778 Amend Certain Ord and Sect. of Ch. 13.04City of Yelm
Ordinance No. 778
An ordinance repealing, replacing and amending certain ordinances and sections of Chapter
13.04 of the Yelm Municipal Code related to the Cross Connection & Backflow Control
Program; the wasting of water; water shortage provisions; fees associated with new service
connections; temporary service and consumption rates;
WHEREAS, it is necessary to periodically review provisions within the water ordinance
to provide, maintain and improve the municipal water system; and
WHEREAS, the City has developed and wishes to implement a comprehensive cross
connection and backflow control program in accordance with RCW Chapter 70.54 and
Washington Administrative Code 246-290-490, and
WHEREAS, it is of benefit to all water customers that the location of all cross
connections and backflow risks to the domestic water supply be located, proper backflow
protection devices installed and a regular program of inspections and testing of backflow
protection devices be conducted;
NOW THEREFORE, the City Council of the City of Yelm do ordain as follows:
SECTION 1
13.04.020 Is amended to add:
Public Works Director -The Public Works Director, or his/her dele atg ed representative in
charge of the City of Yelm Department of Public Works.
SECTION 2
13.04.080 (A) Is amended to read as follows:
The Public Works Director or designated representative is charged with administration and
enforcement of this chapter. Water service to any premises served by the city water system may
be discontinued for any violation or abridgement of the provisions of this chapter after due notice
thereof.
SECTION 3
13.04.096 Anew section is added as follows:
Wasting water prohibited. It is unlawful for any person to allow water to be wasted at any
point beyond the curb-cock or meter by imperfect, faulty or leaking stop-cocks, valves, pipes,
closets, faucets or other fixtures and appliances or to use water closets without self-closing
valves or to allow any fixtures or appliances to run open for lack of repairs, to permit freezing or
to use water for any other purpose other than that set forth in the application upon which charges
for water are based. or to use water in violation of the rules and regulations as set forth in this
chapter
Ordinance No. 778 Page 1 of 10
SECTION 4
13.04.097 A new section is added as follows:
Water shortage provisions The City reserves the right in the case of shortage of waters, or for
any other cause to make arm order re ug_lating forbidding or restricting the use of water for
irrigation or sprinkling_or any other non-essential outside usage.
SECTION 5
13.04.120 (A*) Is amended to read as follows:
Includes installation of a meter box, water meter service connection line from a water main in
the water system to a meter site on or in the public right a way adjacent to the property to be
served, which is not more than 50 feet distant from the water main. Where the water meter site
lies more than 50 feet distant from the water main the charge set forth above, shall be increased
by ~4-9:08 $25.00 for each additional foot of service line required.
SECTION 6
13.04.120 is amended to add
(D) Irrigation meters. If a meter is installed separately and solely for the pumose of irrigation,
the established water connection fee (ERU will apply plus the cost of the meter will be paid at
the time of application. The meter will be read and billed on a monthly basis and charged
according to the established water rates as set b~i~ Council. Irrigation meters shall have a
double check valve assembly approved by the CitX, and approved for installation in Washington
State.
SECTION 7
13.04.130 Is amended to read as follows:
(A) Water service may be supplied to premises on a temporary basis during the
construction of a building thereon or during the construction of a standard main to service such
premises. Applications for temporary service shall state fully the purposes for which temporary
service is requested. All water shall be metered, and costs required for installation and removal
of such temporary service shall be paid by the applicant prior to approval of such application.
(B) Upon cessation of the need for which the temporary service was requested, the owner
shall immediately notify the superintendent thereof and such temporary service shall forthwith be
terminated or converted to permanent service. The meter shall be read and the owner of the
temporary service shall be billed accordingly for the water used.
SECTION 8
13.04.140 (A) Is amended to read as follows:
The Public Works Director or designated representative, * may authorize water service
to a community or group of individual consumers to be furnished through a common master
meter upon finding that service through individual meters is not practicable. Where service
through a common master meter is authorized, the master meter shall thereafter be maintained,
owned and controlled by city.
SECTION 9: The following section 13.04.220 of Yelm Municipal Code Ordinance and the
corresponding part of the City of Yelm Ordinance No. 337 is hereby repealed and replaced with
the following.
Ordinance No. 778 Page 2 of 10
13.04.220 Cross Connection & Backflow Control Program: The purnose of this section is to
protect the health of the user and the potability of the water in the water system, by requiring the
inspection and regulation of all actual or potential cross connections between potable and non-
potable water systems in order to minimize the danger of contamination or pollution of the
public water supply Controlling and preventing cross connection is accomplished by either
installin awn approved backflow prevention assembly or removing the cross connection.
A. Authority:
1. The Federal Safe Drinking Water Act of 1974 and the statutes_of the State of Washington
Title 43 RCW and Chapter 248-54 WAC require purveyors to "protect public waters stems
from contamination due to cross connections".
