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HomeMy WebLinkAbout4309 SUMMARY OF ORDINANCE NO. ~.~O~ AN ORDINANCE relating to the Municipal water and sewer utilities; establishing regulations and administration for water and sewer systems; providing penalties for violations of utility regulations; and repealing Title 15 and Chapters 2.16 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal, New Chapter. Chapter 2.16 WASTEWATER FACILITY DEPARTMENT is hereby repealed and a new chapter 2.16 MUNICIPAL UTILITIES DEPARTMENT is adopted to read: MUNICIPAL UTILITIES DEPARTMENT 2.16.010 UTILITIES DEPARTMENT - PURPOSE. The purpose is to provide for the administration, planning, construction, operation, maintenance and repair of facilities for water and wastewater programs for City residents and surrounding areas served and shall be administed by the Utilities Director who shall be appointed by the Mayor and confirmed by Council. 2.16.020 AUTHORITY OF THE UTILITY. The Utility shall have the responsibility and authority to adopt, establish and enforce standards, rules and regulations pursuant to BMC Chapter 2.80; develop and implement comprehensive planning and establish and manage programs; recommend rates and charges; provide utiilty and contract services; and advise the Mayor, City Council and other City departments on matters relating to the utility systems. 2.16.030 OWNERSHIP OF UTILITY FACILITIES AND ASSETS. Title and ownership of assets shall be maintained as Utility Fund assets. Section 2. Repeal, New Title. Title 15, WATER AND SEWERS, is hereby repealed in its entirety and a new Title 15, MUNICIPAL UTILITIES, is enacted to read as follows: I. GENERAL PROVISIONS 15.01.010 MUNICIPAL UTILITY OPERATIONS. To regulate city Utility operations for utility service.to City residents and non- residents served and to provide revenue through fees and rates to support costs of operation, capitalization and debt service. 15.01.020 DEFINITIONS. This subsection provides for the definitions of terms used throughout this Ordinance. 15.01.030 UTILITY SERVICE AGREEMENT. Any person requesting utility service shall be required to make application, enter into 1 a Utility Service Agreement and pay all fees prior to connection to the utility system or activation of the account. 15.01.040 CONDITIONS OF SERVICE - RETAIL. Sets forth the conditions of providing utility service to customers. 15.01.050 CONDITION OF SERVICE - CONTRACT. The Utility may contract for sale of surplus water or collection and treatment of wastewater with other agencies through a wholesale contract. 15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance of false information in an application for utility service or adjument credits shall forfeit customer's rights to service or credits. 15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. Property owners within the Utility service area requiring utility service may petition the Utility to construct public system improvements, upon execution of a System Improvement Agreement. 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES. The subsequent connection to the system improvements by the property owner shall be subject to applicable fees. 15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. The Utility may enter into Agreements with property owners responsible for the installation of system improvements to provide reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time. 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The Utility shall develop and adopt System Development and Construction Standards for modification or improvement of its utility system. 15.01.110 UTILITY PERMIT REQUIRED. A utility permit shall be required for all projects, alterations, repairs or connections to the public utility system. II. WATER AND III. WASTEWATER 15.02.010 AND 15.03.010 PURPOSE. To establish availability, conditions of service, system improvement requirements and the operation and maintenance of the water and wastewater systems. 15.02.020 AND 15.03.020 COMPREHENSIVE PLAN. The Utility shall develop a water and a wastewater comprehensive plan. 15.02.030 AND 15.03.030 SERVICE AVAILABILITY. Water and wastewater service is considered available if the property is situated within the Utility service area and meets the requirements of the Utility. 2 15.02.040 AND 15.03.040 SERVICE BEYOND CITY LIMITS. Annexation to the City shall be a condition of receiving City utility service for any parcel of property outside existing City limits. 15.02.050 AND 15.03.070 WATER SYSTEMS/WASTEWATER CONSTRUCTION STANDARDS - GENERAL. All water mains, wastewater sewers and appurtenances shall be installed by the Utility or a contractor licensed per Utility standards and local, state, and federal regulations. 15.02.060 ABANDONMENT OF PRIVATE MAINS. Owners of premises adjacent to or within 250 feet of a new water main and served through a private main, shall make application for a new Utility Service Agreement. 15.02.070 PRIVATE PRESSURE ADJUSTMENT. The property owner may, at his expense, install a Utility-approved auxiliary storage .tank or pump to improve pressure because of low pressure or a pressure reducing valve in the case of high pressure. 15.02.080 HYDRANTS. Ail fire hydrants shall be installed by the Utility or a licensed contractor per Utility standards and subject to review by the local fire and Bremerton fire marshalls. 15.02.090 IRRIGATION AND FIRE SERVICE METERING. Ail irrigation and fire service lines shall have separate service lines and meters. 15.02.100 SERVICE CONNECTIONS. Ail service connections shall be installed by the Utility per Utility standards, at the owner's expense and shall have its own service line and meter and provided with a separate shut-off valve. 15.02.110 CONNECTION SIZE. Size of each water service and tap shall be in accordance with City Building and Fire Safety Code. 15.02.120 METERS. Ail meters shall be and remain the property of the Utility. 15.02.130 BACKFLOW AND CROSS-CONNECTION CONTROL. Service may be contingent upon installation of an approved backflow prevention device. 15.02.140 AND 15.03.140 WATER AND WASTEWATER SYSTEMS OPERATION AND MAINTENANCE - GENERAL. The Utility shall be responsible for the operation, maintenance and repair of the water and wastewaer systems under its jurisdiction. 15.02.150 AND 15.03.150 INTERRUPTION OF SERVICE - EMERGENCY. The Utility may control the availability or uses of water or restrict the use of the wastewater system in case of emergency. 15.02.160 AND 15.03.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Utility shall be responsible for the integrity, safety, and continuity of the water and wastewater systems. 15.02.170 CROSS-CONNECTION CONTROL INSPECTION. Testing and inspection of all cross-connection control devices within the system shall be required to prevent contamination. 15.02.180 METER OPERATION AND MAINTENANCE. The Utility shall be responsible for all domestic and commercial meters under its jurisdiction. 15.02.190 EXCESSIVE CONSUMPTION. The Director shall determine the size of the meter and pipe to prevent overloading the meter. 15.02.200 WASTE. Any person or owner receiving water service shall not waste water or allow it to be wasted. 15.02.210 AND 15.03.210 PROHIBITED ACTS. Violations of this section shall be punishable as misdemeanors. 15.03.050 SERVICE - MANDATED. Any premises within 200 feet of a public sewer where sewage originates shall be required to connect to the public wastewater system. 15.03.060 CONDITIONS OF SERVICE - BULK TRANSPORT. No person shall discharge materials from a mobile tank into the City wastewater system except at designated points. 15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by the Utility or by a licensed contractor per Utility standards. 15.03.090 CONNECTION OWNERSHIP. All connections from the wastewater main to the property line shall be and remain property of the Utility. 15.03.100 SAMPLING STATIONS. The property owner shall install and maintain a manhole in the side sewer to facilitate sampling of strengths and flows. 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment maybe required by the City if BOD exceeds standards. 15.03.120 BACKWATER VALVES. A backwater valves shall be required when necessary. 15.03.130 ABANDONMENT. The owner shall be required to expose and plug the side sewer at the property line when the property is demolished or abandoned. 4 15.03.170 REPAIR OF PRIVATE SYSTEMS. Obstructed or broken sewer system connection shall be repaired by the owner within five days after notification by Health Officer or Director. 15.03.180 EXCESSIVE DISCHARGE. The Director shall determine the size of the side sewer to prevent overloading due to excessive discharge. 15.03.190 WASTEWATER SYSTEM CLEANING. The Utility shall be notified of all side sewer cleaning prior to beginning such operations. 15.03.200 CHANGED SITE CONDITIONS. A new wastewater Utility Service or Development Agreement is required when an existing structure is removed and a new structure is constructed on the same property. VI. ASSESSMENTS, RATES, FEES AND CHARGES 15.06.010 PURPOSE. To establish assessment fees, utility rates and other service charges for connection or utilization of the Utility system, providing utility service, administration and maintenance of accounts and operation, maintenance, repair and improvements of the Utility system. 15.06.020 ASSESSMENTS. General facility, front footage and connection fees shall be collected on all new or expanded service connections. 15.06.030 RATES - WATER. A general water rate shall be assessed all users of the Utility water system. 15.06.040 RATES - WASTEWATER. A general wastewater rate shall be assessed of all users of the Utility wastewater system. 15.06.050 (RESERVED) 15.06.060 MISCELLANEOUS FEES AND CHARGES. The Utility shall set fees and charges to recover its administrative and operations expenses related to the services set forth herein. VII. UTILITY BILLING 15.07.010 PURPOSE. To provide establishment of a Utility billing and receipting system for the reimbursement of costs of providing utility service. 15.07.020 UTILITY SERVICE ACCOUNTS. The Utility shall create 5 a Utility Service account upon receipt of an executed agreement. 15.07.030 ACCOUNT MAINTENANCE. The Utility will activate or discontinue service upon payment of a service fee. 15.07.040 BILLING STATEMENT. The Utility shall regularly bill each Utility Service Account for all fees, rates and charges during the billing period. 15.07.050 BILLING AND DUPLICATE BILLINGS. Billing statements shall be mailed to the address requested by the property owner. 15.07.060 AUTOMATIC CASH TRANSFER. A property owner may direct automatic transfer of funds from a financial institution to the Utility for payment of utility service. 