CHAPTER 2
WATER AND SEWER DEPARTMENT
Sections:
4-2-101 Creation of Department.
4-2-102 Duties of Superintendent.
4-2-103 Water and Sewer Systems.
4-2-104 Application for Water and Sewer Service.
4-2-105 Rates and Fees.
4-2-106 Board of Equalization.
4-2-107 Billings and Discontinuance of Service.
4-2-108 Use After Service is Disconnected.
4-2-109 Access to Premises.
4-2-110 Plumbing Permits.
4-2-111 Water and Sewer Connections.
4-2-112 Water Meters.
4-2-113 Cross Connection Control.
4-2-114 Service Lateral.
4-2-115 Multiple Connections.
4-2-116 Use of Water Only on Connected Premises.
4-2-117 Tampering with Meter or Meter Box.
4-2-118 Wasting Water.
4-2-119 Temporary Discontinuance of Service.
4-2-120 Maintenance of Water Mains and Service Connections.
4-2-121 Fire Hydrants.
4-2-122 Scarcity of Water.
4-2-123 Penalty.
4-2-101 Creation of Department.
There is hereby created a Water and Sewer Department which shall consist of a Superintendent and such other employees as shall be provided for by the City Council.
(1968 Code 1-21-1; 1979 Code 4-2-1)
4-2-102 Duties of Superintendent.
The Superintendent of the Water and Sewer Department shall be responsible for the proper care and the efficient operation of the water works and sewer collection system. He shall have charge of the city reservoirs, water tanks, water mains, sewer lines, fire hydrants, and all equipment and appurtenances of the water works and sewer collection system, except that responsibility for operation and maintenance of sewage lift stations shall be the responsibility of the Wastewater Treatment Department. He shall direct the laying of the water and sewer mains, the installation of all service lines and the regulation of the supply of water. He shall inspect all plumbing installations, or provide for such inspection by other City personnel under Title 10 of this Code, and may condemn and order removed any plumbing installation or fixture which violates any provision of state law or City ordinance.
(1968 Code 1-21-2; amended in codification 1979; 1979 Code 4-2-2; amended by Ordinance No. 14-85)
4-2-103 Water and Sewer Systems.
The water system constructed or otherwise acquired by the City to supply the City with culinary water, and the sewer system constructed or otherwise acquired by the City to provide the City with a sanitary municipal sewage disposal system, are both the property of the City and shall be under the sole and exclusive control and jurisdiction of the City. The Superintendent may, and at the direction of the City Council shall, from time to time direct the making of needed additions, improvements, alterations, and repairs to said systems. The City Council may also from time to time make such rules and regulations as it deems necessary for the operation and control of said systems.
(1968 Code 4-5-1; amended in codification 1979; 1979 Code 4-2-3)
4-2-104 Application for Water and Sewer Service.
(1) Any person desiring or who is required to secure water or sewer service or both from the Water and Sewer Department, when such service is available, shall apply therefor to the City Recorder and file an agreement with the City Recorder which shall be in substantially the following form, with the appropriate provisions thereof stricken therefrom if the application is for one service only: The undersigned hereby applies to the City of Springville for water and sewer service at (address) and agrees to be governed by the rules, regulations, and ordinances applicable to the City water and sewer system. The undersigned further agrees to pay promptly when due the rate fixed by the City for the use of such water and sewer service, and in the event of failure to pay for either the water service or sewer service, agrees that the water service may be discontinued by the City.
(2) In case such application shall be made by a tenant of the owner of the premises to which the water or sewer service is to be furnished, the application shall contain an agreement signed by the owner or his duly authorized agent to the effect that in consideration of granting such application the owner will pay for all service furnished to the premises in case the tenant or occupant shall fail to pay for the same.
(Statutory Authority UCA 10-7-10; 1968 Code 4-5-2; 1979 Code 4-2-4; amended by Ordinance No. 9-88)
4-2-105 Rates and Fees.
The City Council shall, from time to time by resolution, establish such rates and fees as it deems proper for the water and sewer service provided by the City and the uses made thereof connected. It shall be unlawful for any person, after the water has been turned off from his premises on account of non-payment of service fees or other violation of the rules, regulations, or ordinances pertaining to the water or sewer systems, to turn on or allow the water to be turned on or used, without authorization from the City Treasurer and the Superintendent of the Water and Sewer Department.
