Title
13 – Public Services
Chapters:
13.02 Establishment of Water Works and Sewerage System
13.04 Rules of the Water Works
13.06 Rules of the Sewer System
13.08 Violation - Penalty
Chapter
13.02 Waterworks and Sewerage System
Sections:
13.02.010 Establishment of Water Works and
Sewerage Systems.
13.02.010 Establishment of Water Works and Sewerage
Systems It is found,
determined, and recited that the City of Dillon has the authority to acquire,
purchase, construct, reconstruct, improve, and extend any undertaking
constituting a combination of its water and sewer systems and all parts thereof
and appurtenances thereto, including, but not limited to, the supply and
distribution systems, reservoirs, dams, storm sewers, sanitary sewers, and
sewage treatment and disposal works. It
is found, determined, and recited that the City of
Chapter
13.04 Rules of the Water Works
Sections:
13.04.010 Billing—Areas designated.
13.04.015 Billing—Delinquency.
13.04.017 Billing—Owners.
13.04.020 Recovery of Hookup Cost.
13.04.022 Rate and Charge Revisions.
13.04.040 Part of contract—Consumer duty to know.
13.04.050 Application for service—Turn on and shut
off.
13.04.060 Meter—Required.
13.04.070 Meter—Consumer interference unlawful.
13.04.080 Meter—Type.
13.04.090 Turn off—Turn on—Fee.
13.04.100 Unauthorized use of water prohibited.
13.04.110 One connection required per building.
13.04.120 Causes for termination of service.
13.04.130 Service pipe—Standards.
13.04.132 Public Policy.
13.04.134 Cross Connections.
13.04.136 Connection Required.
13.04.137 Non-Compliance.
13.04.139 Penalty.
13.04.140 Use of water for building
purposes—Application.
13.04.150 Department shut-off authority.
13.04.160 Department right of entry.
13.04.170 Separate control required for each
premises.
13.04.180 Separate services restrictions.
13.04.200 Tampering with system unlawful without
permission.
13.04.210 Meter—Consumer to protect.
13.04.220 Meter—Fraud designated.
13.04.255 Watering restrictions for summer
irrigation.
13.04.270 Use of water during fire restricted.
13.04.280 Plumbing regulations for water
department.
13.04.290 Petition for Annexation
13.04.351 Termination
of Service.
13.04.300 Notice of Requirement
13.04.010 Billing—Areas designated All of the incorporated area of the City of
13.04.015 Billing Delinquency Water/sewer bills will be mailed to consumers
in all areas on the first day of each month.
Actual meter reads will be done monthly.
All
bills will become delinquent on the tenth day of the next month and written
notice of delinquency will be mailed to the consumer. A fee to be set by the water and sewer
department shall be assessed against all delinquent accounts. If the water bill
is still unpaid ten days following the date on the written notice, a notice
will be hand-delivered to the consumer advising the consumer that water service
will be terminated the following day. A
fee to be set by the water/sewer department will be assessed against the
account for the hand-delivered notice.
13.04.017 Billing - Owners Owners of property served with water will be
held liable for all water charges.
Payments will be accepted from tenants, but the owner will not be
relieved of responsibility if the tenant becomes delinquent.
13.04.020 Rates and Charges
A. Metered
Rate. The owners of each premise on which
a water meter has been installed shall pay for the water consumed at a rate set
by a resolution of the City Council after public hearing. This rate shall be
detailed in a rate chart and shall be available on request to all water users.
B. Unmetered
Rate. The owners of each premise on
which a water meter has not been installed shall pay for the water consumed at
a flat rate set by a resolution of the City Council after public hearing.
C. Deposit
for Water Service. Every consumer of
water must pay a deposit fee as set by the City Council after public hearing.
D. Recovery
of Hook Up Cost. The owners of any
property shall be responsible for the costs of materials, equipment, tapping
and installation of service lines from the main water lines of the city works
to the user’s place of use.
The cost of materials
shall be reimbursed to the City in the amount of the invoice for the materials
together with ten percent addition over the invoice amount. The labor of actual man hours of persons
directly involved in the installation shall be reimbursed at the employee rate
of pay and cost to the City.
The water shall not be
turned on to the place of use until the cost has been reimbursed to the City.
E. Water
Construction Fee. A monthly construction
fee to be set by resolution of the City Council after public hearing will be
assessed against each water connection on the water system.
F. Water
Construction Fee for Sewer Users only.
Every sewer user not connected to the municipal water system must pay a
monthly fee set by a resolution of the City Council after public hearing to pay
for the system improvements for fire service.
