[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster as indicated in article histories.
Amendments noted where applicable.]
[Adopted as Ch. 20A of the 1972 Code, as amended through
1990]
[Amended 5-11-1992 by Ord. No. 558; 5-10-1993 by Ord. No. 575; 5-13-1996 by Ord. No. 610; 5-22-2000 by Ord. No. 654; 5-8-2006 by Ord. No. 752; 4-13-2009 by Ord. No. 801]
The rates for metered service established in
the Utility Fee Ordinance[1] shall be and become effective on and after July 1, 2009.
[Amended 5-11-1992 by Ord. No. 558; 5-10-1993 by Ord. No. 575; 5-13-1996 by Ord. No. 610; 5-22-2000 by Ord. No. 654; 5-8-2006 by Ord. No. 752; 4-13-2009 by Ord. No. 801]
From and after July 1, 2009, metered rates shall
be as provided in the Utility Fee Ordinance.
[Amended 1-10-1994 by Ord. No. 584; 11-24-2008 by Ord. No. 793]
A.
Private.
(1)
The
rates for private fire service, including sprinkler systems and hydrants
located on private property shall be as provided in the Utility Fee
Ordinance,[1] and are subject to the rules and regulations of the City.
All water sold at these rates shall be used for fire purposes only.
(2)
These
rates shall not be imposed upon single-family attached, single-family
detached and single-family semidetached dwellings.
B.
Sprinkler systems. Connection charges shall be made
for each connection to the City’s water system for private,
commercial or industrial sprinkler systems as provided in the Utility
Fee Ordinance. In addition, each such customer shall pay for all costs
of installation from the main to the protected premises. These rates
shall not be imposed upon single-family attached, single-family detached
and single-family semidetached dwellings.
[Amended 11-24-2008 by Ord. No. 793]
All unlisted or special water customers not
included in the aforegoing sections shall pay for water used or consumed
according to the rates established for metered water service. Any
water sold and dispensed by truck or tank from a metered location
to be designated by the City shall be at the prevailing out-of-city
minimum charge and rate schedule for each premises served as provided
in the Utility Fee Ordinance.
A.
All bills will be rendered quarterly to the property
owners. Bills will not be rendered to tenants of property owners except
upon request, in writing, by the property owner.
B.
Bills are due and payable upon receipt thereof and,
if not paid within 30 days of the mailing date, service may be discontinued
as provided in state law.
[Amended 11-24-2008 by Ord. No. 793]
C.
A penalty charge of 5% will be imposed on all past
due accounts.
A.
All applications for water service must be made, in
writing, on a form provided by the City. Applications for service
must be made by the property owner or his agent or representative
and shall be accompanied by a fee as provided in the Utility Fee Ordinance.[1]
[Amended 11-24-2008 by Ord. No. 793]
B.
No contract for service will be entered into by the
City with any applicant until all arrears and charges due by the applicant
at any premises now or heretofore occupied by him shall have been
paid or satisfactory arrangements made in regard thereto.
C.
An accepted application by the City shall constitute
a contract between the City and applicant, obligating the applicant
to pay to the City its rates as established or as may be established
from time to time. The applicant also shall comply with the City's
rules and regulations.
D.
Applications for service installations will be accepted
subject to there being an existing and adequate main in a street or
right-of-way abutting the premises to be served. The contract shall
in no way obligate the City to extend its mains to service the premises
under consideration.
E.
When a prospective customer has made application for
a new service or has applied for the reinstatement of an existing
service, it is assumed that the piping and fixtures which the service
will supply are in order to receive the same, and the City will not
be liable in any case for any accident, breaks or leakage arising
in any way in connection with the supply of water or failure to supply
the same or the freezing of water pipes or fixtures of the customer
nor for any damage to the property which may result from the usage
or nonusage of water supplied to the premises.
F.
After review of the completed application and the
payment of all fees and charges required under this article and the
Utility Fee Ordinance, the City may accept the application, provided
that the property to be served is identified as W-1 or W-3 on the
Carroll County Master Plan for Water and Sewerage. Additionally, the
development of the property must be consistent with the current City/county
agreement unless the Mayor and Common Council grants a waiver for
good cause[2] for which the applicant shall pay a fee as provided in
the Utility Fee Ordinance.
[Added 2-11-2002 by Ord. No. 677; amended 11-24-2008 by Ord. No. 793]
[2]
Editor's Note: Ordinance No. 677 provided
that the Director of the Department of Planning and Public Works shall
adopt regulations for the consideration of "good cause" waivers pursuant
to this subsection.
