notice to assure that cross-connections do not exist. A reduced pressure backflow assembly will be required to be installed at the service connection;

6. Materials of a toxic or hazardous nature being used such that if back siphonage should occur a health hazard could result;

7. Any mobile apparatus which uses the town water system or water from any premises within the town water system;

8. On any premises where installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of this chapter in the judgment of the town;

9. On any premises where an appropriate cross-connection report form has not been filed with the town;

10. All residential properties occupied by persons other than the owner (rental properties) shall install an approved backflow prevention assembly at the meter or the property owner shall assume all responsibility for any backflow that could occur. It shall be the responsibility of the property owner to install, maintain, test, repair, etc., all assemblies. Furthermore, the property owner will notify the town when tenants change;

11. In accordance with the provisions of the Uniform Plumbing Code.

D. The following requirement shall apply to the installation of all backflow prevention assemblies:

1. No part of the backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If installed in a vault or basement, adequate drainage shall be provided.

2. Assemblies must be installed at the location specified by the town. Alternate locations must be approved in writing by the town prior to installations.

3. The device must be protected from freezing and other severe weather conditions.

4. All backflow device prevention assemblies to be installed shall be of a type and model preapproved by the Washington State Board of Health and the town.

5. Only assemblies specifically approved by the Washington State Board of Health for vertical installation may be installed vertically.

6. The device shall be readily accessible with adequate room for maintenance and testing as determined by the town.

7. If the town approves the installation of a backflow assembly inside a building, the assembly shall be readily accessible during regular working hours of eight a.m. to five p.m., Monday through Friday.

8. Upon completion of inspection by the town, or an authorized specialist employed by the town, and where a backflow assembly is deemed necessary, the type of device and installation plans shall be submitted to the town for approval prior to installation.

9. Upon completion of installation, the town shall be notified and all assemblies must be inspected and tested by a person certified by the state of Washington to conduct such test. All backflow assemblies must be registered with the town. Registration shall consist of the date of installation, make and model, serial number of the backflow assembly, and initial test report.

E. Authorized employees of the town, with proper identification, shall have access during reasonable hours to all parts of a premises and within the building to which water is supplied. If an owner or occupant refuses access to a premises, or to the interior of a structure at reasonable times and on reasonable notice for inspection of a cross-connection by the town, a reduced pressure principal assembly will be required to be installed at the service connection to that premises.

F. It is the responsibility of the owner to eliminate the possibility of damage from thermal expansion to any town water service.

G. All backflow devices installed at or within the premises served by the town water system shall be tested immediately upon installation and annually thereafter by a person certified by the state of Washington to conduct such test. All such assemblies found not functioning properly shall be promptly repaired or replaced. If any such assembly is not promptly repaired or replaced, the town may deny or discontinue water pursuant to Article XI of this chapter.

H. All costs associated with the purchase, installation, inspection, testing, replacement, maintenance, parts and/or repairs of a backflow assembly are the financial responsibility of the owner of the premises to which the town water service is supplied.

I. Failure to discontinue the use of any cross-connections and to physically separate cross-connections upon notice by the town is detrimental to the health, safety, and welfare of the town residents and sufficient cause for the immediate discontinuance of town water service to the premises. In addition to such immediate discontinuance of town water service, the town may impose such penalties as provided in Article XI of this chapter. (Ord. 486 § 2, 1998)

13.04.090 Use of water for intended purposes.

A town water system user shall not be permitted to use the water from the town water system for any purpose other than that for which they are charged, nor can they supply water to others, or sell, transfer, assign, gift or provide for resale any water acquired from the town water system, or permit others to use their hoses or attachment, or leave them exposed to others. (Ord. 733 § 1, 2020; Ord. 412 § 2.07, 1993)

13.04.100 Waste of water.

Town water system users shall prevent unnecessary waste of water and shall keep sprinklers, pipes, hydrants, faucets, valves, hoses, and all fixtures in good condition at their expense, and keep all water outlets closed when not in actual use. Outside water fixtures and hoses shall not be used without sprinklers attached unless they are being hand held at the time of use. For all unnecessary waste of water the town reserves the right to shut off the town water service until such waste is curtailed. (Ord. 412 § 2.08, 1993)

