4800 West 92nd Avenue Westminster, CO 80031

City Government

 

7. Water Regulations

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12/13  

CHAPTER 7

WATER REGULATIONS

8-7-1: DEFINITIONS
8-7-2: TAP PERMIT REQUIRED
8-7-3: WATER TAP FEES AND CREDITS
8-7-4: SPECIFICATIONS
8-7-5: MODIFICATION OF WATER TAPS
8-7-6: APPLICABILITY OF CHAPTER; RULES GOVERNING SUBDIVISIONS
8-7-7: WATER RATE SCHEDULE
8-7-8: COMPUTATION OF RATE
8-7-9: DELINQUENT PAYMENTS AND SERVICE CHARGES; LIEN ON PROPERTY
8-7-10: INACTIVE ACCOUNT; REACTIVATION
8-7-11: WHEN DEPOSIT REQUIRED
8-7-12: UNAUTHORIZED USE OR TAMPERING PROHIBITED
8-7-13: DUTY OF CONSUMER
8-7-14: BUILDINGS OCCUPIED BY MORE THAN ONE TENANT; OWNER TO PAY; EXCEPTIONS
8-7-15: VARIANCE; CITY MANAGER AUTHORITY
8-7-16: USING WATER FROM ANOTHER CONNECTION PROHIBITED; ADDITIONAL FEE
8-7-17: POLLUTION OF WATER PROHIBITED
8-7-18: USE OF WATER; SUPERINTENDENT TO SUPERVISE
8-7-19: USE OF WATER DURING FIRE
8-7-20: WHEN TAPPING REQUIRED
8-7-21: ACQUISITION OF WATER RIGHTS
8-7-22: REPEALED BY ORDINANCE NO. 3683
8-7-23: CREDIT FOR OVERCHARGE
8-7-24: WATER SHORTAGE OR DROUGHT
8-7-25: WASTE OF WATER
8-7-26: METER SET INSTALLATION REINSPECTION FEE
8-7-27: CROSS CONNECTION AND BACKFLOW CONTROL
8-7-28: VIOLATIONS AND PENALTIES

8-7-1:  DEFINITIONS:  When used in the Chapter, the following words and phrases shall be interpreted as follows, unless the context clearly indicates otherwise:  (592 828 959 2080 2257 2634 2836 2956 3306 3546)

ATTACHED SENIOR HOUSING UNIT:  An attached residential dwelling unit within a housing project restricted to persons sixty (60) years of age or over, as may otherwise be determined by Council.

CITY MANAGER:  Means the Manager of the City of Westminster, Colorado, or his designee.

CONSUMER:  Any person, firm or corporation receiving water from the City waterworks.

DWELLING UNIT:  A single unit providing complete independent living facilities for one or more persons including permanent provisions for sleeping, eating, cooking and sanitation.

MAINS:  The main pipes and connections forming a part of the City waterworks.

METER:  The device, appropriate to the premise served, installed to measure the amount of water passing through it, with an accuracy of between ninety five percent (95%) and one hundred one percent (101%) of actual quantities delivered. The term shall also include detector devices for water passing through fire service lines.

METER SERVICE CHARGE:  The fee for maintaining the meter, reading the meter, periodically billing the account, and processing payments.

MOBILE HOME:  Any dwelling unit built on a permanent wheeled chassis exceeding either 8 feet in width or 32 feet in length and designed for long term residential occupancy in a temporary or permanent location which is capable of being towed over public streets or highways as a unit or in sections and duly licensable as such.

MULTI FAMILY:  any residential housing other than single-family detached or single family attached.

RESIDENTIAL IRRIGATION, APARTMENT, TOWNHOME/CONDO, PUBLIC/QUASI-PUBLIC USERS:  Class of water user that includes homeowner's associations, townhouses (four units or more) and condominiums with master meters, apartments (four units or more) City facilities, other public agencies including special districts formed under Colorado Law, schools and churches.

SERVICE COMMITMENT:  The average water service provided to one single family detached dwelling unit.

SERVICE PIPE:  A branch pipe with its fittings and connections through which water is taken.

SINGLE FAMILY ATTACHED:  A single dwelling unit contained in a free-standing structure which has party walls with other structures in which each unit extends from foundation to roof with open space on at least two sides.

SINGLE PASS COOLING SYSTEM:  Air conditioning or air handling systems, including evaporative or refrigerated cooling systems, which deliver used water to a drain or other discharge facility without recycling or further use.

SINGLE-FAMILY DETACHED:  A single dwelling unit contained in a free-standing structure which has no party walls with other structures.

STREET: Any street, avenue, alley, lane or other thoroughfare.

SUBMETERS:  Two or more non-City owned meters installed to measure the amount of water used by individual premises or uses in a multi-premises building, which are placed on the private side of the City meter in order to facilitate individual premise billing or encourage water conservation.

WATER TAP:  An opening or connection in the mains through which water is taken.

8-7-2:  TAP PERMIT REQUIRED:  (1311 2197 2257 2397 2634 2956 3306 3546)

(A) No water tap shall be made on any water main, either public or private, or any other portion of the waterworks of the City without first securing approval therefor.  The application for a water tap permit shall be made in writing upon a form furnished by the City and shall clearly state the tap size, address, and person applying for tap and any other information as the City may reasonably require.

(B Service lines and water meter pits may be installed as part of water main construction, if prior approval has been received from the City. The installation of these service lines and meter pits are subject to inspection and approval by the City and shall be in accordance with adopted City Standards and Specifications.  Every applicant for a tap permit shall be required to obtain a building permit prior to the installation of a water meter by the City.

(C) Payment of the Water Tap Fee shall be made upon the date that a building permit is issued and payment of such fee shall be a prerequisite to the issuance of a certificate of occupancy or the establishment of a permanent water account.  The amount of such fee shall be calculated according to the fee schedule in effect at the time payment is made.  Payment of the Water Tap Fee for an irrigation system, or for any other installation or construction not requiring issuance of a building permit, shall be made at the time of the water tap utility permit application.  When the calculated Water Tap Fee, based on the tap fee schedule in effect at the time of the water meter installation, is different than the Water Tap Fee paid at the time of the issuance of the utility permit, the difference in such fees must be paid prior to the installation of the water meter.  Water taps may not be made without a utility tap permit.  

(D) For existing units, which do not require a certificate of occupancy, if the tap fee paid for the tap permit is lower than the tap fee in effect at the time the water meter is to be set, an additional fee equal to the difference between the fee paid and the fee then in effect shall be paid prior to the installation of the water meter.

(E) All newly constructed buildings and irrigation systems within the City of Westminster that require water service must connect to the City's water supply system.  Private or alternate water supplies are not allowed.

Any property within the City serviced by a private water source must connect to the City's water supply system upon a change of use of the property that requires a change in the land use designation.

8-7-3:  WATER TAP FEES AND CREDITS:  (1129 1217 1311 1365 1456 1527 1664 1788 2097 2123 2257 2298 2440 2634 2956 3281 3306 3546 3646 3683 3712)

(A) FEE CALCULATION:

      (1)    An applicant for a water tap shall pay the fees set forth hereinafter, the total of which shall be known as the Water Tap Fee, or those components that are applicable to the type of tap required by this Chapter.  The Water Tap Fee or portions thereof are due and payable upon issuance of the water tap utility permit unless earlier paid as provided in Section 8-7-2(C).  The Water Tap Fee may consist of the following individual fees.

