Title 13

PUBLIC UTILITIES

Chapters:

13.01      General Regulations

13.04      Repealed

13.08      Repealed

13.10      Water Utility Services

13.12      Water Emergency Response Plan

13.15      Wastewater System

13.16      Repealed

13.20      Reduced Utility Rates for Low-Income Senior Citizens and

            Low-Income Disabled Persons

13.25      Electrical Utility Distribution System

13.32      Utility Reimbursement Agreements

Chapter 13.01

GENERAL REGULATIONS

Sections:

13.01.010      Departments established.

13.01.020      Utility regulations and rates booklet.

13.01.030      Enforcement and penalties.

13.01.040      Restriction of utility service.

13.01.050      Unauthorized connections.

13.01.060      Tampering with utility meters.

13.01.070      Application and contract – Security deposit.

13.01.080      Change of use – Application and permit.

13.01.090      Limit of liability – Service interruptions.

13.01.100      Service connections ownership and maintenance.

13.01.110      Rates for utility services.

13.01.120      Utility payment due dates.

13.01.130      Meters required.

13.01.140      Water rights transferred to city.

13.01.150      System development charges.

13.01.160      Connection fees.

13.01.170      Lien for delinquency of payment.

13.01.180      Utility reimbursement agreements.

13.01.190      Reimbursement fees.

13.01.200      Equivalent residential units.

13.01.210      Meter placement and inspection.

13.01.220      Separate meters required.

13.01.230      Repair and replacement of meters.

13.01.240      Faulty meter – Computation of charge.

13.01.250      Meter reading – Right of entry.

13.01.260      Shared meter.

13.01.270      Unauthorized turn on – Disconnection – Charge.

13.01.280      Water shortage emergency.

13.01.290      Excavations – Safety requirements.

13.01.010       Departments established.

There are established and created a light department, sanitation department and water and wastewater department. The light depart­ment shall manage and operate city-owned electrical power systems and the supply and distribution of electrical power services to customers. The sanitation department shall manage and operate city refuse collection, refuse disposal and recycling programs. The water and wastewater department shall manage and control city-owned water and wastewater systems and the supply of water and wastewater services. The street department shall manage and control the storm water runoff and drain system.

The services for water, wastewater, electrical power, refuse collection, recycling and disposal, and the storm water drain system may be referred to collectively as “city utility services” and shall remain under the control, supervision and direction of the city administrator within the requirements established by the mayor and council through adopted ordinances, policies and budget constraints. (Ord. 945 § 6, 1999).

13.01.020       Utility regulations and rates booklet.

The city administrator may publish those regulations and rates for city utility services as authorized by CMC Title 13 and as adopted by resolution of the city council in the “City of Cashmere General Information Utility Regula­tions and Rates” booklet (Utility Regulations and Rates booklet) first adopted on September 26, 1994, and as may be updated as necessary by resolution of the city council to reflect changes in regulations, fees, and charges for city utility services. (Ord. 945 § 7, 1999).

13.01.030       Enforcement and penalties.

Any person, partnership, association, firm or corporation who violates or fails to comply with this CMC Title 13, is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in CMC 14.13.020 which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of CMC Title 13, is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the laws of the state of Washington.

Theft of city utility services, fraudulent application or service connections shall be prosecuted to the fullest extent allowed by Washington state law. (Ord. 945 § 8, 1999).

13.01.040            Restriction of utility service.

No person supplied with water or electrical utility services may use the same for any purposes other than that stated in the application, or to supply any other person or persons, firm or corporation except as provided in this chapter. In case any person is found violating any of the provisions of this section, the administrator shall cut off service supplied to the premises of the person so offending and shall not restore such service until all nonpermitted and improper service connections have been disconnected and application has been made for the correction of the nonpermitted connection, has been submitted to the city and all connection charges have been paid along with any penalties or fines. (Ord. 945 § 8, 1999).

13.01.050            Unauthorized connections.

It shall be a violation of CMC Title 13 for any person to make connection to any utility belonging to or under the control of the city or make any such connection after service has for any cause been discontinued, or to install or construct any utility services that fail to meet or exceed the standards and regulation contained or adopted by CMC Title 13. (Ord. 945 § 9, 1999).

13.01.060            Tampering with utility meters.

It shall be considered a theft of city property for any person to disturb, interfere with or damage any utility metering device, or in any way to distort or bypass a meter’s ability to accurately record the amount of utility service used. (Ord. 945 § 10, 1999).

13.01.070            Application and contract – Security deposit.

The owner or the owner’s duly authorized agent shall sign each application for utility services.

A. Application for the use of utility services shall be made by written contract on printed forms furnished by the city. The application shall contain the legal description and location of the premises where utility services are desired and other pertinent information as required by the city administrator.

B. By signing the application, the applicant shall agree to the terms and provisions of CMC Title 13 and to conform to the rules and regulations set forth by resolution of the city coun­cil.

C. Each application for utility service shall include payment of an account service charge to be determined by the city council and set forth by resolution of the city council including any applicable charges authorized by this chapter.

D. At the time application for utility service is made, each applicant may be required to deposit with the clerk-treasurer a security deposit in the amount as fixed by resolution of the city council and published in the Regulations and Rates booklet. The security deposit may be refunded after six months provided the customer has maintained a current account and is not delinquent in any payments to the city.

E. All costs for extending utility services including main line extensions and service line connections shall be at the expense of the property owners who will benefit by receiving the new or extended services. Costs shall be prorated among all benefiting land owners in accordance with the equivalent number of residential units method described in CMC 13.01.200. (Ord. 945 § 11, 1999).

