Chapter 52 Water

Water service shall be furnished only to city users upon filing of an application and water users agreement with the City Secretary upon a form to be supplied by the city.

(Ord. 1984-10, passed 11-26-84)

52.02 RESPONSIBILITY FOR OWNERSHIP, INSTALLATION AND MAINTENANCE.

The city own and maintain the complete water system and water mains. The customer shall furnish, install and maintain a meter and appurtenances. The shutoff valve will be furnished by the city and installed by the customer. The meter and meter box shall be subject to approval by the Public Works Director. The shutoff valve shall be installed on the user’s property line or such other point determined by a duly authorized representative of the city. The meter may be located near the shutoff valve or within the users premises as determined by the city representative. The meter and shutoff valve must be located at a point where it is readily accessible.

(Ord. 1984-10, passed 11-26-84; Am. Ord. 1987-1, passed 3-9-87)

52.03 RIGHT OF CITY TO USERS FACILITIES; REFUSAL OF SERVICE.

(A) The city shall reserve the right to use the water from the users facilities at any time deemed necessary. No charge shall be made by the user for the use of his facilities and no charge shall be made by the city for the water used by the city.

(B) The city may at any time refuse additional service(s) to any applicant if in the judgement of the City Council the capacity of the system will not permit such use.

(Ord. 1984-10, passed 11-26-84)

52.04 INSTALLATION AND MAINTENANCE OF SERVICE LINES.

(A) The user shall be responsible for installation and maintenance of service lines between the city water main and the residence or business. Such service lines must be at least three-quarter inch in diameter, and must be installed at a minimum depth of three and one-half feet. Service lines must have a minimum working pressure rating of 200 psi and must be constructed of copper tube size plastic (CTS) or copper (Type K). Service lines constructed of plastic shall be required to be installed with a tracer line sufficient to enable the City of Lewistown to determine the location of said line.

(B) Service lines must not be covered until they are inspected and approved by a duly authorized city representative. The user shall not connect any service line to any other water source. The service line must meet any requirements of the state and the Environmental Protection Agency.

(C) Water breaks. Whenever a water break occurs between the city-owned water main and the user’s water meter, the Public Works Director of the City of Lewistown or other duly authorized agent shall:

(1) Determine whether said water break and the repair for same is the responsibility of the City of Lewistown or of the user by any appropriate method as determined exclusively by the Public Works Director or duly authorized agent; and

(2) Immediately, upon determining the location of the break, provide notice to the user that repairs must be completed within three days if it is determined that the repairs are the user’s responsibility.

In the event that the user fails to complete such necessary repairs to resolve the water break within three days, the user’s water supply will be shut off. If a water break occurs before the shutoff valve, or no shutoff valve has been installed between the city-owned water main and the user’s water meter, the City of Lewistown, at its discretion, may elect to install a shutoff valve or hire a contractor to install a shutoff valve at the cost of the user.

(Ord. 1984-10, passed 11-26-84; Am. Ord. 1987-1, passed 3-9-87; Am. Ord. 2011-8, passed 9-13-11; Am. Ord. 2016-10, passed 9-13-16)

52.05 LOCATION OF METERS; EASEMENTS.

(A) The user shall permit the meter to be located upon his property.

(B) The user shall give such easements and rights-of-way as necessary to the city and allow access for the purposes of construction, repair, maintenance, meter reading, relocation or expansion of the water system. The necessity shall be determined by the City Council.

(Ord. 1984-10, passed 11-26-84)

52.06 TAMPERING OR DAMAGING WATER SYSTEM.

(A) No user shall tamper, adjust, damage, or in any manner interfere with the components or operation of the water system owned by the city. The shutoff valve shall be opened only by a duly authorized representative of the city.

(B) Users shall report any known evidence of tampering, adjusting, damaging, or interference with operation of the system, owned by the city, to the Mayor. Any malicious act or damage to the system that is not appropriately punishable by the foregoing shall be prosecuted through a court of law.

(Ord. 1984-10, passed 11-26-84) Penalty, see § 51.99

52.07 UNLAWFUL USE OF WATER.

Water purchased from the city may be used for ordinary domestic, industrial or farm use upon the premises of the user provided:

(A) No user shall resell or permit the resale of water purchased from the city.

