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HomeMy WebLinkAbout001-26 - Ordinance - Water and Sewerage Systems, Title 13Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 ORDINANCE NO. 001-26 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY WATER AND SEWERAGE SYSTEMS; ADOPTING PORT ORCHARD MUNICIPAL CODE SECTION 13.07.055; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 13.07.070, 13.07.090, 13.07.100, 13.05.080, 13.05.090 AND 13.04.100; PROVIDING FOR SEVERABILITY AND PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard operates water and sanitary sewerage systems and has adopted regulations for the operation and use of these utilities, codified at Title 13 of the Port Orchard Municipal Code (POMC); and WHEREAS, in 2023, the City Council adopted Ordinance No. 020-23, codified at Chapters 13.04 and 13.07 of the Port Orchard Municipal Code, to enhance existing regulations and requirements for the control of the discharge of fats, oils and grease to the City's sewerage system, and to enhance existing regulations and requirements for the protection of the public water systems from contamination via cross -connections and backflow incidents; and WHEREAS, since adoption, evolving operational conditions and newly identified impacts that warrant targeted amendments to Chapters 13.04, 13.05, and 13.07, to clarify regulatory standards, address identified gaps, and safeguard public infrastructure and environmental quality; and WHEREAS, the City Council recently amended Chapter 2.65 POMC governing enforcement tools and procedures for transparency, and related amendments to Chapters 13.04 and 13.07 are necessary for continuity and correct cross-referencing; and WHEREAS, this Ordinance and the amendments set forth herein are enacted as an exercise of the police power authority of the City of Port Orchard to protect and preserve the public health and welfare; and WHEREAS, the City Council, after careful consideration of the proposed amendments and all public comments, finds that the proposed amendments are consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that adoption of the code language herein is in the best interests of the residents of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Adoption. New Port Orchard Municipal Code Section 13.07.055, is hereby adopted to read as follows: Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 Ordinance No. 001-26 Page 2 of 7 13.07.055 Exceptions to Mandatory Premise Isolation (1) An exception to mandatory premise isolation as required under WAC 246-290-490(4)(b)(i), (ii), (iii) and (Table 13, formerly codified as Table 9) may be granted where plumbing deviates from the expected standard in such a way that cross -connections are eliminated. This includes:(a) Medical/Health Services Facilities not having laboratories or similar facilities, with no water -connected X-ray equipment (b) Dental Offices having independent water supplies for dental work and digital X-ray equipment (c) Bottling Plants without bottling processes (d) Laundry or Dry Cleaners without cleaning processes on premises (e) Marina or Dock for small boat moorage only (f) Agricultural Premises with hobby farm activities only (g) Mortuary facility with funeral services only (h) Digital film printing with no water -connected equipment and/or self-contained film processing operations with no water -connected equipment and using only pre- packaged/pre-mixed chemicals (i) Nursing or boarding home with no water -connected medical equipment, specialized plumbing, or other hazards (j) Other facilities as evaluated by the City CCS or designee on a case -by -case basis (2) The city CCS shall evaluate all requests for exception as follows: (a) Existing construction shall be subject to a risk assessment survey and operational monitoring as appropriate. (b) New construction shall be required to implement premise isolation regardless of plumbing deviations (3) Exceptions granted by the city CCS shall last for one year from the date of issuance. A risk assessment survey conducted by the city CCS shall be required annually for continued renewal of the exception. (4) Exceptions granted by the city CCS may be terminated by the city CCS for any reason, including but not limited to the following: Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 Ordinance No. 001-26 Page 3 of 7 (a) Establishment of conditions consistent with high hazard cross -connections or WAC 246-290-490(4)(b)(i), (ii), (iii) and (Table 13, formerly codified as Table 9) (b) Change of occupant business operations, such as but not limited to tenant improvements and changes of ownership with or without modification of plumbing (c) Expiration of a previously granted exception without a risk assessment survey conducted in the previous year SECTION 2. Amendment. Port Orchard Municipal Code Section 13.07.070, New construction, is hereby amended in part to read as follows: (4) Backflow preventers, when required, shall be installed and tested before the water service is activated. A city CCS shall advise the customer that it is the customer's responsibility to install the backflow preventer and have it tested by a Washington State certified backflow assembly tester (BAT) prior to use of the water service, and that annual testing and documentation is required thereafter. *** SECTION 3. Amendment. Port Orchard Municipal Code Section 13.07.090, Records and reports, is hereby amended in part to read as follows: 13.07.090 Records and reports. (1) The city of Port Orchard's cross -connection control program files shall include files for each customer requiring the installation of a premises isolation backflow prevention assembly. A computer software database may be utilized, in part or full, for compiling and extracting information required for tracking compliance as well as Department of Health annual reporting. (2) The following information shall be maintained: (a) Copies of all correspondence with customer relative to cross -connection control. (b) Copies of evaluation reports, complete with field drawings (if applicable). (c) Copies of all completed backflow assembly test report forms. (d) Copies of all reports or correspondence pertaining to enforcement action, cross - connections, or backflow incidents. Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 Ordinance No. 001-26 Page 4 of 7 (3) The city CCS shall assign a test due date for each backflow prevention assembly and shall make every effort to provide notice to the customer of the testing due date. Annual backflow assembly testing will be required by the City established due date regardless of the actual date previous tests were performed. SECTION 4. Amendment. Port Orchard Municipal Code Section 13.07.100, Enforcement, is hereby amended in part to read as follows: 13.07.100 Enforcement. Unprotected cross -connections which are declared by this chapter to be unlawful, whether presently existing or hereinafter installed, as well as any customer who has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, are hereby declared to be public nuisances. In addition to any other provisions of the Port Orchard Municipal Code pertaining enforcement, including but not limited to Chapter 2.64 POMC, and in addition to any other enforcement methods authorized by an ordinance of the city or local or state law, these violations may be subject to abatement and enforcement through any of the following methods (at the discretion of the director or designee): (6) Termination