13.01.080            Change of use – Application and permit.

If the owner or occupant of any premises using any city utility service desires additional capacity or for purposes other than as stated in their original application, they shall make a new application following the procedures established in CMC 13.01.070. No person shall be permitted to make any alterations or changes to existing utility services without first securing an approved permit. All permitted changes or improvements shall be inspected in accordance with the inspection ordinance of the city before the utility service shall be placed in service. (Ord. 945 § 12, 1999).

13.01.090                 Limit of liability – Service interruptions.

A. The city reserves the right to shut off any city utility service at any time without notice. This may be done in order to make repairs, extensions or for nonpayments of utility ser­vice fees and charges or in case of accident to any part of the city utility system or for any other purposes. The city shall not be responsible for any damage caused by any interruption of utility service including the breaking of any pipe or fixture or damage to any electric motor or electric appliance or fixture stoppage or any loss of business revenue or any other damage resulting from the shutting off or restarting of the water or electric service.

B. Customers who have three-phase services shall have protective devices to prevent equipment damage in the event one or more phases is lost due to city equipment failure. (Ord. 945 § 13, 1999).

13.01.100       Service connections ownership and maintenance.

A. Water Service Line.

1.City Ownership of Water Mains. The city shall have ownership of all water mains that are located within right-of-way or a dedicated easement; provided, that the water mains have been accepted by the city. City ownership for water mains that extend onto private property without a dedicated easement terminate at the isolation valve located in the right-of-way, or at the right-of-way line when there is no isolation valve.

2.City ownership extends from the water main to the meter box when the meter box is located within the right-of-way or a dedicated easement. The city ownership extends from the water main to the isolation valve in the right-of-way when the meter is located on private property or to the right-of-way line when there is no isolation valve in the right-of-way.

3.The city shall own all meters and meter boxes regardless of whether they are located within the right-of-way or on private property.

B. Wastewater Service Line. The wastewater service line extends from the wastewater main to the building and is owned entirely by the property owner. All costs for installation, repair and maintenance are the responsibility of the property owner. The property owner shall repair any break or blockage on private property, public right-of-way, in an easement or within the building plumbing.

C. Electrical Service Line.

1.For electrical service, the city ownership ends at the point of delivery. The point of delivery is that point on the customer’s property specified by the city, where the city terminates its electrical service conductors by connecting to the property owner’s wires. The city retains ownership of the meter.

2.The point of delivery for an overhead service line must be such that the city’s service conductors can be terminated without attachment to the building. The property owner shall provide an insulated bracket attached to the service conduit below the weatherhead.

3.The point of delivery for an underground service may be a pole, transformer pad, transformer vault, handhole or other specified point. The property owner shall provide all trenching, backfill and restoration to a location determined by the city. (Ord. 1081 § 1, 2006; Ord. 1028 § 1, 2003; Ord. 945 § 14, 1999).

13.01.110       Rates for utility services.

The city council shall establish and as deemed appropriate amend by resolution rates to be paid for the consumption of water, electricity, wastewater and all other service and connection fees as provided by CMC Title 13. Whenever any such rules or regulations or rates are changed by the council, due notice thereof shall be given to the public by publication once in the official newspaper of the city, and published in the City of Cashmere General Information and Utility Regulations and Rates booklet. (Ord. 945 § 15, 1999).

13.01.120       Utility payment due dates.

All charges for utility services including water, wastewater, city electrical, and refuse services shall be due and payable at the office of the city clerk-treasurer on or before the seventeenth day of the month in which the bills are issued. Unpaid charges become delinquent on the first business day after the seventeenth at which time a delinquency notice will be mailed to the property owner.

An additional service charge, as set by resolution of the city council, shall be added to delinquent accounts for administrating delinquent notices and reconnections.

The administrator is authorized to discontinue any or all utility service of any utility customer in the event that the account becomes delinquent and has not been paid by the first business day of the next month. Delinquency in payment of any one utility fee shall be considered a delinquency of the entire account. (Ord. 945 § 16, 1999).

13.01.130            Meters required.

All rates for the use of city water and electrical utility services shall be on the basis of meter reading. Rates for wastewater services to residential customers shall be based on a flat rate per equivalent residential unit. Wastewater rates to industrial, commercial or public customers shall be based on the volume of water used and the type of wastewater generated (e.g., BOD loading, and presence of other substances that will require additional measures to treat the wastewater). (Ord. 945 § 17, 1999).

13.01.140            Water rights transferred to city.

As consideration pursuant to the 1995 “Agreement to Transfer Water Right”, the city of Cashmere shall continue to provide water to Blue Star Growers, Inc. at existing water rates for a period of 20 years (through 2015).

 

 

(Ord. 945 § 18, 1999).

13.01.150            System development charges.

The purpose of system development charges is to help defray the costs of past and future system improvements. Every new utility connection shall be assessed a one-time system development charge for each new utility service connection. Each city utility service (water, wastewater, electrical, and storm drains) is subject to a separate system develop­ment charge.

A. System development charges shall be based upon the number of equivalent residential units assessed. Any conversion of property use that increases the number of ERUs shall be assessed for the number of new ERUs created.

B. New commercial or industrial utility connections shall be assessed a system development charge based upon the number of ERUs or size of connection as specified in the CGI and UR and Rates booklet for the business.

