This chapter shall be known and may be cited as the Castle Rock water and sewer regulations ordinance.
(Ord. 88-6 § 1, 1988)
The purpose of this chapter is to:
A.
Provide for the design, acquisition, construction, management, operation and maintenance of water and sewer facilities owned and operated by the city, and to authorize the department to adopt regulations relating thereto;
(Ord. 88-6 § 2, 1988)
Water or sewer service provided by the city shall be subject to the following conditions:
A.
Water, sewer and/or stormwater service will be provided only upon an approved application and payment of an $80.00 deposit fee. Failure to make application and payment of the deposit will result in discontinuation of services. This deposit will be returned to the customer, less any balance due to the city, upon termination of the service account. When the city has retained a deposit for two years from a resident in any amount, and the service account has not been delinquent during that time period, the deposit may be transferred to the new service location to satisfy the requirements of this subsection.
B.
The city shall not approve any application for water service unless a satisfactory water main exists, capable of meeting the requirements for pressure, circulation, storage, source of supply and other requirements established by the city.
C.
The city shall not approve any application for sewer service unless a satisfactory sewer main with adequate hydraulic and treatment capacity exists, and the main meets other requirements established by the city.
D.
Where a satisfactory water or sewer main does not exist, the city may nonetheless agree to provide water or sewer service, but only on the condition that the applicant extend the main and/or make system improvements at his/her own expense. The city may also require the installation of oversize mains or system improvements in excess of the applicant's needs for the benefit of the utility system generally or to enhance service availability to other areas. In such a case, the city may pay the cost of such excess improvements, provided future connections pay a pro rata portion of the city's cost, in addition to the regular hookup fee.
E.
All water service shall be metered.
F.
The utility will deliver water to users only through meters owned by the city; except temporary use of fire hydrants for construction, building or related purposes may be authorized by the utility in accordance with regulations adopted hereunder. [Ord. 2005-01 § 1, 2005; Ord. 2001-05, 2001; Ord. 98-07(A), 1999; Ord. 88-6 § 3, 1988).
It is unlawful for any person to make an unauthorized connection to the utility water or sewer main, or for any person whose premises are supplied with water and/or sewer to furnish additional premises with utility services. Any person(s) making an unauthorized connection to the utility water or sewer service, prior to obtaining permission from the city clerk-treasurer's office, will be guilty of a misdemeanor and upon conviction thereof shall be punished as for other misdemeanors as provided by law.
(Ord. 88-6 § 4, 1988; Ord. 91-1, 1991)
A.
The installation or maintenance of any cross-connection with the public water supply of the city is prohibited, except as authorized in this section. Any such cross-connection now existing or hereafter installed is declared subject to immediate termination of water service and any such cross-connection shall be abated immediately.
B.
The control or elimination of cross-connection shall be in accordance with the provisions of the Washington Administrative Code (WAC 246-290-490). The policies, procedures and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedures and Practice in Cross-Connection Control Manual, as published by the Pacific Northwest Section, American Waterworks Association, May 1990, Fifth Edition.
C.
The city shall deny or discontinue water service to any customer failing to cooperate in the installation, maintenance, testing or inspection of backflow prevention assemblies required as stated in WAC 246-290-490.
D.
As a condition of new or continued water service, approved backflow prevention assemblies shall be installed and maintained by all customers who:
1.
Are industrial or commercial customers.
2.
Operate commercial or residential fire sprinkler systems connected to their plumbing and the city's distribution system.
3.
Operate irrigation systems connected to their plumbing and the city's distribution system.
4.
Maintain cross-connections of their water system with air conditioning systems, medical apparatuses, or other devices or processes where chemicals or other objectionable substances may be siphoned into the water system.
5.
Maintain efficient plumbing arrangements which make it impractical to otherwise eliminate cross-connections.
6.
In the judgment of the public works director, compromise the public's health or safety.
E.
An "approved backflow prevention assembly" means a backflow prevention assembly model approved by the State of Washington Department of Health and the city. Unless an exemption is granted, the minimum requirement for a backflow prevention assembly shall be that it consist of a double check valve assembly.