13.04.110 Fire hydrants—Use of water without permit.

No person shall procure water from any hydrant or pipe after service has been terminated as provided for in any town ordinance. No person shall use the water from any part of the town water system without a town permit, or without authority of the water distribution manager open any fire hydrant, stopcock, valve, or other fixture or appurtenances of the town water system. Water from any fire hydrant shall not be used by anyone except authorized town personnel, without written authority of water distribution manager, and in accordance with all town ordinances. (Ord. 412 § 2.09, 1993)

13.04.120 Watering and domestic irrigation.

A. No user of water from the town water system shall use or allow the use of water for watering and/or domestic irrigation except as set forth in the written town Policy Regulating Watering and Domestic Irrigation as approved by the town council. However, during times of critical water shortage, when eighty (80) percent or greater of the daily pumping capacity of the town’s primary well has been used in a twenty-four (24) hour period, or there is a failure of the water supply system, the mayor can institute any emergency water use restrictions deemed necessary to protect the public safety, health and welfare. The Policy Regulating Watering and Domestic Irrigation and Emergency Water Use Restrictions shall be enforceable under the provisions of this chapter, and available for review.

B. For the purpose of this chapter, domestic irrigation shall mean any outside watering of gardens, soil or vegetation. (Ord. 412 §§ 2.10, 2.11, 1993)

13.04.130 Suspension of service.

The town reserves the right to temporarily suspend town water service in any main or branch line of the town water system for the purpose of repair and maintenance of the system at any time without notice. (Ord. 412 § 2.12, 1993)

Article III. Water Permits

13.04.140 Permit required.

It is unlawful for any person to make any connection with, commence construction of, change the use of, or expand the use of, any town water line or town water service or to make any water line extension, without complying with all of the provisions of this chapter in relation thereto and having first procured a permit to do so from the town (see Article 6, Obtaining a Permit). (Ord. 412 § 3.01, 1993)

13.04.150 Permit application—Form and contents.

Application for the permit for a town water service required by Section 13.04.140 shall be filed with the town on a form provided by the town, which shall include the following information:

A. The name and address of the owner and the correct address and proper legal description of the property to be served;

B. The building permit number, or the building official’s signature signifying that no permit is required;

C. The dimensions and locations of any buildings on the property;

D. The use for which the service is intended and the number of dwelling, office, commercial or other units on the property;

E. The location of all sewer, drain, potable water, and nonpotable lines within the property to be served or property through which the service must cross, with an acceptable easement;

F. Construction specifications; including pipe, meter service, pressure reducer (where applicable), service stop and box, and corporation stop specifications and layout; along with the whole course of the town water service from the town water system to its connection with the building to be served, and if applicable, the whole course of the water extension from the existing town water system to its connection with the building water distribution pipe or properties to be served;

G. Any other information, due to the particular circumstances of the property or use thereof, the town reasonably deems necessary to ascertain whether or not the permit should be issued. (Ord. 412 § 3.02, 1993)

13.04.160 Permit application—Review and approval.

A. The application shall be reviewed and initialed by the mayor, planner, superintendent, wastewater operator, clerk, deputy clerk, marshal and fire chief.

B. The application shall be submitted to the water distribution manager, who may change or modify the same and designate the manner and place in which such town water service shall be connected with the town water system, and shall endorse his/her approval upon the application if the same is acceptable to him/her. The water distribution manager may require the permittee to furnish him/her additional detailed plans and specifications pertaining to the application and issuance of the permit.

C. The water distribution manager shall compute the system development fee, and any latecomer fee due prior to the issuance of the permit. (Ord. 412 §§ 3.03, 3.04, 1993)

13.04.170 Permit issuance.

After review and approval as hereinabove required, the clerk shall, upon receipt of all fees (see Article 4), sign the application and issue the permit. (Ord. 412 § 3.05, 1993)

13.04.180 Permit alteration.

Upon approval of the application and issuance of the permit, it shall be unlawful to alter said permit or to perform any work other than is provided for and as described in the permit. (Ord. 412 § 3.06, 1993)

13.04.190 Recordkeeping.

The water distribution manager shall prepare and keep on file in his/her office all records of town water service connections showing the information obtained in the course of inspection of the work completed under such permits. (Ord. 412 § 3.07, 1993)

13.04.200 Licensed contractor required when.

A. It is unlawful to construct, extend, relay, repair, change the use of, expand the use of, or to make connection to any town water service inside the property line without obtaining a permit from the town as hereinabove provided.