13.04.022
Rate and Charge Revisions If,
at any time, the rates or charges for water prove to be insufficient to
adequately maintain and improve the waterworks system the Mayor or the Director
of Operations shall advise the Council and the water rates shall be revised by
resolution of the City Council after public hearing.
13.04.040 Part of contract - Consumer duty to know The rules set forth in this ordinance are a
part of the contract entered into by every consumer of City water and the
failure to know the rules will not excuse anyone from the penalty of their
infringement.
13.04.050 Application for service - Turn on and Shut
off Application for water
to be used for any purpose shall be made at the water/sewer department upon a
form provided by the City. This form
must be signed by the owner or authorized agent of the owner of the property on
which water is to be used. All orders
for shutting water off must be made in writing, signed by the owner or the
authorized agent of the owner of the property at which the water is to be shut
off. When the water is ordered shut off
from any premise all charges for the water used shall be immediately due and
payable to the water/sewer department.
13.04.060 Meter - Required There shall be installed, upon the service
pipe in the dwelling of each water consumer, a water meter. This meter is to be selected by and installed
under direction of the employees of the water department who shall select the
place on the premises where the meter shall be installed. If a water meter
cannot be installed within a building on the premises, a meter vault, for the
meter to be located in, must be installed at the consumer’s expense at a
location on the premises to be determined by the employees of the water/sewer
department. The meter must be protected from freezing and other damage. The cost of the meter will be included in the
hookup fee.
13.04.070 Meter - Consumer interference unlawful If any water consumer interferes with the
installation of a meter or refuses to allow the installation of a meter at the
place on the premises selected by the water department the water shall be
turned off and shall not be turned on again until a water meter is installed as
required and a fee as established by the City Council is paid for turning on
the water. In addition the party
interfering with the installation of the meter, or refusing to allow the
installation of a meter may be punished as provided for a violation of this
ordinance.
13.04.080 Meter - Type No meter shall be placed in service nor
recognized as a standard meter within the City unless approved by the City
water/sewer department.
13.04.090 Shut off - Turn on - Fee When the water has been shut off at the curb
box it shall not be turned on by any person except an employee of the
water/sewer department. If the water is
turned on by anyone other than an employee of the City water/sewer department
the water shall be immediately shut off and the property owner must pay a fee
as established by the City Council before the water shall again be turned
on. In addition the party turning the
water on shall be in violation of this ordinance and may be punished as
provided in this chapter.
13.04.100 Unauthorized use of water prohibited No person, company, business, or corporation
shall knowingly take or use or allow to be used any water without previously
contracted for the same.
13.04.110 One connection per building It shall be unlawful for any owner, agent or
tenant to supply or permit to be supplied any water to two or more buildings
through one connection to the main line unless specifically approved by the
City Council.
13.04.120 Causes for termination of service If undue waste is permitted, or if water is
bypassed to another consumer, or in cases of deception, misrepresentation or
abuse of the privilege of connecting with the water system, the supply of water
will be turned off without notice and a penalty as established by the City
Council after public hearing shall be paid to the water/sewer department before
the water is turned on and in addition the offending persons may be punished as
provided in this chapter.
13.04.130 Service pipe - Standards The service pipe within and without the
premises and through the entire length to the tap in the City water main,
together with curb cock and box, must be laid, kept in repair and protected
from freezing at the expense of the owner, who shall be responsible for all
damage resulting from leaks and breaks and no claim shall be made against the
City of Dillon on account of the breaking of any service pipe or apparatus, or
for failure to supply water. When there
is a leak in the street and it is doubtful whether the water is from a break in
the City main, or from a private service pipe, employees of the water/sewer
department will make all repairs, but if it is from the service pipe, the owner
of the property, or agent, will be notified and must immediately take charge of
the excavation, repair the leak, replace the street, and be responsible for all
damages which may result. In case the
owner or agent does not make repairs at once, the water/sewer department will
proceed, and all bills for labor and materials will become a charge against
said property, and shall be collected from the owner or agent, and at the end
of the month, in case the bill is not paid, the enforcement of payment thereof
will be performed in the same manner as for the non-payment of bills for water.
13.04.132 Public Policy It is the policy of the City of
13.04.134 Cross Connections There shall not be any cross-connections
between individual wells and pumps and the municipal water system.
13.04.136 Connection Required
A. With
the exception of paragraph (B) all water inside residences, places of business,
public water for institutions, properties used for human occupancy or water for
any commercial use, must be water from the municipal water system. All connections to the municipal water system
shall be at the owner’s expense.