(B) Each dwelling, apartment, business, and livestock tap is a separate unit. The user must make application for service for each unit, and each unit shall have a separate cut-off valve, meter and service line, and user shall pay the minimum monthly rate and other rates and fees herein established for each unit.

(Ord. 1984-10, passed 11-26-84) Penalty, see § 51.99

52.08 EXTENSION OF MAINS.

(A) Determination of who pays expense of extension. The City Council shall first determine if an extension of water main is economically feasible based on the estimated cost of the extension and the number of existing potential users that will use water along the extension. If the extension is economically feasible that the city may install and pay the cost of the extension at the discretion of the City Council. If the city elects not to pay the cost of extending the water main then the person or persons desiring water service shall install the extension at their own personal expense upon written consent by the City Council. The city shall not pay for any extensions to an undeveloped area such as a subdivision being developed unless there are sufficient existing residents or businesses to make the extension economically feasible.

(B) Requirements if extension is installed by someone other than the city.

(1) The city must approve all plans and specifications for any extensions.

(2) Before any extensions are installed, the plans and specifications must be reviewed and approved by the State Environmental Protection Agency.

(3) Ownership, rights-of-way, and title must be conveyed to the city for all extensions installed by anyone other than the city. The city will maintain the mains thereafter.

(4) No extension will be permitted if in the opinion of the City Council, the system does not have the necessary capacity to serve the proposed extension. (Ord. 1984-10, passed 11-26-84)

Penalty, see § 51.99

52.09 CHANGE IN OCCUPANCY.

(A) Notice to city. Any user requesting a termination of service shall give written notice to the city ten days prior to the time such termination of service is desired. The meter shall be read by the city and the user will be billed.

(B) Responsibility for payment of services already consumed. Responsibility for payment for water consumed prior to the date of termination shall be with the property owners as well as the user.

(Ord. 1984-10, passed 11-26-84) Penalty, see § 51.99

52.10 LIABILITY.

All water service supplied by the city shall be upon the express condition that the city shall not be liable nor shall any claim be made against it for damages or injury caused by reason of shutting off of water for repair, relocation, or expansion of any part of the system, or failure of any part of the system for concentration of water for such purposes as fire-fighting or restricted use of water.

(Ord. 1984-10, passed 11-26-84)

52.11 USE OF GROUNDWATER AS A POTABLE WATER SUPPLY PROHIBITED.

(A) Prohibition. Except for such uses or methods in existence before the effective date of this section, the use or attempt to use as a potable water supply groundwater from within the corporate limits of the City of Lewistown by the installation or drilling of wells or by any other method is hereby prohibited.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PERSON. Any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns.

POTABLE WATER. Any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.

(Ord. 2005-2, passed 2-22-05) Penalty, see § 52.99

52.12 APPLICATION FOR WATER SERVICE BY NONRESIDENTIAL APPLICANTS.

(A) Pursuant to § 52.03, the City Council shall, upon application for water service by a nonresidential applicant, require such documentation and information to be produced which is necessary to adequately determine the demand placed upon the water system by said applicant, including blueprints, engineering and design plans, information on use of water, and such other and further information which is necessary to make such a determination. Upon receipt of same, the City Council shall review or cause to be reviewed all information provided to it and, in its discretion, request studies be conducted to determine whether or not the water system can permit the applicant’s use.

(B) Any information required by the City Council in division (A) of this section shall be updated by the applicant with the City Council prior to making any material modifications to the applicant’s water use or application for larger or additional service. Material modifications include any modification to the water use which would cause use by the applicant at a consistently higher volume than that which was previously approved by the City Council. Failure to update the information with City Council prior to making a material modification in the applicant’s water use shall result in the city terminating the applicant’s water service.

(C) Pursuant to § 52.03, any nonresidential applicant failing to provide the information required in divisions (A) and (B) of this section upon application for water service, material modification to its existing use or upon application for larger or additional service shall be denied water service on this basis. If, after the City Council has taken the necessary steps to ensure the existing water system would permit the applicant’s use, the City Council determines that the applicant’s use would not be permitted by the water system, the application shall be denied.

(Res. 2016-2, passed 2-23-16)

RATES AND CHARGES; BILLING

52.20 WATER RATES.

(A) The rates as shown in the rate schedule in division (B) of this section shall be paid by each customer, who has signed a user’s contract, beginning at the time the city makes the service available to the customer.

