Public Utilities
CHAPTER 1: WATER USE AND REGULATIONS
SECTION:
7-1-1: Hanksville Town Water System
7-1-2: Public Works Director Position and Duties
7-1-3: Applicability
7-1-4: Connection Required
7-1-5: Applications For Connection And Service
7-1-6: Rates And Fees; Active Duty Military Discount; Delinquency; Discontinuance Of Service
7-1-7: Disposition Of Fees And Charges
7-1-8: Location Of Private Lines
7-1-9: Facilities In Good Repair
7-1-10: Quality Of Service Pipe
7-1-11: Sprinkling Vehicles
7-1-12: Water Supplied To Motors, Syphons
7-1-13: Scarcity Of Water
7-1-14: Permits For Installation
7-1-15: Extension Of System By Developers
7-1-16: Prohibited Acts And Activities
7-1-17: Damage To Equipment Or System; Liability
7-1-18: Right Of Entry
7-1-19: Nonliability Of Town
7-1-20: Extraterritorial Jurisdiction
7-1-21: Penalty
7-1-1: HANKSVILLE TOWN WATER SYSTEM:
The Hanksville Town Water System is hereby created. It shall administer the operation and maintenance of the culinary water system of the Town.
7-1-2: PUBLIC WORKS DIRECTOR POSITION AND DUTIES:
Created: There is hereby created the position of Public Works Director which oversees the culinary water system.
Powers And Duties: The Public Works Director shall manage and supervise the system pursuant to the provisions of this Ordinance and pursuant to resolutions, rules and regulations adopted by the Town Council from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the Mayor relating to the water system. All of the functions and activities of the Public Works Director shall be carried on under the direction of the Mayor or council member appointed by the Mayor.
7-1-3: APPLICABILITY:
When the term “water” is used in this Ordinance, including its use in the application for water revenue embodied in this Ordinance, it shall be deemed to apply specifically and exclusively to culinary water furnished under this System.
7-1-4: CONNECTION REQUIRED:
A water connection shall be required for each individual unit as established in Hanksville Town. For the purpose of this chapter, an "individual unit" is defined as a separate residence, building, commercial establishment, summer or recreational or other similar unit for use or served by culinary water, whether or not maintained in a single group, such as apartments or condominiums. Each separate unit shall be required to pay the minimum rates herein specified.
7-1-5: APPLICATIONS FOR CONNECTION AND SERVICE:
Application for New Water Service From Hanksville Town Water System: Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the culinary water system, shall file with the Hanksville Town Water System for each such connection, a written and signed connection application form as is on file in the Town Office.
Application By Subdivider, Developer: Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement, which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required, all of which shall be fixed by the Town and paid by the applicant.
Nonowner Applicant; Agreement Of Owner: Application for water service made by the tenant of any owner must, in addition to the above requirements, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in such form as is on file in the Town Office.
Nonresident Application: Application for a connection outside the corporate limits of Hanksville Town shall be required in such form as is on file in the Town Office.
Application for Water/Sewer Services for Existing Hanksville Connections: Application for a new user of an existing connection.
Application Bulk Water Services Hanksville Public Works: Application for the purchase of bulk water from a designated hydrant, typically from a business entity.
7-1-6: RATES AND FEES; ACTIVE DUTY MILITARY DISCOUNT; DELINQUENCY; DISCONTINUANCE OF SERVICE:
Set by Town Council: The rates, penalty fee for delinquency in payment, connection fees, inspection fees, reconnection fees and other charges incidental to the connection and services from the Town's culinary water system shall be fixed from time to time by resolution enacted by the Town Council. The Town Council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for culinary water services and all other rules necessary for the management and control of the System. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. Rates may be established at different levels for premises outside the corporate boundaries of the Town.
The minimum monthly charge shall entitle the user to twenty five thousand (25,000) gallons of culinary water per month. The minimum charge shall be applicable to seasonal, temporary, inactive, as well as active connections to the System for both residential and commercial and may be regarded as a “demand” charge based upon capital investment to make service available at each point of connection and therefore peremptorily assessed although no water may be utilized at the premises in any given month.
Charges for uses exceeding twenty five thousand (25,000) gallons per month shall apply for each one thousand (1,000) gallons over twenty five thousand (25,000) gallons.
Upon special request of the user, water service may be temporarily disconnected by the Public Works Director, and user fees may be waived during the time period of inactive service. A Reconnection Fee shall be imposed when service is again activated by the Public Works Director.
Special Rates: The Town Council may, from time to time, fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the System under exceptional circumstances, upon such terms and conditions as they may deem proper.
Active Duty Military Discount: Upon special request of the user, the Town may suspend all fees and charges to the primary residence of Service members on active duty orders if proof of orders are presented to the Town Council. Regular fees and charges will resume one (1) week after the end date of active duty orders.
Delinquency; Discontinuance Of Service:
Statement: The Town Clerk or Public Works Director shall mail or otherwise deliver to the address as appears on the application or as changed by written request of applicant, a written statement outlining the amount of water service charges assessed for the prior month or other intervals as the Town Council shall direct.
Payment Date: The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within thirty (30) days from the date due, the Town Clerk or Public Works Director shall give the consumer notice in writing of intention to discontinue the service to the consumer unless the consumer pays the bill in full within five (5) days from the date of notice.
Disconnection; Reconnection: If the culinary water service is thereafter discontinued for failure to make payment to either culinary water or sewer services, then before the water service to the premises shall again be provided, all delinquent charges and reconnection fees or charges must be paid to the Town or arrangements made for their payment in a manner satisfactory to the Town. A reconnection charge for turning the water on shall be paid before redelivery of water. In addition to such payments and penalties, a delinquent consumer may be required to make and file a new application and pay a new deposit if the previous deposit has been applied to the payment of delinquent bills. The Town Clerk is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the Town, apart from and in addition to the remedies stated in this subsection.
