[Ord. No. 5.202 §1, 6-17-1954]
It is hereby found, determined and declared to be necessary for the public health, safety, welfare and benefit of the City of California, Missouri, and its inhabitants that the waterworks and the sewerage system of the City of California, Missouri, 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 said waterworks and said sewerage system, and all future improvements and extensions thereto, as aforesaid, thenceforth be operated and maintained as a combined waterworks and sewerage system.
[Ord. No. 14.535 §§1 — 3, 10-5-2015]
A. 
Definitions. For the purposes of this Section and enforcement thereof, the following terms shall mean:
APPROXIMATE LOCATION
A strip of land not wider than the width of the underground facility plus two (2) feet on either side thereof. In situations where reinforced concrete, multiplicity of adjacent facilities or other unusual specified conditions interfere with location attempts, the owner or operator shall designate to the best of his or her ability an approximate location of greater width.
DESIGN REQUEST
A request from any person for facility location information for design purposes only.
EMERGENCY
A sudden, unexpected occurrence, presenting a clear and imminent danger demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. "Unexpected occurrence" includes, but is not limited to, thunderstorms, high winds, ice or snow storms, fires, floods, earthquakes, or other soil or geologic movements, riots, accidents, water or wastewater pipe breaks, vandalism, or sabotage.
EXCAVATION
Any operation in which earth, rock or other material in or on the ground is moved, removed or otherwise displaced by means of any tools, equipment or explosives and includes, without limitation, backfilling, grading, trenching, digging, ditching, pulling material from a ditch but not including routine road maintenance, drilling, well drilling, augering, boring, tunneling, scraping, cable or pipe plowing, plowing in, pulling in, ripping, driving, and demolition of structures, except that the use of mechanized tools and equipment to break and remove pavement and masonry down only to the depth of such pavement or masonry on roads dedicated to the public use for vehicular traffic, the tilling of soil for agricultural purposes when such excavation does not exceed sixteen (16) inches in depth, the installation of marking flags and stakes and the use of pressurized air to disintegrate and suction to remove earth, rock, or other materials for the location of underground facilities shall not be deemed excavation. Backfilling or moving earth on the ground in connection with other excavation operations at the same site shall not be deemed separate instances of excavation. For railroads regulated by the Federal Railroad Administration, excavation shall not include any excavating done by a railroad when such excavating is done entirely on land that the railroad owns or on which the railroad operates, or in the event of an emergency, excavating done by a railroad on adjacent land.
EXCAVATOR
Any person making one or more excavations who is required to make notices of excavation under the requirements of Sections 319.010 to 319.050, RSMo., as presently enacted.
LOCATE STATUS
The underground facility owner's designation of the status of the locate request to the notification center which then makes that information available to the person making the locate request through electronic or other means.
MARKING
The use of paint, flags, stakes, or other clearly identifiable materials to show the field location of underground facilities, or the area of proposed excavation, in accordance with the marking standards for underground facilities as designated by the Common Ground Alliance Best Practices Version 10.0 except that approximate location shall comply with the requirements as set forth in the definition of "approximate location" in this Section.
NOTIFICATION CENTER
A statewide organization operating twenty-four (24) hours a day, three hundred sixty-five (365) days a year on a not-for-profit basis, supported by a majority of the underground facility owners in the State of Missouri.
NOTIFICATION CENTER PARTICIPANT
An underground facility owner who is a member and participant in the notification center.
PERMITTED PROJECT
A project for which a permit for the work to be performed is required to be issued by a local, State or Federal agency and, as a prerequisite to receiving such permit, the applicant is required to notify all underground facility owners in the area of the work for purposes of identifying the location of existing underground facilities.
PERSON
Any individual, firm, joint venture, partnership, corporation, association, cooperative, municipality, political subdivision, governmental unit, department or agency and shall include a notification center and any trustee, receiver, assignee or personal representative thereof.
PIPELINE FACILITY
Includes all parts of a facility through which a hazardous liquid or gas moves in transportation, including, but not limited to, pipe, valves and other appurtenances connected to pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.
STATE PLANE COORDINATES
A system of locating a point on a flat plane developed by the National Oceanic and Atmospheric Administration and utilized by State agencies, local governments, and other persons to designate the site of a construction project.