F.
Pressure vacuum breakers may not be substituted for other backflow prevention assemblies.
G.
The public works director and such staff members as he or she may designate or representatives are delegated the authority to inspect, approve, and disapprove backflow prevention assemblies; to require corrections, modifications, repairs, or maintenance on backflow prevention assemblies; and to inspect all premises of customers where backflow prevention assemblies may be required. A minimum standard for the maintenance and installation of backflow prevention assemblies shall be those set forth in the Accepted Procedures and Practice in Cross-Connection Control Manual, May 1990, Fifth Edition, as published by the Pacific Northwest Section of the American Waterworks Association. The public works director is authorized to establish higher standards for installation and maintenance of backflow prevention assemblies where he or she finds that good engineering practice, industry standards or the protection of public health requires such higher standards.
H.
As a condition of a continued water service, customers shall make their premises, including buildings and structures, to which water is supplied, accessible to city personnel periodically to determine whether backflow prevention assemblies are required or are properly installed and maintained. Testing and inspections will be made annually.
I.
Prior to the installation of irrigation systems and backflow prevention assemblies, the customer shall obtain a permit from the city for such installation.
J.
The requirements in this section for backflow prevention assembly installation shall apply even though building codes may not require backflow prevention assemblies.
K.
The city prohibits interconnection of private water supplies with the city's distribution system. Auxiliary water supplies (private wells, piped irrigation sources, etc.) are a major cross-connection control hazard and, therefore, must be effectively isolated from the domestic water supply. The city's cross-connection control policies and requirements for customers with private wells are as follows:
1.
No backflow protection is required if the source is verified to be permanently inactive and abandoned in accordance with the requirements of the State of Washington Department of Health.
2.
If the well remains active, an approved reduced pressure backflow assembly is required at the service connection to provide a measure of protection against inadvertent interconnection of the supplies. These wells can only be used for non-potable purposes, such as landscape irrigation and washing vehicles.
New services will be locked off until compliance is verified by the city. Visual inspection of piping is required for premises retaining active well systems.
L.
All backflow prevention assemblies are subject to annual inspection and testing. The cost of installation, annual performance testing, and any required maintenance of the backflow prevention assemblies is the responsibility of the property owner.
( Ord. 97-07 §§ 1 – 12, 1997; Amended during 2009 recodification; Ord. 2025-07, 1/12/2026)
It shall be unlawful for any person to interfere and/or tamper with, break, deface or damage any utility appliance or fixture or in any other manner interfere with the proper operation of any part of the utility system of the city. Any bypassing/cutting of water meter locks, or connection to a water or sewer system without prior approval from the city shall result in an unauthorized connection charge set by resolution of the city council, in addition to all other applicable fees and/or charges. In addition, the person responsible shall be charged for all costs for repair of damaged meters or other city property and the estimated amount of water and sewer base rates and water consumed.
(Ord. 88-6 § 5, 1988; Ord. 2025-07, 1/12/2026)
It shall be unlawful to discharge or cause to be discharged any pollutant or wastewater which will negatively impact the city’s collection system or interfere with the operation or performance of the city treatment system. See Section 13.17.030, General Sewer Use Requirements, for the list of prohibited discharges.
(Ord. 88-6 § 6, 1988; Ord. 2025-07, 1/12/2026)
The utility may require any person seeking to connect to the utility system to provide an easement for water and/or sewer system purposes as a condition to allowing such connection.
(Ord. 88-6 57, 1988)
Monthly combined billings for water, sewer and stormwater service will be issued and mailed on the last business day of the month and is due and payable by the close of business on the twenty-fourth of the month ("due date and time"). As of the due date and time, any account with a remaining balance due greater than $11.00 will be considered delinquent and the following action will be taken:
A.
A rebilling fee as established by resolution of the city council shall be assessed and a "delinquent account/shutoff notice" will be mailed to the person or persons billed for such service at the address shown in the city's billing records of the city's intent to discontinue service if payment is not made by the due date provided on the notice. Those customers having a residual balance of $11.00 or less will not receive this notice; however, residual balances will be rebilled and are payable with the next monthly billing cycle. Government agencies are excluded from the delinquent collection process.