of Water Services. The city shall have authority to terminate water services to any customer upon determining that such customer has: (a) refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any provision of this chapter including failure to install or test a backflow assembly; or (c) violated any lawful order of the city issued with respect to this chapter. The city will attempt to provide reasonable notice to tenants and owners prior to water service being terminated, but if the city determines the cross -connection or other violation of this code presents an imminent and serious threat to the public water system, the city may immediately terminate the customer's water service, the notice rights set forth herein notwithstanding. Service will be restored after the customer has made arrangements to come into compliance and paid a disconnect/connect charge, as established in POMC 13.04.050. If a customer makes arrangements for compliance and payment after 4:30 p.m., the water will not be reconnected until the next morning. If a customer wishes to have their water reconnected after 4:30 p.m., they will be charged after- hours rates per POMC 13.04.055. SECTION 5. Amendment. Port Orchard Municipal Code Section 13.05.080, Enforcement, is hereby amended in part to read as follows: Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 Ordinance No. 001-26 Page 5 of 7 13.05.080 Enforcement. (6) Violations of any provision of this chapter, or an order issued hereunder, are hereby declared to be public nuisances. In addition to any other provisions of the Port Orchard Municipal Code, including but not limited to Chapter 2.64 POMC, and in addition to any other enforcement methods authorized by an ordinance of the city or local or state law, these violations may be subject to abatement and enforcement through any of the following methods (at the discretion of the director or designee): (a) Notice of Violation. Whenever the city finds that any customer has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, the city may serve upon such customer a written notice of the violation that will include a minimum of an additional 10 days to comply and notification that water services will be terminated on the next business day following the specified due date. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (b) Compliance Orders. Whenever the city finds that a customer has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the city may issue a compliance order to the customer responsible for the violation. This order shall direct that the violation condition be abated, and all associated appurtenances maintained. The order shall specify that water services shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken. A compliance order may not extend the deadline for compliance beyond any applicable state or federal deadlines, nor does a compliance order release the customer from liability from any past, present, or continuing violation(s). Issuance of a compliance order shall not be a prerequisite to taking any other action against the customer. Failure to comply with any terms or requirements of a compliance order by a customer shall be an additional and independent basis for termination of water services or any other enforcement action authorized under this chapter and deemed appropriate by the city. (c) Cease and Desist Orders. The city may issue a cease and desist order upon finding a customer has violated or is violating this chapter. The decision to issue a cease and desist order shall consider the likelihood that a customer's violations could cause a severe threat to the public and/or sewer system. The order issued by the city will direct the customer to cease and desist all such violations and to: (i) immediately cease such actions creating a condition in which a discharge violation occurs; (ii) comply with all applicable fats, oils, and grease discharge standards and requirements; (iii) take such appropriate action as may be needed to properly address a continuing or threatened violation, including halting operations. Issuance of a cease Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 Ordinance No. 001-26 Page 6 of 7 and desist order shall not be a bar against, or prerequisite for, taking any other action against the customer. SECTION 6. Amendment. Port Orchard Municipal Code Section 13.05.090, Penalties, is hereby amended in part to read as follows: 13.05.090 Penalties. (2) Termination of Water Services. The city shall have authority to terminate water services to any customer upon determining that such customer has: (a) refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any provision of this chapter; or (c) violated any lawful order of the city issued with respect to this chapter. The city will attempt to provide reasonable notice to tenants and owners prior to water service being terminated, but if the city determines the violation of this code presents an imminent and serious threat to the environment, public health or public utilities, the city may immediately terminate the customer's water service, the notice rights set forth herein notwithstanding. Service will be restored after the customer has made arrangements to come into compliance and paid a disconnect/connect charge, as established in POMC 13.04.050. If a customer makes arrangements for compliance and payment after 4:30 p.m., the water will not be reconnected until the next morning. If a customer wishes to have their water reconnected after 4:30 p.m., they will be charged after-hours rates per POMC 13.04.055. SECTION 7. Amendment. Port Orchard Municipal Code Section 13.04.100, Cross connections, is hereby amended in part to read as follows: 13.04.100 Cross connections. The installation or maintenance of any cross connection which would endanger the water supply of the city of Port Orchard is prohibited. Such cross connections are declared to be a public health hazard and shall be abated. The control or elimination of cross connections shall be in accordance with WAC 246-290-490. It shall be the responsibility of the city to protect the potable water system from contamination or pollution due to cross connections. Water service to any premises shall be contingent upon the customer providing cross connection control in a manner approved by the city engineer. The city engineer, or their designated representative with proper identification, shall have free access at reasonable hours of the day to all parts of the premises or within the building to which Docusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8 Ordinance No. 001-26 Page 7 of 7 the water is supplied. Water service may be refused or terminated to any premises for failure to allow necessary inspections. In all areas where this provision and Chapter 13.07 POMC "Cross -Connection Control" conflict, Chapter 13.07 POMC "Cross -Connection Control" shall take precedence unless otherwise specified. SECTION 8. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 9. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and effect on February 18, 2026, which is at least five days after adoption and publication of this ordinance, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 10th day of February 2026. Signed by: Doti Robert Putaansuu, Mayor A ded by: UJ Au - Brandy Wallace, MMC, City Clerk `�`QiRT e� r AP nY AS TO FORM: _•SEAL•- �p Charlotte A. Archer, City Attorney '•,��'.M9tGR�; '.- PUBLISHED: February 13, 2026 EFFECTIVE DATE: February 18, 2026