HomeMy WebLinkAboutCOW 2010-11-08 Item 3B.1 - Ordinance - Expand Regulations Regarding Water Rates and Backflow Prevention Assemblies COUNCIL AGENDA SrvosIs
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ITEM INFORMATION
1 CAS NUMBER: 10-123 I ORIGINAL AGENDA DATE. NOVEMBER 8, 2010
AGENDA ITEM TITLE Two Ordinances to update TMC Chapter 14 for Water and Sewer
CATEGORY Discussion Motion LI Resolution Ordinance n Bid Award L1 Public Hearing 1 Other
Mtg Date 11/08/10 Mtg Date Mtg Date Mtg Date 11/15/10 Mtg Date Mtg Date Mtg Date
SPONSOR Council 1 Mayor Adm Svcs DCD U Finance Fire Legal I 1 P&R Police PW/
SPONSOR'S These two ordinances will update the Water and Sewer regulations in TMC Chapter 14.04,
SUMMARY 14.06, 14.12 and 14.16. Besides minor housekeeping items, the new additions with fees
include special meter reads, unauthorized water usage, and updating utility records.
Interest will now be charged on delinquent water and sewer bills, rather than a flat late
fee. Backflow prevention assemblies, unlawful discharge of prohibited foreign substances,
and exhaust steam and hot water have all been updated to current regulations.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/26/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments
MTG. DATE RECORD OF COUNCIL ACTION
11/08/10
11/15/10
MTG. DATE ATTACHMENTS
11/08/10 Informational Memorandum dated 10/15/10 (revised after 10/26 UC)
Draft Water Ordinance
Draft Sewer Ordinance
Draft Public Works Fee Schedule Resolution (next agenda item)
Minutes from the Utilities Committee meeting of 10/26/10
11/15/10
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I j T s City of Tukwila **ILA pill
1 Jim Haggerton, Mayor
190 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director
DATE: October 15, 2010
SUBJECT: Water Sewer Ordinances (revised after 10/26 UC)
ISSUE
Adopt new Water and Sewer Ordinances.
BACKGROUND
Tukwila Municipal Code Chapter 14 for the Water and Sewer Regulations has not been thoroughly
updated for some time. All sections now better reflect the regulations that are in use today. We have
included most of the fees in the Public Works Fee Schedule Resolution and for agencies such as
King County Department of Natural Resources, formerly known as METRO, we list "current rate
DISCUSSION
Most changes were minor housekeeping items such as changing "Supervisor" to "Director Listed
below are some of the significant changes and have been underlined in the ordinances.
Water
D 14.04.060 Removed Apparatus Standards and referred to appropriate infrastructure standards.
D 14.04.100 Removed Additional Property, since it is not charged a penalty as it is not allowed.
D 14.04.122 Special Meter Reads, now charged a fee.
D 14.04.125 Section C. Unauthorized water usage, added with a fee.
D 14.04.150 Water Utility Billing, now with a fee to update utility records.
D 14.04.270 Interest will be charged on delinquent water balances, rather than a flat late fee.
D 14.06.030 Updated backflow prevention assembly definitions.
Sewer
D 14.12.010 20 Removed Chapter Construction and definitions as they are in 14.04.
D 14.12.090 Removed "Repair" since a private property sewer repair does not require a permit.
D 14.12.200 Removed inspection fees as they are already included with a permit.
D 14.12.250 Updated Steam and Hot Water to 150° Fahrenheit.
D 14.12.260 Updated Unlawful Discharge of Prohibited Foreign Substance Pretreatment Facilities.
D 14.16.020 Interest will be charged on delinquent sewer balances, rather than a flat late fee.
D 14.16.050 Sewer Responsibility of Owner to Pay, now with a fee to update utility records.
D 14.16.060 065 King County (formerly known as METRO) now charged at most current rate.
D 14.16.070 Regular connection charge, now in PW Fee Schedule Resolution.
