The Town reserves the right to gain access to and utilize any valve, curb stop or device controlling the flow or delivery of water. The individual property owner is responsible for the installation, maintenance and repair of service lines or laterals from the point of connection at the Town's water/sewer main to the private connection. Such installation shall comply in all respects with Chapter 180, Construction Standards for Water Lines, Sewer Lines and Streets, of this Code. The Town is responsible for maintenance and repair of the main lines. In the event of actual or suspected freezing, rupture or obstruction of a water or sewer main, the Town will service, maintain, or repair only that portion of the line which is clearly within the Town's right-of-way.
The Mayor shall designate a Town employee to serve as Water Commissioner. The designated employee must hold a Level 1 certification from the Wyoming Department of Environmental Quality as a water operator. This designation may be modified at any time at the discretion of the Mayor.
The Water Commissioner or other designated employee shall have the authority to investigate applications for water and sewer services. He shall also have the authority to terminate or temporarily suspend water/sewer services as provided in this article.
The Town Clerk-Treasurer shall collect all water and sewer service fees for individual connections to the Town's water and sewer system. The Clerk-Treasurer shall issue official receipts in numerical order for all sums collected as cash and retain duplicate copies. All sums received for water and sewer services shall at once be deposited into the Town's treasury.
The Town provides water and sewer services to properties and premises within the Town's service area. Responsibility for payment of connection fees, service fees, and special assessments applicable to the provision of those services shall rest, in each instance, with the owner of the property or premises to which said service is provided. All such connection fees, service fees, and special assessments shall be billed to the property or premises owner. Where billing is sent to someone other than the owner, the fact that such owner shall not have been directly advised of amounts owed shall not relieve said owner of the responsibility to pay such amounts when due.
A new water and/or sewer user, upon request for service, shall pay to the Town Clerk-Treasurer a deposit fee of three times the applicable monthly base rate, plus $100, before any water service shall be turned on to provide water service or sewer service. The deposit fee shall be paid to assure payment of the user's water/sewer utility bill. Upon full payment of the final billing for water/sewer service and disconnection of such service, the deposit shall be refunded if such payment is made within 30 days of the due date of said billing. If full payment of said final bill is not made within said thirty-day period, the Town Clerk-Treasurer may apply the deposit towards said bill. In the event a user shall keep his or her monthly water/sewer bill current, so as to evidence a good payment record for a period of two years, then the water/sewer user will be refunded his/her deposit fee if, in the opinion of the Town Clerk-Treasurer, a good payment record has been established. The decision of the Town Clerk-Treasurer to not refund such deposit based on a good payment record may be appealed to the Town Council.
Except as provided otherwise, the owner of the property or premises shall reimburse the Town in arrears for any and all water and sewer services on a monthly basis. The billing date shall be considered to be the first day of the month regardless of the actual mailing date of the bill. Fees for water and sewer service or special services shall be set by resolution. Any payment not received by the last day of the month during which the bill was sent to the customer shall incur a service fee set by Council resolution. Any payment not received at the end of the following month shall incur an additional service fee set by Council resolution and an additional late charge set by Council resolution on all outstanding balances for each thirty-day period thereafter that a balance shall remain unpaid. All service fees shall be considered part of the payment for such service for the purposes of § 460-9 which allows termination of service when payment is past due for 60 days from the billing date.
Where payments for water or sewer services provided by the Town have been past due for 60 days from the billing date, the Town shall have the right to file a lien against the property or premises to which such services have been provided in the amount delinquent. Any lien filed may be foreclosed as provided by law. In the event of foreclosure or other civil action to recover amount(s) owed, the Town shall be entitled to recover all costs of collection plus reasonable attorney's fees.
The Town has the right to disconnect and refuse to connect or reconnect any water or other utility service for any of the following reasons:
Failure to meet applicable provisions of law;
Violation of rules and regulations pertaining to utility services;
Nonpayment of water or sewer bills when payments for such services remain past due for 60 days from the billing date;
Willful or negligent waste of services due to improper or imperfect pipes, fixtures, appliances or appurtenances or due to any other reason;
Tampering with any meter, seal or other equipment controlling, regulating or measuring the supply of any utility service;
Theft, diversion or use of utility services without payment;
Failure to allow access to any water meter or related sending unit upon reasonable request;
Vacancy of premises; or
Failure to have in place and maintain the equipment, water meter and sending unit required by the Town, up to and including freeze protection.
