The policies described above are in the best interest of the city of Yelm. This chapter is necessary to protect the water supply of the region, which is vital to public health and safety, and to prevent endangerment of public and private property. The city of Yelm is dependent on ground water sources and limited water rights. The ability to obtain additional water rights in the future is uncertain. Developing and utilizing reclaimed water can reduce the need for additional potable water. In light of these circumstances, certain uses of potable water may be considered where reclaimed water is available or production of potable water is unduly impaired. To encourage the use of reclaimed water in lieu of potable water the city desires to sell the reclaimed water at a fraction of the established potable water rates.
(Ord. 684 § 1, 1999; Ord. 720 § 1, 2000)
It is the policy of the city of Yelm to reclaim 100 percent of the wastewater generated by the city and that reclaimed water shall be used within the jurisdiction wherever its use is economically justified, financially and technically feasible, and is consistent with legal requirements of Chapter 90.46 RCW, for the preservation of public health, safety and welfare, and the protection of the environment.
(Ord. 684 § 2, 1999; Ord. 720 § 1, 2000)
The following terms are defined for purposes of this chapter:
"Agronomic rate"
means the amount of water required to sustain and promote plant and vegetation growth without saturation of the underlying soils.
"Agricultural purposes"
means and includes the growing of field and nursery crops, row crops, trees, and vines and the feeding of fowl and livestock.
"Beneficial use"
means the use of reclaimed water, which has been transported from the point of production to the point of use without an intervening discharge to waters of the state, for a beneficial purpose.
"City"
means the city of Yelm, Washington, or as indicated by the context, may mean the public works director, treatment plant operator, water department, water superintendent, city clerk/treasurer, engineer or other employee or agent representing the city in the discharge of his duties.
"City engineer"
means the professional engineer regularly employed or retained by the city.
"Commercial office buildings"
means any building for office or commercial uses with water requirements which include, but are not limited to: landscape irrigation, fire protection, toilet and urinal flushing and decorative fountains.
"Commercial water service"
means reclaimed water service provided to a premises utilized for business or industrial purposes.
"Council"
means the council of the city of Yelm.
"Department"
means the Washington State Departments of Ecology and Health.
"Greenbelt areas"
includes, but is not limited to, golf courses, cemeteries, parks and landscaping.
"Infiltration basins"
means a basin, pond or area specifically designed for the controlled application of reclaimed water by surface percolation for the purpose of replenishing ground water.
"Irrigation"
means watering by sprinkling or dripping through orifices at normal agronomic rates.
"Industrial process water"
means water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or construction process.
"Nonrestricted recreational impoundment"
means a body of reclaimed water in which no limitations are imposed on body-contact water sports activities. Examples may include but are not limited to recreational lakes, water features, ponds and fishponds.
"Off-site facilities"
means reclaimed water facilities from the source of supply to the point of connection with the on-site facilities, normally up to and including the water meter.
"On-site facilities"
means reclaimed water facilities under the control of the owner, normally downstream from the reclaimed water meter.
"Plan"
means the city of Yelm's facility plan or comprehensive water reclamation plan.
"Potable water"
means ground water that is used or intended to be used as, or is suitable for, a source of a water supply for domestic purposes and has been classified as a source of drinking water by the Department of Health.
"Reclaimed water"
means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur and is no longer considered wastewater. As used herein, reclaimed water shall be classified as Class A reclaimed water as defined in Chapter 90.46 RCW and the Water Reclamation and Reuse Standards.
"Reclaimed water distribution systems"
means a piping system intended for the delivery of reclaimed water separate from and in addition to the potable water distribution system.
"Reclaimed water user agreement"
means a binding agreement between the city of Yelm and the owner of a use area outlining the conditions for use of reclaimed water to ensure that construction, operation, maintenance and monitoring meets all requirements of the Washington Departments of Ecology and Health and the city.
"Reuse"
means the use of reclaimed water, in compliance with Washington Departments of Ecology and Health regulations, for a beneficial use.