RECOMMENDATION
The Council is being asked to approve the proposed Water and Sewer Ordinances and consider
these items at the November 8, 2010 Committee of the Whole meeting and subsequent November
15, 2010 Regular meeting.
Attachment: Draft Water Ordinance
Draft Sewer Ordinance
Exhibit D Public Works Fee Schedule Resolution
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W: \PW Eng \OTHER \Gail Labanara \Water Sewer Documents\INFO MEMO Water Sewer Ordinance 10- 27- 10.doc
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO
THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING
TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES
WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to have in place an equitable and adequate rate
structure to finance the operation and maintenance of the water utility; and
WHEREAS, the City Council desires to continue the pass through rate increases
received from the City's water supplier; and
WHEREAS, the City needs additional revenues to adequately fund the Capital
Improvement Program for the water utility; and
WHEREAS, the administrative cost of servicing the water utility accounts increase
annually; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations established. "Water Management Fees and Regulations," to
be codified at Tukwila Municipal Code (TMC) Chapter 14.04, are hereby established to
read as follows:
14.04.010 Definitions.
A. "Director," wherever used in TMC Title 14, means the Director of Public Works
or his or her designee.
B. "Department," wherever used in TMC Title 14, means the Department of Public
Works.
C. "Person," wherever used in TMC Title 14, means and includes natural persons of
either sex, associations, partnerships, or corporations, whether acting by themselves or
by a servant, agent or employee; the singular number includes the plural and the
masculine pronoun includes the feminine.
14.04.020 Application to Connect Required. Any person desiring to be connected
with the City water supply system shall make application therefor to the Department.
Applications shall be made upon a printed form furnished for that purpose, which
application shall contain a description of the property where such water supply is
desired, the size of the service pipe, and shall be signed by the owner of the property to
be served or his duly authorized agent.
14.04.030 Contents of Application. The application provided for in Section
14.04.020 shall contain a contract on the part of the person making the same to pay for
the water applied for at the rate and in the manner specified in such contract, and shall
reserve to the City the right to charge and to collect the rates and enforce the penalties
provided for in this chapter, in the manner herein provided, to change the rates at any
time by ordinance, to temporarily discontinue the service at any time without notice to
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the consumer; and shall specify that said contract is subject to all the provisions of this
chapter and of any ordinance of the City relating to the subject hereafter passed, and
shall provide that the City shall not be held responsible for any damage by water or
other cause resulting from defective plumbing or appliances in the property supplied
with water, installed by the owner or occupant of said property; and shall provide that
in case the supply of water shall be interrupted or fail by any reason, the City shall not
be held liable for damages for such interruption or failure, nor shall such interruptions
or failures for any reasonable period of time be held to constitute a breach of contract on
the part of the City or in any way relieve the consumer from performing the obligations
of his contract.
14.04.040 Effective Date of Contracts. All contracts shall take effect from the day
they are signed and rates shall be charged from the day the property is connected with
the City water supply
14.04.050 Connection Procedure. Upon the presentation to the Director of the
receipt for the installation fees, the Director shall cause the property described in the
application to be connected with the City's water main by a service pipe extending at
right angles from the main to the property line and including a stopcock placed within
the lines of the street curb, which connection shall thereafter be maintained and kept
within the exclusive control of the City.
14.04.060 Installation and Apparatus Standards and Specifications. The current
requirements of the Tukwila Municipal Code, the Tukwila Public Works Department,
the Tukwila Fire Department, the Rules and Regulations of the Washington State
Department of Health, the Uniform Plumbing Code, American Water Works
Association Standards, and the American Public Works Association Standards shall be
met and apply to any and all water main installations, extensions, service connection,
irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main
connections, and branches hereinafter installed in the City. Detailed criteria and permit
requirements are available through the City of Tukwila Infrastructure and
Development Standards.
14.04.070 Connection Installation Fees. The water meter shall be installed by the
City water utility The water meter installation fee shall be payable at the time of
application for connection. Whenever the fee is not sufficient to cover the total expense
for labor, materials, and overhead, the deficit shall be charged to the property for which
installation was made and to the owner thereof. Any excess payment shall be returned
to the person applying for the installation.
