Loading...
Update City of Meridian Public Works Dept. Memo RECEIVED SEP 2 32004 City of Meridian City Clerk Office To: Mayor De Weerd & City Council From: Brad Watson, P.E. cc: File, Gary Smith, PE, City Clerk, Stacy Kilchenmann Date: 9/23/04 Re: September 28 City Council Meeting - Continued Public Hearing for Water and Wastewater Fee Update and Ordinance Revisions The following package contains revised information on the proposed updated fees associated with the water and sewer enterprise fund. I have not included the numerous calculation spreadsheets as I did in the May 2004 packet but they are available upon request. The revised fee information is based on the comments and recommendations provided by the Environmental Finance Group, which I handed out to you at the August 24 Council meeting. Included in this packet are: 1. Fee update summary Proposed City of Meridian revised water and sewer ordinances. I did not include the "underline-strikeouf' versions because they were nearly unreadable given all the changes. They are available if you would like to see them. 2. 3. List of all fees being proposed for update. This information was transmitted to the Building Contractors Association and they are aware of the public hearing date. Thank you for your support on this important project. ¡f~ . Page 1 APPENDIX 1 WASTEWATER Assessment Fee Current Fees Treatment: $908 Collection-City Projects: $294 Collection-Subd's.: $378 Total: $1,580 Percent Increase: Updated Fees $899 $373 $953 $2,226 41% WATER Assessment Fee Current Fees Updated Fees Distribution & Supply-City Projects: $540 Distribution-Subd.'s: $164 Total: $704 Percent Increase: $664 $798 $1,463 108% City Comparison of Wastewater Treatment & Cotlectlon System Fees (all fees based upon single famliy dwelling equivalen~ Meridian Meridian Wastewater Fee Component Boise Nampa Lewiston CDA Existing Proposed WOW. Treatment Assessment $188 $455 $871 $1,422 $907 $899 Collection Assessment $1,540 ------~1J~-- $425 $673 $1,327 --Sum:- $1,728 $2,175 $1,296 -----'-$1,422 - $1,580 $2,226 Treatment Capital Charge $1,342 $0 $0 $0 Collection Capital Charge $830 $1,055 $0 _...10..._- Subtotel: $2,172 $1,055 $0 $0 $0 $0 Overall Fee Total: $3,900 $3,230 $1,296 $1,422 $1,580 $2,226 Total Treatment Fee: $1,530 $455 $871 $1,422 $907 $899 Total Collection Fee: $2,370 $2,775 $425 $673 $1,327 9/23/2004 FEE SUMMARY.Oct 04.Brad_W Fee Summary 2004 City of Meridian Water & Sewer Fee Update May 4, 2004; revised 9/8/04 Summary of Proposed Fee Updates Wastewater Ordinance Section Extg. Fee Proposed Fee Assessment 9-4-18 $1580 $2226 Private Sewer System 9-4-32 $20 $1000 Review Private Lift Station By individual By individual O&M agreement aQreement Septage Dump, per 9-4-27.C $33.50 $48.00 1000 gallons Water Ordinance Section Extg. Fee Proposed Fee Assessment 9-1-12 $704 $1463 (1) Meter Adapter Kit 9-1-12 $0 $80 (2) Meter MXU 9-1-12 $0 $85 Transmitter Private Water System 9-1-25 $50 $500 Review Pressurized Irrigation Assessment for 9-1-12,28 $704 $664 Secondarv Connection (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specified and a 2-inch meter will be used when the project is built-out. However, only a 1 1/2 -inch meter is initially needed, requiring the adaptor kit that the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. Water System Damaae Fees Damaae - Item Reoaired Fee 5/8 and % inch anQle valves $14.66 Meter heads $71.59 5/8 x % inch meter $119.25 % inch meter $147.98 1 inch meter $183.41 1 Y. inch meter $385.92 2 inch meter $538.11 3 inch meter $1041.90 4 inch turbo meter $2124.01 4 inch compound $2985.00 Padlock $4.35 X43 meter lid $105.60 s:\public workslbrad_w\public works\depreciation schedule\final\list of updated fees.doc Title 9 Chapter 4 Sewer Use & Service I 9-4-1: POLICY AND PURPOSE: A. Declaration Of Policy: 1. It is hereby declared that the City owns and operates both a Municipal water system and a Municipal wastewater system. It is the policy of the City to operate the sewer system and the water system in conjunction, one with the other, for the mutual benefit of the residents of the City. 2. Additionally, due to the integral nature of the requirement of water to operate the sewer system, violation of the sewer provisions may require termination of water service and to efficiently enforce these sewer provisions, such water termination is specifically authorized and is the policy of the City. (Ord. 477, 4-21-1987) B. Purpose: It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire sewer system which includes the sewer collection system and sewage disposal facilities of the City: 1. To charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the sewer system of the City, which system and facilities consist generally of all pipe lines, conduits, catch basins, manholes, cleanouts, sewer mains, intercepting sewers, outfall sewers, I.ift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewage or sewage by-products; 2. To provide for industrial cost recovery from all industrial users; and 3. To provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available. (Ord. 339, 5-29-1979) 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows: ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972 as administered by the United States Environmental Protection Agency (EPA). BOD: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in , the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20'C), expressed in milligrams per liter (mg/l). Title 9 Chapter 4 -Sewer Use & Service I BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge of sanitary waste inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer. ' CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. COMBINED SEWER: A sewer receiving both storm water runoff and sanitary sewage. FLOW: The. volume of sewage being discharged into the sewage system from all sources including domestic, commercial and industrial uses and infiltration (WW). GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL USERS: Any nondomestic user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, since such entities are subject to federal pretreatment regulations. See Title 9, Chapter 2, "Sewer Pretreatment". INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real properly which is, or proposes to be connected to the sewage system. pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution with a pH value of 7 being neutral. PERSON: Any individual, firm, company, association, society, corporation or group. PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other 2 Title 9 Chapter 4 -'Sewer Use & Service I means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER: A sewer which carries sanitary sewage and to which storm, surface and ground waters are not admitted. SERVICE CONNECTION: The point at which the building sewer connects to the pubiic sewer. SEWAGE OR WASTE MATTER: A combination of the water-carried wastes from residences, business buildings, institutions and industrial estabiishments. SEWAGE TREATMENT PLANT OR WASTEWATER TREATMENT FACILITY: Any devices and system used in the storage, treatment, recycling and reclamation of Municipal sanitary sewage or industrial wastes of a liquid nature to implement section 201 of the Act. Also termed a "Publiciy Owned Treatment Works" (POTW). SEWER: A pipe or conduit for carrying sewage. SEWER USER: Any individual, firm, company, association, society or corporation or group who has connected to the sewer system. SHALUMAY: "Shall" is mandatory. "May" is permissive. SLUG: Any discharge of water, sewage or industrial waste which in. concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes for more than five (5) times the average 24-hour concentration or flows during normal operation. STORM DRAIN (Sometimes Termed Storm Sewer): A sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted water such as cooling water. SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Waste Water" and referred to a nonfilterable residue, ,. WASTEWATER SYSTEM: All facilities for collecting, pumping, treating of sewage and disposal of treated effluent. 3 Title 9 ChaDter 4 -Sewer Use & Service I WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 339, 5-29-1979) WINTER AVERAGE: The average domestic water consumption from approximately November 15 to approximately March 15 as quantified by water meter readings. 9-4-3: APPLICATION OF CHAPTER: The provisions of this Chapter shall apply to all property within the corporate limits of the City, and any special users outside of the corporate limits of the City, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho. (Ord. 339, 5-29-1979) This Chapter shall work in conjunction with Title 9, Chapter 2, Sewer Pretreatment. If requirements, limitations or applications conflict, the more stringent shall be enforced or applied. 9-4-4: CITY AUTHORITY: The wastewater system for the City shall be under the sole and exclusive control of the Mayor and City Council, who may from time to time direct the construction, expansion, extension, repair and maintenance of the wastewater system owned and operated by the City as the necessity of the City may require. The cost of maintenance and repair of the City wastewater system must be paid out of the Enterprise Fund. (Ord. 230, 9-11- 1972) 9-4-5: SUPERINTENDENT OF WASTEWATER: A. Office Created: There is hereby created the office of a Superintendent of Wastewater, who shall, under the direction of the Public Works Director and the Mayor and Council, have charge of such works, mains, laterals, trunk lines, treatment plant, connection of service pipes and conduits and all other matters pertaining to the City wastewater system. The Superintendent shall report to the Public Works Director monthly or as often as required the condition of the wastewater system and make such recommendations as the nature of the service may require. (Ord. 477, 4-21-1987) B. Duties: The wastewater system shall be kept in repair by the Superintendent of Wastewater and no other person, unless authorized by him, shall work on or operate said system or any part thereof. It shall be the Superintendent's duty at all times to maintain said system in such a working condition that the sewage of the City is efficiently and sanitarily carried from the premises of the users of said system and processed in the wastewater treatment plant owned and operated by the City. (Ord. 230,9-11-1972) 9-4-6: RULES AND REGULATIONS: A. Adoption: The City shall have the authority to adopt by resolution such rules and regulations as it shall deem appropriate for the operation, maintenance, repair, replacement, upgrade or extension and charges for said use of the sewer system 4 Title 9 ChaDter 4 -Sewer Use & Service I and wastewater treatment facility as are not inconsistent with the provisions of this Chapter. (Ord. 431, 5-7-1984) B. Amendment: Nothing herein contained shall prohibit the Mayor and Council from amending, altering or adding to the provisions of this Chapter in relation to the sewer service supplied by the City in regard to rates, charges, expansion, alteration, repair or any other matter related to the sewer system, as changed conditions may require from time to time. (Ord. 84,10-8-1956) 9-4-7: AUTHORITY OF CITY AUTHORIZED REPRESENTATIVES: A. Right Of Entry: The City, through its authorized representatives, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of Inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. The City shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers or natural waterways. (Ord. 339, 5-29-1979) B. Observe Safety Rules; Liability Restrictions: While performing the necessary work on private properties referred to in the preceding subsection, the authorized representative of the City shall observe all safety rules applicable to the premises established by the sewer user and the sewer user shall be held harmless for injury or death to any City authorized representative and the City shall indemnify the sewer user against loss or damage to its properly by any authorized City representative and against liability claims and demands for personal injury and properly damage asserted against the sewer user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the sewer user to maintain safe conditions as required in this Chapter or as reasonably required by prudent standards. (Ord. 339, 5-29-1979; amd. 1999 Code) C. Access To Easements: The City, through its authorized representatives bearing proper credentials and identification, shall be permitted to enterall private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewer works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 339, 5-29-1979) 9-4-8: REQUIRED USE OF SEWERS: A. Connection To Public Sewer: The owner or occupant of any house, building or properly used for residential, commercial, industrial, govemmental or recreational use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public sewer of the City is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this Chapter, within sixty (60) days after date of official notice from the City to do so; 5 Title 9 Chapter 4 -Sewer Use & Service I provided, however, that said sewer is within three hundred feet (300') of any property line of the building to be served or common property line in a multiple building development. B. New Subdivision Or Development: The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his subdivision. Additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary in his development which is farthest away from the point at which initial connection is made to the existing City sewer main. C. Prohibited Wastes: It shall be unlawful for any person to place or deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. D. Discharge Of Sewage To Natural Outlet: It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. E. Privies And Septic Tanks: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. (Ord. 477, 4-21-1987) 9-4-9: REGULATIONS FOR USE OF PUBLIC SEWERS: The use of the public sewers of the City shall be in accordance with the following regulations: A. Discharge Of Surface Waters: 1. No person shall discharge or cause to be discharged from any connection any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. 2. Storm water and all other unpolluted drainage shall be Ílischarged to sewers that are specifically designated as storm sewers, or to a natural outlet approved by the City and the entity having jurisdictional authority over the natural outlet. Industrial cooling water or unpolluted process waters may be discharged, complying with the requirements of section 308 of the Act and on approval of the City and the entity having jurisdictional authority over the natural outlet, to a storm sewer or natural outlet. B. Prohibited Discharges: See Title 9, Chapter 2, Section 2, "General Sewer Use Requirements". 