[HISTORY: Adopted by the Mayor and Common Council of the City of Westminster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Charter provisions — See §§ 33.1 and 42.1 of the City Charter.
Plumbing — See Ch. 112.
Sewers and sewage — See Ch. 124.
Fees — See Ch. A175.
[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.
[1]
Editor's Note: See Ch. A175, Fees, Art. II, Utility Fees.
[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.
[1]
Editor's Note: See Ch. A175, Fees, Art. II, Utility Fees.
(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]
[1]
Editor's Note: See Ch. A175, Fees, Art. II, Utility Fees.
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]
[1]
Editor's Note: See Ch. A175, Fees, Art. II, Utility Fees.
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.
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]
[1]
Editor's Note: See Ch. A175, Fees, Art. II, Utility Fees.
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.
(9) 
Violation of § 160-13 of this article, or violation of any order issued by the Mayor and Common Council, any drought management plan adopted by resolution, or any order issued by the Mayor pursuant thereto.
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.
(2) 
Any application for an allocation shall be accompanied by a fee as provided in the Utility Fee Ordinance.[1]
[1]
Editor's Note: See Ch. A175, Fees, Art. II, Utility Fees.
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.
D. 
Notwithstanding anything contained in this section to the contrary, water allocation for any development application submitted for approval shall be subject to the additional procedures and regulations set forth in Subsection K of § 164-193 and Subsection J of § 164-211 of this Code.
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.
B. 
The objectives of this article are:
(1) 
To reduce potable water demand.
(2) 
To reduce wastewater discharges into local watersheds.
(3) 
To help meet nutrient-reduction goals for the Chesapeake Bay.
In this article, the following terms shall have the meanings provided in this section unless the context clearly indicates otherwise:
AVAILABLE
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.
CROSS-CONNECTION
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.
DEPARTMENT
The City of Westminster's Department of Public Works.
DIRECTOR
The Director of Public Works or his or her designee.
DRY LINE
A pipe installed underground for the purpose of transporting water but which is not connected to a water system.
IRRIGATION 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.
MDE
The Maryland Department of the Environment.
PERMIT
Written permission granted by the City to install and/or use reclaimed water lines and/or systems.
POTABLE WATER
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.
RECLAIMED DISTRIBUTION MAIN
Those conduits used to supply reclaimed water to service lines from transmission mains.
RECLAIMED WATER DISTRIBUTION SYSTEM
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.
RECLAIMED WATER 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.
RECLAIMED WATER SERVICE AREA
Any portion of the City's water sewer service area that is within the City's reclaimed water distribution system.
RECLAIMED WATER SERVICE STUBS
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.
SERVICE LINE
That conduit for reclaimed water from the reclaimed water distribution main to the property line.
TRANSMISSION MAINS
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.
UTILITY SYSTEM or UTILITY LINES
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.
WATER SERVICE AREA
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.
A. 
Except as set forth in Subsection B hereof, reclaimed water shall only be used for the following purposes:
(1) 
Irrigation of farmland, golf courses, athletic fields, turf, and/or landscaping; and
(2) 
Any other use that the Director considers appropriate and is approved by MDE.
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.
[1]
Editor's Note: See Ch. 112, Plumbing.
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.
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.