Ordinance No. 1121 - Adding 13.24.090 Reclaimed Water Annexation RequirementsCITY OF YELM
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADDING A NEW SECTION 13.24.090
ANNEXATION REQUIREMENTS, TO CHAPTER 13.24 RECLAIMED WATER, OF THE YELM
MUNICIPAL CODE.
WHEREAS, Chapter 13.24 does not currently contain a provision outlining annexation
requirements for consumers requesting reclaimed water service; and
WHEREAS, there is currently no application process outlined in the ordinance by which
premises located within the Yelm urban growth area may obtain reclaimed water; and
WHEREAS, the Yelm City Council has determined the Yelm urban growth area can be
serviced with reclaimed water after signing a waiver of protest to annexation by the City and a
special irrevocable power of attorney; and
WHEREAS, the Yelm City Council has determined the following ordinance will be added to
Chapter 13.24 RECLAIMED WATER of the Yelm Municipal Code; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YELM AS FOLLOWS:
Section 13.24.090 is hereby added to Chapter 13.24 of the Yelm Municipal Code as
follows:
Section 13.24.090 Annexation requirements.
A. Premises lying within the Yelm urban growth area (UGA) shall annex to the City as a condition
of reclaimed water connection. Alternately, the City may elect to defer annexation and require
execution of an agreement described in subsection B of this section.
B. Premises not annexed as a condition of reclaimed water service may receive such service only
upon entering into an appropriate agreement with the City containing a waiver of protest to
annexation and/or a special irrevocable power of attorney authorizing annexation at such time as
the City determines the premises is to be annexed to the City.
1. Application fees as established by the City Council must be paid upon the submittal of
a signed agreement requesting reclaimed water service for premises outside the City;
2. The cost of the reclaimed water extension must be borne in whole by the applicant
for such services, subject to any provisions in effect at the time of connection for
latecomer reimbursement;
3. The agreement may not be executed prior to the time formal application is made for
approval of the project for which utilities are requested. The term of said agreement shall
terminate at the time any project application or approval expires or is revoked for any
reason. A new agreement is required for any extension of project applications or approvals
or when in the opinion of the Director of Public Services, a substantial change or addition
is made to the project.
C. Following execution, such agreement must be recorded by the City in the chain of title for
such premises in the records of the Thurston County Auditor.
Adopted by the Yelm City Council at the regular meeting this 1311 day of August 2024.
10 into, Mayor
ryl-Bliffill!
Kat y LinnerWye,, City Clerk
PUBLISHED°.C)%'t} LA
EFFECTIVE DATE:
l(
s asT.19"
WASHINGTON
Meeting Date: 0811012024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: ORDINANCE NO. 1121—SPECIAL IRREVOCABLE POWER OF ATTORNEY
AND WAIVER OF ANNEXATION FOR RECLAIMED WATER
PROPOSED MOTION:
Motion to approve Ordinance No. 1121 to SPECIAL IRREVOCABLE POWER OF ATTORNEY AND
WAIVER OF ANNEXATION FOR RECLAIMED WATER
KEY FACTS AND INFORMATION SUMMARY:
The Yelm Municipal Code currently lacks a specific application process for providing reclaimed water
services to properties in Yelm's Urban Growth Area (UGA). Consequently, to facilitate the establishment
of new reclaimed water connections for properties located outside the corporate limits of the City but
within the UGA, it is necessary to introduce new language into Chapter 13.24 of the ordinance. This
amendment will address and accommodate the requirements for extending reclaimed water services to
these areas.
ATTACHMENTS:
ORDINANCE NO. 1121
SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF ANNEXATION
YMC Chapter 13.24 Track Changes
Respectfully Submitted:
Reza R. Roukerd
Civil Review Engineer
11Page
SPECIAL IRREVOCABLE POWER OF ATTORNEY
AGREEMENT TO ANNEX (UGA PRIVATE)
THIS AGREEMENT is made and executed by and between the City of Yelm, a municipal
corporation, hereinafter referred to as "City" and hereinafter referred to
as "Owner".