(1968 Code 4-5-6; amended in codification; 1979 Code 4-2-5)
4-2-106 Board of Equalization.
The City Council is hereby constituted a Board of Equalization of water and sewer rates and fees, to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. The City Council may, if it sees fit, rebate all or any part of the water and sewer bill of any indigent person.
(1968 Code 4-5-4; 1979 Code 4-2-6)
4-2-107 Billings and Discontinuance of Service.
The City Auditor shall mail a written statement to each user of the water or sewer service once each month. Said statement shall separately specify the amount of the bill for the water and sewer service used and the place of payment and date due. If any person fails to pay his water or sewer charges within twenty (20) days of the due date, the City Treasurer shall so notify the Water and Sewer Department and shall have authority to direct said department to shut off all water services to the premises involved. Before said water service to said premises shall again be provided, all delinquent water and sewer charges must have been paid to the City Treasurer together with such reconnection fee or special expense charge as the City Council may by resolution from time to time authorize the City Treasurer to collect. In addition to the foregoing, the City Treasurer is hereby authorized and empowered to request the City Attorney to enforce the payment of all delinquent water and sewer service charges by an action at law in the name of the City.
(Statutory Authority UCA 10-7-11; 1968 Code 4-5-5; amended in codification 1979; 1979 Code 4-2-7; amended in codification, amended by Ordinance No. 23-98.)
4-2-108 Use After Service is Disconnected.
It shall be unlawful for any person, after the water has been turned off from his premises on account of non-payment of service fees or other violation of the rules, regulations or ordinances pertaining to the water or sewer systems, to turn on or allow the water to be turned on or used without authorization from the City Treasurer and the Superintendent of the Water and Sewer Department.
(1968 Code 4-5-6; amended in codification 1979; 1979 Code 4-2-8)
4-2-109 Access to Premises.
Free access shall at all reasonable times be allowed to the Superintendent of the Water and Sewer Department or other authorized person to all places supplied with service from the water or sewer system to examine the apparatus, the amount of water used, the manner of use of either service, and to perform such duties as they may have under this Chapter.
(Statutory Authority UCA 10-7-13; 1968 Code 4-5-7; 1979 Code 4-2-9)
4-2-110 Plumbing Permits.
It shall be unlawful for any person to make any extension of any pipe or connect any fixture to the water or sewer system for any purpose whatever without first obtaining a permit under Title 10 of this Code, or if none is required under that Title, a plumbing permit therefor from the Water and Sewer Department and paying the permit fee which may be provided. All persons must, within twenty four (24) hours after the completion of any plumbing work connected to the water or sewer system, report the same to the Water and Sewer Department. All plumbing shall be done in compliance with the provisions of Title 10. No connection shall be made or permitted until the plumbing work has been inspected and approved by the Water and Sewer Department or other authorized City inspector.
(1968 Code 4-5-8; amended in codification; 1979 Code 4-2-10)
4-2-111 Water and Sewer Connections.
(1) Upon payment of the fee for a sewer or water connection in such amount as may be established from time to time by resolution of the City Council, it shall be the responsibility of the Water and Sewer Department to make such connection or connections, but only on condition that all applicable City ordinances and rules and regulations have been complied with. Provided, however, the responsibility for providing labor and materials for water and sewer connections shall be governed by such policies and regulations as may be promulgated from time to time by the Water and Sewer Department, and such policies and regulations may require the person for whom the connection is being made to make such connections under such supervision and standards as the Department may require or to furnish all or a portion of the labor and materials necessary to make the connections. Any extension of a sewer or water main shall be governed by Chapter 8 of Title 11, and the City Council may impose such conditions on the granting of such an extension as it deems fit under that Chapter. Provided further, however, nothing in this paragraph shall be construed so as to excuse a subdivider from the duty imposed by Chapter 5 of Title 11 to install water and sewer mains within or to service subdivisions.
(2) It shall be unlawful for any person to connect any drain or sewer pipe with the public sewer or any water line with the public water main unless such person has received a permit to do so and unless such connection is inspected and approved by the Superintendent of the Water and Sewer Department or other authorized City inspector.