B. It
is the intent of this ordinance to permit existing pumps and wells to be used
until such time a well failure is experienced, at which time the property must
be connected to the municipal water system.
C. Wells
and pumps for outside water, such as lawns, gardens, etc. may be retained.
13.04.137 Non-Compliance Any person or entity not complying with this
ordinance, shall be sent a notice of non-compliance and given a reasonable
time, not to exceed sixty (60) days, to comply with the ordinance.
13.04.139 Penalty Any person or entity violating this ordinance
shall be guilty of a misdemeanor and upon conviction, shall be subject to a
fine not to exceed five hundred dollars ($500.00) or imprisonment in the county
jail for six months or both.
13.04.140 Use of water for construction purposes Contractors, builders or others needing water
for construction purposes must make application to the water department prior
to receiving water and the amount to be paid will be based on the established
rates.
13.04.150 Department shut off authority The water/sewer department reserves the
right, at any time, without notice, to shut the water off in its mains for the
purpose of making repairs or extensions or for any other purpose. No claim shall be made against the City of
13.04.160 Right of Entry The water/sewer department shall have access
at all reasonable times to all buildings or premises to which water is being
delivered from the City water mains for the purpose of inspecting the
conditions of the pipes and fixtures and the manner in which water is used and
shall also have the right to remove the meters from premises for examination
and tests when necessary.
13.04.170 Separate control required for each premise After the adoption of Title 13 of the City
ordinances the service pipes must be so arranged that the supply for each
separate building or premise must be controlled by a separate curb stop and
meter placed at a point designated by the water/sewer department.
13.04.180 Separate services restrictions Where water is being supplied prior to the
adoption of Title 13 of the City ordinances through one service to several
buildings or premises, the City Council may either decline to furnish water
until separate services are provided or may continue the supply on the
condition that one person shall pay for all water on the same service.
13.04.200 Tampering with system unlawful without
permission It is unlawful for
any person to open, close, turn or interfere with, or to attach, or connect
with any fire hydrant, curb cock or valves without permission from the
water/sewer department, or to disturb or damage any pipe, machinery, tools or
other property of the water/sewer department, or to throw any substance into
any reservoir or water main, or to deface or injure any building belonging to
or connected with said water system.
13.04.210 Meter—Consumer to protect Consumers supplied by meter shall take every
reasonable precaution to protect same from injury or damage by frost or
otherwise and shall be liable for injury to meters. If, from any cause, the meter fails to
register correctly, the charge to the consumer shall be at the rate used for
the corresponding period of the quarter previous, or if for any reason the rate
for the corresponding period of the previous quarter cannot be justly applied,
the rate shall be equitably adjusted by the water department. For the testing of each meter at the request
of the property owner, his agent or lessee; if the meter if found defective, no
charge will be made, but if the meter is found in good order or registering in
favor of the consumer, a charge as established by the City Council will be
made.
13.04.220 Meter—Fraud designated Every person who, with intent to injure or
defraud;
A. Breaks
or defaces the seal of any meter; or
B. Obstructs,
alters, injures or prevents the action of any meter or instrument used to
measure or register the quantity of water supplied to a consumer thereof; or
C. Makes
any connection by means of a pipe, or otherwise, with any main or pipe used for
delivery of water to a consumer thereof, in such a manner as to take water from
said main or pipe without its passage through the meter or other instrument
provided for registering the amount or quantity consumed, or use any water so
obtained; or
D. Makes
any connection or reconnection with such main or pipe, or turns off or on, or
in any manner interferes with any valve, stop cock or other appliance connected
therewith; or
E. Prevents
by the erection of any device or construction, or by any other means, free
access to any meter or other instrument for measuring the amount of water
consumed, or interferes with, obstructs or prevents by any means the reading or
inspection of such meter or instrument by any of the employees of the water/sewer
department, shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not less than fifty dollars nor more than five hundred, or may
be punished by imprisonment for not to exceed thirty days, or both such fine
and imprisonment.
13.04.255 Restrictions for summer irrigation
A. If
any two of the following three persons, the Mayor, Director of Operations,
and/or the chairman of the City Council Water and Sewer Committee, in their
judgment determine the water supply of the City is seriously short for fires,
health and the general operational functions of the City, they may make it
unlawful for any person to water lawns, gardens, or use any outside water for
any purpose whatsoever, except at the following hours and on the following
days;
1. The hours shall be from either five
a.m. to eleven a.m., or five p.m. to eleven p.m. at the selection of the
person, but such person may not water at both times.