WHEREAS, Owner holds record title of the following described Property (the "Property")
located within Thurston County, Washington:
SEE ATTACHMENT'A
WHEREAS, said Property lies within the City urban growth area, thereto, and
WHEREAS, it is the desire of the Ownerthat said Property be served with water, reclaimed
water, and/or sewer service from the City of Yelm and hereby makes application therefore, or is
already served by City utilities, and
WHEREAS, Section(s) of the Yelm Municipal Code requires that an
Agreement executed whereby the owner of the above described Property covenants that they
would annex said Property to the City of Yelm at such time as the Property becomes contiguous
to the corporate limits of the City of Yelm, or is otherwise eligible for annexation to Yelm, and
WHEREAS, it is appropriate that the Owner grant to the Yelm Public Services Director a
special power of attorney to effect said annexation at the time the Property becomes contiguous
to Yelm or is otherwise eligible for annexation to Yelm.
IT IS AGREED BETWEEN THE PARTIES as follows:
That Yelm hereby provides water, reclaimed water, and/or sewer service to the above
described Property in accordance with Title 13 of the Yelm Municipal Code
2. In consideration of Yelm providing said utility service, the Owner hereby grants and conveys
to the Yelm Public Services Director or his successor in interest or designee a Special Power
ofAttorneyto exercise any and all rights said Owner, their heirs or assigns and any successors
in interest to said Owner, including any purchasers, mortgage holders, lien holders or other
persons who may claim an interest in said Property hereinafter referred to as "Successors in
Interest" to accomplish the following:
(a) To petition to Yelm for annexation of any part or all of the Property described above, which
petition shall conform to the provisions of paragraph (b) herein.
(b) To accomplish all steps necessary or proper for the annexation of said Property under
RCW 35A.14 and the ordinances and regulations of the City of Yelm for annexation of
Page 1 of 3
Property to the City of Yelm with zoning consistent with the ordinances of the City of Yelm
and with the condition that Owner or its Successors in Interest will be required to assume
no more than a fair share of Yelm's bonded indebtedness.
(c) To sign any and all letters, petitions, and other documents necessary to accomplish said
annexation on behalf of any successors in interest as defined above.
(d) This Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described Property is no longer served
by water, reclaimed water, and/or sewer service through Yelm or Yelm's utility facilities.
3. If the City of Yelm resolves to annex the above-described Property pursuant to RCW
35A.14.295-.299, the Owner or its Successor in Interest covenants not to challenge same by
referendum or other methods. This Agreement and Power of Attorney touches and concerns
the real Property described above and so long as the said Property is served by water,
reclaimed water, and/orsewer service from the City of Yelm through the Yelm water, reclaimed
water, and/or sewer system, shall bind the land and shall run with the land, binding the
Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest
therein.
4. This agreement is effective upon the date of the last signature of both the grantor and grantee.
THIS AGREEMENT shall be recorded in the Thurston County Auditor's Office and shall be
referenced upon any deed or other instruments conveying an interest in said Property.
Dated in Yelm, Washington this day of
M
IN
(Owner) CITY OF YELM
(Signature)
(Title)
BY:
(Signature)
ITS:
(Title)
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day of _ 20, personally appeared before me
, known to be the individual(s)
described, and who executed the foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On the day of 20 , before me, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the Public Services Director of the City
of Yelm, a municipal corporation, who executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal corporation for the
uses and purposes therein mentioned and on oath states that is authorized to execute the
said instrument.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
Page 3 of 3
Chapter 13.24
RECLAIMED WATER
Sections:
13,24,010, Findings,
r, recta m ati on policy,
13,24,030 Definitions,
11124,940 Comprehensive water rectams-Wn,ptan,
13,24,050 Use of recWrned.water.
1,3,24,00 _Vser,,agreements,
13,24,00,11 Legat requirements,
m(pAQenle8tm,
13.24.010 Findings.
The policies described above areinthe bestinterestof the city of Yelm. This chapter is necessaryto
protect the water supply of the region, which is vital to public health and safety, andto prevent
endangerment of public and private property. The city of Yelm is dependent on ground water
sources and limited water rights. The ability to obtain additional water rights in the future is
uncertain. Developing and utilizing reclaimed water can reduce the need for additional potable
water. In Light of these circumstances, certain uses of potable water may be considered where
reclaimed water is available or production of potable water is unduly impaired. To encourage the
use of reclaimed water in lieu of potable waterthe city desires to sell the reclaimed water at a
fraction ofthe established potable water rates. (Urd.720U1,200O;Ord. 884§1'199S).
13^24^030Water meoKamnatinnpolicy.
