Cross References — As to water supply in mobile home parks, §505.140; as to toilet facilities in mobile home parks, §505.150; as to sewage disposal in mobile home parks, §505.180; as to zoning regulations of disposal of waste and water supply, §405.070.
State Law References — Control of watercourses, establishing
water reservoirs, §77.140, RSMo.; authority to establish sewerage
system, §§88.832 et seq., RSMo.; acquisition and operation
of waterworks, §§91.090 et seq., RSMo.
[R.O. 2009 §28-16; Code 1975 §560.010]
A.
It
is hereby found, determined and declared to be necessary for the public
health, safety, welfare and benefit of the City and its inhabitants
that the existing waterworks of the City and the existing sanitary
sewerage system and all future improvements and extensions thereto
be combined and that they shall thenceforth be operated and maintained
as a combined waterworks and sewerage system.
B.
The
sanitary sewerage system and all future improvements and extensions
thereto, whether to the waterworks or to the sewerage system or to
both, shall be and the same are combined and it is hereby declared
that such waterworks and such sewerage system and all future improvements
and extensions thereto as aforesaid, thenceforth, shall be operated
and maintained as a combined waterworks and sewerage system.
[R.O. 2009 §28-28; Ord. No. 1569 §I(560.510), 4-22-1981]
A.
Any
person desiring to be served by the Water Department of the City shall
apply in writing to the City Clerk on a printed form furnished by
the City for that purpose.
C.
The
application for service will be directed to the Superintendent of
the Water Department and he/she or his/her office will carefully review
the information and approve or disapprove the application and signify
such action in the space provided thereon.
D.
In
the process of approving the application, the Superintendent will
also prescribe the cost to the property owner for the installation
of the service and the meter.
[R.O. 2009 §28-29; Code 1975 §560.500]
A.
Applications
for water service shall be made to the City Clerk by the owner or
the occupant of the property to be serviced. At the time of such application
there shall be deposited with the City Treasurer the estimated amount
of the cost of making the water connections. On making such application
and deposit, the water service will be rendered, provided that a water
main is readily accessible to the property.
B.
The
charge to be made against such deposit shall be known as a connection
charge and shall be used by the City to reimburse the City for the
cost of the water meter and the cost of material and labor used in
making the service connection from the water main to the water meter.
[R.O. 2009 §28-30; Ord. No. 1959 §I(560.520), 4-22-1981; Ord. No. 2358 §1, 3-24-1993]
A.
Deposits
shall be required of each water and sewer customer within the City
of Festus, Missouri, as follows:
1.
Single-family owner occupied residential unit: Fifty dollars ($50.00).
2.
Single-family renter occupied residential unit: One hundred fifty
dollars ($150.00).
[Ord. No. 4265 §I, 1-14-2016]
3.
Apartment units: One hundred dollars ($100.00) each unit where a
single meter service is used.
4.
Commercial deposits shall be based on one (1) month's estimated service
cost. In no case shall the deposit be less than one hundred dollars
($100.00).
5.
Industrial customers shall be assessed a deposit based upon estimated
monthly charge for water service. In no case shall the deposit be
less than one hundred dollars ($100.00).
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The deposit may not (at the option of the City Administrator)
be required of resident owners of property served if a good history
of payment on water charges is found, but shall always be required
of customers renting or leasing a property served. The water deposit
of resident property owners may be returned upon request after a three
(3) year history of payment on water charges, for those services installed
after the effective date of this Section.
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B.
A special
account shall be maintained in the books of the Water Department to
receive deposits and shall be limited to refunding of deposits to
customers upon termination of their service contracts and upon full
payment of their final bill or transfers of funds to the general Water
Fund in the event of forfeiture of the deposit due to non-payment
of the water bill. Any interest earned may be transferred to the water
revenue account.
[R.O. 2009 §28-31; Code 1975 §560.530; Ord. No. 1655 §§1 — 2, 5-26-1982; Ord. No. 3109 §I, 10-24-2001; Ord. No. 3496 §I, 11-22-2004; Ord. No. 3867 §I, 4-8-2009]
A.
The
customer shall be responsible for cost and installation of water service
connections and piping from the public water main to the building.
Conditions for said installation are as follows:
1.
Service lines shall not be less than three-quarter (¾) inch
in size.
2.
For customers requiring a service connection a certified plumbing
contractor shall make the connection to the public water main and
City personnel shall inspect the installation of piping and fittings.
3.
The customer/contractor shall be responsible for the repair of any
damages to the public water main or tracer wire above the public main
at the time of and as a result of the installation of the water service
connection.
4.
The meter shall be set as designated by the City.
5.
The City shall inspect the service line and meter setting and upon
receipt of the meter deposit set the meter and establish service.
The customer/contractor shall be responsible for any leaks on the
service from the main to the meter for ninety (90) days. Thereafter,
the City will take responsibility. If the water meter is inside a
building, the City will only be responsible to the curb stop.
6.
The customer/contractor shall supply all material as specified. All
meters shall be Neptune auto-read. Meters shall be purchased from
the City.
[R.O. 2009 §28-32; Ord. No. 1569 §I(560.540), 4-22-1981; Ord. No. 2358 §2, 3-24-1993]
A.
Each
individual housing unit, including duplex units, shall be metered
separately, except that multi-family dwelling units, other than duplexes,
may be served by one (1) meter for each building or structure where
the installation of separate meters is impractical.
B.
Any
building or structure which has multiple units served by a single
meter or separate services on the same curb stop shall have the water
service connected in the name of the property owner. The bill for
water service shall therefore be that of the owner and may not be
assessed to individual tenants where one (1) meter or one (1) curb
stop is involved.
[R.O. 2009 §28-33; Code 1975 §560.550; Ord. No. 2358 §3, 3-24-1993]
A.
