[R.O. 2011 § 705.010; R.O. 2010 § 705.010;
CC 1970 C6 § 1; CC 1975 § 1301.03]
The City of Owensville, being the sole and exclusive owner of
the entire water system reserves the right to and does hereby prescribe
the conditions upon which it will permit or grant to any person or
persons the privilege to tap any of its pipes or mains and/or use
the water therefrom, or to withhold such privilege, if need be, and
in case any act shall be wrongfully committed or thing done by any
person or persons holding a grant of such privilege, in violation
of any of its ordinances relating to its water system, then, such
privilege may at the option of the City, be suspended, abridged or
revoked. All water privileges extended to any person, firm or corporation
shall be by ordinance duly passed by the Board of Aldermen and approved
by the Mayor, and all rights and privileges not so conferred are hereby
withheld.
[R.O. 2011 § 705.020; R.O. 2010 § 705.020;
CC 1970 C6 § 2; CC 1975 § 1301.05]
All persons desiring to purchase water from the City must make
written application for the same to the Public Works Director (or
in his/her absence, to the City Clerk who shall, without unnecessary
delay, deliver such application to the Public Works Director) stating
the name of the consumer, the number of lots and blocks and for what
purpose, size of corporation cock, and such applicant shall pay to
the City the cost of the tap and meter.
[R.O. 2011 § 705.030; R.O. 2010 § 705.030;
CC 1970 C6 § 3; CC 1975 § 1301.15; 2nd Ser. Ord. No. 26 § 1, 9-16-1972]
A. Any person not having a right, license or permit from the proper
official of said City for the withdrawal and use of water from the
hydrants, mains or pipes within the corporate jurisdiction of the
City of Owensville, who shall withdraw or cause to be withdrawn any
water from its hydrants, mains or pipes shall be deemed guilty of
an ordinance violation; provided, however, that this Section shall
not prohibit the withdrawing of water from public watering or drinking
fountains, and provided, further, that this Section shall not apply
to any member of the Fire Department of the City during the fighting
of a fire or during practice.
B. Provided further, that this Section shall not apply to the unmetered
use or withdrawal of City water for the use at the City Park or for
park purposes by any agent or employee of the City or Park Board.
[R.O. 2011 § 705.040; R.O. 2010 § 705.040;
CC 1975 § 1301.21; 2nd Ser. Ord. No. 375 § 2-3, 5-18-1992]
It shall be the responsibility of the consumer to keep and maintain
in repair all parts of their water system. For purposes of this Section,
the consumer's water system shall include all parts of the system
which are situated on the consumer's property, except for the meter
itself which shall remain the property of the City of Owensville.
Any excavation on consumer's property or other work which is required
to be performed in conjunction with repairs to the water system shall
be made under the supervision of the Public Works Director at consumer's
cost.
[R.O. 2011 § 705.050; R.O. 2010 § 705.050;
CC 1970 C6 § 6; CC 1975 § 1301.23]
In all cases where water is to be supplied to a number of parties
or tenants in the same premises from one (1) connection with supply
controlled by one (1) service box or meter, the City through its agents
or officials contract with one (1) only of said several parties, but
upon the failure of any of such parties to abide by the ordinances
and regulations in such cases, the water supply will be cut off.
[R.O. 2011 § 705.060; R.O. 2010 § 705.060;
CC 1970 C6 § 7; CC 1975 § 1301.25]
The Public Works Director or other authorized agent of the City
shall have access, at all reasonable hours, to the premises supplied
with water to read meters or to see that all rules and regulations
governing the water works system are observed.
[R.O. 2011 § 705.070; R.O. 2010 § 705.070;
CC 1970 C6 § 8; CC 1975 § 1301.27]
The City of Owensville reserves the right at any time, without
notice, to shut off the water in its mains and pipes for the purpose
of making repairs and extensions and/or any other purpose, and all
persons having boilers within their premises not supplied with tanks,
but depending upon the pressure within the pipes to keep them supplied,
are cautioned against surprise and danger of collapse.