15.07.070 DESIGNATED AGENTS. Any property owner may designate an agent to receive billing and provide for account maintenance. 15.07.080 DELINQUENT ACCOUNTS. The Utility shall have the right to terminate service to the premises for which the account is delinquent. 15.07.090 LIENS. Any and all charges shall constitute a lien against the property served when the charges become delinquent and unpaid. 15.07.100 DEFERRED PAYMENT. A deferred payment may be extended to customers with delinquent accounts where the customer can demonstrate a temporary inability to make full payment. 15.07.110 ADJUSTMENTS. An adjustment may be requested in the event of excessive registration of the water meter caused by broken or leaking water service pipes. 15.07.120 METER FAILURE. The user shall be charged an estimated consumption in the event of a meter failing to register properly. 15.07.130 DISCONNECTION. No person or owner of any premises connected to the City's water supply system shall disconnect the water on said premises. VIII. APPEALS 15.08.010 APPEALS - UTILITY DEPARTMENT. A property owner, tenant or developer shall have the right to appeal matters dealing with utility accounting, billing and service termination. 15.08.020 APPEALS - MUNICIPAL COURT. Bremerton Municipal Court shall have jurisdiction to receive and rule on appeals from 6 customers. Section 3. Effective Date. This ordinance shall become effective ten (10) days from passage and publication or the end of the first full utility billing cycle after the passage of a resolution establishing utility rates and fees, whichever is later. A full copy of the text of this ordinance will be made available upon re~est at the City Clerk's office. APPROVED by the ~ity Council of the City of Bremerton this ~ day of ~ ~¢--'/L., , 1991. PASSED by th~City Council of the City of Bremerton this ~ day of ~~~ , 1991. LY~ HORTON, Council President APPROVED this ~ day of ~ ~ , 1991. LOUIS MENTOR, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City ~lerk EFFECTIVE DATE: PUBLICATION DATE: ~/-- ~' ~ f ORDINANCE NO. ~ AN ORDINANCE relating to the Municipal water and sewer utilities; establishing regulations and administration for water and sewer systems; providing penalties for violations of utility regulations; and repealing Title 15 and Chapters 2.16 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal, New Chapter. Chapter 2.16WASTEWATER FACILITY DEPARTMENT is hereby repealed and a new chapter 2.16 MUNICIPAL UTILITIES DEPARTMENT is adopted to read: MUNICIPAL UTILITIES DEPARTMENT 2.16.010 UTILITIES DEPARTMENT - PURPOSE. It is the purpose of the Utilities Department to provide for the administration, planning, construction, operation, maintenance, and repair of all necessary and desirable facilities for water and wastewater (sewage) programs for the residents within the City and such surrounding area as the City may serve. The Department shall be administered by the Utilities Director who shall be appointed by the Mayor subject to Council confirmation. 2.16.020 AUTHORITY OF THE UTILITY. The Utility, under the supervision of the Director, shall have the responsibility and authority to: (a) Adopt, establish and enforce standards, rules, and regulations specifically allowed by this Title, affecting the operation of the utility systems pursuant to rulemaking procedures of BMC Chapter 2.80. A copy of such standards, rules, and regulations shall be on file and available for public examination at the office of the Director. (b) Develop and implement comprehensive planning for each utility program within the Utilities Department and establish and manage programs to achieve the plan objectives as approved by the Mayor and adopted by City Council. 1 (c) Recommend rates and charges in such a manner as to ensure the Utilities cost of service is fully recovered. (d) Provide utility and contract services consistent with the objectives of the Utilities Department and of the City. (e) Administer and enforce this Code and any standards, rules, or procedures adopted hereunder relating to the administration, design, construction, operation, and maintenance of the utility systems. (f) Advise the Mayor, City Council, and other City departments on matters relating to the utility systems. 2.16.030 OWNERSHIP OF UTILITY FACILITIES AND ASSETS. Title and all other incidents of ownership of assets purchased or otherwise transferred to the City for utility purposes shall be maintained as Utility Fund assets. Section 2. Repeal, New Title. Title 15, WATER AND SEWERS, is hereby repealed in its entirety and a new Title 15, MUNICIPAL UTILITIES, is enacted to read as follows: I. GENERAL PROVISIONS 15.01.010 MUNICIPAL UTILITY OPERATIONS. It is the purpose of this Title to regulate City Utility operations so as to provide continued safe and reliable utility service to the residents of the City of Bremerton and to those non-residents the City agrees to serve. It is the City's policy to provide sufficient revenue from those served through the fees and 2 rates of this Title to support the costs of operation, capitalization and debt service of the municipal utilities. Municipal utilities shall include water and wastewater systems, and those operations related to the efficient administration of these systems and their assets. 15.01.020 DEFINITIONS. The terms used in Title 15 shall mean the following, except where the context otherwise requires: (a)(1) "Average daily" shall mean the total quantity divided by the number of days of waste discharge or water use by the typical user in a user class. (b)(1) "Backflow" shall mean the flow other than in the intended direction of flow of water or any foreign liquids, gases, or substances into the distribution system of the public water supply. (2) "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. (3) "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees centigrade. (c)(1) "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including but not limited to the costs of direct construction, engineering, financing, legal fees, land, right-of-way, debt service, and other costs associated with such improvements. (2) "C.F." shall mean cubic feet of measure. (3) "Combined Sewer" shall mean a sewer intended to convey sanitary sewage, 3 industrial wastes, and storm and surface water. (4) "Commercial unit" shall mean a parcel of property which is developed for nonresidential .purposes. (5) "Connection fee" shall mean charges made for connection to the utility system. The connection fee will include the costs of tapping the main or sewer, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. (6) "Construction charge and special fees" shall mean those charges made by the Utility to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. (7) "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. (8) "Cross Connection" shall mean any physical arrangement 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 waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. (d)(1) "Director" shall mean the Director of Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this Code. (e)(1) "Equivalent residential unit" (ERU) shall mean the flow or flow characteristics of a nonresidential utility customer whose utility service needs are based on the approximate conditions of a single family residential unit. One family residential unit (ERU) which is considered to be equivalent to 2200 square feet of floor space. (2) "Extended line" shall mean a privately financed utility water or sanitary sewer main constructed with the written approval of the Utility. (f)(1) "Front footage" shall mean the linear distance abutting the common frontage of a parcel to the public right-of-way. (g)(1) "General facilities fee" (GFF) shall mean the charge established to reflect the proportionate cost share for existing source, treatment, transmission, interception, and storage facilities that will be paid by new customers to the City utility. (2) "Gravity line" shall mean a sanitary sewer conveying flow to a point of collection without pumping. (h)(1) "H.C.F." shall mean hundred cubic feet of measure. (2) "Health officer" shall mean the Bremerton/Kitsap County Health Department's Health Officer. (i)(1) "Industrial user" shall mean a business or other nonresidential property having a wastewater discharge in which the sum of BOD and TSS strength is between 1,200 and 1,800 milligrams per liter. (2) "Infiltration" shall mean groundwater entering the sanitary sewer through open pipe joints, cracks in manhole walls, and cracked pipe. (3) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. (1)(1) "Lateral sewer" shall mean a sanitary sewer not less than six inches in diameter, constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way line in accordance with current Utility standards. (m)(1) "Mainline sewer" (see trunk sewer). (2) "Multi-family units" shall mean a parcel of property which has been legally developed with more than two residential living units. (o)(1) "0 & M Costs" (operation and maintenance) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. (2) "Occupied property" shall mean real property on which a structure exists that is being served by an existing or temporary utility facility. (p)(1) "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. (2) "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping to a point of collection. (3) "Pretreatment" shall mean any physical, chemical, or biological process to remove, neutralize, or modify one or more constituents of a waste stream prior to discharge 6 into the public sewers. (r)(1) "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Utility for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system. (s)(1) "Sanitary sewer" shall mean only those portions of the Utility System which are designated by the Director to carry, transport, or dispose of waste matter not constituting storm or surface water permitted by or under this Code to enter the Sewer System. (2) "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. (3) "Sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wasteWater" except that wastewater may also contain liquid wastes discharged from industrial operations or processes. (4) "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. (5) "Standard construction costs" shall mean the total cost of installation of a trunk sewer, a lateral sewer, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service meeting the minimum size and installation requirements of the utility for the intended service. (6) "Standard sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines identified by the Director as a waterfront or pressure sewer line. (7) "Standard water main" shall mean a water distribution line not less than eight inches in diameter and constructed in accordance with current Utility standards. (8) "Standard sanitary sewer" shall mean a sanitary trunk sewer not less than eight inches in diameter and constructed in accordance with current Utility standards. (t)(1) "TSS" (denoting total suspended solids) shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. (u)(1) "Undeveloped parcels" shall mean any parcel of real property that has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. (2) "Unoccupied parcel" shall mean real property on which no structure requiring utility service exists. (3) "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. (4) "User parcel" shall mean any parcel of land within the Utility to which water or sewer service is currently provided or to which a charge is imposed therefore, or any other of land with any significant man-made impervious surface. (5) "Utility" shall mean the department administering the water and wastewater utilities of the City. (v)(1) "Verified strength user" shall mean any user whose wastewater exceeds the strength limits of the industrial user class or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (w)(1) "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage". (2) "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sanitary sewage, including sludge utilization. (3) "Water system" shall mean all facilities for treatment, transmission and distribution of water. 