Exception: If the twenty-fourth is a nonbusiness day, the due date and time, and the issuance of delinquent account/shutoff notices will be processed on the next business day.
Note: "Close of business" is defined in Chapter 2.40 CRMC, Office Hours.
B.
In the event that the occupant/customer is not the property owner, a copy of the delinquent account/shutoff notice will be mailed by first class mail to the property owner of record, or their agent. This will serve as the owner's notice of the city's intent to discontinue services due to nonpayment of the account. Verification of recorded property ownership will be through the Cowlitz County assessor's office.
C.
If the customer disputes the amount due on the account, the customer shall have 10 days from the date of the delinquent account/shutoff notice within which to file a written request to have the account reviewed by the clerk-treasurer or the clerk-treasurer's designee. The request shall state the reasons why the customer believes the amount to be in error and shall provide any supporting evidence. Any customer seeking timely review of a utility bill in writing shall be heard before discontinuance of utility services. The decision of the clerk-treasurer or the clerk-treasurer's designee shall be final. Following the results of the appeal, if the customer owes the city any money, the customer shall pay the amount due within the time ordered by the clerk-treasurer or the clerk-treasurer's designee. If the amount is not paid, utility service shall be discontinued.
D.
As of the second Tuesday of the month following the delinquent account/shutoff notice, accounts that have a past-due balance greater than $11.00, but less than or equal to $50.00 will be charged a delinquency administration fee as established by resolution of the city council. Accounts that have a past-due balance greater than $50.00 will be charged a disconnect/reconnect fee as established by resolution of the city council and services will be disconnected.
Exception: Per Chapter 35.21 RCW, if the National Weather Service has issued or has announce that it intends to issue a heat-related alert, such as an excess heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located, and that alert is active on the day of the scheduled disconnection, the disconnection will be delayed. The notice of disconnection will include language informing the customer that beginning on disconnect day, the disconnect date will be delayed until the first Tuesday, Wednesday or Thursday in which the alert has been lifted. Delayed disconnections would only apply to customers that continue to have a past-due balance, and the disconnect/reconnect fee shall be charged on the date of processing. Paid accounts would no longer be processed for disconnection nor charged the disconnect/reconnect fee. Examples below:
Example 1: Past-due balance greater than $50.00 remains and the scheduled final due date is 8/14 (Monday). 8/15 (Tuesday), a heat-related alert is in effect. Disconnection will be delayed. 8/17 (Thursday), heat-related alert is no longer in effect. Disconnection would occur 8/17 (Thursday).
Example 2: Past-due balance greater than $50.00 remains and the scheduled final due date is 8/14 (Monday). 8/15 (Tuesday), a heat-related alert is in effect. Disconnection will be delayed. 8/18 (Friday), heat-related alert is no longer in effect. Disconnection would occur 8/22 (Tuesday).
E.
Customers disconnected for nonpayment will be reconnected within 24 hours of notification of receipt of payment of their past-due balance along with all related fees. Customers disconnected for nonpayment and requesting reconnection of utility services after regular business hours will be assessed the cost of all city personnel overtime expenses incurred as a result of providing this service. Those costs, along with all other charges, must be paid prior to reconnection.
Exception: Per Chapter 35.21 RCW, a residential user at whose dwelling utility service has been disconnected for lack of payment may request that services are reconnected on any day for which the National Weather Service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located. The account must be in active status to request reconnection of service. Accounts that were previously closed are not eligible to request reconnection under this exception.
Upon receipt of a request made pursuant to the exception of this subsection (E), the account holder must enter into a payment plan prior to reconnection of service. A repayment plan will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th, if needed to maintain monthly payments that are no greater than six percent of the household monthly income, and to pay for continued utility services. The plan may not require monthly payments in excess of six percent of the monthly household income; however, an account holder may agree to pay a higher percentage during this period. The payment plan would not be considered in default unless the monthly payment during this period is less than six percent of the household monthly income. If assistance payments are received by the account holder following implementation of the plan, the account holder shall contact the city to reformulate the plan.