6 Title 9 Chapter 4 -Sewer Use & Service I 1. No person shall discharge or cause to be discharged allY of the following described waters or wastes to any public sewers: solid or!viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, concrete, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. 2. No person shall discharge or cause to be discharged substances, materials, waters or wastes if it appears likeiy, in the opinion of the City, that such wastes can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. C. City Authority: 1. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection B2 of this Section, and which, in the judgment of the City, may have a deleterious effect upon the sewage work6, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may: a. Reject the wastes; b. Require pretreatment to an acceptable condition for discharge to the public sewers; c. Require control over the quantities and rates of discharge; and/or d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section ~ 4-21 of this Chapter. 2. If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shali be at the owners expense and subject to the review and approval of the City and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 339,5-29-1979) D. Grease, Oil and Sand Interceptors: Grease, oil and sand interceptors shall be provided at the owners expense when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease or any flammable wastes, sand or other harmful ingredients; except .that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and 7 Title 9 Chapter 4 -Sewer Use & Service I capacity approved by the City and shall be located as to be readily and easily accessible for cleaning and inspection. There shall be one (1) interceptor per user; interceptors shall not serve more than one user unless specifically approved by the City in writing. These interceptors shall be adequately maintained by the owner and are subject to periodic inspection by the City. (Ord. 795, 7-7-1998) E. Maintenance Of Pretreatment Facilities: Where preliminary treatment or flow- equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. If, in the opinion of the City, maintenance by the owner of the pretreatment facility is inadequate, the owner shall provide a maintenance schedule to the City for review and approval. Upon approval of the maintenance schedule, the owner shall commence with the scheduled maintenance and provide documented proof of the maintenance activity to the City. F. Manhole Installation: When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. G. Measurements, Tests And Analyses: All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. H. Special Agreements: No statement contained in this Chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial entity whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial entity. I. Notice Of Violation; Remedial Action: Any property owner or sewer user violating the provisions of this Section shall, upon notice by the City, immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this Chapter. (Ord. 339, 5- 29-1979) 8 Title 9 ChaPt,r 4 -Sewer Use & Service I 9-4-10: PERMISSION TO DISCHARGE OBJECTIONABLE WATER OR WASTES: A. Review And Approval: The admission into the public sewers of any water or wastes having: Biochemical oxygen demand (BOD) greater than 300 mg/l, Chemical oxygen demand (COD) greater than 900 mg/l, Suspended solids in excess of 300 mg/l, shall be subject to the review and approval of the City. B. Pretreatment Provided By Owner: Where necessary, in the opinion of the City, the owner shall provide, at his expense, such pretreatment as may be necessary to reduce the BOD to three hundred (300) mg/l, the COD to nine hundred (900) mgll and the suspended solids to three hundred (300) mg/l. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and of the Idaho Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (Ord. 339, 5-29-1979) 9.4-11: BUILDING SEWERS AND SERVICE CONNECTIONS: All materials and workmanship in the installation of building sewers and service connections shall conform to the following regulations: A. Permit Required: No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. The permit shall not be issued until all sewer assessment charges and other applicable fees have been paid in full. B. Classes Of Permits: There shall be two (2) classes of building sewer permits: 1) a general permit for residential and commercial sewer service, and 2) industrial user permits for sewer service to establishments producing industrial wastes. 1. General Permits: The owner or his agent shall make application to the Public Works Department for general permits. The permit applica'ion shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City at the time the application is filed. Also, the owner or his agent shall pay to the City, at the time the permit is issued, an assessment fee, which shall be established by resolution of the City Council; and 2. Industrial Permits: Industrial user permits shall be applied for by the owner or his agent by letter to the City Council accompanied by an executed copy of the industrial ~ser agreement together with any plans, specifications or other information considered pertinent in the judgment of the City. Industrial user permits shall be approved by the City Council based on recommendation by the Public Works Director. Approval shall be contingent upon the availability of excess capacity in the 9 Title 9 Chapter 4 -Sewer Use & Service I sewage treatment plant, the provisions of this Chapter an~ any other considerations the City Council deems appropriate. The amount of the permit, inspection fee and assessment fee for an industrial wastes sewer service will vary with each permit and shall be established by the City at the time of application. The owner shall pay all fees at the time the permit is issued. C. Costs Borne By Owner; Liability: All costs and expense incident to the installation and connection of the building sewer and service connection shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and the marking of the service connection for same to the public sewer. D. Separate Connections For Each Building: A separate and independent building sewer and service connection shall be provided for every building. Any exception to this requirement shall conform with Uniform Plumbing Code. E. Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are found, on examination and being tested as required by the City, to meet all requirements of this Chapter. F. Conformance With Building And Plumbing Codes: The materials of construction of the building sewer and service connections, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Codes as have been or may be adopted by the City 31 . G. Pipe Size; Building Sewer Grade And Slope: All building sewers shall meet the requirements of the International Building Code or Uniform Plumbing Code. H. Connecting Surface Water Drainage To Building Sewer: No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. I. Service Connection Requirements: The service connection to the public sewer shall conform to the requirements of the International Building Code and Uniform Plumbing Codes as adopted by the City. J. Notify City For Inspection: The applicant for the building sewer permit shall notify the City when the connection to the public sewer to the building sewer is ready for Inspection. K. Guarding Excavations: All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. (Ord. 339, 5-29-1979) 10 Title 9 Chapter 4 -Sewer Use & Service I L. Work Done By Contractor: The connection of the building :¡;ewer service to the public main sewer shall be made by a public works contractor having a valid State of Idaho license for this specialty work. (Ord. 477, 4-21-1987) 9-4-12: INDUSTRIAL USERS: All industrial users of the sewer system shall comply with any appiicable requirements of sections 204(b), 307 and 308 of the Federal Water Pollution Control Act. There shall be two (2) classes of industrial users: a) major contributing industry, and b) minor contributing industry. A. Contributing Industries Defined: The contributing industries are defined as foliows: 1. Major Contributing Industry: A major contributing industry is one that: a. Will contribute greater than ten percent (10%) of the design hydraulic flow of the treatment works. b. Will contribute greater than ten percent (10%) of the design pollutant loading of the treatment works. c. Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Act. d. Has significant impact, either singly or in combination with other contributing industries, on the sewer system or the quality of its effluent. 2. Minor Contributing Industry: A minor contributing industry shall be all industries not included in the major contributing industry classification as defined in subsection A1 of this Section. B. Requirements: 1. Monitoring Wastes: All major contributing industries' wastes shall be monitored by the City or industry on a regular basis at intervals not less than monthly, and more frequently as the characteristics of the specific industrial discharge may dictate. Minor contributing industries shall be monitored by the City or industry as the characteristics of the specific industrial discharge may dictate as determined by the City. 2. Reports To City: All major contributing industries shall submit to the City on the first day of the months of June and December, a statement in writing regarding specific actions taken to achieve full compliance with the requirements of section 307 of the Act. 3. Report Changes In Flow Or Characteristics: Each contributing industry shall report any substantial (exceeding 10%:t) change in flow or characteristics of wastewater being discharged into the sewer system. The report shall include quantity and quality of effluent and duration and frequency of discharge. (Ord. 339, 5-29-1979) 11 Title 9 Chapter 4 -Sewer Use & Service I 9-4-13: INSPECTION AND APPROVAL OF CONNECTIONS: No connection of any kind to a public sewer line shall be made and no sewage permitted to flow through such connection except pursuant to inspection of and approval issued by the City. See Section 9-4-11 of this Chapter for sewer permits, inspection fees, inspection notices, etc. (Ord. 339, 5-29-1979) 9-4-14: REJECTION OF MATERIALS OR WORKMANSHIP: The City may reject any material or workmanship for cause and, upon such order, rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances, excavation, backfilling and other work items. (Ord. 339, 5-29- 1979) 9-4-15: SEWER LINE EXTENSIONS: A. Compliance With Master Plan: All proposed extensions of the Municipal sewer system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the Municipal sewer system, unless otherwise authorized by the Public Works Director. B. Owner Responsible For Costs; Exception: Costs for all extensions which lie .outside the boundary limits of the property for which the extension is requested shall be the responsibility of that property owner or his agent. Cost for sewer extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development. When it is necessary to install oversized lines as part of an extension, the owner may request a reimbursement agreement per M.C.C. 9-4- 19. C. Newly Developed Areas: Unless a special permit is granted by the City, all Municipal sewer system extensions into newly developing areas shall be installed prior to the construction of any new streets. D. Compliance With City Specifications: All design and construction of any extensions to the Municipal sewer system shall comply with the official specifications for sewer system extensions as adopted by the City. E. Preparation And Filing Of Plans: The plans for all extensions to the sewer system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code. Construction may not commence until plans have been approved by the Idaho Department of Environmental Quality as required by the Idaho Code. In approving a plan for extension to the Municipal sewer system, the City reserves the right to stipulate other requirements such as a special permit fee, rights-of-way limits, sequence of construction, time limits for having existing service disrupted, the provision of surety guaranteeing completion and other similar measures as may be required to protect the public. No work shall commence 12 Title 9 Chapter 4 -Sewer Use & Service I on any such extension of the Municipal sewer system until the extension project has been approved by the City. F. Certification By Registered Engineer: After the construction of any Municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer certify to the City and to the Idaho Department of Environmental Quality that the said system extensions were installed in accordance with the approved plans and specifications on file with the respective agencies. Following certification by the registered professional engineer and acceptance by the City, the entire extension of the Municipal sewer system shall become the property of the City and it shall be the City's responsibility to maintain and operate the system thereafter. G. Connections Made After Extension Accepted: If it is necessary for the City to permit a sewer service connection and/or sewer service line at any time after the extension has been originally accepted by the City, the owner or his agent shall be required to pay the sewer assessment fee as well as the standard permit and inspection fees as may be established by the City for such purposes. The owner or agent is responsible for all costs associated with installation of the sewer service connection to the sewer main and the sewer service line. (Ord. 477, 4-21-1987) H. Work Done By Contractor: The installation of all public sewer systems shall be performed and completed by a contractor possessing a valid State of Idaho public works license with the proper endorsement for the work. 9-4-16: BACKFILLING: Backfilling of building sewers and service connections within the limits of public rights of ways or easements shall conform to special specifications promulgated by the Ada County Highway District, for sewer installation, and shall be subject to inspection by and approval of the Ada County Highway District. (Ord. 339, 5-29-1979) 9-4-17: SEWER AND WATER PLANS ADOPTED: A. Adoption Of Plans: The "2004 City of Meridian Wastewater Treatment Plan Facility Plan Update" is adopted as the official planning documents for the City of Meridian wastewater treatment system. The "2003 Sewer Master Plan Update" is adopted as the official planning document for the City of Meridian sanitary sewer collection system. . B. Treatment Requirements: Wastewater collection, treatment, and disposal will comply with State of Idaho Department of Environmental Quality and United States Environmental Protection Agency rules and regulations, (Res. 54, 11-5-1973) 9-4-18: ASSESSMENT AND OTHER FEES: A. Sewer Assessment Fee. Notwithstanding any of the provisions of this Chapter, any person, firm, partnership, corporation or association or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a sewer line, whether that construction has been performed by the City, 13 Title 9 Chapter 4 -Sewer Use & Service I a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall be required to pay, in addition to the required connection charges of subsection 9-4-25B of this Chapter and the monthly user charges of Section 9-4-24 of this Chapter, an additional connection charge which shall be known as an "assessment fee". The assessment fee shall be computed on an "equivalent residential unit", or "ERU" basis. B. Fee Set Bv City Council: The sewer assessment fee for each parcel of ground connected to a trunk sewer line shall be established and set by the City Council. The sewer assessment fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations of effluent quality but shall be as consistent as possible under similar factual circumstances. The sewer assessment fee shall be assessed in terms of equivalent residential units. (Ord. 482, 6c16-1987) C. Wastewater Treatment Assessment Fee. A treatment fee shall be required for every sewer user initiating sewer service, changing use of a property already connected to sewer or increasing the discharged wastewater flow. 9-4-19: COOPERATIVE AND REIMBURSEMENT AGREEMENTS: A. Reimbursement To Sewer User: Should a sewer user at his own expense construct an extension to the sewer system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which sewer line extension has been determined by the City to be able to benefit properties other than the user's, the sewer user constructing the extension may be reimbursed for the proportionate cost of the sewer benefiting adjacent or other properties by entering into an agreement with the City if any of the following apply: 1. The sewer extension lies outside the sewer user's property and provides sewer service to other property; 2. The sewer extension is within the sewer user's property and is a gravity sewer larger than eight-inch diameter; 3. The eight-inch gravity sewer within the sewer user's property is required to be greater than ten (10) feet deep to serve upstream properties. 4. The sewer extension includes a permanent lift station. 5. The sewer extension includes a temporary lift station which the City requires to be oversized to serve adjacent or upstream properties. B. To be eligible for reimbursement, the user must: 1. Design the sewer extension in substantial accordance with the City of Meridian Master Sewer Plan; 2. Receive City approval of the sewer extension construction plans; 3. Construct the sewer extension in accordance with approved plans and City of Meridian standard specifications and details; I 4. Solicit and receive three (3) bids for the sewer extension and select the lowest responsive bid as determined in a bid opening. The user must notify the Public Works Department of the bid opening forty-eight (48) hours in advance and 14 Title 9 Chapter 4 -Sewer Use & Service I provide the opportunity for a Public Works Department representative to attend the bid opening during normal working hours; 5. Receive preliminary plat approval from City Council for the development to be served by the sewer extension. Sewer extensions intended to serve non- subdivision projects, and for which the developer seeks a reimbursement agreement, must receive approval for a reimbursement agreement from City Council prior to construction plan approval by the City. C. Developer Reimbursement Agreements The City shall not be required to enter into a reimbursement agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: 1. No reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement. 2. No reimbursement agreement shall pay to the sewer user paying for or constructing a sewer line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the sewer user's own property. 3. A reimbursement agreement may provide for interest to be paid to the sewer user. 4. The City may charge and may receive a five percent (5%) administrative fee against the amount reimbursable to the sewer user for administration, accounting, auditing, and payment of the reimbursement payments made to the sewer user so extending the sewer line and having reached a reimbursement agreement with the City. 5. The reimbursement agreement shall be personal to the sewer user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld. 6. The agreement will terminate when the user has been fully reimbursed if the agreed upon reimbursement amount is paid prior to the end of the term of the agreement. 7. The agreement shall be binding on the sewer user and his assigns, successors, heirs and executors and may be recorded as an encumbrance against the property of the sewer user. 8. The sewer user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the sewer line has been accepted for maintenance by the City. 9. Said lines, after acceptance, shall become part of the City sewer system and be the sole property of the City. 15 Title 9 Chapter 4 -Sewer Use & Service I D. Methods of Reimbursement The reimbursement to the party constructing off-site or over-size or over-depth sewer will be from the sewer assessment fees owed or paid by the user as required under 9-4-18(B). E. Amount of Reimbursement 1. Offsite Gravity Sewer Extensions. The amount of reimbursement to the user shall be based on the projected proportion capacity that the user's project requires. The amount of reimbursement shall be based on actual construction costs, and may include reasonable engineering, surveying, construction staking, project management and easement acquisition costs. 2. Onsite Gravity Sewer Extensions. The amount of reimbursement to the user constructing "over-size" or "over-depth" gravity sewer shall be based on the percentages in the following table. Only construction costs are eligible for reimbursement for "over-size" or "over-depth" onsite gravity extensions. T bl 1 0 . b P a e nslte Sewer Reim ursement ercentaae 11 )Depth, ft 10" 12" 15" 18" 21" 24" 27" 30" 36" 10 11.5% 25.8% 39.5% 46.5% 50.0% 56.6% 63.5% 67.1% 72.0% 12 17.9% 30.3% 42.5% 48.9% 52.1% 58.2% 64.6% 68.1% 72.6% 14 23.3% 34.3% 45.2% 51.1% 54.0% 59.6% 65.7% 68.9% 73.3% 16 36.1% 43.9% 52.1% 56.6% 58.9% 63.5% 68.5% 71.3% 75.0% 18 39.5% 46.5% 54.0% 58.2% 60.3% 64.6% 69.3% 72.0% 75.5% 20 42.5% 48.9% 55.8% 59.6% 61.7% 65.7% 70.1% 72.6% 76.0% 22 47.7% 53.1% 58.9% 62.3% 64.1% 67.6% 71.6% 73.9% 77.0% 24 50.0% 54.9% 60.3% 63.5% 65.2% 68.5% 72.3% 74.4% 77.5% (1) Depth calculated as average depth from finish grade to pipe invert from manhole to manhole. F. Reimbursement To City: Where the City constructs a sewer line extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its costs of construction, engineering, legal costs and interest. (Ord. 482, 6-16-1987) 9-4-20: BOARD OF APPRAISERS: A. Board Created: There is hereby created the Board of Appraisers, consisting of three (3) members, to be the same persons as the Mayor, the City Clerk and the Public Works Director. B. Duties: The Board of Appraisers shall be delegated the duty of hearing any disputes, objections or appeals by a sewer user regarding assessment fees, monthly user charges or other fees established by this chapter. 9-4-21: SEWER CHARGE APPRAISAL: 16 Title 9 Chapter 4 -Sewer Use & Service I If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in Section 9-4-23 of this Chapter be appraised and assessed by the Board of Appraisers for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (0), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon other like property and uses within the City that has or wili receive the sewer service. This procedure may also be used to determine the initial charges set forth herein or to change or modify the initial charges. (Ord. 477, 4-21-1987) 9-4-22: FINAL APPROVAL OF SCHEDULE OF CHARGES: The City Council has the power to approve, confirm, modify or amend any charge, rate or fee provided by this Chapter and the decision of the City Council shall be finaL Upon final approval of the City Council, the same shall then and there be in effect and a copy thereof shall be filed in the office of the City Clerk. (Ord. 339, 5-29-1979) 9-4-23: BASIS FOR SEWER CHARGES: A. System Of Charges Established: There is hereby established a system of assessment fees, user charges, permit, review and inspection fees, periodic service charges and other fees for the use of, and for service rendered by the sewer works of the City. The rates, charges and fees provided by this Chapter are hereby levied and assessed against each lot, parcel of land, building or property having any connection with the sanitary sewer works of the City or otherwise discharging sanitary sewage, industrial wastewater or other liquids directly into the sanitary sewer works of the City. The rates, charges and fees shall be billed to and paid by the owner of each lot, parcel of land, building or property served by the sewer system. B. Properties Subject To Charges: It is specifically enacted that ali property in the City to which a public sewer is available and is required to connect to the sewer as required in Section 9-4-8 of this Chapter, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this Chapter. (Ord. 376, 7-7-1980) . 9-4-24: WASTEWATER USER FEES AND ASSESSMENT FEES: The monthly sewer user rates for sanitary sewer service in the City are based on gallons of water used as determined by the water meter readings. Residential homeowner's sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year from approximately November 15 to the following March 15. For the following eight (8) month period, the average monthly reading for the period of November 15 to the following March 15, termed the "winter a\(erage", shall be the basis for the monthly sewer user charge. However, if the actual water use recorded for any billing period between March 15 and November 15 is less 17 Title 9 Chapter 4 -Sewer Use & Service I than the preceding "winter average", the sewer user charge will be based on the actual water use. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between November 15 and March 15, the sewer user charge shall be based on the average winter residential water use in the City which is six thousand five hundred (6,500) gallons per month unless the current water meter readings is less than six thousand five hundred (6,500) gallons. In this case, the sewer user charge will be based on actual metered water use. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: (Ord. 477, 4-21-1987; amd. 1999 Code) A. Monthly Service Charges: 1. The minimum sewer charge shall be as established by resolution of the City Council. (Ord. 02-967, 7-23-2002) B. Number Of Equivalent Residential Units Per Use: The wastewater assessment fees for all new sewer users, other than single-family residential, shall be based on the numberof equivalent residential units (ERU's) listed in Table 2, , unless other acceptabie means of determining ERU's are used. Other acceptabie means may include the Uniform Plumbing Code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the City of Meridian Table 2. Equivalent Residential Units Classification Apartment Bank Bar Barbershop, per chair Beauty salon, per operator station Bowling alley, per lane Cafe, per customer seating capacity Car dealer Car wash (to be computed on an individual basis) Church Club, private Condominium Dentist, per practitioner Department store (per 3,000 square feet) Doctor, per practitioner Drugstore Number Of Equivalent Connections Minimum Equivalent Connections See Multiple Living Unit 2 2 0.5 0.5 0.2 0.1 2 1.0 1.0 1.0 2.0 xxx 2 2 See Multiple Living Unit 1 1 1 2 18 Title 9 Chapter 4 -Sewer Use & Service I Dry cleaners Duplex Fourplex Garage (minimum) Grocery store Hospital, per bed Industry (see Major or minor contributing industry) laundries Commercial (to be computed on an individual basis) Self-service up to and including 10 washing machines Each washing machine in excess of 10 Lodge or private club Major contributing industry (as per separate agreement) Minor contributing industry (as per separate agreement) Mobile home court or Dark First space Each additional space, long term tenant type Each additional space, short term tenant type Mobile home or trailer house on own premises Motel, hotel. roomim:1 house. etc. With cookinCl facilities First unit Each additional unit Without cookinCl facilities First unit Each additional unit MultiDle livinCl unit Studio or 1 bedroom 2 bedrooms 3 or more bedrooms 2 See Multiple Living Unit See Multiple Living Unit 2 See Retail Food Store 0.15 xxx 4 0.25 2 xxx xxx 1 0.5 1 0.25 19 Title 9 Chapter 4 -Sewer Use & Service I Office building for each 2,500 square feet of gross floor space or fraction thereof Photo development lab . Railroad depot Restaurant, per customer seating capacity Retail food store for each 1,500 square feet of gross floor area or fraction thereof Retail store for each 3,000 square feet of gross floor area or fraction thereof Schools per each 50 students in average daily attendance or fraction thereof Service station Full service Gas and restroom service only With car wash (to be computed on an individual basis) Single-family residence SwimminQ Dool Private, for each 500 square feet of pool water surface area Public (to be computed on an individual basis) Tavern Theater Townhouse Trailer court or Dark First unit Each additional space, long term tenant type Each additional space, short term tenant type Triplex Variety store, for each 3,000 square feet of gross floor area or fraction thereof 2 2 0.1 1 2.0 4 2 xxx 0.25 xxx 2 2 1 1 0.75 0.5 See Multiple Living Unit 1 9-4-25: SEWER CONNECTION REQUIREMENTS; FEES AND CHARGES: 20 Title 9 Chapter 4 -Sewer Use & Service I A. Permit Required; Fees: 1. Application For Permit:. To obtain municipal sewer service, the owner or his agent shall make application to the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City. (Ord. 339, 5-29-1979) 2. Permit And Inspection Fee: A permit and inspection fee shall be paid to the City at the time the permit is issued. Also, the owner or his agent shall pay to the City, at the time the permit is issued, an assessment charge in the amount as provided for in section 9-4-24 of this chapter. The amount of the permit and inspection fee shall be as established by resolution of the City Council. B. Assessment Charges: The owner, or his agent, of all properties connecting to the public sewer of the City under the terms of this chapter shall pay an assessment charge as established by resolution of the City Council for each equivalent connection or fraction thereof as may be assigned to the property by the City in accordance with section 9-4-18 of this chapter. C. Materials And Construction Methods: The materials of construction of the sewer service line and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench and surface replacement shall all conform to the requirements of specifications and codes as have been or may be adopted by the City. D. Separate Connection For Each Building: A separate and independent City sewer service connection shall be provided for each building. E. Notify City For Inspection: The applicant for the City sewer service connection shall notify the City Plumbing Inspector when the connection of the sewer service connection and line to the public sewer main is ready for inspection. (Ord. 339, 5-29- 1979) 9-4-26: SPECIAL CHARGES; SEWER INSPECTIONS; SEPTIC TANK WASTE DUMPING: A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to parcel(s) which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: 1. The applicant shall make application to the Public Works Director. Any agreement to provide sewer service outside the City limits shall provide that the applicant wili agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee by resolution or upon the recommendation of the Public Works Director given the amount of staff review required for processing the application. The application shall specify the legal description of the parcel(s) for which service is . being applied, the name and address of the legal owner(s) of the parcei(s) and purpose of the requested service. 