Except as set forth in Section 705.090, during regular hours of the Water Department principal office, no charge shall be made for turning on water to any premise for a customer. If the customer desires to have the water turned on at some other time of the day or night, then a charge for such turn on shall be the actual cost borne by the City to call out an employee to perform such service.
B.
Water
service shall not be turned on unless some person is present on the
premises to represent the owner or tenant to inspect the plumbing
for open faucets or leaks.
[R.O. 2009 §28-34; Code 1975 §560.560; Ord. No. 2358 §4, 3-24-1993; Ord. No. 4377, 4-26-2017]
A.
Discontinuance After Notice. The Water Department may, after due
notice has been given, discontinue water service to any customer for
violation of any of the rules and regulations contained in this Article.
B.
How Service Is Discontinued. The water service may be discontinued
by turning off the curb stop, removing the meter or by severing the
connection at the water main. If the service line is severed, the
customer shall pay the cost of such disconnection and the reconnection
as well as remedying the violation before the service is restored.
C.
Discontinuance Without Notice. The Water Department may discontinue
service without notice if any employee discovers an occupant of the
premises using water without a contract for service or by-passing
the meter or otherwise fraudulently obtaining water.
D.
Water Bills To Be A Lien On The Property. The City of Festus reserves
the right to assess any past due water/sewer bill as a lien against
the property served.
E.
Owner/Occupant Responsibilities. When an occupant is delinquent in
payment of water/sewer services hereunder for thirty (30) days, the
City of Festus will make a good faith effort to notify the owner of
the premises receiving such water/sewer services of the delinquency
and the amount thereof and such premises owner shall be liable to
the City of Festus for sums due hereunder for up to ninety (90) days
of service in accordance with applicable law. Notice of termination
of service shall be sent to both the occupant and the owner of the
premises receiving such service.
F.
Filing Suit. If a water/sewer service bill has become delinquent,
the City of Festus may file suit against either or both the occupant
and the owner of the premises receiving such service for any unpaid
service charges, connection fees, cutoff and reconnection fees, or
any other fee or charge lawfully assessed pursuant to this Code, less
any deposit retained by the City of Festus. The City of Festus may
ask a court to award interest as provided by law and for attorney's
fees pursuant to Section 250.140.1, RSMo. The City of Festus may also
take necessary measures to record any balance due for the amount described
above as a lien upon the property for which the bill was delinquent.
The City of Festus may also refer any delinquent balance to a private
debt collection company.
[R.O. 2009 §28-35; Code 1975 §560.370; Ord. No. 2358 §5, 3-24-1993; Ord. No. 3504 §I, 12-22-2004; Ord. No. 4377, 4-26-2017]
If any bill for water/sewer service shall be and remain as long
as fifteen (15) days past due and unpaid, service to such customer
shall be discontinued and shall not be reconnected until all past
due bills are paid in full, together with a cutoff charge and reconnecting
charge for water service of twenty-five dollars ($25.00). It shall
be the duty of the Utility Billing Clerk to notify the Superintendent
of the Water Department or other appropriate officer of such delinquency
and such Superintendent shall proceed immediately to disconnect the
water service.
[R.O. 2009 §28-35.5; Res. No. 3512½ §§I — V, 3-9-2005]
A.
If
any bill for water service remains unpaid, the Water Department may
allow customers to sign an arrangement agreement to pay the past due
amount of their bill. Before entering into such an arrangement, the
charges for service on the most recent bill must be paid in full.
B.
The
amounts past due shall then be paid over a period of time depending
on the amount past due.
1.
Under two hundred dollars ($200.00) shall be paid in equal payments
within sixty (60) days.
2.
Between two hundred dollars ($200.00) and three hundred dollars ($300.00)
shall be paid in equal payments within ninety (90) days.
3.
Three hundred dollars ($300.00) and above shall be paid in equal
payments within one hundred twenty (120) days.
C.
The
arrangement agreement shall be made with the understanding that the
customer will pay each monthly water bill, they receive after that
time, by the due date on the bill.
D.
It
shall also be the policy of the City to, at the request of the customer
entering into the arrangement agreement, send two (2) Water Department
employees to inspect the customer's property to determine a possible
reason for the high water bill. The employees will inspect the exterior
of the property and, with the written permission of the property owner,
the plumbing inside the dwelling. The inspection is a courtesy to
residents of the City who are experiencing unusually high water bills.
The City is not liable for errors and omissions resulting from the
inspection. Customers are advised to consult with a professional plumber
for an independent inspection.
E.
Any
extraordinary payment arrangements should be made at the direction
of the City Administrator or Finance Officer. These payments would
be necessary due to conditions which the Water Department determines
to be beyond the scope of the second (2nd) paragraph of this policy.
[R.O. 2009 §28-36; Code 1975 §560.580; Ord. No. 2358 §6, 3-24-1993]
A.
A prompt
notice shall be given to the Water Department when premises are to
be vacated and when there is to be a change of owner occupancy or
agent. City water service may be discontinued by the customer by giving
twenty-four (24) hours' notice to the Water Department during regular
business hours. Final bills for water service will become due and
payable immediately.
B.
Temporary
discontinuance (for periods of less than three (3) months) may be
made.
[R.O. 2009 §28-37; Code 1975 §560.590]
A.
Authorized
Water Department personnel shall, at all reasonable hours, be granted
access to meters, service connections, plumbing systems and any other
appurtenance to the water mains of the City on any customer's premises
for purposes of installation, maintenance, inspection or other reasons
having to do with the operation of Water Department properties.
B.
Employees
so authorized shall wear identification badges issued by the City
designating them as representatives of the City.
[R.O. 2009 §28-38; Code 1975 §560.600]
When a temporary water meter installation is required, the customer
shall pay the cost of installation and removal of the service. If
the Water Department supplies the materials for the service, the customer
shall pay a reasonable rental for such materials. Water used in the
temporary installation shall be billed at the normal metered rates.