[Amended 5-13-1996 by Ord. No. 610; 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 793]
A.
The Utility
Fee Ordinance shall establish connection charges for each connection
to the City’s water system.
B.
A property owner will be assessed the actual cost
of the meter only, in cases where a service connection already exists
and no connection charge is levied.
C.
Connections will be made upon proper application whenever
such connections are within a reasonable distance of existing and
adequate mains and lines of the City's water system.
D.
Between November 15 and March 15, the City may, in
its discretion, defer making connections until weather and ground
conditions will reasonably permit such connections.
E.
The City shall not be required to make any connection
which it may deem not to be economically feasible or which may constitute
an undue burden upon the City's physical water plant or system.
F.
The service connection from the main to the property
line will be installed by the City. Title to all services from the
main to the property line, meters and meter installations are vested
in and the same shall at all times remain the sole property of the
City and shall not be trespassed upon or interfered with in any respect.
This property shall be maintained by the City and may be removed or
changed by it at any time.
G.
The City will furnish and install the following equipment:
corporation stop, service pipe to the property line, curb stop and
curb box and remote reading unit. The meter and meter box shall be
installed at the expense of the customer.
H.
All service pipes shall not be less in size than three-fourths-inch
inside diameter.
I.
Curb stops are not to be used by the customer or his
agent for turning on or shutting off the water supply. The control
of the water supply by the customer shall be by means of a separate
stop located just inside the building wall. Curb stops are for the
exclusive use of the City.
J.
Every service pipe must be provided with a stop and
waste cock on the inside of the cellar or foundation wall adjacent
to the location where the pipe passes through it, easily accessible
and fully protected from freezing, and all pipes in the building must
be laid in such way that they can be fully drained by that waste cock.
K.
The service pipe from the property line to the premises
shall be installed at the expense of the owner. For this installation
the owner or applicant shall employ a competent registered plumber,
satisfactory to the City, to do the work and comply with national
or prevailing plumbing codes in the area. The minimum size and cover
shall be the same as that used from the main to the property line.
The materials and method of construction shall be approved by the
City, and if the service has not been installed in accordance with
the City's requirements, water service will not be turned on until
such defects have been remedied. The service pipes between the property
line and the premises and all piping and fixtures on or in the premises
of the owner or applicant shall be maintained by him and the work
performed by a competent registered plumber in a manner satisfactory
to the City.
L.
In all future installations or reinstallations of
service lines, only one premises will be supplied through one service
pipe and under the control of one curb stop. Any violation of this
article by any customer shall be deemed a violation by all customers
involved, and the City may take such action as could be taken against
a single owner, except that such action shall not be taken until an
innocent owner, who is not in violation of the City's rules, has been
given a reasonable opportunity to attach his pipe to a separately
controlled service connection.
M.
In the event that any service line between the curb
box and the meter is improperly maintained or is damaged, the City
shall have the right to discontinue service to such premises upon
written notice to the customer. Service shall not be restored until
satisfactory repairs have been made.
[Amended 12-11-1995 by Ord. No. 604; 11-22-1999 by Ord. No. 643; 11-27-2000 by Ord. No.
659; 1-27-2003 by Ord. No. 695; 6-14-2004 by Ord. No. 714; 11-24-2008 by Ord. No. 793]
A.
From and after the effective date of this article,
in any instance in which the City shall supply water to any building,
dwelling, apartment, living unit or other structure, a special benefit
assessment is hereby levied and imposed, payable prior to the issuance
of a building permit, upon the owner or owners of such property or
properties to be served in the amount or amounts as provided in the
Utility Fee Ordinance.[1]
B.
In any
instance in which an existing structure is altered to convert to additional
dwelling units, commercial units or business offices, there shall
be imposed a special benefit assessment as provided in the Utility
Fee Ordinance. However, in no event shall the cumulative assessments
for said alterations exceed 75% of the assessment for new construction.
C.
In any
instance in which an industrial or commercial structure is altered
to add additional square footage, there shall be imposed a special
benefit assessment in accordance with the schedules hereinbefore set
forth in the Utility Fee Ordinance. Expansion of existing structures
shall be allowed credit for previously paid special benefit assessments
in all types of uses except dwellings and dwelling units.
D.
In any
instance in which a school or college expands existing structures
or constructs new buildings for nonresident use, there shall be imposed
a special benefit assessment as provided in the subsection of the
Utility Fee Ordinance entitled “Industrial Warehousing.”