15.01.030 UTILITY SERVICE AGREEMENT. Each customer of the Utility and any person requesting utility service from the Utility for water and wastewater shall be required to make application and enter into a Utility Service Agreement. Agreements shall be executed prior to connection to the utility system or activation of the account. The Agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The Agreement shall be signed by the owner of the property or his designated agent and shall be filed with the office of the Bremerton Municipal Utilities. The applicant shall pay all fees for installation of the utility service as herein provided at the time of filing. The Agreement for service shall constitute a contract between the Applicant and the 9 Utility in which the applicant agrees to pay for service provided at the rate and in the manner specified. The Agreement shall be effective at the time it is signed by the Director of Utilities or his designee and charges for service to the premises shall be assessed from date of connection. Estimated fees, assessments, and conditions quoted by the Utility in writing for utility service shall become invalid after one hundred eighty (180) days from the date of the estimate unless the applicant enters into a Utility Service Agreement with the Utility prior to that time. 15.01.040 CONDITIONS OF SERVICE -RETAIL. (a) Access. The Utility shall, as a condition of providing utility service, be granted the authority by the property owner to make reasonable periodic inspections of the service connection and related appurtenances. Such inspections may be by the Utility or other appropriate agency to enforce any of the provisions of local, state, or federal laws, or any regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a breach of the Agreement, and shall entitle the Utility to charge fees and enforce penalties or discontinue the service after notice as set forth in § 15.07.080for delinquent accounts. (b) Interruption/Failure of Service. The Utility reserves the right to temporarily discontinue service at any time without notice to the consumer and the City shall not be liable for damages for such interruption or failure nor be held in breach of contract. It shall further be provided that the Utility shall not be held responsible for any 10 damages resulting from defective plumbing or appliances on the premises, and the fact that the agents of the Utility or City have inspected the plumbing and appliances shall not constitute a basis of recovery. Damages to premises resulting from the utility system having been interrupted or failed shall not constitute a breach of contract on the part of the Utility or in any way relieve the consumer from performing the obligations of his contract. 15.01.050 CONDITION OF SERVICE - CONTRACT. The Utility may contract for sale of surplus water or collection and treatment of wastewater with other districts or other public agencies providing utility service. Such services shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the Utility and approved by the City Council. 15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance to the Utility of false information in an application for a utility service or adjustment credits shall forfeit the customer's rights to service or credits, and the customer, in the case of a credit adjustment, shall be required to reimburse the amount of the credit received where based upon such false information. 15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. A property owner or owners of any specified area situated within the Utility service area requiring utility service may petition the Utility to construct public system improvements. The Utility shall review the petition, and, subject to the Utility Comprehensive Plan, engineering and economic feasibility, and at the Utility's option, construct the improvements upon execution of a System Improvement Agreement between the owner and the Utility specifying the improvements. The estimated costs for said improvements shall be paid in 11 full upon execution of the agreement. When completed and accepted by the Utility in writing, the improvements shall become part of the Utility's system and shall be conveyed by Bill of Sale prior to service. If 60% or more of the property owners of a specified area situated within the Utility service area petition the Utility to construct public system improvements, the Utility may construct said improvements upon execution of a System Improvement Agreement between the property owners and the Utility specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual cost for the improvements may be paid in full or in monthly installments plus interest at a rate set in the System Improvement Agreement with 20% of the cost due prior to installation and the balance together with interest due within thirty-six (36) months of the date from the completion and Utility acceptance of the improvement. Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees and general facility fees. The Utility may construct the improvements, on behalf of the property owners, utilizing Utility staff, negotiated contracts, or competitive bids subject to State statutes governing utility construction. Property owners or developers of plats or developments shall have the option of installing the plat's interior utility system and connection to the Public Utilities system at their expense, subject to Utility Development and Construction Standards. The owner or developer shall pay the current front footage charge in those cases where the plat or development fronts a Utility-installed main or according to the conditions of any existing 12 reimbursement agreement for any main installed through a System Improvement Agreement. 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS -FEES. The subsequent connection to the system improvements by the property owner shall be subject to applicable fees for service to include general facility fees, connection fees, and any other applicable fees established under this Title. 15.01.090 DEVELOPER SYSTEM IMPROVEMENTS REIMBURSEMENT. The Utility may enter into Agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time (latecomers). Requests for reimbursement shall be made in writing prior to drafting the System Improvement Agreement and specific provisions of recovery shall be included in the Agreement. The Utility shall determine the area that is subject to the cost recovery and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the System Improvement Agreement. Reimbursement from each benefiting property owner shall be determined by the Utility as stipulated in the System Improvement Agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the Utility. Reimbursement to the property owner constructing the improvement shall be limited to ten (10) years from the date of acceptance of the improvement. The Utility shall retain 15 percent of the cost recovery payments for maintaining records and administration of the 13 program and forward the remainder of the payment to the property owner who originally constructed the water system improvement. 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The Utility shall develop and adopt System Development and Construction Standards for modification or improvement of its utility system. The standards shall be developed and established through the City's rule-making process under BMC 2.80 and shall meet the requirements of federal, state and local agencies having jurisdiction over the operations and development of the Utility. 15.01.110 UTILITY PERMIT REQUIRED. A utility permit shall be required by the Utility for all projects, alterations, repairs or connections to the public utility system. These activities include, but are not limited to, activities associated with the installation of new utility systems to be constructed by others and conveyed to the Utility under the terms of a Utility System Improvement Agreement; the opening, alteration, repair, or replacement of the public utility system; the connection to the public utility system; and the abandonment or disconnection from the public utility system. The entering into a Utility System Improvement Agreement with the Utility shall not relieve the Agreement holder of the responsibility for obtaining such other permits and licenses as may be required by the Utility, City, County or other districts in whose jurisdictions the improvements/repairs are made. The permits shall be available from the Utility with fees established by the Utility Fee and Rate Schedule. 14 II. WATER 15.02.010 PURPOSE. The ordinances codified in this section establish availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system. 15.02.020 COMPREHENSIVE PLAN. A water system comprehensive plan shall be developed by the Utility as required by W.A.C.248-54-065. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director of Utilities. 15.02.030 SERVICE AVAILABILITY. Water service is considered available if the property is situated within the Utility service area defined in the City of Bremerton Comprehensive Plan and is adjacent to the distribution system, and further provided that: (a) The water supply system has the capacity and facilities to accommodate the additional demand, or the property is part of a water system Local Improvement District (LID) or Utility Local Improvement District (ULID) and has been assessed for water improvements. (b) The connection is consistent with the Utility's Comprehensive Plan. (c) The connection is approved and permitted by the Utility. (d) The connection is in compliance with applicable federal, state, and local rules, regulations and codes. Any customer or potential customer within the Utility's service area and not adjacent to the Utility distribution system may be connected to the water system subject to meeting the above requirements and establishing a Local Improvement District (LID), Utility Local Improvement District (ULID) or entering into a System Improvement Agreement with the 15 Utility for system extension and/or improvements of the water system for service to the premises. 