As used in this chapter, the following terms shall have the
meanings indicated:
A vertical cast iron sleeve, accessible from the public right-of-way,
housing the shutoff valve (curb-cock or curb-stop) for a property's
water service line. The curb-box is typically located between a building
and the water main lines and usually consists of a metal tube with
a removable or sliding lid, allowing access to the turn-key within.
A valve and protective enclosure box placed in a user's
water service line for the purpose of turning the water utility service
on/off.
A water/sewer service (or lateral) is the utility line connecting
the Town's utility main lines (water distribution system and
sewer collection system) to a property's premises plumbing. The
service or lateral originates at the connection of the main and includes
all piping, equipment, and appurtenances installed to deliver the
utility to the property, including any portion of that line that lies
within Town property, right-of-way, or easements.
The Town reserves the right to gain access to and utilize any valve, curb-stop, water meter 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 including any water meter, seals, sending unit, backflow prevention device or other equipment controlling, regulating or measuring the supply of any utility service. Such installation shall comply in all respects with Chapter 160, Applications and Permits, and Chapter 175, Construction Standards, Building and Fire. The Town is responsible for maintenance and repair of the main lines.
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.
The Water Commissioner 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 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, as recorded on the deed of
trust, 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.
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 Town Council 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 Town Council resolution. Any payment not received at the end of the following month shall incur an additional service fee set by Town Council resolution and an additional late charge set by Town Council resolution on all outstanding balances for each thirty-day period thereafter that a balance shall remain unpaid. Service fees will not be applied to outstanding balances of $10 or less. All service fees shall be considered part of the payment for such service for the purposes of § 460-10 which allows termination of service when payment is past due for 60 days from the billing date.
B.
The Town may charge a reduced rate set by Town Council resolution for billing periods during which no water is used. In order to receive the reduced rate, a request must be made by the property owner or authorized agent to the Town. A connect/disconnect fee set by Town Council resolution will be charged to the owner's account to begin or discontinue the reduced rate. Reduced rate is not available to sewer-only customers and must be applied to all utility services on the account. During reduced rate, the property cannot utilize either the water or sewer service. Any use of service while on the reduced rate will effectively remove the account from the reduced rate and place it back on regular rate. Periods of reduced rate cannot be applied retroactively and are not pro-rated. If a customer bypasses or otherwise disables the Town's metering system to use water while on reduced rate the customer will be guilty of a misdemeanor for theft of service and, upon conviction, shall be punished in accordance with § 460-33 and shall be subject to the termination of water service provision referenced in § 460-10. Requests for the Town to turn on or off water service must be made at least 24 hours in advance and must be performed during the Town's published workday. Water will not be turned on to a property unless an occupant or authorized agent is present. Customers shall notify the Town prior to turning on their own water while on reduced rate.
C.
Once a property is connected to Town water and/or sewer and a billing
account has been established, the property will continue to receive
a bill, regardless of non-usage, unless it permanently abandons the
water and/or sewer service as specified below:
(1)
A demolition permit must be obtained, whether or not a physical structure
is being demolished.
(2)
The waterline must be capped in the horizontal with a fitting suitable
for the type of material being capped and for installation in underground
conditions.
(3)
The sewer line must be capped in the horizontal with a glued fitting
appropriate for use in underground conditions.
(4)
The abandoned water or sewer line shall be inspected by the Town
prior to backfill as part of the demolition permit.
Corrections in billing activities will be made retroactively
for not more than three billing cycles in the billing period immediately
following validation of the error.
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.
A.
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:
(1)
Failure to meet applicable provisions of law;
(2)
Violation of rules and regulations pertaining to utility services;
(3)
Nonpayment of water or sewer bills when payments for such services
remain past due for 60 days from the billing date;
(4)
Willful or negligent waste of services due to improper or imperfect
pipes, fixtures, appliances or appurtenances or due to any other reason;
(5)
Tampering with or failing to have in place or maintain any water
meter, seal, sending unit, backflow prevention device or other equipment
controlling, regulating or measuring the supply of any utility service
up to and including freezing;
(6)
Theft, diversion or use of utility services without payment;
(7)
Failure to allow access to any water meter or related sending unit
upon reasonable request; or
(8)
Vacancy of premises.
Where any of the reasons set out in § 460-10 exist, water services provided by the Town may be terminated. At least 10 days prior to such termination a pretermination notice shall be sent to the owner or other party designated for receipt of statements of account for that property or premises. Such pretermination 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 until such other reason for termination has been corrected, together with an additional fee set by Town Council resolution to cover the cost of terminating and restoring the service. The pretermination 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 10 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 any unauthorized
connection or adjust, turn on/off, terminate or otherwise tamper with
the Town's water and sewer system.
A.
Water utility.
(1)
Unauthorized activities include but are not limited to adjusting, turning on/off, terminating or otherwise tampering 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, firm, corporation or other organization tampering with any 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 punished in accordance with § 460-33 as well as being responsible for all related costs of repair and being subject to termination of service under § 460-10. Nothing in this section shall limit the ability of the property owner to operate their own curb stop.