(a)    Water resources fee, being the share of the cost to provide adequate raw water supply to be utilized by the tap;

(b)    Treated water investment fee, being the share of the utility system related to treating and distributing water to be utilized by the tap;

(c)    Meter connection fee, being the actual City cost for installation of a meter with electronic remote readout device, when applicable; inspection of the tap, service line and meter pit installation; meter testing, when applicable; account and billing activation and other administrative procedures; and

(d)    When applicable, a fire connection fee, being that charge associated with a tap providing fire protection.

    (2)    Water taps, water tap lines, and meters for the same service shall normally be the same size.  If otherwise approved and/or required by the City, the tap and meter may be of different sizes in which case the fee for the meter size shall be paid.  Water taps cannot be issued prior to building and/or tap entitlement approval.  Any exceptions must be approved by the City Manager, i.e., conversion from well to the City water system, pursuant to Section 8-7-15.

    (3)    The base components of the 2013 water tap fees are as follows:

 Water Resources Fee   $10,750
 Treated Water Investment Fee  $10,086
 Meter Connection Fee

 This connection fee is based on installed
 meter size and assessed on a per meter basis. 
 See connection fee chart below.

 Fire Connection Fee  $182.00
 

    (4)    The connection fees based on meter size are as follows:

 METER SIZE
 (INCHES)
 CONNECTION
 CHARGE*
  5/8"   $321
  3/4"   $321
  1"   $257
  1-1/2"   $257
  2"   $321
  3"   $386
  4"   $451
  6"   $515
  8"   $581

    *Single-family residential connection fees for meters up to three-quarter inch (3/4") include the cost of the water meter, which is supplied by the City.  All other connection fees do not include the cost of the water meter, which is supplied by the customer.    

    (5)    Each year, the water tap fee and its individual components in subsection (3) shall be automatically increased in accordance with the Consumer Price Index (CPI) for the previous calendar year as estblished for the Denver metropolitan area.  The meter connection fee in subsection (4) may also be adjusted separately at any time, when necessary, to reflect the full cost of said connection to the City.

    (6)    The water resources and treated water investment components of the Water Tap Fee for City owned facilities may be implemented at rates below 100% at the direction of the City Manager or his designee.

(B) RESIDENTIAL WATER TAPS:  The following regulations apply to residential water taps:

    (1)    The residential Water Tap Fee is based on a standard 3/4"meter size and is assessed on a per-dwelling-unit basis.   One single-family detached dwelling unit served by a standard meter has an assumed average annual water usage of 140,000 gallons per year (one (1) service commitment).

    (2)    The ratio of the average annual water usage of each dwelling unit type to the water usage of a single-family detached unit establishes the service commitment factor (SC factor).  The service commitment factors are listed in the following chart:

 Residence
 Type
 Single
 Family
 Detached
 Mobile
 Home
 Space

 Single
 Family
 Attached
 Unit

 Multifamily
 Unit
 Attached
 Senior
 Housing Unit
 SC factor  1.0  1.0  0.7  0.5  0.35

    (3)    The residential tap fees shall be calculated by applying the respective SC factor to both the water resources fee and the treated water investment fee on a per unit basis plus the applicable meter connection fee, on a per meter basis, plus any applicable fire connection charge.  If a tap and meter larger than the standard 3/4" meter is requested for reasons other than to meet residential fire sprinkler demand for any residential unit, the tap fees shall be calculated using the non-residential treated water investment calculation and SC factor in subsection (C)2 below.

    (4)    No additional tap fees are required for landscaped areas on residential properties that are irrigated by the water tap for the individual unit or units.  Tap fees for landscaped areas on or adjacent to residential properties, such as common areas, private parks and play areas, medians, and right-of-way strips, not irrigated by individual units shall be assessed as provided hereinafter under subsections (C) or (D) below.

    (5)    Tap fees for clubhouses, swimming pools, and other common buildings or structures shall be assessed as provided hereinafter under subsections (C) or (D) below.

(C) NON-RESIDENTIAL WATER TAPS:  The following regulations apply to non-residential water taps:

    (1)    The City shall review and evaluate each applicant's requested water tap and meter size, and may adjust the requested tap and/or meter size if it determines the projected water usage will be greater than that requested.

    (2)    Every meter size has a corresponding service commitment factor (SC factor) that is based upon multiples of a single-family detached dwelling unit's usage characteristics. The treated water investment fee portion of the tap fee shall be calculated by multiplying the treated water investment fee, in subsection (A)3 above, by the respective SC factor in the following chart:

 METER SIZE
 (INCHES)
 Treated Water Investment
 SC Factor
  5/8"   1.0
  3/4"   1.5
  1"   2.5
  1-1/2"   5.0
  2"   8.0
  3"   17.5
  4"   30.0
  6"   62.5
  8"   90

      (3)    The water resource fee portion of the tap fee shall be calculated based upon the estimated annual consumption, business type, and tap size required using methods and estimates developed by the Public Works and Utilities Department to determine the appropriate water resources service commitment factor, which shall be multiplied by the water resources fee in subsection (A)3 above.

(D) IRRIGATION WATER TAPS:  The following regulations apply to taps for irrigation:

    (1)    Separate irrigation taps and meters shall be required for:

            (a) All residential developments other than a development whose land area consists entirely of single-family detached lots; and
            (b) All non-residential developments having any irrigated landscaped areas.

    (2)    Irrigation tap fees are required based on the area and type of landscaping.  Landscape types are defined as either high water, moderate water or low-water as determined by the Community Development Department.

    (3)    An irrigation water tap shall be used only for irrigation purposes. Each irrigation water tap shall be assigned a service address and billing account in the name of the property owner or manager.

    (4)    The irrigation tap fee consists of the meter connection fee plus the following square footage fees based upon landscape type:
             (a) $2.05 per square foot for high water landscaping requiring an annual application of more than ten (10) gallons of water per square foot;
            (b) $1.02 per square foot for moderate water landscaping requiring an annual application of three (3) to ten (10) gallons of water per square foot;
            (c) $0.51 per square foot for low water landscaping requiring an annual application of less than three (3) gallons per square foot.

(E) FIRE PROTECTION: 

  1. For any water tap which is intended to also provide fire protection, the fire connection fee shall be included in the total water tap fee in the amount provided for in subsection (A) 4 of this Section. 
  2. For any size tap that is determined by the City Manager, or his designee, to provide solely fire protection, only the fire connection charge shall be collected.  The applicant for a fire protection tap shall furnish all materials and labor as specified by the City, including any device required to detect any use of water for purposes other than fire protection.

(F) CONSTRUCTION WATER METERING:  If any water is required for construction purposes, construction water meters must be installed, deposits collected as per Section 8-7-10, and water usage billed at commercial rates as per Section 8-7-7(D).  It is prohibited to install any by-pass or jumper to provide water service without the installation of a water meter as per Section 8-7-12.

(G) PROVISION OF MATERIALS AND LABOR:  For all water taps, the applicant shall furnish all labor and all materials as specified by the City except as provided by this paragraph.  The City shall provide the applicant with a list of required materials and approved suppliers at the time of application.  The City shall provide all 5/8" by 3/4" meters.  All other meter sizes shall be provided by the applicant as specified by the City at applicant's sole cost and must be tested for accuracy by the City before installation.  After payment of all required fees and charges, the City shall install all meters.