14.04.071 Regular Connection Charge. In order that property owners shall bear
their equitable share of the cost of the City's entire water system, the property owner
seeking connection to the water system of the City shall pay, prior to connection to a
City water system, a regular water meter installation charge in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
14.04.072 Special Connection Charge. In addition to the regular connection charge
unposed under TMC Section 14.04.071, a special connection charge shall be paid by the
owners of properties that have not been assessed or charged or borne the cost of private
development of mains or laterals or borne an equitable share of the cost of the City
water system. The special connection charge shall be computed as provided in TMC
Section 14.04.074 in the absence of latecomers' agreements, Local Improvement
Districts, or special assessment ordinances.
14.04.074 Computation of Special Connection Charge.
A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to
the water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040.
B If the property for which a special corulection charge has been paid is
subsequently included in a Local hnprovement District for the construction of water
mains or lateral lines of a similar nature, the amount so paid shall be credited to the
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assessment against such property and such amount shall be paid from the water fund to
such Local Improvement District fund.
14.04.076 Regional Capital Facilities Charge. In addition to the regular connection
charge imposed under TMC Section 14.04.071 and any special connection charges under
TMC Section 14.04.072, a regional system growth fee known as the Regional Capital
Facilities Charge (RCFC) shall be paid for all new residential, multi family housing, or
commercial service connections on or after January 1, 2003, for regional capital costs
associated with new supply and transmission of water Property owners shall pay the
RCFC prior to permit issuance for connection to a City water system. The fee for this
expense shall be established by the Cascade Water Alliance and passed through without
additional markup.
14.04.080 Connection Notification. Whenever the owner or occupant of any
property connected with the City water supply system desires to use the water, he shall
notify the Director and request that the water be turned on to the property The owner
shall leave his portion of the service exposed in the trench until it has been inspected
and the water turned on, when he shall immediately cover the pipe.
14.04.090 Connection to Water Main. All water used for any purpose other than fire
protection service shall be supplied through a meter. Every house or building supplied
by City water must install its own separate service connection with the City main, and
the house or building so supplied will not be allowed to supply water to others, except
temporarily where there are no mains in the street. When a new main is laid in any
street, owners of property on the street who are being supplied with City water from a
private main or a connection to a private service shall make application for a tap and
shall cormect up with a separate service connection to the main in front of the property
11.0'1.100 Additional property connection `sc. If additional property is connected,
such property may he cha g e de 1 -e-the rate for thc tixle it is in use, and thc service
may be shut off and a charge of $25.00 will -be made for turning on ouch service. I ccs
again until all rates and charges against such property have been paid in full.
14.04.110 Change in Size or Location of Connection. A change in the size or
location of a service connection shall be paid for by the owner on the basis of the cost of
materials and labor involved in making said change, plus administrative overhead.
14.04.120 Application to Discontinue Water Fee to Turn Water Meter On.
Whenever any water customer desires to discontinue the use of water for a period of
not less than one month, he shall make written application to have the water turned off
and pay all arrears in full. A charge in accordance with the fee schedule to be adopted
by motion or resolution of the Tukwila City Council will be assessed to turn water on.
No reduction of rates will be made for less than one month, or without the application
prescribed in this section. Work performed outside of normal working hours, due to
customer request, will receive an additional charge in accordance with the fee schedule
to be adopted by motion or resolution of the Tukwila City Council
14.04.122 Special Meter Read. Whenever a water customer desires to have the
water meter read outside the water department's normal meter readina schedule. a
written application shall be submitted specifying the requested read date. A fee will be
charg.ed for this meter reading. service in accordance with the fee schedule to be
adopted by motion or resolution of the Tukwila City Council..
14.04.125 Charge for Shut -off Notices for Delinquent Water Service Billings.
A. When water service customers are 60 days in arrears, a shut -off notice shall be
mailed or posted. There shall be a service charge on water accounts for all shut -off
notices in accordance with the fee schedule to be adopted by motion or resolution of the
Tukwila City Council. This fee will be applied first before regular service charges are
credited.