(B) The following shall be the rates for water supplied by the city. The monthly bill will be computed based on the following schedule which shall change annually as set forth for each class:

(1) Class B. Water service within the corporate limits of the city:

	2017	2018	2019	2020	2021
Up to 1,500 gallons monthly	$21.50	$22.00	$22.50	$23.00	$23.50
Above 1,500 gallons monthly*	$3.22	$3.42	$3.62	$3.82	$4.02
Above 30,000 gallons monthly*	$4.72	$5.22	$5.72	$6.22	$6.72
*per 1,000 gallons or any part thereof

(2) Class 2B. Water service outside the corporate limits of the city:

	2017	2018	2019	2020	2021
Up to 1,500 gallons monthly	$26.35	$27.10	$27.85	$28.60	$29.35
Above 1,500 gallons monthly*	$3.22	$3.42	$3.62	$3.82	$4.02
Above 30,000 gallons monthly*	$4.72	$5.22	$5.72	$6.22	$6.72
*per 1,000 gallons or any part thereof

(C) The adequacy of the water service charge shall be reviewed, not less often than annually, by Certified Public Accountants for the city in their annual audit report. The water service charge shall be revised periodically to reflect a change in local capital costs or O, M & R costs.

(D) Revenues. All revenues and moneys derived from the operation of the water system shall be deposited in the water account of the water fund. All such revenues and moneys shall be held by the City Treasurer separate and apart from his private funds and separate and apart from all other funds of the City Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the Mayor and Council. The City Treasurer shall receive all such revenues from the water system and all other funds and moneys incident to the operation of such system as the same may be delivered to him and deposit the same in the account of the fund designated as the “Water Fund of the City.” Said Treasurer shall administer such fund in every respect in the manner provided by statute of the “Revised Cities and Villages Act,” effective January, 1942.

(E) Access to records. The IEPA or its authorized representative shall have access to any books, documents, papers and records of the city which are applicable to the city system of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any State Grant and/or the terms of the Loan Agreement and Rules or any State Loan.

(Ord. 1984-10, passed 11-26-84; Am. Ord. 1989, passed 8-21-89; Am. Ord. 1995-1, passed 2-21-95; Am. Ord. 1998-1, passed - -98; Am. Ord. 1998-6, passed - -98; Am. Ord. 2000-2, passed 5-23-00; Am. Ord. 2001-2, passed 4-10-01; Am. Ord. 2002-1, passed 1-22-02; Am. Ord. 2003-3, passed 2-25-03; Am. Ord. 2003-8, passed 6-24-03; Am. Ord. 2008-1, passed 4-8-08; Am. Ord. 2015-2, passed 4-28-15; Am. Ord. 2017-15, passed 9-26-17)

52.21 TAP-ON FEES.

(A) For each water line, the property owner shall pay a tap-on fee of $100, plus the actual cost of materials and labor relating to the installation of such tap.

(B) Each user shall complete and sign an application and water user’s agreement prior to the start of the initial construction of the system.

(C) In addition to the above charges, a $100 deposit shall be made by the user to guarantee payment of water bills. The deposit shall be returned to the user without interest upon termination of water service and all accounts of the user being paid. This division (C) applies to non-owner users only. Any user not holding title to the subject real estate in fee simple absolute shall be considered a non-owner for purposes of this section.

(D) Any fee due under this section shall be paid within 30 days of commencement of service to each property. In the event that the property owner fails to pay such fee within the above-referenced time frame, the Lewistown Water Department shall discontinue service to the subject property until such time as the fee is paid.

(Ord. 1984-10, passed 11-26-84; Am. Ord. 1999-16, passed 10-26-99; Am. Ord. 2004-2, passed 1-27-04; Am. Ord. 2007-7, passed 7-10-07)

52.22 BILLING PROCEDURES.

(A) Date due. The meters will be read by the city on or about the first day of every month. If weather conditions or circumstances prevent the reading of meters then each water bill be estimated by the city. All water bills will be mailed by the tenth day of every month. All water bills are due and payable 15 days after being sent out. A penalty of 10% shall be added to all bills not paid by 2:00 p.m. on the fifteenth day thereafter. Water service to individuals with delinquent accounts shall be shut off ten days after the due date. When the city discontinues service for nonpayment of the bills a turn-on charge of $20 shall be assessed for the first time water is shut off for nonpayment and $50 shall be assessed for each time thereafter. Bills will be paid to the Treasurer of the city or his designated representative.