2. The houses with odd numbers shall water
on the odd days of the calendar month.
3. The houses with even numbers shall
water on the even days of the calendar month.
B. Such
emergency water use shall be published in the Dillon Tribune Examiner and
posted in three public places in the City.
C. For
any violation of subsection A of this section, upon conviction thereof, the
violator shall be subject to the following fines and penalties:
1. For the first violation, the violator
will be issued a warning ticket;
2. For the second violation, the violator
will be subject to a fine of ten dollars;
3. For the third violation, the violator
will be subject to a fine of twenty-five dollars;
D. Any
person violating the restrictions as imposed by the City or who wastes water by
letting it run in avenues, streets, alleys or roadways shall be guilty of a
misdemeanor.
13.04.270 Use of water during fire restricted No person shall draw any water from the City
main during a fire except for the extinguishing of a fire.
13.04.280 Plumbing regulations The following rules are laid down for the
government of plumbers in work done in connection with the waterworks.
Rule 1. No person except employees of the City shall
tap the distributing pipes.
Rule
2. All pipes placed in connection with
the City waterworks and the pattern of all hydrants, curb stops, and other
appurtenances that are proposed to be used shall be submitted to the inspection
and subject to the approval of the City.
The water pipe laid in trenches shall be laid not less than five and
one-half feet below the surface of the ground and in such a manner as to
prevent rupture by settlement. Only Type
K copper pipe or polyethylene pipe conforming to the requirements of AWWA
Specification C901 may be installed from the main to the curb stop.
All pipe and all cocks and fixtures
must be of sufficient strength to sustain a hydraulic pressure of three hundred
pounds to the square inch. All PVC pipe
used in a main line must have an SDR18 or less rating. All work shall be done in the manner required
by the City and shall be subject to its inspection or approval, and no work
underground shall be covered up until so inspected and approved.
Rule
3. All rules of the State of Montana
Department of Environmental Quality standards for water works must be complied
with.
Rule
4. Permits for attachment will not be
granted when the service pipe passes over or through premises which at the time
or may thereafter become the property of persons other than the owners of the
premises or be supplied by such attachments, and in case the building does not
occupy the full width of the lot on which it is situated, the service pipe must
either be laid under the building or in the lot clear of the building and
within three feet of the side wall thereof. No service pipe will be permitted to be laid
in a sewer trench or within eighteen inches of such trench.
Rule
5. There shall be a valve attached to
every supply pipe at the point where it enters the building, so as to admit the
water being shut off in frosty weather or in case of accident.
Rule
6. No plumber shall turn on the water at
the curb stop, or allow any person in his employ to do so except with the
permission of the water department.
13.04.290 Petition for Annexation The Water and Sewer Committee, or the City
Council itself, is hereby authorized to make a finding that it is in the best
interests of the City and in the best interest of designated persons obtaining
water and or sewer services from municipal systems operated by the City of Dillon
whose properties are outside the city limits that such properties be annexed to
the City of Dillon.
13.04.291 Upon such a finding being made and
communicated to the Water Department, the Water Department will send a notice
to such designated property owners notifying them they are required to petition
the City of
13.04.300 Notice of Requirement
a.
When the determination
requiring annexation is made the Water Department will notify each designated
water and/or sewer user of the requirement of this ordinance that they petition
for annexation of their properties to the City of
b.
The petition for annexation
must be executed and returned to the city within sixty days of mailing from the
city office
c.
If the petition for
annexation is not executed and returned within sixty days of mailing, the Water
and Sewer department shall give a written shut off notice to be sent by
Certified Mail to owners of properties outside the city limits and receiving
city water and/or sewer service, and to tenants in applicable.
13.04.351 Termination of Service
a.
If 20 days after notice of
pending shut off is given the owner of the property has not submitted a
petition for annexation to the City of
b.
The water supply will not be
restored until the petition for annexation is filed in the city offices.
c.
The water services will not
be reestablished until the required turn on fee has been paid.
Chapter
13.06 Rules of the Sewer System
Sections:
13.06.010 Definitions.
13.06.015 Billing—Areas designated.
13.06.020 Sewer use required generally.
13.06.025 Privies, septic tanks and cesspools
prohibited.
13.06.030 Sewer connection required.
13.06.035 Lift
Stations.
