Water

13.04.040 Service application.

A. All applications for service installations and for water service shall be made at city hall on printed forms furnished by the city and shall contain the name of the owner of the property, the name of the occupant, an account number, the Yakima County tax assessor’s parcel number assigned to the property, the name of the street upon which the property fronts and the official street number assigned to the premises as shown by the record of the office of the city clerk/treasurer, and the signature of the applicant agreeing to conform to the rules and regulations of the water department and this title as established by the city for the use of water.

B. All applications for service installation shall be made by the owner of the property to be served, or by his duly authorized agent, and shall state the size of service connection required, and the applicant shall at the time of making application pay to the city the amount of the fee required for making the installation of the service connection and the amount of the deposit required to secure the payment of charges for water services as provided in this chapter.

C. Where service connections are already installed, application for water service may be made either by the owner or his duly authorized agent. The applicant shall at the time of making the application pay to the city the amount of the deposit required to secure the payment of charges for water service as provided in this chapter. (Ord. 1257 §1D, 2011:  Ord. 366 §4, 1946)

13.04.080 Service connection–Responsibility.

The installation of service pipes extending from the main to the meter and the meter together with materials and labor for such construction shall be made by the public works department. (Ord. 1257 §1E, 2011:  Ord. 366 §8, 1946)

13.04.090 Service connection–Requirements.

Each property capable of title transfer and each residence located on any one property and not joined with other property thereon inseparable or under the same roof shall be considered as an individual consumer, and each individual consumer shall be supplied through a separate service connection and meter; provided, however, that in the case of duplex or apartments not being capable of separate title transfer, that the owner thereof may, nevertheless, by arrangement with the water department, provide for the property multiple service connections and meters to serve each of the various apartments located thereon. All buildings, although joined by party wall or similar attachment, if capable of separate title transfer, shall have, for each divisible part thereof, separate service connections and meters. Where water is furnished to two or more residences or buildings occupied by different families or occupancies or acreage property capable of subdivision and transfer by proper title in fee simple, the plumbing thereon shall be arranged so that each divisible part thereof shall have its own separate service connection and water meter. (Ord. 366 §9, 1946)

13.04.100 Service connection–Charges.

Before a service connection is installed, the property owner shall pay to the city clerk/treasurer an installation charge as follows:

A. For a three-fourths-inch service (residential or industrial) and a five-eighths- or three-fourths-inch meter, the minimum charge shall be set by fee resolution.

B. The minimum charge shall cover all costs where the meter is not more than forty feet from the point where the main is tapped. When it is necessary to place a meter more than forty feet from the point where the main is tapped, an additional charge will be made to cover actual costs of extra material and construction deemed required by the city.

C. For service and installation larger than the residential sized meter, charge shall be determined by the public works director at the time of application for such service. The charge shall be fixed by the cost of the meter, pipe, fittings and other material necessary to make the installation, including labor. Such charges shall be determined by the public works director and paid by the applicant before such installation is made. (Ord. 1258 §1, 2011:  Ord. 1257 §1F, 2011:  Ord. 1014 §1, 1996; Ord. 931(part), 1992; Ord. 817, 1983:  Ord. 366 §10, 1946)

13.04.110 Service connection–Change.

Any change made in a service installation at the request of the property owner or water user, or made necessary due to any act of theirs, after the original installation has been made, whether such change shall involve a change in size of pipe or meter, or both, or a change in location or elevation thereof, shall be made solely at the expense of the applicant who shall pay the entire cost thereof in the same manner as provided in Sections 13.04.08013.04.090 and 13.04.100. (Ord. 1257 §1G, 2011:  Ord. 366 §11, 1946)

13.04.120 Service connection–Relocation.

When it is necessary for the convenience of the public works department, or because of the installation of new water mains, or for other reasons, to change an existing service or meter location, such new service and meter location will be made at the expense of the public works department and the property owner or water user shall reinstall his service pipes to connect with the meter at his own expense. (Ord. 1257 §1H, 2011:  Ord. 366 §12, 1946)

13.04.130 Service connection–Outside corporate limit.

Installations for water service to premises outside of the incorporated limits of the city shall be made at the same rates and under the same regulations as provided in this chapter for city properties. (Ord. 1257 §1I, 2011:  Ord. 366 §13, 1946)

13.04.135 Water connections for real property located outside Wapato city limits.

A. Water service connections and facilities may be provided and furnished for property outside the city limits at the discretion of the mayor and subject to the formation of a local improvement district or utility local improvement district for such connections and facilities unless the water service connections are furnished pursuant to Washington State statute, RCW 35.67.310 or any other agreement connecting sewer systems to real property outside of the Wapato city limits.

