Chapter 13.05 CULINARY WATER

Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the city water system, shall file with the water department for each such connection a written and signed connection application in substantially the following form:

RIVERTON UTAH APPLICATION FOR WATER CONNECTION TO THE CITY OF RIVERTON

I hereby apply to the City of Riverton, for permission to connect my premises at _________________________________with the City of Riverton Water System and hereby agree as follows:

1. (a) The Owner shall make the requested connections from the City Water main to and including the water meter, setter, barrel and cover, or to the meter if the meter is installed within the owner’s property. I agree to pay the City the connection charges and fees as may be fixed by the City Council by resolution or ordinance.

Additionally, I agree to pay for inspection and overhead charges and other miscellaneous costs of the City as may be fixed by the City Council by resolution or ordinance.

The work of extending the water connection from the meter to the place at which the water is to be used shall be the owner’s responsibility and shall be performed at the owner’s sole cost.

(b) The connection within the City right of way, including the meter, shall remain the property of the City at all times, and the City shall have access thereto at all times.

2. The location of the meter, whether on the owner’s premises or at some point near the owner’s premises, may be decided solely by the City.

3. Before making connection with the Water System, I shall cause the plumbing upon my premises to be inspected by the City and if the plumbing is not approved, I will cause the plumbing to be rectified at my own expense to meet the requirements of the City or of any other governmental agency having jurisdiction to regulate the Water System within the City.

4. I will be bound by the rules, regulations, resolutions or ordinances enacted now or hereafter by the City applicable to City’s Water System.

5. The purpose for which the water connection will be used is _______________.

6. The City shall have free access to the lines and the meters installed under this agreement and, at reasonable times, through my property if necessary.

Dated this _______ day of _______, 20__.

(Applicant)______________________

[Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-13.]

13.05.020 Application for water connection by subdivider.

Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required with the engineering department of the city. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-14.]

13.05.030 Application for water service.

Any person who desires or is required to secure water service when such service is available from the city water system shall file with the billing department a written application and agreement for service, which shall be in substantially the following form:

RIVERTON, UTAH APPLICATION FOR WATER SERVICE TO THE CITY OF RIVERTON, UTAH.

The undersigned hereby applies for water service from The City of Riverton, Utah, for premises located at _________________, and hereby agrees:

1. To pay charges for such water service as are fixed, from time to time, by the City Council until such time as I shall direct such services to be discontinued.

2. In the event of a failure to pay water charges within the due dates fixed by the City Council or of a failure of the occupant of the premises to conform to the ordinances and regulations established by the City Council regulating the use of the Water System, that the City shall have the right to discontinue the Water System service at its election, pursuant to five days’ written notice of the City’s intention, until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to this ordinance or regulations issued thereunder is eliminated.

3. To be bound by the rules, regulations, resolutions, or ordinances enacted or adopted by the City Council applicable to the City’s Water System.

4. A one-time new applicant fee will be charged upon a new account application.

Dated this _______ day of _______, 20__.

Applicant______________________

[Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-15.]

13.05.040 Non-owner applicants – Agreement of owner.

Applications for water service made by the tenant of an owner must in addition to the requirements in RCC 13.05.030 be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in substantially the following form:

In consideration of the acceptance of the application for water service submitted by _________________________ (Tenant), I or we will pay for all water services for any such tenant or any other occupant of _________________________ premises in case such tenant or occupant shall fail to pay for the same according to the ordinances, rules, regulation or resolutions enacted by the City.

Dated this _______ day of _______, 20__.

Owner______________________

[Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-16.]

13.05.050 Rates and connection fees.

The rates, penalty fee for delinquency in payment, connection fee, inspection fee, and other charges incidental to connection and services from the city water system shall be fixed from time to time by resolution enacted by the city council. The city council may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-17.]

13.05.060 Special rates.

The city council may, from time to time, fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-18.]

13.05.070 Board of equalization, rates and rebates.

The city council is hereby constituted a board of equalization of any water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. They may, if they see fit, rebate all or part of the water bill of any indigent person. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-19.]