[R.O. 2011 § 705.080; R.O. 2010 § 705.080;
CC 1970 C6 § 9; CC 1975 § 1301.31]
A suitable brass stopcock must be placed in the service pipes
so that the tee head will stand parallel with the curb when the water
is off, to allow the City, by its proper officer, to control the flow
of water through said pipe; said stopcock shall be located inside
the curbline as near thereto as practicable, within the service box,
and shall be securely protected. All keys, wrenches and fixtures necessary
for the operation of the same shall be placed and remain in the possession
and custody of the Public Works Director, who shall cause the water
to be turned on or off according to the ordinances of the City regulating
the same, and any person who shall without proper authority use such
keys, wrenches or fixtures shall be deemed guilty of an ordinance
violation.
[R.O. 2011 § 705.090; R.O. 2010 § 705.100;
CC 1970 C6 § 11; CC 1975 § 1301.37; 2nd Ser. Ord. No. 401 § 4, 5-17-1993; Ord. No. 972 §§ 1
— 2, 1-21-2008]
A. The consumer shall, at his/her own expense, furnish all materials
and build his/her water line from the curb line to the meter, including
the connection of the meter, which work shall be done only under the
supervision of the Public Works Director. Said consumer shall, for
said work, use copper pipes and connections of such size and quality
as may be specified by the Public Works Director. Also, the consumer
shall, at his/her own expense, furnish all material and build the
water line from the curb line up to the City water mains, but not
make the connections thereto, which work shall be done only under
the supervision of the Public Works Director, and said consumer shall,
for said work, use only copper pipes and connections of such size
and quality as may be specified by the Public Works Director.
B. The consumer shall be responsible for the costs of making the tap
and connection. The consumer shall also be responsible for all costs
of future repairs necessary between the meter and the connection to
the structure if the meter is located in close proximity to the curb
line. In the event that the meter is located either in the structure
or is not in close proximity to the curb line, then the consumer shall
be responsible for all repairs from the connection to the main to
the connection to the building.
[R.O. 2011 § 705.100; R.O. 2010 § 705.110;
CC 1975 § 1301.47; 2nd Ser. Ord. No. 74 § 1, 11-7-1977; Ord. No. 1196 §§ 1 — 2, 12-15-2014; Ord. No. 1402, 10-17-2022]
A. Private water wells are prohibited within the City limits of the City of Owensville, except as permitted in Subsection
(D) of this Section.
B. No person, firm, or corporation shall construct or drill or cause to be constructed or drilled any private water well within the City limits, except as permitted in Subsection
(D) of this Section.
C. Unless permitted under Subsection
(D), any person, firm, or corporation found constructing or drilling or causing to be constructed or drilled any private water well within the City limits shall be found in violation of this Code and shall be subject to Section
100.220.
D. A special permit to install and operate a private well on private
property may be granted by the Board of Aldermen, following an application
by the property owner, if the Board is satisfied of the following:
1. The location of the proposed private well is not located unduly closely
to any septic tank or other environmental conditions or contaminants
that could potentially impact the safety of the well water.
2.
The property is not located within one hundred fifty (150) feet
of any property used for agricultural purposes.
3.
The well must be metered, with the meter located in a manner
that can be inspected by the City.
4.
The property has an adequate back flow system installed to ensure
the safety of the well water.
5.
The water is tested by the owner for contaminants as required
by State and Federal guidelines.
6.
The owner of the property has procured adequate general liability
insurance to protect against any potential risks posed by the private
well.
7.
The well is installed in accordance with all requirements established
by the Missouri Water Well Drillers Act (Sections 256.600 to 256.640,
RSMo., as the same may be amended), and all other local, State and
Federal laws and regulations.
8.
The business for which the proposed well is to be used, produces
an end product containing water and the City's supplied water does
not contain the necessary qualities to adequately produce the product.
E. The owner of any private well must submit a water reading each month
to the City's billing clerk on, or before, the 10th of each month.
F. The owner of any private well must submit the well, the pipes and
meter to random inspection by the City, so the City may ensure compliance
with this Section.