B. The city shall be under no duty or obligation to make such connections or to lay any such water lines from the trunk water mains of the city to any property lines, it being the expressed intention of said city to reserve the right to determine whether or not any such water lines shall be laid or any such connections made, solely within the judgment and discretion of the city. Should the public works director determine any application for such a water line to be unfeasible or should the city for any other reason elect not to lay such a water line or make such a connection, any deposit made by the applicant for the same shall be returned to the applicant.

C. Before any work shall be started on the installation of such connection, the applicant for such connection shall deposit with the city clerk/treasurer, in cash or by certified check, such amount as may be set by resolution of the city council in approving the connection. The city clerk/treasurer shall deposit all such sums of money in the water betterment reserve fund, established for that purpose. The applicant shall also sign an outside utility agreement with the city which shall be approved by city council and recorded with Yakima County prior to construction.

D. After such sum is so deposited and the agreement signed and recorded, the public works director and public works staff shall, at the expense of the city, lay a water line from a connection with the trunk water main to the property line of the applicant at such point on the applicant’s property line as the public works director shall deem to be most practical.

E. Nothing contained in this chapter shall be construed as prohibiting the city from assessing the property of any and all such applicants for the cost of any local improvement which shall thereafter provide available lateral water service to such property or properties; provided, however, that any person connected with a water main in accordance with this chapter shall have the right to elect whether or not to connect to such lateral water pipe when available; provided further, that any election by any applicant not to connect with any such available lateral water pipe shall not prevent the property of the applicant from being included within any local improvement district created for the purpose of providing a lateral water pipe capable of serving the applicant’s property, or prevent such property from being assessed for the proportionate share of any local improvement district created for the purpose of installing such a lateral water pipe. (Ord. 1257 §1J, 2011:  Ord. 1197 §2, 2008)

13.04.140 Service pipe installation.

A. All new service pipes shall be placed not less than four feet below the established grade of the street, and at an equal depth below the surface of the ground upon all private property for ten feet past the meter. The public works department may increase this depth where deemed necessary.

B. Any person, firm or corporation desiring to be connected with the domestic water supply of the city shall, before such connection may be made, first comply with all plumbing regulations of the city and all ordinances amendatory thereof or supplemental thereto. (Ord. 1257 §1K, 2011:  Ord. 366 §14, 1946)

13.04.170 Disconnection for violation.

No person, firm or corporation whose premises are now receiving water service from the domestic water supply of the city shall alter, repair or add to any plumbing at the premises, unless such additional alterations or repairs shall be performed in compliance with the plumbing regulations of the city. In case of the violation of this section by any person, firm or corporation, it shall be the duty of the public works department to immediately discontinue water service to the premises at which this section shall have been violated, until such violation shall have been removed. (Ord. 1257 §1L, 2011:  Ord. 366 §17, 1946)

13.04.180 Leak and damage repair.

Owners of services are responsible for all leaks or damages on account of leaks from privately owned services and privately owned mains leading from the city’s mains or meters to premises served. (Ord. 366 §18, 1946)

13.04.190 Protection against freezing.

All service installations shall be placed at the depth required in Section 13.04.140 in order to avoid all probability of freezing, and the public works department shall be responsible for all frozen meters and all frozen services owned by the city, and the owners of the property served shall be responsible for all frozen services leading to and located on the premises served, and shall pay the cost of thawing such privately owned pipes whenever necessary. (Ord. 1257 §1M, 2011:  Ord. 366 §19, 1946)