Interest: Delinquencies or amounts associated with the nonpayment for any water service or the initial hookup fee shall bear interest at the rate of one and one-half percent (1.5%) per month from a given due date.
7-1-7: DISPOSITION OF FEES AND CHARGES:
All connection fees and monthly user charges collected under the provisions of this chapter shall be deposited in The Town of Hanksville’s Enterprise Fund and used to meet the operation and maintenance cost of the System; debt service on obligations appertaining to the construction associated with the acquisition or development of the System; and such other allocations as the Town Council may by resolution provide.
7-1-8: LOCATION OF PRIVATE LINES:
Unless prior approval is obtained from the Town, all lines from the main lines to the property serviced shall be contained within the property on which services are to be delivered. Where necessary, the obtaining and the cost of easements shall be the responsibility of the property owner seeking water services from the Town.
7-1-9: FACILITIES IN GOOD REPAIR:
All users of water service shall keep their service pipes, connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the Public Works Director, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.
7-1-10: QUALITY OF SERVICE PIPE:
All service and other pipe used in conjunction with the water services of the Town shall be of such material, quality and specifications as the Town Council may, from time to time by resolution, provide and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting water pipes shall be subject to the acceptance of the water Public Works Director and no connections with any water mains shall be made without first obtaining a permit therefore from the Town.
7-1-11: SPRINKLING VEHICLES:
Vehicles for sprinkling shall be regulated and controlled by the water Public Works Director.
7-1-12: WATER SUPPLIED TO MOTORS, SYPHONS:
No water shall be supplied from the pipes of the Town water system for the purpose of driving motor, siphon, turbine or other wheels or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the Town Council.
7-1-13: SCARCITY OF WATER:
In times of scarcity of water, whenever it shall in the judgment of the Mayor and Town Council be necessary, the Mayor shall, by proclamation, limit the use of water to such extent as may be necessary. It shall be unlawful for any person, his family, servants or agents to violate any proclamation made by the Mayor in pursuance of this section.
7-1-14: PERMITS FOR INSTALLATION:
It shall be unlawful for any person to lay, repair, alter or connect any water line to the Town culinary water system without first having obtained a construction permit from the officer or the Town Clerk, or from the Public Works Director.
7-1-15: EXTENSION OF SYSTEM BY DEVELOPERS:
Petition Required: Any person or entity desiring to extend the water system of the Town to a project or development, including a subdivision, shall submit a petition to the Town. Said petition shall include a description of the proposed extension, accompanied by maps showing the location of extensions. The petition shall include the applicant's agreement to bear all costs and expenses associated with such extension and the agreement to construct, install and otherwise complete all improvements consistent with minimum standards established by the Town Engineer.
If the Town Council grants the petition, the amount of the costs of making the extension, as certified by the Public Works Director, shall be deposited with theTown Clerk before any work shall be done on such extensions. The deposit shall be made within thirty (30) days, or such other time as the Town Council shall require, after the granting thereof.
At the time the Town Council decides whether or not to grant a petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and the circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
In the event any deposit remains unclaimed for a period of five (5) years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund.
Agreement For Reimbursement: Applicants, other than those proposing new subdivisions, may include in their petition a request that the Town enter into an agreement whereby the applicant may receive reimbursement for a portion of the costs of the extension based on subsequent connections to lines or improvements installed by applicant. If granted, all terms and conditions of reimbursement to the applicant shall be incorporated in a separate written contract outlining the time within which reimbursement would be applicable, the amount of reimbursement per subsequent connection and such other terms and conditions as deemed appropriate and necessary by the Town given the particular facts and circumstances surrounding the application. Unless circumstances warrant special consideration, applicants seeking to extend culinary service lines for the development of a subdivision shall not be entitled to reimbursement for subsequent connections to lines installed by the applicant. It shall be presumed that the applicant will establish prices for lots within the proposed subdivision to recoup the cost of extending water lines to such subdivision.
Compliance With Standards: No water, other than for testing purposes, shall be turned into the new extension and improvements until all work and improvements have been approved by the Town. The Town, at its discretion, may request certification from a qualified engineer stating that all improvements have been installed consistent with the minimum standards established by the Town Engineer and that the improvements otherwise comply with any and all applicable federal, state or local regulations.
Ownership Of Lines, Improvements For Extension:
Any extensions of the system shall be deemed the property of the Town, whether the cost thereof has been borne by someone other than the Town, with or without required permission.
Once accepted and connected to the Town culinary water system, all lines and improvements installed by the developer shall belong to the Town and shall be deemed a part of the Town culinary water system, subject to the Town's rights to regulate its use.
7-1-16: PROHIBITED ACTS AND ACTIVITIES:
Water To Secondary Buildings, Locations: Once services have been delivered to a consumer pursuant to properly submitted applications, said consumer shall not conduct or transmit water to secondary buildings or locations not covered by prior application without making additional application for water service or obtaining written approval from the Public Works Director, which approval may be made subject to special conditions as deemed necessary by the Public Works Director or the Town Council.
Use Without Payment: It shall be unlawful for any person or entity to utilize the culinary water system without proper payment therefore. It shall be unlawful to open any pipe, line, connection, stopcock, valve or other fixtures attached to the system of culinary water supply unless it is done pursuant to proper application and authorization.
Turning On Water After Being Turned Off: It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment or other violations of the ordinances, rules regulations, or resolutions pertaining to the water supply, to turn on or to allow the water to be turned on without authority from the Public Works Director or Town Clerk.