"Residential service"
means reclaimed water service for lawn and/or vegetable garden irrigation provided to a residential living site.
"Service connection"
means that portion of the city's reclaimed water supply system connecting the city's reclaimed water distribution main including the tap into the main, the water meter and appurtenances and the service line from the main to the meter and from the meter to the user's property line. "Service connection" includes connections for fire protection as well as for irrigation, commercial and industrial uses.
"Spray irrigation"
means the application of reclaimed water to land by spraying it from sprinklers of orifices in piping.
"Standard specifications"
means the specifications set forth in the current volume of "Standard Specifications for Road, Bridge, and Municipal Construction" prepared and distributed jointly by the Washington State Department of Transportation (WSDOT) and by the Washington State Chapter of the American Public Works Association (APWA) and the current "Standards" of the American Water Works Association (AWWA).
"Surface percolation"
means the controlled application of water to the ground surface for the purpose of replenishing ground water.
"Use area"
means any facility, building, or area approved for use of reclaimed water as evidenced by an executed user agreement.
"Water reclamation and reuse standards"
means standards developed by the Washington State Departments of Ecology and Health dated September 1997 and as may be amended from time to time.
(Ord. 684 § 3, 1999; Ord. 720 § 1, 2000)
A. 
General. The city of Yelm has prepared and adopted a Water Reuse Facilities Plan pursuant to the requirements of the Growth Management Act (GMA) and the Washington State Department of Ecology as part of the city's update of the wastewater treatment facilities and implementation of the reuse plan.
Updates to the facilities plan shall be prepared in the form of a comprehensive water reclamation plan. The city engineer shall prepare the plan for the city and three copies of the same shall be maintained on file in the office of the city clerk/treasurer. The plan shall be submitted to and approved by the Departments of Ecology and Health.
B. 
Uses of Reclaimed Water. The facilities plan identified any use that meets the standards for Class A reclaimed water as a planned or potential use of reclaimed water within the city's service area. Reclaimed water uses may include, but are not limited to, the irrigation of food and nonfood crops, landscape irrigation, impoundments, fish hatchery basins, decorative fountains, flushing of sanitary sewers, street cleaning, dust control, fire fighting and protection, toilet and urinal flushing, washing aggregate and concrete production, industrial cooling and industrial processes. Refer to Table 1[1] for additional uses and regulations pertaining to those uses.
[1]
Code reviser's note: Table 1 is on file in the city clerk/treasurer's office.
C. 
Contents of the Reclamation Plan. The comprehensive water reclamation plan shall be updated from time to time as deemed necessary by the city council, but in any event not less than every five years. The plan shall include the following:
1. 
Plants and Facilities. Proposed location and size of the reclamation treatment plant, distribution pipelines, pump stations, reservoirs, and other related reuse facilities.
2. 
Reclaimed Water Service Areas. A designation of the boundary within the city of Yelm service area that can or may in the future use reclaimed water in lieu of potable water, including reuse areas and ground water recharge infiltration basins. An evaluation of reuse sites, estimated volume of water to be reused, means of application, application rates, water balance, expected agronomic uptake, potential to impact ground water or surface water at the site, background water quality and hydrogeological information necessary to evaluate potential water quality impacts shall be addressed in the plan.
3. 
Contingency Plans. The plan shall address a contingency plan to ensure that no untreated or inadequately treated wastewater will be delivered to a use area.
4. 
Cross-Connection Control. The plan shall discuss cross-connection control and inspection program, including who will be responsible for compliance and testing of cross-connection control devices.
5. 
Design Standards. The plan shall identify design standards, which shall be adopted from time to time by the council and three copies of the same shall be maintained on file at the office of the city clerk/treasurer.
(Ord. 684 § 4, 1999; Ord. 720 § 1, 2000)
A. 