[R.O. 2009 §28-40; Code 1975 §560.620]
A.
Complaints
relating to City water service shall be received at the Water Department
office. A record shall be kept of all complaints so received which
shall show the name and address of the complainant, the nature of
the complaint and the disposition thereof or action taken.
B.
If
satisfactory adjustment of any such complaint cannot be made by the
office of the Water Department or by the Superintendent, the customer
may by written request be granted a hearing before the City Council
at its next regular meeting. The complaint shall be considered by
the City Council and the action of the Council relative thereto shall
be final. It shall be against the policy of the City Council to hear
complaints at any time other than in regular or adjourned session.
If the complaint concerns an overcharge claimed by the customer, he/she
may be granted a delay in payment of the disputed bill without being
subject to collection fees or other penalties until the City Council
shall take action.
[R.O. 2009 §28-41; Code 1975 §560.630]
It shall be the intent of the Water Department to furnish an
uninterrupted supply of potable water to its customers. There will,
however, be interruptions in service due to construction and repair
operations. It shall be the policy of the Water Department to notify
all affected customers in ample time to make preparations for the
"shutoff" period. There may be times during emergencies when it is
necessary to shut off sections of the distribution system without
warning. Therefore, the Water Department shall reserve the right to
turn off water in the mains at any time without notice or liability
to its customers.
[R.O. 2009 §28-43; Code 1975 §560.650; Ord. No. 4143 §I, 1-22-2014]
A.
When
appliances requiring an excessively high rate of water, such as irrigation
systems, are to be installed, the Superintendent of the Water Department
may require the installation, at the customer's expense, of a separate
meter and service connection for such appliance or system and permanent
scheduling of use of the system may be imposed by such Superintendent
in order that the water used may be taken during off-peak periods.
B.
Unless on a separate meter as instituted, the filling of recreational pools, ponds, fountains, and all landscape watering shall be charged at the current established water rate in Section 720.020. No sewer charge exemption shall be allowed for these purposes unless the water is obtained in accordance with Section 705.280. Unless on a separate meter as instituted, the initial filling and maintenance of such listed items shall come from the residential or commercial water line connection as approved by the Public Works Director or his/her assignee.
[R.O. 2009 §28-44; Ord. No. 1569 §I(560.660), 4-22-1981]
A.
The
City of Festus Water Department may from time to time provide for
the extension of water mains for general municipal purposes in order
to promote and protect the public health and welfare. These extensions
shall generally be restricted to the improvement of the existing water
system or the provision of water services to other municipally owned
properties. All such extensions shall substantially conform to the
subdivision control ordinance as passed by the Festus City Council
by Ordinance No. 1346 dated March 12, 1975. Other water main extensions
may be permitted from time to time for the purpose of promoting the
growth and stability of the community, however, no such extension
shall be made without the approval of the Festus City Council.
B.
All
costs of such extensions shall be borne by the City.
[R.O. 2009 §28-45; Ord. No. 1569 §I(560.670), 4-22-1981; Ord. No. 2368 §1, 4-14-1993; Ord. No. 2370 §1, 4-28-1993; Ord. No. 3145 §I, 2-13-2002; Ord. No. 3369 §I, 1-28-2004; Ord. No. 3462 §I, 8-11-2004]
A.
All
water main extensions to any development, "development" being defined to include any piece of property owned by an owner/developer,
which desires water service to that property, shall be subject to
the following procedures and requirements:
1.
The owner/developer shall make all necessary applications to the City in accordance with Chapter 410, Subdivision Regulations.
2.
The owner/developer shall hire a consulting engineer to prepare the necessary construction plans and specifications for the construction of water transmission mains and/or water distribution pipes as applicable. This consulting engineer shall be a registered professional engineer in the State of Missouri. These plans and specifications shall include at a minimum the size, location, depth, material and all connections thereto, including fire hydrants, and shall comply with all necessary provisions contained in Chapter 410, Subdivision Regulations.
3.
Four (4) sets of plans and specifications shall be submitted to the
Director of Planning and Public Works for review and approval from
the Water Superintendent, Fire Chief and Building Official. The City
shall review the plans and specifications for conformity with all
applicable ordinances and policies and make appropriate comments within
a reasonable period of time, not to exceed sixty (60) days.
4.
Upon the approval of the City by a certified notation on the drawing,
the owner/developer shall submit the approved plans to the State Department
of Natural Resources, Division of Water Quality, to secure a State
construction permit.
5.
A copy of the State construction permit shall be sent to the City
prior to the initiation of any construction.
6.
The owner/developer shall arrange for construction of the proposed
water lines subject to any and all other provisions of this Section.
7.
Prior to construction, the owner/developer shall notify the City of their intention to commence construction and provide the City with a sufficient guarantee as provided in Section 410.140 hereof, equal in amount to the estimated cost of construction.
8.
The City will provide periodic construction inspection to ensure
that the plans and specifications are being adhered to. Said inspections
to be performed by the Water Superintendent and/or City Engineer or
their authorized representatives.
9.
All water lines will be subject to hydrostatic pressure tests in
accordance with this policy. Pressure tests shall be accomplished
at the owner/developer's expense with the City Water Superintendent
in attendance to verify the results of the pressure tests.
10.
Upon completion of the construction or the acceptance of the subdivision
plat as the case may be, the owner/developer shall deed to the City
all interest they may have in the water line together with all the
necessary easements for future maintenance and repair.
11.
The owner/developer shall arrange for a one (1) year insurance bond
to guarantee the payment of any repairs required on the just installed
system during the one (1) year period. Once the water extension has
been activated, all repair work on the extension within the first
(1st) year will be accomplished by the City with the owner/developer
paying for all material, labor and equipment necessary to complete
the required repair.
12.
The owner/developer will be required to issue two (2) sets of "as-built"
water line extension plans on a reproducible mylar.