C. System development charges for a specific utility service delivered to a specific development or parcel of land are one-time charges that are based on equivalent residential units.

1.At such time that additional connections are added on any parcel, the additional ERUs will be assessed as specified in the CGI and UR and Rates booklet.

D. All rates for utility system development charges shall be adopted by resolution of the city council and published in the City of Cash­mere General Information and Utility Regulations and Rates booklet, first adopted by Resolution 11-94 on September 26, 1994, and updated by resolution of the city council. (Ord. 945 § 19, 1999).

13.01.160            Connection fees.

Each new utility connection, installation or upsizing of an existing utility service shall be assessed a connection fee to cover the cost of labor and materials to make the service connection to the main line, and for any meters or other equipment necessary to install the service. Rates charged for making new connections or upgrades shall be adopted by resolution of the city council and published in the City of Cashmere General Information and Utility Regulations and Rates booklet. (Ord. 945 § 20, 1999).

13.01.170       Lien for delinquency of payment.

The owner of property to which utility services are provided shall be responsible for the payment for any utility services provided to such property. The property owner shall also be responsible for payment of all connection fees, repair costs, system development charges and any applicable utility local improvement charges or reimbursement agreement charges as are authorized by CMC Title 13.

Any billings for utility services, fees or charges for delivery of utility services to the property which have not been paid within 30 days of the last billing date shall become a lien against the real property to which the services are provided, as set forth in RCW 35.21.290 and 35.21.300. (Ord. 945 § 21, 1999).

13.01.180       Utility reimbursement agreements.

Development of new utility main lines may be accomplished by a utility local improvement district (ULID) established by petition of property owners as specified by Chapter 36.91 RCW, or when applicable by use of a utility reimbursement agreement meeting the requirements of Chapter 13.32 CMC. (Ord. 945 § 22, 1999).

13.01.190       Reimbursement fees.

Whenever the city constructs a new utility, improves or extends an existing utility, or accepts a utility which has been constructed as a utility reimbursement contract as provided for in Chapter 13.32 CMC, which will provide connections for or benefit only a limited number of properties within a defined geographic area, the owners of those properties who thereafter seek connection to the city’s utility through the improvement shall be required to pay, in addition to both general connection charges and system development charges, a “reimbursement fee” consisting of an equitable share of the costs which have been incurred for providing the utility improvement (or extension).

A. The amount of the “reimbursement fee” for all utilities, except storm water drains, that will be assessed shall be determined by the city according to the following procedure:

1.The total project cost of the utility improvement shall include all costs to design, engineer, construct, administrate, acquire additional easements or rights-of-way, and install the utility extension/improvement within a specific geographic area to be served by the utility improvement.

2.The total number of equivalent resi­dential units for a specific utility improvement project shall be determined by an engineering report. This report shall use the following fac­tors in determining the total equivalent residential units in a given area: the total land area, topography, anticipated land uses and zoning density.

3.The share per residential dwelling unit shall be determined by dividing the total project cost by the total number of equivalent residential units as determined in subsection (A)(2) of this section.

4.Reimbursement fees shall apply to all connections made for a period not to exceed 15 years after the date the city makes final acceptance of the improvement.

5.Reimbursement fees shall also be collected from any property owner outside of the initial benefit area who requests connection to the utility improvement. These reimbursement fees shall be 125 percent of the per equivalent residential unit cost.

B. Storm water runoff is a variable subject to site-specific conditions such as slope, percent of impervious surfaces, and soil conditions. Therefore, the amount of a “reimbursement fee” for storm water drains will be determined by the city according to the following procedure:

1.A professional engineer’s assessment shall be provided by the developer that determines the area and conditions after development and the resulting storm water runoff volume and velocity and potential pollutants that will enter the city’s storm drain system and the proportionate costs for adequate conveying of that volume of storm water through the storm drain system.

2.A reduced reimbursement fee may be considered for on-site efforts to control the volume and timing of storm water runoff entering the storm drain system such as detention ponds or basins, infiltration pits and trenches, deep catch basins, artificial wetlands, habitat areas or open space.

3.All storm drains shall include meth­ods to prevent pollutants from entering the storm drain system, as required by CMC 15.09.080. (Ord. 1018 § 1, 2002; Ord. 945 § 23, 1999).

13.01.200       Equivalent residential units.

The purpose of equivalent residential units (ERUs) is to assist in the fair proportioning of costs for new utility systems to the properties that will benefit from the new systems. One equivalent residential unit equals one single-family residence. Calculating of the maximum equivalent residential units for a parcel of land is accomplished by the following formula:

A. To determine the maximum number of ERUs per parcel of land for those areas which are zoned residential: divide the net land area available for development by the maximum number of single-family residential lots that could be created at maximum zoning density allowed by CMC Title 17 (net land area for development equals the gross land area less any area necessary for roads).

B. The minimum number of ERUs shall be not less than one per parcel of land.

C. A property owner may request that the number of ERUs determined for their property be determined based on the following factors:

1.Pending applications for dividing land; or

2.Physical property conditions, recorded easements, or legal factors that limit the potential for future development; or

3.A signed statement acknowledging that if additional connections above the number of ERUs assigned to the property are desired at a future date those connections shall be subject to the latecomer charges as authorized by CMC 13.01.190.

D For multifamily developments each dwelling unit shall be considered as 0.8 ERU.

E. Commercial, Industrial or Public Developments. The number of equivalent residential units shall be calculated by a professional engineer and based upon the design capacity of the development and volume of utility services to be consumed on a basis of equivalent utility as provided for in the CGI and UR and utility regulations and rates booklet.