15.02.040 SERVICE BEYOND CITY LIMITS. Any parcel of property that is outside existing City limits must support annexation to the City as a condition of receiving City utility service. Property that is outside existing City limits shall be permitted utility service only upon entering into an agreement with the City providing for: (a) Annexation at such time as the City may deem appropriate; (b) Consistent with any proposed extraterritorial comprehensive Land Use Plan and development standards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City street subdivision standards for new development. 15.02.050 WATER SYSTEMS/CONSTRUCTION STANDARDS - GENERAL. All water mains and appurtenances shall be installed by the Utility or a contractor licensed in accordance with the provisions of this Chapter in compliance with the System Development and Construction Standards, and local, state and federal regulations. All water distribution facilities extensions shall be installed along the entire frontage of the premises on plat to be served. All water distribution main extensions shall be installed along the entire frontage of the premises or plat to be served. The Utility may, at its option, require installation of water mains larger than the minimum sizes specified in the System Utilities Development and Construction Standards to provide for adequate future capacity within the water system. The Utility is authorized to enter into cost sharing agreements to contribute to the cost for larger mains or other 16 improvements based upon the comprehensive plan. 15.02.060 ABANDONMENT OF PRIVATE MAINS. Upon completion of a new main, owners of premises adjacent to or within 250 feet of the main, who are being supplied with Utility water service through a private main or connection to a private service, shall make application for a new Utility Service Agreement and shall connect with a separate service connection. Service to the private main shall be discontinued ninety (90) days following completion of the new main. 15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an elevation that it cannot be assured of adequate pressure, the owner may, at his expense, install an auxiliary storage tank or pump to furnish auxiliary supply pressure. The auxiliary system shall be approved by the Utility. The Utility approval shall be based on the protection of the safety and integrity of the utilities system and not on the adequacy of the private systems design for its intended use. The auxiliary system shall remain the property of the property owner, who will be solely responsible for its maintenance and operation. In the event local conditions result in high pressure (exceeding 80 psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall remain the property of the property owner who will be solely responsible for its maintenance and operation. 15.02.080 HYDRANTS. All fire hydrants shall be installed by the Utility or a licensed contractor in compliance with the System Development and Construction Standards. 1'7 Location and configuration shall be reviewed by the local fire marshall and Bremerton fire marshall. All fire hydrants situated on private property for public use and to be maintained by the Utility will require the dedication of an easement to the Utility prior to acceptance by the Utility. All fire hydrants located on private property for private use shall be connected to the metered system. Such hydrants shall not be maintained by the Utility and shall be the sole responsibility of the property owner. 15.02.090 IRRIGATION AND FIRE SERVICE METERING. All irrigation and fire service lines shall have separate service lines and separate meters, if applicable. In no case shall subtraction-type meters be installed or used for calculation of water or sewer rates. All new and existing automatic or manual fire sprinkler (wet and combination stand- pipe) systems used for fire protection shall be metered at the expense of the owner. Failure to make application for and payment of all fees for the installation of a meter on nonmetered fire lines within ninety (90) days of notification shall be cause for the discontinuance of water service to the fire protection system. 15.02.100 SERVICE CONNECTIONS. All service connections shall be installed by the Utility in accordance with the System Development and Construction Standards. The service connections shall be extended at right angles from the main to a point adjacent to the property line and within the public right-of-way and shall be maintained by and kept within the exclusive control of the Utility. Each service connection shall have its own service line and meter. Installation shall be at the expense of the property owner. Whenever an applicant requests and receives water service to a premises that does 18 not front a main, a main shall be installed as a prerequisite to connect to the Utility system. To service property which does not abut on a public right-of-way in which there is a water main, the Utility may install a connection to the main. This connection shall be perpendicular to the main to the right-of-way line, and permit connection therewith by the owner at the property owner's expense. Every parcel under separate ownership connected to the Utility system shall be required to install a separate service connection to the City main, and the premises so supplied will not be allowed to supply water to any other premises. However, these restrictions shall not apply to existing services unless, in the judgment of the Director, such existing connection should be discontinued for the good of the Utility or to settle disputes. When a parcel of land having one or more residences or structures that are served by one water meter are subdivided, the installation of a new water service(s) will be required. The expense for installation of the new service will be to the owner that subdivided the property, and application for service will be filed prior to the approval of subdivision. In new and pre-existing service connections where one service serves more than one premises, each and every building or trailer, when connected to one meter, must be provided with a separate shut-off valve. Shut-off valves shall be located so that each may be closed without disrupting service to the remaining units. Each separate service not already equipped with a shut-off valve as provided herein must install shut-off valves, at the owner's expense within 90 days of notice of defect. Failure to provide such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient reason to deny any 19 adjustment in the water bill in the event of leakage due to these causes. The Utility may require or allow additional service connections when such additional service connections are in the best interest of the utility. 15.02.110 CONNECTION SIZE. The size of each water service and tap shall be determined in accordance with City Building and Fire Safety Code. 15.02.120 METERS. All meters shall be and remain the property of the Utility and will not be removed unless the use of water on the premises is discontinued or abandoned. 15.02.130 BACKFLOW AND CROSS-CONNECTION CONTROL. Service from the Utility water supply may be contingent upon the installation of a backflow prevention device approved by the Director of Utilities for the protection of the water supply from backflow. Any contractor constructing water system improvements or connections to the water system shall be required to post at all times during the performance of the work and until the completion thereof, the Utility Service Agreement and other permits as required under the terms of this Title or other local, state or federal regulations at or near the work area. 15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Utility shall be responsible for the operation, maintenance and repair of the water system under its jurisdiction and located within the public right-of-way, dedicated utility easements and utility-owned property. The Utility shall not be responsible for servicing private systems beyond its meters, or for public systems purchasing water under a wholesale contract unless otherwise agreed. When maintenance, repair, or replacement of publicly-owned facilities is required due 20 to user activity resulting in unsafe, nonconforming or unauthorized conditions as set forth in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, inspection, and any other costs incurred to the City as a result of such activities. 15.02.150 INTERRUPTION OF SERVICE EMERGENCIES. The Utility may control the availability or uses of water during emergencies which disrupts or endangers the operation of the water system or for the purpose of making repairs or extensions. If there is sufficient time, the Utility will provide notice of such emergency in the daily newspapers setting forth restrictions on the use of water as may be deemed necessary or announcing limited availability. Such restrictions may include, but not be limited to, hours during which sprinkling for lawn or garden irrigation may 'be done. Restrictions shall remain in effect until modified or cancelled by published notice. 15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Utility shall be responsible for the integrity, safety, and continuity of the water system. As a condition of the Utility Service Agreement the property owner shall grant the Utility the authority to make inspections at any reasonable time if the Utility or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director of Utilities or his designee may enter onto such property to inspect the condition or to perform any duties imposed upon the Utility by this Title provided the Utility shall first make reasonable efforts to contact the owner or person responsible for such property. 