It is the policy of the city of YeLm to reclaim 100 percent of the wastewater generated by the city and
that reclaimed water shall be used within the jurisdiction wherever its use is economically justified,
financially and technically feasible, and is consistent with Legal requirements of
Chaptor,9l1`45RCW(for the preservation ofpublic health, safety and welfare, and the protection of
the environment. (Ord.72D@l,2DO0;Ord. G84§2,1S89).
13.24.030 Definitions.
The fuiiovvin8tornnnare defined for purposes ofthis chapter:
"Agronomic rate" meansthe amount of water required to sustain and promote plant and vegetation
growth without saturation ofthe underlying soils.
"Agricultural purposes" means and includes the growing of field and nursery crops, row crops,
trees, and vines and the feeding offowl and livestock.
"Beneficial use" means the use of reclaimed water, which has been transported from the point of
production to the point of use without an intervening discharge to waters of the state, for a
beneficial purpose.
"City" means the city of Yelm, Washington, or as indicated by the context, may mean the public
works director, treatment plant operator, water department, water superintendent, city
clerk/treasurer, engineer or other employee or agent representing the city in the discharge of his
duties.
"City engineer" means the professional engineer regularly employed or retained by the city.
"Commercial office buildings" means any building for office or commercial uses with water
requirements which include, but are not limited to: landscape irrigation, fire protection, toilet and
urinal flushing and decorative fountains.
"Commercial water service" means reclaimed water service provided to a premises utilized for
business or industrial purposes.
"Council" means the council of the city of Yelm.
"Department" means the Washington State Departments of Ecology and Health.
"Greenbelt areas" includes, but is not limited to, golf courses, cemeteries, parks and landscaping.
"Infiltration basins" means a basin, pond or area specifically designed forthe controlled
application of reclaimed water by surface percolation for the purpose of replenishing ground water.
"Irrigation" means watering by sprinkling or dripping through orifices at normal agronomic rates.
"Industrial process water" means water used by any industrial facility with process water
requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or
construction process.
"Nonrestricted recreational impoundment" means a body of reclaimed water in which no
limitations are imposed on body -contact water sports activities. Examples may include but are not
limited to recreational lakes, waterfeatures, ponds and fishponds.
"Off-site facilities" means reclaimed water facilities from the source of supply to the point of
connection with the on-site facilities, normally up to and including the water meter.
"On-site facilities" means reclaimed waterfacilities underthe control of the owner, normally
downstream from the reclaimed water meter.
"Plan" means the city of Yelm's facility plan or comprehensive water reclamation plan.
"Potable water" means ground water that is used or intended to be used as, or is suitable for, a
source of a water supply for domestic purposes and has been classified as a source of drinking
water bythe Department of Health.
"Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment
system that has been adequately and reliably treated, so that as a result of that treatment, it is
suitable for a beneficial use or a controlled use that would not otherwise occur and is no longer
considered wastewater. As used herein, reclaimed water shall be classified as Class A reclaimed
water as defined in Chapter 90,46 RCW and the Water Reclamation and Reuse Standards.
"Reclaimed water distribution systems" means a piping system intended forthe delivery of
reclaimed water separate from and in addition to the potable water distribution system.
"Reclaimed water user agreement" means a binding agreement between the city of Yelm and the
owner of a use area outlining the conditions for use of reclaimed water to ensure that construction,
operation, maintenance and monitoring meets all requirements of the Washington Departments of
Ecology and Health and the city.
"Reuse" means the use of reclaimed water, in compliance with Washington Departments of
Ecology and Health regulations, for a beneficial use.
"Residential service" means reclaimed water service for lawn andlorvegetable garden irrigation
provided to a residential living site.
"Service connection" means that portion of the city's reclaimed water supply system connecting
the city's reclaimed water distribution main includingthetap into the main, the water meter and
appurtenances and the service line from the main to the meter and from the meter to the user's
property line. "Service connection" includes connections for fire protection as well as for irrigation,
commercial and industrial uses.
"Spray irrigation" means the application of reclaimed waterto land by spraying it from sprinklers of
orifices in piping.
"Standard specifications" means the specifications set forth in the current volume of "Standard
Specifications for Road, Bridge, and Municipal Construction" prepared and distributed jointly bythe
Washington State Department of Transportation (WSDOT) and by the Washington State Chapter of
the American Public Works Association (APWA) and the current "Standards" of the American Water
Works Association (AWWA).