Where any of the reasons set out in § 460-9 exist, water services provided by the Town may be terminated. At least five days prior to such termination, a pre-termination notice shall be sent to the owner or other party designated for receipt of statements of account for that property or premises. Such pre-termination notice shall specify the date of proposed termination, and shall indicate that services will not be restored until the account has been paid in full or such other reason for termination has been corrected, together with an additional fee set by resolution to cover the cost of terminating and restoring the service. The pre-termination notice shall also note the affected party's right to file a written appeal of the proposed termination. Such appeal must be received by the Town within five days of the date of mailing of said notice prior to the actual termination of services, and must state the reason why services should not be terminated. A timely written appeal stays any service termination until resolved by the Council. The Town shall not be held responsible for any damages, physical or otherwise, resulting in the termination of water and/or sewer service.
No person, association, firm or business shall make an unauthorized connection to the Town's water and sewer system or adjust, turn on, terminate or otherwise tamper with any fire hydrant, valve, curb stop, device controlling the flow or delivery of water from the Town's waterlines, water meter or sending unit without the Town's permission. Any person tampering with any valve, curb stop, device controlling the flow or delivery of water from the Town's waterlines, water meter or sending unit without the Town's permission is guilty of a misdemeanor and, upon conviction, shall be subject to the general penalty provisions of Chapter 1, Article IV, General Penalty, as well as being responsible for all related costs of repair as well as being subject to termination of water service under § 460-9.
No person shall in any way tamper with any water meter or related sending unit installed in the Town or refuse access to a meter or related sending unit by authorized Town personnel. Meters and related sending units shall be accessible for service during reasonable hours. If the Water Commissioner determines any meter has been tampered with or if access to any meter or related sending unit is denied, the billing rate for any month for which no reading is obtained will be $500 plus the base rate. A landowner may appeal such billing rate imposition to the Town Council for consideration. Failure to respond to notice requiring access within five days of date of mailing shall be deemed refusal of access. A letter to the owner or last known occupant shall be deemed proper notice. Any such appeal must be in writing and delivered to the Town Hall within five days of the receipt of the associated billing by the landowner or the appeal shall be barred. If, in any succeeding months, tampering reoccurs or access is denied, the consumer shall be subject to the termination of water service provision referred to in § 460-9. Any person tampering with any water meter or related sending unit is guilty of a misdemeanor and, upon conviction, shall be subject to the general penalty provisions of Chapter 1, Article IV, General Penalty, as well as being responsible for all related costs of repair.
Where sufficient water is available for municipal uses, application may be made to the Town Clerk to purchase water from the Town in bulk quantities. If the application is approved at the sole discretion of the Mayor or the Town Council, the rate for sale shall be prescribed by Council resolution. This approval may be withdrawn at any time without cause.
Where sufficient capacity shall exist in the Town's sewer system for municipal uses, application may be made to the Town Clerk to place septic effluent, raw sewage or other fluids acceptable to the Town Council, at its sole discretion, into the Town sewer septic receiving vault in bulk quantities. If the application is approved at the sole discretion of the Mayor or Town Council and the applicant enters into a written contract, the format of which has been approved by the Town Council, the rate shall be set by resolution for each 1,000 gallons or any part thereof placed into the Town sewer septic receiving vault. No other substances shall be placed into the septic receiving vault. Any such contract shall contain a provision that it may be terminated by the Town without cause at any time. Any costs related to repairs or clean up resulting from improper operations and/or the placement of unapproved substances into the sewer or water system shall be the responsibility of the property or equipment owner.
If, at any time for any reason, a scarcity of water occurs, the Council by a majority vote may impose such restrictions upon water consumption as it deems necessary to conserve the water supply of the Town. Such restrictions shall include but not be limited to water rationing or other conservation measures.
No person, association, firm or business shall wantonly waste or make unreasonable use of water within the corporate limits, control or jurisdiction of the Town.
No person shall discharge or cause to be discharged any of the following described water or wastes to the Town's sewer service:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantities, either singularly or by interaction with other wastes, to contaminate the sludge of the public sanitary sewer, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the receiving waters of the wastewater treatment facility;
Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works;
Solid or viscous substances in quantities or of such size capable of plugging or causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;
Paint, oil, wax, epoxy, grease or similar substance;
Any other substance which would unreasonably tend to plug or cause obstruction to the Town's sewer service.
The Town shall not be liable to the users or consumers of any water and sewer services caused by any failure to supply water, interruptions of water supply, discontinuation of water supply, scarcity of water, accidents to works or mains, or during the time of alterations, additions or repairs, or for any other unavoidable causes.
Any person, firm, partnership, business or corporation who misstates, omits or conceals any information for the purpose of evading or circumventing the intent and requirements of this article, or anyone who violates any of the provisions of this article, is guilty of a misdemeanor and, upon conviction, shall be subject to the general penalty provisions of Chapter 1, Article IV, General Penalty.