Section 5.4.

Water service

Article 5.4.1.
Permits

5.4.1.1.
All permits must be obtained by the Club for services that require work in the County Right-of-way.

5.4.1.2.
After obtaining a building permit, a member desiring a water service shall apply to the Operations Staff on duty.  Operations Staff will give the member a blank form titled "Notice of Temporary Approval for Water Connection".  Member must complete and sign the form with signature to be notarized, and return to Operations Staff.  The LISECC bookkeeper will submit the completed form for recording by Whatcom County and the expense will be invoiced to the member's LISECC account.  The temporary water connection is valid for one year from the date of connection.  Member can request a one-time extension, not to exceed one year, provided member is in good standing and in the process of obtaining a building permit.  All service connections are subject to provisions of Bylaw section 4.6.  All services will be placed from the main to the property line by the club as set forth in Article 5.4.2.

Article 5.4.2.
Connections

5.4.2.1.
All lots, except dues exempt lots, are entitled to one hookup to the club-owned water system. The cost of the hookup, materials, labor, and meter are to be paid for by the owner of the lot. A new hook up will have a service charge of $800 plus the additional cost of materials and labor to be paid for by the owner of the lot. 

5.4.2.2.
Single lot services shall not be made with less than 3/4" pipe from main to lot line.

5.4.2.3.
Dual lot services (one hookup for two lots) shall not be made with less than 1" pipe from main to lot line.

5.4.2.4.
All street cuts must be replaced to their original condition. Oil mats must be replaced with asphalt not less than 2" thick to meet County standards.

5.4.2.5.
All new and replacement hookups must have a standard corporation (shutoff) at the main and have a standard stop and waste at the property line at owners’ expense.

5.4.2.6.
When meters are required, the club will install the meter and meter box. The owner will be billed.

5.4.2.7.
No hookup will be permitted to any lot or lots upon which the club dues and assessments are not paid in full.

5.4.2.8.
WHEREAS, the Lummi Island Scenic Estates Community Club, Inc. (the “Association”) as a result of a vote of the Membership at a Special Meeting held on November 5, 2011, has determined that the Drinking Water State Revolving Fund (DWSRF) loan shall be repaid by all dues-paying members LISECC;

WHEREAS, the Association completed the DWRSF Loan scope of work at a lower cost than projected, and the resulting outstanding loan principal balance as of November 5, 2011 is $520,814.70;

WHEREAS, the member payment terminology used in the prior Resolution Article 5.4.2.8 has created confusion as to the intent and usage of monies collected;

WHEREAS, fees need to be set at an amount adequate to provide for such loan repayment until the end of the repayment period stated in the DWSRF loan contract between LISECC and the Washington State Department of Commerce, Trade and Development (CTED);

NOW, THEREFORE, BE IT HEREBY RESOLVED:

An annual Water Loan repayment fee shall be assessed for all LISECC dues paying members, on a prorata basis, in an amount sufficient to pay the annual DWSRF loan fee effective January, 2012 through December 2028. The annual water loan repayment fee shall be deposited to the dedicated account for loan repayment per Section 1.10. Dedicated Account for Loan Repayment of the Contract.

A monthly Water Ready to Serve Fee will be assessed for all LISECC members with a water connection. This will be a base rate with a tiered increase based on volume to motivate conservation. This fee is for operations to produce water, not for loan repayment.

ADOPTED by the Board of Directors of the Lummi Island Scenic Estates Community Club, Inc. at a board meeting held on December 4, 2011. 

Article 5.4.3.
Penalties

5.4.3.1.
Water may be shut off on any lot upon which the club dues, assessments, charges, interest, fines or penalties are overdue.  The cost of disconnection and reconnection shall be billed to the lot owner's account, which must be paid in full before water will be reconnected.  Dues and assessments will be considered overdue on 1 February for the purposes of this paragraph.  Water may be shut off on April 1.  All other charges, interest, fines or penalties will be considered overdue 30 days after invoice.  Water may be shut off after invoices are over 90 days late.