13.06.040 Private wastewater use.
13.06.050 Billing Delinquency.
13.06.060 Billing—Owners.
13.06.070 Determination of Sewer Use Fee.
13.06.075 Sewer Construction Fee.
13.06.080 Sewer users without water service.
13.06.090 Multiple Family Housing.
13.06.100 Part of contract—Consumer duty to know.
13.06.110 Application for service—Permit required.
13.06.120 Unauthorized use of sewer prohibited.
13.06.130 Separate sewers required—Exception.
13.06.140 Use of old building sewers.
13.06.150 Cost responsibility.
13.06.160 Compliance with codes required.
13.06.170 Non-waste water prohibited in sewer.
13.06.180 Inspection and testing before final
connection.
13.06.190 Excavation safety and restoration.
13.06.200 Prohibited discharges designated.
13.06.210 Limited substances designated
13.06.220 Pretreatment or rejection of discharges.
13.06.230 Grease, oil and sand interceptors.
13.06.240 Pretreatment facilities—Maintenance.
13.06.250 Sampling and testing facilities.
13.06.260 Determination of compliance—Information
required.
13.06.270 Determination of compliance—Standard
Methods.
13.06.280 Special agreements permitted.
13.06.290 Inspection—Authority.
13.06.300 Inspection—Confidentiality.
13.06.310 Indemnification of City.
13.06.320 Right of entry.
13.06.330 Vandalism.
13.06.340 Violation—Penalty.
13.06.350 Continuing violations—Penalty.
13.06.360 Violation—Cost liability.
13.06.010 Definitions Unless the context specifically indicates
otherwise, the meaning of terms used in this ordinance shall be as follows:
1. “Biochemical oxygen demand (BOD)” shall
mean the quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at 20 degrees
Centigrade, expressed in milligrams per liter.
2. “Building drain” shall mean that part
of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste and other drainage pipes inside the wall of the
building and conveys it to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
3. “Building sewer” shall mean the
extension from the building drain to the public sewer or other place of
disposal, also called house connection.
4. “City” shall mean
5. “Combined sewer” shall mean a sewer
intended to receive both wastewater and storm or surface water.
6. “Floatable oil” is oil, fat or grease
in a physical state such that it will separate by gravity from wastewater by
treatment in an approved pretreatment facility.
A wastewater shall be considered free of floatable fat if it is properly
pretreated and the wastewater does not interfere with the collection system.
7. “Garbage” shall mean animal and
vegetable waste resulting from the handling, preparation, cooking and serving
of foods.
8. “Industrial user” shall mean: (a)
any user which discharges more than the equivalent of 25,000 gallons per
day (gpd) of sanitary wastes, or (b) any user which discharges wastewater to
the treatment works which contains toxic pollutants or poisonous solids,
liquids, or gases in sufficient quantity either singly or by interaction with
other wastes, to contaminate the sludge of any municipal systems, or to injure
or interfere with any sewage treatment process, or which constitutes a hazard
in or has an adverse effect on the waters receiving any discharge from the
treatment works.
9. “Infiltration” Water other than wastewater that enters a
sewerage system (including sewer service connections) from the ground through
such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is
distinguished from, inflow.
10. “Infiltration/inflow.” The total quantity of water from both
infiltration and inflow without distinguishing the source.
11. “Inflow”
Water other than wastewater that enters a sewerage system (including
sewer service connections) from sources such as roof leaders, cellar drains,
yard drains, area drains, foundation drains, drains from springs and swampy
areas, manhole covers, cross connections between storm sewers and sanitary
sewers, catch basins, cooling towers, storm waters, surface runoff, street wash
waters, or drainage. Inflow does not
include, and is distinguished from, infiltration.
12. “Interceptor sewer” A sewer whose primary
purpose is to transport wastewaters from collector sewers to a treatment
facility.
13. “Lateral sewer” shall mean a sewer that
discharges into another sewer and has no other common sewer tributary to it.
14. “Natural outlet” shall mean any outlet,
including storm sewers, and combined sewer overflows, into a watercourse pond,
ditch, lake, or other body of surface or groundwater.
15. “Residential user” shall be defined as a
user who occupies a singular place of domicile for his home and residence. A
singular place of domicile means, one apartment, one trailer, one mobile home,
one unit of any structure occupied by one family as a residence and home.
16. “Outfall sewer” shall mean a sewer that
receives wastewater from a collecting system or from a treatment plant and
carries it to a final discharge point.
17. “Person” shall mean any individual, firm,
company, association, society, corporation or group.
18. “ph” shall mean the logarithm of the
reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ion, in grams, per liter of
solution. Neutral water, for example,
has a ph value of 7 and a hydrogen ion concentration of 10~7.