Separate Connections Required: It shall be unlawful for two (2) or more families or service users to be supplied from the same service pipe, connection, water outlet or discharge, unless special permission for such combination usage has been granted by the Town Council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this subsection shall warrant a withholding of water through the service connections until compliance or payment has been made. The property owner shall be liable to the Town for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the Town to require separate pipes or connections at a subsequent time.
Interconnections: No interconnection, cross connection or other joining of the culinary and irrigation systems by any existing or future water user of the Town shall be permitted, and any such interconnection shall be punishable as a Class B misdemeanor as provided in section 1-4-1 of this code. and the owner of record of such property shall bear all costs associated with the destruction and removal of such interconnecting device or apparatus.
Open Discharge Of Pressurized System: There shall be no open discharge of water from the culinary water system which may intermingle culinary water with irrigation water. Any such discharge from the culinary water system shall be a violation of this System and shall be punishable as a Class B misdemeanor as provided in section 1-4-1 of this code. The owner of record of such property found to have any open discharge shall bear all costs required to repair or rectify the violation.
Unauthorized Users: It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water service regularly from his premises or water facilities, either outside or inside his premises.
Faulty Equipment:
It shall be unlawful for any water user to:
Waste water;
Allow it to be wasted by open stops, taps, valves or leaky pipes, or to allow tanks or water troughs to leak or overflow;
Wastefully run water from hydrants, faucets or stops or through basins, water closets, urinals, sinks or other apparatus;
Use the water for purposes other than for those which he has applied or to use water in violation of the rules and regulations for controlling the water supply.
Waste of Water:
Users of water from the culinary water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the Public Works Director,of any of the officers of the Town, a user of culinary water engages in practices which result in the needless waste of water and continues to do so after the notice to discontinue has been given, the Public Works Director or any officer may refer the matter to the Town Council.
The Town Council may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five (5) days prior to the meeting of the Town Council at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.
A water user whose right to utilize culinary water is being reviewed shall have opportunity to appear, with or without counsel, and present his reasons why his water service should not be discontinued.
After such hearing, the Town Council shall make a determination. If the determination is to discontinue the wasteful water user's service connection, it shall notify him of that decision and of the period during which the service will remain discontinued.
Well Drilling:
It shall be unlawful for any person to drill a well within the Town limits unless it is determined, reviewed and approved by the Town Council that there are geological restrictions in extending connections to the Town water system.
7-1-17: DAMAGE TO EQUIPMENT OR SYSTEM; LIABILITY:
All damages or injury to the lines, meters or other materials of the Town on or near the consumer's premises caused by any act or neglect of the consumer, his guests or invitees shall be repaired by and at the expense of the consumer. The consumer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the Town if required to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the consumer.
It shall be unlawful to injure, deface or impair any part or component of the water system or to cast anything into any reservoir, storage tank or facilities appurtenant or contributing to the culinary water system. It shall be unlawful to pollute any water source, watershed, drainage area or any other area contributing to the culinary water system.
7-1-18: RIGHT OF ENTRY:
Department To Have Free Access: The Public Works Director and his agents shall at all ordinary hours have free access to any place supplied with water service from the Town System for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.
Right Of Entry On Premises Of Water User: All authorized persons connected with the waterworks of the Town shall have the right to enter upon any premises furnished with water by the Town to examine the apparatus, the amount of water used and the manner of use, and to make all necessary shutoffs for vacancy, delinquency or violation of the ordinances, rules or regulations enacted or adopted by the Town.
7-1-19: NON LIABILITY OF TOWN:
The Town shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the Town beyond that provided in the Governmental Immunity Act.
7-1-20: EXTRATERRITORIAL JURISDICTION:
The Town may construct or authorize the construction of waterworks within or without the Town limits, and for the purpose of maintaining and protecting the same from injury and the water from pollution, its jurisdiction shall extend over the territory occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, for fifteen (15) miles above the point from which it is taken and for a distance of three hundred feet (300 ft.) on each side of such stream and over highways along such stream or watercourse within said fifteen (15) miles and said three hundred feet (300 ft.). All ordinances and regulations, including this chapter, are deemed necessary to carry the power herein conferred into effect, and is to enact among other things, an ordinance preventing pollution or contamination of the streams or watercourses from which the inhabitants of the Town derive their water supply, in whole or in part, for domestic and culinary purposes, and this chapter prohibits the construction or maintenance of any closet, privy, outhouse or urinal within the area over which the Town has jurisdiction, and provides for permits for the construction and maintenance of the same, applications for which permits must be made to the Town Council. In granting such permits, the Town Council may annex thereto such reasonable conditions and requirements for the protection of the public health as they deem proper, and may, if deemed advisable, require that all closets, privies and urinals along such streams shall be provided with effective septic tanks or other instrumentalities deemed necessary to prevent possible contamination of the water provided through the System.
7-1-21: PENALTY:
Without altering or diminishing the effect of any other sanction, penalty or consequence provided in this chapter or elsewhere, the violation of, failure to observe, or omission to comply with any provision of this chapter, shall be a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Each day of continued violation shall be a separately punishable offense and this section shall be in addition to any other penalty, sanction, consequence or remedy for enforcement of this chapter.
CHAPTER 2: CONTROL OF BACKFLOW AND CROSS CONNECTIONS
SECTION:
7-2-1: Purpose
7-2-2: Definitions
7-2-3: Responsibilities
7-2-4: Requirements
7-2-5: Discontinuance Of Service
7-2-1: PURPOSE:
Protect the safe drinking water supply of the Town from the possibility of contamination or pollution by requiring compliance with state and local plumbing codes, health regulations, occupational safety and health rules and regulations and other applicable industry standards for water system safety within the consumer's internal distribution system. Compliance with these minimum safety codes will be considered reasonable vigilance for prevention of contaminants or pollutants which could backflow into the public drinking system; and
Promote reasonable elimination or control of cross connections in the plumbing fixtures and industrial piping system of the consumer, as required by state and local plumbing codes, health regulations, occupational safety and health rules and regulations and other applicable industry standards to ensure water system safety; and
Provide for the administration of a continuing program of backflow prevention, which will systematically and effectively prevent the contamination or pollution of all drinking water systems.
