The Tribal Utility and Environmental Services provided by the Utility Department shall include domestic water, sewer, and appurtenances, and services provided by a third-party and overseen by the Utility Department shall include the collection of garbage and recycling. Additional services may be provided upon recommendation by the Utility Board, and approval by the Tribal Council.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services,” to add third-party garbage and recycling collection to the list of services overseen by the Utility Department, and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board is responsible for providing safe, adequate water for a fee to those houses, businesses and institutions connected to the Distribution System Lines of the community water system. Responsibility for maintenance will include water sources, storage tanks, controls, Distribution System Lines, meters, valves and hydrants, and service lines to the curb stops or meters only. The service line from the curb stop or meter to the house and interior house plumbing are the responsibility of the customer. The individual household water meters are owned by the Utility Department and it is the responsibility of the Department to maintain those meters.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
All homes hereafter that are connected to the community water system are required to install a water meter. All meters for the measurement of utility services provided shall be installed in the location specified by and in accordance with the requirements of the Utility Department. All such meters shall be the property of the Utility Department and shall be maintained by it. All meters shall remain accessible to Utility Department personnel and no person shall obstruct or tamper with any meter. Such obstruction or tampering shall be a violation of this Code and subject the violator to actual damages and civil penalties under this Code. The holder of the lot assignment, homebuyer or renter where the meter is located shall be responsible for all damage to, tampering with, or turning the valve on the meter.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The holder of the lot assignment, homebuyer or renter of each lot or parcel of real property within an area served by the tribal water system, and where the community water or sewer system is within 200 feet of any dwelling, business or water or sewer service using activity and to which service by such public or community water or sewer system is available, is hereby required, at his or her expense, to connect such facilities to the community water or sewer system in accordance with the provisions of this code. Such installations and connections must be made within 60 days after the date of mailing or personal service by the utility addressed to the holder of the lot assignment, homebuyer or renter to be served notifying such person or entity to make such connection unless such time shall be extended by the Utility Department.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
No person shall obtain water or sewer services from Utility Department facilities without authorization. Any person who obtains such unauthorized service by connecting to Utility Department facilities without authorization or by bypassing or tampering with any meter shall be liable to the Utility Department for actual costs and penalties.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The Utility Department is responsible to provide sanitary disposal of domestic liquid waste, for a fee, to those houses connected to the Collection System Lines of the community sewer system. Responsibility for maintenance includes treatment facilities, pumping stations, mainlines, manholes, step pumps, and service lines to the inlet of the septic tank. The service line from the septic tank inlet to the house, and interior house plumbing are the responsibility of the customer.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The Utility Department is responsible for overseeing, but not directly providing, the sanitary disposal of domestic solid waste, for a fee, and recycling services to those houses within the Reservation; this service is provided by a third-party.
(Res. 23-A-110, 9/5/2023)
(a) 
Residents within the Reservation may also opt into receiving internet provided by the Tribe’s Information Technology Department, subject to any eligibility requirements imposed by the Tribe.
(b) 
Billing for such services will be done in accordance with this Title; the Utility Board will provide oversight and guidance over rates and other Internet billing matters, including the process and eligibility of new service connections.
(c) 
The Information Technology Department is responsible for the operation, connection, and maintenance of the internet service provided by the Tribe, including resolving technical issues and service interruptions.
(d) 
Hardware & Other Equipment:
(i) 
All hardware and other equipment placed on the property or otherwise provided to the customer by the Information Technology Department remains property of the Tribe, except if otherwise stated by specific agreement. The customer shall be liable for any damage to such equipment that is attributable to the customer’s action or inaction. Failure to pay for damages shall be grounds for disconnection and/or any other sanction provided for in this code.
(ii) 
The Information Technology Department shall not be responsible for, nor shall it maintain or repair, any private hardware or other equipment, except by specific agreement establishing fair rates of compensation to the Tribe, and that is approved and signed by the Utility Board and the customer.
(Res. 23-A-110, 9/5/2023)
At some future date the Utility Department may assume responsibility to provide any other utility services that are authorized by the Utility Board and by Tribal Council resolution.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Department shall develop and follow a regular schedule of maintenance service for each water and sewer system and components thereof.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
Existing Tribal Staff may be used and employed by the Utility Department to provide necessary maintenance and management services through agreements approved by the Tribal Council and the Utility Board. The specific personnel policies of the Tribe shall be followed, including the Confined Space Entry Policy. Job descriptions for all employees will be developed and followed.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services,” to reference the Tribe’s Confined Space Entry Policy, to state that a personnel recommendation from the Utility Board would be made to the Utility Department Director, and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
All Utility Department equipment shall be maintained according to the established maintenance schedule and quickly repaired when necessary so that disruptions in service are minimized.
Utility Department tools and equipment are not for personal use. Equipment shall not be loaned to other Tribal departments. A record of tools and the individual to whom they were assigned shall be maintained.
Individuals will be held responsible for the security of tools and supplies that are assigned to them.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
An accurate inventory of tools, equipment, and supplies will be kept up to date. A reserve supply of repair parts and regularly used supplies will be maintained by the Department. A list shall be kept of local suppliers of repair parts, replacement equipment and expendable supplies.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
Any person filing a complaint or seeking information shall be given assistance in a courteous manner. Complaints may be presented verbally and in writing to the Utility Board for resolution and action. The Utility Board will resolve such complaints at the next regularly scheduled meeting of the Board.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
An emergency notification plan will be developed by the Utility Board and reviewed annually for notifying residents and visitors of:
A. 