(1968 Code 4-5-9; amended in codification 1979; 1979 Code 4-2-11; amended by Ordinance No. 25-80)
4-2-112 Water Meters.
(1) All structures, dwellings, units and establishments using water from the City water system must have a water meter or meters connected to their water system as necessary to adequately measure the water used by the respective water users.
(2) Subject to the requirements of Subsection (1):
(a) All structures containing two (2) dwelling units shall have a separate meter for each dwelling unit.
(b) All structures containing more than two (2) dwelling units shall have such number of meters as the owner thereof shall determine.
(3) Meters shall be installed in easily accessible locations selected by the Superintendent of the Water and Sewer Department. Meters will be furnished by the City at the expense of the property holder, at rates established from time to time by resolution of the City Council. Meter readings shall be taken at regular intervals as determined by the Superintendent of the Department and shall be submitted to the City Treasurer for the purpose of making necessary billings for water service.
(1979 Code 4-2-12; amended by Ord. Nos. 35-92 and 20-93)
4-2-113 Cross Connection Control.
(1) The purpose of this Section is to:
(a) protect the culinary water supply of the City from possible contamination or pollution by requiring compliance with state and local plumbing codes, health regulations, occupational safety and health acts, and other applicable industry standards for water system safety within the internal distribution system and private water system of each water user;
(b) promote reasonable elimination or control of cross connections in the plumbing fixtures and industrial piping systems of water users, as required by state and local plumbing codes, health regulations, occupational safety and health acts, and other applicable industry standards to assure water system safety;
(c) provide for administration of a continuing back flow prevention program to prevent the contamination or pollution of all culinary water systems.
(2) The Superintendent of the Water and Sewer Department shall be responsible for the protection of the culinary water system from foreseeable conditions leading to possible contamination or pollution of the water system due to back flow of contaminants or pollutants into the water system. In carrying out that responsibility, the Superintendent shall cause culinary water system surveys and inspections of water users’ distribution systems to be conducted by individuals deemed qualified by the Superintendent and representing the City Water and Sewer Department. Records of such surveys and inspections shall indicate compliance with the health and safety standards listed in Subsection (1) above. All such records shall be maintained by the Water and Sewer Department. The Superintendent shall notify all water users in writing of the need for the periodic system survey to insure compliance with existing applicable health and safety standards. Based upon the result of such surveys and inspections, the Superintendent shall select and approve a back flow prevention assembly for the service connection of any water user as deemed appropriate by the Superintendent.
(3) It shall be the responsibility of a water user to purchase, install, test, and maintain any back flow prevention assembly required to comply with this Section.
(4) The responsibility of the building inspector charged with enforcement of the plumbing code adopted by Title 10 of this Code shall begin at the downstream side of each water meter and continue through the length of each water user’s system. The building inspector will review all plans to ensure that unprotected cross connections are not a part of the water user’s system. If a cross connection cannot be eliminated, it shall be protected by installation of an air gap or an approved back flow prevention assembly in accordance with the plumbing code. The water user’s system shall be installed so that water vacating the culinary water system must do so through an approved air gap or approved mechanical back flow prevention assembly properly installed in accordance with the plumbing code. All surveys, tests, repairs, or maintenance of back flow prevention assemblies, whether done by a water user or by the Water and Sewer Department, shall be performed by a certified technician. The technician shall have the following responsibilities:
(a) to ensure that acceptable testing equipment and procedures are used for testing, repairing or overhauling back flow prevention assemblies.
(b) to make reports of such testing and repair to the water user, Water and Sewer Department, and the state on forms approved for such use by the state and within the time limits prescribed by the state. The report shall include the list of materials or replacement parts used.
(c) to ensure replacement parts are equal in quality to parts originally supplied by the manufacturer of a back flow prevention assembly being repaired.
(d) to not change the design, material, or operational characteristics of a back flow prevention assembly during testing, repair or maintenance.
(e) to ensure that testing equipment being used is acceptable to the state and is in proper operating condition.
(f) to be equipped with, and be competent to use, all necessary tools, gauges, and other equipment necessary to properly test and maintain back flow prevention assemblies.
(g) to attach to each back flow prevention assembly tested, a tag showing the serial number, date tested, name of technician, and technician’s license number.