B. The town may issue such permit to the owner or occupant of any property to construct, extend, relay, repair, change the use of, expand the use of, or make connections to any town water service inside the property lines; in such event, however, such owner or occupant shall comply with the applicable provisions of this chapter, except that he/she need not employ a licensed water/sewer contractor to do the work if he/she makes the installation him/herself. However, should the owner or occupant employ another person to construct, extend, relay, repair, change the use of, expand the use of, or make connections to any town water service, it must be a contractor licensed by the town as set forth hereinafter, and such contractor shall secure the permit, but in such event the owner, occupant, or other person shall not lay pipe pursuant to such permit. (Ord. 412 § 3.08, 1993)

13.04.210 Extensions and connections in public areas.

It is unlawful for any person to construct a town water service or water extension or to make any connection to any town water system, or to lay, repair, alter or connect any town water service in any public area except by town utility personnel or a licensed water/sewer contractor licensed by the town as described hereinafter in Article 10 of this chapter. The town shall have the option of performing any portion of any service connection within any public area, at the option of the water distribution manager. (Ord. 412 § 3.09, 1993)

13.04.220 Work on town water system.

No licensed water/sewer contractor shall alter, extend or tamper with any town water system component, except in accordance with the conditions of the permit, town ordinances, and the water construction standards, and except under the supervision of the water distribution manager. (Ord. 412 § 3.10, 1993)

13.04.230 Safeguarding excavations.

It is unlawful for any person, whether owner, occupant, or licensed water/sewer contractor, to leave unguarded any excavation made in connection with the construction or repair of any town water service within four feet of any public place or fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any town water service. (Ord. 412 § 3.11, 1993)

13.04.240 Additional work—Approval required.

When a permit has been issued as herein provided, no work other than that covered by the permit shall be done without the approval of the water distribution manager; if the water distribution manager deems the additional work of sufficient consequence, a new permit may be required to cover the same. (Ord. 412 § 3.12, 1993)

13.04.250 Disconnection or removal of service.

It is unlawful to disconnect any town water service, or remove any portion of a town water service without securing a permit from the water distribution manager to do so. The disconnected service shall be plugged at a point designated by and to the satisfaction of the water distribution manager. (Ord. 412 § 3.13, 1993)

13.04.260 Water construction standards.

All work done to construct, extend, relay, repair, or to make connection to any town water service or water extension shall be carried out in compliance with the water construction standards. Copies of said standards will be available for inspection at Town Hall. (Ord. 412 § 3.14, 1993)

Article IV. Charges, Fees and Costs

13.04.270 Costs to be borne by owner.

All costs and expenses incidental to the installation, connection, or disconnection of a town water service shall be borne by the owner. The owner shall indemnify and hold harmless the town for any loss or damage that directly or indirectly be occasioned by the installation of a town water service by installers other than town utility personnel. (Ord. 412 § 4.01, 1993)

13.04.280 Permit application fee.

There shall be a nonrefundable fee for each town water service permit application. The application fee shall be twenty-five dollars ($25.00), payable at the time of application; except that there shall be no application fee for a permit to disconnect a service. (Ord. 412 § 4.02, 1993)

13.04.290 Installation charges.

The charge for the physical installation of any part of a town water service within any public area by town utility personnel as provided for in this chapter, shall be the actual cost of the labor, machine time, and materials, plus ten (10) percent to cover overhead and billing. This charge shall be due upon completion of the work and paid prior to use of the town water service connection. (Ord. 412 § 4.03, 1993)

13.04.300 Water system development fees.

A. A water system development fee as determined in this section, must be paid in the following manner:

1. Payment of five percent of the total fee prior to the issuance of the town water service permit, with the balance received prior to the final approval or use of the town water service; or

2. Payment in accordance with a contract with the town, approved by the town council. Such contract shall include appropriate interest, administrative fee (nonrefundable) and a requirement that upon sale or transfer of any interest other than a leasehold interest in the property for which the permit has been granted, the entire remaining balance due for payment of the permit shall become immediately due and payable without further notice by the town.

B. The water system development fee shall not apply to Town Hall, town maintenance, town water system, town park and town wastewater system facilities.

C. Water system development fees for low-income or permanently affordable housing units may be waived per RCW 35.92.380, upon a recommendation by town staff and decision by the town council, pursuant to the following conditions.