(B) Disconnection for late payment.

(1) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

(a) That all bills are due and payable on or before the date set forth on the bill; and

(b) No notice of delinquency beyond the information provided to customers upon their monthly statements shall be mailed to customers. Discontinuation of service shall occur as set forth elsewhere in this Code of Ordinances; and

(c) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.

(2) Any residential customer who has received a bill for usage of sewer service, which is equal to at least three times the usage of that customer’s average usage over the previous 12 months as determined by the Water Clerk, shall be permitted to fill out an application for deferred payment. Said application shall be in the form prescribed by the Corporate Authorities of the City of Lewistown and shall be available in the office of the Water Clerk at City Hall. Applicants requesting deferred payments shall be bound by the terms of the application, clearly set forth thereon.

Any requests for delays or waiver of payment other than those set forth in the preceding paragraph will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or the request for a hearing as set forth in division (B)(1)(c) of this section, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(3) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20.

(Ord. 1984-10, passed 11-26-84; Am. Ord. 2003-3, passed 2-25-03; Am. Ord. 2008-3, passed 4-8-08; Am. Ord. 2019-14, passed 11-12-19)

CROSS-CONNECTIONS

52.30 SCOPE OF SUBCHAPTER.

(A) Compliance. All plumbing installed within city shall be installed in accordance with the State Plumbing Code, 77 Ill. Adm. Code 890. If in accordance with the State Plumbing Code or in the judgment of the Public Works Director, an approved backflow prevention device is necessary for the safety of the public water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the State Plumbing Code, State Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the State Plumbing Code, State Environmental Protection Agency and local regulations.

(B) Approval required. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the city may enter the supply or distribution system of the municipality, unless such private, auxiliary or emergency water supply and the method of connection water supply and the method of connection and use of such supply shall have been approved by the Public Works Director and the State Environmental Protection Agency.

(1) It shall be the duty of the Public Works Director to cause surveys and investigations to be made of commercial industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated that least every two years, or as often as the Public Works Director shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years.

(2) The approved Cross-Connection Control Device Inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of city for the purpose of verifying the presence or absence of cross-connection to the public water supply or distribution system of city for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand the owner, lessees or occupants of deny property so served shall furnish to the Public Works Director any information which he may request regarding the piping system or systems or water use on such property. The refusal of much information, when demanded, shall, within the discretion of the Public Works Director, be deemed evidence of the presence of improper connections as provided in this subchapter.

(3) The Public Works Director is hereby authorized and directed to discontinued after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this subchapter is known to exist, and to take such other precaution measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this subchapter, and until a reconnection fee of $50 is paid to the city. Immediate disconnection with verbal notice can be effected when the Public Works Director is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection without notice to any party can be effected to prevent actual or anticipated contamination pollution of the public water supply, provided that, in the reasonable opinion of the Public Works Director or the State Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Public Water Supply, the Public Works Director or its agents or assigns shall be liable to any customer for any injury, damages or lost revenues which may result from termination of the customer’s water supply in accordance with the terms of this subchapter, whether or not the termination was with or without notice.

(4) Consumer responsibility. That the consumer responsible for back-siphoned or back pressured material or contamination through back-flows if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintaining or repaired device, or a device which has been bypassed must bear the cost of the clean-up of the potable water supply system.

(Ord. 1991-7, passed 9-16-91)

52.31 PURPOSE; APPLICATION OF RULES AND REGULATIONS.

(A) The purpose of these rules and regulations is:

(1) To protect the public water supply system from contamination or pollution by isolation within the customer’s water system contaminants or pollutants which could back flow through the service connection into the public water supply system.

(2) To promote the elimination or control of existing cross-connections actual or potential, between the public’s or consumer’s potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable safety.

(3) To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer’s potable water systems.

(B) These rules and regulations shall apply to all premises served by the public potable water supply system of the city.