(5) No water service connection to any premises from the city culinary water system shall be made or maintained except in compliance with this Section and all other applicable state laws, regulations, and codes. If the Superintendent of the Water and Sewer Department finds that a back flow prevention assembly required by this Section is not installed, tested, or maintained; or that a back flow prevention assembly has been removed or by-passed; or an unprotected cross connection exists on the premises; or the periodic system survey of a water user’s water system has not been conducted, he shall give written notice of such violation to the water user. If the violation is not corrected within ten (10) days after the date of such written notice, service of water to that water user shall be disconnected and shall not be restored until the violation is corrected. A water user’s system shall be open for inspection at all reasonable times to the Superintendent of the Water and Sewer Department or his authorized agent to determine whether cross connections or other structural or sanitary hazards, including violations of this Section exist, and to audit the results of the required survey. If the Superintendent deems a service connection to be a significant hazard to the culinary water supply of the city, an approved back flow prevention assembly shall be installed on the service line of that water user’s system, at or near the property line, or immediately inside the building being served, but, in all events, upstream of the first branch line leading off the service line. The Superintendent shall have the authority to specify the type of back flow prevention assembly required. All such assemblies shall be approved back flow assemblies. Provided, however, all back flow prevention assemblies which are installed prior to the effective date of this Section which do not meet the requirements of this Section, but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements of this Section, be excluded from the requirements of this Subsection (5) so long as the Superintendent is assured that they will satisfactorily protect the City culinary water system. If an existing back flow prevention assembly is moved from its present location or requires more than minimum maintenance, or if the Superintendent finds that the operation or maintenance constitutes a hazard to health, it shall be replaced by an approved back flow prevention assembly.
(6) The water user at any premises where a back flow prevention assembly is installed shall have surveys and inspections and operational tests made by certified technicians at least once per year at the water user’s expense. If the Superintendent deems it necessary to protect the public health, he may require such surveys, inspections, and tests at a more frequent interval. The Superintendent shall see that all such tests are made according to standards set forth by the state. Each back flow prevention assembly shall be tested within ten (10) working days of the initial installation. No back flow prevention assembly shall be installed so as to create a safety hazard.
(7) The following definitions shall apply to this Section:
(a) “Approved back flow prevention assembly” shall mean a back flow prevention assembly accepted by the state as meeting an applicable specification or as suitable for the proposed use.
(b) “Back flow” shall mean the reversal of the normal flow of water caused by either back pressure or back siphonage.
(c) “Back pressure” shall mean the flow of water or other liquids, mixtures, or substances under pressure into the feeding distribution pipes of the culinary water supply system from any source other than the intended source.
(d) “Back siphonage” shall mean the flow of water, or other liquids, mixtures, or substances into the distribution pipes of the culinary water supply system from any source other than the intended source, caused by reduction of pressure in the culinary water supply system.
(e) “Back flow prevention assembly” shall mean a device or means designed to prevent back flow. Specifications for back flow prevention assemblies shall be those contained within the Utah Plumbing Code and the Cross Connection Control Program for Utah which has been adopted by the state.
(f) “Contamination” shall mean a degradation of the quality of the culinary water supply by sewage, industrial fluids or waste liquids, compounds or other materials.
(g) “Cross connection” shall mean any physical connection or arrangement of piping or fixtures which may allow non-potable water or industrial fluid or other material of non-potable quality to come in contact with potable water inside a distribution system. This shall include any temporary connections such as swing connections, removable connections, four-way plug valves, spools, dummy Sections of pipe, swivel or change over devices or sliding multiport tubes or other plumbing arrangements.
(h) “State” shall mean the Utah Department of Health, Bureau of Drinking Water/Sanitation, except as otherwise indicated by the context.
(1979 Code 4-2-13; repealed by Ordinance No. 14-85; adopted by Ordinance No. 16-90)
4-2-114 Service Lateral.
A separate and independent service lateral shall be provided for every building, for both water and sewer service, except in cases of undue hardship where the City Council deems it necessary to make an exception.
(1968 Code 4-5-12; 1979 Code 4-2-14)
4-2-115 Multiple Connections.
Where two (2) or more families or premises are supplied with water from the same service pipe, the failure on the part of either of said parties to comply with this Chapter, or Chapter 2A of this Title, shall be grounds for the City to withhold the supply of water through said service pipe until a separate service pipe is installed for each user of the water under a separate application.
