[HISTORY: Adopted by the City Council of the City of Fairfax as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-3-1995 by Ord. No. 103]
Unless the context specifically indicates otherwise, the terms used
in this article shall have the meanings hereby designated:
The Federal Water Pollution Control Act, also referred to as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedures in five days at 20° C. and
as expressed in terms of milligram per liter (mg/l).
That point of a building which conveys wastewater to the building
sewer, beginning immediately outside the building wall.
The area within the corporate boundaries of the City of Fairfax,
the City Council, its authorized representative.
A charge to users of the wastewater treatment facility for the purpose
of repaying capital costs.
A unit of wastewater volume of 100 gallons per day at a strength
not greater than NDSW.
Any entity as defined in the Standard Industrial Classification Manual
(latest edition) as categorized, that discharge wastewater to the public sewer.
Any user whose discharges, single or by interaction with other wastes,
contaminate the sludge of the wastewater treatment system, injure or interfere
with the treatment process, create a public nuisance or hazard, have an adverse
effect on the waters receiving wastewater treatment plant discharges, exceed
NDSW limitations, exceed normal residential unit volumes of wastewater.
Water other than wastewater that enters the sewer system from the
ground or from surface runoff, as defined in Minnesota Rules.
Minnesota Pollution Control Agency.
Federal regulations establishing pretreatment standards for introduction
of pollutants in publicly owned wastewater treatment facilities. Section 307(b)
of the Act.
A permit issued by the MPCA, setting limits on pollutants that a
permittee may legally discharge pursuant to Sections 402 and 405 of the Act.
Any outlet, including storm sewers and combined sewers, which flows
into a body of surface water or groundwater.
A user of the treatment facility whose building is not used as a
private residence, and discharges NDSW.
Wastewater that is primarily introduced by residential users with
BOD5 concentrations not greater than 200 mg/l and total
suspended solids (TSS) concentrations not greater than 240 mg/l.
Expenditures necessary to provide for the dependable, economical,
and efficient functioning of the treatment facility throughout its design
life, including operator training and permit fees. Replacement refers to equipment
replacement costs, not the cost of future replacement of the entire facility.
A user of the treatment facility whose building is used primarily
as a private residence and discharges NDSW.
A pipe or conduit that carries wastewater or drainage water.
BUILDING SEWERThe extension from the building drain to the public sewer or other place of disposal, also referred to as a service connection.
SANITARY SEWERA sewer designed to carry only liquid and water-carried wastes from residential, nonresidential, and industrial sources together with minor quantities of I/I.
STORM SEWERA sewer intended to carry unpolluted surface and subsurface water from any source.
The total of the user charge and the debt service charge.
A discharge of water or wastewater which in concentration or in quantity
of flow exceeds for any period of duration longer than 15 minutes, more than
five times the average twenty-four-hour concentration of flows during normal
operation.
A permit issued by the MPCA pursuant to Minn. Stat. § 115.07
for a disposal system as defined by Minn. Stat. § 115.01, subd.
8.
The total suspended matter that either floats on the surface of,
or is in suspension in water, wastewater or other liquids, and is removable
by laboratory filtering as prescribed in Standard Methods for the Examination
of Water and Wastewater (latest edition).
Water of quality equal to or better than the effluent criteria in
effect, or water that would not cause violation of receiving water quality
standards. An example could be noncontact cooling water.
A charge to users of a treatment facility for the user's proportionate
share of the cost of operation and maintenance, including replacement.
Liquid and water-carried wastes from residential, nonresidential,
and industrial users, together with any groundwater, surface water, and stormwater
that may be present.
The land, devices, facilities, structures, equipment, and processes
owned or used by the City for the purpose of the transmission, storage, treatment,
recycling, and reclamation of municipal wastewater, and the disposal of residues
resulting from such treatment.
The community's governing council shall appoint an authorized representative
who shall have control and general supervision of all public sewers and service
connections in the community or sewer district, and shall be responsible for
administering the provisions of this article to ensure that a proper and efficient
public sewer is maintained. The authorized representative may delegate responsibilities
to designated representatives.
A.