2 City of Yelm Municipal Code 13.04.220 prohibits the presence of cross-connections.
3. The City of Yelm's Water Comprehensive Plan includes cross-connection requirements.
B. Definition of Responsibilities: The City shall require the installation of backflow
prevention devices on any_premises being served by the water system when in the judgment of
the Public Works Director or designated Cross Connection Control Specialist the nature and
extent of activities on the premises would present an immediate and/or dangerous hazard to
health should across-connection occur.
C. Definitions: The following terms are defined for purposes of this chapter:
1. Air Ga~Separation -The physical vertical separation between the free flowing discharge
end of a potable water supply pipe line and the open or non-pressure receiving vessel. The air
gap is to be twice the diameter of the supply piping measured vertically from the overflow rim of
the receiving vessel.
2. Approved Backflow Prevention Assembly - An assembly which has been approved by
the State of Washington and the City of Yelm for preventing backflow.
3. Atmospheric Vacuum Breaker - also known as an anti-siphon valve) A device
consisting of a single check valve in the supply line that opens to the atmosphere when the
pressure in the line drops to atmospheric.
4. Auxiliary Water Suppl~y supply of water used to augment the supply obtained
through the Purveyor's water system which serves the premises in question.
Ordinance No. 778 Page 3 of 10
5. Backflow -The flow of water or other fluids in the direction opposite to the normal flow.
6 Backflow Prevention Assembly Tester - An individual who is Certified by the State of
Washington and approved ~ the City of Yelm to test Backflow Prevention Assemblies.
7 Check Valve - A valve that~ermits flow in only one direction.
8 Contaminant - An~physical chemical biological or radiologtical substance or matter in
water which may render the water non-potable according to Washingtton State regulations.
9 Cross Connection - And link or channel between piping which carries potable drinking
water and the ~ipin~ fixtures which carr~~otable water or other substances.
10 Cross Connection Control Program - A program included in the overall Water
Comprehensive Plan which fulfills the requirements of the State of Washington Cross-
Connection Regulations and is approved by the City of Yelm.
11 Cross Connection Specialist - An individual certified bX the State of Washin togas and
approved by the City of Yelm to inspect for cross connections.
12. Customer Stem -All plumbing piping and appurtenances on the customer's side of
the point of metering or connection.
13. Public Works Director -The Public Works Director, or his/her designated representative.
14. Double Check Valve Assembly- An assembly of two independentl~g check valves
with a shut off valve on each side of the two check valves. The assembly also has test ports for
checkins~ the water tightness of each check valve. Backflow prevention assemblies must be
approved for installation in Washington State.
I5. Double Detector Check Valve Assembly -Same as a Double Check Valve Assembly
with the addition of a water meter and an additional Double Check Valve Assembl~ypassing
the main line assembly for the purpose of measuring low or proportional flow. Backflow
prevention assemblies must be approved for installation in Washington State.
16. Facility Survey - An on-site review of the water source, facilities, equipment, operation,
and maintenance for the purpose of evaluating the hazards to the drinking water suppler
17. Owner -Any person who has legal title to or license to operate or occu~~propertX
upon which across-connection inspection will be made or upon which across-connection is
rep sent.
18. Pressure Vacuum Breaker Assembly - A mechanical assembly consisting of one snrin
loaded check valve in the supply line and a spring loaded air inlet on the downstream side of the
check valve which will open to atmosphere when the pressure in the assembly drops below one
pound per square inch. The complete assembly consists of two shut off valves and two test ports
for checking water tightness of the check valve. Backflow prevention assemblies must be
approved for installation in Washington State.
Ordinance No. 778 Page 4 of 10
19 Reduced Pressure Backflow Prevention Assembly - (RP) An assembly for preventing
Backflow incorporating two check valves a differential relief valve located between the two
check valves two shut-off valves one on each end of the assembly test ports for checking water
tightness of the check valves and the operation of the relief valve. Backflow prevention
assemblies must be approved for installation in Washington State.
20 Reduced Pressure Detector AssemblX- (RPD) Same as RP Assembly with the addition of
a water meter and an additional RP Assembly bypassing the main line Assembly for the purpose
of measuring low o~roportional flow Backflow prevention assemblies must be approved for
installation in Washington State.
21 Safe Drinking Water - (Potable Water) Water which has sufficiently low concentrations
of microbiological inorganic chemical organic chemical radiolo icg al or physical substances so
that individuals drinking water at normal levels of consumption will not be exposed to disease
organisms or other substances which may~roduce harmful physical effects.
22 Secondary Contaminant -Contaminants which at levels eg nerally found in drinking
water do not present unreasonable risks to health but do adversely affect taste, odor, and color.
