Title 13
PUBLIC SERVICES
Chapters:
Division I. Sewers
13.04 Definitions
13.08 System Administration
13.12 Regulations
13.16 Charges
13.20 Private Wastewater Disposal
Division II. Water
13.24 System Administration
13.28 Regulations
13.32 Water Rates
Division I.
Sewers
Chapter 13.04
DEFINITIONS
Sections:
13.04.010 Applicability.
13.04.020 Biochemical oxygen demand (BOD).
13.04.030 Building drain.
13.04.040 Building sewer.
13.04.050 Combined sewer.
13.04.060 Easement.
13.04.070 Floatable oil.
13.04.080 Garbage.
13.04.090 Industrial wastes.
13.04.100 Natural outlet.
13.04.110 May.
13.04.120 Person.
13.04.130 pH.
13.04.140 Properly shredded garbage.
13.04.150 Public sewer.
13.04.160 Sanitary sewer.
13.04.170 Sewage.
13.04.180 Sewer.
13.04.190 Shall.
13.04.200 Slug.
13.04.210 Storm drain.
13.04.220 Superintendent.
13.04.230 Suspended solids.
13.04.240 Unpolluted water.
13.04.250 Wastewater.
13.04.260 Wastewater facilities.
13.04.270 Wastewater treatment works.
13.04.280 Watercourse.
13.04.010 Applicability.
Unless the context specifically indicates otherwise, the meaning of terms used in this division shall be as set out in this chapter.
(Ord. 4-82(Art. I (part))
13.04.020 Biochemical oxygen demand (BOD).
"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius, expressed in milligrams per liter.
(Ord. 4-82 Art. I § 1)
13.04.030 Building drain.
"Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.
(Ord. 4-82 Art. I § 2)
13.04.040 Building sewer.
"Building sewer" means the extension from the building drain to the public sewer or other place of disposal also called house connection.
(Ord. 4-82 Art. I § 3)
13.04.050 Combined sewer.
"Combined sewer" means a sewer intended to receive both wastewater and stormwater or surface water.
(Ord. 4-82 Art. I § 4)
13.04.060 Easement.
"Easement" means an acquired legal right for the specific use of land owned by others.
(Ord. 4-82 Art. I § 5)
13.04.070 Floatable oil.
"Floatable oil" means oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
(Ord. 4-82 Art. I § 6)
13.04.080 Garbage.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
(Ord. 4-82 Art. I § 7)
13.04.090 Industrial wastes.
"Industrial wastes" means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary waste.
(Ord. 4-82 Art. I § 8)
13.04.100 Natural outlet.
"Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
(Ord. 4-82 Art. I § 9)
13.04.110 May.
"May" is permissive (see "shall," Section 13.04.190).
(Ord. 4-82 Art. I § 10)
13.04.120 Person.
"Person" means any individual, firm, company, association, society, corporation or group.
(Ord. 4-82 Art. I § 11)
13.04.130 pH.
"pH" means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and hydrogen-ion concentration of 10-7.
(Ord. 4-82 Art. I § 12)
13.04.140 Properly shredded garbage.
"Properly shredded garbage" means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
(Ord. 4-82 Art. I § 13)
13.04.150 Public sewer.
"Public sewer" means a common sewer controlled by a governmental agency of public utility.
(Ord. 4-82 Art. I § 14)
13.04.160 Sanitary sewer.
"Sanitary sewer" means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwaters, stormwaters and surface waters that are not admitted intentionally.
(Ord. 4-82 Art. I § 15)
13.04.170 Sewage.
"Sewage" means the spent water of a community. The preferred term is "wastewater," Section 13.04.250.
(Ord. 4-82 Art. I § 16)
13.04.180 Sewer.
"Sewer" means a pipe or conduit that carries wastewater or drainage water.
(Ord. 4-82 Art. I § 17)
13.04.190 Shall.
"Shall" is mandatory (see "may," Section 13.04.110.)
(Ord. 4-82 Art. I § 18)
13.04.200 Slug.
"Slug" means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
(Ord. 4-82 Art. I § 19)
13.04.210 Storm drain.
"Storm drain" (sometimes termed "storm sewer") means a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
(Ord. 4-82 Art. I § 20)
13.04.220 Superintendent.
"Superintendent" means the superintendent of wastewater facilities, and/or superintendent of public works of the city, or his authorized deputy, agent or representative.
(Ord. 4-82 Art. I § 21)
13.04.230 Suspended solids.
"Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods of the Examination" referred to as nonfilterable residue.
(Ord. 4-82 Art. I § 22)
13.04.240 Unpolluted water.
"Unpolluted water" means 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 and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
(Ord. 4-82 Art. I § 23)
13.04.250 Wastewater.
"Wastewater" means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be present.
(Ord. 4-82 Art. I § 24)
13.04.260 Wastewater facilities.
"Wastewater facilities" means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
(Ord. 4-82 Art. I § 25)
13.04.270 Wastewater treatment works.
"Wastewater treatment works" means an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
(Ord. 4-82 Art. I § 26)
13.04.280 Watercourse.
"Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. 4-82 Art. I § 27)
Chapter 13.08 Sections:
13.08.010 Right of entry.
13.08.020 Right to obtain information.
13.08.030 Conduct of inspections.
13.08.040 Right of entry to easements.
13.08.050 Hearing board.
13.08.060 Violation Notice.
13.08.070 Violation Misdemeanor.
13.08.080 Violation Liability to city.
13.08.010 Right of entry.
The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this title.