"Surface percolation" means the controlled application of water to the ground surface for the
purpose of replenishing ground water.
"Use area" means any facility, building, or area approved for use of reclaimed water as evidenced
by an executed user agreement.
"Water reclamation and reuse standards" means standards developed by the Washington State
Departments of Ecology and Health dated September 1997 and as may be amended from time to
time. (Ord. 720 5 1, 2000; Ord. 684 g 3, 1999).
13.24.040 Comprehensive water reclamation plan.
A. General. The city of Yelm has prepared and adopted a Water Reuse Facilities Plan pursuant to the
requirements of the Growth Management Act (GMA) and the Washington State Department of
Ecology as part of the city's update of the wastewater treatment facilities and implementation of
the reuse plan.
Updates to the facilities plan shall be prepared in the form of a comprehensive water reclamation
plan. The city engineer shall prepare the plan for the city and three copies of the same shall be
maintained on file in the office of the city cleric/treasurer. The plan shall be submitted to and
approved by the Departments of Ecology and Health.
B. Uses of Reclaimed Water. The facilities plan identified any use that meets the standards for
Class A reclaimed water as a planned or potential use of reclaimed waterwithin the city's service
area. Reclaimed water uses may include, but are not limited to, the irrigation of food and nonfood
crops, landscape irrigation, impoundments, fish hatchery basins, decorative fountains, flushing of
sanitary sewers, street cleaning, dust control, fire fighting and protection, toilet and urinal flushing,
washing aggregate and concrete production, industrial cooling and industrial processes. Referto
Table 1 * for additional uses and regulations pertaining to those uses.
C. Contents of the Reclamation Plan. The comprehensive water reclamation plan shall be updated
from time to time as deemed necessary by the city council, but in any event not less than every five
years. The plan shall include the following:
1. Plants and Facilities. Proposed location and size of the reclamation treatment plant, distribution
pipelines, pump stations, reservoirs, and other related reuse facilities.
2. Reclaimed Water Service Areas. A designation of the boundary within the city of Yelm service
area that can or may in the future use reclaimed water in lieu of potable water, including reuse
areas and ground water recharge infiltration basins. An evaluation of reuse sites, estimated volume
of waterto be reused, means of application, application rates, water balance, expected agronomic
uptake, potential to impact ground water or surface water at the site, background water quality and
hydrogeological information necessary to evaluate potential water quality impacts shall be
addressed in the plan.
3. Contingency Plans. The plan shall address a contingency plan to ensure that no untreated or
inadequately treated wastewaterwill be delivered to a use area.
4. Cross -Connection Control. The plan shall discuss cross -connection control and inspection
program, inctudingwho will be responsible for compliance and testing of cross -connection control
devices.
5. Design Standards. The plan shall identify design standards, which shall be adopted from time to
time by the council and three copies of the same shalt be maintained on file at the office of the city
clerk/treasurer. (Ord. 720 § 1, 2000; Ord. 684 § 4, 1999).
*Code reviser's note: Table 1 is on file in the city clerk/treasurer's office.
13.24.050 Use of reclaimed water.
A. Identification of Pipe and Appurtenances. All reclaimed water pipelines, valves, outlets, and
other appurtenances, including all irrigation systems pipelines, valve and control boxes shall be
calor -coded purple (Pantone 622 or other shades of purple acceptable to the city). The piping shall
be embossed or integrally stamped or marked "Caution: Reclaimed Water— Do Not Drink," and be
installed with a purple (Pantone 512 or other shades of purple acceptable to the city) identification
tracer tape. The pipe and tape shall have the warning stamped on opposite sides of the pipe and
tape and be repeated every three feet or less. Identification tracer tape shall be consistent with the
Water Reclamation and Reuse Standards. Signs for notification of reclaimed water connections
shall read "Reclaimed Water -Do Not Drink." Signs for notification of irrigation use areas shall read
"For Water Conservation, This Property Is Irrigated with Reclaimed Water- Do Not Drink." Signs
shall be color -coded purple (Pantone 522 or other shades of purple acceptable to the city) with
black lettering. Sleeves over standard water pipe will not be permitted.
B. Ownership of Mains and Service Connections. The ownership of all mains, service connections
and appurtenances in the public street or utility rights-of-way shall be vested fully in the city and
the person responsible for the construction of such mains shall relinquish, by bill of sale, or other
appropriate instrument of conveyance, all interest in the ownership of such mains upon
acceptance by the city.