(H) TAP CREDITS:

  1. Upon issuance of a tap permit for the first new service tap, a tap fee credit shall be given in an amount to be calculated by subtracting the cost of the current water resources fee and treated water investment fee of the original tap from the current value of the water resources fee and treated water investment fee of the first new service tap.
  2. Treated water service commitment credits shall be calculated based on the tap size of the former tap.  Water resource service commitment credits shall be calculated based on the most recent ten (10) year average annual water consumption through the former water tap.
  3. The amount of credit shall be fixed at the issuance of the first new service tap and may be used for payment for additional service taps that are used on the same property.
  4. When a credit is used for full or partial payment for a new water tap, all other applicable charges shall be assessed using the then current fee schedule in effect.
  5. In no instance shall cash refunds be granted.
  6. No credit shall be given for the meter connection fee or fire connection fee portions of the Water Tap Fee.
  7. If any tap is installed and completed without receiving a utility permit and the proper inspection and approval by the city, no tap fee credit shall be given.
  8. If a demolition or vacation of a unit results in an abandonment of an associated water tap as defined in Section 8-7-5, no tap fee credit shall be granted at the time a new tap permit is issued.
  9. Any service commitments associated with water taps to serve buildings demolished in established urban renewal areas may be transferred as tap credits to an urban renewal authority or the City for use in approved redevelopment projects within that same urban renewal area.

8-7-4:  SPECIFICATIONS:  (A2634 2956 3306)

(A) The City will specify all materials that the applicant is to furnish pursuant to adopted City Standards and Specifications.  All work furnished by the applicant shall be performed by, or under the supervision of, a master plumber.  Meters shall be located only within public rights of way, public easements, or City easements.  Location and grade shall be subject to approval of the City.

(B) Authorization to install any tap or meter may be withheld by the City if the applicant is in violation of any law of the City or in default in any agreement with the City.  It shall be unlawful to use, or permit to be used, any water tap installation until the meter has been set or approved by the City.  Upon approval, the entire installation, including the water meter, shall become the property of the City.

(C) Except as may be provided elsewhere in this paragraph, each separate structure shall have a separate water tap and water meter.  A separate tap and meter must be installed for each single-family detached and single-family attached unit.  An exception may be granted by the City Manager if an additional structure is an accessory use of the principal structure and the accessory use does not exceed one (1.0) Service Commitment.

(D) A separate tap must be installed for each premises, unit or structure served except where two (2) or more premises, units or structures are located on a single subdivided lot under single or condominium ownership, in which case one tap may be permitted.  In this instance, all units must be individually metered or submetered.  An exception may be granted if an additional structure is an accessory use of the principal structure and the accessory use by itself does not exceed one (1.0) Service Commitment.

(E) The provisions of this paragraph and Section 8-7-3 notwithstanding, new developments other than single-family detached or single-family attached shall provide private water meters for each individual unit, commonly referred to as submeters, to encourage water conservation, equitable distribution of utility expenses, and timely correction of plumbing problems.  Submeters shall be the property of the owner who shall be responsible for maintenance, repair and use of submeters.

(F) All meters shall be kept in good repair by the City and shall be and remain the property of the City and under its control.  No meter shall be set so that there shall be more than two feet (2') of exposed unmetered service pipe.

8-7-5:  MODIFICATION OF WATER TAPS:  (1788 2634 2956 3306)  A water tap, once installed, is associated with the building and property that it serves and no person shall disconnect, modify or change said tap in any way, except as provided below:

(A) RELOCATING TAPS:  The disconnection or relocation of a water tap is subject to the following requirements:

  1. Any person disconnecting or relocating a water tap must obtain written permission of the Director of Public Works and Utilities prior to commencing said disconnection or relocation; and
  2. Disconnection of an existing water tap and/or installation of a relocated tap shall meet all requirements of Section 8-7-3 and Section 8-7-4 and shall be completed by the owner at the owners expense; and
  3. Existing water taps may be disconnected and relocated to serve a use or building elsewhere on the same property or moved to serve a use or building on a different property only if both the property served by the existing tap and the property to which the tap is being moved are under the same ownership; and
  4. When a water tap is relocated and applied to the same use with the same pattern and amount of water use, a utility permit and the payment of the connection fee shall be required for the connection.

(B) CHANGE IN USE CONSTITUTING EXPANSION:  A change in use is subject to the following requirements:

  1. A change in use must be reviewed by the City's Building Division using the applicable plumbing code.  Such review will include a fixture unit count evaluation, a water velocity evaluation, and an AWWA guidelines review.   A change in use is presumed to occur when:
(a) The use of the served property is changed to a different use category for zoning or land use purposes, or
(b) Any modifications to the landscape are made that require an ODP, ODP amendment, or ODP waiver, or
(c) Any building or plumbing modifications that require a permit are made to the served property, or
(d) A new or additional water use is introduced on the served property, or
(e) A water tap is relocated and applied to a different use or building on the served property, or
(f) A water tap is relocated to a different property.
  1. If the review of the change in use determines the need for a larger water tap and/or meter than previously purchased for the property, the use will be considered an "Expansion of Use" and the provisions stated in paragraph 3 below apply.
  2. When an expansion of use occurs, a Water Tap Fee in an amount equal to the difference between the current Water Tap Fee for the existing tap and the current Water Tap Fee for the new tap, including the connection fee, serving the new location and/or use shall be paid.

(C) BUILDING DEMOLITION: 

  1. When any building currently having a water tap is demolished, and a building permit for a new building on the same parcel is issued within three (3) years of the last registered water consumption and the new building maintains the same use with the same pattern and amount of water use as the pre-existing building, no new Water Tap Fee shall be required and the new building shall be regarded as being served by the tap in service prior to demolition of the pre-existing building.  However, if the new building requires a meter installation, the current connection fee shall be paid.
  2. When any building currently having a water tap is demolished and no new building permit on the same parcel is issued within three (3) years of the last registered water consumption abandonment will be presumed pursuant to subsection (D) below.

(D) ABANDONMENT:

  1. Water resource service commitments are associated with a tap.  Abandonment of any tap will result in the forfeiture of the associated service commitments.
  2. Any building having a water meter not registering usage for more than thirty-six (36) consecutive months, and for which payment of the monthly meter charge has not been made continuously, shall constitute an abandonment of the associated water tap and service commitment and the meter shall be removed by the City.  Notification of the effective date of the abandonment of the water tap shall be mailed to the last known address of the property owner or manager.  Any subsequent water usage by that building shall require receiving a new service commitment and the purchase of a new water tap.
  3. Upon abandonment of a tap, the consumer or the property owner shall be responsible for returning the meter to the City, and removing the existing service line from the meter pit to the corporation stop at the water main.  An appropriate street cut permit shall be required to assure proper inspection and reconstruction of the street.  In the event the service line is not appropriately removed, the City may remove the same and charge the cost thereof to the real property formerly served and may collect said charges in the same manner provided for in Section 8-7-9, Delinquent Payments and Additional Charges, W.M.C.