21 Title 9 Chapter 4 -Sewer Use & Service I 2. Application must be filed with the Public Works Department. 3. Following the application and the payment of the application fee, the Public Works Director shall then review the circumstances presented by the appiication in accordance with the terms and conditions and regulations of this chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the municipal sewer system to provide an acceptable level of service to developed parcels with existing service within the City limits which shall not be compromised. 4. The Public Works Director shall then review the findings and recommendations with the applicant for comment. 5. The Public Works Director shall then submit the application and a report of recommendation(s) to the City Council regarding the application. 6. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation( s) of the Public Works Director. 7. In the event the Council grants the application it shall include as a condition that the legal owner(s) of the parcel(s) shall enter into .an "agreement for the extension of domestic sewer service outside the City limits" (hereinafter in this section referred to as the "agreement") which agreement form shali provide that the legal owner(s) of the parcel(s) agree that the provisions of the City's ordinances, regulations and policies which appertain to the regulation, control and use of its domestic sewer system including hookup, service fees, and inspection fees, apply as terms of the "agreement" and which form shall also provide that the owner(s) of the parcei(s) agree to the annexation into the City of the parcel(s) serviced; and the council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic sewer service are not used for the extension and/or enlargement of the system which conditions shall also be included in the "agreement". 8. The sewer user of the parcel(s) serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "agreement" so long as the property being served remains outside of the corporate limits of the City. 9. Notwithstanding subsection A5 of this section, if the requested connection is for a residence, or a multi-family residence not exceeding four (4) residential units, and if sewer service is readily available to the affected parcel without extension of service, then, if the Public Works Director deems it in the best interests of the City to do so, said connection may be authorized by the public works director without action by the City Council. If the director declines to approve the connection, the request will proceed to theiCity Council for final decision. (Ord. 01-91 0, 2~27-2001) 22 Title 9 Chapter 4 -Sewer Use & Service I B. Sewer Line And Facility Inspection Fee: A fee shall be established and charged for inspection of sanitary sewer lines and facilities instalied by any entity other than the City of Meridian. The fee shall be approved by the City Council. C. Septic Tank Waste Dumping Fee 1: A fee shall be established and charged for dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City Council. 9-4-27: BILLING AND PAYMENT OF MONTHLY CHARGES: Ali monthly sewer charges shall be due and payable from the owner to the Finance Department between the first and tenth day of each month for billing from the previous cycle. For new construction, the monthly user charge shall be computed from the date the service connection has been inspected and approved or when the building being served is substantially completed, whichever is the latest date. For new residential construction completed during the eight (8) lawn sprinkling months, the monthly sewer user charges shall be based on the use of six thousand five hundred (6,500) gallons per month or actual use, whichever is less. (Ord. 477, 4-21-1987) 9-4-28: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Water Service For Nonpayment: If a sewer user has not paid the billing within fifteen (15) days from the date of the statement, it shall be deemed delinquent. The City shall follow the procedure set forth in section 9-1-21 of this title for termination of water services, and shall cause the water supplied to said sewer user to be turned off from the premises, the City taking notice that, without water, the sewer system of the user cannot be used and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within ten (10) days after the delinquency notice, and if no penalty is due for nonpayment of water charges, an additional penalty as set by resolution of the City Council will be added to the account and must be paid to restore service. B. Lien Against Property: Where allowed by law, all delinquent charges or fees, as provided by this chapter, not paid after the final determination of the sewer user's account shall be imposed as a lien against and upon the property or premises against which such charge.or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, Idaho, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. C. Use At New Location: The owner of any property leaving a delinquency in sewer fees at any location shall not be entitled to the use of the sewer system at any new location until all fee deiinquencies are paid. D. Sewer Fund: All fees and charges received and collected under the authority of this chapter shall be deposited and credited to a fund to be designated as the sewer fund within the utility enterprise fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sanitary 23 Title 9 Chapter 4 -Sewer Use & Service I sewer system and any payments into a sinking fund established for the purpose of paying principal of and interest on the sewer indebtedness of the City which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the sewer fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sanitary sewer system of the City, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any sewer bond indebtedness of the City which shall from time to time be outstanding. (Ord. 03-1044, 9-23-2003) 9-4-29: DISCONNECTION OF SERVICE FOR NONPAYMENT: A. Discontinue Sewer And Water Service: The provisions of this chapter shall apply to aiL property served with sanitary sewer within and outside the corporate limits of the City, including all property owned or occupied by the United States of America, Ada County, and the state of Idaho, and in case of nonpayment or delinquency, the Wastewater Superintendent is, after the City has complied with the provisions of section 9-4-28 of this chapter, hereby authorized and directed to disconnect and/or plug the sewer connection with the sewer system of Meridian and direct the Water Superintendent to terminate the water supply to the property. (Ord. 477, 4-21-1987) B. Penalty For Tuming On Water: If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this chapter or the rules and regulations pertaining to the sewer service, shall turn on or permit to be turned on or use or permit the water to be used, without authority, he shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code for each offense. (Ord. 477, 4-21- 1987; amd. 1999 Code) 9-4-30: SEWER SYSTEM FUND: A. Fund Established; Purpose: All fees and charges received and collected under authority of this Chapter shall be deposited and credited to a special fund to be designated as the Sewer System Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sewer works and any payments into sinking funds as may be established for the purpose of: 1. Paying principal of and interest on the general obligation or revenue sewer bonds of the City which shall from time to time be outstanding; 2. Other special funds as may be established by the City Council. B. Disposition Of Funds And Credits: As provided by law, when budgeted and appropriated, the funds and credits to the account of the Sewer System Fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sewer works of the City and, to the extent legally available, for payment into a sinking fund estabiished for the payment of the principal of and interest on the general obligation sewer bonds of the City which shall from time to time be outstanding. (Ord. 339, 5-29-1979) 24 Title 9 Chapter 4 Sewer Use & Service I 9-4-31: RECEIPT AND DISBURSEMENT OF MONIES: All monies collected by the Finance Department under the provisions of this Chapter shall be paid, received, disbursed and accounted for as directed by the City Council. (Ord. 84, 10-8-1956) 9-4-32: PRIVATE SEWAGE DISPOSAL SYSTEMS: Where a public sanitary sewer is not available under the provisions of this Chapter, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this Chapter and in accordance with the following special provisions: A. Permit Required; Permit And Inspection Fee: Before commencement of construction of a private sewage disposal system, the owner shall first obtain written approval from the City. The applicant shall provide plans, specifications and other information as may be deemed necessary by the City. Review and inspection fees shall be established by resolution of the City Council. B. Inspection And Approval By City: Building permits for any structure to be served by an approved private sewage disposal system shall not be issued until the installation is completed to the satisfaction of the City Engineer. The City shall be allowed to, inspect the work at any stage of construction and the owner shall notify the City when the work is ready for final inspection and before any underground works are covered. The applicant shall be responsible for payment of all applicable inspection fees prior issue of building permit. C. Compliance With State Regulations: The type, capacities, location and layout of a private sewage disposal system shall comply with all of the rules and regulations and recommendations of the Idaho Department of Environmental Quality, Idaho Department of Health and Welfare and/or the Central District Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet. D. Connection To Public Sewer When Available: At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this Chapter and any septic tank, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material and all appropriate fees paid. E. Operation In Sanitary Manner: The owners shall operate and maintain the private sewage disposal facility in a sanitary manner at all times and at no expense to the City. F. Septic Tank Pumpings; Disposal And Fee: Septic tank pumpings shall not be deposited in any manhole, cleanout or sewer opening. The pumpings may be dumped at the sewage treatment plant at a point designated by the City. The number of gallons dumped and the nature of the wastes shall be provided to the plant operator prior to dumping. A fåe for the septic tank dumping shall be approved by the City Couhcil33 . 25 Title 9 Chapter 4 -Sewer Use & Service I G, Additional State Requirements: No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Department of Environmental Quality or Department of Health and Welfare of the State of Idaho. (Ord. 339, 5-29-1979) 9-4-33: MAINTENANCE OF LINES; CONTRACTOR LICENSE: A. Maintenance Of Lines; Digging In Streets: All users of the sewer system shall keep their pipe connections and other apparatus in good repair and protected from freezing at their own expense, but no person, except under the direction of the Public Works Department, shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or to tap into any such lateral or trunk line in any manner. B. Work By Contractor, License Required: Any contractor excavating within the limits of the public right of way shall posses a valid public works contractor's license for that specialty. (Ord. 477, 4-21-1987) 9-4-34: POINT OF LIABILITY FOR MAINTENANCE: A. User Responsibility: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own sewer service lines extending from their property improvement (i.e. house or building) until such sewer lines pass the vertical plane of the user's property line. This maintenance liability of the user includes ensuring that the entire sewer service line from the property line to the sewer main is clear and free from obstructions. The City shall be responsible for the structural repair of the portion of the sewer service line located in the public right- of-way or outside the property which the sewer service is serving. B. Nonconflicting Provisions: This Section shall not be construed to be in conflict with Section 9-4-33 of this Chapter, which states that no person shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or tap into any such lateral or trunk line in any manner without the Public Works Department's authorization. Any such person must also obtain permission from other entities holding jurisdiction over the public right-of-way or the easement grantor to perform work within the street, alley, sidewalk or easement for which the user is liable. (Ord. 477, 4-21-1987) 9-4-35: USERS LIABLE FOR VIOLATION: No user of the City sewer service shall permit or allow any person from any other premises or any unauthorized person to discharge sewage into said system and the permit to connect with the sewer system shall be limited to the person and the premises designated in the permit. Any violation of this Section by either the permit holder or an unauthorized person shall be deemed a misdemeanor. Any such violations shall be grounds for the Superintendent to withhold sewer service, without notice of termination of service, and the Superintendent may require