(Ord. 4-82 Art. VII § 1)
13.08.020 Right to obtain information.
The superintendent or other duly authorized employees are authorized employees authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage of competitors.
(Ord. 4-82 Art. VII § 2)
13.08.030 Conduct of inspections.
While performing the necessary work on private properties referred to in Section 13.20.010, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions are required in Section 13.12.230.
(Ord. 4-82 Art. VII § 3)
13.08.040 Right of entry to easements.
The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 4-82 Art. VII § 4)
13.08.050 Hearing board.
The city council shall act as a hearing board for arbitration of differences between the superintendent and sewer users on matters concerning interpretation and execution of the provisions of this title by the superintendent.
(Ord. 4-82 Art. VIII § 1)
13.08.060 Violation Notice.
Any person found to be violating any provisions of this title except Section 13.12.270 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction threrof. The offender shall, within the periods of time stated in the notice, permanently cease all violations.
(Ord. 4-82 Art. IX § 1)
13.08.070 Violation Misdemeanor.
Any person who continues any violation beyond the time limit provided for in Section 13.08.060 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars for each violation. Each day in which any such violation continues is a separate offense.
(Ord. 4-82 Art. IX § 2)
13.08.080 Violation Liability to city.
Any person violating any of the provisions of this title shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
(Ord. 4-82 Art. IX § 3)
Chapter 13.12 Sections:
Article I. Use of Public Sewers Required
13.12.010 Unsanitary deposit of waste.
13.12.020 Discharge to natural outlet.
13.12.030 Disposal facility construction.
13.12.040 Hookup to proximate sewer required.
Article II. Building Sewers and Connections
13.12.050 Disturbing public sewer.
13.12.060 Building sewer permit.
13.12.070 Cost of building sewer.
13.12.080 Separate sewer for each building.
13.12.090 Old building sewers.
13.12.100 Construction materials and methods.
13.12.110 Elevation of building sewer.
13.12.120 Surface water or runoff connections.
13.12.130 Connection standards.
13.12.140 Inspection notice Connection supervision.
13.12.150 Excavations.
Article III. Use of Sewers
13.12.160 Unpolluted water Improper discharge.
13.12.170 Unpolluted water Proper discharge.
13.12.180 Prohibited discharges.
13.12.190 Limited discharges.
13.12.200 Restriction or rejection of discharges Pretreatment.
13.12.210 Grease, oil and sand interceptors.
13.12.220 Pretreatment facility maintenance.
13.12.230 Control manhole.
13.12.240 Discharge composition and quantity information.
13.12.250 Sampling and testing methods.
13.12.260 Special agreements.
Article IV. Prohibited Acts
13.12.270 Vandalism.
13.12.280 Nuisance or deleterious discharges.
13.12.290 Clear water connections.
Article I. 13.12.010 Unsanitary deposit of waste.
It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.
(Ord. 4-82 Art. II § 1)
13.12.020 Discharge to natural outlet.
It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(Ord. 4-82 Art. II § 2)
13.12.030 Disposal facility construction.
Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
(Ord. 4-82 Art. II § 3)
13.12.040 Hookup to proximate sewer required.
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this division, within one hundred twenty days of the date of official notice to do so, provided that the public sewer is within two hundred feet of the property line.
(Ord. 4-82 Art. II § 4)
Article II. 13.12.050 Disturbing public sewer.
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
(Ord. 4-82 Art. IV § 1)
13.12.060 Building sewer permit.
There shall be two classes of building sewer permits: (A) for residential and commercial services, and (B) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of ten dollars for an industrial building sewer permit shall be paid to the city at the time the application is filed.
(Ord. 4-82 Art. IV § 2)
13.12.070 Cost of building sewer.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 4-82 Art. IV § 3)
13.12.080 Separate sewer for each building.
A separate and independent building sewer shall be provided for every building; except, that where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.
(Ord. 4-82 Art. IV § 4)
13.12.090 Old building sewers.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this division.
(Ord. 4-82 Art. IV § 5)
13.12.100 Construction materials and methods.
The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the buildings and plumbing code or other applicable rules and regulations of the city and the state. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(Ord. 4-82 Art. IV § 6)
13.12.110 Elevation of building sewer.
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, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. 4-82 Art. IV § 7)
13.12.120 Surface water or runoff connections.
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent and the South Dakota State Department of Health for purposes of disposal of polluted surface drainage.
(Ord. 4-82 Art. IV § 8)
13.12.130 Connection standards.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, and the state, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
(Ord. 4-82 Art. IV § 9)
13.12.140 Inspection notice Connection supervision.
The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the superintendent or his representative.
(Ord. 4-82 Art. IV § 10)
13.12.150 Excavations.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. 4-82 Art. IV § 11)
Article III. 13.12.160 Unpolluted water Improper discharge.
No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent and the South Dakota Department of Health.
(Ord. 4-82 Art. V § 1)
13.12.170 Unpolluted water Proper discharge.
Stormwater other than that exempted under Section 13.12.160 and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent and the South Dakota Department of Health. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer or natural outlet.