Identification of Pipe and Appurtenances. All reclaimed water pipelines, valves, outlets, and other appurtenances, including all irrigation systems pipelines, valve and control boxes shall be color-coded purple (Pantone 622 or other shades of purple acceptable to the city). The piping shall be embossed or integrally stamped or marked "Caution: Reclaimed Water – Do Not Drink," and be installed with a purple (Pantone 512 or other shades of purple acceptable to the city) identification tracer tape. The pipe and tape shall have the warning stamped on opposite sides of the pipe and tape and be repeated every three feet or less. Identification tracer tape shall be consistent with the Water Reclamation and Reuse Standards. Signs for notification of reclaimed water connections shall read "Reclaimed Water – Do Not Drink." Signs for notification of irrigation use areas shall read "For Water Conservation, This Property Is Irrigated with Reclaimed Water – Do Not Drink." Signs shall be color-coded purple (Pantone 522 or other shades of purple acceptable to the city) with black lettering. Sleeves over standard water pipe will not be permitted.
B. 
Ownership of Mains and Service Connections. The ownership of all mains, service connections and appurtenances in the public street or utility rights-of-way shall be vested fully in the city and the person responsible for the construction of such mains shall relinquish, by bill of sale, or other appropriate instrument of conveyance, all interest in the ownership of such mains upon acceptance by the city.
The city shall operate, control and maintain all approved and accepted components of the city water reuse system in the public streets or utility rights-of-way up to and including the meter, but shall not be responsible beyond the meter. The owner of the property served shall be responsible for maintenance of all pipe and fittings from the meter to his premises. No alteration shall be made to any connection nor shall any connection be made to the city's reclaimed water system without the approval of the city. All connections or alterations shall be made by the city's public works department or by a contractor supervised by the city.
C. 
Cross-Connection Control. There shall be no cross-connections between the reclaimed water and potable water systems. The city shall coordinate with the water department to establish and obtain approval from the Washington State Department of Health a cross-connection control and inspection program pursuant to WAC 246-290-490. Where both reclaimed water and potable water are supplied to a reclaimed water use area, a "reduced pressure principle backflow" prevention device, or an approved "air gap separation" shall be installed at the potable water service connection to the reuse area.
The cost of such device and the installation thereof shall be borne by the owner of the premises affected. The installation and periodic testing shall conform to the provisions of WAC 248-54-500. No interconnection with private wells is allowed and inspection by the city to verify disconnection is required for continued reclaimed water service. An independent testing laboratory shall submit a test report indicating the backflow prevention device has been tested and is in conformance with this section. Annual testing and reporting shall be required.
D. 
Dwelling Unit. Reclaimed water shall not enter a dwelling unit or a building containing a dwelling unit except as specifically provided in the Water Reclamation and Reuse Standards.
E. 
Automatic Fire Sprinkler Systems. All buildings with an automatic fire sprinkler system connected to the city's reclaimed water system shall pay the same fees and rates as identified in the water ordinance. No reclaimed water shall be used through such connections or sprinkler system except for actual fire control.
F. 
Temporary Water Service for Construction. Temporary reclaimed water service from a reclaimed water fire hydrant for construction of any building, street, utility or similar project shall be provided at 80 percent of the lowest potable water rate tier as established by the city or as amended from time to time. A construction meter shall be required and application shall be made at the office of the public works department identifying location and reason for use of the reclaimed water. A deposit shall be collected as identified in the water ordinance. Upon completion of the project, return of construction meter and charges for consumed reclaimed water are paid for, return of the deposit shall be made to consumer.
The city shall provide a separate "purple meter" for connection to the reclaimed water system. Information shall be provided with the meter indicating the use of reclaimed water pursuant to the requirements of the reclaimed water and reuse standards.
Temporary connections to the reclaimed water system other than directly to a reclaimed water fire hydrant shall not be allowed.
G. 
Tank Trucks. Tank trucks and other equipment used to distribute reclaimed water shall be clearly identified with advisory signs. The tank trucks used to transport reclaimed water shall not be used to transport potable water that is used for drinking or other potable purposes. The tank trucks used to transport reclaimed water shall not be filled through on-board piping or hoses that may subsequently be used to fill tanks with water from a potable water supply. Tank trucks used to transport reclaimed water shall be inspected and approved for such use by the city prior to transporting reclaimed water.