13.04.200 Access to facilities for inspection.

Employees of the public works department properly identified shall have access to all parts of any residential, commercial or industrial property to which water may be delivered from the city mains, for the purpose of inspecting the conditions of the pipes and fixtures and the manner in which water is used if there is reason to believe that problems in the water system are being caused by such pipes and/or fixtures in or on the premises, or any other place on the premises. If access to the interior or exterior of the property is refused, the public works director or his designee may determine it is necessary to shut off water to the premises. The city shall not be responsible for any damages of any kind in the event access is denied and service is discontinued to the premises. (Ord. 1257 §1N, 2011:  Ord. 366 §20, 1946)

13.04.210 Meters–Ownership, removal and replacement.

All water meters and services to same installed by the public works department shall be and remain the property of the city and may be removed or replaced, or changed as to size and type, by the public works department whenever deemed necessary by the department. (Ord. 1257 §1O, 2011:  Ord. 366 §21, 1946)

13.04.220 Meters–Maintenance and repair.

The public works department shall maintain and repair all meters when rendered unserviceable by fair wear and tear; provided, however, that where replacement, repairs or adjustments of any meter is rendered necessary by the intentional or negligent act, neglect or carelessness of the owner or occupant of any premises, any expense caused the public works department thereby shall be charged against and collected from the owner of such premises, and water service may be discontinued until the cause is corrected and amount charged is collected in full. (Ord. 1257 §1P, 2011:  Ord. 366 §22, 1946)

13.04.260 Fire service connection–Installation.

All fire service connections between water mains and property line shall be installed and maintained by the water department at the expense of the owner or occupant of the premises served, and shall be the property of the city. Fire service connections shall not be used for domestic or commercial purposes where separate service connections can be installed. In no case shall any tap be made upon or any connection be made to any fire service unless a meter shall be installed thereon. The use of water through a fire service connection for any purpose other than the extinguishment of fire is prohibited unless a meter is installed to measure the water used. (Ord. 1257 §1Q, 2011:  Ord. 366 §26, 1946)

13.04.270 City water facilities–Operation.

No person other than an employee of the public works department shall interfere in any way with the city water system without first obtaining authority so to do from the public works director. (Ord. 1257 §1R, 2011:  Ord. 366 §27, 1946)

13.04.280 City water facilities–Contractor use.

Contractors and others who temporarily desire to use city water may do so at the regular meter rates by first making application to the public works department in the regular manner for the installation of a meter and by making a deposit to the city with the city clerk/treasurer to cover costs of installation and deposit as provided for by fee resolution. On removal of the service the user will be given credit for the cost of the meter and all other materials salvaged and on payment of all charges for water the credit together with the deposit to secure payment for water will be refunded. (Ord. 1257 §1S, 2011:  Ord. 366 §28, 1946)

13.04.290 City water facilities–Tampering prohibited.

It is unlawful for any person to tamper with or break, deface or damage any pipeline, valve, water meter or other water works appliance or fixture, or to interfere in any manner with the proper operation of any part of the water system of the city. (Ord. 1257 §1T, 2011:  Ord. 366 §29, 1946)

13.04.300 Violation–Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not exceeding one thousand dollars or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment. (Ord. 1257 §1U, 2011:  Ord. 366 §30, 1946)

any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

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

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Public works director” means the public works director of the city, or his authorized deputy, agent or representative.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.

“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

“Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

“Sewer” means a pipe or conduit for carrying sewage.

Sewer, Building. “Building sewer” means the extension of the sewer from the building drain to the public sewer or other place of disposal. A building sewer shall be owned, constructed, installed, operated and maintained by a person and is not a portion of the public sewer.

Sewer, Combined. “Combined sewer” means a sewer receiving both surface runoff and sewage.

Sewer, Private. “Private sewer” means the sewer line and disposal system owned, constructed, installed, operated and maintained by a person where connection with the public sewer system is not required, and is not regulated by this title.

Sewer, Public. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sewer, Sanitary. “Sanitary sewer” means a sewer which carries sewage and industrial waste to the sewage treatment plant, and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

Shall and May. The word “shall” is mandatory. The word “may” is permissive.

“Sludge” means any discharge of industrial wastes which in concentration of any given component or in quantity of flow is more than five times the average twenty-four-hour concentration or average twenty-four-hour flow during the industrial user’s normal operation. The industrial monitoring records from a similar period of operation shall be used to determine the average twenty-four-hour concentration of flow under normal operations.