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B All monies in arrears, which is defined as the amount owing eleven days after
the billing date, are due upon receipt of a shut -off notice. To avoid water shut -off,
arrangements for payment may be made with the Finance Director
C. When water is used after the meter has been turned off and locked for non-
payment, an unauthorized water turn-on fee will be charged in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
14.04.130 Cost of Shutoff and Turn -on by City. When water has been shut off by
the City for any cause and is turned on again or allowed or caused to be turned on by
the owner without written application, no remission of rates will be made on account of
its having been shut off, and the Director may then shut off the water at the main or
remove a portion of the service connection in the street, and shall charge the actual cost
of cutting out and reinstating the water supply to the owner of the property
14.04.150 Water Utility Billing. All accounts for water shall be kept in the
responsibility of the owner of the property for which the service was installed
regardless of whether the property has a tenant and /or third -party paying agents
property manages -and not in the name of any tenant. A fee will be charged for the
administrative cost of updating the utility records for changes in owners, tenants, and
third party paving agents in accordance with the fee schedule to be adopted by motion
or resolution of the Tukwila City Council.
14.04.160 Chapter Compliance Required. It is unlawful for any person to make any
connection with any service or branch pipe thereof, or to make any repairs, additions,
or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be
connected with the City water system, except in compliance with this chapter.
14.04.165 Water Shortage Response Plan. A water shortage response plan is
required by the wholesale water supplier, the Cascade Water Alliance, and by the
public welfare to effect conservation of water during water emergencies. A water
shortage response plan for the Tukwila water system, as required by WAC 246 290 -42,
shall be updated by the Council as required.
14.04.170 Emergency Change in Water Use.
A. Upon finding that an emergency situation exists, the Director shall.
1. Immediately seek to communicate with the Mayor and Council through the
fastest means feasible to advise them of this emergency situation and the reason for
such restrictions.
2. Immediately take steps to notify the public within the service area affected
through the media and other means to advise said water users of such emergency water
conservation measures and the necessity thereof.
3 Implement such measures and regulations as may be necessary to implement
water use restrictions under this ordinance and the plan adopted in TMC Section
14.04.165.
B The Mayor, upon finding that an emergency situation exists which threatens to
seriously disrupt or diminish the municipal water supply, may order restrictions on
water use so as to distribute the available supply on a just and equitable basis to all
customers, including residential, industrial and commercial users who purchase water.
C. Upon declaration of a water supply emergency by the Mayor, no water shall be
used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the
washing of cars, driveways or other outdoor surfaces by any customer at any residence,
apartment building, commercial building, or property or structure except at such times
and under those conditions as specified by the Director. These restrictions are to be
implemented even though more restrictive than the plan provisions and shall in no way
limit indoor rationing provisions of the plan.
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14.04.175 Violations.
A. The Director shall be authorized to impose sanctions and /or surcharges upon
those customers within the affected area who refuse or otherwise fail to comply with
the emergency conservation measures directed by levying a surcharge in accordance
with the fee schedule to be adopted by motion or resolution of the Tukwila City Council
and /or disconnecting water service to said customers.
B. The restrictions and surcharge shall not compromise the health, safety or welfare
of the public. Exemption from the imposition of a surcharge may be granted by the
Mayor or Director in the Mayor's absence, upon written request, if it is found that a
surcharge will constitute an undue burden on the customer
14.04.180 Water Falling on Street or Sidewalk. It is unlawful for any person
willfully to place any automatic sprinkling device in a wasteful manner or willfully to
place or to hold any hose in such position or manner that water falls on any person
while on any public street or sidewalk.
14.04.190 Violation of TMC Section 14.04.180. If any person violates any provision
of TMC Section 14.04.180, the City shall shut off the water furnished to the property
upon which such violation is made, and shall charge a fee for turning on the water in
accordance with the fee schedule to be adopted by motion or resolution of the Tukwila
City Council.