H. 
Mandatory Reclaimed Water Use. The facilities plan update and subsequent comprehensive water reclamation plan identifies existing and planned reuse areas for consumptive beneficial use and ground water recharge areas. This information shall be used by city officials to mandate construction of reclaimed water distribution systems or other facilities in new and existing developments for current or future reclaimed water use as a condition of any development approval or continued potable water service if future reclamation facilities are proposed in the facilities plan indicating reclaimed water could adequately serve the development.
I. 
Conversion of Existing Potable Water System. Based upon the comprehensive water reclamation plan the city may require an existing potable water user to convert their irrigation and/or other nonpotable uses of water to the use of reclaimed water for potable water conservation purposes.
J. 
Implementation. Should a determination be made to convert an existing potable water use to reclaimed water, city versus user costs associated with the required connection shall be identified in the required execution of the user agreement. Once connected, the user shall pay the cost of reclaimed water consumed based on the terms of this chapter.
K. 
Objections – Appeals. The water customer may file a notice of objection with the city within 30 days after any notice of determination to comply is delivered or mailed to the customer, and may request reconsideration of the determination or may request a modification of the proposed conditions or schedule for conversion. The objection must be in writing and specify the reasons for the objection. The preliminary determination shall be final if the customer does not file a timely objection. The city administrator or designee shall review the objection with the objector, and shall confirm, modify or abandon the preliminary determination. Such decision may be appealed to the city council within 30 days.
L. 
Conditions. Upon application by a developer, owner or water customer (herein referred to as "applicant") for a land use approval, or other development project as defined by this code, staff shall review the facilities plan and any subsequent reclaimed water comprehensive plan and make a preliminary determination whether the subject property is required to be served with reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and provisions of a reclaimed water distribution system or other facilities for the use of reclaimed water, and an application for a user agreement for such use shall be required as a condition of approval of any such application, in addition to any other conditions of approval.
M. 
Alterations and Remodeling. On a case-by-case basis, upon application for an alteration or remodeling of multifamily, commercial or industrial structures (including, for example, hotels), staff shall review the facilities plan or subsequent comprehensive water reclamation plan update and make a preliminary determination whether the subject property shall be required to be served with reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and provision of reclaimed water distribution systems or other facilities for the use of reclaimed water, and application for a user agreement for such use, may be required as a condition of approval of the application.
(Ord. 684 § 5, 1999; Ord. 720 § 1, 2000; Ord. 779 §§ 1, 2, 2003)
A. 
Requested Service. On a case-by-case basis, upon application for a user agreement to use reclaimed water on a property not covered by YMC § 13.24.050, staff shall review the facilities plan and any subsequent comprehensive water reclamation plan and make a determination whether the subject property shall be served with reclaimed water. Based upon such determination, the application for the user agreement shall be accepted and processed.
B. 
User Agreement Conditions. The user agreement shall specify the design, construction, operation, maintenance and monitoring requirements for the applicant's planned use, based on the rules and regulations adopted pursuant to this chapter and shall require compliance with the Washington State Departments of Ecology and Health requirements (see Chapter 90.46 RCW), and requirements of the Water Reclamation and Reuse Standards.
The staff shall review plans for the reclaimed and nonreclaimed water distribution systems for the parcel and a field inspection conducted before the user agreement is granted. Reclaimed water shall not be supplied to a property until inspection by staff determines that the applicant is in compliance with the user agreement conditions.
C. 
Application. All applications for reclaimed water service shall be made at the office of the city public works department or at such other place as the council may thereafter designate by resolution and upon such form as may be prescribed by the city. Every such application shall be made by the owner of the property to be furnished reclaimed water, or by its authorized agent, and the applicant shall state fully and truly all the purposes for which the reclaimed water may be used. Reclaimed water service shall only be granted for use meeting the water reclamation and reuse standards and upon the execution of a reclaimed water user agreement.