The city shall operate, control and maintain all approved and accepted components of the city
water reuse system in the public streets or utility rights-of-way up to and including the meter, but
shall not be responsible beyond the meter. The owner of the property served shall be responsible
for maintenance of all pipe and fittings from the meter to his premises. No alteration shall be made
to any connection nor shalt any connection be made to the city's reclaimed water system without
the approval of the city. All connections or alterations shall be made by the city's public works
department or by a contractor supervised bythe city.
C. Cross -Connection Control. There shall be no cross -connections between the reclaimed water
and potable water systems. The city shall coordinate with the water department to establish and
obtain approval from the Washington State Department of Health a cross -connection control and
inspection program pursuant to WAC 2d£, -.20Q.-. .Q. Where both reclaimed water and potable water
are supplied to a reclaimed water use area, a "reduced pressure principle backflow" prevention
device, or an approved "air gap separation" shall be installed at the potable water service
connection to the reuse area.
The cost of such device and the installation thereof shall be borne by the owner of the premises
affected. The installation and periodic testing shall conform to the provisions of WAC 2_4_8-5A-50.0.-
No
_{{3-a4-a .0.No interconnection with private welts is allowed and inspection by the cityto verify disconnection is
required for continued reclaimed water service. An independent testing laboratory shall submit a
test report indicatingthe backflow prevention device has been tested and is in conformance with
this section. Annual testing and reporting shall be required.
D. Dwelling Unit. Reclaimed water shall not enter a dwelling unit or a building containing a dwelling
unit except as specifically provided in the Water Reclamation and Reuse Standards.
E. Automatic Fire Sprinkler Systems. All buildings with an automatic fire sprinkler system
connected to the city's reclaimed water system shall pay the same fees and rates as identified in
the water ordinance. No reclaimed water shall be used through such connections or sprinkler
system except for actual fire control.
F. Temporary Water Service for Construction. Temporary reclaimed water service from a reclaimed
water fire hydrant for construction of any building, street, utility or similar project shalt be provided
at 80 percent of the lowest potable water rate tier as established by the city or as amended from
time to time. A construction meter shall be required and application shall be made at the office of
the public works department identifying location and reason for use of the reclaimed water. A
deposit shall be collected as identified in the water ordinance. Upon completion of the project,
return of construction meter and charges for consumed reclaimed water are paid for, return of the
deposit shall be made to consumer.
The city shall provide a separate "purple meter" for connection to the reclaimed water system.
Information shall be provided with the meter indicating the use of reclaimed water pursuant to the
requirements of the reclaimed water and reuse standards.
Temporary connections to the reclaimed water system other than directly to a reclaimed waterfire
hydrant shall not be allowed.
G. Tank Trucks. Tank trucks and other equipment used to distribute reclaimed water shall be clearly
identified with advisory signs. The tank trucks used to transport reclaimed water shalt not be used
to transport potable water that is used for drinking or other potable purposes. The tanktrucks used
to transport reclaimed water shall not be filled through on -board piping or hoses that may
subsequently be used to fill tanks with waterfrom a potable water supply. Tanktrucks used to
transport reclaimed water shall be inspected and approved for such use by the city priorto
transporting reclaimed water.
H. Mandatory Reclaimed Water Use. The facilities plan update and subsequent comprehensive
water reclamation plan identifies existing and planned reuse areas for consumptive beneficial use
and ground water recharge areas. This information shall be used by city officials to mandate
construction of reclaimed water distribution systems or other facilities in new and existing
developments for current orfuture reclaimed water use as a condition of any development
approval or continued potable water service if future reclamation facilities are proposed in the
facilities plan indicating reclaimed water could adequately serve the development.
I. Conversion of Existing Potable Water System. Based upon the comprehensive water reclamation
plan the city may require an existing potable water user to convert their irrigation and/or other
nonpotable uses of water to the use of reclaimed waterfor potable water conservation purposes.
J. Implementation. Should a determination be made to convert an existing potable water use to
reclaimed water, city versus user costs associated with the required connection shall be identified
in the required execution of the user agreement. Once connected, the user shall pay the cost of
reclaimed water consumed based on the terms of this chapter.