“Storm sewer” or “storm drain” means a sewer which carries stormwaters, surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. For the purposes of this chapter, the city’s “industrial drain” is a storm sewer.

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage, industrial wastes, or other liquids, which are removable by laboratory filtering, are determined by quantitative standard laboratory procedures, and are expressed in milligrams per liter.

“Uniform Plumbing Code” means the materials and procedures set forth in appropriate specifications of the latest version of the Uniform Plumbing Code developed by the International Association of Plumbing and Mechanical Officials.

“Watercourse” means a channel in which a flow of water occurs either continuously or intermittently. (Ord. 1258 §3, 2011:  Ord. 1257 §1Z, 2011:  Ord. 1023 §3(part), 1996)

It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 1023 §3(part), 1996)

Sewer

13.08.030 Discharge of sewage into natural outlet.

It is unlawful to discharge to any natural outlet or storm sewer within the city, or in any area under the jurisdiction of the city, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 1023 §3 (part), 1996)

13.08.120 Connection to available public sewer required after notice.

The owner of each house, building or property used for human occupancy, employment, recreation, commercial or industrial activity, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this title and Chapter 246-272A WAC, within ninety days after date of official notice to do so; provided, that said public sewer is within one hundred feet of the property line. (Ord. 1257 §1GG, 2011:  Ord. 1023 §3(part), 1996)

13.08.130 Connection made by city–Assessment of expense.

In the event the building sewer and connection are not made within the time provided for in Section 13.08.120 following notice, the public works director is authorized and directed to cause the connection to be made. After connection is made, the public works director shall file a statement of the cost thereof, including, but not limited to, labor and materials, with the city clerk/treasurer, and thereupon a lien shall be placed on the property and the city may use whatever means it wishes to collect that lien as allowed by law.

The cost of connection, including but not limited to labor and materials, together with a penalty of ten percent of the total costs, plus interest at the rate of twelve percent per year, compounded monthly, upon the total amount of the cost and penalty, shall be assessed against the property upon which such building sewer and connection has not been placed as required, and shall become a lien thereon as herein provided. (Ord. 1257 §1HH, 2011:  Ord. 1023 §3(part), 1996)

13.08.140 Permit required to make connection to public sewer.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the public works director. (Ord. 1023 §3(part), 1996)

13.08.150 Classes of sewer permits–Application and fee.

A. There shall be two classes of building sewer permits:

1. For residential and commercial service; and

2. For service for establishments producing industrial wastes.

B. In either case, the owner or his authorized agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the public works director. A permit and inspection fee for a residential or commercial building sewer permit, and for an industrial building sewer permit, shall be paid to the city clerk/treasurer at the time the application is filed. In the event that one permit is issued for a single connection serving more than one residence or commercial user, then the total sewer connection permit fee shall equal the number of such users on the connection times the permit and inspection fee for a single user.

C. Application for the permit required by the foregoing subsection shall be filed with the city, stating the name of the owner, the correct address and proper legal description of the property to be served, the Yakima County tax assessor’s office parcel number, dimensions and locations of any buildings on the property, the whole course of the building sewer from the public sewer to its connection with the building or property to be served, and other such plans and information as may be required. The application shall be submitted to the city for approval, which may change or modify the same and designate the manner and place in which such sewers shall be connected with the public sewer, and shall endorse approval upon the application if the same is acceptable.

D. Upon approval of the application and issuance of the permit, it is unlawful to alter the permit or to perform any work other than is provided for in the permit.

E. It is unlawful to disconnect any building sewer or remove any portion of a building sewer without securing a permit from the city to do so. The disconnected service shall be plugged at the property line to the satisfaction of the public works director.

F. No permit issued under this chapter shall be valid for a period longer than ninety days unless extended or renewed by the public works director upon application therefor prior to the expiration of the permit.

G. The permit required by this chapter must, at all times during the performance of the work and until the completion thereof and approval by the city, be posted in some conspicuous place at or near the work and must be readily and safely accessible to the public works director or his representative.