the Water Superintendent to terminate water service. In appropriate circumstances the Superintendent may require that a separate service connection is put in for each user. (Ord. 477, 4-21-1987) 26 Title 9 Chapter 4 -Sewer Use & Service I 9-4-36: CITY NOT LIABLE FOR DAMAGE OR SERVICE INTERRUPTION: The City shall not be held liable for damages to any sewer user or his property by reason of a stoppage or other interruption of his water supply or sewer disposal service caused by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer or water system or from other unavoidable causes beyond the control of the City. (Ord. 477,4-21-1987) 9-4-37: INJURY TO SEWER SYSTEM UNLAWFUL: A. Damaging Property: No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer works. B. Depositing Garbage: It shall be unlawful for any person to deposit any garbage, rubbish, dead animals or any substance having a tendency to obstruct the flow of the sewer in any manhole, cleanout or sewer opening. (Ord. 339,5-29-1979) 9-4-38: PENALTIES: A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating any provisions of this Chapter, other than for nonpayment of a sewer bill, shall be served by the City with a written notice stating the nature of the violation and providing three (3) working days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the City has to make the correction(s) or repair(s). B. Penalty Imposed: Any person who shall continue any violation, beyond the time limit provided for hereinabove in this Section shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment, for each violation. Each day in which such violation shall continue shall be deemed a separate offense. (Ord. 795, 7-7-1998) C. Liability To City For Loss Or Damage: Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of such violation and, for other than nonpayment of sewer bill violations, may have their sewer and water supply terminated after the above three (3) working day notice period has expired. D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for in this Code or the Criminal Code of the State; as an example, a person injuring the sewer system could be. criminally charged with malicious injury to property for all violations initially charged as a criminal violation, the notice provisions provided for in this Chapter shall not apply. (Ord. 795, 7-7-1998) 27 Title 9 Chapter 1 -Water Use & Service I 9-1-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to, and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire Municipal water system which includes the water supply, water storage and water distribution facilities of the City, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the Municipal water system of the City, which system and facilities consists generally of all wells, storage reservoirs, transmission mains, structures, buildings, chlorination facilities, valves, service connections, service meters, fittings, mechanical equipment and all other facilities as required for the furnishing ¡md distribution of water as a public system to the citizens of the City; and to provide for the control, use and administration of the installation of private domestic water systems where a public water system is not available. (Ord. 476, 4-21-1987) 9.1.2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows: AUTHORIZED WATER USER: Any person making authorized and proper use of the Municipal water system and/or the water delivered thereby and who has made application for water service and such application has been granted and has paid for such service, water, and all fees required. An authorized water user may be an owner, his tenant by lease or rental, a developer, etc. CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative or deputy thereto. CITY WATER SERVICE LINE: That portion of any individual water service line that runs from its connection with the public water main to, and including, the corporation stop, valve box and meter that is installed in the service line. It will usually be installed within the limits of the public right of way or utility easement and, after approved installation, it is to be owned and maintained by the City. EQUIVALENT CONNECTION: The service to a typical residential house on an individual lot that is occupied by an average single-family dwelling is designated as one equivalent connection. All other connections are prorated in relation to equivalent connections based on the estimated usage of or benefit derived from the service. MASTER WATER PLAN: The Master Water Plan is any document which the City of Meridian has accepted by official action of the City Council which describes or otherwise indicates an overall view of proposed future water system needs, minimum water main sizing, and/or minimum water main spacing and routing. MONTH: A "month" as used herein shall mean the period between scheduled water meter readings. The City will, as nearly as possible, schedule the water meter readings thirty (30) days apart. Title 9 Chapter 1 -Water Use & Service I MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, professional offices, etc. MUNICIPAL WATER SYSTEM: Includes all components and facilities of the public water system that are owned, operated, or maintained by the City of Meridian, Idaho, for domestic and other uses. OVERSIZED MAIN: Any water main which is required to have a larger inside diameter than is necessary based on the estimated flow of the service area for which the main is being installed. OWNER: Refers to the property owner that is served by the Municipal water system or desires to be served by the Municipal water system. PERSON: Any individual, firm, company, association, society, corporation or group. PRIVATE FIRE SERVICE CONNECTION: A separate and independent connection from the Municipal water main that connects directly to a sprinkler system or fire"control device that has been, or is to be, installed in any building for the purpose of fire control within the specific building and said connection is to be for no other purpose. PRIVATE WATER SERVICE LINE: The portion of the water service line that runs from the building being served to the point of connection with the water meter. PRIVATE WATER SYSTEM: Any water system for domestic use that is not owned, operated and maintained by the City of Meridian, Idaho. PROPERTY: Refers to all property, whether privately or publicly owned, within the service limits of the Municipal water system excluding therefrom lands that have been dedicated for public street or highway rights of way. PUBLIC WATER SERVICE LINE: See definition of City Water Service Line in this Section. SHALUMAY: "Shall" is mandatory; "may" is permissive. SPRINKLER IRRIGATION: Refers to any system for the purpose of watering lawns, gardens, shrubs, trees, etc., as they are normally grown in the out-of-doors or open spaces. SUPERINTENDENT: The Superintendent of the City Waterworks is the individual appointed by the City Council to be in charge of, and oversee, the water system; he shall, under the direction of the City Engineer and City Council, have charge of the Municipal water supply system. The Superintendent's duties shall include but not be limited to: maintenance, operation, supervision and/or inspection of all additions or modifications. The Superintendent shall report, on a regular basis, to the City Engineer the condition of the Municipal water system. 2 Title 9 Chapter 1 -Water Use & Service I UNAUTHORIZED WATER USER: Any person who makes any use of the Municipal water system or the water delivered thereby who is not an authorized water user or who improperly or illegally uses the water system, or who causes damage or injury to the system in any fashion. UNIFORM PLUMBING CODE: Plumbing Code. The most currently adopted edition of the Uniform WATER MAIN: Any pipe line owned by the City for the purpose of transportation and/or distribution of water to serve more than one water service line or user. (Ord. 273, 1-6- 1975,eff. 2-1-1975; amd. Ord. 374, 7-7-1980; Ord. 476, 4-21-1987) 9-1-3: APPLICATION OF CHAPTER; CITY AUTHORITY: A. Application: The provisions of this chapter shall apply to all property within the corporate limits of the City, and any special users outside of the corporate limits of the City, including all property owned or occupied by the United States of America, the state of Idaho, and Ada County. (Ord. 273,. 1-6-1975, eft. 2-1-1975) B. City Authority: The Water system for the supply of the City shall be under the sole and exclusive control of the mayor and council, who may. from time to time, direct the construction of such works, placing of mains, service pipes and fire hydrants, as the necessities of the City may require. (Ord. 476, 4-21-1987) 9-1-4: USE OF CITY WATER REQUIRED: A. Connection To City System: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or any other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a City water line is hereby required to cease using any other water system and at his expense to connect such building directly with the City water in accordance with the provisions of this chapter, within sixty (60) calendar days after the date of official notice from the City to do so; provided, however, that said City water is within three hundred feet (300') of any property line where said building to be served is located. B. Disconnection Of Private System Required: At such time as the Municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to Municipal service as required, it is mandatory that the private water supply is not connected or cross connected in any way to the water lines served by the City water system. The disconnection of the private water supply line shall be inspected and approved by the waterworks superintendent or his designated representative. (Ord. 622, 10-5-1993) 9.1.5: APPLICATION FOR WATER SUPPLY: A. Application Required: Whenever any person desires to obtain a. supply of water from the City waterworks, he shall apply to the Public Works Department for service and agree to be governed by such rules and regulations not inconsistent with this 3 Title 9 Chapter 1 -Water Use & Service I chapter, as may be prescribed by the mayor and City Council for the control of the water supply. B. Contents Of Application; Grant Of Application: 1. New Construction: The applicant must state the location, type of building, and uses therein, and fully and truly state the purpose for which the water is to be used, and shall furnish a set of floor plans showing all water uses and a site plan if the water is to be used for irrigation. If the application is granted, the Public Works Department may authorize the extension, at the expense of the applicant, and at no expense to the City, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any other fittings that are necessary to install serviCe to the inside line of the curb at the point most convenient for supplying the applicant. 2. Existing Water Service: In the case of an existing water service connection, if the real property or improvement is sold or otherwise transferred, the person entitled to possession shall make application to the Municipal Billing Department to transfer the account, and shall supply the department with all information requested by the department. C. Street Paving: In cases where street paving is contemplated, the abutting property owners must either connect their premises with the water mains before the trench is backfilled or pay the cost of service from the main to curb if made thereafter. (Ord, 03-1044,9-23-2003) 9-1-6: POINT OF LIABILITY FOR MAINTENANCE: A. User Responsibility: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own water service liners) extending from the property improvement to a point of connection to the water meter yoke. This point of connection may be inside or outside of the meter tile depending on the length of the meter yoke tail. The City's responsibility for maintenance of the individual user service liners) extends from the point of connection at the water main to the point of connection of the yoke to the property improvement service line. 4 Title 9 Chapter 1 -Water Use & Service I B. Damage To Water System: Responsibility for damage to the City water system is as outlined in subsection 9-1-34B of this chapter. C. Nonconflicting Provisions: This section shall not be construed to be in conflict with section 9-1-33 of this chapter. (Ord. 565, 12-3-1991) 9-1-7: WATER SERVICE CONNECTIONS AND WATER LINES: All materials and workmanship in the installation of private water service lines and connections to the City water service line shall conform to the following regulations: (Ord. 273,1-6-1975, eff. 2-1-1975) A. Permit Required: No person other than one authorized by the City shall uncover, make any connections with or opening into, use, alter, or disturb any Municipal water main, City water service line or appurtenance thereof without first obtaining a written permit from the City. The permit is not to be used until all water installation charges and fees have been paid in full. (Ord. 374, 7-7-1980) B. Application For Permit; Fees: To obtain Municipal water service, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City and requested by the City. A permit and inspection fee as established by resolution of the City Council shall be paid to the City at the time the application is filed. The owner or his agent shall pay a assessment fees to the City at the time the application is filed. The amount of the assessment fees will vary depending on the equivalent residential unit (ERU) rating, or other rating established by the City Engineer for the user In question. The assessment fees shall be as established by resolution of the City Council. (Ord. 02- 967, 7-23-2002) C. Service Line Installation: The owner may request permission from the City to install the water service line, including tap to the City water main, City stop valve, service line, valve, meter vault and cover under private contract. Such installation shall be in conformance with the plumbing code as adopted by the City l(See title 10. chaDter 2..,of this code). When installation of a water service line and appurtenances causes damage to any properly, public or private, other than the owner's property, the owner shall be responsible for all repair costs including, but not limited to, repair to streets, sidewalks, curbs, gutters, sewer lines, irrigation facilities, storm drains, lawns, fences, gas lines, other water mains, telephone lines and electrical lines. (Ord. 476, 4-21-1987) D.Old Private Service Lines: Old private water service lines may be used in connection with new buildings only when they are found, on examination and being tested as required by the City, to meet all requirements of this chapter. E. Conformance With Building And Plumbing Codes; Inspection: 1. The materials of construction of the private water service line and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing codes as have 5 Title 9 Chapter 1 -Water Use & Service I been or may be adopted by the City;1 (See title 10. chapters 1 and 2..0f this code). 