TRENCHLESS EXCAVATION
Horizontal excavation parallel to the surface of the earth which does not use trenching or vertical digging as the primary means of excavation, including but not limited to directional boring, tunneling, or augering.
UNDERGROUND FACILITY
Any item of personal property which shall be buried or placed below ground for use in connection with the storage or conveyance of water, storm drainage, sewage, telecommunications service, cable television service, electricity, oil, gas, hazardous liquids or other substances, and shall include but not be limited to pipes, sewers, conduits, cables, valves, vaults, lines, wires, manholes, attachments, or appurtenances, and those portions of pylons or other supports below ground that are within any public or private street, road or alley, right-of-way dedicated to the public use or utility easement of record, or prescriptive easement. If gas distribution lines or electric lines, telecommunications facilities, cable television facilities, water service lines, water system, storm drainage or sewer system lines, other than those used for vehicular traffic control, lighting of streets and highways and communications for emergency response, are located on private property and are owned solely by the owner or owners of such private property, such lines or facilities receiving service shall not be considered underground facilities for purposes of this Chapter, except at locations where they cross or lie within an easement or right-of-way dedicated to public use or owned by a person other than the owner of the private property. Water and sanitary sewer lines providing service to private property that are owned solely by the owner of such property shall not be considered underground facilities at any location. A structure that transports only stormwater drainage under roadways, driveways, or railways shall not be considered an underground facility.
UNDERGROUND FACILITY OWNER
Any person who owns or operates underground facilities.
WORKING DAY
Every day, except Saturday, Sunday or a legally declared State or Federal holiday.
B. 
Requirements.
1. 
All property owners and contractors or other individuals doing work (installation or replacement of water, sewer, or natural gas facilities) within the City shall complete an application for service on the form supplied by the City prior to any water, sewer, or natural gas installation regardless of whether said installation is to be completed by the contractor or the property owner. Precise location coordinates and as-built drawings for all underground facilities shall be provided to the City by the person performing the installation.
2. 
By January 1, 2016, if new lateral sewer pipes or water service lines are installed and connected to an underground facility within the public right-of-way, as defined herein, or if such infrastructure is fully replaced by excavation within the public right-of-way, the facility owner shall be required to place tracer wire or other utility location technology and an access point within a protective enclosure over water lines and cleanouts for gravity sewer laterals. For sewer laterals operating under pressure or vacuum, the facility owner shall be required to place an access point within a protective enclosure and shall not be required to place a cleanout. All protective enclosures and cleanouts shall be extended to grade and installed so that they are easily accessible. For water service lines and sewer laterals operating under pressure or vacuum, tracer wire, or other utility location technology, shall be placed within the protective enclosure to provide approximate location of the underground facilities in these areas that are located within a public right-of-way. An underground facility owner shall not be liable to any party for damages or injuries resulting from an excavation if they are in compliance with this Section. This Section shall apply to all installations of water service lines and sewer laterals without regard to their status as underground facilities under Section 319.015, RSMo. Nothing in this Section shall require any owner of underground facilities who is not otherwise required under Sections 319.010 to 319.050, RSMo., to become a notification center participant.
3. 
The installer shall furnish and install a coated solid copper trace wire on all non-conductive water, sewer, and natural gas service lines in the trench attached to the pipe. The trace wire shall be in accordance with the City's trace wire specification document.
4. 
The trace wire shall be twelve-gauge minimum and run continuously without splices for the full length of the service line from the building to the water, sewer, or natural gas main. If splicing is necessary, a direct bury splice kit is required in accordance with the City's trace wire specification document.
5. 
The trace wire shall daylight at the point of entry at the foundation of the building through PVC conduit and be permanently attached to a test station as a future contact point to locate the service. The test station shall be in accordance with the City's trace wire specification document.
6. 
The trace wire shall be installed on all new water main installations in the street/roadway and shall come to the surface at every fire hydrant for termination in accordance with the City's trace wire specification document.
7. 
In some circumstances the Public Works Department and/or Building Official may also require trace wire be extended to curb boxes, clean-outs, gutter drains, fire hydrants, or other similar underground infrastructure in accordance with the City's trace wire specification document.
8. 
All other ordinances concerning the water, sewer, and natural gas systems of the City will be complied with.
C. 
Violations And Penalties. Any violation of this Section is unlawful and shall be punished under Section 100.040 of the City of California. Each day that such a violation persists shall be considered a separate violation under City ordinances.