(Ord. 4-82 Art. V § 2)
13.12.180 Prohibited discharges.
No person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
B. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works. Each use which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the Redfield treatment works shall pay for such increased costs;
C. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in 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, underground garbage, whole blood, paunch manure, hair, and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(Ord. 4-82 Art. V § 3)
13.12.190 Limited discharges.
The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems to concentration or quantities which will not harm either the sewers, the sludge of any municipal system, the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb or public property, or constitute a nuisance. The superintendent may set limitations lower than the limitations established in the regulations below if, in his opinion as to the acceptability, the superintendent gives consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the superintendent are as follows:
A. Wastewater having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-five degrees Celsius);
B. Wastewater containing more than twenty-five milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin;
C. Wastewater from industrial plants containing floatable oils, fat, or grease;
D. Any garbage that has not been properly shredded (see Section 13.04.150). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;
E. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such materials;
F. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the superintendent;
G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;
H. Quantities of flow, concentrations or both which constitute a "slug" as defined in this division;
I. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
J. Any water of wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, from suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
(Ord. 4-82 Art. V § 4)
13.12.200 Restrictions or rejection of discharges Pretreatment.
A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 13.12.190, and which in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 13.12.260.
B. If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and the South Dakota Department of Health.
(Ord. 4-82 Art. V § 5)
13.12.210 Grease, oil and sand interceptors.
Grease, oil and sand interceptors shall be provided when in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Section 13.12.190(C), or any flammable wastes, sand or other harmful ingredients; except, that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and the South Dakota Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.
(Ord. 4-82 Art. V § 6)
13.12.220 Pretreatment facility maintenance.
Where pretreatment or flow-equalization facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
(Ord. 4-82 Art. V § 7)
13.12.230 Control manhole.
When required by the superintendent, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(Ord. 4-82 Art. V § 8)
13.12.240 Discharge composition and quantity information.
The superintendent may require a user of sewer services to provide information needed to determine compliance with this division. These requirements may include:
A. Wastewater's discharge peak rate and volume over a specified time period;
B. Chemical analysis of wastewaters;
C. Information on raw materials, processes, and products affecting wastewater volume and quality;
D. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;
E. A plot plan of sewers of the user's property showing sewer and pretreatment facility location;
F. Details of wastewater pretreatment facilitates;
G. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
(Ord. 4-82 Art. V § 9)
13.12.250 Sampling and testing methods.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in the Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the superintendent.
(Ord. 4-82 Art. V § 10)
13.12.260 Special agreements.
No statement contained in this article shall be construed as preventing any special agreement of arrangement between the city and any industrial waste of unusual strength or character may be accepted by the city for treatment.
(Ord. 4-82 Art. V § 11)
Article IV. 13.12.270 Vandalism.
No person(s) shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 4-82 Art. VI § 1)
13.12.280 Nuisance or deleterious discharges.
A. The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works, is prohibited.
B. Each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent of the sludge of the Redfield wastewater treatment works shall pay for such increased costs.
(Ord. 3-82 § 10)
13.12.290 Clear water connections.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. 3-82 § 11)
Chapter 13.16 Sections:
13.16.010 Purpose.
13.16.020 Total annual operations cost.
13.16.030 User or user class share determination.
13.16.040 Nonresidential BOD and TSS surcharge.
13.16.050 Annual nonresidential charge.
13.16.060 Wastewater facilities replacement fund.
13.16.070 Billing and payment.
13.16.080 Review of charges.
13.16.090 Annual notice of rates.
13.16.100 Rate schedule Generally.
13.16.110 Rate schedule Out-of-town users.
AppendixA Surcharge Rate Schedule for Above-normal Strength Wastes
Appendix B Rate Schedule
13.16.010 Purpose.
The purpose of this chapter is to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the system on proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).
(Ord. 3-82 § 1)
13.16.020 Total annual operations cost.
The city or its city engineer shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment, replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund.
(Ord. 3-82 § 2)
13.16.030 User or user class share determination.
A. The city or its city engineer shall determine for each user or user class the average daily volume of wastewater discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system to determine such user's volume contribution percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow.
B. The city or its city engineer shall determine for each user or user class the average daily poundage of five-day, twenty-degree-Celsius biochemical oxygen demand (BOD) discharged to the wastewater system which shall then be divided by the average daily poundage of all five-day BOD discharged to the wastewater system to determine such user's BOD contribution percentage.
C. The city or its city engineer shall determine for each user or user class the average daily total suspended solids (TSS) poundage discharged to the wastewater system which shall then be divided by the average daily poundage of all TSS discharged to the wastewater system, to determine such user's TSS contribution percentage.
D. The volume contribution percentage, BOD contribution percentage and TSS contribution percentage for each user or user class shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, total five-day twenty-degree-Celsius BOD and total TSS, respectively.
(Ord. 3-82 § 3)
13.16.040 Nonresidential BOD and TSS surcharge.
The city or its city engineer will assess a surcharge rate for all nonresidential users discharging wastes with BOD and TSS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the cost of treating their above-normal strength wastes. Normal strength wastes are considered to be two hundred ppm BOD and two hundred fifty ppm TSS. The surcharge rate structure for such above-normal strength waste dischargers is attached (Appendix A).
(Ord. 3-82 § 4)
13.16.050 Annual nonresidential charge.
Each nonresidential user's wastewater treatment cost contributions as determined in Sections 3 and 4 shall be added together to determine such user's annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each based on an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial, and other non-residential establishments are equivalent to the wastes from the average residential user with respect to volume, total suspended solids, and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the rate schedule codified in Appendix B to this chapter.
(Ord. 3-88; Ord. 3-82 § 5)
13.16.060 Wastewater facilities replacement fund.
A reserve fund called the wastewater facilities replacement fund is established within the wastewater utility fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories and appurtenances for the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed (see Appendix C).