G. The Board of Aldermen may revoke any special permit granted under Subsection
(D) if, following a hearing giving the property owner at least forty-eight (48) hours' notice, it determines that the property owner has violated any of the requirements set forth in Subsection
(D), or any other condition set forth in the special permit. Upon the revocation of any special permit issued hereunder, the property owner shall cause the well to be capped off. If the owner fails to cap-off the well, the City may cap-off the well and attach a lien with the costs thereof against the property.
H. Any special permit issued hereunder shall be non-transferable, and
if the business for which the special permit is issued closes or moves
location, the special permit shall automatically terminate. In the
event of a change of ownership of the business located on the property
for which the special permit is issued, the new owner must obtain
a new special permit for the operation of the private well.
[R.O. 2011 § 705.110; R.O. 2010 § 705.120;
2nd Ser. Ord. No. 290 § 1, 11-21-1988]
A. Purpose. The purpose of this Article is:
1.
To 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.
2.
To 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 systems plumbing
fixtures, and industrial process systems.
3.
To provide for the maintenance of a continuing program of cross-connection
control which will systematically and effectively prevent the contamination
or pollution of all potable water systems.
B. Application. This Article shall apply to all premises served by the
public potable water system of the City of Owensville, Missouri.
C. Policy.
1.
This Article will be reasonably interpreted by the Public Works
Director. It is the Public Works Director'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.
2.
The Public Works Director shall be primarily responsible for
protection of the public potable water distribution system from contamination
or pollution due to backflow or 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 Public Works Director and consumer are jointly responsible for
preventing contamination of the water system.
3.
If, in the judgment of the Public Works Director or his/her
authorized representative, cross-connection protection is required
through either piping modification or installation of an approved
backflow prevention device, due notice shall be given to the consumer.
The consumer shall immediately comply by providing the required protection
at his/her 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.
[R.O. 2011 § 705.120; R.O. 2010 § 705.130;
2nd Ser. Ord. No. 290 § 2, 11-21-1988]
The following definitions shall apply in the interpretation
and enforcement of this Article:
AIR GAP SEPARATION
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture, or other device and the overflow level
rim of the receptacle, and shall be at least double the diameter of
the supply pipe measured vertically above the flood level rim of the
vessel, but in no case less than one (1) inch.
AUXILIARY WATER SUPPLY
Any water source or system, other than the public water supply,
that may be available in the building or premises.
BACKFLOW
The flow other than the intended direction of flow, of any
foreign liquids, gases, or substances into the distribution system
of a public water supply.
CONSUMER
The owner or person in control of any premises supplied by
or in any manner connected to a public water system.
CONTAINMENT
Protection of the public water supply by installing a cross-connection
control device or air gap separation on the main service line to a
facility.
CONTAMINATION
An impairment of the quality of the water by sewage, process
fluids, or other wastes to a Degree which could create an actual hazard
to the public health through poisoning or through spread of disease
by exposure.
CROSS-CONNECTION
Any physical link between a potable water supply and any
other substance, fluid, or source, which makes possible contamination
of the potable water supply due to the reversal of flow of the water
in the piping or distribution system.
HAZARD, DEGREE OF
An evaluation of the potential risk to public health and
the adverse effect of the hazard upon the potable water system.
1.
HAZARD, HEALTHAny condition, device, or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.
2.
HAZARD, PLUMBINGA plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air gap separation or backflow prevention device.
3.
HAZARD, POLLUTIONALAn actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
4.
HAZARD, SYSTEMAn actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system, or of the pollution of quality of the potable water in the system.
INDUSTRIAL PROCESS SYSTEM
Any system containing a fluid or solution, which may be chemically,
biologically, or otherwise contaminated or polluted in a form or concentration
such as would constitute a health, system, pollutional, or plumbing
hazard if introduced into a potable water supply.
ISOLATION
Protection of a facility service line by installing a cross-connection
control device or air gap separation on an individual fixture, appurtenance,
or system.
