City of Sparta, MO Chapter 700 Water

Section 700.010 Definitions; Word Usage.

[Ord. No. 470 Art I, 8-10-2010[1]; Ord. No. 14-014, Art. I, 6-10-2014]

A. Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

COMMUNITY WATER SYSTEM

A public water system which serves at least fifteen (15) service connections or regularly serves at least twenty-five (25) residents on a year-round basis.

CROSS-CONNECTION

Any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the public water system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and any other temporary or permanent devices through which backflow can or may occur are considered cross-connections.

HEARING BOARD

That Board appointed according to provision when applicable.

PERSON

Any individual, firm, company, association, society, corporation, or group.

pH

The negative logarithm of the concentration of hydrogen ions in an aqueous solution.

PUBLIC WATER SYSTEM

A system for provision to the public of piped water for human consumption, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year. The system includes any collection, treatment, storage or distribution facilities used in connection with the system. A public water system is either a community water system or a non-community water system.

SANITARY SEWER

A sewer which carries sewage and to which stormwater, surface water and groundwaters are not intentionally admitted.

SERVICE CONNECTION

Each individual connection of a user to a water main or pipe for the purpose of conveying water to a point of use.

SERVICE LINE

Any water line or pipe connected to a public water supply's distribution main or pipe that conveys water to a point of use. Each service line is owned and maintained by the customer at that service connection, and such line begins at the customer's side of the meter.

SUPERINTENDENT

The Superintendent of Water Works, who is in responsible charge of the operation and maintenance of the public water supply serving the City.

WATER DISTRIBUTION SYSTEM

All piping, conduits, valves, hydrants, storage facilities, pumps and other appurtenances, excluding service connections, which serve to deliver water from a water treatment plant or source to the public.

WATER MAIN

Any water main line or pipe which conveys water to a point of use from a water treatment plant, source, or water storage facility. Water mains are owned and maintained by the City.

WATER METER

A water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by a user and approved by the City. Each individual service connection shall have a water meter.

WATER TREATMENT PLANT

A facility which uses specific processes such as sedimentation, coagulation, filtration, disinfection, aeration, oxidation, ion exchange, fluoridation, or other processes which serve to add components or to alter or remove contaminants from a water supply source.

B. "Shall" is mandatory; "may" is permissive.

[1] Editor's Note: This ordinance superseded former Sections 700.010 — 700.080, as adopted and amended by CC 1982 §§29.010 — 29.060; Ord. No. 103 §§1 — 2, 8-25-1984; Ord. No. 307, 8-11-1987; Ord. No. 418, 11-15-2005.

Section 700.020 Connection to Public Water.

[Ord. No. 470 Art. II, 8-10-2010; Ord. No. 476, 1-11-2011; Ord. No. 14-008 §1, 4-8-2014; Ord. No. 14-014, Art. II, 6-10-2014]

A. The owner of all houses, buildings, or properties used for human employment, recreation, residence or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located access to a public water system within one hundred (100) feet of the property line, is hereby required to connect to such facilities in accordance with the provisions of this Chapter, within ninety (90) days after date of official notice to do so.

B. For properties outside of the City of Sparta limits, the property owner shall agree to annex if contiguous to the City limits or shall agree to an irrevocable consent to annex when property becomes contiguous.

Section 700.030 Privately Owned Public Water System. [1]

[Ord. No. 14-014, Art. III, 6-10-2014]

A. Before commencement of construction of a privately owned public water system in the City's jurisdiction, the owner shall first obtain a written permit signed by the Superintendent and/or other duly authorized employee(s) of the City of Sparta. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent and/or other duly authorized employee(s) of the City of Sparta. Permit, connection, inspection and other fees shall be paid as due per Section 700.040 of this Chapter at the time the application is filed.

B. Contracts With Property Owners. Before a new connection to the water system is activated or an existing connection to the water system is reactivated, the property owner must sign a contract, prepared by the City, promising to pay all fees, surcharges and penalties associated with that particular service connection.

C. When a public water system becomes available, customers that connect must physically disconnect from the existing private system (well), in accordance with the City's Cross-Connection Prevention Ordinance.[2] The well shall then be properly plugged in accordance with guidelines established by the Missouri Department of Natural Resources Division of Geology and Land Survey (DGLS) and outlined in State regulation 10 CSR 23-3.110 as amended, unless the owner wants to keep it functional for uses other than providing drinking water. A well may only be kept if it remains physically disconnected from the public water supply's distribution system, has a functional pump, is connected to an electrical service, and is pumped at least once in a twelve-month period.

[2] Editor's Note: See Ch. 705, Cross-Connection Control.

D. Upon connecting to the public water system, the appropriate DNR regional office shall be notified, in writing, that the connection(s) have been completed.

E. Extension Of Water System To New Service Areas. The expense of extending the water system to new areas shall be borne by the residential users and non-residential users in such areas, unless approved by the Board of Aldermen.

[1] Editor's Note: Former Section 700.030, Privately Owned Public Water System, adopted by Ord. No. 470 Art. III, 8-10-2010, was repealed 1-11-2011 by Ord. No. 476.

Section 700.040 General Regulations and Prohibitions.

[Ord. No. 470 Art. IV, 8-10-2010; Ord. No. 14-014, Art. IV, 6-10-2014]

A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public water system or appurtenance thereof without first obtaining a written permit from the Superintendent and/or other duly authorized employee(s) of the City of Sparta.