(Ord. 6-01 (part): Ord. 3-82 § 6)
13.16.070 Billing and payment.
The city shall submit a monthly bill to each user for a wastewater service charge. Should any user fail to pay the wastewater service charge within two months of the due date, the city may stop the wastewater service to the property.
(Ord. 7-96 (part): Ord. 12-90 (part))
13.16.080 Review of charges.
The city shall review the total annual cost of operation and maintenance as well as each user's wastewater contribution percentage not less often than every two years and will revise the system as necessary to assure equity of the service charge system established in this chapter and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. The city shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly. If a significant user, such as an industry, has completed in-plant modifications which would change that user's wastewater contribution percentage the user can present, at a regularly scheduled meeting of the governing body, such factual information and the city shall then determine if the user's wastewater contribution percentage is to be changed. The city shall notify the user of its findings as soon as possible.
(Ord. 3-82 § 8)
13.16.090 Annual notice of rates.
Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
(Ord. 3-82 § 9)
13.16.100 Rate schedule Generally.
The various rates for sewer services shall be set forth in Appendices A, B and C of this chapter.
A. Sewer service charges shall be based on the water consumption billed on the December 1 bill each year.
B. The city council shall have the power, by resolution, to reclassify the users of sewer facilities other than as set forth above, and to fix other just and reasonable rates of charges or rentals according to such reclassification, and to do this without necessity of amending this section, and to fix charges for premises in cases where the charge based upon water consumption of city metered water is inequitable, but according to the rates set forth in this section.
C. Such person as may be appointed by the city council from time to time to collect water rents due the city, shall also compute the amount due the city for sewage charges, and render a statement thereof, which may be made a part of any statement submitted for water used, to the owner or occupant of any premises served, or to both. All amounts due are payable to the collector of water rentals, together with the payment of such water rentals, but such amounts shall be kept in a separate fund known as the sewer rental fund.
D. The sewer charge shall be a charge against the owner, lessee or occupant of the premises, and against any or all of them, and any such claim for unpaid sewer service charges may be collected in a civil action brought for that purpose in any court of competent jurisdiction.
(Ord. 6-01 (part); Ord. 7-96 (part); Ord. 12-90 (part))
13.16.110 Rate schedule Out-of-town users.
There is established for any lot, parcel of land, building or premises, used for residential or commercial purposes, outside the corporate limits, a sewer service charge of twenty-five dollars per month for each user, in addition to the various rates for sewer services as set forth in Appendices A, B, and C of this chapter. For those users falling under Appendix B, an additional fifty percent shall be added to the sewer charges of services outside city limits.
(Ord. 6-01 (part): Ord. 12-90 (part); Ord. 9-77)
Appendix A The city of Redfield, or its engineer, has determined that the average total suspended solids (TSS) and five-day biochemical oxygen demand (BOD) daily loadings for the average residential user are two hundred ppm BOD and two hundred fifty ppm TSS. The city of Redfield, or its engineer, has assessed a surcharge rate for all nonresidential users discharging wastes with BOD and TSS strengths greater than the average residential user. The surcharge will be sufficient to cover the costs of treating such users' above-normal strength wastes. Such users will pay an additional service charge of two cents per one thousand gallons for each twenty-five ppm over two hundred ppm of BOD and one cent per one thousand gallons for each twenty-five ppm over two hundred fifty ppm TSS.
APPENDIX B All users with BOD no greater than two hundred ppm and TSS no greater than two hundred fifty ppm will pay a flat rate charge of three dollars and fifty cents per one thousand gallons per month for all flows.
Any nonresident user with BOD and TSS greater than the strength defined in paragraph one will pay a surcharge as shown in Appendix A.
(Ord. 7-08: Ord. 2-07)
Appendix C The reserve fund called the wastewater facilities replacement fund established within the wastewater utility fund as an interest-bearing account shall be funded by a fee of one dollar per month on each sewer billing.
Chapter 13.20 Sections:
13.20.010 Required when.
13.20.020 Permit Required.
13.20.030 Inspection.
13.20.040 Requirements Restrictions.
13.20.050 Connection to public sewer.
13.20.060 Sanitary operation required.
13.20.070 Additional requirements.
13.20.010 Required when.
Where a public sanitary or combined sewer is not available under the provisions of Section 13.12.040, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter.
(Ord. 4-82 Art. 3 § 1)
13.20.020 Permit Required.
Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of ten dollars shall be paid to the city at the time the application is filed.
(Ord. 4-82 Art. 3 § 2)
13.20.030 Inspection.
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four hours of the receipt of notice by the superintendent.
(Ord. 4-82 Art. 3 § 3)
13.20.040 Requirements Restrictions.
The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the department of public health of the state. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than forty-three thousand five hundred sixty square feet (one acre). No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(Ord. 4-82 Art. 3 § 4)
13.20.050 Connection to public sewer.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 13.20.040, a direct connection shall be made to the public sewer within sixty days in compliance with this title, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
(Ord. 4-82 Art. 3 § 5)
13.20.060 Sanitary operation required.
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 4-82 Art. 3 § 6)
13.20.070 Additional requirements.
No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the health officer.
(Ord. 4-82 Art. 3 § 7)
Division II. Chapter 13.24 Sections:
13.24.010 Superintendent Duties.
13.24.020 Employees Appointment, compensation.
13.24.030 Water mains Map.
13.24.040 Inventory and records.
13.24.050 Authority of department.
13.24.060 Water shut-off Expense.
13.24.070 Fires.
13.24.080 Water use restriction.
13.24.090 Violation Penalty.
13.24.010 Superintendent Duties.
The superintendent of waterworks shall have the immediate control, protection and management of everything appertaining to the waterworks of the city, and have all the powers and duties enumerated in this chapter, or which may hereafter be given him, and shall discharge his duties under the direction and control of the city council.