19. “Properly shredded garbage” shall mean
the wastes from the preparation, cooking and dispensing of food that have been
shredded to such a degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers, with no particle greater
than ½ inch (1.27 centimeters) in any dimension.
20. “Public sewer” shall mean a common sewer
controlled by a governmental agency or public utility.
21. “Sanitary sewer” shall mean a sewer that
carries liquid and water-carried waste from residences, commercial buildings,
industrial plants, and institutions together with minor quantities of ground,
storm, and surface waters that are not admitted intentionally.
22. “Septic tank” shall mean any properly
sized water-tight receptacle which receives the discharge of sewage or
wastewater and is designed and constructed to:
retain solids, digest organic matter through a period of detention and
allow liquids to discharge into the soil outside of the tank through a system
of open joint piping or from a seepage pit meeting the requirements of the
Uniform Plumbing Code.
23. “Septic tank wastes” shall mean that
portion of the tank contents, including solids, liquids, and combinations
thereof that is periodically pumped and disposed of.
24. “Sewage” is the spent water of a
community.
25. “Sewage collection system” Each, and all, of the common lateral sewers,
within a publicly owned treatment system, which are primarily installed to
receive wastewaters directly from facilities which convey wastewater from
individual structures or from private property, and which include service
connection “Y” fittings designed for connection with those facilities. The facilities which convey wastewater from
individual structures, from private property to the public lateral sewer, or
its equivalent, are specifically excluded from the definition, with the exception
of pumping units, and pressurized lines, for individual structures or groups of
structures when such units are owned and maintained by the City.
26. “Sewer” shall mean a pipe or conduit that
carries wastewater or drainage water.
27. “Slug” shall mean any discharge of water
or wastewater which in concentration of any given constituent or in quantity of
flow exceeds for any period of duration longer than fifteen (15) minutes than
five (5) times the average twenty-four (24) hour concentration or flows during
normal operations and shall adversely affect the collection system and/or
performance of the wastewater treatment works.
28. “Storm drain” (sometimes termed “storm
sewer”) shall mean a drain or sewer for conveying water, groundwater,
subsurface water, or unpolluted water from any source.
29. “Suspended solids” shall mean total
suspended matter (TSS) that either floats on the surface of, or is in
suspension in water, wastewater, or other liquids, and that is removable by
laboratory filtering as prescribed in “Standard Methods for the Examination of
Water and Wastewater” and referred to as non-filterable residue.
30. “Unpolluted water” is water of quality
equal to or better than the effluent criteria in effect or water that would not
cause violation of receiving water quality standards and would not be benefited
by discharge to the sanitary sewers and wastewater treatment facilities
provided.
31. “Wastewater” shall mean the spent water
of a community. From the standpoint of
source, it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions, together
with any groundwater, surface water, and storm-water that may be present.
32. “Wastewater facilities” shall mean the
structures, equipment and processes required to collect, carry away, and treat
domestic and industrial wastes and dispose of the effluent.
33. “Wastewater treatment works” shall mean
an arrangement of devices and structures for treating wastewater, industrial
waste and sludge. Sometimes used as
synonymous with “waste treatment plant,” “wastewater treatment facility,”
“wastewater treatment plant” or “water pollution control plant.”
34. “Watercourse” shall mean a neutral or
artificial channel for the passage of water either continuously or
intermittently.
13.06.015 Billing—Areas designated All of the incorporated area of the City of
13.06.020 Sewer use required generally It is unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner on public or
private property within the City, or in any area under the jurisdiction of the
City, any human or animal excrement, garbage, or any other objectionable waste.
13.06.025 Privies, septic tanks and cesspools
prohibited Except as hereinafter
provided, it is unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, or other facility intended or used for the disposal of
wastewater.
1.
Installation of Sealed Vault
Facilities. Upon recommendation of a
permit by the Water and Sewer Committee and approval of [City Council] of the
City of
2.
Criteria for Approval. Sealed vault facilities may be installed
within the City of
(a) in areas utilized by substantial numbers
of the public upon frequent intervals, and
(b) in situations where the facility would
not be subject to continuous supervision, and
(c) where the provision of water, and/or
sewer, and/or electrical utilities to the site, would be overly expensive when
compared to the frequency of use, and
(d) where the usage would be primarily
seasonal and/or for provisions of services to a recreational gathering
location, and
(e) where public restroom facilities are not
otherwise , and available within a reasonable distance, and
(f) where the property owners or occupants of
the area within 200 feet of the proposed site of the facility do not object
within 15 days of their receipt of written notice of the application.
3.