2. The private water service connection to the City water service line shall conform to the requirements of the building and plumbing codes as adopted by the City. (Ord. 273, 1-6-1975, eff. 2-1-1975) 3. All connections to or extensions of the service line, as previously installed by the City, or under its authorization, shall be made in accordance with the requirements of the Uniform Plumbing Code for such an installation. The connection of the service line shall be inspected by the City Plumbing Inspector before the installation is - backfilled and before the water is turned on for use at the premises. (Ord. 374, 7-7- 1980) F. Service Line Size And Location: 1. The private water service line from the building to the connection with the City water service line shall not be smaller than a three-fourths inch (3/4") inside diameter pipe and shall be laid in a trench of such depth so that the minimum cover over the pipe from the finished grade shall be three feet (3'). 2. The alignment of the private water service line from the outlet of the building to the City water service line shall be reasonably straight and shall be located such that the distance between the water service line and the sewer service line shali be a minimum of ten feet (10'). G. Cross-Connection Prohibited: No person shall make or permit the cross-connection of any private water supply to a water line that is served by the Municipal water system ~ (See also Chapter 3 of this Title). H. Notify City For Inspection: The applicant for the City water service line permit shall notify the City when the connection of the private water service line to the City water service line is ready for inspection. I. Excavations Guarded; Restoration: All excavations for all water service instaliations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City or the entity having jurisdiction over the disturbed property. J. Private Fire Service Connection: The installation of a private fire service connection shall comply in all respects to the requirements for a City water service line and the owner, or his agent, will be required to pay all costs for connection and extension of the facility from the Municipal water main. The connection of a private fire service connection shall be made in accordance with International Fire Code. K. Connections Made By Plumber: The connection of the private water service line to the public water service line to the Municipal water main shall be made by a plumber holding a valid State plumber's license. (Ord. 273, 1-6-1975, eff. 2-1-1975) 6 Title 9 Chapter 1 -Water Use & Service I L. Meter, Stop Valve And Stopcock: 1. A separate and independent City water service meter and stop valve shall be provided for every authorized water user. (Ord. 374, 7-7-1980) 2. To each service pipe there shall be attached at the inside line of the curb a stopcock and key box which shall be paid for by the water user and be under the exclusive control of the Superintendent of the Waterworks. (1955 Code § 5-106) 9-1-8: REJECTION OF MATERIALS OR WORKMANSHIP: The City may reject any materials or workmanship for cause and upon such, the rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances such as excavations, backfilling and other work items. (Ord. 476, 4-21-1987) 9-1-9: BACKFilliNG AND SURFACE REPAIR: A. Owner Responsibility; Costs: All backfilling and surface repair required by a water service installation shall be the owner's responsibility. B. Work Under Private Contract: When the owner has the water service installation done under private contract, the costs for surface repair shall be the owner's responsibility and shall not be included in any fee, charge or rate imposed by the City. C. Conformance With Special Specifications; Inspection And Approval: All surface repair and backfilling shall conform to special specifications promulgated by the City for water line installation and shall be subject to inspection by and approval of the City, and Ada County Highway District. (Ord. 273, 1-6-1975, eff. 2-1-1975) 9-1-10: RIGHT OF ENTRY FOR INSPECTIONS OR TESTING: A. Free access to all places supplied with water, at all reasonable hours, shall be allowed the Public Works Director, Water Superintendent, Assistant Water Superintendent, City Engineer, or their designee to examine the apparatus, the amount used, and the manner of use of the same, and any water user violating any of the rules and regulations controlling the water supply shall be subject to penalty as provided for in Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987; amd. 1999 Code) B. The City through its authorized representative bearing proper credentials and identification shall be permitted, during proper and reasonable hours of the day, to enter all properties, premises or buildings to which water is fumished from the Municipal water system for testing or for any other purpose necessary for the proper administration of the water system in accordance with the provisions of this Chapter. Also, the City through its authorized representative bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, 7 Title 9 Chapter 1 -Water Use & Service I observation, repair, and maintenance of any portion of the Municipal water system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 476, 4-21-1987) 9-1-11: WATER MAIN EXTENSIONS: A. Permit Required: No extensions of service pipes shall be made without first obtaining a permit therefor from the Public Works Department, and each building shall have separate service pipes. B. Compliance With City Policies; Responsibility For Costs: All proposed extensions of the Municipal water system to serve undeveioped areas within the existing corporate limits, newly annexed are.as or areas outside the corporate limits shall comply with existing water system extension policies and with the overall Master Plan for the City's Municipal water supply system. Costs for all extensions to any property shall be the responsibility of that property owner or his agent. Cost for water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. When it is necessary to install oversized mains as part of an extension, the cost of all oversized lines may be the responsibility of the owner or his agent. Such water line extensions, public or private, shall be extended to the farthest boundary of the development projector property to be served by the extension. . C. Fire Hydrants And Service Lines: It shall also be the property owner's or his agent's responsibilities to install all necessary fire hydrants and City water service lines for all extensions of the Municipal water system at no expense to the City. Unless a special permit is granted by the City, all Municipal water system extensions, including the City water service lines, to newly developing areas shall be installed prior to the cónstruction of any new streets. D. Approval Of Plans: All design and construction of any extensions to the Municipal water system shall comply with the official specifications as adopted by the City for the water distribution system. The plans for all extensions to the Municipal water system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code and said plans shall be filed with the City. In approving a plan for extension to the Municipal water system, the City reserves the right to stipulate other requirements such as a special permit fee, rights- of-way limits, sequence of construction, time limits for having existing service disrupted, the provision of surety guaranteeing completion and other similar measures as may be required to protect the public. No work shall commence on any such extension of the Municipal water system until the extension project has been approved by the City and the State of Idaho Department of Environmental Quality. E. Certification By Engineer: After the construction of the Municipal water system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer verify to the City that the said system extensions were installed in accordance with the approved plans and specifications on file in the office of the City Engineer. Following certification by the registered professional engineer and acceptance by the City, the entire extension of the Municipal water system, including 8 Title 9 Chapter 1 -Water Use & Service I the City water service lines, shall become the properly of the City and it shall be the City's responsibility to maintain and operate the system thereafter. F. Work Done By Contractor: The installation of all public water systems shall be performed and completed. by a contractor possessing a valid State of Idaho public works license with the proper endorsement for the work. 9.1-12: ASSESSMENT AND OTHER FEES: A. Assessment Fees. Notwithstanding any of the provisions of this Chapter, any person or properly owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City water system, shall be required to pay, in addition to the required monthly user charges of Section 9-1-19 of this Chapter, an additional connection charge which shall be known and referred to as the "water assessment fee". The water assessment fee shall be computed on an "equivalent residential unit", or "ERU" basis. B. Fee Set By City Council: The water assessment fee for each parcel of ground connected to a water main shall be established and set by the City Council. The water assessment fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations referenced above but shall be as consistent as possible under similar factual circumstances. The water assessment fee shall be assessed in terms of single-family equivalent connections. (Ord. 483, 6-16-1987) C. Meter Fee. The City shall establish and charge a meter fee from all users initiating new water service or changing water meter size to cover the costs of the City providing, installing and maintaining a water meter into the meter box provided by the water user. D. Adaptor Fee. The City shall establish and charge fee for providing the fittings necessary to install a size of meter not equivalent to the size of the meter setter (i.e. "yoke") previously installed by the developer, owner or user. A different sized meter will be installed only at the request of the user. E. Other Fees. The City shall establish and charge a fee to any user's water account for repair of damages to the water meter and its appurtenances including, but not limited to, the lid, padlocks, valves, and transmitters. 9-1-13: COOPERATIVE OR REIMBURSEMENT AGREEMENTS: A. Reimbursement To Water User: Should a water user at his own expense construct an extension to the water system, consisting of twelve (12) inch diameter or larger water main, in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which water line extension has been determined by the City to be able to benefit properties other than the user's, the water user constructing the extension may be reimbursed a portion of 9 Title 9 Chapter 1 -Water Use & Service I the costs of extending the twelve-inch diameter or larger water line from the connection charges collected under Section 9-1-12 of this Chapter if any of the following apply: 1. The water main extension is twelve (12) inch diameter or larger. 2. The water main extension is required to be twelve inch diameter or larger to serve adjacent properties. B. To be eligible for reimbursement, the user must: 1. Design the water extension in substantial accordance with the policies of the City of Meridian and its Master Water Plan; 2. Receive City approval of the water extension construction plans; 3. Construct the water extension in accordance with approved plans and City of Meridian standard specifications and details; 4. Solicit and receive three (3) bids for the water extension and select the lowest responsive bid as determined in a bid opening. The user must notify the Public Works Department of the bid opening forty-eight (48) hours in advance and provide the opportunity for a Public Works Department representative to attend the bid opening during normal working hours; 5. Receive preliminary plat approval from City Council for the development to be served by the water extension. Water extensions intended to serve non- subdivision projects, and for which the developer seeks a reimbursement agreement, must receive approval for a reimbursement agreement from City Council prior to construction plan approval by the City. C. Developer Reimbursement Agreements The City shall not be required to enter into such a reimbursement agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: 1. No reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement unless extended by the City Council. 2. No reimbursement agreement shall pay to the water user paying for or constructing a water line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the water user's own property. 3. A reimbursement agreement may provide for interest to be paid to the water user. 4. The City may charge and may receive a five percent (5%) administrative fee against the amount reimbursable to the water user administration, accounting, auditing, and payment of the reimbursement payments made to the water user so extending the water line and having reached a reimbursement agreement with the City. 10 Title 9 Chapter 1 -Water Use & Service I 5. All or a part of the water construction equivalency fee associated with the water line constructed and paid pursuant to Section 9-1-12 of this Chapter may be set aside and earmarked for reimbursement pursuant to a reimbursement agreement. 6. The reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld. 7. The agreement will terminate when the user has been fully reimbursed if the agreed upon reimbursement amount is paid prior to the end of the term of the agreement. 8. The agreement shall be binding on the water user and his assigns, successors, heirs, and executors and may be recorded as an encumbrance against the properly of the water user. 9. The water user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the water line has been accepted for maintenance by the City. 10. Said lines, after acceptance, shall become part of the City water system and be the sole property of the Citý. D. Methods of Reimbursement Depending on the amount to be reimbursed to the water user, the agreement will include one or more of the following reimbursement mechanisms: 1. A portion of the water assessment fees owed or paid by the user as required under 9-1-12(B). 