21 The City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to securing property owner correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this Title, and regulations and procedures adopted hereunder. Expenses incurred by the Utility in abating such condition shall constitute a civil debt to the City. 15.02.170 CROSS-CONNECTION CONTROL INSPECTION. The Utility shall require the testing and inspection of all cross-connection control devices within its system in order to prevent contamination of the public water system. The Utility shall annually notify all property owners of this requirement. It shall be the responsibility of the property owner to provide for testing and inspection by a Washington State-certified cross-connection control specialist and to submit to the Utility a written report on the form provided of satisfactory completion of the testing and inspection. The Utility, at its option, may inspect and test cross-connection control devices, subject to a service fee. The installation and maintenance of a cross-connection device,that willendanger the water quality of the domestic water supply of the Utility is prohibited. Any cross-connection now in existence or hereafter discovered or installed shall be declared a nuisance and shall be abated. The control or elimination of cross-connections shall be in accordance with W.A.C.248-54-285. Water service shall be discontinued to any premises for failure to comply with the provisions of this portion of the Code. 22 15.02.180 METER OPERATION AND MAINTENANCE. The Utility shall be responsible for all domestic and commercial meters under its jurisdiction. Where the accuracy of the reading of a water meter is questioned, the meter shall be removed at the customer's request and shall in his presence, if requested, be tested. A written test report will be made. If the test discloses an error against the user of more than three (3) percent in the meter's registry, the excess of the consumption on the three previous readings shall be credited to the user's meter account and the Utility will bear the entire cost of the test, and the deposit required as prescribed herein shall be returned. In the event that the meter is found to be under registering or no error is found, the person requesting the test shall pay the cost of such test. 15.02.190 EXCESSIVE CONSUMPTION. When excessive consumption periodically overloads the capacity of a meter supplying service to any premise, the Director shall determine the size of the service pipe from the main and the size of the meter necessary to give proper service without damage to the meter and shall notify the owner of the requirement for replacement. The replacement of service connection shall be at the expense of the owner. Failure on the part of the owner to comply with the requirement within thirty (30) days shall be cause for the termination of water service until such requirement has been met. 15.02.200 WASTE. Any person or owner receiving water service shall not waste water, or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use the water for purposes other than those named in the application. Violation shall constitute grounds for the discontinuation of water service. 23 15.02.210 PROHIBITED ACTS. Violations of this section shall be punishable as misdemeanors, unless otherwise indicated. (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Utility, to disturb, repair, interfere with, or damage any water main, pipe, machinery, tools, meters, hydrant, or any building, improvement or other appurtenances belonging to, connected with, or under the control of the Utility. (b) Unlawful Contamination. It shall be unlawful for any person to contaminate, bathe in or fish in any water supply of the Utility. (c) Water Use During Emergency. It shall be unlawful for any person receiving water from the Utility to knowingly use water for lawn or garden sprinkling and irrigation purposes on any premises during the progress of a fire or any other emergency condition after notice of such restriction. (d) Obstructing Meter or Hydrant. It shall be unlawful for any person to obstruct the access to any meter or hydrant by placing around or thereon any stones, bricks, lumber, dirt, or other materials; parking or standing vehicles, constructing fences, planting shrubs or any other obstruction within five (5) feet of any meter or hydrant. Violations shall be punishable as a civil infraction. (e) Connection to Unauthorized System. It shall be unlawful to connect the utility water supply to any premises or use not authorized through a service application. (f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain on City properties posted as closed watershed lands without authorization by the Mayor or the Utility Director. Violations shall be punishable as a gross misdemeanor. 24 III. WASTEWATER 15.03.010 PURPOSE. The ordinances codified in this section establish availability, conditions of service, system improvement requirements and the operation, and maintenance of the wastewater system. 15.03.020 COMPREHENSIVE PLAN. A wastewater system comprehensive plan shall be developed by the Utility in accordance with W.A.C. 173-240-050. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director of Utilities. 15.03.030 SERVICE AVAILABILITY. Wastewater service is considered available if the property is situated within the Utility service area defined in the City of Bremerton Comprehensive Plan and is adjacent to the collection system, and further provided that: (a) The treatment and collection system has the capacity and facilities to accommodate the additional flow, or the property which is part of a Wastewater Local Improvement District (LID) or Utility Local Improvement District (ULID) and has been assessed for sewer improvements. (b) The connection is consistent with the Utility's Comprehensive Plan. (c) The connection is approved and permitted by the Utility. (d) The connection is in compliance with applicable federal, state, and local rules, regulations and codes. Any premises within the Utility's service area and not adjacent to the Utility collection system may be connected to the wastewater system subject to meeting the above requirements and the establishment of a Local Improvement District (LID) or Utility Local 25 Improvement District (ULID) or entering into a System Improvement Agreement with the Utility for system extension or improvements of the wastewater system for service to the premises. 15.03.040 SERVICE BEYOND CITY LIMITS. Any parcel of property that is outside existing City limits must support annexation to the City as a condition of receiving City utility service. Property that is outside existing City limits shall be permitted utility service only upon entering into an agreement with the City providing for: (a) Annexation at such time as the City may deem appropriate; (b) Consistent with any proposed extraterritorial comprehensive Land Use Plan and development standards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City street and subdivision standards. 15.03.050 SERVICE -MANDATED. Any premises within two hundred feet of a public sewer where sewage originates and where the Health Officer has determined that a wastewater service connection is required in order to protect public health and safety shall be required to connect to the public wastewater system. The Health Officer shall serve the owner with a written notice requiring the connection. A copy of such notice shall be provided to the Utility. Such connection shall be made within sixty (60) days from the notice date. Where connection to public wastewater system is required, the connection shall be made in accordance with the Utility Construction Standards. Whenever connection to the Utility wastewater system is required, the property owner shall be required to remove any 26 connections to cesspools, septic tanks, or other on-site wastewater disposal facilities and install a direct connection to the Utility wastewater system. All abandoned facilities shall be back-filled by the property owner as required by the Health Officer within thirty (30) days from the time of connection to the public wastewater system or sooner if such facility constitutes a health hazard or public nuisance. The Utility is authorized and directed to begin billing and collecting at the time of connection for all wastewater system service charges or sixty (60) days after written notice is served by the Health Officer, whether or not the owner has completed connection to the public wastewater system. If the owner fails, neglects, or refuses to connect the property, building, or premises to the wastewater system within the time specified by the notice, the Utility may make such connection. The cost of the connection shall be assessed against the property and shall become a lien. The City is authorized, empowered, and directed to collect the cost of the connection by either foreclosure of the lien or by a suit against the owner. 15.03.060 CONDITIONS OF SERVICE - BULK TRANSPORT. No person shall discharge materials from a mobile tank into the City wastewater system except at points designated by the Utilities Director. Discharge of materials transported from sources outside the Utility Service Area, and from commercial or industrial sources wherever located, may be prohibited at the discretion of the Director. Prior to discharge of materials from a mobile tank, a Utilities Department manifest shall be completed and submitted to the Bremerton Wastewater Treatment Plant, 1600 Oyster Bay, Bremerton, Washington 98312, identifying source, quantity, and nature of the 27 materials to be discharged. A charge shall be made pursuant to the Utility Rate Schedule established for mobile tank discharge. This charge may include, but not be limited to discharges containing sewage from septic tanks, cesspools, chemical toilets, or similar sewage receptacles. 15.03.070 WASTEWATER CONSTRUCTION STANDARDS- GENERAL. All wastewater sewers and appurtenances shall be installed by the Utility or a contractor licensed in accordance with the provisions of this Chapter in compliance with the System Development and Construction Standards, and local, state and federal regulations. All sanitary sewer extensions shall be installed along the entire frontage of the premises or plat to be served. The Utility may, at its option, require installation of sanitary sewers larger than the minimum sizes specified in the System Development and Construction Standards to provide for adequate capacity within the wastewater system. The Utility is authorized to enter into cost sharing agreements to contribute to the cost for larger sanitary sewers or other improvements based upon the comprehensive plan. Upon completion of a new sanitary sewer, owners of premises adjacent to or within 200 feet who are being supplied with Utility wastewater services through a private sewer or connection to a private service shall make application for a new Utility Service Agreement and shall connect up with a separate service connection to the new sanitary sewer. Service from private system shall be discontinued ninety (90) days following completion of the new main. 15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by the Utility or by a contractor licensed in accordance with the provisions of this Chapter in 28 compliance with the System Development and Construction Standards. The service connections shall be extended at right angles from the sanitary sewer to a point adjacent to the property line and within the public right-of-way and shall be maintained by and kept within the exclusive control of the Utility. Whenever an applicant requests wastewater service to a premises with no fronting main, a standard main shall be required to be installed as a prerequisite to connection to the Utility system. Every parcel under separate ownership connected to the Utility system shall be required to install a separate service connection to the Utility facilities, and the premises so supplied will not be allowed to provide service to any other premises. However, these restrictions shall not apply to existing connections unless, in the judgment of the Director, such existing connection should be discontinued for the good of the Utility or to settle disputes. When a parcel of land having one or more residences or structures that are served by one connection is subdivided, the installation of new connections may be required. The application for service will be filed prior to the approval of the subdivision. 