7-2-2: DEFINITIONS:
PUBLIC WORKS DIRECTOR: The Council Member in charge of the Water Department of the Town of Hanksville is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this ordinance.
APPROVED:
The term “approved” as herein used in reference to a water supply shall mean a water supply that has been approved by the health agency having jurisdiction.
The term “approved” as herein used in reference to an air gap, a double check valve assembly, a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean an approval by the administrative authority having jurisdiction.
AUXILIARY WATER SUPPLY: Any water supply on or available to the premises other than the purveyor’s approved public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc. or used water or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.
BACKFLOW: The undesirable reversal of flow of water or mixtures of water and other liquids, gasses or other substances into the distribution pipes of the potable supply of water from any source or sources. See terms Backpressure (E) and Backsiphonage (F).
BACKPRESSURE: Any elevation of pressure in the downstream piping system (by pump, elevation of piping, or stream and/or air pressure) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow.
BACKSIPHONAGE: A form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exist at a site in the water system.
BACKFLOW PREVENTER: An assembly or means designed to prevent backflow.
AIR GAP: A physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non pressure receiving vessel. An “approved air gap” shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel - in no case less than one inch (1 in.) or (2.54 cm).
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY: An assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health (i.e., pollutant) or a health hazard (i.e., contaminant). This assembly shall not be used for backflow protection of sewage or reclaimed water.
DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY: An assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. “See Specification Section 10 for additional details). This assembly shall only be used to protect against a non-health hazard (i.e., pollutant).
CONTAMINATION: An impairment of the quality of the water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.
CROSS-CONNECTION: Any unprotected actual or potential connection or structural arrangement between a public or a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connection, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
The term “direct cross-connections” shall mean a cross-connection which is subject to both back siphonage and backpressure.
The term “indirect cross-connection” shall mean a cross-connection which is subject to backsiphonage only.
CROSS-CONNECTIONS - CONTROLLED: A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
CROSS-CONNECTION CONTROL BY CONTAINMENT: The appropriate type of method or backflow protection at the service connection, commensurate with the degree of hazard of the consumer’s potable water system.
HAZARD, DEGREE OF: Either a pollutional (non-health) or contamination (health) hazard and is derived from the evaluation of conditions within a system.
HAZARD - HEALTH: An actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.
HAZARD - PLUMBING: An internal or plumbing typed cross-connection in a consumer’s potable water system that may be either a pollution or a contamination type hazard. This includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays and lawn sprinkling systems. Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels and commercial or industrial establishments. Such a connection, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly.
HAZARD - POLLUTIONAL: An actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard, as defined. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
HAZARD - SYSTEM: An actual or potential threat of severe danger to the physical properties of the public or the consumer’s potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
INDUSTRIAL FLUIDS: Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to:
Polluted or contaminated used waters;
All types of process waters and “used waters” originating from the public potable water system which may deteriorate in sanitary quality;
Chemicals in fluid form;
Plating acids and alkalies;
Circulated cooling water connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances;
Contaminated natural waters such as from wells, springs, streams, rivers, bay, harbors, seas, irrigation canals or systems, etc.;
Oils, gasses, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for fire fighting purposes.
POLLUTION: An impairment of the quality of the water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
WATER - POTABLE: Any public potable water supply which has been investigated and approved by the health agency. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, the health agency has final judgment as to its safety and potability.
WATER - NON-POTABLE: A water supply which has not been approved for human consumption by the health agency having jurisdiction.
WATER - SERVICE CONNECTION: The terminal end of a service connection from the public potable water system, (i.e., where the water purveyor may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system). If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.
WATER - USED: Any water supplied by a water purveyor from a public potable water system to a consumer’s water system after it has passed through the service connection and is no longer under the control of the water purveyor.
7-2-3: RESPONSIBILITIES:
A. Town: Responsibilities of the Town include:
The Town shall be responsible for the protection of the drinking water distribution system from foreseeable conditions leading to the possible contamination or pollution of the drinking water system due to the backflow of contaminants or pollutants into the drinking water supply.
Drinking water system surveys or inspections of the consumer's water distribution system shall be conducted or caused to be conducted by individuals deemed qualified by and representing the Town. Survey records shall indicate compliance with the aforementioned health and safety standards. All such records will be maintained by the Town.
The Town shall notify, in writing, all consumers of the need for periodic system surveys to ensure compliance with existing applicable minimum health and safety standards.
Selection of an approved backflow prevention assembly for containment control required at the service entrance shall be determined from the results of the system survey.
Any consumer, prior to installing a sprinkler system using public drinking water, must notify the Town in writing and receive approval and must comply with state department of health specifications.
It shall be the responsibility of the Town to purchase, install and test the first backflow prevention device or assembly required to comply with this chapter.
B. Consumer:
The consumer shall comply with this chapter as a term and condition of supply and consumer's acceptance of service is admittance of his or her awareness.
C. Plumbing, Contractor Or Installer:
The plumbing official's responsibility to enforce the applicable sections of the plumbing code begins at the point of service (downstream or consumer side of the meter) and continues throughout the developed length of the consumer's water system.
The plumbing official will review all plans to ensure that unprotected cross connections are not an integral part of the consumer's water system. If a cross connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow prevention device or assembly in accordance with the state plumbing code.
Water vacating the drinking water supply must do so via an approved air gap or approved mechanical backflow prevention assembly properly installed and in accordance with the state plumbing code.