(Prior code § 10.0201)
13.24.020 Employees Appointment, compensation.
The city council shall appoint all other regular employees of the waterworks, and fix the salaries or compensation of every person connected therewith.
(Prior code § 10.0202)
13.24.030 Water mains Map.
It shall be the duty of the city council to provide and maintain a comprehensive map of all water mains, branches, extensions, hydrants and gates, showing their location and size and it shall be the duty of the superintendent to furnish all information of any changes of or additions to the water system so that the maps and records thereof may from time to time be corrected and enlarged as the occasion may require.
(Prior code § 10.0203)
13.24.040 Inventory and records.
The superintendent shall, at the end of each year, make and file with the city auditor a complete inventory in detail, of all tools, implements, furniture and other articles of personal property belonging to the department with which he shall be charged. He shall also keep in a book provided therefor, records, with a suitable diagram showing the location, number and size of all taps in the main and service pipes connecting therewith, and such other records as he may be directed.
(Prior code § 10.0204)
13.24.050 Authority of department.
The superintendent or other officer or employee of the water department shall be permitted at all reasonable hours to enter the premises or buildings of consumers for the purpose of reading meters and to examine water pipes and fixtures, and the manner in which water is used, and the city reserves the right to require the owner or user to set or remove a meter or change its location whenever it is deemed advisable so to do. And the owner or occupant of such premises must at all times, frankly and without concealment, answer all questions put to them by such representative of the city pertaining to use of the water and its consumption. If in the opinion of the superintendent the water is wasted on account of negligence, want of repairs or for any other reason he shall give verbal or written notice thereof to the consumer or owner to make the necessary repairs or changes and if such waste is not repaired within twenty-four hours after the notice is given, the water will be shut off and shall not be turned on again until the superintendent so orders. If the waste of the water is great or when damage is likely to result from leakage, the water will be turned off immediately. The water will be turned off for any wilful or persistent violation of the rules in force in relation to the use thereof. In either case, when the water is cut off, the water shall not be turned on again until the sum of ten dollars has been paid into the city treasury as a penalty therefor, and such amount shall go to the credit of the water fund.
(Prior code § 10.0220)
13.24.060 Water shut-off Expense.
When the water has been shut off on account of nonpayment of bills or for violation of any of the rules and regulations of the city it will not be turned on again until all the arrears are paid together with the additional sum of ten dollars to cover expense of shutting off and turning on. If any person, from whose premises the water has been shut off for any of the reasons provided in this section, shall turn the water on or cause the same to be turned on without authority from the superintendent, he shall be deemed guilty of a misdemeanor.
(Ord. 9-72 (part): prior code § 10.0229)
13.24.070 Fires.
In case of fire, the chief of the fire department shall have the full management and control for the time being of all mains, gates, and fire hydrants, and it shall be the duty of the superintendent of the waterworks to carry out any lawful order of the fire department in relation to the waterworks.
(Prior code § 10.0234)
13.24.080 Water use restriction.
The water superintendent, with the approval of the city council, shall have the right to limit or prohibit temporarily the use of water from the city distribution system for any purpose, excepting domestic purposes within the dwellings of consumers or in business establishments during emergencies in the event of plant breakdown, prolonged drought, or shortage of water supply for any reason, to the end that fire protection efficiency may be maintained at its maximum. Notice of such limitation or prohibition of the use of such water shall be given by publishing a notice thereof once in the official newspaper of the city or by personal notice. Any person violating the terms of such prohibition or restriction after such notice shall be guilty of a misdemeanor and subject to a fine not exceeding one hundred dollars and water service to the premises involved may be discontinued entirely during such emergency.
(Prior code § 10.0238)
13.24.090 Violation Penalty.
Any person violating any of the provisions of this chapter shall in addition to the ordinary penalties prescribed for violation of this chapter, be subject to having water service turned off from the premises of such person, and service shall not be restored until there has been full compliance of this chapter and the payment of such fees for restoring service as may be provided by this chapter.
(Prior code § 10.0239)
Chapter 13.28 Sections:
13.28.010 Permit required.
13.28.020 Connection fees.
13.28.030 Cut-off placement.
13.28.040 Use of sewer trench prohibited Exception.
13.28.050 Repair of service.
13.28.060 Use without meter unlawful.
13.28.070 Meter Required Fees.
13.28.080 Meters Placement.
13.28.090 Meters Testing Fees.
13.28.100 Meters Failure to register.
13.28.110 Meters Repair and return.
13.28.120 Meters Boxes.
13.28.130 Valve between meter and boiler.
13.28.140 Owner responsible for pipes and fixtures.
13.28.150 Notice to discontinue.
13.28.160 More than one consumer from one service.
13.28.170 Use of water by other persons prohibited.
13.28.180 Licensed plumber required.
13.28.190 Breaking seals prohibited Exception.
13.28.200 Inspection of pipes.
13.28.210 Shut-off for repairs.
13.28.220 Water required to be shut off following testing.
13.28.230 Fire hydrant Connection.
13.28.240 Fire hydrant Interfering with or damaging prohibited.
13.28.250 Drinking fountains.
13.28.260 Water for building purposes.
13.28.010 Permit required.
Any person desiring to make service connection with the water system shall make application in writing to the finance officer in such form as the city council may prescribe, and pay to the finance officer the fee for tapping the main as is provided in this chapter. The application shall be filed in the office of the finance officer. Upon the filing of the application and the payment of the fee, a permit shall be issued to the superintendent authorizing the connection to be made at the place provided for therein. No tap shall be made until a permit is issued therefor.