8-7-6:  APPLICABILITY OF CHAPTER, RULES GOVERNING SUBDIVISIONS:  (1311 1430)

(A) The provisions of this Chapter shall apply to all applicants.  In the case of subdivisions, housing developments, or other areas where water mains and installations must be extended from the existing water mains to the area of use, the applicant must provide and install the necessary water mains, fire hydrants, valves and fittings for the extension, in addition to complying with all of the provisions of this Chapter.  All such extension installations shall be made under the inspection and supervision of the City.  Upon completion and final approval by the City all such water mains, fire hydrants, valves and fittings incorporated in the extension shall become the property of the City.
 
(B) This formula shall be applied to property owners or developers on each side of the main.  The City of Westminster will be responsible for the fractional cost of that portion of any water main that exceeds sixteen inch (16") diameter.

8-7-7:  WATER RATE SCHEDULE:  (1320 1364 1467 1659 1743 1819 1954 1960 2025 2080 2169 2179 2367 2460 2635 2968 3145 3298 3306 3438 3545 3546 3683)

(A) Except for fire hydrant use for Municipal purposes and water used by the Utilities Division of the Public Works and Utilities Department, all water delivered from the City water system shall be metered, including water used by the City or departments thereof, and the charge therefor shall be as hereinafter set forth.

(B)    RESIDENTIAL:  Three (3) dwelling units or less served by one meter primarily used for residential occupancy shall, in 2013, be charged a six dollars and ninety-three cents ($6.93) per month meter service charge, and shall, in 2014, be charged a seven dollars and twenty cents ($7.20) per month meter service charge plus:

 

2013 Block Rate

2014 Block Rate

Monthly Consumption Range

$2.47 per 1,000 gallons

$2.56 per 1,000 gallons

First 4,000 gallons

$4.08 per 1,000 gallons

$4.24 per 1,000 gallons

5,000 to 20,000 gallons

$6.05 per 1,000 gallons

$6.29 per 1,000 gallons

21,000 gallons and over

 

per unit.  Unit consumption shall be determined by dividing the number of units using one meter. 

 

(C)    RESIDENTIAL IRRIGATION, TOWNHOME/CONDOMINIUM (CONSISTING OF FOUR UNITS OR MORE), PUBLIC/QUASI-PUBLIC USERS:  Shall, in 2013, be charged a monthly meter service charge based on the meter size as listed in Schedule A plus:  five dollars and seven cents ($5.07) per thousand (1,000) gallons, and shall, in 2014, be charged a monthly meter service charge based on the meter size as listed in schedule A plus:  five dollars and twenty-seven cents ($5.27) per thousand (1,000) gallons.

 

Non-irrigation accounts for multiple residential units consisting of four (4) units or more that are not individually metered and that are classified as town homes or condominiums and can demonstrate that they are eighty percent (80%) owner occupied on a complex wide basis shall, in 2013, be charged a monthly meter service charge based on the meter size as listed in Schedule A plus:  four dollars and eighteen cents ($4.18) per thousand (1,000) gallons, and shall, in 2014, be charged a monthly meter service charge based on the meter size as listed in Schedule A plus:  four dollars and thirty-four cents ($4.34) per thousand (1,000) gallons, for all water delivered through the meter.  The Director of Finance is authorized to prescribe and accept such forms of documentation as the Director may deem sufficient to demonstrate an applicant's eligibility for the rate described in this paragraph.  For purposes of this Section, a town home or condominium is a residential unit physically attached to another residential unit and separately owned.

(D)    COMMERCIAL: Commercial users shall, in 2013, be charged a monthly meter service charge based on meter size as listed in Schedule A plus:  five dollars and seven cents ($5.07) per thousand (1,000) gallons for the number of gallons used per monthly billing up to the breakpoint for the meter size listed in Schedule A, and shall, in 2014, be charged a monthly meter service charge based on meter size as listed in Schedule A plus:  five dollars and twenty-seven cents ($5.27) per thousand (1,000) gallons for the number of gallons used per monthly billing up to the breakpoint for the meter size listed in Schedule A.  In 2013, commercial users shall be charged six dollars and seventeen cents ($6.17) per thousand (1,000) gallons for all consumption exceeding the breakpoint on a monthly basis for the applicable meter size as listed in Schedule A, and in 2014, six dollars and forty-one cents ($6.41) per thousand (1,000) gallons for all consumption exceeding the breakpoint on a monthly basis for the applicable meter size as listed in Schedule A.

 

Schedule A

 

Meter

Size

Code

Meter

Size

Number of

Service

Commitments

2013

Monthly

Meter

Service

Charge

2014

Monthly

Meter

Service

Charge

Breakpoint

for Second

Tier Based

on Meter Size

(Gallons)

1

5/8” X ¾"

1

$6.93

$7.20

20,000

2

3/4" x ¾"

1.5

$11.00

$11.44

30,000

3

1"

2.5

$15.15

$15.75

50,000

5

1-1/2"

5

$23.90

$24.85

100,000

6

2"

8

$33.15

$34.47

160,000

7

2" x 5/8"

8

$33.15

$34.47

160,000

8

3"

17.5

$67.80

$70.51

350,000

9

3" x 3/4"

17.5

$67.80

$70.51

350,000

10

4"

30

$79.76

$82.95

600,000

11

4" x 1"

30

$79.76

$82.95

600,000

12

6"

62.5

$123.64

$128.58

1,250,000

13

6" x 1-1/2"

62.5

$123.64

$128.58

1,250,000

14

6" x 3"

62.5

$123.64

$128.58

1,250,000

15

8”

90

$201.03

$209.07

1,800,000

18

10"

145

$279.24

$290.40

2,900,000

20

10" x 12" x 6"

215

$346.25

$360.10

4,300,000

 

(E) CONTINUANCE OF CUSTOMER CHARGES:  Monthly customer charges shall be assessed in all cases including where no water is consumed until such time as City personnel are specifically requested to discontinue water service at the meter, pursuant to Section 8-7-10 of this Chapter.

(F) REBATE:   A seventy-five dollar ($75) rebate shall be given once annually to low-income residential users who submit an application on a form prescribed by the Finance Director.

  1. For purposes of this paragraph, "low income" shall be the current Federal poverty level, plus ten percent (10%).
  2. The Director of Finance is authorized to prescribe and accept such forms of eligibility as the Director may deem sufficient to demonstrate an applicant's eligibility for the rebate provided for in this section.
  3. Such rebate will be paid in the form of a credit applied to the water account of the eligible residential user.

(G) OUT OF CITY CUSTOMERS:  A surcharge of twenty-five percent (25%) will be added to all charges and fees related to the provision of water service to customers located outside the City limits, unless provided otherwise by contract or agreement with the City. 

8-7-8:  COMPUTATION OF RATE:  (1788 2968 3545)

(A) The schedule of water rates shall be applied to water used or consumed as determined by the water meter readings which are made by the City, except as provided in Section 8-7-7.
 
(B) Water meters are to be read to the nearest one thousand (1,000) gallons.  Any meter reading containing a portion of one thousand (1,000) gallons shall be rounded down to the nearest one thousand (1,000) gallons.  The City will charge thirty dollars ($30) to test a residential water meter upon customer's request.  Test of commercial and industrial meters, by customer request, will be as listed in Schedule B.  This fee will be waived if the meter is over-registering.  If the meter is over-registering, the customer will receive a credit for excess charges on the prior twelve (12) months consumption.  If City records indicate a meter change or accuracy test during the twelve (12) months, the credit will apply from the date of the meter change or test.