2. Reimbursement of a portion of the water system assessment fees received by the City from others that connect to the water main adjacent to the user's properly or project. E. Amount of Reimbursement 1. Section-Line Road Water Main Extensions. For water main extensions, twelve- inch diameter or larger, in section-line roadways, the reimbursement amount shall be based on the actual construction cost, and may include reasonable engineering, surveying, construction staking, license agreement, and project management costs. The allowable reimbursement percentages are: Table 1. Reimbursement for Water Main Construction in Section-Line Roadways Reimbursement Percenta e 50% 90% 11 Title 9 Chapter 1 -Water Use & Service I 2. On-site Water Main Extensions. For water main extensions on-site that are ten- inch diameter or larger, the reimbursement amount shall be based on the percentages in the following table: Table 2 Reimbursement for On-Site Over-sized Water Main Construction Water Main Size, Inches Reimbursement Percentaae 10 28% 12 40% 14 Evaluated on an Individual Basis 16 Evaluated on an Individual Basis F. Reimbursement To City: Where the City constructs a water line extension, either on its own or in conjunction with another person or entity, the City may establish a fee such that the City is reimbursed for its costs of construction, engineering, legal costs and interest. (Ord. 483, 6-16-1987) 9-1-14: BASIS FOR AUTHORIZED WATER USER CHARGES: A. System Established: There is hereby established a system of periodic service charges and fees for the authorized use of, and for service rendered by the Municipal water system of the City, and which charges and fees shall be as near as possible, uniform as to the different users served by said Municipal water system. The rates, charges and fees provided by this chapter are hereby levied and assessed against the authorized water user or owner, and his property, having any water service connection with the Municipal water system of the City. B. Property Subject To Charges: It is specifically enacted that all improved property in the City to which the Municipal water system is available, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this chapter to cover the cost of standby fire protection facilities and other benefits. (Ord. 476, 4-21-1987) 9-1-15: WATER USER AND EQUIVALENT CONNECTION APPRAISAL: Each user and parcel being subject to water user charges as provided for hereinabove shall be appraised and assessed for the purpose of establishing the equivalent connection rating and the monthly service charge or fee, to be charged or assessed to and against the property. In making such appraisement and assessment, there shall be taken into consideration the estimated volume of water to be used, the uniformity of the use of the water, the standby benefits of the water system for fire protection and for other factors so as to as nearly as possible fix the rate, charge or fee upon the same relative basis as is imposed upon other like property within the City that has the Municipal water service available. (Ord. 476, 4-21-1987) 9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS: 12 Title 9 Chapter 1 ~Water Use & Service I In order to obtain Municipal water system service to parcel(s) which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: A. There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee by resolution or as recommended by the Public Works Director given the amount of staff review required for processing the application. The application form shall specify the legal description of the parcel(s) for which service is being applied, the name and address of the legal owner(s) of the parcel(s) and purpose of the requested service. B. A completed application must be filed with the public works department. C. Following the filing of an application and the payment of the application fee, the Public Works Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal water system to provide an acceptable level of service to developed parcels with existing service within the City limits which shall not be compromised. D. The Public Works Director, or his designee, shall then review the findings and recommendations with the applicant for comment. E. The Public Works Director shall then submit the application and a report of recommendation(s) to the City Council regarding the application. F. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation( s) of the Public Works Director. G. In the event the council grants the application it shaU include as a condition that the legal owner(s) of the parcel(s) shall enter into an "Agreementfor the Extension of Domestic Water Service Outside the City Limits" (héreinafter in this section referred to as the "Agreement") which agreement form shall provide that the legal owner(s) of the parcel(s) agree that the provisions of the City's ordinances, regulations, and policies, and inspection fees, which appertain to the regulation, control and use of its domestic water system including hookup, service fees as apply to terms of the "agreement" and which form shall also provide that the owner(s) of the parcel(s) agree to the annexation into the City of the parcel(s) serviced; and the council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic water service are not used for the extension and/or enlargement of the system which conditions shall also be included in the "agreement". H. The water user of the parcel(s) serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the 13 Title 9 Chapter 1 Water Use & Service I "agreement" so long as the property being served remains outside of the corporate limits of the City. I. Notwithstanding subsection E of this section, if the requested connection is for a residence, or a multi-family residence not exceeding four (4) residential units, and if water service is readily available to the affected parcel without extension of service, then, if the Public Works Director deems it in the best interests of the City to do so, said connection may be authorized by the Public Works Director without action by the City Council. If the director declines to approve the connection, the request will proceed to the City Council for final decision. (Ord. 01-910, 2-27-2001) 9-1-17: BOARD OF APPRAISERS: A. Board Created: There is hereby created the Board of Appraisers, consisting of three (3) members, to be the same persons as the Mayor, the City Clerk and the Public Works Director. B. Duties: The Board of Appraisers shall be delegated the duty of hearing any disputes, objections or appeals by a sewer user regarding assessment fees, monthly user charges or other fees established by this chapter. 9.1.18: PURPOSE OF MONTHLY WATER USER CHARGE: The monthly water user charge is established to cover operation and maintenance costs of the system, and to provide a fund to pay for repairs and replacements of the system, increase efficiencies, meet State of Idaho or federal requirements, or redemption of bonds that have been used to finance system improvements, all as a part of the City's responsibility to provide adequate domestic water service and facilities for the City. The monthly water user charge as described herein, or as amended, shall be effective immediately upon acceptance and passage of the ordinance codified in this chapter, or an amending ordinance, and monthly user charge billing under the rates described herein shall begin at the end of the first calendar month following acceptance of this chapter. For new connections, the water user charge is to begin when the connection to the City service line has been inspected and approved or within sixty (60) days after the City service line has been installed, whichever is the earliest. (Ord. 476, 4-21-1987) 9-1-19: MONTHLY RATES: A. User Fees: 1. All owners who receive or have the right to receive the benefit of the Municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the City Council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the Municipal water supply system. 2. Monthly fixed cost fees and user fees shall be established by resolution of the City Council. (Ord. 02-967, 7-23-2002) 14 Title 9 Chapter 1 -Water Use & Service I 3. Each owner will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the Municipal water supply system, the fees as established by resolution of the City Council. Should an owner request a City water service line to be disconnected, for any reason, there shall be no fee paid to the City. However, the owner must request the City to place the line back in service. There will be a charge as established by resolution of the City Council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the City water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the City. B. Fees For Water Use: 1. The fees for water use shall be as established by resolution of the City Council. 2. In case a water meter fails to correctly register the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter install~tion fees shall be as follows: a. For all meters installed, the fee shall be set by the Board of Appraisers. All installed meters shall be property of the City. b. Meter adapter and radio-read transmitter units fees as estabiished by resolution of the City Council. C. Private Fire Service: 1. Available only on flat rate when used for fire protection only; owner to install all lines to the City mains at their expense. All connections to be supervised by the City and to conform to City requirements and the Uniform Plumbing Code. The flat rate fees shall be as established by resolution of the City Council. (Ord. 02-967, 7-23- 2002) 2. All private fire service lines shall be equipped with sealed gate valve or thermal automatic openings. 3. Private fire service lines shall be used for fire control only. Any other use is unlawful. D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users, otherthan single-family residential, shall be based on the number of equivalent residential units (ERU's) listed in Table II, unless other acceptable means of determining ERU's are used. Other acceptable means may include the Uniform Plumbing Code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the City of Meridian. 15 Title 9 Chapter 1 -Water Use & Service I TABLE 3. Equivalent Residential Units Classification Apartment Bank Bar Barbershop, per chair Beauty salon, per operator station Bowling alley, per lane Cafe, per customer seating capacity Car dealer Car wash (to be computed on an individual basis) Church Club, private Condominium Dentist, per practitioner Department store (per 3,000 square feet) Doctor, per practitioner Drugstore Dry cleaners Duplex Fourplex Garage (minimum) Grocery store Hospital, per bed Industry (see major or minor contributing industry) Laundries Commercial (to be computed on an individual basis) Self-service up to and including 10 washing machines Each washing machine in excess of 10 Lodge or private club Major contributing industry (as per separate agreement) Minor contributing industry (as per separate agreement) Number Of Minimum ERU's . ERU's See Multiple Living Unit 2 2 0.5 0.5 0.2 0.1 2 1.0 1.0 1.0 2.0 xxx 2 2 See Multiple Living Unit 1 1 1 2 2 See Multiple Living Unit See Multiple Living Unit 2 See Retail Food Store 0.15 xxx 4 0.25 2 xxx xxx 16 Title 9 Chapter 1 -Water Use & Service I Mobile home court or Dark First space Each additional space, long term tenant type Each ad_ditional space, short term tenant type Mobile home or trailer house on own premises Motel. hotel, roominQ house. etc. With cookinCi facilities First unit Each additional unit Without cookinCi facilities First unit Each additional unit Multiple IivinQ unit Studio or 1 bedroom 2 bedrooms 3 or more bedrooms Office building for each 2,500 square feet of gross floor space or fraction thereof Photo development lab Railroad depot Restaurant, per customer seating capàcity Retail food store for each 1,500 square feet of gross floor area or fraction thereof Retail store for each 3,000 square feet of gross floor area or fraction thereof Schools per each 50 students in average daily attendance or fraction thereof Service station Full service Gas and restroom service only With car wash (to be computed on an individual basis) Single-family residence SwimminÇl Dool 1 0.5 1 0.25 2 2 0.1 1 2.0 4 2 xxx 17 Title 9 Chapter 1 -Water Use & Service I Private, for each 500 square feet of pool water surface area Public (to be computed on an individual basis) 0.25 xxx Tavern Theater Townhouse 2 2 1 Trailer court or Dark First unit Each additional space, long term tenant type Each additional space, short term tenant type 1 0.75 0.5 Triplex Variety store, for each 3,000 square feet of gross floor area or fraction thereof See Multiple Living Unit 1 E. Pass Through Charge To User: The United States Environmental Protection Agency has required the State of Idaho to test drinking water and the State of Idaho through the Department of Environmental Quality, has passed the cost of such testing down to local governmental and private water suppliers. The City must pass the cost of such testing to the water users, Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the Department of Environmental Quality amends or retracts this testing charge. (Ord. 743, 9-17-1996) 9-1-20: PAYMENT OF USER CHARGES; LATE FEE: All water charges shall be due and payable to the Municipal Billing Department fifteen (15) days after the date of the billing statement. Upon failure to pay the same, within the time allowed, the water user shall pay, in addition to the amount due, a late payment penalty as set by resolution of the City Council. (Ord. 03~1 044, 9-23-2003) 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Service; Notice: Each month the Municipal Utility Billing Department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests a pretermination hearing. Should the water user not request a pretermination hearing, or if an adverse decision is rendered against the owner after a pretermination hearing, the City may require the owner to pay the delinquent water bill attributable to the use, plus a turn on 18 Title 9 Chapter 1 -Water Use & Service I charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Mayor and City Council and shall be certified by the Finance Director. B. Right To Hearing: 1. The City, in its delinquency notice to all water users and owners, shall Inform them in writing of their right to a pretermination hearing, with such hearing to be held with the due process protection described below. If a pretermination hearing is requested by any water user, the City will not discontinue water service to any water user prior . to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the City. The City Council shall have the responsibility of holding pretermination hearings. The City Council shall make a record of all pretermination hearings. The City Council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the water user, the City Council will inform the water user of the right to appeal the decision pursuant to the Idaho State Administrative Procedures Act 1 (IC § 67-5201 et seq). 