Where a public sewer is not available under the provisions of § 253-2, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Before construction of a private wastewater disposal
system, the owner(s) shall obtain a written permit signed by the authorized
representative. The permit shall not become effective until the installation
is completed to the representative's satisfaction. A designated representative
shall be allowed to inspect any stage of construction. The applicant for the
permit shall give notification when ready for the system's final inspection,
and before any underground portions are covered. The inspection shall be made
within 72 hours of the receipt of the notice.
C.
The type, capacities, location and layout of a private
wastewater disposal system shall comply with all requirements of Minnesota
Rules Chapter 7080, and applicable local ordinances.
D.
The owner(s) shall operate and maintain the private wastewater
disposal facilities in a sanitary manner at all times at no expense to the
community.
E.
When the public sewer becomes available to a property
serviced by a private wastewater disposal system, a direct connection shall
be made to the public sewer within 30 days in compliance with this article,
and within 30 days private wastewater disposal systems will be cleaned of
all sludge. The bottom shall be broken to permit drainage, and the tank or
pit filled with suitable material.
F.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed by the MPCA,
the State Department of Health, or other responsible federal, state, or local
agencies.
No person(s) shall make any alteration to the public sewer or any appurtenances
thereof without first obtaining a written permit from the City. No private
building drain shall extend beyond the limits of the building or property
for which the permit has been given.
A.
Any new connection to the sanitary system shall be prohibited
unless sufficient capacity is available in all downstream facilities, including,
but not limited to, capacity for flow, BOD5, and TSS
as determined by the authorized representative.
B.
A separate and independent building sewer shall be provided
for each building. Old building sewers may be used to service new buildings
only when they are found to meet all requirements of this section.
C.
Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the public
sewer, wastewater shall be lifted by an approved means and discharged to the
building sewer.
D.
The construction and connection of the building sewer
to the public sewer shall conform to the requirements of the State of Minnesota
Building and Plumbing Code, applicable rules and regulations of the City and
the materials and procedural specifications set forth in the American Society
of Testing Materials (ASTM) and the Water Pollution Control Federation (WPCF)
Manual of Practice No. 9. All such connections shall be made gas and watertight,
and verified by proper testing to prevent I/I.
E.
No unpolluted water sources shall be connected to the
sanitary sewer.
F.
The applicant for the building sewer permit shall notify
the community or sewer district when the building sewer is ready for connection
to the public sewer. The connection shall be made under the supervision of
a designated representative.
A.
An appropriate construction license is required to install a
service connection. Any person desiring a license shall apply in writing to
the community's or district's governing council, providing satisfactory
evidence of the applicant's qualification. If approved by the Council, the
license shall be issued by a designated representative upon the filing of
a bond as hereinafter provided.
B.
A license for sewer service connection installation shall not
be issued until a $2,000 bond to the community is filed and approved by the
Council. The licensee will indemnify the community from all suits, accidents
and damage that may arise by reason of any opening on any street, alley or
public ground, made by the licensee or by those in the licensee's employment.
C.
The cost of a license for making service connection is $75. All
licenses shall expire on December 31 of the license year unless the license
is suspended or revoked by the Council for any reasonable cause.[1]
D.
The Council may suspend or revoke any license issued under this
section for any of the following causes:
(1)
Giving false information in connection with the application for
a license.
(2)
Incompetence of the licensee.
(3)
Willful violation of any provisions of this section or any rule
or regulation pertaining to the making of service connections.
(4)
Failure to adequately protect and indemnify the City and the
user.
A.
Discharge to sanitary sewer. No unpolluted water or stormwater
shall be discharged to the sanitary sewer. Such water shall be discharged
only to storm sewers or to natural outlets approved by the City and other
regulatory agencies.
B.
Discharge to public sewer. No person(s) shall discharge any of
the following substances to the public sewer:
(1)
Liquids, solids, gases, or other substances which singly or by
interaction with others may cause fire or explosion.
(2)
Solid or viscous substances which may cause obstruction to the
flow in a sewer.
(3)
Wastewater having a pH of less than 5.0 or greater than 9.5 or
having any other corrosive or caustic property capable of causing damage or
hazard.
(4)
Wastewater containing toxic pollutants, as defined in section
307(a) of the Water Pollution Control Act and Minn. Stat. § 115.01
subd. 14.
Discharges of the following substances shall be limited to concentrations
or quantities which will not harm the wastewater facility, streams, soils,
vegetation, groundwater, and will not otherwise create a hazard or nuisance.