5.4.3.2.
All components of the water system located after the meter are considered the property and responsibility of the member. Any faults in this section that result in wasted water must be repaired in a timely manner at the member’s expense. The LISECC staff assess for leaks on a weekly basis and immediately report any anomalies to the member. The member is responsible for the full quantity of water reflected in the water use assessment. Failure to address a chronic leak could result in water being shut off or disconnected, along with the fees and assessments reflected in 5.4.3.1. All shut-off and reconnection fees must be paid in full before water service is restored.

5.4.3.2.1
If a member feels that significant contributory circumstances are present in a given situation, he or she may present these circumstances to the Board at a monthly Board of Directors’ meeting. At this time the member can request a one-time release from the extra water usage charges associated with a major leak. The board will consider the circumstances as presented and render a decision no later than the following Board meeting. The member remains responsible for fixing the leak regardless of the Board’s decision. It must be underscored that any release from fiscal responsibility will be a one-time exception, not to be repeated at a later time. The Board considers these appeals on a case-by-case basis and in no way guarantees a release from debt.

5.4.3.3.
For a simple shut off requested by a member or in response to an identified leak, the member shall be billed $25. A typical reason for a member to request such might be for temporary seasonal shut off.

For a disconnection (or lock out) pursuant to Rules and Regulations 5.4.3.1 and Policy 7, the member shall be billed $150.

If a water connection has been terminated pursuant to Rules and Regulations 5.4.3.1 and Policy 7 or at the request of the member (voluntary disconnect), reconnection is dependent upon availability of service connections and is not guaranteed. Reconnection shall require all of the following:

I. Payment of all past due amounts (dues, assessments, charges, interest, fines, penalties, late charges, costs of collection, attorney fees incurred by LISECC, and judgments) or member compliance with an LISECC approved payment plan at the discretion of the LISECC Board of Directors.

II. Confirmation of the availability of a water connection.

III. Payment of a reconnection fee in the amount of $150 plus all costs that may include a back flow prevention device, associated box, installation, and annual inspection as stipulated in Policy Statement 7, Dues and Assessments.

Article 5.4.4.
Water use conservation

The following additions to LISECC rules and regulations address the Municipal Water Law.

5.4.4.1.
Declaration of a water supply shortage

Upon declaration of a water supply shortage or other emergency conditions for LISECC by a majority of its Board of Directors, LISECC shall be authorized and empowered to impose such restrictions as necessary to conserve and maintain adequate reserves to operate its municipal water supply. The Board will determine and announce LISECC’s water shortage level within 48 hours of the following conditions being met.

1. When rolling weekly average water usage rate are below 25%, there is no ongoing water shortage and the usage level is set at the normal level.

2. The conserve level will be activated when the rolling weekly average water usage reaches 25% of LISECC’s average daily water supply capacity.

3. The restricted level will be activated when the rolling weekly average water usage rate reaches 40% of LISECC’s average daily water supply capacity. Once the rolling average weekly water usage rate drops below 38%, the usage level will be returned to conserve level within 48 hours.

4. The OUT OF WATER level will be activated when the water system is shut down. When the system has passed inspection and approved for operation, the usage level will be returned to restricted level for one week to ensure stability of the system.