(Prior code § 10.0205)
13.28.020 Connection fees.
The city council is authorized by resolution to prescribe a schedule of fees for making a tap upon the city water mains and the connections to the curb stop.
(Prior code § 10.0206)
13.28.030 Cut-off placement.
All stop boxes and cut-offs for controlling the supply of water to consumers shall be placed ten feet from the property line nearest to the main, where the tap is to be made with the top of the stop box even with the grade of sidewalk or parking. However, this rule shall not apply where the water supply is controlled by a valve in the street which must be manholed. All such cut-offs are under the control of the city. The user or owner of the premises supplied with water shall be responsible for any damage to the curb-box.
(Prior code § 10.0209)
13.28.040 Use of sewer trench prohibited Exception.
Water pipes must not be laid in the same trench with sewers, except as permitted by the National Plumbing Code adopted in Chapter 15.08 of this code.
(Prior code § 10.0208)
13.28.050 Repair of service.
When any iron service pipe breaks or leaks between the curb cock and meter, such iron service pipe must be replaced with copper or lead pipe, and all service pipes between the curb cock and the meter hereafter installed, or changed, shall be copper or lead; and if copper pipe is used, the same shall be extra heavy soft copper pipe known as "Type K" and each length thereof shall have the wording, "Type K" stamped thereon. If lead pipe is used, the same shall be of the weight known as "Extra Extra Strong."
(Prior code § 10.0207)
13.28.060 Use without meter unlawful.
It is unlawful for any person to use any water from the city waterworks except through a meter regularly installed under the provisions of this chapter or turn the water on or off at any curb cock or street valve without the permission of the superintendent.
(Prior code § 10.0237)
13.28.070 Meter Required Fees.
A. All places supplied with water shall be metered by a meter furnished by the city and of a type approved by the city council under the direction of the superintendent. All meters shall be tested by the superintendent before installation and be installed under the direction of the superintendent. The owner of the premises where the meter is to be installed shall deposit with the finance officer an amount equal to the cost of such meter and the installing thereof plus ten percent on meters up to and including one inch and five percent on meters over one inch, which deposit shall be made in advance of installation and to indemnify the city against any damage to or loss of such meter and to insure the payment of all water rent and any other charge occasioned by such water service. The "owner of the premises" shall be defined as: (1) the owner of the real estate on which a structure is located on; or (2) a trailer home owner with a trailer home on the leased premises.
B. In the event the superintendent shall determine that a meter shall be replaced for any reason, the owner of the premises where the meter is to be replaced shall increase the deposit with the finance officer in an amount equal to the cost of such new meter and the installing thereof plus ten percent.
C. All places supplied with water shall be metered by a meter furnished by the city and of a type that provides for meter reading outside the residence or building being supplied with water. All residents and structures within the city being supplied with water shall be converted to outside reading meters by February 1, 1991, unless the superintendent shall determine that the building or residence cannot be served by an outside reading meter.
(Ord. 7-97; Ord. 1-91; Ord. 1-78; prior code § 10.0210)
13.28.080 Meters Placement.
All meters shall be suitably placed on service pipe, with a compression stop and waste on the inlet side and next to the meter, so as to be easy of access and whenever possible not to exceed two feet from the wall or place where the service pipe enters the building or structure. The meter shall be kept free from all obstructions so that the same may be easily read and inspected, and shall be protected from freezing or other damage. The cut-off valve shall have a handle or wrench attaching thereto for the purpose of turning same, and must be kept accessible at all times. One-inch and larger meters shall have cutoff valves on both inlet and outlet side. Meters of two-inch size or larger shall have a tee with one-inch opening inserted between meter and stop valve on outlet side of meter.
(Prior code § 10.0212)
13.28.090 Meters Testing Fees.
In case there is any doubt of the accuracy of any meter on the part of the consumer, he may have the meter tested by depositing the fee hereinafter required with the finance officer, and if the meter proves to be correct, the deposit will be retained to pay for labor in making such test. If the meter should prove to be more than five percent fast, the deposit will be refunded and proper deductions made from the bill for the preceding period. In case the meter is more than five percent slow, the proper amount will be added to the bill and the deposit retained. The fees for testing shall be as follows:
5/8-inch meter . . . . $1.00
3/4-inch meter . . . . 1.00
1-inch meter . . . . 1.50
1- 1/2-inch meter . . . . 2.50
2-inch meter . . . . 3.50
3-inch meter . . . . 7.50
4-inch meter . . . . 10.00
6-inch meter . . . . 15.00
Over 6-inch meter at fees to be determined by the council.
(Prior code § 10.0219)
13.28.100 Meters Failure to register.
In cases where water meters fail to register the amount of water passing through them by being stopped up or from any cause whatever, the quantity used shall be determined and the charge made based upon the average amount used during two or more preceding periods of similar length.
(Prior code § 10.0221)
13.28.110 Meters Repair and return.
A. The city will make all necessary repairs to meters occasioned by ordinary wear and tear; all other repairs to said meters shall be made at the expense of the owner of the premises or user and may be charged against the rental account of such owner or user and become payable as water rent.
B. When any meter is returned or taken it shall be the duty of the superintendent to determine the amount of damage, if any, to the same and the cost of repairing such meter. The finance officer shall subtract from the deposit the amount of such damages or repairing as determined by the superintendent, any amount due the city for water rent, any amount due the city for any cause arising out of such water service and return the balance.