(1968 Code 4-5-13; 1979 Code 4-2-15; amended by Ordinance No. 14-85)
4-2-116 Use of Water Only on Connected Premises.
It shall be unlawful for any water user to permit any person from other premises, or unauthorized persons, to use or obtain water regularly from his premises or water fixtures either outside or inside his building.
(1968 Code 4-5-14; 1979 Code 4-2-16)
4-2-117 Tampering with Meter or Meter Box.
(1) It shall be unlawful for any person to tamper with, modify, or deface in any manner a water meter or meter box.
(2) Modifications or connections to piping inside the meter box are prohibited. Sprinkler system connections inside the meter box or at any point on the service line between the meter and the distribution main are prohibited. Any such connections shall be removed at the expense of the owner of the property for which water service is provided.
(1979 Code 4-2-17; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92)
4-2-118 Wasting Water.
It shall be unlawful for any water user to waste water or to allow it to be wasted by imperfect stops, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow, or to wastefully run water from hydrants, faucets or stops or through basins or water closets, urinals, sinks or other apparatus, or to use the water for purposes other than those for which he has paid or to use water in violation of the rules and regulations for controlling the water supply and other provisions of this title.
(1979 Code 4-2-18; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92)
4-2-119 Temporary Discontinuance of Service.
The City may at any time, without notice, shut off water from its mains for purpose of making repairs or extensions or for other purposes, and no claim shall be made against the City, by reason of any water main breakage whatsoever, or for any damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants, or other connections, or for any other reason whatsoever.
(1979 Code 4-2-19; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92)
4-2-120 Maintenance of Water Mains and Service Connections.
The obligations of the City and users of the culinary water system with respect to maintenance of water mains and service connections therefrom shall be as follows:
(1) All water mains and the service connections therefrom, including all piping inside the meter box, which are located on public property shall be maintained by the City, except that the City will not maintain a service connection at any point between the meter box and the facility it serves. All such service connections shall be kept in good repair and free from leaks by the owner of the property for which water service is provided. Said service connection shall be maintained in such a condition as to be able to withstand normal maintenance to the meter, yoke, and service connection between the meter and the City’s water main.
(2) Water mains and service connections therefrom which are located on private property shall be maintained by the owner thereof and not by the City; provided, however, that water mains which are on private property but which are part of the City water distribution system shall be maintained by the City; Repairs to lines which are to be maintained by the private property owner shall be at the expense of the owner and shall be performed by the owner when reasonably requested by the City. Water service to or through mains or service connections on private property may be discontinued if the owner of said lines fails or refuses to repair the same when reasonably requested by the City.
(3) The City shall maintain all water meters, including those on private property. The Superintendent of the Water and Sewer Department and other authorized persons shall have the right to enter private property for that purpose.
(1979 Code 4-2-20; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92)
4-2-121 Fire Hydrants.
All public fire hydrants shall be under the control of and shall be kept in repair by the Water and Sewer Department, and in case of fire, the Fire Department shall have free access to said hydrants. No other person shall open or operate any fire hydrant, or attempt to draw water therefrom without special permission of the Superintendent of the Water and Sewer Department, or obstruct the approach thereto.
(1968 Code 4-5-19; amended in codification 1979; 1979 Code 4-2-21)
4-2-122 Scarcity of Water.
In time of scarcity of water, whenever it shall in the judgment of the Mayor and City Council be necessary, the Mayor shall by proclamation limit the use of water for other than domestic purposes to such extent as may be necessary for the public good. It shall be unlawful for any person by himself, family, servants or agents to violate any proclamation made by the Mayor in pursuance of this Section.
(Statutory Authority UCA 10-7-12; 1968 Code 4-5-20; 1979 Code 4-2-22)
4-2-123 Penalty.
(1) Any water or sewer service user violating any of the rules, regulations or ordinances controlling the water and sewer systems, shall forfeit all payments made and the right to the use of said services, and service to the premises of such user shall be discontinued.
(2) In addition to the foregoing penalty, any person who shall violate any of the provisions of this Chapter shall be guilty of misdemeanor and upon conviction thereof shall be liable to punishment by a fine in any amount not to exceed $299, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment.
(1968 Code 4-5-21; 1979 Code 4-2-23)