In the instance where a school or college adds or expands its residential
buildings, a benefit assessment shall be imposed in accordance with
the subsection of the Utility Fee Ordinance entitled “Dwellings
and Dwelling Units,” or, in the event of construction of dormitories,
the schedule entitled “Schools and Colleges, Including Dormitories”
shall be applicable.
E.
In any
instance in which a continuing-care facility licensed by the State
Department of Aging provides three levels of care for individuals
60 years of age or older, “independent living,” “assisted
living,” and “comprehensive care” as those terms
are defined by Maryland law, and also owns and maintains substantial
on-site infrastructure, there shall be imposed a special benefit assessment
in the following amounts. For independent-living units (single-family
dwelling units or apartments or multifamily units) there shall be
imposed a special benefit assessment in the amount of 65% of the amount
of assessment set forth for said uses in the Utility Fee Ordinance.
For assisted-living units and/or comprehensive-care units the amount
of assessment shall be the same as set forth in the Utility Fee Ordinance
for hospitals, care homes and nursing homes.
F.
In situations
where no specified category is provided for in this article, the Director
of Planning shall determine the applicable special benefit assessment
to be charged, but in no case shall such charges exceed those existing
in the Utility Fee Ordinance.
G.
The Director
of Planning may waive or modify special benefit assessments for the
construction or rehabilitation of lower-income housing units as authorized
under § 21-101 of Article 24 of the Annotated Code of Maryland.
[1]
Editor’s Note: Former § 160-9, Double special benefit
charges, was repealed 11-24-2008 by Ord. No. 793.
A.
The City shall be solely responsible for any and all
main extensions. No extension will be made except upon the written
request of a property owner.
B.
The owner or owners applying for such water main extension
shall be responsible for the cost of making such an extension. Title
to the main will be vested in the City, and the main shall at all
times remain the sole property of the City and shall not be trespassed
upon or interfered with in any respect. This property shall be maintained
by the City and may be used as the City deems fit.
C.
When water facilities are to be constructed, the owner
will furnish plans for review by the City and all other agencies having
jurisdiction. These plans will denote location, profile and any other
pertinent details required by agencies having jurisdiction. The City
will also require a public works agreement spelling out the conditions
by which a main will be extended.
D.
Before an extension of a main is made by the City,
the owner or applicant shall post security for the estimated cost
of the water main extension. Final adjustments will be made upon the
receipt of all bills and expenses that may be incurred in the extension
of a main. Any surplus security will be returned to the owner. Any
deficit held by the City will be billed to the owner upon final accounting.
E.
The City will not be required to make any reimbursement
to the owner for additional connections to such mains or enter into
any type of buy-back agreements.
F.
The Mayor and Common Council shall adopt and, from time to time, amend the Utility Fee Ordinance as to the imposition of fees as it deems necessary for the preparation, review and approval of construction drawings, plans and other related documents for all main extensions. Said fee shall be based upon the costs of providing such services and shall be in addition to the costs for which the owner is responsible under Subsection B.
[Amended 11-24-2008 by Ord. No. 793]
A.
All meters will be furnished by and remain the property
of the City, which reserves the right to stipulate the size, type
and make of meter to be used as well as the location of the setting.
Minimum meter size shall be a five-eighths-inch meter with fees as
provided in the Utility Fee Ordinance.[1]
[Amended 11-24-2008 by Ord. No. 793]
B.
When possible, the meter will be set in the basement
in a convenient place or in a meter box at the curb or property line
to control the entire supply, the location to be provided and maintained
by the owner. In the event that the customer desires any change in
the location or position of the meter box or vault, such change in
location shall be made by the City at the cost and expense of the
owner.
C.
All meters shall be maintained by and at the expense
of the City insofar as ordinary wear and tear are concerned, but the
owner will be held responsible for damages as a result of freezing,
hot water or other external causes when such damage results directly
or indirectly from the negligence of the customer. When such damage
occurs, the City will furnish and set another meter to replace the
one frozen or otherwise damaged, and the cost of such repairs, including
replaced parts, labor and transportation charges, shall be paid for
by the owner.
D.
Any owner may be required to install a suitable check
valve and relief valve in the service line on the outlet side of the
meter in such a manner as to prevent the return of hot water to the
meter and shall pay the cost of all repairs necessitated by failure
to do so.
E.