SCHEDULE B

Meter Model

Meter Size

Test Charge

25

5/8”

$30.00

35

3/4"

$40.00

70

1”

$75.00

120

1-1/2”

$130.00

160 Turbo

1-1/2”

$170.00

170

2”

$180.00

200 Turbo

2”

$210.00

450 Turbo

3”

$460.00

Meters Over 3”

>3”

$460.00

(C) The City will charge twenty-five dollars ($25) to reread a water meter at the customer's request.  This fee will be waived if the first reading was incorrect.  The City will charge twenty-five dollars ($25) for all service trips, including a trip to check the water meter for evidence of a leak.  This fee will be waived if a leak is found at the meter or on the City’s portion of the distribution system.

8-7-9:  DELINQUENT PAYMENTS AND SERVICE CHARGES; LIEN ON PROPERTY:  (1032 1355 2179 2836 2956 3306 3496)

(A) Statements for the rates and charges for the water service shall be dated and sent out to users at regular intervals.  Water meters shall be read within a time frame of 27 to 33 days.  In the event a water bill is not paid by the forty fifth day following the date of the bill, the City Manager, or his designee, shall be authorized to forthwith disconnect service; and the water so disconnected shall not again be reconnected until the delinquent bill and a disconnect charge for turning the water off and for turning the water on have been paid.  Assessment of non-consumption based fees and charges will continue during any shutoff period. 

The number of turn offs and turn ons for an account accumulate over the most recent twelve month period.  If an unauthorized water turn on occurs at a property, an additional turn off/on fee shall be applied and elevate to the next level or remain at the maximum once at the maximum turn off/on fee level, the fee level will not be reduced until a twelve- (12-) month period without turn off's occurs.  An additional turn off/on fee shall be applied when the City turns off any unauthorized water turn on.  Damaged equipment charges are as listed.  Additionally, labor is charged at the then current rate for actual hours of the installation.  The charges for finals (service transfers), damaged equipment, and turn offs and turn ons during the twelve- (12-) month period are as follows:
 

Action/Damage

Residential

All Other Classifications

 First turn off/on fee 

 $30.00

 $30.00

 Second turn off/on fee 

 $60.00

 $60.00

 All additional turn off/on fee 

 $90.00

 $100.00

 Account final  $15.00  $15.00

 Damaged lock

 $15.00

 $15.00

 Damaged can

 $35.00

 $35.00

 Damaged pin

 $10.00

 $10.00

 Damaged 5/8" x 3/4" meter body      $37.00  N/A
 Damaged transponder  $180.00  $180.00
 Damaged service line plugs  $16.00  $16.00

Equipment damaged, but not listed above, will be charged at actual cost to repair and/or replace plus any labor required at the then current rate for actual hours of the installation.

(B) Any account paid with a check subsequently returned by the bank, will be charged a service charge equal to the service charge assessed by Section 1-8-3.  The City may require the customer to make any subsequent payments using cash, certified or bank check, credit card, or money order.

(C) The City shall have as security for the collection of such water service charges and, penalties a lien upon the real property served by such water service, which lien shall become effective immediately upon the supplying of such water and shall not be discharged until the payment is made of all the water service bills, penalties and charges as herein provided.  Such liens shall be governed by Title I, Chapter 31 of the Westminster Municipal Code.

(1) The lien shall include all charges prescribed by this Code relating to the provision of water services, together with the cost of collecting such charges, including court costs and attorneys’ fees.  The lien shall be first and prior to all other liens, claims, titles, and encumbrances, whether prior in time or not, except liens for general taxes, and shall remain a lien upon the real property served by the water connection from the date such charges and the cost of collecting them, if any, become due, until they are paid.
(2) The City may enforce the lien against the property or the liability against the property owner in any action at law or an action to enforce the lien.  If any person in possession of any premises, building, lot, house, or other dwelling unit pays the entire charges due and owing, the payment relieves the property owner from such liability and the premises from the lien.  However, the City is not required to look to any person other than the owner of the premises, building, lot, house, or other dwelling unit for the payment of the charges.

8-7-10:  INACTIVE ACCOUNTS; REACTIVATION:  (3306)  An account may be declared inactive if a request is made in writing by the customer to the City.  Upon being declared inactive, the City shall remove the water meter.  Inactive accounts will not accrue monthly fees.  The customer shall have thirty-six (36) months to reactivate their account, at which time the meter shall be reinstalled and the customer shall pay the current applicable connection fee.  If the account is not reactivated within thirty-six (36) months, abandonment will be presumed and Section 8-7-5(D) shall apply.

8-7-11:  WHEN DEPOSIT REQUIRED:  (953 1892 2968 3306)

(A) The Department of Public Works and Utilities shall collect a deposit fee of an amount equivalent to the value of the metering device for the use of metering devices in connection with temporary water service used in construction and similar activities.  Water use through these meters may be billed as needed based on consumption patterns.  Any outstanding charge for temporary water service shall be deducted from the deposit fee when the meter is returned less a twenty five dollar ($25) administrative fee.  If the meter is not returned by the deadline specified by the city, or is reported as lost, the entire deposit fee shall be forfeited in order to compensate the City for loss of the equipment and for administering this service.  Accounts of non-returned or lost meters shall have an additional amount equal to the value of the meter billed to the customer account for an assumed level of un-billed water registered on the missing meter.

8-7-12:  UNAUTHORIZED USE OR TAMPERING PROHIBITED:  (1251 3306)

(A) It shall be unlawful for any person to tamper with any meter, or to connect to, use, or take any water from the City water or reclaimed water systems without a valid water utility permit and prior payment of all required fees and user charges.  Prohibited use shall include, but shall not be limited to, the use or acquisition of water from fire hydrants, any unauthorized connections to the water system, any unauthorized turn on's of a water meter turned off by the City, and straight through or bypass pipes at the water meter pit.

(B) The charge for unauthorized use of water is a charge of five hundred dollars ($500.00) for the first occurrence, seven hundred and fifty dollars ($750.00) for the second occurrence, and one thousand dollars ($1,000) for the third and additional occurrences within any twelve- (12-) month period to the owner of the property, or in the case of a fire hydrant the entity or individual benefiting from the unauthorized water use, and is in addition to any other charge by the City for water service including estimated labor as described in Section 8-7-9.  Any reasonable expense incurred by the City as a result of unauthorized use or meter tampering will be charged at actual cost for equipment and materials plus any labor required at the then current rate for the action.

All charges for unauthorized use of water and expenses incurred by the City in response shall be assessed to the property owner as lienable amounts as described in Section 8-7-9(C).  The charges increase based on the number of occurrences at all properties under the same ownership within the City.

(C) In billing the property owner or entity benefiting from the water use for water used without authorization, the City may use any reasonable method to determine the amount of water so used including, but not limited to, previous account history, the account history of similar accounts, pipe size and water pressure.

(D) No new tap and/or meter installations will be allowed for any property where there are outstanding unpaid utility fees or charges for any properties within the City under the same ownership.  The City may terminate a person's water service for a prohibited use of the water system.

(E) Advisement to the property owner of charges or expenses for payment shall include the procedure to schedule a hearing if requested.  If a hearing is requested, it shall be scheduled as soon as practical before the City Manager or his designee.

8-7-13:  DUTY OF CONSUMER:  (1311 1936 2956 3306 3683)

(A)    It shall be the duty of the water consumer to use all necessary precaution to keep the meter from freezing and from injury and, if the meter shall be injured by freezing or by carelessness of the consumer, then such consumer shall pay all necessary cost of repairs occasioned by such injury, and failure to pay such cost of repairs shall warrant and authorize the City in turning off the water.