If the payment plan is in default, services will be disconnected and a disconnect/reconnect fee as established by resolution of the city council will be charged.
(Ord. 88-6 § 8, 1988; Ord. 89-8, 1989; Ord. 92-6, 1992; Ord. 2002-02, 2002; Ord. 2004-01, 2004; Ord. 2009-06, 2009; Ord. 2015-04, 2015; Ord. 2021-12, 2021; Ord. 2022-05, 2022; Ord. 2023-06, 2023)
To protect the city's interests, per RCW 35.21.290 and 35.21.300, cities owning their own waterworks shall have a lien to which water and/or sewer services are furnished.
A.
All water and sewer charges shall be a lien against the property for which service is provided. This lien shall be valid for all charges, not to exceed four months past due.
B.
Liens shall be enforced for discontinuation of water service when charges remain unpaid for more than 35 days after the billing date.
C.
In the event of a disputed account, discontinuation of service will not go into effect until judgment on the dispute has been reached.
D.
The city shall give written notice by first class mail, postage prepaid, to the owner, or his agent, of buildings or premises due for disconnection for reason of a lien.
(Ord. 88-6 § 9, 1988)
In the event a utility bill is paid with a check that is returned for any of the following reasons: insufficient funds, uncollected funds, account closed, postdating, or other irregularity not the fault of the city, the following will occur:
A.
A returned check fee as established by resolution of the city council will be charged to the account.
B.
The tenant and owner will be notified by telephone or by door hanger to redeem such check together with the returned check fee. Payment is due in cash, cashier's check or money order the business day following the issued date of notice. If payment is not received, as required, utility service will be disconnected and a disconnect fee as established by resolution of the city council will be assessed to the account balance. Service will not be restored until the account balance is paid in full, including a reconnect fee as established by resolution of the city council.
C.
Customers disconnected for nonpayment and requesting reconnection of utility services after regular business hours will be assessed an additional overtime reconnection fee as established by resolution of the city council, which must be paid, along with all other charges, prior to reconnection.
D.
Discontinuation of service will be considered a lien on the property. Disconnection for nonpayment shall not occur on a day preceding a weekend or holiday, or when it would not be practical to restore service on the following day.
(Ord. 88-6 § 9, 1988; Ord. 2002-02, 2002; Ord. 2022-05, 2022; Ord. 2022-10, 2022)
Property owners are legally responsible for all charges on the premises for which service is provided. Billings made in the name of the tenant or other occupant of the premises are for personal convenience and shall not relieve the owner of the premises from liability for the payment of charges for furnishing water and/or sewer service, nor in any way affect the lien rights of the city against the premises to which the services are furnished. When the occupant of the property is other than the owner, the bill is sent to the service address unless otherwise designated, in writing, by the owner of the property. It shall be the responsibility of the owner to inform the city whenever the number of living units is increased. If the owner of a multiple unit purports to decrease the number of living units, no change shall be made in the city billing until the owner places on file a statement to that effect.
Sewer Service Responsibilities – Property owner is responsible for the connection side sewer lateral from the private property to the sewer main line. As such, they are responsible for all costs of maintenance, repair, replacement, removal of obstructions, cleaning and operations of this structure, including without limitation the tee and side sewer stub. Acceptance of a side sewer lateral connection under the provisions of this chapter within or outside of the city’s right-of-way shall not be deemed to create a duty upon the city to repair, replace, maintain, or clean the same.
Water Service Responsibilities – Property owner is responsible for the water service connection line from the private property to the city’s water meter. As such, they are responsible for all costs of maintenance, repair, replacement, leaks and operations of this structure, including without limitation the connection to the city’s tail piece connection at the water meter to all infrastructure including water lines and fixtures located on the property owner side of the water meter. They are prohibited from repairing, replacing or altering the water meter, shutoff valve, box, lid or any other fixture inside the water meter box other than their connection. Acceptance of a water service connection line under this provision of this chapter within or outside of the city’s right-of-way shall not be deemed to create a duty upon the city to repair, replace, maintain, or clean the same.