13.05.080 Theft of water.

It shall be unlawful and punishable as a class B misdemeanor for any person to utilize the city water or sewer system without paying therefor, as herein provided, or, without authority, to open any fire hydrant, stopcock, valve, or other fixture attached to the system of water supply unless it is done pursuant to proper application, agreement, or resolution. It shall be unlawful and punishable as a class B misdemeanor to injure, deface, or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system.

In addition to the criminal penalties described in this section, each person found to violate the terms of this chapter shall pay to the city the estimated value of the water used together with any costs incurred and collecting unpaid sums and reasonable attorney fees. [Amended during 2011 recodification; Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-20.]

13.05.090 Delinquency – Discontinuance of service.

(1) The billing department shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular interval as the city council shall direct.

(2) The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within 60 days of the date due, the billing department shall give the customer notice in writing of the intent to discontinue the service to the customer unless the customer pays the bill in full within 10 days from the date of notice. In computing the date by which a customer is to pay a bill before service is discontinued, the date on which the notice is issued and indicated on said notice shall not be included. The last day of the 10-day period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation.

(3) If the water service is thereafter discontinued for failure to make payments, then before the water service to the premises shall again be provided, all delinquent water charges must have been paid to the billing department or arrangements made for their payment in a manner satisfactory to the city. In the event water is turned off for nonpayment of water charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on and off as the city council may have established by resolution. Until such a resolution has been adopted, there shall be added an extra charge of $15.00 for turning on the water the first time it is reconnected, $25.00 the second time and $50.00 each time thereafter. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills. The billing department is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the city. [Ord. 12-06 § 1 (Exh. A); Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-21.]

13.05.100 Turning on water after being turned off prohibited.

It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of ordinances, rules, regulations or resolutions pertaining to the water supply to turn on or allow the water to be turned on or used without authority from the water director or the billing department. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-22.]

13.05.110 Separate connection.

It shall be unlawful for two or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the city council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of the supply of water through the service connection until compliance or payment has been made, and in any event the property owner shall be primarily liable to the city for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the city to require separate pipes, connections, or meters at a subsequent time. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-23.]

13.05.120 Unauthorized users.

It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-24.]

13.05.130 Period for visitors.

Individuals visiting the premises of an authorized user in a recreational vehicle not including a mobile home and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed one month. Continued use thereafter shall be deemed unauthorized and violative of the provisions of this chapter relating to separate connections and unauthorized use. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-25.]

13.05.140 Pipes to be kept in good repair – Frost protection.

All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person except under the direction of the water director shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-26.]

13.05.150 Quality of service pipe.

(1) All service and other pipe used in conjunction with the water services of the city shall be of such material, quality and specifications, found in the Riverton City standards and specifications, as the city council may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water director, and no connections with any water mains shall be made without first obtaining permission therefor from the water director.

(2) No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water director and subject to such requirements relating to controls as may be imposed by him. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-27.]

13.05.160 Faulty equipment.

It shall be unlawful for any water user to:

(1) Waste water.

(2) Allow it to be wasted by stops, taps, valves, leaky joints or pipes or to allow tanks or watering troughs to leak or overflow.

(3) Wastefully run water from hydrants, faucets or stops or through basins, water closets, urinals, sinks or other apparatus.

(4) Use the water for purposes other than for those, which he has applied, or to use water in violation of the rules and regulations for controlling the water supply. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-28.]

13.05.170 Vehicles.

Vehicles used for sprinkling, road watering, hydro seeding, lawn fertilizing, street sweeping or any same manner shall be regulated and controlled by the water department through the director of the water department. These vehicles shall have a fixed air gap installed in order to fill the vehicles and provide backflow protection. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-29.]

13.05.180 Department to have free access.

The water director and his agents shall at all ordinary hours have free access to any place supplied with water services from the city system for the purpose of examining the water meter and ascertaining the amount of water service being used and the manner of its use. [Amended during 2011 recodification; Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-30.]

13.05.190 Nonliability for damages.

The city shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the city beyond that provided in the Government Immunity Act. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-31.]

13.05.200 Water not supplied for motors, syphons, etc.

No water shall be supplied from the pipes of the city water system for the purpose of driving motor, siphon, turbine or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the city council. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-32.]