B.
All
water main extensions shall be subject to the following specifications:
1.
Pipe size shall be determined by the Water Superintendent and/or
City Engineer and/or their authorized representatives.
2.
At no time shall any water pipe less than eight (8) inches in diameter
be permitted within any residential, commercial, industrial or any
type of development unless authorized by the Director of Planning
and Public Works or the City's authorized representative.
3.
Fire hydrants shall be located within three hundred (300) feet of
each residence as measured along the proposed roadway.
4.
Fire hydrants shall not be spaced in excess of six hundred (600)
feet.
5.
Fire hydrant specifications. All fire hydrants shall
have a five and one-fourth (5¼) inch barrel, six (6) inch MJ
Shoe; each fire hydrant shall have a six (6) inch auxiliary valve
with valve box installed with it. The hydrant shall be painted with
black asphaltum paint below grade line and with one (1) coat of red
or yellow paint above the grade line as delivered to the site. The
hydrants shall have a minimum bury of four (4) feet, each hydrant
to be three-way with two (2) two and one-half (2½) inch hose
nozzles and one (1) four and one-half (4½) inch pumper nozzle
to have storz adapter.
Each hydrant to have safety stem and flange and to be open left.
Each hydrant to meet or exceed all applicable requirements of
ANSI/AWWA C502 standard. Fire hydrants shall be Mueller A-423 or approved
equal.
6.
All valves shall be Mueller gate valves conforming to AWWA specification
C-500.
7.
Water line pressure pipe shall be PVC pipe with push-on rubber ring
type manufactured in accordance with ASTM D-2241-64-T or commercial
standard CS-256-63 for type 1120 material. Class 200 PVC pipe shall
be made to SDR 26 dimensions. All PVC pipes shall bear the seal of
the National Sanitation Foundation.
8.
Fittings shall be cast-iron, mechanical-joint type and cement mortar
lining complying to ASA specifications A21.10 and A21.4.
9.
All pipes shall be disinfected in accordance with AWWA specification
C-601 prior to being placed in service, in the following manner:
a.
Disinfection shall be by the tablet method.
b.
Hypochlorite tablets shall be attached to the pipe during installation,
two (2) tablets per twenty (20) feet length.
c.
Following installation, the main shall be filled with water at a
velocity not to exceed one (1) foot per second; water shall remain
in the pipe for twenty-four (24) hours prior to flushing.
10.
Trenches shall be backfilled and tamped a minimum of twelve (12)
inches above the pipe; granular backfill may be substituted in lieu
of tamping.
11.
Trenches at road crossings shall be tamped full height or backfilled
with granular backfill material.
12.
All street cuts shall be repaired with the same material as that
removed at the same thickness or greater.
13.
Granular bedding shall be used where rock excavation is encountered.
14.
All pipes shall be subjected to a one (1) hour pressure test in accordance
with AWWA specification C-600. This is to be observed and verified
by the Water Superintendent or City Engineer or their authorized representative.
15.
The owner/developer shall grant and/or make arrangements to grant
the minimum of a ten (10) foot wide easement to the City for future
access and maintenance of the water line extension.
16.
All water line extensions shall be constructed utilizing the placement
of a tracer wire in the trench along with the water main.
17.
All utility installations, whether new, replacement or relocation
of underground facilities (including, but not limited to, cable TV,
electric, gas and telephone), shall maintain a minimum of three (3)
foot horizontal clearance from main water line distribution piping.
If the horizontal clearance requirement cannot be maintained
because of site complications, a variance to the requirement may be
granted in writing by the Director of Planning and Public Works.
[R.O. 2009 §28-46; Ord. No. 1569 §I(560.680), 4-22-1981; Ord. No. 1634 §1, 2-10-1982; Ord. No. 1754 §1, 10-12-1983; Ord. No. 2370 §2, 4-28-1993; Ord. No. 3145 §I, 2-13-2002; Ord. No. 3529 §I, 5-25-2005]
[R.O. 2009 §28-48; Ord. No. 1569 §I(560.700), 4-22-1981]
It is the general policy of the City under this Section not
to extend water mains outside the corporate boundaries of the City.
[R.O. 2009 §28-49; Code 1975 §560.710]
It shall be unlawful for any person to tamper with any water
main or change any water meter or to make any connection to the waterworks
without written permission from the City or to reconnect service,
when it has been disconnected for non-payment of a bill for service,
until such bill has been paid in full, including the cutoff and reconnection
fee.
[R.O. 2009 §28-50; Ord. No. 1569 §I(560.720), 4-22-1981]
City water service customers shall not be permitted to sell
water to other persons.
[R.O. 2009 §28-51; Code 1975 §560.730]
Any person who shall willfully molest, disturb, break, damage
or in any manner wrongfully interfere with or injure the towers, reservoirs,
tanks, water gates, valves, mains, pipes, fireplugs, hydrants, drinking
fountains or any other appliance or any of the pumps, motors or any
other appliance or machinery used or which may hereafter be used in
supplying this City or any of its inhabitants with water or who shall
in any manner impede the flow of water through any of the water mains
or water pipes within this City shall be deemed guilty of an ordinance
violation.
[Ord. No. 4672, 2-28-2022]
A.
General Policy.
1.
Purpose. The purpose of this Section is to:
a.
Protect the public potable water supply from contamination or
pollution by containing within the consumer's internal distribution
system or private water system contaminants or pollutants which could
backflow through the service connection into the public potable water
supply system.
b.
Promote the elimination, containment, isolation, or control
of existing cross connections, actual or potential, between the public
or consumer's potable water system and non-potable water system,
plumbing fixtures, and industrial-process systems.
c.
Provide for the maintenance of continuing program of cross connection
control which will systematically and effectively prevent the contamination
or pollution of all potable water systems.
2.
Application. This Section shall apply to all premises served
by the public potable water system of the City of Festus.