The quantity recorded by the meter shall be taken
to be the amount of water passing through the meter, which amount
shall be accepted as conclusive by both the owner and the City, except
when the meter has been found to be registering inaccurately or has
ceased to register. In such cases the quantity may be determined by
the average registration of the meter in a corresponding past period
when in order or by the average registration of the new meter, whichever
method is representative, in the opinion of the City, of the conditions
existing during the period in question.
F.
The City reserves the right to remove and to test
any meter at any time and to substitute another meter in its place.
In the case of a disputed account involving the question of accuracy
of the meter, such meter will be tested by the City upon the written
request of the applicant for a fee as provided in the Utility Fee
Ordinance, provided that the meter in question has not been tested
either by the City or the Public Service Commission.
[Amended 11-24-2008 by Ord. No. 793]
G.
If a meter is found to be inaccurate, it shall be
replaced at the City’s expense and the testing fee shall be
returned to the applicant. However, if a meter is found to be accurate,
the owner will bear all costs of replacement and related expense.
[Amended 11-24-2008 by Ord. No. 793]
H.
The owners shall permit no one, except an agent of
the City or another otherwise lawfully authorized to do so, to remove,
inspect or tamper with the meter or other property of the City on
his premises. The customer shall notify the City, as soon as it comes
to his knowledge, of any injury to or any cessation in registration
of the meter.
[Amended 1-10-1994 by Ord. No. 584; 7-8-2002 by Ord. No. 683]
A.
Whenever the owner desires to have his service contract
terminated or his water service discontinued, he shall so notify the
City in writing. Until such notice is received by the City, the owner
shall be responsible for the payment of all service rendered by the
City, including charges for meter repairs caused by damage by hot
water or freezing. A reasonable time after the receipt of such notice
shall be allowed the City to take a final reading of the meter or
meters and to discontinue service.
B.
Service may be discontinued for any one of the following
reasons:
(1)
Use of water for purposes other than for consumption
on the premises served.
(2)
Misrepresentation in application.
(3)
Willful waste of water.
(4)
Molesting or tampering with City property or seals
on appliances.
(5)
Vacancy.
(6)
Nonpayment of water or sewer bills, or both , when
due.
(7)
Cross-connection of the City's water service pipe
with any other water supply source.
(8)
Refusal of reasonable access to property.
C.
A charge will be made for restoring service when water
has been turned off for any of the above reasons except vacancy as
provided in the Utility Fee Ordinance.
[Amended 11-24-2008 by Ord. No. 793]
D.
The Director of Public Works is authorized to adopt
rules and regulations, subject to approval by resolution of the Mayor
and Common Council, to implement procedures for the administration
of this section. Such procedures may contain procedures relating to
final readings of water meters.
[Amended 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 793]
[Amended 8-23-1999 by Ord. No. 641; 7-8-2002 by Ord. No. 683]
A.
The Mayor and Common Council shall exercise control
of the water supply at all times and, in case of shortage of water
or for any other reason, the Mayor and Common Council, in the exercise
of its discretion, may determine that the water supply should be conserved.
B.
Any user or consumer of water, upon notice from the
City, its agents or employees or upon notice published for two consecutive
days in one newspaper of general circulation in Carroll County, shall
comply with any order passed by the Mayor and Common Council, any
drought management plan it has adopted pursuant to this section or
any order issued by the Mayor pursuant to said drought management
plan to conserve the water supply.
C.
In exercising its authority under this section, the
Mayor and Common Council is authorized to adopt by resolution drought
management plans which may result in the issuance of an order by the
Mayor imposing mandatory water use restrictions.
D.
Any violation of any order of the Mayor and Common
Council under this section or of any drought plan or order issued
by the Mayor pursuant to it is declared to be an infraction. The penalty
for violation shall be $200 for each initial offense and $400 for
each repeat offense. In addition to any other penalty provided herein,
the City may, at any time and without further notice, discontinue
the water service of any person violating any order of the Mayor and
Common Council or of any drought plan or order issued by the Mayor
pursuant to it under this section.
[Amended 4-9-2007 by Ord. No. 763; 9-23-2002 by Ord. No.
686; 11-24-2008 by Ord. No. 793; 4-13-2015 by Ord. No. 853; 3-26-2018 by Ord. No. 890]
A.
Establishment of allocation policy; application fees.
(1)
In order to better manage the capacity and capability of the City's
water supply system to supply the reasonably anticipated demands and
needs of the community, the Mayor and Common Council is authorized
to establish, by resolution, an allocation policy regarding the issuance
of additional water service connections.