7-2-4: REQUIREMENTS:
A. Protection Required: No water service connection to any premises shall be installed or maintained by the public water purveyor unless the water supply is protected as required by state laws, regulations, codes and this chapter. Service of water to consumer found to be in violation of this chapter shall be discontinued by the water purveyor after due process of written notification of violation and an appropriate time suspense for voluntary compliance, if:
A backflow prevention assembly required by this chapter for control of backflow and cross connections is not installed, tested and maintained; or
If it is found that a backflow prevention assembly has been removed or bypassed; or
If an unprotected cross connection exists on the premises; or
If the periodic system survey has not been conducted.
Service will not be restored until such conditions or defects are corrected.
B. Inspection: The customer's system shall be open for inspection at all reasonable times to authorized representatives of the water purveyor to determine whether cross connections or other structural or sanitary hazards, including violation of this chapter exist and to audit the results of the required survey.
C. Existence Of Hazard: Whenever the public water purveyor deems a service connection's water usage contributes a sufficient hazard to the water supply, an approved backflow prevention assembly shall be installed on the service line of the identified consumer's water system, at or near the property line, or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.
D. Type Of Protective Assembly: The type of protective assembly required shall depend upon the degree of hazard which exists at the point of cross connection (whether direct or indirect), applicable to local and state requirements or resulting from the required survey.
E. Presently Installed Assemblies: All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements, be excluded from the requirements of these rules so long as the water purveyor is assured that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance, or when the water purveyor finds that the operation or maintenance of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the local and state requirements.
F. Annual Inspections, Surveys: It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified surveys/inspections, and operational tests made at least once per year at the consumer's expense. In those instances where the public water purveyor deems the hazard to be great, he may require certified surveys/inspections and tests at a more frequent interval. It shall be the duty of the public water purveyor to see that these tests are made according to the standards set forth by the state department of health, bureau of drinking water/sanitation.
G. Testing After Installation: All backflow prevention assemblies shall be tested within ten (10) working days of initial installation.
H. Hazardous Installation: No backflow prevention assembly shall be installed so as to create a safety hazard. Example: Installed over an electrical panel, steam pipes, boilers, pits, or above ceiling level.
I. Water System: The water system shall be considered as made up of two parts, the Water Purveyor’s System and the Consumer’s System.
Water Purveyor’s System shall consist of the source facilities and distribution system; and shall include all those facilities of the water system under the complete control of the purveyor, up to the point where the consumer'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 consumer’s system.
The consumer’s system shall include those parts of the facilities beyond the termination of the water purveyor’s distribution system which are utilized in conveying potable water to points of use.
7-2-5: DISCONTINUANCE OF SERVICE:
If violations of this chapter exist or if there has not been any corrective action taken by the consumer within ten (10) days of the written notification of deficiencies noted within the survey, then the public water purveyor shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the
condition in conformance with the state and Town statutes relating to plumbing, safe drinking water supplies and the regulations adopted pursuant thereto.
CHAPTER 3: WATER IMPACT FEES
SECTION:
7-3-1: Uniform Application
7-3-2: Purpose
7-3-3: Definitions
7-3-4: Findings
7-3-5: Applicability and Amendment
7-3-6: Exemptions
7-3-7: Notice and Hearing Establishing or Increasing Impact Fee
7-3-8: Imposition, Calculation and Collection of Impact Fees
7-3-9: Credits
7-3-10: Conflicts
7-3-11: Severability
7-3-1: UNIFORM APPLICATION:
The Hanksville Town Council as trustees of the Hanksville Town Water System resolve that the Hanksville Town Water System, including subsequently annexed areas, be and is a single service area as allowed by Utah Code Annotated 11-36a-102(20)(a) and the impact fees adopted shall uniformly be applied throughout the Hanksville Town Water System.
7-3-2: PURPOSE:
This ordinance is for the purpose of requiring that existing as well as new development pay for the fair share of public facilities through the imposition of impact fees which will be used to finance, defray or reimburse the Town for all or a portion of the costs of public facilities which serve such development. The amount of the impact fee shall be calculated based on the impact of new development on public facilities.
7-3-3 DEFINITIONS:
CAPITAL FACILITY: The culinary water system of Hanksville Town.
COLLECTION: The point at which the impact fee is actually paid over to the Town.
COMMITMENT: Earmarking impact fees to fund or partially fund capital improvements serving new development projects.
DEVELOPMENT ACTIVITY: Any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates an additional demand and need for the public facility involved.
IMPACT FEE: Any monetary exaction imposed by the Town as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the cost of or repayment of costs previously expended from other Town Funds for capital improvements relating to the project.
NEW DEVELOPMENT OR DEVELOPMENT PROJECT: All development other than residential development projects.
NONRESIDENTIAL DEVELOPMENT PROJECT: All development other than residential development projects.
RESIDENTIAL DEVELOPMENT PROJECT: Any development undertaken to create a new dwelling unit or units.
SYSTEM: The culinary water system of Hanksville Town including but not limited to facilities for storage, treatment and distribution within or outside the Town boundaries.
7-3-4: FINDINGS:
The Town Council hereby finds that:
The Town of Hanksville, Wayne County, Utah (the “Town”) became an incorporated municipality on January 6, 1999. The existing Hanksville Town Water System (the “System”) has been purchased by the Town and was previously developed and operated by a separate water company.
The Mayor and Town Council find that the investment in the System is considerable, the ability to acquire additional water rights is limited and the cost of extending or enlarging the System is consequential.
The Town Council finds that the undeveloped property with the Town boundaries has not contributed to the cost of the System and so long as it remains undeveloped shall not contribute to the cost of the System or the payment of indebtedness incurred to acquire or develop the System because it is anticipated that all contributions to the cost of the System or the indebtedness associated therewith shall be from user rates or fees.