Notice of Application. The Director of Operations shall mail a
written notice of any application to install a sealed vault facility, whether
from an applicant not a part of the city government, or from a department of,
or entity related to the city government to all persons residing within, or
owning property within 200 feet of the proposed facility site, and not of the
property boundary. The notice shall
describe the character and appearance of the proposed facility, and notify the
recipient of a date not less than 15 days after the mailing of the notice when
that person may either file a written protest with the city, or appear before
the Water and Sewer Committee to register their objection to the proposed installation
of the facility.
4.
Overruling of Protest. If not more than 51 percent of the owners of
properties, (not 51% of the property owned) within 200 feet of the proposed
site of the facility register protests, and the City Council deems it in the
public interest the protest may be overruled and the facility installed. Over ruling the protest requires 6 votes of
the full council to be effective.
5.
Application to Existing
Ordinances. Installation of facilities
under Section 15.24.260 (c) (7) pursuant to permits obtained subsequent to the
effective date of this ordinance are subject to the requirements of this
ordinance.
6.
Facility Requirements. All facilities installed under this ordinance
shall meet all requirements of construction and installation required by the
State of Montana Department of Environmental Quality.
13.06.030 Sewer connection required The owners of all houses, buildings or
properties used for human occupancy, employment, recreation, or other purposes situated
within the City and abutting on any street, alley, or right-of-way in which
there is now located or may in the future be located a public sanitary sewer,
is required at the owner’s expense to install suitable toilet facilities and to
connect such facilities directly to the public sanitary sewer provided that
said public sanitary sewer is within two hundred feet of the property line.
13.06.035 Lift Stations When it is necessary to remove sewage to the
wastewater treatment facility utilizing a lift station this lift station will
be constructed by the developer and will remain the responsibility of the
developer for the operation of the lift station unless otherwise assumed by the
City Council.
13.06.040 Private wastewater use Where a public sanitary sewer is not
available under the provisions of Section 13.06.030 of this Chapter, the
building sewer shall be connected to a private wastewater disposal system
(septic tank) that shall be approved by the Beaverhead County Sanitarian.
13.06.050 Billing Delinquency Sewer bills will be mailed to consumers in
each area on the first day of the month.
These bills will become delinquent on the tenth day of the next month
and written notice of delinquency will be mailed to the consumer. A fee to be set by the City Council after
public hearing shall be assessed against all delinquent accounts. If the sewer
bill is still unpaid ten days following the date of the written notice, a
hand-delivered notice advising the consumer that sewer service will be terminated
the following day. A fee to be set by
the City Council after public hearing will be assessed against the account for
the hand-delivered notice.
13.06.060 Billing - Owners Owners of property served with sewer service
will be held liable for all sewer charges.
Payments will be accepted from tenants, but the owner will not be
relieved of responsibility if the tenant becomes delinquent.
13.06.070 Determination of Sewer Use Fee Sewer use fees will be determined on the
number of gallons of water each consumer uses during the month of January.
The
consumer shall pay as a sewer fee a base rate for the first 5,000 gallons of
water consumed in this month and an additional rate for each 1000 gallons of
water consumed over the 5,000 gallons.
The base rate and the additional rate will be set by a resolution of the
City Council after public hearing. These
rates shall be available on request to all sewer users.
13.06.075
Sewer Construction Fee
Sewer construction fees as set by resolution of the City Council after
public hearing shall be assessed against every sewer user.
13.06.080 Sewer users without water service Every residential and commercial sewer user
who is not connected to City water will be charged the base rate.
13.06.090 Multiple Family Housing Where there are multiple families living in
one premise with only one water hookup to the premise all families will be
charged the base rate.
13.06.100 Part of contract - Consumer duty to know The rules set forth in this ordinance are a
part of the contract entered into by every consumer of City sewer service and
the failure to know the rules will not excuse anyone from the penalty of their
infringement.
13.06.110 Application for service - Permit required No person(s) shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the City and paying the
required fee as established by the City Council after public hearing.
13.06.120 Unauthorized use of sewer prohibited No person, company, business, or corporation
shall knowingly use the sewer system without previously contracted for the
same.
13.06.130 Separate sewers required - Exception A separate and independent building sewer
shall be provided for every building; except where one building stands at the
rear of another on an interior lot and when no private sewer is available or
cannot be constructed to the rear building through an adjoining alley, court,
yard, or driveway then the sewer from the front building may be extended to the
rear building. The sewer department does not and will not assume any obligation
or responsibility for damage caused by or resulting from this type of sewer
connection.