14.04.200 City Control of Water Use. The City reserves the right in case of a
shortage of water from any cause to make an order forbidding or suspending the use of
water for sprinkler or irrigation, or to fix the hours during which the same may be
done, by proper notice. Any person violating such order shall have his water shut off
by the City and shall pay a fee for having the water turned on again as in accordance
with the fee schedule to be adopted by motion or resolution of the Tukwila City
Council.
14.04.210 Use of Water Restricted During Fire. It is unlawful for any person to use
water for irrigation or sprinkling during the progress of any fire in the City, unless for
the protection of property; and all irrigation and sprinkling shall stop when an alarm of
fire is sounded, and shall not begin again until the fire is extinguished.
14.04.220 Right of City to Shut Off Supply. The City reserves the right at any time,
without notice, to shut off the water supply for repairs, extensions, nonpayment of
rates, or any other reason, and the City shall not be responsible for any damage such as
bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures,
stoppages or interruptions of water supply, or any other damage resulting from the
shutting off of water
14.04.230 Meter Ownership and Maintenance. All meters on services of consumers
shall be and remain the property of the City In all cases where meters are lost, injured
or broken by carelessness or negligence of owners or occupants, and in the case of
nonpayment, the water shall be shut off and will not be turned on until such fee and the
charge for turning on the water are paid. In event of the meter getting out of order or
failing to register properly, the consumer shall be charged on an estimate made by the
Director on the average monthly consumption during the last three months that the
same was in good order or from what he may consider the most reliable data at his
command.
14.04.240 Rates for Metered Water.
A. The rates for metered water supplied within the City for commercial/ industrial
customers, in one -month increments or any fractional part thereof, shall be in
accordance with the fee schedule to be adopted by motion or resolution of the Tukwila
City Council.
B Single family customers (one dwelling unit): Each single family residence shall
be charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
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C. Multi- family customers (more than one dwelling unit): Each dwelling unit shall
be charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
D. Every person 62 years of age or older (if married, then either spouse) and every
person totally and permanently disabled residing in a separately metered dwelling and
who is paying directly for such separately billed service either as owner, purchaser or
renter and whose individual disposable income if a single person, or whose combined
disposable income, if a married couple, from all sources is less than $32,000 per year,
shall pay a rate equal to 50% of all water service charges. Every such person shall file
with the Finance Department their affidavit that he or she is qualified to be charged the
special rate. Such affidavits are to contain information as required by the Finance
Director in order to establish eligibility Each affidavit will also include an unqualified
promise to inform the City of any changes in financial condition that would disqualify
the person for the special rates. The Finance Director may require affidavits on an
annual basis if deemed necessary.
E. Tukwila's current fee schedule will be reviewed annually and at such time the
City may amend the water rates to reflect the City's increased costs.
14.04.245 Water Bill Leak Adjustments. City Administrative Policy No 300 -14,
"Utility Leak Adjustment Policy," is hereby adopted and incorporated into this chapter
by reference as if fully set forth herein. The Finance Director is required to maintain the
administrative leak adjustment policy. Changes to the policy require approval of the
City Council Finance and Safety Committee.
14.04.250 Fire Protection.
A. Any service connection to the main for a fire sprinkler system shall be approved
in advance by the City, and shall be installed at the expense of the owner, and fitted
only with such fixtures as are needed for fire protection and must be entirely
disconnected from those used for other purposes.
B. Any service connection other than fire sprinkler installed on private property for
fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire
protection, shall be approved in advance by the City
C. It is unlawful for any person to fail, neglect or refuse to give the Director or his
duly authorized representative free access at all reasonable hours to all parts of
premises supplied with water from the City mains for the purpose of inspecting the
condition of pipes and fixtures and noting the amount of water being used and the
manner in which it is used.
D The rates for water supplied for fire protection purposes exclusively shall be
deemed service charges and shall be, for any one month or fractional part thereof,
charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
E. Water used for any other purpose than for fire protection service shall be
deemed as theft and the owner will be made liable for the cost of water used and a
meter shall be required on any fire protection service connection.