Hanksville is a town having less than five thousand (5,000) in population and is therefore exempt under Utah Code Annotated 11-36-201(2)(e) from the requirement to prepare a Capital Facilities Plan. Notwithstanding said exemption, the Town has caused to be prepared a Capital Facilities Plan with respect to the culinary water system and the same is incorporated by reference herein. The Town finds that the imposition of an impact fee to be applied toward the debt service on the existing culinary water system and to finance improvements to the system as growth and demand requires is in the best interest of the general welfare of the Town and its residents, is equitable and does not impose an unfair burden on new development.
The Town Council makes the additional findings with respect to the imposition of an impact fee as follows:
Impact fees collected pursuant to this article shall not be used to cure existing deficiencies in public facilities.
New residential and nonresidential development imposes increased demand upon Town public facilities.
Planning, economic and demographic studies project that new development will continue and will place ever-increasing demands on the Town to provide public facilities to serve the new development.
To the extent that new development in designated benefit areas places demands upon the public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the general public to the development creating the demands.
7-3-5 APPLICABILITY AND AMENDMENT:
The impact fee herein imposed shall apply to Development Activities as defined herein and in Utah Code Annotated 11-36-102(3).
The Town Council may, by resolution, change the impact fee at any time by a notice and hearing as provided herein.
7-3-6 EXEMPTIONS:
The provisions of this ordinance do not apply to:
Taxes and special assessments;
Fees for processing development applications;
Fees for enforcement of or inspections pursuant to regulatory ordinances;
Fees collected under development agreements;
Fees imposed pursuant to a reimbursement agreement between the Town and a property owner for that portion of the cost of a public facility paid for by the property owner which exceeds the need for the System attributable to, reasonably related to, and roughly proportional to the development;
Fees to mitigate impacts on the environment;
Fees imposed, levied or collected by other governmental agencies including subdivisions of the state and federal government;
User fees or rates imposed for the use of water from the System.
7-3-7 NOTICE AND HEARING ESTABLISHING OR INCREASING IMPACT FEE:
Prior to establishing or increasing any impact fee the Town Council shall hold a public hearing at which oral and written testimony may be given.
Notice of the time and place of the public hearing, including a general description of the proposed action and proposed fees to be implemented shall be posted in at least three (3) public places within the Town at least fourteen (14) days prior to the date of the public hearing. The period of notice commences upon the first day of publication and terminates at the end of the tenth (10th) day.
If the purpose of the hearing is to establish a new fee based on a new Capital Facilities Plan, a copy of said Plan shall be made available to the public at the Town Offices, at least fourteen (14) days prior to the date of the public hearing. If the implementation or change in an impact fee is based on other calculations or data, the same shall, likewise, be made available to the public at the Town Offices at least fourteen (14) days prior to the date of the public hearing.
Town Council action to establish or increase any impact fee shall be taken only by ordinance or resolution.
Any costs incurred by the Town in preparing for and conducting the public hearing may be recovered as part of the impact fees which are the subject of the hearing.
Notice of the public hearing shall otherwise comply with Utah Code Annotated 11-36a-5.
7-3-8 IMPOSITION, CALCULATION AND COLLECTION OF IMPACT FEES:
Except as provided in this ordinance and any amendment to this ordinance the Town shall impose impact fees as a condition of approval of all new development projects. No tentative or final subdivision map, parcel map, grading permit, building permit, final inspection, or certificate of occupancy, or other development permit, may be approved unless the provisions of this section have been fulfilled.
Impact fees shall be imposed by including the following language in any document of development approval:
“Approval of this project is conditioned upon payment to the Town of all applicable impact fees and connection fees.”
Impact fees shall be collected by the Town Clerk at the time, and as a condition of issuance of a building permit. Connection fees shall be collected at the time of application for connection to the System.
7-3-9 CREDITS:
A property owner who dedicates land or agrees to participate in an assessment district or otherwise contributes funds for capital improvement, as defined in this article, may be eligible for a credit for such contribution against the impact fee otherwise due.
The Town Council shall determine:
Whether the contribution meets capital improvement needs for which the particular impact fee has been imposed; and
Whether the contribution will substitute for or otherwise reduce the need for capital improvements anticipated to be provided with impact fee funds; and
The value of the developer contribution. In no event, however, shall the credit exceed the amount of the otherwise applicable impact fee.
Any application for credit must be submitted at or before the time of development project approval on forms provided by the Town. The application shall contain a declaration of those facts, under oath, along with the relevant documentary evidence which qualifies the property owner for the credit.
7-3-10 CONFLICTS:
In the event of a conflict between the provision of this article and the provisions of any other ordinance or resolution establishing or amending impact fees, the provision of this article shall govern.
7-3-11 SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The Town Council declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrase or portions be declared invalid or unconstitutional.
CHAPTER 4: HANKSVILLE SPECIAL SERVICE DISTRICT: SEWER USE AND REGULATIONS
SECTION:
7-4-1: Sewer Department And System
7-4-2: Connection Required
7-4-3: Application for Connection And Service
7-4-4: Fees
7-4-5: Statement of Charges; Delinquency; Disconnection; Restoration of Services; Appeals
7-4-6: Installation and Connection to the System
7-4-7: Pipe Requirements
7-4-8: Access by Department
7-4-9: Prohibited Uses and Regulations
7-4-10: Penalties
7-4-1: SEWER DEPARTMENT AND SYSTEM
Creation: The Hanksville Special Service District (“District”) was created to manage the sewer department. It shall comprise all of the property, equipment and personnel necessary to the maintenance and operation of the Town sewage collection and disposal system. The sewer department shall administer the operation and maintenance of the Town sewer system.