13.05.210 Irrigation sprinklers.

(1) It shall be unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the city council materially affect the pressure or supply of water in the city water system or any part thereof, and the city council may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.

(2) The city council shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this section. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-33.]

13.05.220 Scarcity of water.

In time of scarcity of water, whenever it shall in the judgment of the mayor and the city council be necessary, the mayor shall by proclamation limit the use of water to such extent as may be necessary. It shall be unlawful for any person, his family, servants, or agents, to violate any proclamation made by the mayor in pursuance of this section.

(1) Penalty. Any person who violates this section shall be guilty of an infraction.

(2) Water Shortage Management.

(a) Declaration of Policy. Given the prevailing semiarid climate of the region, the limited water resources available to Riverton City, and the vitally important role an adequate supply of municipal water plays in maintaining a healthy and safe environment in the community, it is hereby declared to be policy of Riverton City that, during times of water shortage caused by drought, facilities failure or any other condition or event, water usage within the city’s water service area shall be managed, regulated, prioritized and restricted in such a manner as to prevent the wasteful or unreasonable use of water, and to preserve at all times an adequate supply of water for essential uses.

(b) Water Shortage Contingency Plan. The director of the Riverton City water department shall cause to be prepared and implemented a water shortage contingency plan (the “plan”). Such plan may be included as part of, or prepared separately from, the water conservation master plan provided for in Section 73-10-32, Utah Code Annotated 1953, and shall be revised from time to time as conditions and circumstances warrant. The plan shall, among other things (i) establish graduated stages of water shortage severity, and (ii) establish appropriate water use restriction response measures for each stage. The plan shall include guidelines and criteria for determining the appropriate stage to be implemented under various water supply, delivery, and demand conditions. Each plan stage of water shortage, and the accompanying use restrictions, shall be implemented by declaration of the mayor, upon advice and recommendation of the director pursuant to the plan guidelines.

(c) Compliance. Compliance with the water use restrictions response measures called for any applicable plan stage may be either voluntary or mandatory, as specified in the plan. The plan may not provide for mandatory restrictions on residential or commercial customers until either (i) the projected water supply from all sources is 60 percent or less of the average annual water supply, or (ii) the director otherwise determines that, in the exercise of his or her best professional judgment, the city is unable to meet anticipated essential water needs without implementing such mandatory measures.

(d) Enforcement. The director shall enforce compliance with all mandatory response measures set forth in the plan through the issuance of citation by the ordinance enforcement officers, as may be provided in the Riverton City Code. Any customer who fails to promptly pay any fine imposed by the court shall be subject to having the water supply to the premises of such customer shut off. Water service shall be restored only upon full payment of the civil fine imposed, any penalty, and the turn-on fee provided in the Riverton City Code.

(e) Plan Nonexclusive. The creation and implementation of the plan shall be in addition to, not exclusive of, any other steps taken by the city from time to time to conserve water or manage limited water supplies, including mayoral proclamation issued pursuant to the Riverton City Code. [Amended during 2011 recodification; Ord. 6-26-07-1 § 1; Ord. 7-19-05-1 § 1 (Exh. A); Ord. 8-5-03-3 § 1. Code 1997 § 14-1-34.]

13.05.230 Waste of water.

(1) Users of water from the city water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water director or any officer of the city, a user of city water engages in practices which result in the needless waste of water and continues to do so after reasonable notice to discontinue wastefulness has been given, the director or any officer may refer the matter to the city council.

(2) The city council may thereupon consider terminating the right of the individual to use culinary and secondary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connections at least five days prior to the meeting of the city council at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges, which lead to the consideration of the termination.

(3) A water user whose right to utilize city water is being reviewed shall have the opportunity to appear with or without counsel and present his reason why his water service should not be discontinued.

(4) After due hearing, the city council may arrive at a determination. If the determination is to discontinue the wasteful water user’s service connections, it shall notify him of the decision and of the period during which the service will remain discontinued. Conditions of the restoration of the user’s service will be treated as a new city application to include inspections and fees. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-35.]

13.05.240 Water meters.

(1) Except as otherwise expressly permitted by this chapter, all structures, dwelling units, establishments and persons using water from the city water system must have such number of water meters connected to their water system as are necessary in the judgment of the director to adequately measure use and determine water charges to the respective users.