 

(B)    No person owning or possessing, or responsible for the maintenance of, the property on which a meter or fire hydrant is located shall obstruct the meter or fire hydrant in any manner so that access to the meter or fire hydrant is prevented.  If such obstruction is not removed within the period of time prescribed in the notice required in subsection (C) below, the owner or possessor shall be deemed to have consented to the City's entry onto the property for the purpose of removing the obstruction and gaining access to the meter or fire hydrant.  All costs incurred in the removal of the obstruction shall be charged to the water consumer, owner or possessor as prescribed in subsection (D) below.  For the purposes of this Section, the word “obstruct” shall include but not be limited to:

 

(1)         Failure to maintain landscaping around the meter pit or fire hydrant so as to provide at least three feet (3') of unobstructed access to the meter or fire hydrant from the public right-of-way and at least five feet (5') of vertical clearance above the meter pit or fire hydrant;

(2)         Failure to maintain landscaping that exceeds four inches (4”) in height if said landscaping is located within six inches (6”) of the meter pit or fire hydrant;

(3)         Allowing any landscaping to cover the meter pit lid or fire hydrant; or

(4)          Placement of a fence or retaining wall in such a location that the fence or wall will obstruct access to the meter pit or fire hydrant from the public right-of-way.

(C)  If the City Manager finds that any person has failed to comply with any of the requirements of subsection (B) of this Section, the City Manager shall notify the water consumer, owner or possessor of the property by hand delivery or certified mail that he shall be required to comply within fifteen (15) days of the date of delivering or mailing the notice.  In the event of an emergency or shutoff for non-payment, the City may require immediate compliance and assess all charges and expenses to the property owner as described in Sections 8-7-9 and 8-7-12, W.M.C.  

(D)      If the person so notified fails to comply with the requirements of the notice, the manager may cause the work to be done and charge the costs thereof, together with an amount up to twenty-five dollars ($25) for administrative costs, to the person so notified.  Such costs shall be added to the charges for water service, and failure to pay such cost shall warrant and authorize the City in shutting off the water.

8-7-14:  BUILDINGS OCCUPIED BY MORE THAN ONE TENANT; OWNER TO PAY; EXCEPTIONS:  Owners or agents in charge of business blocks or other buildings occupied by more than one tenant using water from the same service pipe, shall be required to apply the water rate for the whole of such buildings, unless a separate meter is installed for each tenant.  (592)

8-7-15:  VARIANCE; CITY MANAGER AUTHORITY:  (3306)  The City Manager or the Manager's designee may vary the requirements of Sections 8-7-2, 8-7-4, or 8-7-5 of this Chapter for a particular property upon a finding that good cause exists to grant said variance.  Any such request for a variance shall be in writing and shall state the grounds for said request, and any variance granted will be in writing signed by the City Manager or the Manager's designee stating the basis therefore.

8-7-16:  USING WATER FROM ANOTHER CONNECTION PROHIBITED; ADDITIONAL FEE:  It shall be unlawful for any consumer to permit water to be taken through his service pipe for the use of any person whose premises are not connected for the use of water from the City's mains unless the consumer shall pay to the City one additional minimum fee for each premises so accommodated, except as provided herein.

8-7-17:  POLLUTION OF WATER PROHIBITED:  It shall be unlawful for any person to throw or cast any substance into any reservoir, well, trench, pipe or drain used in and necessary for the construction, maintenance or operation of the City waterworks system, which may tend to fill up such reservoir or well or to obstruct the flow of water in such trench, pipe or drain, or to pollute the water therein. (592)
 
8-7-18:  USE OF WATER: SUPERINTENDENT TO SUPERVISE:  No water shall be used from the fire hydrants except for the extinguishment of fire or other Municipal use and then only under the supervision of the City.  The Council reserves the right to cause the water to be shut off from the mains when they deem it necessary. The City may for the purpose of cleaning the same, shut off the water at any time; provided, that before the water shall be turned off from any school or other public buildings, the City shall notify the occupant or person in charge of such building. (1311)

8-7-19:  USE OF WATER DURING FIRE:  It shall be unlawful for any person to use water for anything except domestic purposes while the Fire Department is using water for the purpose of extinguishing a fire.  During a period of one hour from and after the sounding of a fire alarm through the use of a fire siren it shall be unlawful for any person to use water for anything except domestic purposes.

8-7-20:  WHEN TAPPING PROHIBITED:  (592 3683) No water taps upon water mains of the City shall be permitted for domestic purposes unless the property for which the tap is made and the residence thereon shall have bath and toilet facilities within the residence so constructed as to comply with all of the requirements of the City regulating the disposal of sewage. 

8-7-21: ACQUISITION OF WATER RIGHTS:  (906 917 1311 3683)

(A) No Municipal water and sewer service will be provided to any undeveloped tract of land within the City if the owner of such land now or hereafter owns water rights which might be acquired and used by the City unless the land owner agrees to sell such water rights to the City at a price not to exceed the then prevailing fair market price.

(B) If for any reason the City does not wish to acquire the water rights under conditions of Section 8-7-21(A), the City Manager shall notify the owner of such rights in writing.  The owner will then be free to sell such rights on the open market.

(C) There is hereby imposed upon the owner of any undeveloped tract within the City the affirmative duty to reveal to the City all such water rights as he may own.

8-7-22:  REPEALED BY ORDINANCE NO. 3683

8-7-23:  CREDIT FOR OVERCHARGE:  (1032 2956)  The City Manager or his designee may give credit to any utility customer that has been overcharged. 

8-7-24:  WATER SHORTAGE OR DROUGHT:  (1223 1311 2956 2971 3546) 

(A) In the event of a water shortage or drought emergency that requires the reduction of the use of water from the water utility, the City Manager shall have the authority to immediately require and implement mandatory reductions as he deems necessary for the protection of the public. Such reductions or water restrictions shall be in effect until such time as the City Council or the City Manager removes them.

(B) In the event of a prolonged drought or other water shortage emergency that may require water restrictions or limitations for more than fifteen (15) days, the City Council may adopt by resolution, a long term water conservation plan that may include, but not be limited to, the following:

(1) Limiting lawn watering to certain days of the week or times during the month.
(2) Prohibiting wasteful water use as determined by City Council and further described in Subsection 8-7-25 (A), W.M.C.
(3) Prohibiting noncommercial car washing and/or sidewalk and driveway washing.
(4) Prohibiting new lawns from being planted or installed.
(5) Rationing the amount of water that can be used by each customer, household and/or business.
(6) Prohibiting any outside irrigation use of water.
(7) Implementing a major public information program on the need to conserve water.
(8) Any other similar restrictions the Council deems necessary.

(C) Any person, corporation, partnership or association who violates any of the provisions, of a long term water conservation plan as adopted by Resolution, shall be punished by a fine or penalty not to exceed one thousand dollars ($1000) and or the installation of a flow restrictor device to limit usage.
(D) Any person subject to a charge for violation of this provision may appeal on a form designed by the City of Westminster.  The City Manager or such other decision maker as may be appointed by the City Manager shall conduct the hearing.