14.04.260 Rates Outside City Limits. The rates for water supplied to consumers not
within the City limits shall be as follows: The same rate schedule as provided in TMC
Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the
City limits are subject to the same rates to consumers inside the City limits, provided
that nothing in this section shall prevent the City Council from fixing other and
different rates for the sale of water to water districts, provided that all meters for
measuring water to outside consumers are installed within the City limits or within the
limits of easements, franchises, or rights -of -way belonging to the City.
14.04.270 Payment of Charges Delinauencv. All water charges and related fees
shall be due and payable on the first day of each and every month for the water
consumed and the services provided during the previous month and shall be paid to
the Finance Director. In all cases when the water bill becomes delinquent, the Director
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may shut off the water and shall not turn it on again until all arrearages have been paid.
All bills will become delinquent on the eleventh day of the month following the month
that the water was consumed. Interest will be charged on delinquent balances 30 days
in arrears in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
14.04.280 Failure to Receive Bill. Failure to receive a bill will not be recognized as a
valid excuse for failure to pay fees when due. Change of ownership of property and
change in mailing address must be filed in writing with the Finance Director
14.04.290 Bathing or Discarding Substance in City Water System. It is unlawful for
any person to bathe in or to throw any substance into any reservoir, water tank, or
impounding dams of the City water system.
14.04.300 Connection Without Permission. It is unlawful for any person to make
connections with any fixtures or to connect any pipe with any water main or water pipe
belonging to the water system or to open or to close any valves in the system without
first obtaining permission from the Director
14.04.310 Supervisor Authority Appeal to Council. The Director shall have
authority to decide any question that may arise and that is not fully covered in this
chapter, and his decision shall be final unless an appeal is made to the City Council. In
such a case, the decision of the Council shall be final.
14.04.320 Payment by City for Fire Hydrant Supply. The City shall pay to the
Tukwila water department a monthly fee for water furnished to each fire hydrant in the
City in accordance with a fee schedule to be adopted by motion or resolution of the
Tukwila City Council.
14.04.330 Temporary Water Meters.
A. Temporary water meters are available on a rental basis from the Public Works
Department, with the rental deposit amount charged in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
B Meters are to be used only for the designated project.
C. Meters are to be returned promptly upon completion of the project or at the end
of 60 days, whichever comes first.
D Meters are to be returned in the same condition as when rented. The user is
responsible for meter damage and shall pay all costs related to repair Lost or stolen
meters are the responsibility of the renter and renter shall pay all costs associated with
replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated
amount of water used.
E. Meters may be moved from one hydrant to another within the same project
providing:
1. Water Department is notified in advance of proposed relocation,
2. Hydrant wrenches are used in making all connections and disconnections.
F Rates for water usage through temporary meters shall be charged in accordance
with the June through September Commercial /Industrial fee schedule to be adopted by
motion or resolution of the Tukwila City Council.
Section 2. New Regulations Established. Provisions for "Backflow Prevention
Assemblies," to be codified at Tukwila Municipal Code Chapter 14.06, are hereby
established to read as follows:
14.06.010 Purpose of Chapter. The purpose of this chapter is to protect the public
water system from contamination due to backflow tluough cross connections, and
eliminate or control cross-connections between the public water system and any private
water supply
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14.06.020 Authority.
A. The Public Works Director, or his or her designee, shall administer this chapter
The Director's authority includes the establishment of regulations and procedures,
enforcement, and implementation of measures necessary to carry out the intent of this
chapter.
B The Director promulgates and implements the City's policy on cross connection
control for the operation of the Cross Connection Control Program. The Cross
Connection Control Program policy shall be enforced under the requirements of this
Chapter
14.06.030 Definitions.
A. "Backflow" means undesirable reversal of flow of water or other substances
through a cross connection into the public water system or customer's notable water
system.