B. Connection Permit Fee. Before a new connection to the water system is activated, or an existing connection to the water system is reactivated:

1. Each residential user shall pay the City a permit fee of twenty-five dollars ($25.00); and

2. Each non-residential user shall pay the City a permit fee of two hundred fifty dollars ($250.00).

C. Connection Impact Fee. Before a new connection to the water system is activated, the user, whether a residential user or non-residential user, shall pay the City an impact fee of eight hundred dollars ($800.00).

D. Deposit. Before a new connection to the water system is activated or an existing connection to the water system is reactivated, the user, whether a residential user or a non-residential user, must have one hundred twenty-five dollars ($125.00) on deposit with the City. The deposit is to be applied toward the payment of any delinquent water bills associated with the corresponding service connection.

1. For an owner-occupied property, the deposit (less any monies needed to satisfy the water bills charged through the service connection to that property) is to be returned to the user, whether a residential user or a non-residential user, after service is disconnected.

2. For property that is not owner-occupied, the deposit (less any monies needed to satisfy the water bills charged through the service connection to that property) is to be returned to the property owner after service is disconnected. The property owner maintains a deposit of one hundred twenty-five dollars ($125.00) and applies to all of its properties; the City does not require the landlord to maintain a separate deposit for each of its properties that are not owner-occupied.

E. The City shall furnish and install a water meter for each connection to the public water system. The cost of furnishing and installing the water meter, in the amount of three hundred fifty dollars ($350.00) for a standard one-half-inch or three-quarter-inch water meter shall be paid by the property owner whose property connects to the public water system through such water meter. For water meters over three-quarter-inch diameter, the owner shall be responsible for provision of a meter approved by the City of the brand and of the general quality of the City's standard meter and shall be responsible for all costs and work associated therewith.

F. There shall not be more than one (1) dwelling unit of any sort or more than one (1) business or any combination of businesses or houses or trailers on any one (1) meter. Each house, trailer, dwelling of any type of place of business shall have a separate water meter. The only exception shall be connections to the public water system in place prior to May 8, 2012.

G. All costs and expenses incident to the installation of the service line and connection to the public water system shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the water service.

H. A separate and independent service connection shall be provided for every building.

I. The size, alignment, material used in the construction of new or the replacement of the existing public water system, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the most recent edition of the Missouri Department of Natural Resources (MDNR) Public Drinking Water Program, Design Guide for Community Public Water Supplies. A permit to construct, issued by MDNR, will be received prior to construction, alteration or extension of the water system.

J. The applicant for a public water system connection permit shall notify the Superintendent and/or other duly authorized employee(s) of the City of Sparta when a service line is ready for inspection and connection to the water system. The connection shall be made under the supervision of the Superintendent and/or other duly authorized employee(s) of the City of Sparta.

K. Inspection Of Connection To The Water System. Before a new connection to the water system is activated, it shall be inspected by an inspector designated by the City. The user, whether a residential user or a non-residential user, shall pay the City a cost for inspecting such user's new connection of forty dollars ($40.00).

L. All excavations for public water system improvements, replacements or repairs shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

M. A check valve approved by the City shall be provided on all connections to steam boilers and on any other connection deemed necessary by the City for the purpose of safeguarding public health and welfare.

N. A reduced pressure backflow prevention device approved by the City shall be provided on all connections to waterlines associated with fire suppression systems, sewer works, irrigation, and on any other connection deemed necessary by the City for the purpose of safeguarding public health and welfare.

Section 700.050 Tampering with Water System Prohibited.

[Ord. No. 470 Art. V, 8-10-2010; Ord. No. 14-014, Art. V, 6-10-2014]

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the public water system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

Section 700.060 Entry on Property.

[Ord. No. 470 Art. VI, 8-10-2010; Ord. No. 14-014, Art. VI, 6-10-2014]

A. The Mayor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter.

B. While performing the necessary work on private properties referred to in Section 700.060(A), above, the Mayor, Superintendent and/or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.

C. The Mayor, Superintendent and/or other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the public water system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Section 700.070 Violations and Penalties.

[Ord. No. 470 Art. VII, 8-10-2010; Ord. No. 14-014, Art. VII, 6-10-2014]

A. Any person found to be violating any provision of this Chapter except Section 700.050 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in Section 700.070(A) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each twenty-four-hour period in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

Section 700.080 (Reserved)

Section 700.090 Lead Ban in Public and Private Drinking Water Plumbing.

[Ord. No. 327 §§I — III, 5-5-1992]

A. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

CONSUMER

The owner or person in control of any premises supplied by or in any manner connected to a public water system.

LEAD-BASE MATERIALS

Any material containing lead in excess of the quantities specified in the definition of lead free.

LEAD FREE

1. When used with respect to solder and flux, refers to solders and flux containing not more than two-tenths percent (0.2%) lead; and

2. When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than eight percent (8%) lead.

PUBLIC DRINKING WATER SYSTEM

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 Resources.

WATER PURVEYOR

The owner, operator or individual in responsible charge of a public water system.

B. Purpose. The purpose of this Section is:

1. To ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and

2. To protect City residents from lead contamination in the City's public drinking water system and their own private plumbing systems.

C. Application. This Section shall apply to all premises served by the public drinking water system of the City of Sparta.

D. Policy.

1. 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.

2. If, in the judgment of the water purveyor or his/her authorized representative, lead-base materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead-base materials removed from the plumbing system and replaced with lead-free materials. If the lead-base materials are not removed from the plumbing system, the water purveyor shall have the right to discontinue water service to the premises.

E. Lead Banned From Drinking Water Plumbing.

1. No water service connection shall be installed or maintained to any premises where lead-base materials were used in new construction or modifications of the drinking water plumbing after January 1, 1989.

2. If a premises is found to be in violation of this Section, water service shall be discontinued until such time that the drinking water plumbing is lead free.