15.03.090 CONNECTION OWNERSHIP. All connection from the wastewater main to the property line shall be and remain the property of the Utility and will not be removed unless service to the premises is discontinued or abandoned. Connections shall not be removed or in any way disturbed except by a representative of the Utility and/or as approved by the Utility. 15.03.100 SAMPLING STATIONS. When required by the Utility, the property owner shall install and maintain at their expense a manhole in the side sewer to facilitate 29 observation, sampling, and measurement of the wastewater strengths and flows. The manhole shall be located as approved by the Utility and constructed in accordance with the System Development and Construction Standards. 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be required by the City if the Biochemical Oxygen Demand (BOD) of the sewage, industrial waste, or wastewater exceeds two hundred fifty parts per million by weight, or contains prohibited discharges as defined herein, or exceeds other applicable standards or regulations. Such preliminary treatment facilities shall be approved by the Utility and constructed, operated, and maintained by the owner at the owner's expense. 15.03.120 BACKWATER VALVES. When a premise discharges wastewater into a force main or pressure main or wherever a situation exists involving an unusual danger of backflow, a backwater valve shall be required and shall be installed in a manner accessible for maintenance. The effective operation of the backwater valve shall be the sole responsibility of the owner connecting to the wastewater system. The installation shall meet the requirements of the System Development and Construction Standards. 15.03.130 ABANDONMENT. When a property owner demolishes or removes a building which was connected to the wastewater system, the owner shall be required to expose and plug the side sewer at the property line in accordance with the Utility Development and Construction Standards. 15.03.140 WASTEWATER SYSTEM OPERATION AND MAINTENANCE GENERAL. The Utility shall be responsible for the operation, maintenance and repair of the wastewater system and appurtenances under its jurisdiction and located within the public 30 right-of-way, dedicated utility easements and City owned property. The Utility shall not be responsible for servicing private systems beyond the fight-of-way, except as provided in this chapter. When maintenance, repair, or replacement of publicly-owned facilities is required due to user activity resulting in unsafe, nonconforming or unauthorized conditions as set forth in this Section, the responsible party shall be liable for all costs of repairs, replacement and inspection, and any other costs incurred to the City as a result of such activities. 15.03.150 INTERRUPTION OF SERVICE -EMERGENCY. The Utility may restrict the use of the system through regulation or control of the use whenever an emergency exists affecting the wastewater collection and treatment system, or for the purpose of making repairs, extensions, or any other necessary work. If time allows, the Utility will provide notice of such emergency in the daily newspapers setting forth any limitations on the use of the system that may be deemed necessary for public health and safety. The Utility shall not be held responsible for any damage to private property resulting from interruption, failure of the wastewater system, or failure of the property owner to comply with the provisions of this Code. 15.03.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Utility shall be responsible for the integrity, safety, and continuity of the wastewater system. As a condition of the Utility Service or Development Agreement the property owner shall grant the Utility the authority to make inspections at any reasonable time if the Utility or other appropriate agency has reasonable cause to 31 believe there exists on premises a nonconforming, unauthorized, Or unsafe condition or to verify no such condition exists. The Director of Utilities or his designee may enter onto such property to inspect the condition or to perform any duties imposed upon the Utility by this Code provided the Utility shall first make reasonable efforts to contact the owner or person responsible for such property. The Utility shall have recourse to every remedy provided by law to secure entry and abate the conditions. Such remedies may include, but not be limited to securing property owner corrections; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this Title and regulations and procedures adopted hereunder. Expenses incurred by the Utility in abating such condition shall constitute a civil debt to the City. 15.03.170 REPAIR OF PRIVATE SYSTEMS. Whenever any private wastewater system connected with the public wastewater system becomes obstructed, broken, or in disrepair the owner shall make all repairs within five (5) days after notification by the Health Officer or Director. If the owner fails to make repairs within the five-day period, the Utility may abate the condition. When two or more houses or buildings are connected to the same private sewer, the owners shall be jointly and severally liable for work done by the Utility. If the work done in pursuant to a granted permit as herein above described, is not constructed and completed in accordance with the provisions of this Code and the plans and specifications as approved by the Director, and if the contractor or person doing the work 32 shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the owner of the property, for whom the work is being done, as herein provided. The Director shall cause such work to be completed and the wastewater system connected in the proper manner, and the full cost of such work and any materials necessary therefore, shall be collected from the owner. 15.03.180 EXCESSIVE DISCHARGE. When excessive discharge periodically overloads the capacity of the side sewer supplying service to any premises, the Director shall determine the size of the side sewer from the main necessary to give proper service without damage to the system and notify the owner of the required change in the size of the side sewer installation. The replacement of the side sewer shall be at the expense of the owner. Failure on the part of the owner to comply with the request within thirty (30) days shall be cause for the termination of wastewater service until such change has been made. 15.03.190 WASTEWATER SYSTEM CLEANING. All side sewer cleaning contractors and/or plumbers and owners, engaged in cleaning existing side sewers (as distinguished from plumbing and septic tank facilities) shall notify the Utility prior to beginning such operations. 15.03.200 CHANGED SITE CONDITIONS. When an existing structure is removed and a new structure is constructed on the same property, a new wastewater Utility Service or Development Agreement is required. Any existing side sewer that does not meet the current standards and requirements shall be replaced as directed by the Utility. 15.03.210 PROHIBITED ACTS. Violations of this section shall be punishable as misdemeanors unless otherwise indicated. 33 (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Utility, to disturb, interfere with, or damage any wastewater facilities, including pipe, machinery, or tools, or buildings, improvements, or other appurtenances belonging to, connected with, or under the jurisdiction of the Utility. (b) Prohibited Discharges. It shall be unlawful for any person to deposit in any manhole, lamphole, flush tank, sewer opening, drain, ditch, or natural water course: (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer, drain, ditch, or natural water course. (2) Discharges containing toxic, poisonous, or flammable solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage collection or treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plants. (3) Any strong acid waste, strong alkaline waste or other waste with corrosive properties capable of causing damage or hazard to the structures, equipment, or personnel of the City. (4) Any waste that contains more than one hundred parts per million by weight of fat, oil, or grease. (5) Overflows from unpolluted water storage facilities. ~6) Clear water from refrigeration, reverse-cycle heat pumps, and cooling 34 or air-conditioning equipment installed hereafter, except for the periodic draining and cleaning. (7) Steam exhaust or blow-off, or any heated water until the temperature thereof has been reduced to less than 100 degrees Fahrenheit. (8) Waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials in the sewer system or at the wastewater treatment plant. (9) Any obnoxious or malodorous gas or substance capable of creating a public nuisance. (10) Any septic tank wastes. IV. (15.04 - RESERVED) V. (15.05 - RESERVED) VI. ASSESSMENTS, RATES, FEES AND CHARGES 15.06.010 PURPOSE. The Ordinances codified in this Section provide for the establishment of assessment fees, utility rates, and other service charges for connection to or utilization of the Utility system, for providing utility service and administration and maintenance of utility accounts, and for the operation, maintenance, repair, and improvements of the Utility system. Assessment fees, utility rates and other service charges shall include but not be limited to front footage-general facility fees, connection charges, 35 utility service rates, account maintenance charges, plan check, and system development fees and charges. The Utility will periodically review all Utility fees and charges to determine its continuing ability to recover costs incurred by the Utility in providing water and wastewater services to Utility customers and to ensure that necessary funds are available for the operation and maintenance of the water and wastewater systems. 