1. “Low-income housing” means housing with a monthly housing expense that is no greater than eighty (80) percent of the area median family income for Okanogan County, as defined by the United States Department of Housing and Urban Development (“HUD”) and adjusted for family size.

2. “Affordable housing” means housing with monthly costs, including utilities other than telephone, that do not exceed thirty (30) percent of a household’s monthly income.

3. “Permanently affordable housing” means housing that is subject to a community land trust ground lease or covenant recorded with the Okanogan County auditor ensuring that the covered housing unit will remain affordable for ninety-nine (99) years.

4. The grant of any waiver may be conditioned upon the receipt by the town of grants or donations in an amount sufficient to reimburse the sewer utility for the amount of the waiver, or the identification of sufficient town funds dedicated to affordable housing purposes to cover the amount of the waiver.

5. The grant of any waiver to a mixed-income project shall be conditioned upon a minimum of twenty-five (25) percent of the total units being dedicated to serving low-income households. The waiver may be proportional to the percentage of housing meeting the definition of “low-income” or “permanently affordable.”

6. The grant of any such waiver shall also be conditioned upon a requirement that the property owner supply documentation acceptable to the town that the housing unit(s) are eligible for the waiver as low-income or permanently affordable housing. Acceptable documentation must be binding on the owner(s), and their assigns, heirs, and successors, and must:

a. Establish price restrictions and household income limits for the low-income or permanently affordable housing;

b. Provide that the low-income or permanently affordable housing must remain utilized as such for the life of the project and cannot during the life of the project be converted to another use; and

c. Address reporting and monitoring requirements and any other topics related to the provision of low-income or permanently affordable housing units deemed necessary by the town.

7. A bond or an assignment of savings account/certificate of deposit, equal to the amount of the waived connection charges shall be required to ensure that the low-income or permanently affordable housing is constructed and successfully implemented.

8. The town may, at its sole discretion, establish a monitoring fee for the low-income units to cover the costs to the city to review and process documents to maintain compliance with low-income restrictions of the covenant.

D. The water system development fee for new town water service shall be computed using the following formula:

[Current ENR CCI/Base ENR CCI] x [Total ERU Cost]

Where,

Base ENR CCI	= Engineering News Record Construction Cost Index for Seattle on Nov., 1983.
	= 4560
Current ENR CCI	= Engineering News Record Construction Cost Index for Seattle for the month that the complete service application is filed.
Total ERU Cost	= The total number of ERUs for the new service using the ERU schedule, Article 5, of this chapter, applied to the following cost schedule:

First ERU	$500.00
Second through fourth ERU	450.00
Fifth through ninth ERU	405.00
Tenth through fourteenth ERU	365.00
Fifteenth through nineteenth ERU	328.00
Twentieth or more ERUs	295.00

E. The water system development fee for any expansion of, change in use of, or addition to, a building or structure that raises the ERU rating of an existing service connection, shall result in the obligation to pay an incremental water system development fee, computed by assessing the ERU cost only to the difference between the old and the new ERU rating established for that service.

F. The water system development fee for town water service outside the town limits shall be two times the fee determined for town water service within the town limits.

G. For the purposes of this chapter an existing service connection shall be defined as a connection to the town water system that has paid a hook-up fee specific to that connection, and paid a minimum of single-family water user charges specific to that connection from the time of payment of the hook-up fee, or meets the criteria established under Section 13.04.310(B) of this article. Any active connection that was connected prior to the establishment of any hook-up or connection fees by the town and that has been paying a minimum of single-family water user charges as a separate and individual service connection from any other service connection, shall also be considered an existing service connection under this chapter.

H. The payment of the cost of the installation of a connection from the town water system to the property line, or the installation and use of a seasonal irrigation line, shall not constitute the establishment of an existing service connection.

I. All water system development fees collected shall be paid into a special interest-bearing capital dedicated reserve account of the town or into a special sinking fund account for debt service payments as determined by the town council.

J. Monies collected from the water system development fee shall be used solely to finance increases in the town water system capacity including but not limited to the following:

1. Enlargement, upgrading and rehabilitation of the water supply system or equipment or elements thereof;

2. That portion of town water system conservation measures that directly contribute to reduced per capita demands on the town water system;

3. Debt service payments for any loans, bonds, notes or other evidence of indebtedness legally incurred by the town for the purposes of increasing the capacity of the town water system.