H. No building sewer contractor or owner, agent, occupant or tenant of any building or property shall break, alter or tamper with any public sewer, except that he may tie into a connection which exists for that purpose under the supervision of the public works director, as allowed for under this chapter. (Ord. 1257 §1II, 2011:  Ord. 1023 §3(part), 1996)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made with properly curved pipe and fittings, and cleanouts shall be provided as required by the specifications. (Ord. 1023 §3(part), 1996)

13.08.250 Connection to public sewer–Construction specifications.

The connection of the building sewer into the public sewer shall be made at the Y branch, if such branch is available at a suitable location. If the public sewer is twelve inches in diameter or less, and no properly located Y branch is available the owner shall at his expense install a Y branch in the public sewer at the location specified by the public works director. Where the public sewer is greater than twelve inches in diameter, and no properly located Y branch is available, a neat hole may be cut into the public sewer, with entry in the downstream direction at an angle of about forty-five degrees. A saddle type tee or wye, approved by the public works director, shall be used to make the connection with no portion of the pipe extending past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the public works director. (Ord. 1023 §3(part), 1996)

13.08.280 Inappropriate connections prohibited.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 1023 §3(part), 1996)

13.08.360 Non-city water supply source–Meter required.

Where user is supplied by water from non-city sources, upon demand of the city council, the non-city source of supply shall be metered at the owner’s expense and the city shall have the right of access to the meter. (Ord. 1023 §3(part), 1996)

13.08.420 Damaging sewer system.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the public sewer and sewage disposal system. (Ord. 1257 §1PP, 2011:  Ord. 1023 §3(part), 1996)

13.08.430 Liability for damage.

Any person who violates any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. This liability is in addition to any criminal charges which may arise from the violations of this chapter as further set forth herein. (Ord. 1257 §1QQ, 2011:  Ord. 1023 §3(part), 1996)

13.08.440 Violation–Penalty.

Any violation of the provisions of this title shall constitute a misdemeanor. Conviction hereunder shall be punishable by a fine not to exceed one thousand dollars or by imprisonment for a term not to exceed ninety days, or by both such fine and imprisonment. Each day of a continuing violation shall constitute a separate offense. (Ord. 1023 §3(part), 1996)

13.08.470 Sewer connections for real property located outside Wapato city limits.

A. Sanitary sewer service connections and facilities may be provided and furnished for property outside the city limits, at the discretion of the mayor and subject to the formation of a local improvement district or utility local improvement district for such connections and facilities unless the same are furnished pursuant to Washington State statute, RCW 35.67.310.

B. Before any work shall be started on the installation of such connection, the applicant for such connection shall deposit with the city clerk/treasurer, in cash or by certified check, such amount as may be required by the city. The applicant shall also sign an outside utility agreement with the city and the city shall record that agreement with Yakima County.

C. After such sum is so deposited, the city engineer shall, at the expense of the city, lay a sanitary sewer line from a connection with the trunk sewer to the property line of the applicant at such point on the applicant’s property line as the city engineer shall deem to be most practical.

D. The city shall be under no duty or obligation to make such connections or to lay any such sewer lines from the sanitary trunk sewers of the city to any property lines, it being the expressed intention of said city to reserve the right to determine whether or not any such sewer lines shall be laid or any such connections made, solely within the judgment and discretion of the city. Should the city engineer determine any application for such a sanitary sewer line to be unfeasible or should the city for any other reason elect not to lay such a sewer line or make such a connection, any deposit made by the applicant for the same shall be returned to the applicant.

E. Nothing contained in this chapter shall be construed as prohibiting the city from assessing the property of any and all such applicants for the cost of any local improvement which shall thereafter provide available lateral sanitary sewer service to such property or properties; provided, however, that any person connected with a trunk sewer in accordance with this chapter shall have the right to elect whether or not to connect to such lateral sanitary sewer when available; provided further, that any election by any applicant not to connect with any such available lateral sanitary sewer shall not prevent the property of the applicant from being included within any local improvement district created for the purpose of providing a lateral sanitary sewer capable of serving the applicant’s property, or prevent such property from being assessed for the proportionate share of any local improvement district created for the purpose of installing such a lateral sanitary sewer. (Ord. 1257 §1RR, 2011:  Ord. 1197 §1, 2008)