F. Values to be assessed for each equivalent residential unit or fraction thereof shall be determined on a case by case basis as follows: Total actual development costs for a utility improvement project shall be divided by the total number of equivalent residential units that receive benefits. Total development costs shall include all actual costs directly related to the engineering, administration, and construc­tion of a utility improvement project. (Ord. 1018 § 2, 2002; Ord. 945 § 24, 1999).

13.01.210     Meter placement and inspection.

All meters and meter boxes and lids shall be the property of the city and shall be set and placed for use upon lands or structure at the applicant’s expense and shall be so placed as to render the meter or meters convenient and accessible to the inspection and reading thereof by authorized agents of the city.

A separate meter in accordance with the provisions of this chapter must connect each separate dwelling, building, block or structure. (Ord. 945 § 25, 1999).

13.01.220     Separate meters required.

Whenever any person desires to use water or electric current for purposes classified under different heads or rates, a separate meter shall be installed to measure the water or electric current at each rate. (Ord. 945 § 26, 1999).

13.01.230     Repair and replacement of meters.

In all cases where meters are lost, or damaged by fire, negligence or deliberate acts by the property owner or tenant, they will be replaced by a new meter and the cost shall be charged to the owner or occupant of the pre­mises. (Ord. 945 § 27, 1999).

13.01.240       Faulty meter – Computation of charge.

In the event a meter becomes out of order or fails to register the proper amount of utility service consumed, the owner or occupant of the premises where such faulty meter is being used shall be charged at the average rate of consumption which was recorded for the past 12 months that the meter or meters were in running order. (Ord. 945 § 28, 1999).

13.01.250       Meter reading – Right of entry.

The city administrator and or authorized agents are granted the right to enter all premises for the sole purpose of reading and inspecting any such utility meter or meters during normal city business hours. No service will be commenced until a fully operational meter has been installed and inspected.

Upon notice to the property owner, employees of the city and all other persons authorized by ordinances of the city shall have access, during normal city business hours, to any part of a structure which is being supplied with city water, wastewater or electric utility service for the purpose of inspecting the condition of water pipes and electric wiring and the fixtures used in such buildings and the manner in which they are being used. It is unlawful for any person to violate any of the provisions of this section. (Ord. 945 § 29, 1999).

13.01.260       Shared meter.

When two or more families, firms, or corporations are tenants in one building, or multiple-housing units under one ownership and use a city utility service through the same meter the charge shall be computed as follows: The total charges shall be billed to the property owner who shall be responsible for making payment in full. (Ord. 945 § 30, 1999).

13.01.270       Unauthorized turn on – Disconnection – Charge.

Should any unauthorized person turn on water or electric service or allow or cause a utility service to be turned on after it has been turned off by the city, the service pipes or electric wires shall be disconnected from the city water or electric system and a charge for the expense of disconnecting said utility, and a charge for reconnecting said utility shall be specified in the City of Cashmere General Information and Utility Regulations and Rates booklet. Repeated violations of this section shall be considered a theft of city utility services which shall be prosecuted to the fullest extent of the law. (Ord. 945 § 31, 1999).

13.01.280       Water shortage emergency.

The city council may declare a water shortage emergency and direct that one or more of the following measures be implemented to conserve water for basic household and domestic uses, excluding watering of lawns and gardens.

A. Direct water customers that lawn and garden watering be done only on designated days.

B .Direct that water customers cease all outside use of watering from city systems.

C. Direct that each water customer be allowed a certain number of gallons of water per specified time period, the number of gallons and time period to be determined by the severity of the drought conditions and any limits placed upon the city’s ability to withdraw water from all available sources.

D. Notice of a water emergency shall be in the official city newspaper weekly during the emergency and may also be posted or delivered to assure all customers receive timely notice. (Ord. 945 § 32, 1999).

13.01.290       Excavations – Safety requirements.

All excavations for building wastewater installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. A permit shall be required for any work within a street right-of-way. All restoration and patching of streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be completed to the standards and specifications contained in the City of Cashmere Design Standards Manual and restored promptly in a manner satisfactory to the city. (Ord. 945 § 33, 1999).

 

Chapter 13.04

WATER AND LIGHT DEPARTMENT

(Repealed by Ord. 945)

Chapter 13.08

SEWER SYSTEM

(Repealed by Ord. 945)

Chapter 13.10

WATER UTILITY SERVICES

Sections:

13.10.010      Purpose.

13.10.020      Water service – Limitation outside city limits.

13.10.030      Design and construction standards.

13.10.040      Water connection – Requirements – Inspection.

13.10.050      Service pipes – Protection from freezing.

13.10.060      Water rates – City water station.

13.10.070      Water rates – Fire hydrant meters.

13.10.100      Adoption of state regulations.

13.10.110      Adoption of Accepted Procedure and Practice in Cross-Connection Control Manual.

13.10.120      Implementation of cross-connection control program.

13.10.130      Prevention of backflow and back-siphonage.

13.10.140      Inspections.

13.10.200  Fire protection – Requirements – Testing.

13.10.210  Fire protection violations – Charges and penalties.

13.10.220  Fire hydrant – Obstruction prohibited.

13.10.230  Fire hydrant – Unauthorized use prohibited.

13.10.010       Purpose.

To establish policies and regulations specific to the provision of water utility services within the city of Cashmere. (Ord. 945 § 34, 1999).