K. The monies collected from the water system development fees may not be used to finance routine maintenance and repair activities or other expenses solely related to operation of the system.

L. In the event that any owner does not actually connect to the town water system within six months of the granting of the permit referred to above, he/she may apply for a rebate of his/her water system development fee, in writing, for up to eighteen (18) months from the first permit date of issue. In such event, ninety (90) percent of the water system development fee shall be rebated to said owner. The ten (10) percent of such fee retained by the town shall be deemed necessary to cover the town’s administrative costs and capital expansion plans made in reliance of anticipated systems development needs. All service charges and connection fees paid by the owner in such circumstances shall be entirely retained by the town. (Ord. 780 § 1 (Exh. A), 2024; Ord. 412 § 4.04, 1993)

13.04.310 Abandonment of service line.

A. A service line shall be presumed to be abandoned by the owner when service charges have been unpaid for a period of one year. Except as provided in subsection F of this section, upon abandonment pursuant to this section, town service can be resumed only upon payment of a new water system development fee.

B. If a hook-up fee has been paid to the town for a property, prior to the passage of the ordinance codified in this chapter, and such property has not been paying monthly water user charges, the property owner shall pay the monthly water user charges from the month of passage of the ordinance codified in this chapter forward at the rate determined for a single- family residence, or the service shall be deemed abandoned. The town shall give public notice of this requirement in the same manner and for the same time period as that required for passage of a town ordinance. The town water service cannot be restored unless a new water system development fee is paid.

C. If a structure served by a town system is torn down or destroyed, the owner can either voluntarily abandon the service line or prevent abandonment by paying the service charges to the town in an amount equal to the charges prior to the building’s destruction.

D. Any property owner may voluntarily abandon their service line by written notice of their intention to do so to the town. Such service line shall be deemed abandoned upon receipt of said notice, and physical abatement of the line as may be required in the town’s water use ordinance.

E. If a service line is abandoned pursuant to this article, service charges to the property or building shall cease to accrue upon the effective date of the abandonment. However, abandonment pursuant to this article shall not relieve the owner of their obligation to pay the water utility balance due, prior to the date of abandonment.

F. In cases where the water service line has been abandoned for failure to pay service charges for a period of one year as set forth in subsection A of this section, a new bona fide purchaser for value of the property subject to the abandonment shall have the option to restore service to the property if the following conditions are met:

1. The new purchaser must exercise such option within one year of the date of abandonment of the town water service to the property;

2. The new purchaser must be a bona fide purchaser for value, which for the purposes of this subsection, shall mean a person, firm, corporation, company or entity that has purchased or been assigned the property for an amount that is equivalent to at least fifty (50) percent of the fair market value of the property, or at least fifty (50) percent of the current assessed value of the property as determined by the Okanogan County assessor, whichever is less. The new purchaser shall be required to produce the documentation substantiating the requirements of this subsection, and “new purchaser” shall not mean any assignee, transferee, heir or devisee, or entity, unless they meet the definition of a bona fide purchaser for value;

3. The water utility balance due prior to the date of abandonment, as well as any unpaid system development fees or other fees from the previous owner prior to abandonment must be paid in full;

4. All service charges based on the prior use of the property that would have accrued from the time of abandonment to the time the option to restore service is exercised, must be paid in full; and

5. The equivalent residential units (“ERU”) of water as required for any proposed use pursuant to Winthrop Municipal Code, Chapter 13.16, must be available for use as determined at the sole discretion of the town.

If the above conditions are met, a new purchaser may choose to reduce their level of ERU use to be applied subsequent to the date the option is exercised by the new purchaser. (Ord. 642 § 1 (part), 2012; Ord. 412 § 4.05, 1993)

13.04.320 Inspection fee.

An inspection fee shall be charged by the town as necessary to recover the town’s expenses in connection with the inspection work, including any consultants, testing, or other costs incurred by the town. This fee shall be a minimum of twenty-five dollars ($25.00). The balance of any inspection fee generated over and above the minimum, must be paid prior to the final approval or any use of the town water service. (Ord. 412 § 4.06, 1993)

13.04.330 Investigation fee.

A. An investigation fee shall be charged whenever any work for which a permit is required by this chapter has been commenced without first obtaining such permit, a special investigation shall be made before a permit may be issued for such work.