(Prior code § 10.0211)
13.28.120 Meters Boxes.
All meters located outside of cellars must be placed in boxes. All such outside meter boxes must be constructed of brick, stone, cement or other material other than wood, and be not less than three feet long and two and one-half feet wide, inside measurement, and must be provided with two close-fitting covers so arranged as to provide a dead air space between each cover, and with steps to enable one to descend into the box. The top of the meter box shall be at grade.
(Prior code § 10.0222)
13.28.130 Valve between meter and boiler.
When a meter is placed on pipe connected to a boiler or other hot water apparatus, an approved check and relief valve must be placed between such meter and said boiler or other hot water apparatus when required by the superintendent.
(Prior code § 10.0217)
13.28.140 Owner responsible for pipes and fixtures.
All owners must at their own expense, keep their service pipe from the point of connection with the city water main, and all other apparatus, in good working order, and properly protected from frost and other damage. No claim shall be made against the city by reason of the breaking of any of the service pipes or apparatus, or for any other damage that may result from any shutting off or turning on of water, of for any variation in pressure. Water shall not be wasted or improperly used and no reduction will be made from rates because of leaking pipes or fixtures or for any other cause.
(Ord. 15-79: prior code 10.0213)
13.28.150 Notice to discontinue.
Owners or consumers desiring to discontinue the use of water shall give notice in writing thereof to the finance offices. The minimum charge for water rent as provided in Section 13.32.020 of this chapter shall in all cases apply until such notice is given and the water service discontinued, regardless of whether said premises are occupied and used or not. When notice to discontinue is given by an owner where there is a consumer receiving water on the consumer's account and the consumer's account is not delinquent, the city shall give thirty days written notice of intent to disconnect to the consumer prior to discontinuing service. If the consumer's account is delinquent, the city shall give five days written notice of intent to disconnect to the consumer prior to discontinuing service. Notice to discontinue given by a consumer shall require the superintendent to at once shut off the water at the curb cock. The water will be turned on again for the same consumer at the same location for no additional charge, provided the water was not turned off for nonpayment of bills or for violation of any of the rules and regulations of the city. If there is a different consumer at the location, written notice of request to commence services must be received from the consumer and the sum of twenty-five dollars must be paid before the water is turned on again by the superintendent. The charge is to cover the cost of shutting off and turning on.
(Ord. 9-98: Ord. 6-98: prior code § 10.0214)
13.28.160 More than one consumer from one service.
No consumer shall permit the owner or occupant of other premises to use water from his service, except by special permission from the superintendent.
(Prior code § 10.0216)
13.28.170 Use of water by other persons prohibited.
Two or more premises cannot be supplied from the same service pipe unless each premises has its own curb cock. Owners of buildings who lease or subdivide shall be responsible for all water used in said premises. If more than one meter is placed upon one service pipe, the piping must be so arranged that each meter can be set on separate pipelines, and shall be so placed that no one of them shall measure water which has passed through another meter.
(Prior code § 10.0215)
13.28.180 Licensed plumber required.
No person except a regularly licensed plumber of the city, his employee or a regular employee of the water department shall be permitted to do any work on any pipes or connections made with the mains of or in any way connected with the water supply of the city, and no plumber shall directly or indirectly allow any other person to do any work on said appliances under his license. All such plumbers shall be governed by all the rules and regulations of this title, and Chapter 15.08 of this code, regulating plumbing and plumbers.
(Prior code § 10.0224)
13.28.190 Breaking seals prohibited Exception.
No person shall break any seal upon any meter, valve, private fire hydrant or other fixtures that may be sealed by the direction of the superintendent; provided, that the seals on private fire hydrants and private fire protection valves may be broken in case of fire, and when so broken shall be reported to the superintendent within twenty-four hours.
(Prior code § 10.0225)
13.28.200 Inspection of pipes.
No water pipes laid underground shall be covered and the trenches filled until after the water has been turned into such pipes and the said pipes shall have been tested by the superintendent and found to be watertight and below frost line, except when otherwise specially permitted by the superintendent.
(Prior code § 10.0226)
13.28.210 Shut-off for repairs.
In case of leaks or other accidents to pipes, or other apparatus connected with the city waterworks, plumbers may shut off the water to make necessary repairs, but in all cases where it is necessary to repair or remove a water meter, notice must be given to the superintendent and no plumber or other person shall remove any meter from any premises or change the location of any meter in any premises without first receiving a permit therefor from the superintendent. In all cases, when plumbers make repairs to pipes or fixtures on any premises, they shall leave the water turned on or turned off as they found it to be when they entered upon the premises to make such repairs.
(Prior code § 10.0227)
13.28.220 Water required to be shut off following testing.
In no case shall any plumber after the completion and test of any plumbing job, if it be the first installation of service pipe, leave the water turned on but in all cases the stop cock at the curb shall be shut off.
(Prior code § 10.0228)
13.28.230 Fire hydrant Connection.
Any person desiring to lay large pipes for hydrant or hose couplings to be used only in case of fire, will be permitted to connect with the street main at their own expense upon application to the superintendent, and under his direction, and will be allowed to use the water for fire purposes only, free of charge; but all such pipes must be provided with a suitable valve, which must be sealed by the superintendent, and a stop and waste cock attached at the bottom on the inside of the building. In case the seal is broken for the extinguishment of fire, the party must immediately give notice to the superintendent, and in case the seal shall have been broken for any other use the party offending shall be subject to a fine of twenty-five dollars ($25.00).