(Ord. 88-6 § 11, 1988; Ord. 89-9, 1989; Ord. 2025-07, 1/12/2026)
The public works director is authorized to approve or deny utility leak adjustment requests applicable to CRMC § 13.06.130, Basis for adjustment. The clerk-treasurer is authorized to administratively adjust approved leak adjustments up to $1,000. Any approved leak adjustment request exceeding this threshold must be presented to the mayor for their authorization of the adjustment.
(Ord. 93-1, 1993; Ord. 98-03, 1998; Ord. 2014-02, 2014; Ord. 2023-09 § 1, 2023)
A.
The clerk-treasurer may adjust water bills in the event of any sudden confirmed leak or break. Customer must make a written request to the clerk-treasurer's office and provide proof of the leak, such proof to include receipts for repair costs, pictures or certification by public works personnel.
B.
No adjustments are allowed for the following: leaky faucets, faulty plumbing fixtures, faucets or hose bibs left on, hot water heaters, faulty irrigation systems or water features (ponds, pools, fountains, etc.), neglect or failure to repair broken pipes, or leaks not repaired within 30 days of notification.
C.
It shall be the burden of the customer to prove that the excessive use was the product of a malfunction and that the customer notified the city of the malfunction as soon as practical.
D.
No adjustments shall be made until the public works department verifies that a leak no longer exists. All repairs must be made within 30 days of notification that a leak is present.
E.
The clerk-treasurer's office bases the amount of an adjustment on the customer's average for 12 months' consumption, if available. If the customer has not established a history of this length, the average will be determined by using the available consumption history. Only the sewer billing amount will be adjusted for qualified leaks; and the customer will be credited for any amount billed over the customer's average sewer use, for the applicable billing period.
F.
If leak charges are reflected over a multi-month period, the second month may be adjusted if concurrence is obtained from the public works director. The maximum multi-month period will be limited to two consecutive billing cycles.
G.
Leak adjustments shall be limited to only two adjustments per service within a 12-month period. The third adjustment request for the same address will not be granted until the customer replaces the plumbing and proof of the repair is provided to the city and verified by the public works department that a leak no longer exists.
H.
Adjustments for special circumstances may be approved by city council under the following conditions:
1.
Nonprofit organizations qualifying for a leak adjustment must submit a written request to the city council requesting special circumstances. Nonprofit organizations must still meet all customer responsibilities outlined in this chapter to qualify for a leak adjustment.
2.
Usage Associated with Suspected Theft of Services. Utility customer must have filed a police report with the Castle Rock police department and also must describe actions taken to prevent future accessibility to their service. Adjustments will not be approved until the police department completes their investigation and provides a recommendation to the city council.
3.
Malfunction of City-Owned Equipment. No adjustments shall be approved for this reason without validation by the public works director.
All requests for adjustments due to special circumstances must clearly state the special circumstance, resolution of the problem and any hardships created by the leak. A representative of the organization or service customer will be required to attend the council meeting to provide information to the city council. Based on the information, city council may consider additional adjustment options and must include specific reasons for such action in their motion. |
(Ord. 2010-02, 2010; Ord. 2011-07, 2011; Ord. 2023-09 § 2, 2023)
The city clerk-treasurer is authorized to administratively enter into a written payment extension agreement for customers with delinquent accounts, under the following circumstances:
A.
Customers requesting to enter into payment agreements must qualify the reason for the extenuating circumstance to the city clerk-treasurer.
B.
Customers must own the property for which the account is delinquent.
C.
Properties with delinquent accounts, occupied by renters, will not qualify for agreement to pay extensions, unless the property owner first provides written authority for this payment extension. Written authority must be obtained each time that a renter requests to enter into a payment agreement arrangement for delinquent utility service.
D.
Payment extension arrangements are allowed with the understanding that the customer will have the account paid in full by the end of the extension agreement period. Terms of the arrangement must be in writing, and must not exceed 60 days from date of agreement. Payment extension requests exceeding this time frame must be approved by the city council.
E.
No customer will be allowed over two payment extension agreements within the city's budgetary calendar year.
(Ord. 2002-02, 2002)