3.
Policy.
a.
This Section will be reasonably interpreted by the water purveyor.
It is the water purveyor's intent to recognize the varying degrees
of hazard and to apply the principle that the degree of protection
shall be commensurate with the degree of hazard.
b.
The water purveyor shall be primarily responsible for protection
of the public potable water distribution system from contamination
or pollution due to backflow of contaminants or pollutants through
the water service connection. The cooperation of all consumers is
required to implement and maintain the program to control cross connections.
The water purveyor and consumer are jointly responsible for preventing
contamination of the water system.
c.
If, in the judgment of the water purveyor or his authorized
representative, cross connection protection is required through either
piping modification or installation of an approved backflow prevention
assembly, due notice shall be given to the consumer. The consumer
shall immediately comply by providing the required protection at his
own expense; and failure, refusal, or inability on the part of the
consumer to provide such protection shall constitute grounds for discontinuing
water service to the premises until such protection has been provided.
C.
Cross Connections Prohibited.
1.
No water service connection shall be installed or maintained
to any premises where actual or potential cross connections to the
public potable or consumer's water system may exist unless such
actual or potential cross connections are abated or controlled to
the satisfaction of the water purveyor, and as required by the laws
and regulations of the Missouri Department of Natural Resources.
2.
No connection shall be installed or maintained whereby an auxiliary
water supply may enter a public potable or consumer's water system
unless such auxiliary water supply and the method of connection and
use of such supply shall have been approved by the water purveyor
and the Missouri Department of Natural Resources.
3.
No water service connection shall be installed or maintained
to any premises in which the plumbing system, facilities, and fixtures
have not been constructed and installed using acceptable plumbing
practices considered by the water purveyor as necessary for the protection
of health and safety.
D.
Survey And Investigations.
1.
The consumer's premises shall be open at all reasonable
times to the water purveyor, or his authorized representative, for
the conduction of surveys and investigations of water use practices
within the consumer's premises to determine whether there are
actual or potential cross connections to the consumer's water
system through which contaminants or pollutants could backflow into
the public potable water system.
2.
On request by the water purveyor or his authorized representative,
the consumer shall furnish information on water use practices within
his premises.
3.
It shall be the responsibility of the water consumer to conduct
periodic surveys of water use practices on his premises to determine
whether there are actual or potential cross connections to his water
system through which contaminants or pollutants could backflow into
his or the public potable water system.
E.
Type Of Protection Required. The type of protection required by this
Section shall depend on the degree of hazard which exists, as follows:
1.
An approved air gap separation shall be installed where the
public potable water system may be contaminated with substances that
could cause a severe health hazard.
2.
An approved air gap separation or an approved reduced pressure
principle backflow prevention assembly shall be installed where the
public potable water system may be contaminated with a substance that
could cause a system or health hazard.
3.
An approved air gap separation or an approved reduced pressure
principle backflow-prevention assembly or an approved double check
valve assembly shall be installed where the public potable water system
may be polluted with substances that could cause a pollutional hazard
not dangerous to health.
F.
Where Protection Is Required.
1.
An approved backflow prevention assembly shall be installed
on each service line to a consumer's water system serving premises
where, in the judgment of the water purveyor or the Missouri Department
of Natural Resources, actual or potential hazards to the public potable
water system exist. The type and degree of protection required shall
be commensurate with the degree of hazard.
2.
An approved air gap separation or reduced pressure principle
backflow prevention assembly shall be installed at the service connection
or within any premises where, in the judgment of the water purveyor
or the Missouri Department of Natural Resources, the nature and extent
of activities on the premises, or the materials used in connection
with the activities, or material stored on the premises, would present
an immediate and dangerous hazard to health should a cross connection
occur, even though such cross connection may not exist at the time
the backflow prevention assembly is required to be installed. This
includes but is not limited to the following situations:
a.
Premises having an auxiliary water supply, unless the quality
of the auxiliary supply is acceptable to the water purveyor and the
Missouri Department of Natural Resources.
b.
Premises having internal cross connections that are not correctable
or intricate plumbing arrangements which make it impractical to ascertain
whether or not cross connections exist.
c.
Premises where entry is restricted so that inspection for cross
connections cannot be made with sufficient frequency or at sufficiently
short notice to assure the cross connections do not exist.
d.
Premises having a repeated history of cross connections being
established or reestablished.
e.
Premises, which due to the nature of the enterprise therein,
are subject to recurring modification or expansion.
f.
Premises on which any substance is handled under pressure so
as to permit entry into the public water supply, or where a cross
connection could reasonably be expected to occur. This shall include
the handling of process waters and cooling waters.
g.
Premises where materials of a toxic or hazardous nature are
handled such that if backsiphonage or backpressure should occur, a
serious health hazard may result.
3.
The types of facilities listed in Appendix B[2] fall into one (1) or more of the categories of premises
where an approved air gap separation or reduced pressure principle
backflow prevention assembly is required by the water purveyor and
the Missouri Department of Natural Resources to protect the public
water supply and must be installed at these facilities unless all
hazardous or potentially hazardous conditions have been eliminated
or corrected by other methods to the satisfaction of the water purveyor
and the Missouri Department of Natural Resources.
[2]
Editor's Note: Appendix B is included as an attachment
to this Chapter.
4.
The type of facility listed in Appendix C[3] are premises where an approved double check valve assembly
is required by the water purveyor and the Missouri Department of Natural
Resources as the minimum level of protection for the public water
supply and must be installed at these facilities unless all hazardous
or potentially hazardous conditions have been eliminated or corrected
by other methods to the satisfaction of the water purveyor and the
Missouri Department of Natural Resources.
[3]
Editor's Note: Appendix C is included as an attachment
to this Chapter.
5.
Customer facilities not listed in Appendix B or C may be designated
a backflow hazard by written notification from the water purveyor.