POLLUTION
Such contamination or other alteration of the physical, chemical
or biological properties of any waters of the State, including change
in temperature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive, or other
substance into any waters of the State as will or is reasonably certain
to create a nuisance or render such waters harmful, detrimental or
injurious to public health, safety or welfare, or to domestic, industrial,
agricultural, recreational, or other legitimate beneficial uses, or
to wild animals, birds, fish or other aquatic life.
PUBLIC WATER SYSTEM
A system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such
system has at least fifteen (15) service connections or regularly
serves an average of at least twenty-five (25) individuals daily at
least sixty (60) days per calendar year. Such system includes any
collection, treatment, storage or distribution facilities used in
connection with such system.
SERVICE CONNECTION
The terminal end of a service line from the public water
system. If a meter is installed at the end of the service, then the
service connection means the downstream end of the meter.
[R.O. 2011 § 705.130; R.O. 2010 § 705.140;
2nd Ser. Ord. No. 290 § 3, 11-21-1988]
A. 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 Public Works Director, and as required by the laws and regulations
of the Missouri Department of Natural Resources.
B. 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 Public Works Director
and the Missouri Department of Natural Resources.
C. 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 Public Works Director as necessary for the protection
of health and safety.
[R.O. 2011 § 705.140; R.O. 2010 § 705.150;
2nd Ser. Ord. No. 290 § 4, 11-21-1988]
A. The consumer's premises shall be open at all reasonable times to
the Public Works Director, or his/her authorized representatives,
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.
B. On request by the Public Works Director or his/her authorized representative,
the consumer shall furnish information on water use practices within
his/her premises.
C. It shall be the responsibility of the water consumer to conduct periodic
surveys of water use practices on his/her premises to determine whether
there are actual or potential cross-connections to his/her water system
through which contaminants or pollutants could backflow into his/her
or the public potable water system.
[R.O. 2011 § 705.150; R.O. 2010 § 705.160;
2nd Ser. Ord. No. 290 § 5, 11-21-1988]
A. The type of protection required by this Article 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 device 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 device 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.
[R.O. 2011 § 705.160; R.O. 2010 § 705.170;
2nd Ser. Ord. No. 290 § 6, 11-21-1988]
A. An approved backflow prevention device shall be installed on each
service line to a consumer's water system serving premises where,
in the judgment of the Public Works Director 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.
B. An approved air gap separation or reduced pressure principle backflow
prevention device shall be installed at the service connection or
within any premises where, in the judgment of the Public Works Director
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 materials 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 device is required to be installed. This includes,
but is not limited to, the following situations:
1.
Premises having an auxiliary water supply, unless the quality
of the auxiliary supply is acceptable to the Public Works Director
and the Missouri Department of Natural Resources.
2.
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.
3.
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.
4.
Premises having a repeated history of cross-connections being
established or reestablished.
5.
Premises, which due to the nature of the enterprise therein,
are subject to recurring modification or expansion.
6.
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.
7.
Premises where materials of a toxic hazardous nature are handled
such that if backsiphonage or backpressure should occur, a serious
health hazard may result.
C. The following types of facilities fall into one (1) or more of the
categories of premises where an approved air gap separation or reduced
pressure principle backflow prevention device is required by the Public
Works Director 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
Public Works Director and the Missouri Department of Natural Resources.
1.
Aircraft and missile plants.
4.
Beverage bottling plants.
5.
Canneries, packing houses, and reduction plants.
7.
Chemical manufacturing, processing, compounding or treatment
plants.
10.
Hazardous waste storage and disposal sites.
11.
Hospitals, mortuaries, clinics.
12.
Irrigation and sprinkler systems.
14.
Metal manufacturing, cleaning, processing and fabricating plants.
15.
Oil and gas production, storage or transmission properties.
16.
Paper and paper products.
19.
Printing and publishing facilities.
20.
Radioactive material processing plants or nuclear reactors.
21.
Research and analytical laboratories.
22.
Rubber plants, natural and synthetic.
23.
Sewage and storm drainage facilities — pumping stations.
24.
Water front facilities and industries.