23 Service Connection -The point of delivery of water at or near the property line, eg nerally
at the water meter.
D. Cross Connection Program Requirements: The City will operate a cross connection
control program which fulfills the requirements of the State of Washington Cross Connection
Regulations and is approved by the City of Yelm.
I . The Owners shall allow their property to be inspected for possible cross connections and
shall follow the provisions of the City's program if a cross connection is permitted.
2. If the City requires that the public supply be protected by containment, the owner shall be
responsible for water~uality and for thermal expansion protection beyond the outlet end of the
containment device and should utilize fixture outlet protection for that purpose. Fixture outlet
devices shall be installed in accordance with the Uniform Plumbing Code. A plumbingpermit
and inspections ma,, b~quired.
3. On new installations the Citesprovide on-site evaluation and/or inspection of plans in
order to determine the type of Backflow preventor, if any that will be required. In any case, a
minimum of a meter setter check valve will be required on any new construction.
4. For premises existingprior to the start of this program, the City will perform evaluations
and inspections of Mans/or premises and inform the owner by letter of any corrective action
deemed necessary, the method of achieving the correction, and the time allowed for the
correction to be made.
Premises will be inspected on or after the expiration date of required action to correct a cross
connection. Premises failingto comply with the Citesquest shall receive written notice that
water service to the premise will be terminated within a period not to exceed 30 calendar days.
In the event the owner informs the City of extenuating circumstances as to why the correction
has not been completed the City may grant a time extension up to 30 dam
Ordinance No. 778 Page 5 of 10
5 The Cif will not allow any cross connection to remain unless it is protected by an
approved backflow preventor for which a~permit has been issued and which will be regularly
tested to insure satisfactory operation.
6 If the City determines at any time that a threat to the public health exists, the water
service will be terminated immediately.
7 The Cit sal perform inspection of all backflow devices. Inspection shall include the
onsite reviews of existing installations after andrepairs or maintenance and after any relocation.
The owner is required to submit to the City a copy of the initial test report, as well as annual
testing reports completed by a certified backflow assembly tester.
8 When the initial installation or annual test identifies an improperly operating backflow
device the owner shall correct the malfunction as directed by the City. The owner shall contact
the City after correcting the malfunction for inspection.
E Owner• The owner shall be responsible for the elimination or protection of all cross-
connections on their premises.
1 The owner following the receipt of a letter from the City shall at their own expense
install any and all backflow preventors requested.
2 The owner shall correct any malfunction of the backflow preventor which is revealed by
periodic CitX testing.
3. The owner shall inform the City of andproposed or modified cross-connections and also
any existing cross-connections of which owner is aware.
4. The owner shall install onl~y approved backflow preventors.
5. An~owner having a private well or other private water source shall not cross connect to
the City's system.
6. The owner shall provide access to premises to the City at the Citesrequest. Failure to
provide access to inspect facilities shall be grounds for termination of water service.
7. The owner shall be responsible for the payment of all fees for permits, annual or semi-
annual device testing, re-testing in the case that the device fails to operate correctly, and any re-
inspections for non-compliance with City requirements.
F. Failure to Comply: Andperson, firm or corporation who willfully violates any
provisions and requirements of the cross connection control manual shall be wilt,
misdemeanor and further shall be subject to discontinuance of supply of water to the premise.
Discontinuance of the Citespotable water supply to the premise shall remain in effect until
corrective action as required by the Public Works Director is completed, tested, and approved.
G. Installation and Testing: Installation and testing of all backflow~rotection devices
shall be in accordance with the American Water Works Association Cross Connection Control
Manual accepted procedures and practices. The latest edition shall be used.
Ordinance No. 778 Page 6 of 10
1 In addition all backflow protection shall be installed at a location that is easily accessible
for inspection and testing Devices located in vaults shall have adequate clearances and depths to
allow the Cit ty o inspect and test Devices that cannot be easily and readily inspected shall be
required to be relocated and re-plumbed as required by the City. The owner shall contact the
City for applicable installation requirements and standards.
H AQplicability• The City recognizes there are varying_degrees of risks associated with
different types of uses and will consider this when determining if a cross connection exists and
~~licable backflow prevention devices.
I. Existing Backflow Prevention Devices: Any existing backflow protection device in use
can continue to be used providing_
1 The devices are functioning_properly based on inspection and approved test reports
received by the City.
2 The de reg_e of protection is satisfactory for protection of the City's potable water system
as determined by the Public Works Director or designated Cross Connection Control Specialist.
3 Backflow devices that do not meet the above conditions shall be replaced with new
improved devices.
SECTION 10
13.04.240 Is amended to read as follows:
When a verbal or written request is made which may be responded to during regular working
hours for any discontinuance of water service to a premise for the convenience of the occupant or
owner, the response thereto shall be classified as special as special service, and no charge shall
be made. Such service outside regular working hours shall be at the rate of X99 $50.00 per
call.