The authorized representative may set limitations lower than the prohibition
limits outlined below. Consideration will be given to such factors as the
quantity of waste in relation to flows and velocities, materials of construction,
the community's NPDES and SDS permits, capacity of the treatment plant,
degree of treatability of wastes and other pertinent factors.
A.
Wastewater having a temperature greater than 150° F (65.6°
C), or causing, individually or in combination with other wastewater, the
influent at the treatment facilities to have a temperature exceeding 104°
F (40° C), or having heat in amounts which will be detrimental to biological
activity in the treatment facilities.
B.
Wastewater containing fats, wax, grease or oils in excess of
100 mg/l or containing substances which may solidify or become viscous at
temperatures between 32° F (0° C) and 150° F (65.6° C).
C.
A discharge of water or wastewater which in concentration or
quantity of flow exceeds for any period of duration longer than 15 minutes,
more than five times the average twenty-four-hour concentration of flows during
normal operation.
D.
Food wastes not properly shredded to such a degree that all particles
will be carried freely under normal flow conditions with no particle greater
than 1/2 inch in any dimension.
E.
Noxious or malodorous liquids, gases, or solids.
F.
Wastewater with objectionable color not removed in the treatment
process.
G.
Wastewater containing inert suspended solids in such quantities
that would cause disruption to the wastewater treatment facilities.
H.
Radioactive wastes or isotopes in concentrations that exceed
limits established by applicable state and federal regulations.
I.
Wastewater with BOD5 or suspended solids levels that require additional treatment, except as may be permitted by specific written agreement with the City subject to § 253-14 of this article.
J.
Wastewater containing substances which cannot be treated to produce
effluent quality required by the permit or causes a violation of any applicable
local, state, or federal regulation.
A.
In the event of discharges to the public sewers which contain substances or possess characteristics prohibited in §§ 253-7B and 253-8 or which in the judgment of the representative may have a deleterious effect to the treatment facility, receiving water, soils, vegetation, or which create a hazard to nuisance, the representative may:
(1)
Refuse to accept the wastes.
(2)
Require pretreatment to an acceptable condition for discharge
to the public sewers, pursuant to Section 307(b) of the Act and all addenda
thereof.
(3)
Require payment to cover all the added costs of handling, treating,
and disposing of wastes not covered by existing taxes or sewer charges.
(4)
Cooling water.
B.
If the representative permits the pretreatment or equalization
of waste flows, the design, installation, maintenance and efficient operation
of the facilities and equipment shall be at the owner's expense and shall
be subject to review and approval by the City pursuant to the requirements
of MPCA.
C.
No user shall increase the use of process water or in any manner
attempt to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in this article,
the National Categorical Pretreatment Standards, and any state or local requirement.
D.
Grease, oil and sand interceptors shall be provided at the owner's
expense when, in the opinion of the representative, they are necessary for
the proper handling of liquid wastes containing floatable grease in excessive
amounts, any flammable wastes, sand or other harmful ingredients. All interceptors
shall be readily and easily accessible for cleaning and inspection. The owner
shall be responsible for the maintenance of interceptors, including proper
removal and disposal of the captured materials by appropriate means, and shall
maintain a record of dates and means of disposal which are subject to review
by the representative. Any material removal and hauling must be performed
by the owner's personnel or a currently licensed waste disposal firm
and in compliance with all applicable laws and regulations.
When required by the representative, industrial users shall install
and maintain at their own expense a suitable structure or control manhole
with such necessary meters and other testing equipment needed to facilitate
observation, sampling, and measurement of wastewater. The manhole will be
safe and accessible at all times. The Council may require submission of laboratory
analyses to illustrate compliance with this article and any special conditions
for discharge established by the Council or responsible regulatory agency.
All measurements, tests and analyses to which reference is made in this article
shall be determined in accordance with the latest edition of "Standard Methods
of the Examination of Water and Wastewater," published by the American Public
Health Association and kept for a period of one year.
A.
Where required by the representative, users shall provide protection
from an accidental discharge of substances regulated by this article. Where
necessary, facilities to prevent accidental discharges of prohibited materials
shall be provided and maintained at the owner's expense. Detailed plans
and operating procedures of said facilities shall be submitted to the representative
for review and approval prior to construction of the facility. Approval of
such plans and operating procedures shall not relieve user from the responsibility
of modifying the facility as necessary to meet the requirements of this article.