(2) Meters will be furnished by the city upon application for a connection, and upon payment of such connection fees and other costs as may be established by the city council from time to time by resolution.

(3) Meters shall be deemed to be and remain the property of the city. Whenever a dispute between the director and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the city council after due notice in writing to the parties involved.

(4) The director shall cause meter readings to be taken regularly and shall advise the billing department thereof for the purpose of recording the necessary billings for water service.

(5) Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the city unless special permission is given by the city through its representatives to the customer to do so.

(6) If a customer submits a written request to the director to test his water meter, the city may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within 12 months after the date of the last previous test, the customer may be required to pay the cost of such test. If the meter is found in such test to record from 97 percent to 103 percent of accuracy under methods of testing satisfactory of the city council, the meter shall be deemed to accurately measure the use of water.

(7) If the city’s meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than 97 percent or more than 103 percent of accuracy, the city shall make adjustments in the customer’s previous bills as are just and fair under the circumstances.

(8) All damages or injury to the lines, meters or other materials of the city on or near the customer’s premises caused by any act or neglect of the customer shall in the discretion of the city be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the city through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer.

(9) The owners of residential and commercial establishments within the city of Riverton shall have the responsibility to see that the exterior of the water meter is properly cared for and maintained; and that such water meters are not buried, covered with weeds or hidden; and that access is maintained to the water meters for the meter readers employed by the city of Riverton. Violations of this subsection shall be punishable as an infraction. [Amended during 2011 recodification; Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-36.]

13.05.250 Permits for installation.

It shall be unlawful for any person to lay, repair, alter, or connect any water line to the city culinary water system without first having received a construction permit from the building official, or the water director. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-37.]

13.05.260 Application for installation permit.

(1) Applications for a permit to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the city water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises who shall describe the nature of the work to be done for which the application is made. The application shall be granted if the water director or the building official determines that:

(a) The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.

(b) The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city.

(2) All connections, alterations or installations shall be to the line and grade designated by the water director.

(3) Fees for permits or for inspection services shall be of such amounts as the city council shall from time to time determine by resolution. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-38.]

13.05.270 Replacement of water lines.

(1) Replacement. In the event that the city in its sole discretion determines that any water line of the city must be replaced, the city shall bear that portion of the cost of such replacement, which applies to main lines up to the water meter. The costs of connecting such new line or lines from the house of the customer to the water meter shall be borne by the customer. [Amended during 2011 recodification; Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-39.]

13.05.280 When permits shall not be issued.

Permission to connect to the city water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of RCC Title 15, Buildings and Construction, and RCC Title 17, Subdivisions, and has passed inspection by the building official. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-40.]

13.05.290 Discontinuance of service.

Any customer desiring to discontinue service shall notify the city in writing of such fact, at least 10 days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit will be refunded upon discontinuance of service. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-41.]

13.05.300 Fire hydrants.

Water for fire hydrants will be furnished free of charge by the city. Installation and repairs on such hydrants shall be at the expense of the city and shall be made under the direction of the city. All customers shall grant the city, upon demand, a right-of-way or easement to install and maintain such hydrants on their premises if the city concludes that hydrants shall be so installed for the protection of the residents of the city. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-42.]

13.05.310 Extension of water mains within the city.

Any person or persons, including any subdivider who desires to have the water mains extended within the city, and is willing to advance the whole expense of such extension and receive the return of an agreed portion thereof, as hereinafter provided, may make application to the city council by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to advance the whole expense thereof, which cost shall be verified by the water director. The city council may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the city. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-43.]

13.05.320 Costs of extensions determined.

Upon the receipt of such petition and map and before the petition is granted, the city council shall obtain from the water director a certified statement showing the whole cost or expense of making such extension. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-44.]

13.05.330 Amount of cost to be deposited with the billing department.

If the city council grants the petition, the amount of the cost of making the extension, as certified by the director, shall be deposited with the billing department before any work shall be done on such extension. The deposit shall be made within 30 days, or such time as the city council shall indicate, after the granting thereof. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-45.]

13.05.340 Return of any money – Forfeiture.

(1) At the time the city council decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the cost is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.