B.
The Mayor and Common Council is also authorized to establish, by
resolution, a contingency plan to prohibit, restrict and allocate
the issuance of water service connections in the event of major operational
problems, supply interruption, drought or other unanticipated and
significant water shortage due to any cause, or contamination of the
City's water supply resources or as a result of state directive.
C.
The Director of Community Planning and Development shall maintain
a ledger, in such form as the Director deems appropriate, identifying
the development projects to which water has been allocated and the
amount of water allocated for each such project, and showing a running
balance of the annual water capacity allotment.
E.
The Mayor
and Common Council may, by resolution, delegate to a standing committee
the authority to act on applications for water allocations and to
establish criteria for transfers of water from a general water fund
to specific use categories.
[Added 8-28-2023 by Ord. No. 2023-08]
The authorized agents of the City, presenting
proper credentials, shall have the right of access at all reasonable
hours to the premises supplied with water for the purpose of reading
meters, examining fixtures and pipes, observing the manner of using
water and for any other purpose which is proper and necessary in the
conduct of the water system.
As necessity may arise in case of main breaks,
emergency or other unavoidable cause, the City shall have the right
to temporarily cut off the water supply in order to make necessary
repairs, connections, improvements, etc., but the City will use all
reasonable and practicable measures to notify the customer in advance
of such discontinuance of service. In any case, the City shall not
be liable for any damage or inconvenience suffered by the customer
nor for any claim against it at any time for interruption in service,
lessening of supply, inadequate pressure, quality of water or any
cause beyond its control. All customers having boilers upon their
premises depending upon the pressure of the water in the City's pipes
to keep them supplied are cautioned against danger of collapse, and
any such damage shall be borne exclusively by the owner. The City
shall have the right to reserve a sufficient supply of water at all
times in its reservoirs to provide for fire or any other emergencies
and may restrict or regulate the quantity of water used by its customers
in case of scarcity or whenever the public welfare may require it.
Any owner requiring reduced water pressure shall do so through pressure-reducing
valves, to be furnished and installed at the owner's expense, on the
outlet side of the meter ahead of the stop and drain valve.
No water will be furnished to any premises where
any possibility exists of the mingling of the water furnished by the
City with water from any other source nor will the City permit its
mains or service pipes to be connected in any way to any piping, tank,
vat or other apparatus containing liquids, chemicals or any other
matter which may flow back or have cross-connection into the City's
service pipes or mains or any other water facilities or units and
consequently endanger or adversely affect the water supply. An exception
may be made to this rule at the option of the City, provided that
proper safeguards are installed which shall be inspected and have
the approval of the City.
A.
Water from hydrants or other fire protection systems
shall be used only in case of fires, except that water from public
fire hydrants may be used in a reasonable amount and at such times
and places as the City may permit. The testing of hydrants and fire-fighting
apparatus by any fire company may be permitted upon request by an
authorized agent or employee. No pumps will be permitted to be connected
with water pipes so as to draw water directly from the main or service
pipe, except for fire purposes, without specific permission from the
City.
B.
The opening or closing of any fire hydrant or plug,
except in case of fire, without the written permission of the City
shall be deemed a tampering with the appliances of the City.
It shall be unlawful for any person or persons
to wrongfully connect, disconnect, tap or interfere or tamper with
any of the canals, springs, reservoirs, tunnels, mounds, dams, plugs,
mains, pipes, conduits, connections, taps, engines and machinery or
other appliance of the City for the purpose of wasting or using such
water or to in anywise tamper with any meters used to register the
water consumed, unless such person or persons will be duly authorized
by or be in the employ of the City. Violation of this section is declared
to be an infraction. The penalty for violation shall be $400 for each
initial offense and $400 for each repeat offense.
The presentation or nonprescription of a bill
shall not be held to be a waiver of any of the above rules.
All delinquent water bills shall be and become
liens upon the premises served, which liens may be collected in the
same manner as the collection of delinquent taxes.[1]
[1]
Editor’s Note: The Water Rate Schedule, as amended, formerly included at the end of this article, was repealed 4-13-2009 by Ord. No. 801. Ordinance No. 801 also provided that said schedule be used to calculate rates for services rendered before July 1, 2009. For current water rates, see Ch. A175, Fees, Art. II, Utility Fees.
[Adopted 1-9-2012 by Ord. No. 831]
A.