Public Works Director: There is hereby created the position of Public Works Director of the Hanksville Special Service District sewer department.
Duties: The Public Works Director of the Hanksville Special Service District sewer department shall manage and supervise the Town sewer system under the direction of the Town Council which, from time to time, shall by resolution or otherwise, prescribe his powers and duties and direct the manner and frequency with which he shall make reports to the Mayor relating to the sewer system.
7-4-2 CONNECTION REQUIRED
It shall be unlawful for the owner or any other person occupying or having charge of any premises within the Town which is located within three hundred feet (300 ft.) of a sewer main to dispose of sewage therefrom by any means other than by use of the Town sewer system. It shall be unlawful to construct or to continue the use of any other sewage disposal system such as a privy vault, cesspool or septic tank on the property, except by written approval of the Town Council in cases of undue hardship.
It shall be unlawful for the owner or any other person occupying or having charge of any premises within the Town of Hanksville limits to make a new connection to either a sewer main or a water main without connection to the other. It is required, except by written approval of the Board, that all new connections granted by the Board include sewer and water to Hanksville Public Utilities.
7-4-3 APPLICATION FOR CONNECTION AND SERVICE
Agreement: Any person who desires or is required to secure sewer service when such service is available from the Town sewer systems shall apply therefore to the Town and file an application with the Town Clerk.
Non Owner Applicants: Applications for sewer service made by the tenant of an owner must, in addition to the above requirement, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in such form as is on file in the Town Office.
7-4-4 FEES
Service Rates And Connection Fees: The rates, penalty fee for delinquency in payment and connection fees for sewer services from the Town sewer system shall be fixed from time to time by resolution or ordinance of the Town Council. The Town Council may from time to time enact rules for levying, billing, guaranteeing and collecting charges for sewer services and all other rules necessary for the management and control of the sewer system. A single fee will include an allowance for one travel trailer/RV clean-out. Any requests for more than one (1) clean-out will require additional fees set by the Town Council.
Special Rates: The Town Council may from time to time fix by agreement or resolution special rates and conditions upon such terms as they may deem proper for users of the sewer service discharging wastes of unusual characteristics or making use thereof under exceptional circumstances.
Complaints; Corrections: The Town Council is hereby constituted a board of equalization of sewer rates to hear written complaints and make corrections of any assessments or charges deemed to be illegal, unequal or unjust.
Active Duty Military Discount: Upon special request of the user, the Town may suspend all fees and charges to the primary residence of Service members on active duty orders if proof of orders are presented to the Town Council. Regular fees and charges will resume one (1) week after the end date of active duty orders.
7-4-5 STATEMENT OF CHARGES; DELINQUENCY; DISCONNECTION; RESTORATION OF SERVICES; APPEALS
All accounts not paid by the last day of the month will promptly be sent a disconnect notice giving the date disconnection will occur if the amount required is not paid. Any user who shall neglect or refuse to pay the amount due on or before the date due, shall be assessed and levied an account service charge in the amount of five percent (5%) of the outstanding balance due and owing, including delinquency and service charges as designated in the Hanksville Fee Schedule. Disconnection will take place thirty (30) days following notification. After notification takes place, disconnection can be avoided by paying the full arrears due. This notice will state the amount due, due date, and will state that failure to pay the sums owing by the specified date may result in disconnection of culinary water service to the subject property or cap/plug the sewer connection to the property (if water to property is not supplied by Hanksville Public Works) until such time as all sums are paid, subject to the procedures specified below.
In the event the Town retains the services of an attorney or a third party debt collection agency to collect delinquent utility fees, then the Town may charge reasonable collection fees, costs, and/or attorney fees as they are allowed under Utah law.
After an account is disconnected, service will not be restored until:
A reconnect fee is paid. Fees shall be established by resolution of the Town Council.
The full amount due including arrears for all utility service is paid.
Appeal Board: An Appeal Board, consisting of the Town Treasurer and one other administrative employee, will be available to hear the following types of appeals:
Hardship appeals from accounts having a minimum of twelve (12) consecutive months of prompt payment history (payment of each bill by the last day of the month in which payment is due).
Appeals stemming from alleged errors in meter reading or billing procedure.
Right To Hearing: Every customer has the right to an administrative hearing before the Town Council if requested within seventy-two (72) hours of notification that disconnection will take place.
Additional Time Granted; Agreement: If, as a result of an appeal, additional time for payment is granted, a written agreement will be signed establishing amounts and dates of payment.
7-4-6 INSTALLATION AND CONNECTION TO THE SYSTEM
Permit Required: It shall be unlawful for any person to directly or indirectly engage in the laying, repairing, altering or connecting of any drain or sewer pipe connected with or part of the Town sewer system without first having received a permit from the Town.
Licensed Plumber; Exception: It shall be unlawful for any person to connect any drain or sewer pipe with the Town sewer system unless the person is a duly licensed plumber or unless, in the absence of a duly licensed plumber, any proposed connection to, alteration of or change of connection to the sewer system shall be first submitted to the sewer Public Works Director for review and approval. After such approval, the installation or work done shall be subject to inspection by the Public Works Director or his agent.
Connection To Basement: In order to determine the feasibility of connecting a basement or proposed basement to the sanitary sewer, the owner or plumber may make an application for a trial sewer survey, the cost of which shall be as established by resolution of the Town Council. The result of a trial sewer survey shall not constitute a permit to connect to the sewer and is merely for information purposes.
Plumbing Requirements: Permits to connect to the town sewer system shall not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of the building and plumbing codes of the Town.