B.
Users shall notify the representative immediately if a slug or
accidental discharge of wastewater occurs in violation of this article. Notification
will allow measures to be taken to minimize damage to the treatment facilities.
Notification will not relieve users of liability for any expense, loss or
damage to the treatment facilities or for fines imposed on the community or
sewer district by any state or federal agency as a result of their actions.
C.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees of the emergency notification
procedure in the event of a slug or accidental discharge.
A.
No person shall permit any substance or matter which may form a deposit or obstruction of flow to be discharged into the public sewer. The representative or designated employees of the City shall from time to time inspect commercial and residential properties to determine that discharge of storm-, surface, ground-, cooling, and unpolluted industrial process waters conforms to § 253-8. Whenever any service connection becomes clogged, obstructed, detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall make repairs as directed by the representative.
B.
Upon discovery of a discharge in violation of § 253-8, the appropriate representative or employee shall report the matter to the City Clerk-Treasurer, who shall issue notice to the owner of the property which identifies the improper discharge. The property owner may correct the improper discharge condition. In order to preserve the owner's right to cost sharing as defined hereinafter, the owner must obtain prior approval of the nature and cost of the work by the City. If the City performs or contracts for the work or if the property owner obtains prior approval from the City for the repair, one-half the cost of such repair shall be paid by the City and the property owner shall pay the remaining one-half of the cost. The City Clerk-Treasurer shall mail notice to the property owner of the amount of the property owner's cost. If the property owner does not pay the owner's share of the cost in full within 30 days after mailing of such notice, the City may spread the charges so unpaid against the real estate of the owner as a special assessment under Minnesota Law for certification to the County Auditor for collection along with the current real estate taxes. At the time of such certification the City shall direct that the special assessment be paid in a single installment or it may direct that the assessment be paid in up to five equal annual installments at 0% interest.
In addition to penalties that may be imposed for violation of any provision
of this section, the City may assess against the user/owner the cost of repairing
or restoring sewers and associated facilities damaged as a result of the discharge
of prohibited wastes and may collect the assessment as an additional charge
for the use of the public sewer system.
No statement contained in this section shall prevent any special agreement
or arrangement between the community of Fairfax and any industrial user. Industrial
waste of unusual strength or character may be accepted by the facility for
treatment, subject to adequate payment by the industrial user, providing that
National Categorical Pretreatment Standard and the City's NPDES and SDS
permit limitations are not violated.
No person(s) shall willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance, or equipment which
is part of the wastewater treatment facilities. Any person violating this
provision shall be subject to immediate arrest under the charge of a misdemeanor.
A.
Duly authorized employee(s) of the community or sewer
district, bearing proper credentials and identification, shall be permitted
to enter all properties for inspection, observations, measurement, sampling,
testing, repair and maintenance in accordance with the provisions of this
article.
B.
Industrial users shall be required to provide information
concerning industrial processes which have a direct bearing on the type and
source of discharge to the collection system. An industry may withhold information
considered confidential. However, the industry must establish that the information
in question might result in an advantage to competitors and that the industrial
process does not have deleterious results on the treatment process.
A.
The City of Fairfax hereby establishes a sewer service charge
system. All revenue collected from users of the wastewater treatment facilities
will be used for annual operation, maintenance, replacement, and capital costs.
Each user shall pay a proportionate share of operation, maintenance and replacement
costs based on the user's proportionate contribution to the total wastewater
loading. Charges to users of the wastewater treatment facility shall be determined
and fixed in a sewer service charge system (SSCS) developed according to the
provisions of this article. The SSCS adopted by resolution upon enactment
of this article shall be published in the local newspaper and shall be effective
upon publication. Subsequent changes in the sewer service rates and charges
shall be adopted by Council resolution and published in the local paper.
B.
Revenues collected through the SSCS shall be deposited in a separate
fund known as the Sewer Service Fund (SSF).
A.
The community of Fairfax hereby establishes a Sewer Service
Fund as an income fund to receive all revenues generated by the SSCS and all
other income dedicated to the wastewater treatment facility.
B.
The SSF administered by a designated representative shall
be separate and part from all other accounts. Revenues received by the SSF
shall be transferred to the following accounts established as income and expenditure
accounts:
A.