This article sets forth the requirements for the City's reclaimed
water system. The reclaimed water system provides an alternative water
source for nonpotable water demands. It is the City's policy to provide
reclaimed water to meet nonpotable water demands when it is feasible
to do so. It is the City's purpose and intent to establish a reclaimed
water system and to extend such system to certain areas of the City
where the Common Council determines that the extension of reclaimed
water is practical and economical. The reclaimed water distribution
system will be constructed in sections and phases to provide reclaimed
water service to designated areas as determined by the Common Council
from time to time and pursuant to the terms and conditions set forth
herein.
In this article, the following terms shall have the meanings
provided in this section unless the context clearly indicates otherwise:
A reclaimed water distribution main is or will be located
at a property line of a property on which an irrigation system is
installed or proposed or a property proposed to be serviced with reclaimed
water.
Any unprotected actual or potential physical connection whereby
the public water supply is connected with any other water supply system,
whether public or private, either inside or outside of any building
or buildings, in such a manner that a flow of water into the public
water supply is possible either through the manipulation of valves
or because of ineffective check or back-pressure valves or because
of any other arrangement. This includes any unauthorized taps, whether
or not adequate protection is provided.
The City of Westminster's Department of Public Works.
The Director of Public Works or his or her designee.
A pipe installed underground for the purpose of transporting
water but which is not connected to a water system.
A system of devices to provide for the application of water
typically to any outdoor planted material by means of a permanent
piping system under pressure and that is manually, semiautomatically
or automatically operated. Major reclaimed water line shall mean those
reclaimed water lines that are eight inches in diameter or greater.
The Maryland Department of the Environment.
Written permission granted by the City to install and/or
use reclaimed water lines and/or systems.
Water provided by the City via the City's water distribution
system or by a privately owned water system for public consumption
that meets the state's potable drinking water standards, or water
provided by a private source for consumption (drinking, cooking, bathing,
etc.) by the applicant.
Those conduits used to supply reclaimed water to service
lines from transmission mains.
Any plant, well, pipe, tank, reservoir, facility, property
or combination thereof, and associated hardware and other appurtenances,
including meters, extending to the customer's reclaimed water meter,
that is used for or has the capacity for use for supplying reclaimed
or reuse water.
Water provided by the City via the City's reclaimed water
distribution system that has been treated to and meets the state's
reclaimed water standards and is permitted to be used for certain
nonpotable (e.g., nondrinking, noncooking, nonbathing) purposes.
Any portion of the City's water sewer service area that is
within the City's reclaimed water distribution system.
Those portions of reclaimed water service pipes that extend
from the City's reclaimed water mains to the boundaries of public
easements and/or rights-of-way but are not connected to a user's facilities.
That conduit for reclaimed water from the reclaimed water
distribution main to the property line.
Those utility lines used to supply reclaimed water from the
City's pumping stations or treatment facilities to the City's reclaimed
water distribution system.
Reclaimed water pipelines, water pipelines, and sewer pipelines
(any or all as determined by the context), and all pipes, valves,
valve boxes, hydrants, and other fixtures, equipment, and apparatus
connected to and forming a part of the reclaimed water, potable water,
or sewer pipelines and systems, or all, and all appliances necessary
and convenient thereto. The utility lines dedicated to the City shall
include only main transmission or distribution lines, valves, hydrants
and other apparatus, fixtures and equipment forming a part of the
lines laid in public streets, roads, highways and alleys or across
City utility or sanitary sewer easements on private property and shall
not include lines leading from the mains at the property boundary
to the building on private property and shall not include the reclaimed
water, potable water, or sewer lines within any residences or other
privately owned building.
The areas served or programmed to be served by the City's
water treatment plant as shown on the Carroll County Master Plan map.
A.
Rules and regulations relating to waste not discharged to surface
waters contained in the Maryland Annotated Code and/or the Code of
Maryland Regulations (COMAR) and/or any permit issued to the City
by MDE or other state agency governing or relating to the use of reclaimed
or recycled water, as these may be amended from time to time, are
hereby adopted by reference and incorporated into this article as
though fully set forth within this article.
B.
In the event of any variation between the provisions of the this
article and those of the Maryland Annotated Code, COMAR, and/or any
permit issued to the City governing or relating to the use of reclaimed
or recycled water, the more strict provision shall prevail.
C.
Subject to the direction of the City Administrator, the Director
shall have the authority to implement administrative programs that
may be required to adhere to federal or state law, adhere to the conditions
of any permits from federal or state agencies, or provide efficient
operation of the reclaimed water system. Such programs may include,
but are not limited to, an application program to approve new users,
a connection inspection program, followup inspection program, compliance
and enforcement program, spill prevention, control and notification
program, and educational program to advise the public of the proper
and safe use of reclaimed water.