D. 
Reclaimed Water User Agreement Process. Upon completion of the reuse agreement conditions, the agreement shall be scheduled for city council consideration.
E. 
Connection – General Requirements. When a permit has been obtained for the installation of reclaimed water service, the city shall cause the premises described in the application to be connected with the reclaimed water system by a service pipe extending from the reclaimed water main to the property line and a shutoff valve and reclaimed water meter placed within the right-of-way. Every separate user and premises shall have its own separate meter.
All connections to city's reclaimed water service shall conform to the standard specifications and regulations of the city.
F. 
Temporary Use of Potable Water. At the discretion of the city, potable water may be made available on a temporary basis until reclaimed water is available. Before the applicant receives temporary potable water, a water reclamation user agreement must be obtained for all reuse facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the reclaimed water user agreement and current requirements for service. Upon verification of compliance, reclaimed water can be served to the parcel for the agreed upon use. If the facilities are not in compliance, the applicant shall not receive potable or reclaimed water service.
Prior to making reclaimed water available, the potable water connection shall be removed and the on-site distribution system field tested to verify no cross-connections with the potable water system exist.
G. 
Installation of Main. Whenever application is made for reclaimed water service to a premises with no reclaimed water main in the adjacent street, a standard reclaimed water main must be installed prior to connection. The installation of such standard mains shall conform to the comprehensive reclaimed water plan.
A reclaimed water main shall be installed by and at the expense of the owner(s) of the premises to be served thereby, pursuant to plans reviewed by the city and approved by the city engineer. In such cases the city will contract with the owner(s) to provide for reimbursement of the costs of design and construction of such main over a period not to exceed 15 years pursuant to the provisions of Chapter 35.92 RCW. The actual cost must be approved by the city showing the method of determining benefit cost. The council shall record the contract in the office of the county auditor upon acceptance of construction of the main.
The owner may elect to have a reclaimed water main installed by the city upon making payment to the city of the appropriate main extension charges as provided for in the water ordinance.
H. 
Water Meters. All service connections to the city reclaimed water system shall be metered. Reclaimed water meters shall be sized to provide adequate flow of reclaimed water to the customer. Minimum water meter sizes shall ordinarily be determined from the maximum flow requirements for the user as determined by an engineering study. All water meters shall be American Water Works Association (AWWA) approved.
(Ord. 684 § 6, 1999; Ord. 720 § 1, 2000; Ord. 779 § 3, 2003)
A. 
Reclaimed Water Rate. The rate charged for reclaimed water shall be set at 80 percent of the lowest potable water rate tier as established by the city or as amended from time to time. Special circumstances may be taken into consideration to allow for a different rate. Such special circumstances and rates shall be identified in the user agreement and approved by the city council.
B. 
To encourage use of reclaimed water in lieu of potable water and to advance the use of reclaimed water throughout the city service area, there is no equivalent residential unit/hookup fee to the reclaimed water system, except the user shall pay the appropriate meter charge as identified in the city's water ordinance. Monthly base fees will apply when the meter is active and ready for use, regardless of consumption during this period. The meter will be read and billed on a monthly basis and charged according to the established water rates as set by the city council. Irrigation meters shall be locked by the city at the end of the irrigation season as determined by the city. Service shall be restored by requesting utility service at the start of the irrigation season. In every case, title to the reclaimed water meter, meter box and service connection lines shall remain with the city.
C. 
Billing and Payments. Monthly statements of charges for reclaimed water service shall be due and payable at the office of the city clerk/treasurer or at such other place or places designated by him/her on or before the fifteenth of the month and are deemed delinquent thereafter. Delinquent accounts will be assessed a penalty as identified in the water ordinance. Statements shall cover service charges for the period shown thereon and shall be forwarded by mail to the customer as soon as practicable after each service period.
D. 