13.10.020       Water service – Limitation outside city limits.

The adopted rates for services rendered outside the city limits do not in any way reflect the city’s ability or desire to provide services outside the city limits. The inclusion of rates in the City of Cashmere General Information Utility Regulations and Rates booklet for services outside the city limits is intended to service existing accounts only.

New accounts for water service for properties outside of city limits, at the time of application, will be approved only after the property has been annexed into the city limits. Existing services outside of the city limits prior to May 10, 1999, shall be provided by contract and upon criteria established by the city council and existing at the time of application.

Water utility service shall not be provided to any property that is not connected to the city wastewater utility service. (Ord. 945 § 35, 1999).

13.10.030       Design and construction standards.

All water system designs, materials, excava­tions, backfilling and patching of roads or sidewalks and workmanship for extension of water mains and service connections up to the point of delivery shall comply with the specifications contained within the City of Cashmere Design Standards Manual. (Ord. 945 § 36, 1999).

13.10.040       Water connection – Requirements – Inspection.

All taps into the city water main and installation of water meters shall be made only by city personnel. All other trenching and lines necessary for service connections shall be made by the property owner with inspection and approvals by the city for all work conducted between the main and the point of delivery (meter). (Ord. 945 § 37, 1999).

13.10.050       Service pipes – Protection from freezing.

Service connection lines for the supply of water shall be controlled by a stop and waste cock with extension handle properly protected from the frost and so placed within the premises that the service pipes may be drained during freezing weather. No remission of rentals or of fixed or minimum charges will be allowed on account of frozen pipes or on the premises where water is being delivered and the city shall not be held liable for damages caused on account of any frozen pipes whatsoever. (Ord. 945 § 38, 1999).

13.10.060       Water rates – City water station.

Rates for water consumption shall be set by resolution of the city council and published in the City of Cashmere General Information and Utility Regulations and Rates booklet.

The city is authorized to sell water from the city standpipe at the corner of Mission Avenue and Woodring Street at a rate to be set by the city council. (Ord. 945 § 39, 1999).

13.10.070       Water rates – Fire hydrant meters.

The city administrator may issue a permit for connecting to a fire hydrant for water necessary during construction of streets, subdivisions, or other public works projects. Any such connection shall be easily removable to allow emergency access by the fire department. Rates for water from a fire hydrant shall be set by resolution of the city council. (Ord. 945 § 40, 1999).

13.10.100       Adoption of state regulations.

The rules and regulations of Chapter 248-54 WAC pertaining to public water supplies as presently set forth therein or as such rules and regulations may be amended from time to time in the future, are hereby adopted by this reference and incorporated herein as though fully set forth. (Ord. 945 § 41, 1999).

13.10.110       Adoption of Accepted Procedure and Practice in Cross-Connection Control Manual.

The most recent edition of the Accepted Procedure and Practice in Cross-Connection Control Manual, published by the Pacific Northwest Section, American Waterworks Association, is adopted by this reference and incorporated herein as though fully set forth. (Ord. 945 § 42, 1999).

13.10.120       Implementation of cross-connection control program.

City administrator or designee shall be responsible for implementation of the cross-connection control program. In implementing the program, any authorized representative of the city may take action as required. (Ord. 945 § 43, 1999).

3.10.130       Prevention of backflow and back-siphonage.

To prevent backflow or back-siphonage, the following are the minimum requirements:

A. If the city supplies water to a premises having an auxiliary water supply, such as well water, irrigation ditch water, there shall be required an approved double check valve assembly at the service connection.

B. If the city supplies water to a premises on which there is an auxiliary water supply and/or the handling of chemicals, or liquids in piping systems where internal cross-connections that are not correctable or intricate plumbing arrangements which make it impractical to the city to ascertain whether or not cross-connections exist, there shall be required a reduced pressure type back-flow prevention device at the service connection.

C. If the city supplies water to a premises on which materials dangerous to health or wherein toxic substances are handled, there shall be installed a reduced pressure type back­flow prevention device at the service connection. Additional anti-siphon devices may be required at other locations within the premises to avoid cross contamination of water supplies.

D. If the city supplies water to premises whose entry is physically restricted so that inspection for cross-connections cannot be made sufficient to assure that cross-connec­tions do not exist, there shall be installed a reduced pressure backflow prevention device at the service connection.

E. If the city supplies water to premises on which any substance that is not a health hazard but is under pressure so as to enable entry into the public water supply or where a cross-connection could reasonably be expected to be present, there shall be installed a double-check valve assembly at the service connection.

F. If the city supplies water to premises having a repeated history of cross-connections being established or reestablished, there shall be installed a double check valve assembly at the service connection. (Ord. 945 § 44, 1999).

13.10.140       Inspections.

The control of cross-connections requires cooperation between the customer and the city. Avoiding and eliminating cross-connections and sanitary hazards requires inspection of all new and existing buildings, structures and grounds by the city and an inspection program shall be conducted as outlined below.

A. New and Proposed Construction.

1.Upon application for water connec­tion to a new or proposed building which exceeds 30 feet in height or is considered to be a possible cross-connection health hazard, there shall be required in addition to said application, in writing, the size, type and location of any and all backflow devices pertaining to the premises to be submitted to the city water department.

2.Before connection to the water sys­tem of the city, all backflow devices and possible cross-connections shall be examined by an authorized water department representative.

3.Water connection will be allowed by the city only after approval in writing by the authorized water department representative.