A designated representative shall maintain a proper system
of accounts and records suitable for determining the operation, maintenance,
replacement (OM&R) and debt retirement costs for the treatment facilities,
and shall furnish the Council with a report of such costs annually.
B.
At that time the Council shall determine whether sufficient
revenue is being generated for the effective management of the facilities
and debt retirement. The Council will also determine whether the user charges
are distributed proportionately. If necessary, the SSCS shall be revised to
insure proportionately of user charges and sufficient funds.
C.
In accordance with state requirements, each user will
be notified annually in conjunction with a regular billing of that portion
of the sewer service charge attributable to OM&R.
D.
Sewer service charges shall be billed on a monthly basis. Any
bill not paid in full 60 days after the due date will be considered delinquent.
At that time the user will be notified regarding the delinquent bill and subsequent
penalty. The penalty shall be computed as 10% of the original bill and shall
be increased by the same percent for every month the bill is outstanding.
B.
Each user shall pay operation, maintenance and replacement
costs in proportion to the user's contribution of wastewater flows and
loadings to the treatment plant, with a minimum rate for loadings of BOD and
TSS being the rate established for normal domestic strength waste (NDSW) concentrations.
Those industrial users discharging only segregated NDSW can be classified
as nonresidential users for the purposes of rate determination.
C.
Charges for residential and nonresidential users will
be determined proportionately according to billable wastewater flow.
(1)
Residential users. Billable wastewater volume for residential
users shall be calculated on the basis of metered water usage. The monthly
billable wastewater volume will be equal to the monthly metered water usage.
The City may require residential users to install water meters for the purpose
of determining billable wastewater volume.
(2)
Nonresidential users. Billable wastewater volume of nonresidential
users may be determined in the same manner as for residential users. The City
may require nonresidential users to install such additional water meters or
wastewater flow meters as may be necessary to determine billable wastewater
volume.
D.
The sewer service charges established in this section
will not prevent the assessment of additional charges to users who discharge
wastes in concentrations greater than NDSW or of unusual character (industrial
users). Special contractual agreements can be made with such users, subject
to the following conditions:
(1)
The user pays OM&R costs in proportion to the user's
contribution of wastewater flows and loadings to the treatment facility, and
no user is charged at a rate inferior to the charge for normal domestic strength
wastes.
(2)
The sampling of wastewater shall be conducted in accordance
with the techniques established in "Standard Methods for the Examination of
Water and Wastewater," latest edition.
E.
Determination of user charges.
(1)
For producers of normal domestic strength wastes:
|
Uomr
|
=
|
OM&R/Tbwv
| ||
|---|---|---|---|---|
|
Where:
|
Uomr
|
=
|
Unit cost for operation, maintenance, and equipment replacement in $/Kgal.
| |
|
OM&R
|
=
|
Total annual OM&R costs
| ||
|
Tbwv
|
=
|
Total annual billable wastewater flow in Kgal.
|
(2)
Calculation of user charges:
|
Uc
|
=
|
Uomr x Bwv + Base
| ||
|---|---|---|---|---|
|
Where:
|
Uc
|
=
|
User charge
| |
|
Uomr
|
=
|
Unit cost for operation, maintenance and equipment replacement in $/Kgal.
| ||
|
Bwv
|
=
|
Billable wastewater volume in Kgal.
| ||
|
Base
|
=
|
Base charge for administration costs
|
F.
Recovery of local construction costs. Local construction
costs for the wastewater treatment facility will recovered through a debt
service charge calculated in a manner consistent with the user charge as follows:
(1)
Calculation of unit cost for debt service.
|
Uads
|
=
|
Ads/Tbwv
| ||
|---|---|---|---|---|
|
Where:
|
Uads
|
=
|
Unit cost for annual debt service ($/Kgal.)
| |
|
Ads
|
=
|
Cost of annual debt service
| ||
|
Tbwv
|
=
|
Total annual billable wastewater volume (Kgal.)
|
(2)
Calculation of debt service charge.
|
Dsc
|
=
|
Uds x Bwv
| ||
|---|---|---|---|---|
|
Where:
|
Dsc
|
=
|
Debt service charge
| |
|
Uds
|
=
|
Unit charge for debt service ($/Kgal.)
| ||
|
Bwv
|
=
|
Billable wastewater volume of a single user (Kgal.)
|
G.