The notice shall specify the nature of the customer activity that
necessitates designation of the facility as a backflow hazard, the
type of backflow protection required and the date by which the customer
shall install or construct the required assembly.
G.
Backflow Prevention Assemblies. Any backflow prevention assembly
required to protect the facilities listed in Appendixes B and C shall
be of a model or construction approved by the water purveyor and the
Missouri Department of Natural Resources.
1.
Air gap separation to be approved shall be at least twice the
diameter of the supply pipe, measured vertically above the top rim
of the receiving vessel, but in no case less than one (1) inch.
2.
A double check valve assembly for Class II hazards or a reduced
pressure principle backflow prevention assembly for Class I hazards
shall be approved by the water purveyor, and shall appear on the current
list of approved backflow prevention assemblies maintained by the
Missouri Department of Natural Resources (Double Check Valve Assemblies
and Reduced Pressure Backflow Prevention Assemblies approved by the
University of Southern California's Foundation for Cross Connection
Control and Hydraulic Research).
H.
Installation.
1.
Backflow prevention assemblies required by this Section shall
be installed at a location and in a manner approved by the water purveyor
and shall be installed at the expense of the water consumer.
2.
Backflow prevention assemblies shall be installed and in an
orientation as specified by the manufacturer. The Department of Natural
Resources maintains a list of approved backflow prevention assemblies
and the orientation allowed for each assembly.
3.
Modification to an assembly using spare parts other than those
of the original manufacturer invalidates the approval of the device.
4.
No bypass piping shall be allowed around a backflow prevention
assembly unless the bypass is equipped with the same degree of backflow
prevention protection and is tested annually.
5.
Backflow prevention assemblies installed on the service line
to a customer's water system shall be located so as to be readily
accessible for maintenance and testing and protected from freezing.
No reduced pressure principle backflow prevention assembly shall be
located where it will be submerged or subject to flooding by any fluid.
6.
No plug or additional piping shall be affixed to the pressure
differential relief port valve (except for specifically designed funnel
apparatus available from the manufacturer). The pressure differential
relief port must be a minimum of twelve (12) inches above the floor
level.
I.
Testing Of Backflow Prevention Assemblies.
1.
It shall be the duty of the consumer at any premises on which
backflow prevention assemblies required by this Section are installed
to have inspections, tests, and overhauls made in accordance with
the following schedule or more often where test results indicate a
need. The water purveyor may establish the annual test date based
on the nature of the customer's water use requirements.
a.
Air gap separations shall be inspected at the time of installation
and at least every twelve (12) months thereafter.
b.
Double check valve assemblies shall be inspected and tested
for proper operation at the time of installation and at least every
twelve (12) months thereafter.
c.
Reduced pressure principle backflow prevention assemblies shall
be inspected and tested for proper operation at the time of installation
and at least every twelve (12) months thereafter.
2.
Inspections, tests, and overhauls of backflow prevention assemblies
shall be made at the expense of the water consumer and shall be performed
by a State of Missouri-certified backflow prevention assembly tester.
3.
Whenever backflow prevention assemblies required by this Section
are found to be defective, they shall be repaired or replaced at the
expense of the consumer without delay.
4.
Modification to an assembly using spare parts other than those
of the original manufacturer invalidates the approval of the device.
5.
The water consumer must maintain a complete record of each backflow
prevention assembly from purchase to retirement. This shall include
a comprehensive listing that includes a record of all tests, inspections,
and repairs. Records of inspection, tests, repairs, and overhauls
shall be made available to the water purveyor upon request.
6.
Backflow prevention assemblies shall not be bypassed, made inoperative,
removed, or otherwise made ineffective.
J.
Violations.
1.
The water purveyor shall deny or discontinue, after reasonable
notice to the occupants thereof, the water service to any premises
wherein any backflow prevention assembly required by this Section
is not installed, tested, and maintained in a manner acceptable to
the water purveyor, or if it is found that the backflow prevention
assembly has been removed or bypassed, or if an unprotected cross
connection exists on the premises.
2.
Water service to such premises shall not be restored until the
consumer has corrected or eliminated such conditions or defects in
conformance with this Section to the satisfaction of the water purveyor.
[R.O. 2009 §28-52; Code 1975 §560.740]
Any person who shall willfully and maliciously impair any of
the mains, fireplugs, hydrants, valves, gates, valve or stop boxes
or any other property of the waterworks that may be now or may hereafter
be within this City shall be deemed guilty of an ordinance violation.
[R.O. 2009 §28-53; Code 1975 §560.750]
Any person who, within this City, shall himself/herself or by
anyone acting under his/her authority take any water from any main
or fireplug or take or use water from any part of the works or mains
whatsoever within or which may hereafter be within this City without
legal authority to do so or open, hitch to, dig out or maliciously
cover or remove any fireplug, stop cock, valve, gate, valve box or
other fixture or appliance appertaining to the City waterworks or
who shall shut off water into or from any water pipe wherever situated
or permit the same to be done shall be deemed guilty of an ordinance
violation.
[R.O. 2009 §28-54; Ord. No. 3093 Arts. I — VI, 8-29-2001; Ord. No. 3195 Arts. I — V, 4-28-2002]
A.
Purpose. It is determined and declared to be necessary
and conducive to the protection of the public health, safety, welfare
and convenience of the City of Festus to collect charges from all
users who contribute wastewater to the City of Festus treatment works.
The proceeds of such charges so derived will be used for the purpose
of operating, maintaining and retiring the debt for such public wastewater
treatment works.
B.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
NORMAL DOMESTIC WASTEWATER
OPERATION AND MAINTENANCE
REPLACEMENT
RESIDENTIAL CONTRIBUTOR
SHALL
SS (DENOTING SUSPENDED SOLIDS)
TREATMENT WORKS
USEFUL LIFE
USER CHARGE
WATER METER
Definitions. Unless the context specifically indicates otherwise,
the meaning of terms used in this Section shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20°C), expressed in milligrams
per liter (mg/l).