(Prior code § 10.0235)
13.28.240 Fire hydrant Interfering with or damaging prohibited.
No person except the chief of the fire department, superintendent of waterworks, or superintendent of streets, shall open, take water from, or in any way interfere with, injure, break or deface any fire hydrant belonging to the water plant of the city.
(Prior code § 10.0223)
13.28.250 Drinking fountains.
Service pipes to all outdoor drinking fountains are to be provided with a stop cock or street valve which shall be under the exclusive control of the city.
(Prior code § 10.0236)
13.28.260 Water for building purposes.
Contractors, builders or others desiring water for building purposes, must make application to the superintendent therefor.
(Prior code § 10.0218)
Chapter 13.32 Sections:
13.32.010 Rates designated.
13.32.020 Water fees Collections.
13.32.030 Delinquent fees.
13.32.040 Liability of owner or lessee.
13.32.050 Billing date established.
13.32.060 Installation fee.
13.32.010 Rates designated.
A. The following rates are established for consumers taking water from the waterworks of the city effective February 1, 2009.
B. The rate shall be computed upon a monthly basis. Each consumer shall pay a minimum charge of five dollars and fifty cents per month, which shall include the first one thousand gallons of water used during each month.
C. Additional water used during each month shall be at the rate of five dollars and fifty cents per thousand gallons.
D. In addition to the minimum charge in subsection B of this section, a fee of six dollars per month will be billed for the purpose of covering the service payment to the WEB Water Association. The service payment will be billed to each active service each month. A service location with the water turned off at the curb stop and without a meter will not be billed to the WEB Water Association basic service payment.
E. In addition to the rates established in this section except for subsection D of this section, an additional fifty percent shall be added to the water charges of services outside the city limits.
(Ord. 8-08: Ord. 1-07: Ord. 2-05: Ord. 9-02; Ord. 12-01 (part): Ord. 1-97: Ord. 8-96: Ord. 5-96 (part); Ord. 5-90 (part): Ord. 3-90 (part): Ord. 29-85: Ord. 1-84; Ord. 5-82; Ord. 3-80: Ord. 3-78: Ord. 2-76; Ord. 1-74; Ord. 2-73; Ord. 3-72: prior code § 10.0230)
13.32.020 Water fees Collections.
Water fees shall be collected by the city finance officer who shall issue receipts therefore and shall keep a true and accurate account of all receipts and collections. Payments received shall be applied first to the last billed amount and the balance of the payment shall be applied to any delinquent bill.
(Ord. 12-01 (part): Ord. 5-96 (part): Ord. 5-90 (part): Ord. 3-90 (part): prior code § 10.0231)
13.32.030 Delinquent fees.
A. Effective January 1, 2010, water fees are due on the tenth day after the billing date and are delinquent on the eleventh day after such date. A second notice will be sent on the twentieth day after the billing date and an additional fee of ten dollars will be added to the bill at the time the second notice is mailed.
B. It shall be the duty of the city finance officer, on or before the thirtieth day after the billing date to notify persons whose water rent is delinquent, and the owner of the property occupied by such persons, that unless such delinquent water rent is paid within five days, the water service will be discontinued and payments received after the delinquent notice is mailed or served, shall be applied first to the last billed amount and the balance of the payment shall be applied to any delinquent bill.
C. The notice given by the city finance officer shall be in writing and sent by certified United States mail, with return receipt, or, the notice shall be personally served by the Spink County sheriff's department on said persons. In the event that the city finance officer gives notice as aforesaid, an additional service fee of twenty-five dollars shall be added to the bill. In the event that the delinquent water bill penalty and service charges are not paid within the time set forth in the notice, the city finance officer shall order that the water service be discontinued until all of the delinquent water fee, including the ten dollar penalty and the service fee of twenty-five dollars has been paid, together with an fee of twenty-five dollars for turning on the same.
D. In the event no payment is received within thirty days of the notice, the city finance officer is authorized to order that the meter be disconnected and removed from the premises and to apply the meter deposit or any part thereof, to any amount due to the city under the provisions of this section.
(Ord. 01-03; Ord. 12-01 (part): Ord. 5-96 (part); Ord. 2-94; Ord. 1-93: Ord. 5-90 (part): Ord. 3-90 (part): Ord. 9-72 (part): prior code § 10.0232)
(Ord. No. 10-2009, 10-5-2009)
13.32.040 Liability of owner or lessee.
The owner of private property, which property has upon it pipes connected with the city waterworks to convey water upon such property, shall, as well as the lessee or occupant of the premises, be liable to the city for the rents or rates of all water from the waterworks used upon the premises which may be recovered in an action against such owner, lessee or occupant or against any or all of them. "Private property owner" for the purpose of this section shall be defined as: (1) the owner of the real estate on which a structure is located; or (2) a trailer home owner located on leased real property.
(Ord. 12-01 (part): Ord. 6-97: Ord. 5-90 (part): Ord. 3-90 (part): prior code § 10.0233)
13.32.050 Billing date established.
The billing date for all water users shall be the first day of the month.
(Ord. 12-01 (part): Ord. 5-96 (part): Ord. 5-90 (part))
13.32.060 Installation fee.
In addition to the meter fee set forth in Section 13.28.070 there shall be a fee of twenty-five dollars for a meter installation when an active service has been in an inactive status for more than sixty days. This meter installation fee shall not apply to a new service added to the city water system.
(Ord. 12-01 (part): Ord. 5-96 (part))
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