(2) In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-46.]

13.05.350 Ownership of extension.

Any such extension shall be deemed the property of the city. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-47.]

13.05.360 Potable water supply.

(1) Purpose.

(a) To protect the public potable water supply of Riverton City from the possibility of contamination or pollution by isolating within the customer’s internal distribution systems such contaminants or pollutants which could backflow into the public water systems; and

(b) To promote the elimination or control of existing cross-connections, actual or potential, between the customer’s in-plant potable water system(s) and nonpotable water system(s), plumbing fixtures and industrial piping system(s); and

(c) To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.

(2) Responsibility. The city/municipality shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection as per Utah State Drinking Water Rules. If, in the judgment of said city/municipality, an approved backflow prevention assembly is required (at the customer’s water service connection or within the customer’s private water system) for the safety of the water system, the designated agent of the city/municipality may shut off the water if a health hazard is determined, whether actual or potential, and shall give notice in writing to said customer to install such approved backflow prevention assembly(s) at specific locations on his premises. The customer shall immediately install such approved assembly(s) at the customer’s own expense and failure, refusal or inability on the part of the customer to install, have tested and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

(3) Building Official.

(a) The building official has the responsibility to not only review building plans and inspect plumbing as it is installed, but he has the explicit responsibility of preventing cross-connections from being designed and built into the structures within the jurisdiction of Riverton City. Where the review of building plans suggests or detects the potential for a cross-connection being made an integral part of the plumbing system, the building official has the responsibility to require such cross-connection be either eliminated or provided with an approved backflow prevention assembly in accordance with the plumbing code. The building official shall notify the water director of any backflow installation requirements.

(b) The building official’s responsibility begins at the point of service (the downstream side of the meter) and carries throughout the entire length of the customer’s water system. The building inspector should inquire about the intended use of water at a point where one is actually called for by the plans. When such a cross-connection is discovered, it will be mandatory that a suitable, approved backflow prevention assembly be required by the plans and be properly installed, in accordance with the International Plumbing Code, Utah Amended 2003, before a certificate of occupancy is issued or final inspection is granted.

(4) Certified Backflow Assembly Technician.

(a) Certified backflow assembly technicians only shall do the testing and maintenance of backflow prevention assemblies.

(b) In the case of a customer requiring a commercially available technician, any certified technician is authorized to make the test and report the results of that test to the customer and the city/municipality. If such a commercially tested assembly is in need of repair, the work must be performed by those having licensure from the Division of Professional Licensing and be a class II or class III backflow technician, as per the Cross Connection Control Program of Utah Section 5(I).

(5) Definitions.

“Approved backflow assembly” means any assembly approved by the State Division of Drinking Water as meeting an applicable specification or as suitable for the proposed use.

Auxiliary Water Supply. Any water supply on or available to the premises, other than the city/municipality’s public water supply, will be considered as an auxiliary water supply. This auxiliary water may include water from another city/municipality’s public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the city/municipality does not have sanitary control or may not meet Utah State Drinking Water Standards.

“Backflow” means the unintended direction of flow of water, caused by either backpressure or backsiphonage.

“Backflow prevention assembly” means an assembly or means designed to prevent backflow. Specifications for backflow prevention assemblies are contained within the International Plumbing Code, Utah Amended 2003, and the Utah State Division of Drinking Water Cross Connection Control Program. A listing of these approved backflow prevention assemblies is available from the Utah Division of Drinking Water.

“Backpressure” means the flow of water or other liquids, mixtures, or substances under pressure into the distribution pipes of potable water supply system from any source(s) other than the intended source caused by increased pressure into the system.

“Backsiphonage” means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source(s) other than the intended source, caused by the reduction of pressure in the potable water supply system.

“Director” means the person designated to be in charge of the water department of Riverton City, who is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this chapter.

“Potable water supply” means any water supply approved by director of the Riverton water department.

(6) Requirements.

(a)(i) No water service connection to any premises shall be installed or maintained by the city/municipality unless the water supply is protected as required by state laws, regulations, codes and this chapter. Service of water to any premises shall be discontinued by the city/municipality if a backflow prevention assembly required by this chapter for control of cross-connection is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if any unprotected cross-connections exist on the premises. Service will not be restored until such conditions or defects are corrected.