13.06.140 Use of old building sewers Old building sewers may be used in connection
with new buildings only when they are found by the water/sewer department to
meet all requirements of this ordinance.
13.06.150 Cost responsibility All costs and expenses incidental to the
installation and connection of a building sewer shall be borne by the
owner. The owner shall indemnify the
City from any loss or damage that may directly or indirectly be occasioned by
the installation of the building sewer.
13.06.160 Compliance with codes required The size, slope, alignment, materials of
construction of all sanitary sewers and the methods to be used in excavation,
placing of pipe, jointing, testing, the connection of the building sewer into
the public sewer and backfilling the trench shall conform to the requirements
of the plumbing codes or other applicable rules and regulations of the City and
the State of Montana.
13.06.170 Non-waste water prohibited in sewer No person shall make a connection of roof
down spouts, foundation drains, areaway drains, cellar sump pumps, or any other
source of surface runoff or groundwater to a building sewer or building drain
which is in turn connected directly or indirectly to a sanitary sewer unless
such connection is approved by the City for purposes of disposal of polluted
surface drainage.
13.06.180 Inspection and testing before final
connection The applicant for a
building sewer permit shall notify the City water/sewer department when the building
sewer is ready for inspection and connection to the main sewer line.
13.06.190 Excavation safety and restoration All excavations for sewer installation shall
be adequately guarded with barricades and lights so as to protect the public
from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course of the work shall
be restored in a manner prescribed by the City.
13.06.200 Prohibited discharges designated No person shall discharge or cause to be
discharged any of the following described water or wastes to any sanitary
sewer:
A. Any
gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid,
solid or gas.
B. Any
waters containing toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes to contaminate the
sludge of the municipal system, to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals, create a public
nuisance, or create any hazard in or have an adverse effect on the waters
receiving any discharge from the treatment works. Each user which discharges any toxic
pollutants which cause an increase in the cost of managing the effluent or the
sludge of the treatment works shall pay for such incurred costs.
C. Any
waters or wastes having a pH factor lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures, equipment
and personnel of the wastewater works.
D. Solid
or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper
operation of the wastewater facilities such as, but not limited to, ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, underground garbage, whole blood, paunch manure, hair and
fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole
or ground by garbage disposals.
E. Septic tank wastes.
13.06.210 Limited substances designated The following described substances,
materials, waters, or waste shall be limited in discharges to municipal systems
to concentrations or quantities which will not harm either the sewers,
wastewater treatment process or equipment, will not have an adverse effect on
the receiving stream, or will not otherwise endanger lives, limb, public
property, or constitute a nuisance. The
City may set limitations lower than the limitations established in the
regulations below if in its opinion such more severe limitations are necessary
to meet the above objectives. In forming
its opinion as to the acceptability, the City will give consideration to such
factors as the quantity of waste in relation to flows and velocities in the
sewers, materials of construction of the sewers, the wastewater treatment
process employed, capacity of the wastewater treatment plant, degree of
treatability of the waste in the wastewater treatment plant, and other
pertinent factors. The limitations or
restrictions on materials or characteristics of waste or wastewaters discharged
to the sanitary sewer which shall not be violated without approval of the City
are as follows:
A. Wastewater
having a temperature higher than one hundred fifty degrees Fahrenheit
(sixty-five degrees Celsius);
B. Wastewater
containing more than twenty-five milligrams per liter of petroleum oil,
non-biodegradable cutting oils, or product of mineral origin;
C. Wastewater
from industrial plants containing floatable oils, fat or grease;
D. Any
garbage that has not been properly shredded.
Garbage grinders may be connected to sanitary sewers from homes, hotels,
institutions, restaurants, hospitals, catering establishments, or similar
places where garbage originates from the preparation of food in kitchens for
the purpose of consumption on the premises or when served by caterers;
E. Any
waters or wastes containing arsenic, iron, chromium, copper, mercury, zinc, and
similar objectionable or toxic substances to such a degree that any such
material received in the composite wastewater at the wastewater treatment works
exceeds the limits established by the City for such materials;
F. Any
waters or wastes containing odor-producing substances exceeding limits which
may be established by the City;
G. Any
radioactive wastes or isotopes of such half-life or concentration as may exceed
limits established by the City in compliance with applicable state or federal
regulations;
H. Quantities
of flow, concentration, or both which constitute a “slug” as defined in this
chapter;
I. Waters
or wastes containing substances which are not amenable to treatment processes
employed, or are amenable to treatment only to such a degree that the
wastewater treatment plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters;
J.