5.4.4.2.
Water usage restrictions

Normal conservation practices for LISECC’s members are described in article 5.4.4.1 #1 above.  Additional water usage restrictions will be applied when the board determines water shortage levels as follows: 

1. Once the board sets the water shortage level at conserve, residents will be subject to the following restrictions:
   
   a) Odd/Even Day Landscape Watering: Residents with odd numbered street addresses are being asked to limit watering to Wednesdays, Fridays and Sundays. Residents with even numbered street addresses can water on Tuesdays, Thursdays and Saturdays. Mondays are non-watering days to allow the reservoir to recharge after the weekend.
   
   b) Landscape irrigation shall be prohibited except for irrigation, by low volume devices only, of crops for use as food by residents at a primary residence.
   
   c) The filling of swimming pools is prohibited.
   
   d) Use of automated landscape sprinkler systems is prohibited.
   
   e) Washing or cleaning streets, driveways, sidewalks or other impervious areas is prohibited.
   
   f) Washing of cars and boats shall be restricted to odd/even days as described in paragraph a, above.
   
   g) The use of water for firefighting, health, sanitation, medical purposes and other essential uses shall not be restricted. However, domestic water use conservation practices should be implemented wherever possible.

2. Once the board set the water shortage level at restricted, residents will be subject to the following restrictions:
   
   a) All outdoor watering is prohibited, other than the use of treated wastewater; or use of handheld water containers.
   
   b) The use of water for firefighting, health, sanitation, medical purposes and other essential uses shall not be restricted. However, domestic water use conservation practices should be implemented wherever possible.

5.4.4.3.
Public notification of a water supply levels

Notification of any intent to change restrictions in water use by LISECC membership as part of a water supply shortage shall be posted in LISECC’s public locations (at the corner of Beach Ave. and Island Drive, at the Clubhouse, at the Water Works) and will be published in the Bellingham Herald or by such other means reasonably calculated to reach and inform all water users, such as the US Mail or direct communication.

5.4.4.4.
Notice and imposition of fines for water-use violations

Notice of water use violations will be submitted to LISECC’s board of director’s Water Committee Chair. The committee will impose a fine and request a “Fine Notice” to be delivered to the alleged violator. 

1. The Fine Notice will be sent to the alleged violator via certified mail to the address on file with the LISECC.

2. The proposed fine set forth in the Fine Notice shall become final unless the alleged violator requests a Fine Hearing with the Water Committee Chair within fourteen (14) days after the issuance date of the Fine Notice. Requests for hearing must pose three dates for a meeting with the Water Committee Chair, which meeting shall be held not later than forty (40) days following the date of the Fine Notice. Such meeting can be held in person or by telephone, at the option of the alleged violator. Upon receipt of the request, the Water Committee Chair shall select one of the days proposed for the Fine Hearing and shall notify the alleged violator of the date and time.

3. Failure of the alleged violator to timely request a Fine Hearing or failure to participate in such Fine Hearing shall render the fine “due and owing” and a Fine Invoice shall be issued for payment within thirty (30) days.
   
   First time offenses for the violation of water restrictions would include a minimum $100 fine plus an outdoors watering ban for a period of one week. Further offenses within any two-year period would include a minimum $300 fine plus an outdoor watering ban. Serial offenders with more than two fines in a two-year period would have a flow restrictor installed.
   
   The board will also set policy for payments of fines and water usage charges, and policies for emergency water shutoff actions. When the operations manager finds water lines broken on residence properties or extreme water usage violations, LISECC has the authority to disconnect service. The fee for reconnection of services will be $100.00. Payment of water related fines and service charges would be handled according to established LISECC collection practices.

5.4.4.5.
Exceptions to restrictions

Notwithstanding the authority granted by this regulation, any order imposing restrictions in the use of water shall not apply to any person obtaining water from sources other than the public water supply, unless it can be clearly shown that the use of such water directly affects the public water supply. Written notice restricting the use of such water shall be given to the person in control of the same, and may be effective forthwith. 

5.4.4.6.
Penalties

Any person failing to comply with restrictions noted in article 5.4.4.2 of these regulations shall be subject to a fine of $100 per day for first time violations. Further violations occurring within any two-year period will result in a fine of $300 per day. Recovered penalties shall inure to LISECC for such uses as the Board of Directors may direct. In addition to the foregoing penalties, LISECC is authorized to discontinue the furnishing of water where orders and restrictions have been violated. Such discontinuance shall be continued so long as there is evidence that the violations have not been corrected or will continue. 