K. Objections — Appeals. The water customer may file a notice of objection with the city within 30
days after any notice of determination to comply is delivered or mailed to the customer, and may
request reconsideration of the determination or may request a modification of the proposed
conditions or schedule for conversion. The objection must be in writing and specify the reasons for
the objection. The preliminary determination shall be final if the customer does not file a timely
objection. The city administrator or designee shall review the objection with the objector, and shalt
confirm, modify or abandon the preliminary determination. Such decision may be appealed to the
city council within 30 days.
L. Conditions. Upon application by ad eve toper, owner or water customer (herein referred to as
"applicant") for a land use approval, or other development project as defined by this code, staff
shall review the facilities plan and any subsequent reclaimed water comprehensive plan and make
a preliminary determination whether the subject property is required to be served with reclaimed
water or to include facilities designed to accommodate the use of reclaimed water in the future.
Based upon such determination, use of reclaimed water and provisions of a reclaimed water
distribution system or other facilities forthe use of reclaimed water, and an application for a user
agreement for such use shall be required as a condition of approval of any such application, in
addition to any other conditions of approval.
M. Alterations and Remodeling. On a case-by-case basis, upon application for an alteration or
remodeling of multifamily, commercial or industrial structures (including, for example, hotels), staff
shall reviewthe facilities plan or subsequent comprehensive water reclamation plan update and
make a preliminary determination whetherthe subject property shall be required to be served with
reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the
future. Based upon such determination, use of reclaimed water and provision of reclaimed water
distribution systems or other facilities forthe use of reclaimed water, and application for a user
agreement for such use, may be required as a condition of approval of the application. (Ord. 779
§§ 1, 2, 2003; Ord. 720 § 1, 2000; Ord. 684 § 5, 1999).
13.24.060 User agreements.
A. Requested Service. On a case-by-case basis, upon application for a user agreementto use
reclaimed water on a property not covered by YMC 1-a, 24.0,0, staff shalt review the facilities plan
and any subsequent comprehensive water reclamation plan and make a determination whether the
subject property shalt be served with reclaimed water. Based upon such determination, the
application forthe user agreement shall be accepted and processed.
B. User Agreement Conditions. The user agreement shall specify the design, construction,
operation, maintenance and monitoring requirements forthe applicant's planned use, based on the
rules and regulations adopted pursuant to this chapter and shall require compliance with the
Washington State Departments of Ecology and Health requirements (see Chapter Q4 4S RCW), and
requirements of the Water Reclamation and Reuse Standards.
The staff shall review plans forthe reclaimed and nonreclaimed water distribution systems for the
parcel and a field inspection conducted before the user agreement is granted. Reclaimed water
shall not be supplied to a property until inspection by staff determines that the applicant is in
compliance with the user agreement conditions.
C. Application. All applications for reclaimed water service shalt be made at the office of the city
public works department or at such other place as the council may thereafter designate by
resolution and upon such form as may be prescribed by the city. Every such application shall be
made by the owner of the property to be furnished reclaimed water, or by its authorized agent, and
the applicant shall state fully and truly all the purposes for which the reclaimed water may be used.
Reclaimed water service shalt only be granted for use meeting the water reclamation and reuse
standards and upon the execution of a reclaimed water user agreement.
D. Reclaimed Water User Agreement Process. Upon completion of the reuse agreement conditions,
the agreement shall be scheduled for city council consideration.
E. Connection—Gene rat Requirements. When a permit has been obtained for the installation of
reclaimed water service, the city shall cause the premises described in the application to be
connected with the reclaimed water system by a service pipe extend ingfrom the reclaimed water
main to the property line and a shutoff valve and reclaimed water meter placed within the right-of-
way. Every separate user and premises shall have its own separate meter.
All connections to city's reclaimed water service shall conform to the standard specifications and
regulations of the city.
F. Temporary Use of Potable Water. Atthe discretion of the city, potable water may be made
available on a temporary basis until reclaimed water is available. Before the applicant receives
temporary potable water, a water reclamation user agreement must be obtained for all reuse
facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities
will be conducted to verifythat the facilities have been maintained and are in compliance with the
reclaimed water user agreement and current requirements for service. Upon verification of
compliance, reclaimed water can be served to the parcel for the agreed upon use. If the facilities
are not in compliance, the applicant shall not receive potable or reclaimed water service.