B. Existing Buildings, Structures and Premises.

1.Based upon identification and assessment of potential cross-connection hazards in the water system, an initial inspection of all premises receiving water from the city will be conducted by an authorized representative of the water department certified in cross-connection control by the Department of Social and Health Services.

2.The inspection shall proceed according to the following steps:

a. A letter will be sent to each commercial metered customer explaining the program and stressing the relationship between cross-connections and water-borne disease epidemics, types of health hazards in cross-connections normally to be found and will include also the duties and liabilities of the owners or managers of the premises and the rules and regulations applicable to them. The letter shall also include a brief checklist of desired information, including, but not limited to, the type of water used on the premises, auxiliary water supplies, chemicals used and certain types of fixtures installed. The information shall be returned to the water department.

b. Based upon the known information of the commercial customer’s operations and the information received from the commercial customer, an inspection schedule will be prepared based upon the degree of hazard present.

c. No less than 10 days prior to the scheduled date of inspection, a letter will be directed to the commercial customer requesting an appointment with the owner/manager of the premises to discuss the necessity for the inspection and other pertinent matters.

d. On the appointed date and time, the city administrator or his authorized representative will meet the owner/manager and explain the purpose of the inspection, request permission to make the inspection, suggest to the owner/manager that he or she appoint an individual from his or her firm that is knowledgeable with the plumbing system to accompany the inspectors, obtain any blueprints or drawings of the “in plant” system that are available and discuss any questions or other concerns the owner/manager may have.

e. On the scheduled date both a building inspector from the city and a water department inspector from the city, with a plant representative, if any, will make a complete physical survey of all exposed piping and the underground system, if possible, with each line being followed to its end and a survey being made to determine whether there are any actual or potential cross-connections or any other conditions that may tend to pollute the potable water system.

f. Immediately upon completion of the survey and inspection, the building inspector and water department inspector will orally brief the owner/manager and/or the plant representative of their findings.

g. The building inspector and water department inspector shall then prepare a written report to include the following:

i. Identifying information,

ii. All cross-connections found, their location and optional methods of control,

iii .All industrial fluids, chemicals or other contaminating liquids discovered and/or pumped under pressure and their use and probability of cross-connections,

iv. Any applicable drawings, sketches, blueprints or other documents used in support of the inspections,

v. A summary of findings,

vi. Specific recommendations.

h. Three copies of the written report shall be submitted to the city administrator.

i. The city administrator or his authorized representative, upon completion of review of the written report, shall prepare a letter to the owner/manager of the premises outlining the findings of the report and the corrective action required, if any, and further establish a corrective action completion date by which corrective action must be completed. A copy of the letter and written report will be sent to the public health officer of the Chelan-Douglas health department.

j. On the corrective action completion date, a water department inspector shall re-inspect the items that required corrective action.

k. Upon completion of re-inspection, the water department inspector shall report in writing to the city administrator the results of the reinspection.

l. After receipt of the results of the reinspection and the evaluation of the same, the city administrator or his authorized representative shall take such action as deemed appropriate, including, but not limited to, a referral to the city attorney’s office for enforcement action.

m. When all corrective actions have been completed, all documents shall be placed in the cross-connection control file.

n. Further inspection shall be accomplished annually or more often as necessitated by the degree of hazard. (Ord. 945 § 45, 1999).

13.10.200 Fire protection – Requirements – Testing.

Pipes for fire protection devices must be fitted with such fixtures as are needed for fire protection and no other fixtures shall be allowed connected therewith. The administrator shall seal each and all fixtures for fire protection. When practicable the hose shall be kept attached to the fixtures and suspended conveniently for use in case of fire. Persons having no such connections for fire protection may test their fire apparatus at any time under the following rules and conditions:

A. Written notice must be given to the administrator, stating the day and hour when it is desired to make the test. The administrator will then fix said time or such other time as is convenient by his or her order.

B. All tests must be made in the presence of the administrator or employees of his or her department, whose duty it shall be to remove and replace the seals of the water and wastewater department upon the fire apparatus and noting the time required for making such tests.

C. Seals may not be removed except in case of fire and after the same have been so removed a written notice shall be filed with the administrator at his or her office stating the time, hour and duration of use for such fire purposes. (Ord. 945 § 46, 1999).

13.10.210 Fire protection violations – Charges and penalties.

If any person uses any fire protection apparatus or fixtures or breaks the seals provided for in CMC 13.10.200, except in case of fire, or violates any of the provisions of CMC 13.01.280, the administrator shall charge such amount as in his discretion is right and proper for the water used or he may assess the owner or occupant a penalty of $5.00 for the first offense and $10.00 for each successive offense, which penalty shall be entered and collected against the owner or occupant of the premises upon which fire protection fixtures are located and collect the same as other water rents and charges are collected; provided, however, that no charge shall be made for water used in extinguishing fires. (Ord. 945 § 47, 1999).

13.10.220 Fire hydrant – Obstruction prohibited.

It is unlawful for any person to obstruct or hinder the access to any fire hydrant by placing around or upon the hydrant any brick, lumber, stone, dirt or any other material or thing, or to permit or cause to be permitted any such material to be placed around or thereon by those in his employ, or in any other manner not mentioned herein obstruct the free access to any such fire hydrant in the city. (Ord. 945 § 48, 1999).

13.10.230 Fire hydrant – Unauthorized use prohibited.

All fire hydrants shall be under the control and shall be kept in repair by the water and wastewater department and by the fire department in case of fire and such other persons as the administrator may authorize to have free access to the hydrants. It is unlawful for all other persons to open any fire hydrant or attempt to draw water therefrom without a permit or willfully or carelessly injure the same. (Ord. 945 § 49, 1999).