The rates, fees and charges for the reclaimed water system are set forth in the Utility Fee Ordinance, Chapter A175, Article II, of this Code. Fees and charges incurred by any user of the reclaimed water system are subject to the collection provisions of Article I of this chapter applicable to the distribution of potable water.
A.
The City may terminate, discontinue, or suspend reclaimed water service
in accordance with this article and the City's policies and procedures
in the event of:
(1)
A violation of this article or City regulations, policies or procedures;
(2)
Failure to pay bills by the due date;
(3)
Tampering with any utility service;
(4)
The existence of plumbing cross-connections with another water source;
or
(5)
Any customer condition or action that may be detrimental to the City's
potable water system, its reclaimed water system, or its wastewater
collection and treatment system.
B.
The City may, at its option, suspend service until the condition
is corrected and all costs due the City are paid. These costs may
include delinquent billings, connection charges, and payment for any
damages caused to the potable water, reclaimed water, or wastewater
collection or water distribution system.
C.
In addition to any authority to enter private property contained
elsewhere in this Code, the Director or his or her designee may enter
any premises upon such notice that is reasonable under the circumstances
to determine the presence of any cross-connections or other potential
hazards to the City's potable water system. Each customer of reclaimed
water service shall, by completing the reclaimed water application,
give written consent to such entry upon the customer's premises.
The City makes no guarantees that reclaimed water service will
be provided or, once provided, continued. The City may, at any time,
and from time to time, refuse to extend, or suspend or terminate,
service on the basis of a use detrimental to the system, an inadequate
supply of reclaimed water, the failure to pay required fees, or for
any other reason which, in the judgment of the Director, will cause
the extension not to be to the benefit of the City.
A.
The City shall have responsibility for maintaining and repairing
reclaimed water service stubs in the public right-of-way or easement.
The repair of all pipes and fixtures on private property shall be
the responsibility of the property owner.
B.
The City shall have the right to suspend or terminate reclaimed water
service to any property when, in the judgment of the Director, a leak
or other deficiency in the facilities is of sufficient magnitude or
has continued for a sufficient period of time to cause harm to the
system or to the public interest.
A.
It shall be a municipal infraction subject to a penalty of $500 for
any person to violate any of the provisions of this article, or any
regulation, standard, rule, or order duly adopted in furtherance of
this article, or to continue any alteration, extension or construction
of the utility system or part thereof without first obtaining a permit
or written permission or to undertake or continue any alteration,
extension, or construction of the utility system or part thereof,
except in conformity with the terms, conditions, requirements, and
provisions of an approved application, plan, or both. Every day the
violation continues shall be a separate offense.
B.
Whenever the City has reasonable cause to believe that any person
is violating or threatening to violate any of the provisions of this
article or any standards, regulation, rule or order duly adopted in
furtherance of this article, or is undertaking or continuing any alteration,
extension and construction of the utility system without first obtaining
a permit or written permission, or is undertaking or continuing any
alterations, extension, or construction of the utility system or part
thereof, except in conformity with the terms, conditions, requirements
and provisions of an approved application, plan, or both, the City
may, either before or after the institution of any other action or
proceeding authorized by this Code, institute a civil action in the
name of the City for injunctive relief to restrain the violation or
threatened violation. The institution of an action for injunctive
relief under this subsection shall not relieve any party to such proceeding
from any civil or criminal penalty prescribed for violations of this
Code.
A.
No reclaimed water may be used for any purpose, either upon initial
installation, or upon change of use or change of property ownership,
until the user has obtained a reclaimed water permit from the City.
Applications for reclaimed water service shall be made and will be
accepted in the same manner as applications for water and sewer service,
subject to the provisions of this article.
B.
All applicants for reclaimed water, at the applicant's own cost and
expense, shall apply for, obtain and meet all requirements of all
necessary permits, licenses, conditions, and approvals for the initial
construction and the operation of the on-site reclaimed water facilities
and the use of reclaimed water.
C.
At the time of application, a user seeking a new connection to the
reclaimed water supply system shall enter into a public works agreement
that shall contain those provisions the Director deems necessary to
protect the public interest, including, but not limited to, provisions
relating to:
(1)
The design and construction of all facilities through which reclaimed
water shall pass;
(2)
The posting of bonds or other security for performance of the work;
(3)
Permission for the City through its officials, employees and/or agents
to enter upon the property for inspection, upon reasonable notice
under the circumstances, and to perform necessary repairs; and
(4)
The dedication to and conditions for acceptance by the City of any
portions of the facilities that are to become part of the City's system.