Wastewater that has a BOD concentration of not more than
two hundred fifty (250) mg/l and a suspended solids concentration
of not more than three hundred seventy-five (375) mg/l and any other
pollutant.
All expenditures during the useful life of the treatment
works for materials, labor, utilities and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation
and maintenance" includes replacement.
Any contributor to the City's treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes
only.
Is mandatory; MAY: Is permissive.
The solids that either float on the surface of or are in
suspension in water, sewage or other liquids and which are removable
by laboratory filtering.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid industrial
wastes. These include interceptor sewers, sewage collection systems,
individual systems, pumping, power and other equipment and their appurtenances;
extensions, improvements, remodeling, additions and alterations thereof;
elements essential to provide a reliable recycled supply such as standby
treatment units and clear well facilities; and any works, including
site acquisition of land, that will be an integral part of the treatment
process or is used for ultimate disposal of residues resulting from
such treatment including land for composting sludge, temporary storage
of such compost and land used for the storage of treated wastewater
in land treatment systems before land application; or any other method
or system for preventing, abating, reducing, storing, treating, separating
or disposing of municipal waste or industrial waste, including waste
in combined storm water and sanitary sewer systems.
The estimated period during which the treatment works will
be operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the wastewater treatment works.
A water volume measuring and recording device furnished and/or
installed by a user and approved by the City of Festus.
C.
Adequate Annual Revenues — Funds Established.
1.
The user charge system shall generate adequate annual revenues to
pay the costs of annual operation and maintenance including replacement
and cost associated with debt retirement of bonded capital associated
with financing the treatment works which the City may by ordinance
designate to be paid by the user charge system. That portion of the
total user charge which is designated for operation and maintenance
including replacement of the treatment works shall be established
by this Section.
2.
That portion of the total user charge collected which is designated for the operation and maintenance including replacement purposes as established in Subsection (D) of this Section shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:
a.
The operation and maintenance account shall be an account designated
for the specific purpose of defraying operation and maintenance costs
of the treatment works. Deposits in the operation and maintenance
account shall be made annually from the operation and maintenance
revenue in the amount of two hundred seventy-nine thousand one hundred
ninety-three dollars ($279,193.00) annually.
b.
The replacement account shall be an account designated for the purpose
of ensuring replacement needs over the useful life of the treatment
works. Deposits in the replacement account shall be made annually
from the replacement revenue in the amount of twenty-eight thousand
five hundred twenty-one dollars ($28,521.00) annually.
3.
Fiscal year-end balances in the operation and maintenance account
and the replacement account shall be carried over to the same accounts
in each subsequent fiscal year and shall be used for no other purposes
than those designated for these accounts. Monies which have been transferred
from other sources to meet temporary shortages in the Operation, Maintenance
and Replacement Fund shall be returned to their respective accounts
upon appropriate adjustment of the user charge rates for operation,
maintenance and replacement. The user charge rate(s) shall be adjusted
such that the transferred monies will be returned to their respective
accounts within the fiscal year following the fiscal year in which
they were borrowed.
D.
Actual Use Rate Structure.
1.
Each user shall pay for the services provided by the City based on
their use of the treatment works as determined by water meter(s) acceptable
to the City.
2.
For residential contributors, monthly user charges will be based
on average monthly water usage.
For industrial and commercial contributors, user charges shall
be based on water used during the current month.
3.
(Reference is made to Appendix A of Ordinance No. 3195.) The minimum
charge per month shall be four dollars fifty-seven cents ($4.57),
which includes the first one thousand (1,000) gallons of water. In
addition, each contributor shall pay a user charge for operation and
maintenance including replacement of two dollars sixty-two cents ($2.62)
per thousand (1,000) gallons of water or wastewater as determined
in the preceding Section.
4.
(Reference is made to Appendix A of Ordinance No. 3195.) For those
contributors which contribute wastewater, the strength of which is
greater than normal domestic sewage, a surcharge in addition to the
normal user charge will be collected. The surcharge for operation
and maintenance including replacement is:
|
|
BOD, per pound
|
$0.39
|
|
|
SS, per pound
|
$0.24
|
|
|
Other pollutant(s) (specify), per pound
|
$0.00
|
5.
Any user which discharges any toxic pollutants which cause an increase
in the cost of managing the effluent or the sludge from the City's
treatment works or any user which discharges any substance which singly
or by interaction with other substances causes identifiable increases
in the cost of operation, maintenance or replacement of the treatment
works shall pay for such increased costs. The charge to each user
shall be as determined by the responsible plant operating personnel
and approved by the City Council.
6.
The user charge rates established in this Section apply to all users
of the City's treatment works, regardless of the user's location.
E.
Billing — Payment — Discontinued Service.
[Ord. No. 4377, 4-26-2017]
1.
All water meters shall be read and bills rendered monthly in the following manner: The total amount of gallons of water used by each customer on a monthly basis shall be computed on a monthly basis in accordance with the schedule set out in Section 720.020.
2.
All water services bills shall be due and payable from and after
the date such bills are rendered at the office of the City Clerk during
the regular hours of business. If any bill for water service shall
be and remain due and unpaid fifteen (15) days after the date on which
such bill was rendered, and shall accrue interest thereafter, at a
rate of nine percent (9%) per annum, or the rate permitted by Section
408.020, RSMo., as amended, whichever amount is greater.
3.
When an occupant is delinquent in payment of water/sewer services
hereunder for thirty (30) days, the City of Festus will make a good
faith effort to notify the owner of the premises receiving such water/sewer
services of the delinquency and the amount thereof and such premises
owner shall be liable to the City of Festus for sums due hereunder
for up to ninety (90) days of service in accordance with applicable
law. Notice of termination of service shall be sent to both the occupant
and the owner of the premises receiving such service.