8-7-25:  WASTE OF WATER:  (2956)

(A) WASTE OF WATER IS PROHIBITED.  Waste of water is defined as the intentional or non-intentional use of water for a non-beneficial purpose, and includes:

(1) continuous application of water to any lawn, turf, sodded, or landscaped area resulting in the pooling or flowing of water into drainage or storm drainage facilities;
(2) failure to repair any irrigation system that is leaking;
(3) the use of hoses for washing of vehicles and other outdoor uses, other than irrigation, that are not equipped with a shutoff valve that is normally closed and necessitates hand pressure on the valve to permit the flow of water;
(4) single pass cooling systems.

Notwithstanding the enforcement provisions set forth in this Section, the City Manager, or his designee, may order a shut off of water service to a property if the City Manager, or his designee, reasonably finds that an extreme waste of water is occurring on the premises.

(B) The Director of Public Works and Utilities is hereby authorized to enforce this section.  The person billed for water service to a property, whether owner or occupant, shall be responsible for compliance with Section (A) and (B), within 30 days of the violation notice, unless otherwise specified by the Director of Public Works and Utilities, and shall be subject to the following actions and penalties:

(1) Upon a first violation, the person billed will be advised in writing of the violation and issued a warning for the violation.  The warning shall be in effect for a period of one (1) year from the date of issue.
(2) A second violation within a one (1) year period shall result in the person billed being advised in writing of the violation and a charge of $50.00 will be added to the water bill for the property.  Advisement shall include the procedure to schedule a hearing if requested.
(3) A third or additional violation within a one (1) year period shall result in the person billed being advised in writing of the violation and a charge of $100.00 will be added to the water bill for the property.  Advisement shall include the procedure to schedule a hearing if requested.  In addition, the City Manager, or his designee, may order a suspension of service to the property until all outstanding fines are paid.  Restoration of service shall occur as detailed in 8-7-9.
(4) Upon any notice(s) of violation of this section, a copy of such notice shall also be mailed to the owner(s) of the real property served, if the owner's address differs from the subject property address.

(C) If a hearing is requested it shall be scheduled as soon as practical before the City Manager or his designee.
 
8-7-26:  METER SET INSTALLATION REINSPECTION FEE:  (1453 2968 3306)  Water Tap Fees provide for customary inspection of the meter set only once.  Where additional inspections are made necessary by incomplete or faulty work or incorrect posting by the contractor, a fee of forty-five dollars ($45.00) shall be charged for the second inspection, a fee of ninety dollars ($90.00) will be charged for the third and any additional inspections.  This fee shall be charged to the holder of the permit and paid to the City through the Department of Public Works and Utilities before any additional inspections will be made.

8-7-27:  CROSS CONNECTION AND BACKFLOW CONTROL:  (1711 3306 3683)

(A) DEFINITIONS:  For purposes of this section, unless the context clearly indicates otherwise, the following terms shall be defined as follows:

     1. "Auxiliary Water Supply" means any water supply on or available to the premises other than the approved public potable water supply, including water from another purveyor's public potable water supply or any natural source such as a well, spring, or stream.

     2. "Backflow Prevention Device" means a device or other means designed to prevent backflow or back-siphonage, as follows:

      a. "Air Gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the edge of the vessel from which water overflows, which shall be at least double the diameter of the supply pipe, measured vertically above the top of the rim of the vessel and, in no case less than one inch.  When an air-gap is used at the service connection to prevent the contamination or pollution of the public potable water system, an emergency by-pass shall be installed around the air-gap system and an approved reduced pressure principle device shall be installed in the by-pass system.  
      b. "Reduced Pressure Principle Device" means an assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves.  The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the device.  At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device.  In case of leakage of either of the check valves the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere.  When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere.  
      c. "Double Check Valve Assembly" means an assembly of two independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. 

     3. "Back Pressure" means backflow caused by a pump, elevated tank, boiler or other means that could create pressure within the system greater than the supply pressure. 

     4. "Back-siphonage" means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system, from any source other than its intended source, caused by the sudden reduction of pressure in the potable water supply system. 

     5. "Check Valve" means a self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.  
 
     6. "Cross-Connection" means any physical arrangement connecting a public water supply, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewage, or other waste of liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply are a result of backflow. The term includes bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which, or because of which, backflow could occur.  A controlled cross-connection means a connection between a potable water system and a non-potable water system that includes an approved backflow prevention device which has been properly installed that will continuously afford the protection commensurate with the degree of hazard. 

     7. "Industrial Fluids System" means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply, including:  polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters; oils, gases, glycerine; paraffins; caustic and acid solutions and other liquid and gaseous fluids used for industrial, fire-fighting, or other purposes. 

     8. "Vacuum Breaker, Atmospheric Nonpressure Type" means a vacuum breaker designed so as not to be subjected to static line pressure or installed where it would be under pressure for not more than twelve hours in any twenty-four hour period. 

     9. "Vacuum Breaker, Pressure Type" means a vacuum breaker designed so as not to be subjected to static line pressure. 

     10. "Water-Service Connection" means the terminal end of a service connection where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system.  If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter.  The term shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. 

     11. "Water Supply System" includes two parts:  The Utility System and the Customer System.  The Utility System shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer's system begins.  The source shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system.  The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.  The customer's system shall include those parts of the facilities, beyond the termination of the utility distribution system, which are utilized in conveying utility-delivered domestic water to points of use.

(B) REGULATIONS:

     1. No water service connection shall be installed or maintained by the City unless the water supply is protected as required by State laws and regulations and this Code as required by the City Manager or his designee.  Service of water to any premises may be discontinued by the City, pursuant to Section 8-7-28(B) of this Chapter, if a backflow prevention device required by this section is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, or bypassed, or if an unprotected cross-connection exists on the premises.  Service shall not be restored until such conditions or defects are corrected.  
 
     2. The customer's system should be open for inspection at all reasonable times to authorized representatives of the City Manager to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exists. 

     3. The type of approved backflow prevention device necessary shall be determined according to the existing degree of hazard as set forth in paragraph (4) of this subsection.  Such a device shall be installed at or near the property line or immediately inside the building being served. Such a device shall be installed before the first branch line leading off the service line wherever the following conditions exist: (1711)

     a. The premises have an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the City Manager; 
     b. Any industrial fluids or any other objectionable substance is handled on the premises in a fashion that creates an actual or potential hazard to the public water system, including the handling of process waters and waters origination from the utility system which have been subject to deterioration in quality;  
     c. The premises have internal cross-connections that cannot be permanently corrected and controlled or intricate plumbing and piping arrangements or the entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist.

     4. The type of protective device required under paragraph (3) of this subsection shall depend upon the degree of hazard which exists, as follows:  

     a. In any premise which has an auxiliary water supply which is not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device.  
     b. In any premises where there is water or any other substance that would be objectionable if introduced into the public water system, but would not be hazardous to health, the public water system shall be protected by an approved double check valve assembly. 
     c. In any premises where there is any material that is dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device.  Examples of premises where these conditions may exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.  
     d. In any premises where there are "uncontrolled" cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection.  
     e. In any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line.  An approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. 
     f. All facilities with a high hazard rating may be required by the City Manager or his designee to submit, for approval, plans showing all cross-connection control devices to be installed before a tap permit is granted. 