Determination of sewer service charges. The sewer service
charge for a particular connection shall be as follows:
|
SSC
|
=
|
UC + DSC
| ||
|---|---|---|---|---|
|
Where:
|
SSC
|
=
|
Sewer service charge
| |
|
UC
|
=
|
User charge
| ||
|
DSC
|
=
|
Debt service charge
|
A.
Upon determination that a user has violated or is violating
applicable provisions of this article or related permits, the authorized representative
may issue a notice of violation. Within 30 days of such notification, the
violator shall submit to the authorized representative an adequate explanation
for the violation and a plan for the correction and prevention of such occurrences,
including specific actions required. Submission of such a plan in no way relieves
the violator of liability of any violation occurring before or after the issuance
of the notice of violation.
B.
Any person found to be violating any provision of this article shall be guilty of a misdemeanor and shall be prosecuted accordingly. Each day in which any such violation occurs shall be deemed as a separate offense. Such fines may be added to the user's next sewer service charge, and will hence be subject to the same collection regulations as specified in § 253-19 of this article. Users desiring to dispute a fine must file a request for the authorized representative to reconsider within 30 days of the issuance of the fine. If the authorized representative believes that the request has merit, a hearing on the matter shall be convened within 30 days of the receipt of the request.
C.
To collect delinquent sewer service charge accounts,
the community or sewer district may file a civil action suit or levy a lien
against the violator. Related attorneys fees fixed by court order shall also
be collected. The violator shall be liable for interest on all balances at
a rate of 18% annually.
D.
Any person violating any of the provisions of this article
shall become liable to the City for any expense, loss or damage occasioned
by the community or sewer district be reason of such violation.
[Adopted 1-3-1995 by Ord. No. 117]
There is hereby established a Water Department, which shall be under
the supervision of the Superintendent and City Council. The Department shall
be responsible for the management, maintenance, care, and operation of the
water works of the City.
No person shall make or use any water installation connected to the
City water or sewer system except pursuant to application and permit as provided
in this chapter. No person shall make or use any such installation contrary
to the regulatory provisions of this article.
Application for a water service installation shall be made to the City
Clerk-Treasurer. Application for a service installation shall be made by the
owner of the property to be served or by his agent. The applicant shall at
the time of making application pay to the City the amount of the fees or deposit
required for the installation of the service connection as provided in this
chapter.
No connection shall be made to the City water system without a permit
received from the Clerk-Treasurer. The fee for each such permit shall be $400
for a water main connection permit. When a connection requires installation
of a service line from the main to the property line, the applicant for a
permit shall pay to the City an amount not less than the cost of making the
necessary connections, taps, and installation of pipe and appurtenances to
provide service to the property and the necessary street repairs.
All accounts shall be carried in the name of the owner. The owner shall
be liable for water supplied to his property, whether he is occupying the
property or not, and any charges unpaid shall be a lien upon the property.
A.
Bills for service. Water charges shall be billed monthly
to customers for the monthly minimum. Water meters shall be read semiannually
and customers' bills shall specify the water consumed and water charges in
accordance with the rates set by resolution by the City Council.
B.
Delinquent accounts. All charges for water service shall
be due on the due date specified on the bill for the respective account and
shall be delinquent 15 days thereafter. The City shall endeavor to collect
delinquent accounts promptly. In any case, where satisfactory arrangements
for payment have not been made, the Superintendent may, after the procedural
requirements have been complied with, discontinue service to the delinquent
customer by shutting off the water at the stop box. When water service to
any premises has been discontinued, service shall not be restored except upon
the payment of all of the delinquent bill and reconnection fee. Reconnection
fee shall be set by resolution by the City Council.
Water shall not be shut off for a violation of rules and regulations
affecting utility service until notice and an opportunity for a hearing have
first been given the occupant of the premises involved. The notice shall be
served and shall state that if payment is not made before the day stated in
the notice but not less than 10 days after the date on which the notice is
given, the water supply to the premises will be shut off. The notice shall
also state that the occupant may, before such date, demand a hearing on the
matter, in which case the supply will not be cut off until after the hearing
is held. If the customer requests a hearing before the date specified, a hearing
shall be held on the matter by the City Council. If the Council finds that
the amount claimed to be owing is actually due and unpaid and that there is
no legal reason why the water supply of the delinquent customer may not be
shut off in accordance with this article, the City may shut off the supply.