Households that are serial offenders, having multiple violations within any two-year period, may be subject to the installation of a flow restrictor. This device will be installed by LISECC at the household water meter or connection and will limit the flow to approximately 2.5 gallons per minute. The flow restrictor will substantially reduce the flow rate to the household. However, its installation will not affect household appliances (dishwashers, washing machines etc) if they are not used concurrently. Restrictors will only be installed for 30 days, but may be reinstalled if the household continues to violate water restrictions. The resident will be responsible for the cost on installing and removing of flow restrictors, at a cost of $450 for the first offense, and $1,000 for additional offenses. 

Significant fines apply to residents who tamper with the meter and flow restrictor. Such fines will not be less than $450, plus the cost of equipment or repairs.

5.4.4.7.
Notice and imposition of fine

1. The Board appoints its Water Committee as the representative for LISECC to impose a fine and to hold a hearing on such fine (Fine Hearing). Notice of proposed fines for violations of the Rules may be issued by Chair to the alleged violator. The Fine Notice shall be sent via certified mail to the alleged violator at the address on file with LISECC.

2. The proposed fine set forth in the Fine Notice shall become final unless the alleged violator timely requests a Fine Hearing with the Chair of the Water Committee. Any such request must be received by LISECC within fourteen (14) days after the issuance date of the Fine Notice. The request must propose three days for a meeting with the Chair, which meeting shall be held not later than forty (40) days following the date of the Fine Notice. Such meeting can be held in person or by telephone, at the option of the alleged violator. Upon receipt of the request for a Fine Hearing, the Chair shall select one of the days proposed for the Fine Hearing and shall notify the alleged violator of the date and time.

3. Failure of the alleged violator to timely request a Fine Hearing or failure to participate in such Fine Hearing shall render the fine “due and owing” and an invoice shall be issued for payment within fourteen (14) days (Fine Invoice).

5.4.4.8.
Appeal of fine invoice

1. The alleged violator may appeal the Fine Invoice to the Board of Directors so long as a written appeal is received by LISECC within fourteen (14) days of the date of the Fine Invoice. Any appeal shall briefly describe the basis for the appeal, the witnesses to be called and the relief requested. Failure of the alleged violator to strictly comply with this provision shall constitute a waiver of the member’s right to appeal the Fine Invoice.

2. If an appeal request is complete and timely received, the Board of Directors will schedule the appeal hearing for the next Board meeting, which is at least 10 days in advance. If the hearing cannot be held on that date or must be continued due to lack of quorum, inclement weather or any other reason, the appeal hearing shall be continued to the following Board meeting.

3. The member may pay the Fine Invoice prior to the appeal hearing in order to avoid interest charges. If the fine is overturned at the appeal hearing, the amount paid by the member will be refunded without interest.

4. At the appeal hearing the alleged violator will be entitled to present relevant evidence and witness testimony. All witnesses shall take an oath to tell the truth before testifying. The Board may interrogate the alleged violator and any witnesses called on behalf of the member. Sworn affidavits may also be submitted by the member, but live witness testimony shall be preferable.

5. The Board will issue a ruling within ten (10) days of the appeal hearing. The ruling need not include findings of fact or conclusions. The Board’s ruling will be final.

5.4.4.9.
Enforcement

1. Interest will accrue at the rate of 12% per annum on any fine from the due date established in the Fine Invoice.

2. LISECC may record a claim of lien against the lot(s) of any member who fails to timely pay a Fine Invoice, regardless of whether an appeal has been timely requested. However, no lien will be filed if the member has paid the Fine Invoice pending the appeal hearing.

3. The claim of lien may be foreclosed in the manner of a mortgage on real property, and in such foreclosure action, LISECC shall be entitled to an award of its attorneys’ fees and costs, including the cost of a report, all collection costs and foreclosure expenses.