Priorto making reclaimed water available, the potable water connection shall be removed and the
on-site distribution system field tested to verify no cross -connections with the potable water
system exist.
G. Installation of Main. Whenever application is made for reclaimed water service to a premises
with no reclaimed water main in the adjacent street, a standard reclaimed water main must be
installed prior to connection. The installation of such standard mains shall conform to the
comprehensive reclaimed water plan.
A reclaimed water main shall be installed by and at the expense of the owner(s) of the premises to
be served thereby, pursuant to plans reviewed by the city and approved bythe city engineer. In such
cases the city will contract with the owner(s) to provide for reimbursement of the costs of design
and construction of such main over a period not to exceed 15 years pursuant to the provisions of
Chapter 35.92 RCW. The actual cost must be approved by the city showing the method of
determining benefit cost. The council shall record the contract in the office of the county auditor
upon acceptance of construction of the main.
The owner may elect to have a reclaimed water main installed bythe city upon making payment to
the city of the appropriate main extension charges as provided for in the water ordinance.
H. Water Meters. All service connections to the city reclaimed water system shall be metered.
Reclaimed water meters shalt be sized to provide adequate flow of reclaimed waterto the
customer. Minimum water meter sizes shall ordinarily be determined from the maximum flow
requirements for the user as determined by an engineering study. All water meters shall be
American Water Works Association (AWWA) approved. (Ord. 779 § 3, 2003; Ord. 720 g 1, 2000; Ord.
684 5 6, 1999).
13.24.070 Reclaimed water service, hookup and meter charge.
A. Reclaimed Water Rate. The rate charged for reclaimed water shalt be set at 80 percent of the
Lowest potable water rate tier as established by the city or as amended from time to time. Special
circumstances may be taken into consideration to allow for a different rate. Such special
circumstances and rates shall be identified in the user agreement and approved by the city council.
B. To encourage use of reclaimed water in lieu of potable water and to advance the use of reclaimed
water throughout the city service area, there is no equivalent residential unit/hookup fee to the
reclaimed water system, except the user shall pay the appropriate meter charge as identified in the
city's water ordinance. Monthly base fees will apply when the meter is active and ready for use,
regardless of consumption during this period. The meter will be read and billed on a monthly basis
and charged according to the established water rates as set by the city council. Irrigation meters
shall be locked by the city at the end of the irrigation season as determined by the city. Service shall
be restored by requesting utility service at the start of the irrigation season. In every case, title to the
reclaimed water meter, meter box and service connection lines shall remain with the city.
C. Billing and Payments. Monthly statements of charges for reclaimed water service shall be due
and payable at the office of the city clerk/treasurer or at such other place or places designated by
him/her on or before the fifteenth of the month and are deemed delinquent thereafter. Delinquent
accounts will be assessed a penalty as identified in the water ordinance. Statements shall cover
service charges for the period shown thereon and shall be forwarded by mail to the customer as
soon as practicable after each service period.
D. Nonpayment of Charges. Reclaimed water service terminated for nonpayment shall not be
restored to the nonpaying user until all delinquent charges, together with a service fee as identified
in the water ordinance for restoring services, are paid. (Ord. 988 g 1, 2014; Ord. 779 k 4, 2003; Ord.
720 g 1, 2000; Ord. 684 § 7, 1999).
13.24.080 Legal requirements.
A. Rules and Regulations. The city administrator is charged with administration and enforcement of
this chapter. Reclaimed water service to any premises served by the city reclaimed water system
may be discontinued for anyviolation or abridgement of the provisions of this chapter orthe user
agreement, after due notice thereof. In the event reclaimed water service is discontinued for failure
to complywith provisions of this chapter it shall remain terminated for the duration of such
noncompliance.
B. Inspection of Premises. Authorized employees of the public works department, property
identified, shall have free access at reasonable hours of the day, to all premises served by the city's
reuse system for the purpose of ascertaining conformity to this chapter, the Water Reclamation and
Reuse Standards and the city's NPDES permit.
C. Sprinkling During Fires Prohibited. It is unlawful for any person to knowingly use reclaimed water
for a lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or
disaster within the area served by the city's reclaimed water system.