(Ord. 1991-7, passed 9-16-91)

52.32 POLICY.

The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customer’s water service connection. If, in the judgement of the Public Works Director or his authorized representatives an approved backflow prevention device is necessary for the safety of the public water supply systems, the Public Works Director shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises. The consumer shall immediately install such approved device or devices at his own expense; failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such devise or devises have been installed. The consumer shall retain records of installation, maintenance, testing and repair as required in § 51.36(D)(4) of this chapter for a period of at least five years. The Public Works Director may require the consumer to submit a cross-connection inspection report to the city to assist in determining whether or not service line protection will be required. All cross-connection inspections shell report to the city to assist in determining whether or not service line protection will be required. All cross-connection inspection shall be conducted by a Cross-Connection Control Device Inspector certified by the State Environmental Protection Agency.

(Ord. 1991-7, passed 9-16-91)

52.33 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGENCY. The State Environmental Protection Agency.

APPROVED. Backflow prevention devices or methods approved by the Research Foundation for Cross-Connection Control of the University of Southern California, Association of State Sanitary Engineers, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation.

AUXILIARY WATER SYSTEM. Any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor’s public water supply system; or water from a source such as wells, lakes, or streams, or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control.

BACKFLOW. The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply.

BACKFLOW PREVENTION DEVICE. Any device, method, or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in the state must meet the standards of the State Plumbing Code and the State Environmental Protection Agency.

CONSUMER or CUSTOMER. The owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.

CONSUMER’S WATER SYSTEM. Any water system located on the customer’s premises. A building plumbing system is considered to be a CONSUMER’S WATER SYSTEM.

CONTAMINATION. An impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard.

CROSS-CONNECTION. Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flop from one system into the other.

(1) DIRECT CROSS-CONNECTION. A cross-connection formed when a water system is physically joined to a source of unknown or unsafe substance.

(2) INDIRECT CROSS-CONNECTION. A cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduce into a safe potable water system.

DOUBLE CHECK VALVE ASSEMBLY. An assembly composed of single, independently acting valves approved under ASSE Standard 1015. A DOUBLE CHECK VALVE ASSEMBLY must include tight shutoff valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve.

FIXED PROPER AIR GAP. The unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle.

HEALTH HAZARD. Any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health end well-being of consumers. The word SERVE as used to qualify HEALTH HAZARD means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.

INSPECTION. A plumbing inspection to examine carefully and critically all materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the State Plumbing Code, 77 Ill. Adm. Code 890.

NONPOTABLE WATER. Water that does not meet public health standards for drinking water and is not suitable for human consumption or culinary use (See 77 Ill. Admin. Code 900). Any water of unknown quality is considered nonpotable. (77 Ill. Admin. Code 890.120)

PLUMBING. The actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. PLUMBING includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. PLUMBING includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. PLUMBING includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person of persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five feet beyond the foundation walls.

POLLUTION. The presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

POTABLE WATER. Water that is suitable for human consumption in accordance with the Drinking Water Systems Code, 77 Ill. Admin. Code 900.

POTENTIAL CROSS-CONNECTION. A fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the meter supply line beyond its legal termination point.

PROCESS FLUID(S). Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollution, or system hazard if introduced into the public or a consumer’s or system hazard if introduced into the public or a consumer’s or system hazard if introduced into the public or a consumer’s potable water system. This includes but is not limited to:

(1) Polluted or contaminated waters;

(2) Process waters;

(3) Used waters originating from the public water supply system which may have deteriorated in sanitary quality;

(4) Cooling waters;

(5) Questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation system;

(6) Chemical in solution or suspension;

(7) Oils, gasses, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for firefighting purposes.

PUBLIC WATER SUPPLY. All mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 25 persons at least 60 days per year. A PUBLIC WATER SUPPLY is either a community water supply or a non-community water supply.

REDUCED PRESSURE PRINCIPLE BACK-FLOW PREVENTION DEVICE. A device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.

SERVICE CONNECTION. The opening, including all fittings and appurtenances, at the water main through which water is supplied to the user.

SURVEY. The collection of information pertaining to a customer’s piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer’s piping system. The SURVEY must be in written form, and should not be an actual plumbing inspection.

SYSTEM HAZARD. A condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer’s potable water system.

USED WATER. Any water supplied by a public water supply system to a consumer’s water system after it had passed through the service connection and is no longer under the control of the water supply official custodian.

WATER PURVEYORS. The owner or official custodian of a public water system.