[R.O. 2011 § 705.170; R.O. 2010 § 705.180;
2nd Ser. Ord. No. 290 § 7, 11-21-1988]
A. Any backflow prevention device required by this Article shall be
of a model or construction approved by the Public Works Director 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 vessel, but in no case less than one (1) inch.
2.
A double-check valve assembly or a reduced pressure principle
backflow prevention device shall be approved by the Public Works Director,
and shall appear on the current list of approved backflow prevention
devices established by the Missouri Department of Natural Resources.
B. Existing backflow prevention devices approved by the Public Works
Director at the time of installation and properly maintained shall,
except for inspection and maintenance requirements, be excluded from
the requirements of this Article so long as the Public Works Director
is assured that they will satisfactorily protect the water system.
Whenever the existing device is moved from its present location, or
requires more than minimum maintenance, or when the water surveyor
finds that the maintenance constitutes a hazard to health, the unit
shall be replaced by a backflow prevention device meeting the requirements
of this Article.
[R.O. 2011 § 705.180; R.O. 2010 § 705.190;
2nd Ser. Ord. No. 290 § 8, 11-21-1988]
A. Backflow prevention devices required by this Article shall be installed
at a location and in a manner approved by the Public Works Director
and shall be installed at the expense of the water consumer.
B. Backflow prevention devices installed on the service line to the
consumer's water system shall be located on the consumer's side of
the water meter, as close to the meter as is reasonably practical,
and prior to any other connection.
C. Backflow prevention devices shall be located so as to be readily
accessible for maintenance and testing, protected from freezing, and
where no part of the device will be submerged or subject to flooding
by any fluid.
[R.O. 2011 § 705.190; R.O. 2010 § 705.200;
2nd Ser. Ord. No. 290 § 9, 11-21-1988]
A. It shall be the duty of the consumer at any premises on which backflow
prevention devices required by this Article are installed to have
inspection, tests, and overhauls made in accordance with the following
schedule or more often where inspections indicate a need.
1.
Air gap separations shall be inspected at the time of installation
and at least every twelve (12) months thereafter.
2.
Double-check valve assemblies shall be inspected and tested
for tightness at the time of installation and at least every twelve
(12) months thereafter. They shall be dismantled, inspected internally,
cleaned, and repaired whenever needed and at least every thirty (30)
months.
3.
Reduced pressure principle backflow prevention devices shall
be inspected and tested for tightness at the time of installation
and at least every twelve (12) months thereafter. They shall be dismantled,
inspected internally, cleaned, and repaired whenever needed at least
every five (5) years.
B. Inspections, tests, and overhauls of backflow prevention devices
shall be made at the expense of the water consumer and shall be performed
by a State of Missouri certified backflow prevention device tester.
C. Whenever backflow prevention devices required by this Article are
found to be defective, they shall be repaired or replaced at the expense
of the consumer without delay.
D. The water consumer must maintain a complete record on each backflow
prevention device from purchase to retirement. This shall include
a comprehensive listing that includes a record of all tests, inspections,
and repairs. Records of inspections, tests, repairs, and overhauls
shall be made available to the Public Works Director upon request.
E. Backflow prevention devices shall not be bypassed, made inoperative,
removed, or otherwise made ineffective without specific authorization
by the Public Works Director.
[R.O. 2011 § 705.200; R.O. 2010 § 705.210;
2nd Ser. Ord. No. 290 § 10, 11-21-1988]
A. The Public Works Director shall deny or discontinue, after reasonable
notice to the occupants thereof, the water service to any premises
wherein any backflow prevention device required by this Article is
not installed, tested, and maintained in a manner acceptable to the
Public Works Director, or if it is found that the backflow prevention
device has been removed or bypassed, or if an unprotected cross-connection
exists on the premises.
B. Water service to such premises shall not be restored until the consumer
has corrected or eliminated such conditions or defects in conformance
with this Article to the satisfaction of the Public Works Director.
C. In addition to the penalty provided in Subsection
(A) hereof, any violation of any provision of this Article shall be punished in accordance with Section
100.220 of this Code.