Revocation Of Permit: All construction permits for sewer connections or installations shall be issued to the plumber who is to do the work or to the owner of the property, subject to the supervision and inspection by the Public Works Director or his agents. The Town Clerk or sewer Public Works Director may at any time revoke a permit because of defective work or because of undue delay in completing the permitted work
7-4-7 PIPE REQUIREMENTS
Good Repair: All users of the sewer services shall keep their service pipes, connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the sewer Public Works Director, shall be allowed to dig into the street for the purpose of removing or repairing any sewer service pipe or main.
Quality Of Service Pipe: All service and other pipes used in conjunction with the sewer services of the Town shall be of such material, quality and specifications as the Town Council may provide, and shall be installed at such distances below ground as may be specified by regulations relating to the sewer department. All work, alterations or extensions affecting sewer pipes shall be subject to the acceptance of the sewer Public Works Director, and no connections with sewer mains shall be made without first obtaining a permit therefor from the Town.
The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections, and the methods to be used in excavating, placing of the pipe, jointing, testing, backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District and the State of Utah. In the absence of code provision or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F Manual of Practice No.9 shall apply
7-4-8 ACCESS BY DEPARTMENT
The Public Works Director and his agents shall at all ordinary hours have free access to all properties, easements and places supplied with sewer services from the Town system for the purpose of examining the apparatus, ascertaining the sewer service being used and the manner of its use.
7-4-9 PROHIBITED USES AND REGULATIONS
Scope: The Town Council shall have power to and retains the right to adopt regulations controlling the manner and circumstances under which the sewer system may be used in addition to the regulatory provisions set forth expressly in this chapter.
Inflammables: It shall be unlawful for any person to injure, break or remove any part or portion of any sewer appliance or appurtenance, or to discharge into a sewer any inflammable gas, gasoline or oil, any calcium carbide or residue therefrom, or any liquid or other materials or substance which will emit an inflammable gas when in contact with water, sewage or fire. Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with a sewer.
Waste From Certain Establishments: The contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses containing inflammable substances, car barns, buildings for the stabling or keeping of horses, cows and other animals, or plants using milk or processing milk products, and all similar establishments shall not be disposed of through connection with a sanitary sewer, unless such contents are discharged into settling tanks properly trapped and vented. The construction of such tanks must be approved by the Town Engineer, and must be subject to his inspection, approval or condemnation before cement is poured and at all times thereafter until completion of such construction. Upon condemnation by the Town Engineer, the sewage from the tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the Town Engineer.
Obstructive Materials: It shall be unlawful for any person to empty or discharge into the public sanitary sewer any garbage, refuse or other similar matter or substance likely to obstruct the sewer, or any substance, solid or liquid other than the waste products for which the sewer is provided.
Drainage Waters And Destructive Materials: It shall be unlawful for any person to connect with a public sanitary sewer any drain or pipe which discharges rainwater, cellar or surface water, acids, alkalies, lye or other injurious liquids, or the contents of any spring, flowing well, creek, ditch or other watercourses. No boiler or heating plant shall be directly connected to the sanitary sewer. The overflow from boilers or heating plants, when cooled to a temperature not to exceed one hundred twenty degrees fahrenheit (120°F), will be allowed to run to a sump, which sump shall be connected to the sewer. The discharge of the contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses which contain inflammable substances, buildings for the stabling or keeping of horses, cows and other animals, and all similar establishments, shall not be made into or connected with a sanitary sewer, unless such contents are discharged into settling tanks properly trapped and vented. Settling tanks shall be constructed of a material approved by the Public Works Director and shall be at all times subject to his inspection and approval or condemnation. Upon condemnation by the Public Works Director, the sewage from said tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the Public Works Director.
Recreational Vehicle Waste Disposal Stations:
Businesses operating recreational vehicle waste disposal stations within the Town shall keep such station locked at all times while not in use and shall provide supervision of all use of RV waste disposal systems.
Any business which operates a recreational vehicle waste disposal station shall be liable for all material dumped in its station.
Destruction Of System: It shall be unlawful for any person to destroy, deface, injure or interfere with the operation of any part or appurtenance of the sewer system. Any person found to be engaging in destructive behavior to the sewer system shall be subject to immediate arrest under charge of disorderly conduct.
Ownership Of Connecting Lines: Unless provision is expressly made for ownership of mains or lines by the owner of the adjacent property by means of written agreement, all mains shall be deemed to be the property of the Town and subject to its absolute control and supervision even though actual installation may have been performed by the owner or resident of the premises. All lines located within private property and to the main is owned by the property owner whose property is served thereby, and the owner or user shall be responsible for the maintenance thereof.
Sewer Manholes: It shall be unlawful for any person to open any sewer manhole without permission from the Public Works Director.
Sewer Cleanouts:
Whenever any sewer cleanout is used, found or uncovered, such sewer cleanout shall be brought into compliance with section 708 of the 2003 international plumbing code.
Such sewer cleanout must be inspected by the Town to ensure that such cleanout complies with the 2003 international plumbing code before the cleanout is finished.
7-4-10 PENALTIES
Except in the case of an emergency, prior to invoking any remedies under this chapter the Town shall first deliver written notice to the person in violation, who shall be given a reasonable period of time, but not less than ten (10) days, in which to cure or abate the violation, or otherwise come into compliance with this chapter.
The Town has authority, without resort to legal process, to take any steps it deems necessary to repair or abate any condition as to the culinary water or wastewater system which constitutes an immediate risk to public health or safety.
Each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the District treatment works shall pay for such increased costs, as determined by the Board.
The Town may assess a civil fine which shall not exceed the sum of two hundred dollars (200 USD) per violation. In the event of continuing or repeat violations, the fine shall be capped at five hundred dollars (500 USD) per day. Each day in which any such violation shall continue shall be deemed a separate offense.
In lieu of civil enforcement, the Town may prosecute any violation of this chapter, which shall be punishable as a Class B misdemeanor, as otherwise provided by Utah law.