4.
If a water/sewer service bill has become delinquent, the City
of Festus may file suit against either or both the occupant and the
owner of the premises receiving such service for any unpaid service
charges, connection fees, cutoff and reconnection fees, or any other
fee or charge lawfully assessed pursuant to this Code, less any deposit
retained by the City of Festus. The City of Festus may ask a court
to award interest as provided by law and for attorney's fees pursuant
to Section 250.140.1, RSMo. The City of Festus may also take necessary
measures to record any balance due for the amount described above
as a lien upon the property for which the bill was delinquent. The
City of Festus may also refer any delinquent balance to a private
debt collection company.
F.
City Review — Customer Notification.
1.
The City shall review the user charge system annually and revise
user charge rates as necessary to ensure that the system generates
adequate revenues to pay the costs of operation and maintenance, including
replacement, and that the system continues to provide for the proportional
distribution of operation and maintenance including replacement costs
among users and user classes.
2.
The City will notify each user at least annually, in conjunction
with a regular bill, of the rate being charged for operation and maintenance
including replacement of the treatment works.
[R.O. 2009 §28-55; Ord. No. 3417 §§I — V, 4-14-2004]
A.
Developers May Install. Developers working within the City
of Festus may install water tap-ons using their own personnel and
approved materials. Water meters must be provided by the City of Festus.
Written approval must be received from the Director of Planning and
Public Works before developers or their agents may install water tap-ons.
Developers or their agents who install water tap-ons without prior
approval from the City shall be required to uncover the connection
for inspection by the City and, if necessary, install approved materials.
Developers or their agents who install water tap-ons without prior
City approval are subject to a fine of two hundred fifty dollars ($250.00).
B.
Approved Materials. All materials needed for the water tap-ons
shall be purchased from the City of Festus. No other materials will
be acceptable without City approval. In the event that materials not
approved by the City of Festus are installed for the water tap-ons,
developers or their agents shall be required to uncover the tap-on
and install City-approved materials.
C.
Inspections. The City of Festus shall periodically inspect
the water tap-on work performed by the developer or his/her agents.
Within forty-eight (48) hours of the job completion, the City of Festus
shall provide to the Director of Planning and Public Works and the
City Administrator written confirmation that the developer's water
tap-on work meets all City specifications.
D.
Insurance/Bonding. The developer supervising the water tap-on
shall be responsible for providing the City with evidence of insurance
and/or bonding coverage during the period the water tap-on work is
being performed. In the event of insurance coverage, the City of Festus
shall be listed as additional insured. Prior to the time the water
tap-on work begins, it shall be determined by the City if coverage
shall be by insurance and/or bonding. The City of Festus shall be
covered by the insurance and/or bonding for a certain period of time
in the event defects are discovered in the developer's work following
completion of the work.
E.
Tap-On Fees. All applicable tap-on fees imposed by the City
shall be paid by the developer and shall not be waived when the tap-on
work is performed by the developer.
[R.O. 2009 §28-56; Res. No. 3639½ §§I — III, 7-26-2006; Ord. No. 4143 §II, 1-22-2014]
A.
Water
customers in the City may request that a second water meter be installed
for lawn and garden purposes and for recreational water usage, such
as filling a recreational pool, pond, or fountain. Water used from
this meter does not enter the sanitary sewer system; therefore, no
sewer charges will be assessed.
B.
The
customer shall pay a tap-on fee as provided by City ordinance. The
water meter shall be provided by the City. The customer shall be responsible
for all costs incurred in the installation of the water line and setting
of the meter. City employees shall read the water meter monthly to
generate a bill based on the consumption of water along with applicable
taxes.
C.
The
water meter shall be set in a separate meter pit that also contains
the fitting to attach a hose and sprinkling device.
D.
It shall be unlawful for any person to take water from the second meter and use that water for any purpose other than to water the customer's lawn and garden or for recreational water usage, such as filling a recreational pool, pond, or fountain. The penalty for unauthorized taking of water is established in Section 705.250 of the ordinances of the City.
[Ord. No. 4673, 2-28-2022]
A.
General Policy.
[Ord. No. 4673, 2-28-2022]
1.
Purpose. The purpose of this Section is to:
a.
Ban the use of lead materials in the public drinking water system
and private plumbing connected to the public drinking water system;
and
b.
Protect public drinking water system customers from lead contamination
in the City of Festus public drinking water system and their own private
plumbing systems.
2.
Application. This Section shall apply to all premises served
by the public drinking water system of the City of Festus.
3.
Policy.
a.
This Section will be reasonably interpreted by the Water Purveyor.
It is the purveyor's intent to ban the use of lead-based material
in the construction or modification of the City's drinking water
system or private plumbing connected to the City system. The cooperation
of all consumers is required to implement the lead ban.
b.
If, in the judgment of the Water Purveyor or his authorized
representative, lead-based materials have been used in new construction
or modifications after January 4, 2014, due notice shall be given
to the consumer. The consumer shall immediately comply by having the
lead-based materials removed from the plumbing system and replaced
with lead-free materials. It the lead-based materials are not removed
from the plumbing system, the Water Purveyor shall have the right
to discontinue water service to the premises.
B.
CONSUMER
LEAD FREE
LEAD-BASED MATERIALS
PUBLIC DRINKING WATER SYSTEM
WATER PURVEYOR
Definitions. The following definitions shall apply in the interpretation
and enforcement of this Section:
The owner or person in control of any premises supplied by
or in any manner connected to a public water system.
Any material containing lead in excess of the quantities
specified in the definition of "lead free."
Any publicly or privately owned water system supplying water
to the general public which is satisfactory for drinking, culinary
and domestic purposes and meets the requirements of the Missouri Department
of Natural Resource.
The owner, operator, or individual in responsible charge
of a public water system.