Article 5.4.5.
Onsite Septic Systems

The following LISECC rules and regulations address the state and county mandates concerning Onsite Septic Systems.

5.4.5.1.
Onsite Septic Systems in General

All Onsite Septic Systems (OSS) must comply with state law, county ordinance, and any governmental or quasi-governmental agency rules or regulations. Compliance includes construction, maintenance, and inspection as outlined in Washington Administrative Code (WAC) 246-272. Inspections must meet Whatcom County requirements for OSS systems.

5.4.5.2.
Sanitary Control Area

Because clean water is the lifeblood of any community, LISECC must, by state ordinance, protect its source water from contamination. A Sanitary Control Area (SCA) surrounds both our lakes. It is incumbent upon LISECC to ensure that land uses and activities in this control area do not threaten our drinking water. All homes, properties, and roads adjacent to the lakes are part of the SCA. Further, all homes, properties, and roads located on the slope whose runoff eventually reaches the lakes are also part of the SCA. Owners of these properties, as well as individuals who utilize these areas in any capacity, must fulfill certain obligations as required by law. Preventing contamination of source water is of the highest priority. Owners whose property sits entirely or partially within the SCA must perform the following actions:

1. Inspect their septic systems annually and submit the results to Lummi Island Scenic Estates Community Club. Results must be submitted to the LISECC on or before June 30 each year.

2. Provide adequate, fail-safe storage for hazardous materials such as gasoline or diesel fuel, oil of any type, cleaning products, pesticides, herbicides, and fertilizers.

3. Refrain from using residential or commercial sprays such as the above-referenced pesticides, herbicides, and fertilizers.

5.4.5.3.
Animal Waste Within the Sanitary Control Area

All owners and visitors must prevent animal waste where possible and remove any that may be deposited in the Sanitary Control Area. All individuals are reminded not to feed deer or other wild mammals, as this action increases the concentration of these animals and their waste. Pets are prohibited in the Cabana/lake area, and all individuals are asked to refrain from walking their pets along Dogwood Terrace, Rosewood Terrace, and Carol Lane, as these roads are part of the SCA. Keeping of any animal of the species horse, mule, ass, cattle, sheep, goat, pig, chicken, and exotic animals within the SCA is prohibited. Any ruminants or livestock that are kept in the SCA will result in a fine of $50 per day per ruminant or livestock, until the animal or animals are removed.

5.4.5.3.1.
Use of Sheep, Goats, Cattle, or Other Ruminants for Property Maintenance

Owners may use ruminants (grazing animals such as sheep, goats, cattle, etc.) on a temporary basis to mitigate noxious or unsightly vegetation for up to 30 days so long as the animals are confined within a fence of sufficient height and strength in such a manner that they cannot get upon any street or commit any nuisance to neighboring properties. Animals must be removed after this time period. The animals must be kept in a healthy condition by the persons owning or possessing them. Failure to adhere to time limitations and/or humane treatment may result in a fine of $50 per day per animal, up to $100 per day per animal for repeat or egregious infractions. Any infractions will be reported to animal control. The property owner will be responsible for all fines and any damage to the adjoining properties caused by the animals. Note: Ruminants may not be used within any area designated as a Sanitary Control Area and will be subject to the same schedule of fines.

5.4.5.4.
Inspections

Washington Administrative Code WAC 246-272-270 stipulates that OSS owners must, “Assure a complete evaluation of the functionality, maintenance needs and compliance with regulations and any permits” and submit the results to the Lummi Island Scenic Estates Community Club on or before June 30 of their inspection cycle:

i) At least once every three years for all systems consisting solely of a septic tank and gravity subsurface soil absorption system (SSAS);

ii)Annually for all other systems unless more frequent inspections are specified by the local health officer. [note: Sanitary Control Area systems fall under this part of the statute]

Owners who fail to submit inspection results in a timely manner may incur fines or other sanctions.