B. The investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the sum of the permit application fee and the inspection fee required under this chapter. The minimum investigation fee shall be the sum of the permit application fee and the minimum inspection fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. (Ord. 412 § 4.07, 1993)

13.04.340 Water user charges.

A. Water user charges shall be due starting six months from the date of issue of the first town water service permit to the owner, the first month water from the town water service is used, or the month in which an occupancy permit is issued, whichever occurs first, and shall be payable for the whole month at a rate determined by the town rate ordinance or contract rate if applicable.

B. The service charges shall continue regardless of whether the physical connection is made, until the service is abandoned, or a rebate of the water system development fee is requested in writing in accordance with the provisions of this chapter. (Ord. 412 § 4.08, 1993)

Article V. Water System Development Fee ERU Schedule

13.04.350 Schedule.

USE CLASS1	ERU	UNIT
Accessory dwelling unit	0.5	Per unit
Barber and beauty shops	0.3	Per station
Bed and breakfast	1.0 0.5	Owner residence Per transient room (limit 2)
Bowling alley	0.5	Per lane
Cafes, cafeterias, taverns, bars, restaurants, lounges, snack bars, delicatessens2	1.0 0.003	500 sq. ft. or less Each sq. ft. in excess of 500 sq. ft.
Car washes	20.0 2.0 1.0	Per automatic bay Per manual bay Per manual bay with 60% recirculated water
Churches, conference/meeting/banquet rooms, and similar facilities	0.03 0.04	Per 1,000 sq. ft. without in-house food-serving capabilities Per 1,000 sq. ft. with in-house food-serving capabilities
Gas stations3, 4	1.5 0.2	Per dispenser island Per fuel nozzle in excess four per island
Hotels, motels, cabins, lodges, inns	0.4 0.2 0.1	Per unit with 1 to 2 beds Per bed over 2 per unit Per unit with kitchen or kitchen access
Institutions with permanent or temporary residents, rest homes, etc.	0.4	Per resident (design capacity)
Laundries	0.5 0.75	Per machine, coin-operated Per machine, commercial
Light industrial, service commercial, warehousing	0.3	Per 1,000 sq. ft.
Multifamily residence, apartments5	0.78	Per unit
Offices and office buildings	0.75	Per 1,000 sq. ft.
Overnight/transient rentals and single-family tourist accommodations	1.0 1.5 2.0	Per unit—3 or less bedrooms Per unit—4 to 5 bedrooms Per unit—6 to 7 bedrooms Over 7 bedrooms classified with hotels, motels, cabins, lodges, inns
Retail stores	0.5	Per 1,000 sq. ft.
R.V. parks	0.5	Per space
Schools, elementary, day care, preschool	0.05	Per capita (maximum student capacity)
Schools, junior high	0.06	Per capita (maximum student capacity
Schools, high	0.07	Per capita (maximum student capacity)
Single-family residence (including duplexes and mobilehomes occupied as single-family residences)	1.0	Per unit
Theaters	0.02	Per seat

1 If more than one use category is applicable to a particular building, the building will be divided into areas of similar use categories and the ERU units for the building will be computed by adding the ERU unit determinations for each use category area. For uses not specifically described in this schedule, the number of ERU units to be assigned shall be determined on a case-by-case basis by the water distribution manager and approved by the town council. No less than 1.0 ERU unit will be assigned any building or portion thereof that has a separate town water service.

2 In computing area, the “total usable area” shall be used. “Total usable area” includes but is not limited to: kitchen areas, serving areas, washing areas, occupant areas, waiting rooms, storerooms, restrooms, lunch rooms, halls, entryways, showrooms and retail areas.

3 In computing the number of fuel nozzles, the town will only count the number of nozzles that can dispense fuel at the same time. For the purposes of this schedule, fuel includes all types of gasoline and diesel fuel.

4 For the purpose of gas station/retail store combinations, the retail space assessed at the retail store square footage rate shall be equal to the total retail space less four hundred (400) square feet or zero, whichever is greater. This adjustment is to account for the estimated retail space of a gas station without any general retail space.