(2)
No person, association, firm or business 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 Town 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 property owner may appeal such billing rate imposition to the Town Council for consideration. Failure to respond to notice requiring access within 10 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 10 days of the receipt of the associated billing by the property owner 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 § 460-10. Any person, association, firm or business tampering with any water meter or related sending unit is guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 460-33 as well as being responsible for all related costs of repair.
B.
Sewer utility.
(1)
Unauthorized activities include but are not limited to accessing,
adjusting, or otherwise tampering with any manholes or cleanouts or
other structures associated with the sewer collection system.
(2)
No person, association, firm or business shall place, pump, drain
or cause to be placed, pumped or drained any substance, material or
thing into the sewer lines, drains, manholes, vaults or sewage disposal
plant of the Town, other than through regular connections for which
a monthly fee is paid, without first having obtained permission to
do so pursuant to rules and regulations established by the Town Council.
A.
No person, association, firm or business, including but not limited
to septic tank pumping services, firms or organizations, shall discharge
or cause to be discharged any of the following described water or
wastes to the Town's sewer system:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas;
(2)
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;
(3)
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;
(4)
Solid or viscous substances in quantities or of such size capable
of plugging or causing obstruction to the flow in sewers or of causing
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, fleshings, entrails, paper dishes, cups,
milk containers, etc., either whole or ground by garbage grinders;
(5)
Paint, oil, wax, epoxy, grease or similar substance;
(6)
Sludge and other matter pumped from septic tanks or other sewage
disposal systems;
(7)
Unpolluted waters such as stormwater, surface water, groundwater,
roof runoff, subsurface drainage, or cooling water;
(8)
Any other substance which would unreasonably tend to plug or cause
obstruction to the Town's sewer system.
B.
Any person, association, firm or business found guilty of violating this section is guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 460-33, as well as being responsible for all related costs of repair and remediation and being subject to termination of service under § 460-10.
A.
Where sufficient water is available for municipal uses, the Town
may provide bulk water sales through either the Town's bulk water
filling station or through hydrants.
(1)
Town's bulk water filling station. Bulk water sales may be provided
at the Town's public fill station at a rate set by Town Council
resolution.
(2)
Hydrant.
(a)
Water may be taken from fire hydrants by the various departments
of the Town and by private persons under a special permit issued by
the Water Commissioner, who shall at his discretion issue a water
meter to each such permittee. A meter or meters, together with such
backflow prevention assemblies as the Water Commissioner may determine
necessary, must be connected to each fire hydrant and must meter all
water flowing therefrom pursuant to such special permit. The approval
of the application to purchase bulk water through the use of hydrants
may be withdrawn at any time with or without cause.
(b)
Rates for bulk water sales through a hydrant are set by Town
Council resolution.
(c)
The permittee shall return all necessary equipment issued under
such special permit to the Town of Pinedale at the completion of the
permit or as requested by the Town of Pinedale. Any permittee that
fails to return such equipment, or returns such equipment in a damaged
state, is guilty of a misdemeanor and, upon conviction, is subject
to a fine not to exceed $750 as well as any restitution to the Town
for replacement of such equipment.
(d)
Nothing in this section shall be deemed in any manner to prohibit,
hinder, or require a permit of the Fire Department carrying out its
firefighting duties.
B.
Where sufficient capacity shall exist in the Town's sewer system
for municipal uses, the Town may accept bulk sewer disposals. Bulk
sewer disposals may be accepted through either the Town's septic
receiving vault or public dump station.
(1)
Septic receiving vault.
(a)
An application may be made to the Town to place septic effluent,
raw sewage or other fluids acceptable to the Town, 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 Town 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 Town
Council 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.
(b)
Any such contract shall contain a provision that it may be terminated
by the Town with or without cause at any time.
(c)
Any costs related to repairs or cleanup 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.
(2)
Town's public dump station. Bulk sewer disposals may be accepted at the Town's public dump station at a rate set by Town Council resolution. No person shall discharge any unauthorized materials as described § 460-12 including sludge and other matter pumped from septic tanks or other sewage disposal systems. Any person, firm, corporation or other organization found guilty of violating discharging unauthorized materials at the public dump station is guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 460-33, as well as being responsible for all related costs of repair and remediation.
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.
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.
A.
All properties or premises classified as a high-hazard nonresidential connection to the Town's public water supply shall install and maintain at the property owner's expense the appropriate backflow assembly per Chapter 160, Applications and Permits. Determination of the hazard classification of a water service connection is at the sole discretion of the Town.
B.
Backflow prevention devices at water service connections shall be inspected and certified by a certified backflow assembly tester at the time of installation meeting the certification requirements of WYDEQ Chapter 12. Cost of installation and testing shall be the responsibility of the property owner. Records of testing shall be supplied to the Town prior to initiation of service.
C.
Backflow prevention devices installed at high-hazard nonresidential cross connections shall be inspected and tested on an annual basis by a certified backflow assembly tester meeting the certification requirements of WYDEQ Chapter 12. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. A report to the Town must be filed each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the property owner. If records of testing by the Town are not received annually, the Town may complete the testing, of which the cost of testing plus 10% shall be applied to the owner's utility bill. If access for testing is denied, the consumer shall be subject to the termination of water service provision referred to in § 460-10.