     5. Any backflow prevention device required pursuant to this section shall be of a model and size approved by the City Manager or his designee.  In order to be approved, the device shall: 

     a. Be manufactured in full conformance with the current standards established by the American Water Works Association;  
     b. Comply with all of the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California; and  
     c. Be certified to be in full compliance with the standards set forth in this paragraph by a testing laboratory which has been approved by the City Manager or his designee. 

     6. The customer-user at any premises where backflow devices are installed shall have certified inspections and operational tests made at least once per year.  In those instances where the City Manager deems the hazard to be great enough, he may require certified inspections at more frequent intervals.  These inspections and tests shall be at the expense of the customer-user and shall be performed by a state certified inspector/tester.  Backflow prevention devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever they are found to be defective. Records of tests, repairs and overhauls shall be kept for a period of two years and made available to the City Manager or his designee.  A copy of the annual inspection is to be sent to the City.

(C) CROSS-CONNECTIONS: No cross-connection between a public water system and any secondary water system shall be permitted.  No person shall permit or maintain a cross-connection between a public water supply and any secondary water system, unless said connection is protected by means of an approved backflow prevention device. 

(D) SPECIFIC SYSTEM REQUIREMENTS (3306)

      1. Irrigation Systems.  Private Plumbing and/or connections are not allowed within a public meter pit or vault.  The only types of backflow prevention devices approved for use in irrigation systems are atmospheric vacuum breakers, pressure vacuum breaker assemblies and reduced pressure backflow preventer assemblies.  No other device or combination of devices will be accepted.  The following guidelines shall apply to backflow prevention devices for irrigation systems:  

     a. An "Atmospheric Vacuum Breaker" shall contain a reliable vacuum relief device, shall be rated to 150 psi working pressure and to water temperatures up to 140 F. 

(i) An "atmospheric vacuum breaker" may not be installed where it will be subjected to either continuous working pressure or backpressure.  It may only be installed downstream of the control valve on "lateral" or "zone" piping, and must be a minimum of six (6) inches higher than the highest head on that lateral zone.  The vacuum breaker shall be installed where it is accessible for periodic testing and where slight spillage would not be objectionable. 

     b. "Pressure Vacuum Breaker Assembled" shall consist of an approved check valve, vacuum relief means, inlet and discharge shut-offs and field testing cocks.  Vacuum breakers shall be rated to 150 psi working pressure and to water temperatures of 150 F, under continuous service. 

(i) A "pressure vacuum breaker" may be installed where it will be subject to continuous pressure, but shall not be installed where it would be subject to back pressure.  The assembly must be a minimum of twelve (12) inches above the highest head on the entire irrigation system it is protecting so that the installation will preclude back pressure.  The vacuum breaker shall be installed where it will be accessible for periodic testing and where, if spillage occurs, it would not be objectionable. 
(ii) All pipe from the meter through the "Pressure Vacuum Breaker Assembly" and down into the ground to twelve (12) inches minimum depth shall be type K copper, and all fittings and nipples either copper or red brass.  A union shall be installed on the downstream side of the vacuum breaker assembly. 

     c. A Double Check Valve Assembly may not be installed to serve as a backflow prevention device in any irrigation system.  
     d. "Reduced Pressure Backflow Preventer Assemblies" shall consist of two separate check valves and a differential relief valve, inlet and discharge gate valves, testing cocks and a wye-strainer on the inlet side.  A union or similar device which will allow removal of the assembly is required, and both check valves and the differential relief valve shall be so constructed that they may be serviced without removing the device from the line.  The backflow preventer shall be rated to 150 PSI working pressure and to water temperate of 140 F, under continuous service. 

(i) A "reduced pressure backflow preventer assembly" may be installed under continuous pressure service and where it could be subject to back pressure.  This device is generally considered the best protection of all backflow devices.  Where fertilizer or other harmful chemicals may be introduced into the irrigation system, and under certain other circumstances, the "reduced pressure backflow preventer" may be the only acceptable device. 
(ii) A "reduced pressure backflow preventer" does not provide protection if it is under water or other liquid, and therefore shall not be installed underground unless drainage out of the vault is certain and adequate.  If installation is to be above ground, a vandal-resistant device shall be selected, and major spillage shall always be allowed in an area where spillage can be seen, but would not be objectionable.  The assembly shall be located so that it may be tested periodically.  Regarding manufacturer and models of these devices which are approved, the City follows the recommendations of the latest adopted edition of the International Plumbing Code. 

     2. Fire systems

     a. The Chief of the Fire Department, or his designee, shall have the authority to review the plans submitted for fire protection systems, approve the system installed, inspect the system and enforce the fire systems section of this ordinance.  
     b. Whenever practicable, water systems for fighting fire derived from a supply that cannot be approved as potable shall be kept wholly separate from drinking water pipelines and equipment.  Where the domestic water system is used for both drinking and fire fighting purposes, approved backflow prevention devices shall be installed to protect individual drinking water lines that are not used for fire fighting purposes.  
     c. Fire protection systems are classified as low hazard, moderate hazard or high hazard, as follows: 
(i) A low hazard system is a single non-pumped system serving a building with a maximum height of thirty (30) feet or a dry system.  Backflow prevention devices required for a low hazard system are single detector check meter, alarm check valve or single soft seat check valve. 
(ii) A moderate hazard system is any wet system without corrosion prohibition or freeze protection chemicals.  This may include systems with pumper connections, in-line booster pumps, private hydrants, or looped system.  Backflow prevention devices required for a moderate hazard are approved double check valve assembly or approved detector double check valve assembly. 
(iii) A high hazard system is any system where an auxiliary water supply is permanently connected to the fire system, corrosion, prohibition or antifreeze chemicals are used or a foamite installation is used.  The backflow prevention device required for a high hazard is an approved reduced pressure principle backflow device.

     d. It is hereby declared that it is the responsibility of the person causing the introduction of unapproved or unsafe water into the City's pipelines during an emergency to see that a procedure to notify and protect users of this piping system during the emergency is developed and implemented and that special precautions be taken to disinfect thoroughly and flush out all pipelines which may have become contaminated before they are again used to furnish drinking water. 

     3. Equipment taking water from the utility water system. 

     a. Any vehicle for construction, maintenance or any other use used to store water taken from a utility water supply system shall be equipped with an air gap or an approved protective device.  This shall apply to street sweepers, sanitary sewer cleaners (jet trucks), tank trucks, fire trucks, and any other equipment that utilizes water from the utility system and that could also be used to draw or store another substance. 

8-7-28  VIOLATIONS AND PENALTIES:  (1711 1803 2126)

(A) The cost to clean up a contamination of the City's water supply up to and including the waterline replacement shall be the sole responsibility of the person causing the contamination.

(B) The City shall notify the owner, or authorized agent of the owner, of the building or premises in which there is found a violation of this Chapter.  The notice shall set a specific time for the owner to have the violation removed or corrected.  If the owner fails to correct the violation in the specified time, the City Manager may, if in his judgement an imminent health hazard exists, request that the water service to the building or premises be terminated.  Additional fines or penalties may also be invoked following termination of service.

(C) Any person, corporation, partnership or association who is found guilty of a violation of any of the provisions of this Chapter shall be punished by a fine or imprisonment or both such fine and imprisonment pursuant to the limits established in Section 1-8-1 of this Code.  Any violation of this Chapter shall be a criminal offense.  Each and every twenty-four hour continuation of any violation shall constitute a district and separate offense.

 

 

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