15.06.020 ASSESSMENTS. (a) General Facility Fee. A General Facility Fee (GFF) shall be charged on all new or expanded service connections to the utility system pursuant to the Utility Fee Schedule established for utility service. The general facility fee shall be proportionate to the cost of providing facilities. Existing connections within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the general facility fee for existing use. The calculation of the general facility fee for water and wastewater will be based on the number of Equivalent Residential Unit(s) (ERU) served and shall be apportioned and assessed as follows: Single family residence 1 ERU/Unit Two units 1 ERU/Unit Multi-Family (3 or more units) .8 ERU/Unit Commercial/Industrial (each 2000 sq ft of structure) 1 ERU/2000 SQFT Transitory Living Units - motels/hotels .5 ERU/Unit 36 Irrigation Systems (separately metered; each 2000 sq ft of irr/gated area) .5 ERU/2000 SQFT The general facility fee shall be assessed and paid at the time of execution of the Utility Service Agreement for all new service connections and prior to occupancy of the new or expanded facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. The general facility fee shall be adjusted on February 1 of each year, based on the Seattle Consumer Price Index, for all urban consumers for the year ended December of the preceding year or a rate fee study. (b) Front Footage Fee. A Front Footage Fee (FFF) shall be collected on all utility system mains which were installed or funded by the Utility and/or are subject to reimbursement agreements. Pursuant to the utility fee schedule established for utility service. All property owners connecting to a utility system shall contribute toward the cost of construction of utility mains at the time they are constructed or be required to pay front footage charge. The calculation of the front footage fee shall be based on the total front footage of rectangularly shaped parcels of property under individual ownership fronting the main and served by the main at the time of connection. Properties situated on corner lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. Properties served which are not abutting a utility main and wherein it is undesirable to extend or install a utility main shall 37 be assessed a front footage fee equivalent to fifty (50) feet of footage. Irregularly shaped parcels of property with frontage of less than fifty (50) feet of frontage abutting a utility main shall be assessed a minimum front footage fee equivalent to fifty (50) feet of footage. The front footage fee shall be assessed and paid at the time of execution of the Utility Service Agreement and shall be in addition to rates and other fees, assessments, and charges established for service. The front footage fee shall be adjusted on February 1 of each year on the Seattle Consumer Price Index, for all urban consumers for the year ended December of the preceding year. (c) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the Utility system pursuant to the Utility Fee Schedule established for utility service. Additional fees may be charged if a reinspection is required as a result of the property owner/developer's failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. In the event it should be necessary to remove and restore surface improvement, including but not limited to asphalt concrete and concrete streets and sidewalks, in order to install a service connection, an additional fee shall be levied pursuant to the fee schedule established for removal and replacement. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the Utility Service Agreement. 38 The connection fee shall be adjusted on February 1 of each year based on the Seattle Consumer Price Index for all urban consumers for the year ended December of the preceding year. 15.06.030 RATES - WATER. (a) Retail Water Rates. A general retail water rate shall be assessed all users of the Utility water system for municipal service provided pursuant to the Utility Rate Schedule established for domestic water service. The retail rate shall be calculated on a bimonthly billing with a service charge based on meter size and type and a commodity charge computed to the nearest 100 cubic feet. Retail rates for out-of-City users shall be 150 percent of the City rate. (b) Wholesale Water Service. The Utility may sell surplus water to water districts or other public agencies that have been organized pursuant to the laws of the State and that desire to purchase water from the City. Such service shall be through a wholesale contract, under such terms and under such conditions as shall be deemed fair and equitable by the City. All wholesale water contracts shall be subject to Mayoral approval and City Council authorization. (c) Sprinkler and Fire Protection Service. The Utility shall levy a general fire service charge to all users of the Utility service system for fire service provided pursuant to the Utility Rate Schedule. The fire service rate shall be billed on a bimonthly billing and shall be based on the size and type of service provided. The service charge herein set forth shall be granted only during such times as there is no appreciable registration by meters maintained by the Utility. Water used for purposes 39 other than extinguishing fires through a fire service connection shall be charged at a rate not less than double the domestic rate provided by this Chapter. (d) Temporary/Construction Meters. Persons desiring temporary water service from a fire hydrant, hose connection, or meter for the purposes of construction, special events, or other activities that are limited in duration shall make application to the Utility on the form provided and make a deposit pursuant to the Utility Fee Schedule established for temporary/construction meters. Temporary/construction meters shall be limited to six-month duration and may be renewed subject to approval by the Director and payment for service rendered to date. The rate shall be calculated at the conclusion of use and shall be based on the meter size and type of meter used and a commodity charge computed to the nearest one hundred (100) cubic feet. The base charge shall include meter and appurtenances rental and set-up charge. Rates for out-of-City users shall be 150 percent of the in-City rate. 15.06.040 RATES - WASTEWATER. (a) Retail Wastewater Rates. A general retail wastewater rate shall be assessed of all users of the Utility wastewater system pursuant to the Utility Rate Schedule established for wastewater service. The retail rate shall be based on flow and strength of sewage discharged by the user of the system. Flow shall be determined by the amount of domestic water usage provided to the customer and shall be calculated based on domestic water meter reading of the domestic 40 water supply being provided to the customer. Flows for summer usage for residential customers shall be determined based on the previous six-month average winter domestic water usage by the customer, provided the account was in effect and active for at least two billing periods of the preceding six months. The calculation period shall be determined by the Utility based on usage and billing cycles. In the event the customer is not connected to a public water supply that utilizes domestic water meter, the flow shall be determined by the Utility based on the average flow of the like customer class. Strength shall be determined by the loadings discharged by the customer and shall be segregated into like customer classes based on their respective sewage strengths. Retail rates for out of City users shall be 115 percent of the City rates. (b) Wholesale Wastewater Service. The Utility may receive and treat wastewater from adjacent wastewater districts and other public agencies that have been organized pursuant to the laws of the State. Such service shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the City. Ail wholesale wastewater contracts shall be approved by the Mayor and authorized by City Council. (c) Bulk Transport Disposal Services. The Utility shall levy charges for disposal of bulk transported wastes from mobile tanks into the Utility wastewater system pursuant to the Utility Fee and Rate Schedule established for disposal services. Discharge from holding tanks from recreational vehicles or pleasure craft shall be exempt. Ten (10) percent of the fees collected under this Section shall be allocated quarterly to the Kitsap County Public Health Pooling Fund. 41 15.06.050 (RESERVED) 15.06.060 MISCELLANEOUS FEES AND CHARGES. The Utility shall set fees and charges to recover all or a portion of its administrative and operations expenses related to the services set forth herein. (a) Automated Cleating House. All customers who utilize the automated clearing house system (ACH) will be allowed a $1.00 credit on each utility bill. Such credit will commence with the billing following application and approval for ACH. Co) Low-Income Senior Citizens and Low-Income Disabled Citizens. The minimum water and wastewater service charges of the City shall include a low-income senior citizen and low-income disabled citizen rate, pursuant to the utility fee and rate schedule. To qualify for the low-income senior citizen low-income disabled citizen rate, the individual shall meet the criteria established by RCW 74.38.070. In order to remain eligible for the credit, the applicant shall be required to reapply each year with the Utility. (c) Service Fee - Field. A service fee shall be charged for all service calls to the owner's premises pursuant to the Utility Fee and Rate Schedule established for utility service. Service calls shall include but not be limited to turn-on/turn-off of water services as a result of delinquent payment of accounts, after hours utility location requests, and repeat service calls during normal work hours. After hours, weekend, and holiday service requests shall require acknowledgment by signature of the requesting party on the form which identifies the additional service and fee provided by the service specialist. The service fee shall be added to the regular utility billing for service. 