Discontinued service for more than eight (8) hours.
B. 
Substandard conditions in water quality. This includes bacteriological, chemical or physical quality deficiencies.
C. 
Any other conditions which may adversely affect the health of the community residents or visitors.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
All employees that are newly assigned to operate the utility systems shall receive appropriate training.
Regular operators should receive up to 40 hours of formal instruction per year. The Utility Board will assure that operators maintain current knowledge of water and wastewater systems operation techniques.
A training plan for the system operators shall be developed which will provide for upgrading of knowledge and skills in water and sewer utility operations, maintenance and management. The goal of the training program shall be to meet Washington State certification requirements as an Operator or Manager.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Department shall not be responsible for, nor shall it maintain or repair, any private or domestic water or sewer system, garbage, roads or lighting except by specific agreement establishing fair rates of compensation to the Department, and that is approved and signed by the Utility Board and owner of such facilities. The Department shall not be liable for any loss or damage beyond its control resulting from any defect in, or damage to, a customer’s water or sewer lines or fixtures, garbage storage facilities, driveways or parking lots, hydrants or lighting.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Department, or its authorized representative, is hereby authorized to make limited, reasonable inspections, at reasonable times, of any grounds, building or residence served by the Utility Department to the extent necessary to ensure that customer utility fixtures, lines and equipment are not being operated in a manner that would likely disrupt or interfere with utility services. Except in cases of emergency where life, limb, or property are threatened, or in cases of immediate water shortages, the Department shall give the customer at least 24 hours notice prior to requesting permission to enter and inspect. If permission to enter and inspect is denied or impeded in any way, the Department shall obtain a court order authorizing such entry and inspection. Where the permission to enter and inspect is unreasonably withheld, the Department may assess costs and related expenses and add them to the affected customer’s bill.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The Department may shut off water or sewer service, provided that advance notice has been given to affected customers. The Department may disrupt traffic on the public right-of-way to perform repairs, provided that advance notice has been given to the Tribe. In cases of emergencies where loss of life, limb or property is threatened, or in cases of immediate water shortage, service may be disrupted without advance notice. The Department shall not be responsible for consequent damage resulting from authorized disruptions of Tribal Utilities and Environmental Services.
The Department shall not be liable for any associated damages or delay caused by the breaking or leaking of any pipe, valve, fixture or other contrivance as a result of the lack of water or sewer to or from any mains, services, hydrants, lines or reservoirs during authorized disruptions of service.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services.”)
No connection to, re-connection with, disconnections from, or other private use of any Department water or sewer system, road, appurtenance or other utility service or facility shall be made without written permission from the Utility Department. No construction of any private water or sewer system, or other private utility is authorized without written permission from the Utility Department. The Utility Department may require such plans from the applicant as it determines are necessary to decide whether or not permission should be granted.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to move the approval authority for new connections to Tribal utilities or construction of private water or sewer systems from the Committee to the Department.)
In cases of a water shortage declared by the Utility Department, the Department shall regulate the amount of water any customer may be allocated. The Utility Board also may give preference to the customers and/or amounts of water to be allocated, provided the Utility Board allocates water according to public necessity of convenience, and provides for fair allocations between customers. Any customer violating a legal allocation may have their water service discontinued. Service shall be resumed only upon payment of the approved reconnection fee and any penalties.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board reserves the right to terminate customer’s service when the customer has repeatedly, unduly wasted water. Such undue waste is evidenced by the fact that hydrants, taps, hoses and other fixtures are permitted to run continuously when not in productive use. Where such conditions have been observed, the Utility Department shall notify the customer of the condition and may terminate water to the premises if the condition is not corrected within 12 hours after receipt of the notice by the customer. Service shall be resumed only after correction of the condition causing a wastage of water and payment by the customer of the approved reconnection fee, penalties and any other accounts in arrears to the Utility Board.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Department shall conduct operation, maintenance and repair services in a manner that will maximize the conservation of natural, financial, and property resources. Customers of the Department shall be encouraged to conserve water resources and to limit water use as necessary to provide a comfortable, healthy and aesthetically pleasing life style. The Department may offer assistance and service to customers for water conservation and other material resources conservation and recovery as determined to be feasible by the Utility Board.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
Any building within the service area of the Utility Department shall be eligible for services, provided all of the following conditions are met:
1. 
The existing facilities are adequate to meet the additional load, as determined by the Utility Department or its engineers.
2. 
The new customer agrees to adhere to this Code.
3. 
Approval is given by the Utility Board.
4. 
With New Connections - Water Conservation: New or existing homes or buildings which are not connected to the community water system at the time of adoption of this code, shall not be allowed to connect to the community water system unless the said facility is equipped with the following water conservation devices which consume water at a maximum of:
*2 gpm for shower heads;
*2-1/2 gpm for kitchen faucets/aerators;
*1 gpm for urinals;
*1.5 gpm for lavatory faucets/aerators;
*1.6 gpm for ultra low flow toilets.
All applicants for new service must be able to show proof that the above conservation devices are or will be installed prior to connection to the community system.
5. 
With New Connections - Sewer System Provisions. Homes and other buildings which are not connected to the community sewer system at the time it begins operation shall not be allowed to connect to the system unless the structure has a back-up drainfield. Exceptions to this rule can be granted by the Utility Board if it is not practical or if soils cannot pass a percolation test.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)