(Ord. 1991-7, passed 9-16-91)

52.34 WATER SYSTEM.

(A) The water system shall be considered as made up of two parts: the public water supply system and the consumer’s water system.

(B) The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the Public Works Director up to the point where the consumer’s water system begins.

(C) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system.

(D) The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer’s water system.

(E) The consumer’s water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use.

(Ord. 1991-7, passed 9-16-91)

52.35 CROSS-CONNECTION PROHIBITED; EXCEPTION.

(A) Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.

(B) Specifications.

(1) No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical qualify as determined by inspection and analysis by the Agency.

(2) There shall be no arrangement or connection by which an unsafe substance may enter a supply.

(Ord. 1991-7, passed 9-16-91)

52.36 SURVEYS AND INVESTIGATIONS.

(A) The consumer’s premises shall be open at all reasonable times to the approved Cross-Connection Control Device Inspector for the inspection of the presence or absence of cross-connections within the consumer’s premises, and testing, repair and maintenance of cross-connections control devices within the consumer’s premises.

(B) On request by the Public Works Director, or his authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer’s premises. The customer’s premises shall be open at all reasonable times to the Public Works Director for the verification of information submitted by the inspection results.

(C) It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connection to his water system through which contaminants or pollutants could backflow into his or the public potable water system. All cross-connection or other plumbing inspections must be conducted in accordance with ILCS Ch. 225, Act 320, § 3.

(D) It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:

(1) All cross-connections are removed; or approved cross-connection control devices are installed for control of backflow and back-siphonage.

(2) Cross-connection control devices shall be installed in accordance with the manufacturer’s instructions.

(3) Cross-connection control devices shall be inspected at the time of installation and at least annually by a person approved, by the Agency as a Cross-Connection Control Device Inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer’s instructions.

(4) Testing and Records.

(a) Each device shall be tested at the time of installation at least annually or more frequently if recommended by the manufacturer.

(b) Records submitted to the community public water supply shall be available for inspection by Agency personnel in accordance with any applicable state law.

(c) Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs.

(d) A maintenance log shall be maintained and include:

1. Date of each test;

2. Name and approval number of person performing the tests;

3. Test results;

4. Repairs or servicing required;

5. Repairs and date completed; and,

6. Serving performed and dated completed.

(Ord. 1991-7, passed 9-16-91)

52.37 CONDITIONS FOR INSTALLATION OF BACKFLOW PREVENTION DEVICES.

(A) An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency’s regulation 35 Ill. Adm. Code 680. In addition, an approved backflow prevention device shall be installed of each service line to a consumer’s water system serving premises, where in the judgement of the Public Works Director, actual or potential hazards to the public water supply system exist.

(B) An approved backflow prevention device shall be installed an each service line to a consumer’s water system serving premises, where in the following conditions exist:

(1) Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Public Works Director and the source is approved by the State Environmental Protection Agency.

(2) Premises on which any substance is handled which can create an actual of potential hazard to the public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Public Works Director.

(3) Premises having internal cross-connections that, in the judgement of the Public Works Director and/or the Cross-Connection Control Device Inspector, are not correct able or intricate plumbing arrangements which make it impractical to determine whether or not cross-connections exist.

(4) Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connections survey.

(5) Premises having a repeated history of cross-connections being established or re-established.

(C) An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency’s regulations 35 Ill. Adm. Code 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer’s water system serving, but not necessarily limited to, the following types of facilities unless this Public Works Director determines that no actual or potential hazard to the public water supply system exists:

(1) Hospitals, mortuaries, clinics, nursing homes.

(2) Laboratories.

(3) Piers, docks, waterfront facilities.

(4) Sewage treatment plants, sewage pumping stations or storm water pumping stations.

(5) Food or beverage processing plants.

(6) Chemical plants.

(7) Metal plating industries.

(8) Petroleum processing or storage plants.

(9) Radioactive material processing plants or nuclear reactors.

(10) Car washes.

(11) Pesticide, or herbicide or extermination plants and trucks.

(12) Farm service and fertilizer plants and trucks.

(Ord. 1991-7, passed 9-16-91)

52.38 TYPE OF PROTECTION REQUIRED.

(A) The type of protection required under § 51.37(B)(1)(2) and (3) of this chapter shall depend on the degree of hazard which exists as follows.