Nonpayment of Charges. Reclaimed water service terminated for nonpayment shall not be restored to the nonpaying user until all delinquent charges, together with a service fee as identified in the water ordinance for restoring services, are paid.
(Ord. 684 § 7, 1999; Ord. 720 § 1, 2000; Ord. 779 § 4, 2003; Ord. 988 § 1, 2014)
A. 
Rules and Regulations. The city administrator is charged with administration and enforcement of this chapter. Reclaimed water service to any premises served by the city reclaimed water system may be discontinued for any violation or abridgement of the provisions of this chapter or the user agreement, after due notice thereof. In the event reclaimed water service is discontinued for failure to comply with provisions of this chapter it shall remain terminated for the duration of such noncompliance.
B. 
Inspection of Premises. Authorized employees of the public works department, properly identified, shall have free access at reasonable hours of the day, to all premises served by the city's reuse system for the purpose of ascertaining conformity to this chapter, the Water Reclamation and Reuse Standards and the city's NPDES permit.
C. 
Sprinkling During Fires Prohibited. It is unlawful for any person to knowingly use reclaimed water for a lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or disaster within the area served by the city's reclaimed water system.
D. 
Damaging or Interfering with Water System. It is unlawful for any person to wilfully disturb, break, deface, or damage any reclaimed water fire hydrant, reclaimed water meter, gate valve, water pipe or other reclaimed waterworks appurtenance together with the buildings, grounds and improvements thereon belonging to or connected with the reclaimed water system of the city in any manner whatsoever, including all reclaimed water features located at Cochrane Memorial Park. It is unlawful for any person to open, close, turn or interfere with, or attempt to, or to connect with any reclaimed water fire hydrant, valve, or pipe belonging to the city unless authorized by the city in writing; provided, that this rule shall not apply to members of the city department or such other fire department duly authorized to operate fire hydrants while acting in such capacity.
It is unlawful for any person to throw refuse or any substance into any city reclaimed water reservoir, feature or system or to throw any deleterious matter into or upon any part of the city's reclaimed water treatment system, reclaimed water supply system or water reuse system, including Cochrane Memorial Park.
E. 
Public. The use of reclaimed water by any person or entity in any manner in violation of this chapter or of any user agreement issued hereunder is subject to prosecution for a misdemeanor.
F. 
Injunction. Whenever a discharge of wastes or use of reclaimed water is in violation or threatens to cause a violation of this chapter, the city attorney may seek injunctive relief as maybe appropriate to enjoin such discharge or use.
G. 
User Agreement Revocation. In addition to any other statute or rule authorizing termination of reclaimed water service, the city may revoke a reclaimed water user agreement issued hereunder if a violation of any provision of this chapter is found to exist or if a discharge of wastes or use of reclaimed water causes or threatens to cause violation of this chapter.
H. 
Penalty. Any owner and/or operator who violates this chapter shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1,000. In addition, reclaimed water and potable water service to the property may be discontinued.
(Ord. 684 § 8, 1999; Ord. 720 § 1, 2000)
A. 
Premises lying within the Yelm urban growth area (UGA) shall annex to the city as a condition of reclaimed water connection. Alternately, the city may elect to defer annexation and require execution of an agreement described in subsection B of this section.
B. 
Premises not annexed as a condition of reclaimed water service may receive such service only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation and/or a special irrevocable power of attorney authorizing annexation at such time as the city determines the premises is to be annexed to the city.
1. 
Application fees as established by the city council must be paid upon the submittal of a signed agreement requesting reclaimed water service for premises outside the city;
2. 
The cost of the reclaimed water extension must be borne in whole by the applicant for such services, subject to any provisions in effect at the time of connection for latecomer reimbursement;
3. 
The agreement may not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement is required for any extension of project applications or approvals or when, in the opinion of the director of public services, a substantial change or addition is made to the project.
C. 
Following execution, such agreement must be recorded by the city in the chain of title for such premises in the records of the Thurston County auditor.
(Ord. 1121, 2024)