Chapter 13.12

WATER EMERGENCY RESPONSE PLAN

Sections:

13.12.010      Purpose.

13.12.020      Authority.

13.12.030      Emergency levels.

13.12.040      Implementation.

13.12.050      Enforcement.

13.12.060      Variance.

13.12.070      Appeal.

13.12.010       Purpose.

It is in the public interest to promote the conservation of the city’s water supply in order to protect the health, welfare, and safety of water users in times of water emergency. The city reserves the right to exercise its police powers through emergency measures as set forth in this chapter. (Ord. 1062 § 1, 2005).

13.12.020       Authority.

The mayor, when necessary for the protection of the public health, safety, and welfare, shall have the authority to declare various levels of water emergencies, determine the dura­tion and to implement the water conservation measures set forth in this chapter. (Ord. 1062 § 1, 2005).

13.12.030       Emergency levels.

The following policies and procedures shall apply for various levels of water emergency as set forth in this section:

A. Level 1 – Anticipate Serious Water Shortage. The mayor may declare a Level 1 water emergency when a water shortage is anticipated but not immediate and voluntary reductions in consumption are necessary. At this response level public works departments will begin making internal preparations. Staff will notify water users of the necessity of water conservation and request voluntary conservation. Staff will also provide the public with methods of water reduction, and newsletters and newspaper articles encouraging voluntary water conservation. Staff will contact large water consumers first, encouraging them to implement water reduction measures.

B. Level 2 – Critical Water Shortage – Limited Outdoor Restrictions. The mayor may declare a Level 2 water emergency when water supplies are critically impacted and water demand must be reduced. The mayor is further authorized to prohibit or regulate nonessential uses of water within the water system during such times as there is an actual or impending water shortage, pressure loss in the distribution system, or for any other reasonable cause inside or outside of the city. The mayor is authorized to implement any or all of the following elements:

1.Specified days or hours for irrigating, sprinkling or watering lawns, gardens and city parks and facilities;

2.Prohibiting runoff from irrigation, sprinkling or watering lawns and gardens;

3.Discontinuance of washing sidewalks, walkways, driveways, parking lots, patios, streets and other exterior paved areas by direct hosing, except as may be necessary to prevent or eliminate materials dangerous to the public health and safety;

4.Require breaks or leaks in customers’ water services be repaired within 48 hours after the break or leak is discovered, or consumer receives notice from the city that such a leak or break exists;

5.Prohibit watering of commercial or industrial landscape areas;

6.Prohibit washing of privately owned vehicles, trailers, boats, etc., except at a com­mercial establishment specifically for that purpose.

C. Level 3 – Emergency Water Shortage – Mandatory Outdoor Restrictions and Indoor Conservation. The mayor may declare a Level 3 water emergency when a water shortage exists such that maximum flow reduction is immediately required, water available to the city is insufficient to permit any irrigation, watering, or sprinkling, and all available water is needed solely for human consumption, sanitation and fire protection. The mayor is authorized to implement such emergency water and/or sewer rates as are deemed necessary and he/she may prohibit all nonessential uses of water, including but not limited to the following elements:

1.Washing of vehicles at home;

2.Watering lawns and landscaping;

3.Filling of swimming pools, hot tubs or spas;

4.Shut down the city standpipe except to city residents who depend on the standpipe as a sole source of water;

5.Industrial users reduce water consumption by 10 percent. (Ord. 1062 § 1, 2005).

13.12.040       Implementation.

Prior to the implementation and enforcement of any of the above levels, the mayor shall take reasonable efforts to circulate information to customers regarding the water emer­gency response plan, which shall include, at a minimum, publication in the official newspaper of the city at least one week in advance of the effective date and contact radio stations to air public service announcements of the level of restriction. If, at any time, urgent circumstances exist that require immediate notification, implementation and enforcement, the mayor may provide notification to affected customer(s) by personal service, posting notices at customers’ residences, and/or by posting notices at public locations: city hall, library, post office, etc. (Ord. 1062 § 1, 2005).

13.12.050       Enforcement.

The mayor or designee shall have the authority to enforce the provisions of this chapter. (Ord. 1062 § 1, 2005).

13.12.060       Variance.

The mayor or designee may grant a temporary variance for the prospective use of water otherwise prohibited by this chapter. The variance shall be in writing and shall be based on a determination by the mayor. The variance shall indicate the unusual circumstance that would result in an extraordinary hardship that would adversely affect the health, sanitation, or fire protection of the applicant. The determination of the mayor shall be final unless appealed. (Ord. 1062 § 1, 2005).

13.12.070       Appeal.

The applicant that is adversely affected by the decision of the mayor may appeal the determination to the city council, in writing within 24 hours of the mayor’s determination. The 24-hour period shall exclude Saturday, Sunday and legal holidays. The city council’s decision shall be final and may not be appealed. (Ord. 1062 § 1, 2005).