(1) An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a severe health hazard.

(2) An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.

(3) An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or a double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.

(B) The type of protection under § 51.38(B)(4) and (5) of these regulations shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention device.

(C) Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:

(1) The fire safety system contains antifreeze, fire retardant or other chemicals;

(2) Water is pumped into the system from another source; or

(3) Water flows by gravity from a non-potable source; or water can be pumped into the fire safety system from any other source;

(4) There is a connection whereby another source can be introduced into to the fire safety system.

(D) All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.

(Ord. 1991-7, passed 9-16-91)

52.39 BACKFLOW PREVENTION DEVICES; SPECIFICATIONS.

(A) All backflow prevention devices or methods required by these rules and regulations shall be approached by the Research Foundation for Cross-Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specification.

(B) Installation of approved devices shall be made in accordance with the manufacturer’s instructions. Maintenance as recommended by the manufacturer of the device shall be performed. Manufacturer’s maintenance manual shall be available on-site.

(Ord. 1991-7, passed 9-16-91)

52.40 INSPECTION AND MAINTENANCE.

(A) It shall be the duty of the consumer at any premises on which backflow prevention devices required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer’s instructions.

(1) Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or by passed air gaps shall be made within 24 hours.

(2) Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five days.

(3) Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five days.

(B) Testing shall be performed by a person who has been approved by the Agency as competent to service the device. Proof of approval shall be in writing.

(C) Each device shall have tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs.

(D) A maintenance log shall be maintained and include:

(1) Date of each test or visual inspection;

(2) Name and approval number of person performing the test or visual inspection;

(3) Test results;

(4) Repairs or servicing required;

(5) Repairs and date completed; and

(6) Servicing performed and date completed.

(E) Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay as required by § 51.37(A).

(F) Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Public Works Director.

(Ord. 1991-7, passed 9-16-91)

52.41 BOOSTER PUMPS.

(A) Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cut-off device in proper working order and to certify to the Public Works Director, at least once a year, that the device is operable.

(B) It shall be the duty of the water consumer to maintain the low pressure cut-off device in proper working order and to certify to the Public Works Director, at least once a year, that the device is operable.

(Ord. 1991-7, passed 9-16-91)

52.42 DISCONTINUANCE OF SERVICE; RECONNECTION REQUIREMENTS.

(A) The Public Works Director shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Public Works Director, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if all low pressure cut-off required by these regulations is not installed and maintained in working order.

(B) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Public Works Director, and the required reconnection fee is paid.

(C) Water Service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects on conformance with these regulations and to the satisfaction of the Superintendent of Utilities/Operations.

(Ord. 1991-7, passed 9-16-91)

52.43 CONSUMER RESPONSIBLE FOR COST OF CLEANUP.

The consumer responsible for back-siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has bypassed, must bear the cost of clean-up of the potable water supply system.

(Ord. 1991-7, passed 9-16-91)

52.44 NOTICE OF VIOLATION; USER LIABILITY.

(A) Any person found to be violating any provision of this subchapter shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(B) Any person violating any of the provisions of this subchapter in addition to the fine provided, shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation, whether the same was caused before or after notice.

(Ord. 1991-7, passed 9-16-91)

52.45 NONLIABILITY OF CITY.

Neither the city the Public Works Director, or its agents or assigns shall be liable to any customers of the city for any injury, damages or lost revenues which may result from termination of the customer’s water supply in accordance with the terms of this subchapter, whether or not the termination of the water supply was with or without notice.

(Ord. 1991-7, passed 9-16-91)

52.46 WATER SERVICE REQUESTS FOR PROPERTIES OUTSIDE OF CITY LIMITS.

In the event that owners of real property outside the City of Lewistown request leave to connect to the city water supply, the following provisions shall apply:

(A) In the event the property in question is contiguous to the corporate limits of the City of Lewistown, any request for connection to the city water supply must be accompanied by a petition to annex the subject real property into the corporate limits. City water may not be provided to contiguous parcels unless and until the subject property has been annexed to the City of Lewistown.

(B) In the event the property in question is not contiguous to the corporate limits of the City of Lewistown, any request for connection to the city water supply must be accompanied by execution of a pre-annexation agreement to be prepared by the City Attorney which would provide that the subject real property shall be annexed in the event it becomes contiguous in the future. City water may not be provided to non-contiguous parcels unless and until the above-referenced pre-annexation agreement has been executed.