(A) It shall be unlawful for a culinary and/or secondary connection to be made to an irrigation system without an inspection by the water department.

(B) A connection of a lawn sprinkler irrigation system to the culinary water system shall be connected with a reduced pressure zone assembly backflow preventer, whether or not a secondary connection is made at this time. The reduced pressure zone assembly backflow preventer shall be tested upon installation by a certified tester licensed by the State Division of Drinking Water and shall be inspected by the water department for correct installation standards as per the plumbing code. A backflow test shall be performed at the time of installation and at least annually thereafter as per the state plumbing code, and the test form shall be submitted to the water department within 10 days of installation.

(C) Any changes to a lawn sprinkler irrigation system, whether culinary to secondary, secondary or culinary only, shall require an inspection by the Riverton City water department, for backflow prevention.

(D) Any current connections to a lawn sprinkler irrigation system that poses a threat to the culinary or secondary water systems shall have cross-connection protection installed as per current Riverton City ordinances. This constitutes a retrofit ordinance to comply with the State Drinking Water Rules:

A purveyor shall not allow a connection to his system, which can jeopardize the quality and integrity of the system.

(E) The degree of hazard to a water service shall be determined by the Riverton City water director or his agent. The degree shall in no case be less than the Utah State Plumbing Code.

(F) A dedicated secondary water system shall be connected with an inspection of the removal of a stop and waste valve on the culinary water connection or an inspection of the nonexistence of a culinary water connection.

(G) A connection to the culinary water shall be connected with a reduced pressure zone assembly backflow preventer and a swing joint for the secondary connection whether or not secondary is connected at this time. The reduced pressure zone assembly backflow preventer shall be tested upon installation, by a certified tester licensed by the State Division of Drinking Water and shall be inspected by the water department for correct installation standards as per the plumbing code.

(H) The type of protective assembly required under the Uniform Standard Act Rules R156-56-707(40) shall depend upon the degree of hazard which exists at the point of cross-connection (whether high or low), as stipulated in the current Utah Plumbing Code with state amendments.

(I) All presently installed backflow prevention assemblies 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 under the Uniform Standard Act Rules R156-56-707(40), be excluded from the requirements of these rules so long as city/municipality is assured that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance or when the city/municipality finds that the maintenance of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of the current ordinance.

(ii) An approved backflow prevention assembly shall be installed on each service line to a customer’s water system, at or near the property line or immediately inside the building being served. In all cases, the assembly will be installed before the first branch line leading off the service line, whenever the city/municipality deems the protection of the water supply to be in the best interest of the water customers.

(iii) The type of protective assembly required shall depend upon the degree of hazard which exists at the point of cross-connection (whether direct or indirect), as stipulated in the current Utah Plumbing Code, with state amendments.

(iv) All presently installed backflow prevention assemblies 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 be excluded from the requirements of these rules so long as the city/municipality is assured that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance or when the city/municipality finds that the maintenance of this assembly constitutes hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this chapter.

(b) It shall be the duty and responsibility of the customer, at any premises where backflow prevention assemblies are installed, to have certified inspections and operational tests made at least once per year at the customer’s expense. In those instances where the city/municipality deems the hazard to be great, the director may require certified inspections and tests at a more frequent interval. These inspections and tests shall be performed by a certified backflow assembly technician. It shall be the duty of the city/municipality to see that these tests are made according to the regulations set forth by the Utah State Division of Drinking Water.

(c) Backflow prevention assemblies shall be installed in water supply lines to provide at least the degree of protection stipulated in the International Plumbing Code, Utah Amended 2003. All backflow prevention assemblies shall be exposed for easy observation and be readily accessible.

(d) All backflow prevention assemblies installed in a potable water supply system, for protection against backflow, shall be maintained in good working condition by the person, or persons, having control of such assemblies. Upon inspection, any assembly found to be defective or inoperative shall be replaced or repaired immediately. No assembly shall be removed from use, relocated or another assembly substituted, without the approval of the city/municipality.