SECTION 11
13.04.250 The following rate chart is amended to read as follows:
Monthly water base and consumption rates shall be as follows:
A. Monthly Base Rate Charges. The following schedule is the monthly per meter base charge
based upon meter size for all consumers. Monthly charges for meter sizes not listed in the
schedule shall correspond to the next larger size listed. ;~te5-~e-~eac~=te~e~v~-gig
Base Rate
Residential Inside 5/8" $1 1.00
Residential Outside 5/8" 18.00
Residential Inside 1" 13.50
Residential Inside 1-1/2" 18.50
Residential Inside 2" 26.00
Commercial Inside 5/8" 1 1.00
Commercial Outside 5/8" 18.00
Commercial Inside 1" 13.50
Commercial Inside 1-1/2" 18.50
Ordinance No. 778 Page 7 of 10
Commercial Outside 1-1/2" 27.00
Commercial Inside 2" 26.00
Commercial Outside 2" 36.00
Commercial Inside 3" 32.50
Commercial Outside 3" 42.50
Commercial Inside 4" 50.00
Commercial Outside 4'' 60.00
Commercial Inside 6" 68.50
Senior Citizen 0.00
B Monthly consumption charges The following chart is the adopted block rate structure charged
accordin~to consumption use Block rates are charged on a per 100 cubic foot basis.
0-600 c.f. 601-1000 c.f. 1001-2400 c.f. 2400 + c.f.
$1.15 $1.80 $2.30 $3.05
SECTION 12
13.04.250 (A) (2) Is hereby repealed:
SECTION 13
13.04.250 (A) (3) Is hereby repealed:
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SECTION 14
13.04.250 (C) is hereby repealed.
SECTION 15
13.04.250 (D) Is amended to read as follows:
Temporary water service for construction of any building, street, utility or similar project shall be
provided at the rate identified in the rate schedule in subsection A or B of this section dependent
upon location of project. A construction meter shall be required and application shall be made at
the office of the ^~+~~ ~'°~'~~.r°°~,,,.°r Public Works Director identifying location and reason for
use of water. A deposit of ~-1-AA:BA Six hundred ($600 dollars for each construction meter shall
be collected. Upon completion of the project, return of construction meter and charges for
consumed water is paid for, return of deposit shall be made to consumer.
Ordinance No. 778 Page 8 of 10
SECTION 16
13.04.260 Is hereby repealed:
,
SECTION 17
13.04.290 (A) Is amended to read as follows:
Water service terminated for nonpayment shall not be restored to the nonpaying occupant until
all delinquent charges, together with a service fee of $-I-5:~8 Twent_~($20~ dollars for restoring
services, are paid. The city will not refuse to turn on a discontinued service to a new tenant in
any building due to the nonpayment of a prior tenant. Upon payment of the necessary hook-up
fees, the new service shall be restored. Restoration of service shall in no way comprise the
existing debt or the responsibility of the property owner for payment.
SECTION 18
13.04.340 A new section is added as follows:
Violations -Penalties.
A. Civil Penalties.
1 Any~erson who shall violate any~rovision of this Chapter shall be liable to the city for
an~pense loss damage cost of inspection or cost of correction incurred by the cit~y reason
of such violation including any cost to the cif incurred in collecting from such person such loss,
damage. expense, cost of inspection or cost of correction, including necessary reasonable
attorney's fees and court costs.
2. Any.person who shall make an unauthorized connection to the city's water system shall
be charged a minimum fine of Two hundred fifty ($250) dollars, or such other fines and penalties
as may be adopted from time to time by city ordinance, for each unauthorized connection.
B. Criminal Penalties.
1. Anyperson ,firm or corporation who willfully violates any of the provisions of this
chapter shall be subject to discontinuance of supply of City water to the premises.
Discontinuance of the Citypotable water supply shall remain in effect until corrective action as
required by the Public Works Director is completed. Furthermore, any willful violation by a
person, firm, or corporation shall be guilty of a misdemeanor.
Ordinance No. 778 Page 9 of 10
SECTION 19
Effective Date. This ordinance will take effect five days after the date of its publication.
SECTION 20
Saving Clause. Ordinances repealed and amended by this ordinance, shall remain in force and
effect until the effective date of this ordinance.
SECTION 21
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance
is declared unconstitutional or invalid for any reason, such decision shall not affect the validity
of the remaining portion of this ordinance.
Passed by the Yelm City Council at a regular meeting thereof this 14r" day of May, 2003.
AUTHENTICATED:
+;
Agne . Bennick, City Clerk/Treasurer
Published: Nisqually Valley News, May 23, 2003
Effective Date: May 28, 2003
Ordinance No. 778 Page 10 of 10