The City may discontinue service to any water consumer without notice
for necessary repairs or upon notice as provided for nonpayment of charges,
or for violation of rules and regulations affecting utility service.
No more than one house or building shall be supplied from one service
connection except by special permission of the Council. Whenever two or more
parties are supplied from one pipe connecting with a service main, each building
or part of building separately supplied shall have a separate stop box and
a separate meter.
No person except an authorized City employee shall turn on any water
supply at the stop box or tap any distributing main or pipe of the water supply
system or insert a stop or other appurtenance therein without a City permit.
The consumer or owner shall be responsible for maintaining the service
pipe from the curb box into the building served. If he fails to repair any
leak in such service pipe within 24 hours after notice by the City, the City
may turn the water off. When the waste of water is great or damage is likely
to result from the leak, the City shall turn the water off immediately upon
the giving of notice if repair is not commenced immediately.
No person other than an authorized City employee shall operate a fire
hydrant or interfere in any way with the City water system without first obtaining
authority to do so from the City Council.
No water pipe of the City water supply system shall be connected with
any pump, well, or tank that is connected with any other source of water supply.
When any such connection is found, the City shall notify the owner to sever
the connection and if this is not done immediately, the City shall turn off
the water supply forthwith. Before any new connection to the City system is
permitted, the City shall ascertain that no cross connection will exist when
the new connection is made.
Whenever the Council determines that a shortage of water supply threatens
the City, it may, by resolution, limit the times and hours during which City
water may be used for sprinkling, irrigation, car washing, air conditioning,
or other specified uses. After publication of the resolution or two days after
the mailing of the resolution to each customer, no person shall use or permit
water to be used. If the emergency requires immediate compliance with terms
of the resolution, the Council may provide for the delivery of a copy of the
resolution to the premises of each customer, and any customer who has received
such notice and thereafter uses or permits water to be used in violation of
the resolution shall be subject to a charge. Continued violation shall be
cause for discontinuance of water service.
Except for the extinguishment of fires, no person other than an authorized
City employee shall use water from the City water supply system or permit
water to be drawn therefrom unless the water passes through a meter supplied
or approved by the City. No person not authorized by the City shall connect,
disconnect, take apart, or in any manner change or interfere with any such
meter or its use. Meters shall be installed by the City at its expense. Water
meters shall be the property of the City and may be removed or replaced as
to size and type when deemed necessary.
The City shall maintain and repair at its expense any meter that has
become unserviceable through ordinary wear and tear and shall replace it if
necessary. Where repair or replacement is made necessary by act or neglect
of the owner or occupant of the premises it serves, and City expense caused
thereby shall be a charge against and collected from the water consumer, and
water service may be discontinued until the cause is corrected and the amount
charge is paid.
Authorized meter readers shall have free access at reasonable hours
of the day to all parts of every building and premises connected with the
City water supply system in order to read meters and make inspections.
Water user shall pay a monthly minimum and for water used semiannually
at the rates set by resolution by the City Council.
A.
Upon determination that a user has violated or is violating
applicable provisions of this article or related permits, the authorized representative
may issue a notice of violation. Within 30 days of such notification, the
violator shall submit to the authorized representative an adequate explanation
for the violation and a plan for the correction and prevention of such occurrences,
including specific actions required. Submission of such a plan in no way relives
the violator of liability of any violation occurring before or after the issuance
of the notice of violation.
B.
Any person found to be violating any provision of this
article shall be guilty of a misdemeanor and shall be prosecuted accordingly.
Each day in which any such violation occurs shall be deemed as a separate
offense. Such fines may be added to the user's next water charge, and
will hence be subject to the same collection regulations. Users desiring to
dispute a fine must file a request for the City Clerk-Treasurer to reconsider
within 30 days of the issuance of the fine. If the City Clerk-Treasurer believes
that the request has merit, a hearing on the matter shall be convened within
30 days of the receipt of the request.
C.
To collect delinquent water accounts, the City may levy
a lien against the violator.
D.
Any person violating any of the provisions of this article
shall become liable to the City for any expense, loss or damage occasioned
by the community by reason of such violation.