5 A residential building or portion thereof shall be considered multifamily if it has more than one kitchen area.

(Ord. 715 § 1 (Exh. A)(part), 2019: Ord. 412 Art. 5, 1993)

Article VI. Obtaining Town Water Service Permit

13.04.360 Application—Payment of fees.

Application for such permit shall be made on a printed form furnished by the town. The applicable permit fee shall be paid at the time of application. The minimum inspection fee shall be paid prior to the issuance of the permit. Any inspection fee in excess of the minimum fee, shall be paid prior to approval and use of the town water service connection. The water system development fee shall be paid in accordance with Section 13.04.300. (Ord. 412 § 6.01, 1993)

13.04.370 Latecomer charges.

No permit shall be issued pursuant to this chapter until all latecomer charges, as might be required to be paid under contract with the town, have been paid. (Ord. 412 § 6.02, 1993)

13.04.380 Permit—Expiration—Extension.

No permit issued under this chapter shall be valid for a period longer than ninety (90) days except that one ninety (90) day extension may be granted by the water distribution manager upon application therefor prior to the expiration of same. Failure to renew said permit prior to the expiration thereof, and extensions beyond the aforementioned one extension shall require payment of a new permit fee. (Ord. 412 § 6.03, 1993)

Article VII. Inspection

13.04.390 Procedure.

A. No trench shall be filled or any town water service covered until the work has been inspected and approved by the water distribution manager. Any person performing work under a permit issued pursuant to this chapter shall notify the water distribution manager when the work will be ready for inspection. The water distribution manager shall make such inspection within forty-eight (48) hours after receipt of notice, excluding Saturdays, Sundays and holidays.

B. When so directed by the water distribution manager, either the licensed water/sewer contractor or a competent representative shall be available to meet the water distribution manager on the premises for the inspections. In the case of town water services where the owner or occupant is doing the work, the owner, occupant or a competent representative shall be available to meet the water distribution manager on the premises for the inspections when so requested. (Ord. 412 § 7.01, 1993)

13.04.410 Notice of defects.

If the water distribution manager finds the work or materials used are not in accordance with town water construction standards, he/she shall notify the person doing the work and also the owner or occupant of the premises by posting a written notice on the premises, and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. (Ord. 412 § 7.03, 1993)

13.04.420 Completion of work in public areas.

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, the water distribution manager may cause the same to be backfilled and the public area restored forthwith. (Ord. 412 § 7.04, 1993)

13.04.430 Town to perform work when.

If any work is not done in accordance with the provisions of this chapter and the town water construction standards, or where it is determined by the water distribution manager that a town water service is obstructed, broken or inadequate and is a menace to health or is liable to cause damage to either public or private property, then, after notice by the water distribution manager, the contractor, owner, or person doing the work, as the case may be, fails to properly construct, repair or complete such work within the time specified in such notice, the water distribution manager may disconnect such service and perform, or cause to have performed, such work as may be necessary to comply with town water construction standards and the cost of such work so done shall be charged to the property owner, occupant or contractor, as the case may be, and shall become immediately payable to the town upon written notice of such amount being delivered to such owner, occupant or contractor, or posted upon such premises. (Ord. 412 § 7.05, 1993)

Article VIII. Unlawful to Tamper with System

13.04.440 Unlawful activities designated.

It is unlawful to break, damage, destroy, deface, alter or tamper with any structure, appurtenance or equipment which is part of the water system of the town, or without authority from the water distribution manager, to break, damage, destroy or deface any public walk, curb or pavement, or to make openings or excavations in a public area for the purpose of connection to the town water system. (Ord. 412 § 8.01, 1993)

13.04.450 Backfilling of excavations.

All excavations made by any person in any public area shall be made and backfilled in accord with this chapter and the water construction standards. (Ord. 412 § 8.02, 1993)

Article IX. Authority of Water Distribution Manager

13.04.460 Right of entry.

The water distribution manager or his/her representatives, bearing proper credentials and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurements, sampling and testing of town water services and the water supplied by such services and performing all other acts or duties required of him/her in accordance with the provisions of this chapter. (Ord. 412 § 9.01, 1993)

13.04.470 Removal of trees and shrubs.

The water distribution manager is authorized to cause the removal of any trees and shrubs from any public area, or the roots of any trees and shrubs which extend into any public area when such trees and shrubs or the roots thereof are causing damage to or are liable to cause damage to any town water system component or appurtenance. (Ord. 412 § 9.02, 1993)

13.04.480 Promulgation authority.

The water distribution manager, on authority of the town council, may make rules and regulations and amend the same from time to time, as he/she shall deem necessary and convenient to carry out the intent of this chapter. (Ord. 412 § 9.03, 1993)

Article X. Licensing of Water/Sewer Contractors

13.04.490 License issuance.

A. As a condition precedent to the installation of town water services or water line extensions, a contractor shall be licensed in writing as a licensed water/sewer contractor by the town.