B. "Avvroved backflow vrevention assembly" means a Reduced Pressure Principle
Assembly (RPPAI, Reduced Pressure Detector Assembly (RPDA), Double Check Valve
Assembly (DCVAI, Double Check Detector Assembly (DCDA), Pressure Vacuum
Breaker Assembly (PVBAI, or a Spill- Resistant Vacuum Breaker Assembly (SVBAI that
is approved by the Washington State Department of Health (DOH). Assemblies that
will be approved will appear on the current approved backflow prevention assemblies
list developed by the University of Southern California Foundation for Cross
Connection Control and Hydraulic Research or other entity acceptable to the DOH —e
the American Water Works Association, used to ssuntcract back pressure or prevent
C. "Cross- connection" means any physical connection whereby a public water supply
is connected, directly or indirectly, with any other water supply system. sewer, drain,
conduit, pool. storage reservoir. plumbing fixture or other device which contains or
may contain contaminated water. sewage or other wastes or liouids of unknown or
unsafe duality, which may be capable of imparting contamination to a public water
supply as a result of backflow. between a public water system and thc customer's water
system and any source of non potable liquid, solid or ;as that could contaminate the
public drinking water supply through backflow.
14.06.040 Cross Connections Declared Unlawful. The installation or maintenance
of a cross connection, which in the opinion of the Director, or his or her designee, will
endanger the water quality of the potable water supply of the City, is unlawful.
14.06.050 Approved Backflow Prevention Assemblies. Approved backflow
prevention assemblies, when required to be installed in the opinion of the Public Works
Director, or his or her designee, shall be installed and maintained by the service
customer on any service connection to the City's water supply system where said
approved backflow prevention assemblies are necessary for the protection of the City's
water supply.
14.06.060 Regulation of Private Water Supplies. Use or operation of a private water
supply system, contrary to the provisions of the ordinances of the City, or the laws of
the State, or the rules and regulations of the DOH regarding public water supplies
where said private system is served by the City public water supply, is unlawful.
14.06.070 Adoption of State Regulations. DOH rules and regulations regarding
public water supplies, entitled "Cross- Connection Control Regulation in Washington
State" codified at WAC 246 290 -490. and the American Water Works Association,
Pacific Northwest Sections' Second Edition of "Accepted Procedure and Practice in
Cross Connection Manual" as they presently exist or are hereafter amended, are
adopted by this reference as if set forth in full and are on file in the office of the City
Clerk.
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14.06.080 Abatement of Unlawful Cross Connections and Installation of
Approved Backflow Prevention Assemblies Procedure. Cross connections declared
in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter
installed, and /or services requiring backflow prevention assemblies and /or unlawful
use or operation of a private water supply system served by the City public water
supply system are public nuisances, and in addition to any other provisions of this code
or the ordinances of the City where abatement of public nuisances shall be subject to
abatement in accordance with the following procedure:
1 In the event that the Public Works Director determines that a nuisance as herein
provided does exist, written notice shall be sent to the person in whose name the water
service is established under the records of the City water department, or alternatively, a
copy of such written notice shall be posted on the premises served.
2. The notice shall provide that the nuisance described herein shall be corrected
within 30 days of the date said notice is mailed or posted on the premises.
3. In the event said nuisance is not abated within the prescribed time, water service
to said premises shall be discontinued.
4. In the event that the nuisance, in the opinion of the Public Works Director, or his
or her designee, presents an immediate danger of contamination to the public water
supply, service from the City water supply system to the premises may be terminated
without prior notice, provided, however, notice will be posted on the premises m the
manner heretofore provided at the time said service is terminated.
14.06.090 Penalties. Any violation of any provision, or failure to comply with any of
the requirements of TMC Chapter 14.06, shall be subject to the terms and conditions of
Chapter 8.45 "Enforcement
Section 3. Repealer. Ordinance Nos. 951 §1 (part), 1770 (part), 1766 §1 (part),
1798 §2, 2001 §1, 2187 (part), and 2252 §1 (part) are hereby repealed.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five days after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY Passed by the City Council.
Published.
Effective Date:
Office of the City Attorney Ordinance Number
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