B.
Irrigation systems using reclaimed water shall be designed to keep
all spray on the user's property. The Director shall enforce buffers
from the edge of the spray influence to the following features:
(1)
Surface waters, including intermittent streams, perennial streams,
perennial water bodies and wetlands, up to 100 feet;
(2)
Residential structures, up to 25 feet;
(3)
Schools and playgrounds, up to 50 feet;
(4)
Public roads and residential property lines, up to 25 feet;
(5)
Potable wells, up to 100 feet.
C.
Irrigation and other systems using reclaimed water shall not generate
runoff that flows into the natural waterways or into the buffer areas.
Runoff shall not enter a storm sewer or drainage ditch that connects
to waters of the state.
D.
Any and all new or replacement reclaimed water supply systems within
flood-prone areas shall be designed and constructed to minimize and
eliminate discharges from such systems into floodwaters.
A.
The use of reclaimed water is intended to reduce demands on the potable
water supply, and consequently restrictions that the City may impose
from time to time upon reclaimed water usage may be less stringent
than those imposed upon potable water users.
B.
The availability of reclaimed water is directly related to the volume
of wastewater and treatment thereof. The City may, upon just cause
and for the purpose of the protection of public health, place temporary
and special limitations upon reclaimed water users due to conditions,
upsets, or other acts which interfere with the production or transmission
of reclaimed water.
It shall be unlawful for any person to connect any pipe or take
by any means reclaimed water from, or interfere with the pipes of
the reclaimed water system of, the City without authorization from
the Director.
In the event of the paying or widening of streets, or the raising
or lowering of the grade of a street, or in the installation of curbs
or gutters and/or sidewalks, or in the case of the installation of
new reclaimed water lines initiated by the public, all reclaimed water
service stubs may be replaced so as to meet the standards prescribed
by the City Plumbing Code.[1] There shall be no charge for such replacements.
All reclaimed water services shall be installed, extended, replaced
or repaired by City forces from the City's main to the property line
unless otherwise permitted by the Director, provided that no such
permission shall be granted for work within the corporate limits in
public street rights-of-way except by licensed utility contractors.
All reclaimed water connections in new developments shall be the responsibility
of the developer and at his expense in accordance with City standards
and specifications.
A.
A separate reclaimed water metered connection is required for each
lot at the time of connection with reclaimed water service.
B.
All such meters shall be placed in the street right-of-way at such
locations as the Director shall determine. Reclaimed water meters
shall be placed within five feet of the potable water meter serving
the property. All meters shall conform to the standards and material
specifications of the City. All reclaimed water meters shall be installed
in accordance with the City's standards and fee schedule.
The property owner and/or customer shall be responsible for
the maintenance of all reclaimed water lines and appurtenances on
the customer's property, in conformance with state and local regulations.
The City reserves the right to disconnect the service to any property
when the reclaimed water system and appurtenances are not properly
maintained. In addition, should the customer require reclaimed water
at different pressures, or different quality, or in any way different
from that normally supplied by the City, the customer shall be responsible
for the necessary devices to make adjustments and for obtaining approval
from the Director.
A.
No person shall open, enter into, place, or allow anything to be
placed in a manhole, vault, or valve box of the City's reclaimed water
system without written approval from the Director or his or her designee.
B.
No person shall damage, obstruct, or cover a manhole, vault, or valve
box of the City's reclaimed water system.
C.
No person shall plant trees, shrubs, or other plants within a reclaimed
water easement without prior written approval from the Director.
D.
No person shall place any part of a structure or any permanent equipment
within a reclaimed water easement without prior written approval from
the Director.
It shall be unlawful for any person to remove, damage, or interfere
with any reclaimed water pipes belonging to the City or to remove,
break, or injure any portion of any manhole or any part of the reclaimed
water of the utility system.
All reclaimed water facilities and appurtenances within dedicated
public easements, when constructed or accepted by the City, shall
become and remain the property of the City. No person shall, by payment
of any charges provided herein or by causing any construction of facilities
accepted by the City, acquire any interest or right in any of these
facilities or any portion thereof, other than the privilege of having
his or her property connected thereto for reclaimed water service
in accordance with this article and any amendments thereof.