42 (d) Service Fee - Office. A service fee shall be charged for all account maintenance, including but not limited to activation and discontinuation of the utility account, changes in address, designated agents, duplicate billing, and property liens. The service fee shall be added to the regular utility billing for service. (e) Delinquency Charge. A delinquency charge of one percent (1%)per month shall be added to the unpaid balance of each and every utility bill which is not paid on or before such bill becomes delinquent. (f) Cross-Connection Control Inspections. The Utility shall charge a fee for the required annual inspection of backflow prevention devices if the customer requests the Utility to perform such service. (g) Fire Protection Capacity/Hydrant Services. The Utility shall be authorized to assess all municipalities for services for providing additional system capacity in meeting fire protection and flow requirements pursuant to state and local codes and for the maintenance and repair of publicly owned fire hydrants. The Utility may enter into agreements with owners of private fire systems for hydrant repairs and maintenance. VII. UTILITY BILLING 15.07.010 PURPOSE. The Ordinances codified in this chapter provide for the establishment of a Utility billing and receipting system for the reimbursement of the costs of providing utility service. The Utility is additionally authorized to provide to other municipal corporations billing and accounting services through interlocal agreement approved by the Mayor and 43 authorized by the City Council. 15.07.020 UTILITY SERVICE ACCOUNTS. The Utility shall create a Utility Service Account upon receipt of an executed Utility Service Agreement. The account shall be in the name of the owner and may be activated or terminated only upon written notice by the owner and payment for services provided. Billing for Utility services shall commence at the date of connection to or use of the Utility system unless modified herein. Billing for mandated wastewater service as directed by the Health Officer or the Utility regardless of connection shall commence sixty (60) days following written notice by the Health Officer or the date of connection whichever shall occur first. 15.07.030 ACCOUNT MAINTENANCE. Whenever the owner of a premises connected to the Utility system desires to have the service activated or discontinued for his own or another's use, he shall notify the Utility Billing in writing on the forms provided. The Utility, upon payment of a service fee, will activate or discontinue service or pro rate the customer bill for partial billing periods upon the request of the owner. Reconnection of service will require payment for all services provided prior to discontinuing service. Where a service has been inactive for more than five (5) years and a property owner petitions to reactivate the service to the premises, in addition to making application, a flow test will be required to evaluate the service to determine if adequate flow is currently available. The Utility will perform the flow test at the owners expense. A service fee and payment for any unpaid previous charges shall be assessed prior to activation of the service. 44 If inadequate flow is determined, a new service will be required by the Utility and shall be at the expense of the owner. 15.07.040 BILLING STATEMENT. The Utility shall regularly bill each Utility Service Account for all fees, rates, and charges for service during the billing period. Payments received on each service account shall be applied in the following priority to the outstanding account balances: fees, administrative charges, wastewater charges, and water charges. Receipts shall be credited to the oldest balances first. A utility bill shall be considered past due thirty (30) days after date of billing. A utility bill which remains unpaid after the due date shall be classified as'a delinquent account and shall be subject to delinquent charges. 15.07.050 BILLING AND DUPLICATE BILLINGS. Billing statements shall be mailed to the address requested by the property owner. Duplicate bills sent to a different address shall be assessed a duplicate billing charge sufficient to recover all costs of processing and mailing. The property owner shall be responsible for all fees, rates and charges on the Utility Service Account irrespective of the use of the duplicate billing procedures. 15.07.060 AUTOMATIC CASH TRANSFER. A property owner or his designated agent may at his option request in writing, on the form provided by the Utility, direct automatic transfer of funds from a designated account at a financial institution to the Utility for payment of utility service. The transfer shall be made at the time of the due date regular billing of the account and the property owner shall receive a statement of charges paid. 45 15.07.070 DESIGNATED AGENTS. Any property owner may designate an agent to receive billing and provide for account maintenance. To designate an agent, the owner must deliver to the Utility billing office a properly executed form provided by the Utility. The owner shall be responsible for notifying the Utility of any change in the agent's status. 15.07.080 DELINQUENT ACCOUNTS. The Utility shall have the right at its option to terminate service to the premises for which the account is delinquent, provided service is not to be terminated for those accounts which require utilities for the operation of life-sustaining machines or equipment. Such an exception shall require the submission of a written documentation of the requirement signed by a licensed physician, following each notice of delinquency and must be submitted to and approved by the Director. When an account becomes delinquent, the Utility shall provide written notice to the owner or agent notifying that the account is delinquent. The written notice shall contain the following information: date of termination which shall be no sooner than ten (10) days from notice; a statement of the reason for the proposed termination of service; a statement of what may be done to avoid termination; a statement that the property owner may file a written appeal with the Utility and the rights of the property owner to dispute the proposed termination. The Utility shall visit the service address ten (10) days following the written notification and physically place a final notice of termination on the door of the residence. The notice shall contain the following information: the reason for termination of service; the time in which service will be discontinued which shall not be sooner than forty-eight (48) hours from final notice; a statement of what may be done to avoid termination; a statement 46 that the property owner may file a written appeal disputing the proposed termination. If payment is not received within 48 hours following final notice, the service to the premises shall be terminated. 15.07.090 LIENS. Any and all charges provided for in this Chapter shall constitute a lien against the property served when the charges become delinquent and unpaid. Enforcement and collection of the lien shall include but not be limited to the right to discontinue service and deny service thereafter to any and all owners and/or occupants or tenants at the premises until the lien has been satisfied. In the case where the owner of the premises moves to another location within the service area or applies for service at a new location, service may be denied at such location until the lien at the first location has been satisfied. The Utility shall file a lien against the property served at the Office of the County Auditor for Kitsap County when a utility account becomes delinquent and unpaid. Such lien shall include the delinquent charges, a charge for the cost of preparing and filing said lien. Failure to receive a bill does not relieve an owner or user of the responsibility for payment of charges and penalties on the account. 15.07.100 DEFERRED PAYMENT. A deferred payment arrangement may be extended to customers for the payment of delinquent accounts where the customer can demonstrate a temporary inability to make full payment. Customers who have failed to comply with previous payment arrangements, have a history of payment problems or fail to stay current in utility bills may be denied deferred payment arrangements or have arrangements terminated. 47 15.07.110 ADJUSTMENTS. In the event of excessive registration of the water meters caused by broken or leaking water service pipes upon the premises of any customer, without knowledge or fault of the customer, an adjustment may be requested upon written application within a six (6) month period and after the complete and satisfactory repairs and with documentation of satisfactory repair. Reduction shall be in accordance with the current adjustment policy of the Utility Department. If a customer disputes an adjustment, an appeal may be filed as set forth herein. 15.07.120 METER FAILURE. In the event of a meter failing to register properly, the user shall be charged an estimate of the consumption from whatever may be considered the most reliable data or method available to the Utility. 15.07.130 DISCONNECTION. No person or owner of any premises connected to the City's water supply system shall disconnect the water on said premises unless he shall first file a written request and pay all arrearages current on water usage for said premises. VIII. APPEALS 15.08.010 APPEALS - UTILITY DEPARTMENT. A property owner, tenant or developer shall have the right to appeal matters dealing with utility accounting, billing and service termination. Complaint in the case of termination of service shall be filed in writing with the Utility within fourteen (14) days of the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The Utility shall be required to respond in writing to the appellant within 30 days 48 affirming or reversing its decision or requesting additional information for adjudication of the complaint. 15.08.020 APPEAL -MUNICIPAL COURT. Bremerton Municipal Court shall have jurisdiction to receive and rule on appeals from customers aggrieved by the City Utility's decision to shut off water after a written complaint has been denied by the department under section 15.08.010. However, the Court, in its discretion, may assign the appeal to the Office of the Hearing Examiner. The administrative appeal under this chapter shall be conducted according to procedures of municipal code chapter 2.84, provided the hearing shall be set within thirty (30) days of filing and the filing fee shall be twenty-five dollars ($25.00) whether heard by the Court or Hearing Examiner. Section 3. Effective Date. This ordinance shall become effective ten (10) days from passage and publication or the end of the first full utility billing cycle after the passage of a resolution establishing utility rates and fees, whichever is later. APPROVED by the City Council of the City of Bremerton this ~ 7 day of ?i/{ P~65.-/~9,.2 ,1991. PASSED by the City Council of the City of Bremerton this __~ day of (~'~5/i_~_ ~[, , 1991. LYNN HORTON, Council President APPROVED this ~ day of ~~991. LOUIS MENTOR, Mayor 49 ATTEST: KATHLEEN McCLUSKEY, City Clerk