Chapter 13.15

WASTEWATER SYSTEM

Sections:

13.15.010      Connection to city wastewater system required.

13.15.020      Separate and independent line required – Waived when.

13.15.030      Wastewater service – Limitation outside city limits.

13.15.040      Depositing or permitting waste prohibited.

13.15.050      Discharge to streams or storm drains prohibited.

13.15.060      Discharge of certain waters prohibited.

13.15.070      Wastewater discharge prohibitions.

13.15.080      Privy, septic tank or cesspool prohibited.

13.15.090      Industrial waste pretreatment required.

13.15.100      Design and construction standards.

13.15.110      Grease and sediment traps required.

13.15.120      Opening or disturbing system – Permit required.

13.15.130      Damaging property of the system prohibited.

13.15.140      Connection by city – Collection for costs.

13.15.150      Wastewater rates – Service fee schedules.

13.15.160      Repair of defective side sewer.

13.15.170      Compliance with provisions required – Violation procedure.

13.15.180      Sewer lift stations – Private.

13.15.010       Connection to city wastewater system required.

A. All buildings within the city limits designed and constructed for residential, business, commercial, public, or industrial purposes shall have all sanitary facilities connected to the city wastewater system.

After the adoption date of an ordinance to annex an area into the city, all existing developments shall be connected to the city wastewater system when its existing on-site treatment system fails, and where existing wastewater lines are available within 300 feet of any property line.

1.Any of the following shall be cause for classification as a “failed” on-site wastewa­ter treatment system:

a. Determination by Chelan County health district that system no longer is capable of processing wastewater.

b. If it becomes necessary to replace or relocate the drain-field, or any of the drain-field piping.

c. If it becomes necessary to replace, relocate, or perform major repairs to the septic tank.

B. After the adoption date of an ordinance to annex an area into the city, all new developments shall be required to be connected to the wastewater system where existing wastewater main lines are available within 300 feet of any property line. (Ord. 990 § 1, 2001; Ord. 945 § 50, 1999).

13.15.020       Separate and independent line required – Waived when.

A separate and independent building wastewater line shall be provided for each building, for connection with the public wastewater system; provided, that where feasible this requirement may be waived upon submission of alternate plans approved by and thereafter constructed under the supervision of the administrator. A permit must be obtained from the city for each property connected and connection charge must be paid for each as mentioned hereinafter. (Ord. 945 § 51, 1999).

13.15.030       Wastewater service – Limitation outside city limits.

The adoption of rates in the City of Cashmere General Information Utility Regulations and Rates booklet for wastewater services to property outside the city limits does not in any way effect the city’s ability or desire to provide services outside the city limits. The inclusion of rates for services outside the city limits is in no way to be construed as an implied contract to provide services. Services outside of the city limits may be provided by contract and upon criteria established by the city council and existing at the time of application. No petition for providing wastewater service shall be accepted or approved for any property located outside of the urban growth area as adopted by the board of Chelan County commissioners. (Ord. 945 § 51, 1999).

13.15.040       Depositing or permitting waste prohibited.

It is unlawful for any person to place, deposit or permit to be deposited upon public or private land, any human or animal waste, garbage, excrement, or other waste that could be a hazard to public health and safety. (Ord. 945 § 52, 1999).

13.15.050       Discharge to streams or storm drains prohibited.

It is unlawful to discharge, to any stream, storm water drainage system, wetland, or other area that drains into surface water, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and applicable state and federal laws. (Ord. 945 § 53, 1999).

13.15.060       Discharge of certain waters prohibited.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into the public wastewater system. (Ord. 945 § 54, 1999).

13.15.070       Wastewater discharge prohibitions.

The following substances and materials are prohibited from being discharged or otherwise introduced into the city of Cashmere wastewater system: any pollutant(s), either alone or in conjunction with a discharge or discharges from other sources, that causes pass-through or interference with the city’s collection system or treatment plants, including but not limited to:

A. Pollutants which by reason of their nature or quantity are, or may be, sufficient either alone, or by interaction, to:

1.Create a fire or explosion (including, but not limited to, wastestreams with a closed cup flash point of less than 60 degrees centi­grade (140 degrees Fahrenheit) using the test methods specified in 40 CFR 261.21);

2.Create a public nuisance or hazard to life;

3.Prevent entry into the wastewaters for their maintenance or repair; or

4.Be injurious in any other way to the city’s wastewater system or its personnel;

B. Pollutants that have any corrosive property capable of causing damage or hazard to city structures, equipment, or personnel, but in no case discharges with pH lower than 5.0 or greater than 11.0 standard units, unless the city system is specifically designed to accommodate such discharges and the discharge is authorized by a valid discharge permit;

C. Heat in amounts that will inhibit biological activity in the city’s treatment plants which cause, or may cause, pass-through or interference, but in no case heat in such quantities that the temperature at the treatment plant headworks exceeds 40 degrees centigrade (104 degrees Fahrenheit) unless the treatment plant is designed to accommodate such discharges and the Washington State Department of Ecology approves in writing and prior to discharge, upon request of the city, alternate temperature limits;

D. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in either a slug load or continuous discharge of such volume, flow rate and/or pollutant con­centration which will cause, or may cause, pass-through or interference of the wastewater system;

E. Solid or viscous pollutants in amounts that cause, or may cause, obstruction to the flow in wastewaters or otherwise interfere with operations or maintenance of the waste­water system;

F. Petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that will cause, or may cause, pass-through or interference of the wastewater system;

G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the wastewater system in a quantity which cause, or may cause, acute worker health and safety problems;

H. Any trucked or hauled wastewater or pollutants, except at discharge points designated and permitted by the city;

I. Non-contact cooling water, unpolluted storm water, or any other direct water inflow sources which do not require treatment or would not be afforded a significant degree of treatment by the city’s treatment plants;

J. Wastewaters containing dangerous waste, as prohibi