(Ord. 2001-10, passed 8-14-01)

52.47 CONNECTION PRIOR TO PAYING TAP-ON FEES OR RECEIVING AUTHORIZATION.

(A) No person shall tap on to the city water supply without having first made payment of the tap-on fees as set forth in § 52.21 herein. Any property owner or contractor who taps on to the city water supply without having first made payment of the tap-on fees in accordance with this section and § 52.21 shall be subject to the penalties of § 52.99(B) in the same manner as individuals tampering with or damaging the water system in violation of § 52.06.

(B) No person shall tap on to the city water supply without having first received authorization from the City Council approving connection to the city water supply. Any property owner or contractor who taps on to the city water supply without having first received authorization from the City Council approving connection to the city water supply in accordance with this section shall be subject to the penalties of § 52.99(B) in the same manner as individuals tampering with or damaging the water system in violation of § 52.06.

(C) Nothing herein shall be construed as requiring the City Council to grant any request for authorization to connect to the city water supply if the City Council deems the granting of such request not to be in the best interests of the city.

(Ord. 2001-10, passed 8-14-01)

52.99 PENALTY.

(A) Whoever violates any provision in this chapter for which another penalty is not specifically provided, shall be fined in accordance with § 10.99, and every day the violation continues shall constitute a separate offense.

(B) The penalty for tampering, damaging, adjusting, or in any manner interfering with the components of operation of the system, as defined in § 52.06, shall be up to $750, payable to the city. If the penalty is not paid within 30 days after the amount is determined, the city shall shutoff the water service. The amount of penalty shall be determined by the City Council. In addition to the penalty the user responsible shall reimburse the city for the actual cost of repairing any damage arising from the users act.

(Ord. 1984-10, passed 11-26-84; Am. Ord. 2005-2, passed 2-22-05)

CHAPTER 52:Water

52.01 APPLICATION FOR SERVICES.

52.02 RESPONSIBILITY FOR OWNERSHIP, INSTALLATION AND MAINTENANCE.

52.03 RIGHT OF CITY TO USERS FACILITIES; REFUSAL OF SERVICE.

52.04 INSTALLATION AND MAINTENANCE OF SERVICE LINES.

52.05 LOCATION OF METERS; EASEMENTS.

52.06 TAMPERING OR DAMAGING WATER SYSTEM.

52.07 UNLAWFUL USE OF WATER.

52.08 EXTENSION OF MAINS.

52.09 CHANGE IN OCCUPANCY.

52.10 LIABILITY.

52.11 USE OF GROUNDWATER AS A POTABLE WATER SUPPLY PROHIBITED.

52.12 APPLICATION FOR WATER SERVICE BY NONRESIDENTIAL APPLICANTS.

52.20 WATER RATES.

52.21 TAP-ON FEES.

52.22 BILLING PROCEDURES.

52.30 SCOPE OF SUBCHAPTER.

52.31 PURPOSE; APPLICATION OF RULES AND REGULATIONS.

52.32 POLICY.

52.33 DEFINITIONS.

52.34 WATER SYSTEM.

52.35 CROSS-CONNECTION PROHIBITED; EXCEPTION.

52.36 SURVEYS AND INVESTIGATIONS.

52.37 CONDITIONS FOR INSTALLATION OF BACKFLOW PREVENTION DEVICES.

52.38 TYPE OF PROTECTION REQUIRED.

52.39 BACKFLOW PREVENTION DEVICES; SPECIFICATIONS.

52.40 INSPECTION AND MAINTENANCE.

52.41 BOOSTER PUMPS.

52.42 DISCONTINUANCE OF SERVICE; RECONNECTION REQUIREMENTS.

52.43 CONSUMER RESPONSIBLE FOR COST OF CLEANUP.

52.44 NOTICE OF VIOLATION; USER LIABILITY.

52.45 NONLIABILITY OF CITY.

52.46 WATER SERVICE REQUESTS FOR PROPERTIES OUTSIDE OF CITY LIMITS.

52.47 CONNECTION PRIOR TO PAYING TAP-ON FEES OR RECEIVING AUTHORIZATION.

52.99 PENALTY.

CHAPTER 52:
Water