13.07.020 Connection to City Water System:
A. Purpose. The requirement to connect to the City water system is to reduce the need for Group A and B water systems; and to reduce well bore holes, which are potential contamination sources.
B. New Buildings. All newly constructed buildings that will have human occupancy, as defined in the building code, shall be connected to the City water system.
C. Existing Buildings. Owners of all existing buildings that have human occupancy, as defined by the building code, that are within two hundred feet (200') of the City water system shall be required to connect to the City water system within six (6) months of City notification; provided, that single and duplex residences will not be required to connect if the cost of making the connection exceeds nine thousand dollars ($9,000). All connections shall be at the owner’s expense.
D. Private Water Systems. Properties that are connected to a private water system that is approved by the Department of Health are exempt from this chapter.
E. Water Service Review – Appeal.
1. Purpose. Under the Public Water System Coordination Act of 1977, Grant County established a coordinated water system plan (CWSP) on October 13, 1999, to manage future development of public water supply. The CWSP priority and policy framework is for development within a water utility retail service area to obtain water service from the utility. Section V of the 1999 CWSP provides for a utility service review procedure and further provides that any disputes arising within incorporated areas be resolved through the procedures established by that city.
2. Appeal and Review Process Established.
a. Application. The City has several water service utility providers within its incorporated limits, each with its own service area. This appeal process is limited to service issues related to those water service utility providers within the incorporated City limits and does not apply to water service from the City.
b. Moses Lake Utilities Technical Review Committee. There is established a Moses Lake Utilities Technical Review Committee (MLUTRC) comprised of the Municipal Services Director, Community Development Director, Fire Chief, and City Manager.
c. Filing Notice of Appeal. The applicant shall first go through the water utility’s dispute resolution process, if there is one. If there is no dispute resolution process provided for by the water utility, the applicant shall next use this administrative dispute resolution process by requesting that the MLUTRC review the application. MLUTRC review is initiated by the filing of a two hundred fifty dollar ($250.00) fee and the completed notice and statement of appeal form with the Community Development Department. Forms are available at the Community Development Department. Applicant must provide a copy of the notice and statement of appeal to the water utility and shall file proof of service with the filing of the notice and statement of appeal. Following the filing of a completed notice and statement of appeal, appeal fee, and proof of service on the water utility, the water utility shall be given ten (10) business days within which to file its response to notice and statement of appeal with the MLUTRC. Forms are available at the Community Development Department. The MLUTRC shall provide the parties with a review schedule not to exceed forty-five (45) days from the date of receipt of the water utility’s response to notice and statement of appeal. The review schedule shall include timelines for receiving information and evidence, including any briefings or other legal and factual support for the parties’ positions. The written decision of the MLUTRC shall be provided to the parties within fifteen (15) business days following closure of the record.
d. Effect of MLUTRC’s Decision. The decision of the MLUTRC is final unless appealed to the Moses Lake Hearing Examiner pursuant to Chapter 18.80.
3. Issues Subject to Appeal and Review. Issues subject to review are limited to the following:
a. Interpretation and application of water utility service area boundaries where applicable;
b. Proposed schedule for providing service;
c. Conditions of service (excluding published rates and fees);
d. Minimum design standards as adopted in the CWSP, or more stringent standards as contained in a utility water system plan approved by DOH. (Ord. 2950, 5/12/20; Ord. 2737, 11/11/14; Ord. 2396, 5/27/08; Ord. 2207, 5/24/05)