D. Damaging or Interfering with Water System. It is unlawful for any person to wilfully disturb, break,
deface, or damage any reclaimed water fire hydrant, recta imed water meter, gate valve, water pipe
or other reclaimed waterworks appurtenance together with the buildings, grounds and
improvements thereon belonging to or connected with the reclaimed water system of the city in any
manner whatsoever, including all reclaimed water features located at Cochrane Memorial Park. It is
untawfuIf or any person to open, close, turn or interfere with, or attempt to, or to connect with any
reclaimed water fire hydrant, valve, or pipe belonging to the city unless authorized by the city in
writing; provided, that this rule shall not apply tome m be rs of the city department or such other fire
department duty authorized to operate fire hydrants white acting in such capacity.
It is unlawful for any person to throw refuse or any substance into any city reclaimed water
reservoir, feature or system orto throw any deleterious matter into or upon any part of the city's
reclaimed water treatment system, reclaimed water supply system or water reuse system,
including Cochrane Memorial Park.
E. Public. The use of reclaimed water by any person or entity in any manner in violation of this
chapter or of any user agreement issued hereunder is subject to prosecution for a misdemeanor.
F. Injunction. Whenever a discharge of wastes or use of reclaimed water is in violation or threatens
to cause a violation of this chapter, the city attorney may seek injunctive relief as maybe
appropriate to enjoin such discharge cruse.
G. User Agreement Revocation. In addition to any other statute or rule authorizing termination of
reclaimed water service, the city may revoke a reclaimed water user agreement issued hereunder if
a violation of any provision of this chapter is found to exist or if a discharge of wastes or use of
reclaimed water causes orthreatens to cause violation of this chapter.
H. Penalty. Any owner and/or operatorwho violates this chapter shall, for each day of violation, or
portion thereof, be subject to a fine not exceeding $1,000. In addition, reclaimed water and potable
water service to the property may be discontinued. (Ord. 720 § 1, 2000; Ord. 684 § 8, 1999).
1_6 2mp 090 All'uunu:xall.lioin requpuurr,intents,
A. Premises of t hyw ,,vRhirt fluor yelnrm l irtmn growth ares (t. GAS sh all niwex Lr. the City aa,, a (onrldnior9 c; f
outoititcdwa'terc, irynciion,a`,Iierriatety,PIeCity may r,IR.nttor,ofortand1rf,lluirr;
oxecutkim rNan agreerunont de so..rita1 d m subn,eTci km R oil this spoi ,poion.
1::o I linimism not min MI il' o CI PIIdiI kul of C"Ir11.11 I Yted vmtol so IIm i' nIa .J r �.I i' w9..b Ill �raf w¢!. i,InIi'yf
slrrll l � �r7A 119tl � "l9'�, I;Fl7ucxpl�u u!; wi�,lrr .0 nint �JtII ti';,r n IIuI !! r waI",II oI I,11"CI!..,,IN)
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1 Algdil ,,, lott fear, a; a„ 9abM.1,>Y`ned by the Orly Cnl.rnr,,;J1 1 n(islh�,, pitid upon t1he s ulriritiai, of n nigrnm.l
a0r„oiilunl 1"i3(.f ldv; ,C 191j; 1..?,I l'kll k"V fn{t\fv 0To,9 "wivice fol P,r( rnl,,H .Qti t ir^`)tIhu I�NY;
2 i1P,.c.cr>Laa thr,Ie.m.1�,,mirined vva9o;*Xc.xtcinsioitdY�lrunl dzebo,I,il- Il in w rioknit}t'tFFeyatuyrlIr,antfrrrr,IirIt
wrVlGea, S t ILjr, GI In any f drovfslo nn 1ri efto^II a LIto t1 n-oe of col"fI' ec,tIol7 foe tw e r7lrrier Ie�I9I11I 11:'seIlrn, I at
3, 'Me q,mement rimy not be executed p; IT jo the tm a taro rn atop plicafionos made fm apr)rovaof
thmprulm lorwhkh Wdes are ri,,,quesicd, The tatn"9saId agmemantshatt term Blair attire ta"ne
any pmjecl application or a lap rav a L exp I es ar is revoked fu; any reason, A new Hgfn,,enerll fa-
requUed for any Menslon of gamom appUcarhons w appmvNs of when W the opinion of die
nillecrtol ol '"'lubtic Seryces, a change or WNW A made to the pryect.
C. FoUcAng execuVon, such aMeemenU nuat be racmded by the CNy Ph the Win of We far suuywh
prr"riiisr"S on The remds of thief IM StOh County Aucfitw.