B. All water/sewer contractors shall be licensed and bonded in accordance with the requirements of the state of Washington.

C. The water distribution manager and wastewater operator shall review the applications of contractors wishing to perform work on town water services, the town water system, side sewer services, or public sewers. If the requirements for licensing are met the town will furnish the contractor with a license and will include his/her name in a published list of licensed water/sewer contractors.

D. Contractors failing to meet the requirements of the town’s ordinances and standards shall not be included or shall be removed from the list of approved contractors. Subsequent approval will not be given until evidence is provided to indicate that the requirements of the ordinances and standards have been met.

E. Licensing of a contractor by the town shall in no way relieve the contractor of his/her responsibility to perform work in accordance with all federal, state and local laws and regulations. (Ord. 412 § 10.01, 1993)

13.04.500 Surety bond.

The licensed water/sewer contractor applicant shall execute and deliver a surety bond of the amount set forth in the water/sewer construction standards in favor of the town, conditioned that he/she will perform all work in conformance with this chapter. (Ord. 412 § 10.02, 1993)

13.04.510 Liability insurance.

A. The licensed water/sewer contractor shall maintain a comprehensive liability insurance policy with minimum limits as set forth in the water construction standards.

B. The insurance policy or certificate of insurance in form satisfactory to the town must be filed in Town Hall. The licensed water/sewer contractor shall provide that the following hold harmless agreement shall be covered by insurance, subject to the minimum limits of liability specified above, and that evidence of the covering of this hold harmless agreement be furnished:

The contractor shall protect, indemnify, and save the Town of Winthrop harmless from and against any damage, cost, or liability for injury or death to persons or to damage or destruction of property arising out of the work performed by the contractor.

C. All insurance policies written by private insurance carriers shall be endorsed to provide that the policy shall not be canceled or reduced in coverage until after ten (10) days prior written notice, as evidenced by return receipt of registered letter, has been given to the town. (Ord. 412 § 10.03, 1993)

13.04.520 License cancellation.

If the licensed water/sewer contractor violates any provisions of this chapter, his/her license shall be withdrawn immediately by the water distribution manager and it shall be re-issued only upon a review of the case by the town council. This cancellation of license shall not exempt the licensed water/sewer contractor from any other penalties provided elsewhere in this chapter. (Ord. 412 § 10.04, 1993)

Article XI. Violation—Penalty

13.04.530 Violation—Penalty.

A. Notwithstanding any other section of this chapter to the contrary, any person who violates any provision of this chapter shall be guilty of a civil infraction. Each day that such violation continues to exist shall be deemed a separate violation and subject to penalty as follows:

1. Any first violation shall be a civil infraction subject to a twenty-five dollar ($25.00) penalty.

2. Any second violation shall be a civil infraction subject to a fifty dollar ($50.00) penalty.

3. Any third or subsequent violation shall be a civil infraction subject to a five hundred dollar ($500.00) penalty.

B. In addition to the penalties set forth above, any person who shall violate any provisions of this chapter shall be liable to the town for any expense, loss, damage, cost of inspection or cost of correction incurred by the town by reason of such violation including, but not limited to any cost to the town incurred in collecting from such person such loss, damage, expense, cost of inspection or cost of correction. (Ord. 412 § 11.01, 1993)

13.04.540 Notice of violation.

Any person found to be violating any provision of this chapter shall be served by the town 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 and make all necessary corrections. (Ord. 412 § 11.02, 1993)

13.04.550 Continuance of violation—Additional penalties.

Any person who shall continue any violation beyond the time limit provided for in Section 13.04.540, shall in addition to the items of expense provided in Section 13.04.530, pay interest at twelve (12) percent per year from the date of the time limit provided in Section 13.04.540 plus all costs associated with the collection of such amounts, including but not limited to attorney’s fees and court costs. In addition, the town may suspend water service and delivery to any premises upon which a violation continues beyond the time limit provided for in Section 13.04.540. (Ord. 412 § 11.03, 1993)