(e) All backflow prevention assemblies shall be tested at the time of installation, repair and relocation and at least on an annual basis thereafter, as per International Plumbing Code, Utah Amended 2003.

(f) No backflow prevention assembly shall be installed so as to create a safety hazard. Example: installed over electrical panel, steam pipes, boilers, and pits or above ceiling level.

(g) When lawn irrigation water is connected to both the secondary and culinary water supply systems, a reduced pressure zone assembly shall be installed on the culinary supply line and a swing joint shall also be installed downstream of the backflow assembly in such a manner so that the culinary and the secondary water systems cannot inter-connect. Drinking fountains are not allowed when both secondary and culinary water are supplied to a property unless a reduced pressure zone assembly is installed on the culinary supply pipe. Any hose bibs on the culinary supply which do not have vacuum breakers installed shall be upgraded to provide backflow protection between culinary and secondary water.

(h) Water supplied to swimming pools, decorative fountains, small fishponds, etc., shall be supplied by culinary water and backflow protection shall be required.

(i) Section 19-4-112, Utah Code Annotated 1953, requires that only potable water shall be supplied inside a building. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-48.]

13.05.370 Unauthorized use of city equipment.

It shall be unlawful and punishable as a class B misdemeanor to injure, deface or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system; provided, however, that if damages resulting from the aforementioned unlawful activities result in damages in excess of $300.00 in value to the city or to any private citizen, then such activities shall be punishable under applicable state or federal law. [Amended during 2011 recodification; Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-49.]

13.05.380 Supply of water services to person outside the city limits.

(1) Where there is a surplus of water, the city may, at its discretion, sell such surplus to users outside of the city at a price and on such terms as may, from time to time, be established by the city council. All main lines must be installed by the applicant, the type and construction to be approved by Riverton City. Individual connections from the main lines will be made in accordance with this and other Riverton City ordinances.

(2) The furnishing of surplus water to users outside the city shall not constitute a vested right in the water, and the city may at any time, in its sole discretion, terminate such services.

(3) As a condition to providing any water service outside of the city limits, the non-city resident or business customer shall consent at the request of the city to any action to annex the property being served into Riverton City. Failure of the customer to consent to annexation shall be sufficient grounds to terminate water service. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-51.]

13.05.390 Petition for service.

Any person located outside the city limits who desires to be supplied with water services from the city water system and is willing to pay in advance for the whole expense of extending the water system to his property, including the cost of extending the water main beyond its present location, may make application to the city council by petition containing:

(1) A description of the proposed extension.

(2) A map showing the location thereof.

(3) An offer to pay the whole expense incurred by the city in providing such extension and to advance such expenses as shall be verified to by the water director. The city council and the person or persons seeking such extension may enter into an agreement providing in detail the terms under which the extension may be utilized by others in the future and the terms under which all or any portion of the cost of installing such extension may be refunded.

(4) An acknowledgment that the city in granting the petition need supply only water to the petitioner which from time to time the city council deems beyond the requirements of water users within the city limits, and that such extension shall be the property of and subject to the control of the city. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-52.]

13.05.400 Extensions may be master metered.

When an extension supplying more than one house or user outside the city limits is connected to the city water mains, the water director may require a master meter to be installed near the point where the connection is to be made to the city main. This installation will be at the expense of the persons served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-53.]

13.05.410 Cost of extensions to be determined by water.

Upon receipt of such petition and map and before the petition is granted, the city council shall determine what portion, if any, of the extension of the city water mains to the city limits the city shall construct, and shall obtain from the water director a verified statement showing the whole cost and expense of making such extension. Such costs and expenses shall include administrative and supervisory expenditures of the city water department, which shall in no event be deemed to be less than 10 percent of the cost of materials and labor. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-54.]

13.05.420 Charges for unauthorized users.

Deleted during 2011 recodification. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-55.]

13.05.430 Water connection inspection.

It shall be unlawful for any resident or commercial business to make connections to the culinary or secondary water system without inspection and approval by the Riverton City water director. Each connection of the culinary water system shall be inspected for cross-connections. Only Riverton City water department approved connection options are permitted. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-56.]

13.05.440 Cross-connection control program.

This chapter shall constitute a cross-connection control program for Riverton City water department. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-1-57.]