2. Provided, however, the City shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be a lien against the property as provided below. The City may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the City shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the City Council on the issue of whether the City can initially deny water services. In the case of an initial denial of water service, the City is not required to provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pretermination hearings delineated above. C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determinàtion of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the City Clerk shall, aUhe time of certifying the City taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. D. Security Deposit: Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the City may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the City Council. (Ord. 03-1044, 9-23-2003) 19 Title 9 Chapter 1 -Water Use & Service I 9-1-22: TURNING ON WATER AFTER TURN OFF FOR NONPAYMENT: If any person, after the water has been turned off from the premises on account of nonpayment of fees, or for failure to pay other charges assessed to the owner, or for other violation of the rules and regulations pertaining to the water supply, shall turn on or permit to be turned on, or use or permit the water to be used without authority, he shall be subject to the penalties provided for in section 9-1-36 of this chapter. (Ord. 476, 4-21- 1987) 9-1-23: AUTHORITY TO AMEND REGULATIONS: Nothing herein contained shall prohibit the Mayor and Council from amending, altering, or adding to the provisions of this chapter in relation to the water supply or the rules of same which may be adopted in conformity therewith. Provided, that no alteration in water rates shall apply to any charge upon, or contract made with, an owner under this chapter until after the expiration of the time for which such charge was made or contract entered into. Hereafter when, and/or if, the Mayor and City Council deem it advisable to alter the water or installation rates or charges as in this chapter recorded, such changes shall be made by resolution. (Ord. 476, 4-21-1987) 9-1-24: WATER FUND: All fees and charges received and collected under the authority of this chapter shall be deposited and credited to a fund to be designated as the Water Fund within the utility Enterprise Fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the domestic water system and any payments into a sinking fund established for the purpose of paying principal of and interest on the water indebtedness of the City which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the Water Fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the domestic water system of the City, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the City which shall from time to time be outstanding. (Ord. 03-1044, 9-23-2003) 9-1-25: PRIVATE WATER SYSTEMS: Where the Municipal water system is not available under the provisions of this chapter, a private water system may be installed; provided, that the system complies with all the provisions of this chapter. (Ord. 273, 1-6-1975, eff. 2-1-1975) A. Permit Required; Fee: Before commencement of construction of a private water system, the owner shall first obtain written permit from the City. The application for said permit shall be made on a form furnished by the City, which the applicant shall supplement by plans, specifications and other information as may be deemed necessary by the City. Review and inspection fees shall be established by resolution of the City Council. (Ord. 273,1-6-1975, eff. 2-1-1975; amd. 1999 Code) B. Inspection Of System: A permit for a private water system shall not permit the use of the system until the installation is completed to the satisfaction of the City. The City 20 Title 9 Chapter 1 -Water Use & Service I shall be allowed to inspect the work at any stage of construction and, the applicant for the permit shall notify the City when the work is ready for various inspections, and before any underground works are covered. The applicant shall be responsible for payment of all applicable inspection fees prior to issuance of a building permit. . C. Compliance With State Regulations: The type, capacities, location and layout of a private water system shall comply with all of the rules and regulations and recommendations of the State of Idaho Department of Environmental Quality. (Ord. 273, 1-6-1975, eft. 2-1-1975) D. Mandatory Connection With City Water When Available: The owner or occupant of any house, building or property used for residential, commercial, industrial, govemmental or recreational use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a City water line is hereby required to cease using any other water system and at his expense to connect such building directly with the City water in accordance with the provisions of this Chapter, within sixty (60) days after the date of official notice from the City to do so; provided, however, that the City water is within three hundred feet (300') of any property line where said building to be served is located. At such time as the Municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to Municipal service as required, it is mandatory that the private water supply is not connected or cross-connected in any way to the water lines served by the Municipal water system. (Ord. 476, 4-21-1987) E. Conduct Of Private System; Health And Safety: The owners shall operate and maintain the private water facility in a manner conducive to public health and safety at all times, and at no expense to the City. F. Provisions Additional To State Regulations: No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the State of Idaho Department of Environmental Quality or Department of Health and Welfare, (Ord. 273, 1-6-1975, eft. 2-1-1975) 9-1-26: WATER LINE DEVELOPMENT: The primary cost and responsibility for water line development shall be that of the owner, subdivider or developer. It shall be the owner, subdivider or the developer's responsibility to purchase and lay water lines from the present water supply to the proposed project and to the boundary of the project farthest from the original water supply line, including frontage roads. (Ord. 476,4-21-1987) 9-1.27: WATER PLANS ADOPTED: The City shall, from time to time and as necessary, update the water system master plan in order to provide adequate water supply to the City of Meridian. 9-1-28: PRESSURIZED IRRIGATION SYSTEM §.~~aJso.ubse<>!í.o.o_1_~,_.,_~N of this Code.3D: A. System Required; Waiver: 21 Title 9 Chapter 1 -Water Use & Service I 1. In addition to the requirements of this Chapter pertaining to the domestic water system and its use, every residentially zoned lot, parcel or piece of land upon which a residential unit will be constructed, after the effective date hereof, shall construct, install, or connect to a pressurized irrigation system. In the case of residential subdivision developments, a pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but not in the same trenches. There shall be no cross-connections between the domestic water lines and the irrigation water lines that do not comply with Chapter 3 of this Title. 2. Provided, however, the requirements of this Section may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. B. Standards: The City Engineer is hereby authorized and directed to establish standards for pressurized irrigation systems and all pressurized irrigation systems shall comply with those standards. However, those pressurized irrigation systems under the ownership and operation and maintenance responsibility of an irrigation district shall comply with the standards of that irrigation district. (Ord. 516, 10-3-1989) C. Joint-Use Connection Of Irrigation And City Systems: 1. No subdivision, or building, lot, or parcel of land located within that subdivision, which subdivision, building, lot, or parcel of land, has a common landscape sprinkler irrigation system being supplied landscape irrigation water from a source other than the City's domestic water system, shall be allowed to also connect its landscape sprinkler irrigation system to the City's domestic water system as a secondary source for "shoulder season" use. Provided however, all buildings, lots, or parcels of land, within the subdivision connected to the common landscape sprinkler irrigation system may be allowed one joint-use point of connection to the City's domestic water system which connection shall have an approved backflow prevention device. This joint-use connection shall only be to provide irrigation water during the time when the common landscape irrigation system has no supply of water. However, a joint-use connection shall not be allowed if the subdivision, building, lot or parcel is supplied irrigation water from a ground water well. The off-on control valve of this joint use connection shall be under the control of the Water Superintendent. (Ord. 570, 3-3-1992; amd. 1999 Code) 2. Fees: For water assessments on irrigable common areas included in a subdivision, the applicant must pay the portion of the water assessment fee -designated for City watersupply and storage. 9-1-29: CITY NOT LIABLE FOR SHORTAGE: The City shall not be held liable for damage to any person or properly by reason of stoppage or other interruption of the water supply, caused by scarcity of water, lack of pressure, accident to works or mains, alterations, additions, or repairs or from other unavoidable causes. (Ord. 476, 4-21-1987) 22 Title 9 Chapter 1 -Water Use & Service I 9-1-30: LAWN SPRINKLING AND WATER USE RESTRICTIONS: A. Lawn And Garden Sprinkling: 1.Sprinkling To Cease During Fire: The City may curtail non-domestic use of water during a state of emergency, as determined by the Public Works Director. No fountain attachment shall be of greater than three-fourths inch (3/4") in diameter unless otherwise approved by the City Engineer, and there shall be a stopcock to each fountain attachment and the same shall be under the control of the Superintendent of Waterworks. Any person violating any of the provisions of this Section shall, upon conviction thereof, be subject to penalty as provided in Section ~ 1-36 of this Chapter. 2. Sprinkling Hose Size: In any time of scarcity of water, whenever it shall, in the judgment of the Mayor and Council be necessary and they shall so direct, the Mayor shall, by proclamation, limit the use of water for other than domestic purposes; and in his/her discretion provide that lawn sprinklers and hydrants shall be used only on alternate days in certain designated localities and any person violating the provisions of this Section or of any proclamation made by the Mayor of the City shall, upon conviction thereof, be subject to penalty as provided in Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987) B. Water Use Restricted: Watering troughs for animals shall not be allowed a constant flow of water but shall be allowed to use such quantity as shall supply the actual needs of the stock having access thereto, nor shall continuous streams of water be permitted to flow from hydrants, faucets, or stops over wash basins, water closets, or urinals. (1955 Code § 5-115) 9-1-31: POST HOLE DIGGING: No utility poles, or other posts shall be located within four feet (4') of any water service pipe, nor within six feet (6') of any main pipe. (1955 Code § 5-118; amd. 1999 Code) 9-1-32: FIRE HYDRANTS: A. Authority To Operate; Obstructing Access: It shall be unlawful for any person, except one duly authorized by the City, to open, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary valve belonging to the City. Further, it shall be unlawful for any person to obstruct the access to any fire hydrant by placing any fence, stone, brick, lumber, dirt, or other material within five feet of the fire hydrant as measured horizontally in any direction. It shall be unlawful for any person to willfully or carelessly injure any fire hydrant. (Ord. 273, 1-6-1975, eff. 2-1-1975) B. Damaging Hydrants: Any person who shall willfully or carelessly run any vehicle against a fire hydrant, or draw or attempt to draw water therefrom shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine and costs, and be liable for all damages done to said hydrant. (1955 Code § 5-138; amd. 1.999 Code) 23 Title 9 Chapter 1 -Water Use & Service I 9-1-33: PROTECTION OF PIPES AND METERS: All water users shall keep their pipes, connections and other apparatus in good repair and protected from frost at their own expense. All water users shall provide and maintain a fpur (4) feet by four (4) clear access, centered on the water meter lid, to the water meter serving their lot. However no person, except under the direction of the Superintendent of Waterworks, shall be allowed to dig into the street or sidewalk for the purpose of laying, removing or repairing any service pipe. (1955 Çode § 5-108) 9-1-34: WASTE OF WATER OR INJURY TO WATER SYSTEM: A. Waste Prohibited: It shall be unlawful for any water user to waste water or ailow it to be wasted by imperfect water stops, valves or leaky pipes that are not under the jurisdiction of the City, or to permit the malicious or willful consumption of water, having no beneficial use. The City, based on meter readings, will make a determination of where water has been wasted and shall notify the user of that determination. It shall then be the user's responsibility to make the necessary repairs, or to institute actions that will correct the situation within ten (10) days of the City's notification to the user. All costs incurred, including the cost of wasted water and any repairs shall be the responsibility of the user and if it is necessary that the City correct the situation or make repairs, the cost and charges therefore may be assessed and added to the owner's water bill. B. Damage Or Injury To System: No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, pipe line, fire hydrant, fitting connection appurtenance or equipment which is a part of the Municipal water system. (Ord. 273, 1-6-1975, eff. 2-1-1975) 9-1-35: USERS LIABLE FOR VIOLATION: If any owner shall permit any person from any other premises, or any unauthorized user to use or obtain water from his premises or water fixtures, whether inside or outside of his buildings, the water supply of such owner may be cut off; and such unauthorized person shall, for taking said water, be liable to a fine, plus costs. Any user or owner suspected of having violated the provisions of this Chapter, other than nonpayment of user fees, assessments, or charges for repairs, shall be notified of the violation and be notified that if the violation is not corrected within ten (10) days, the Water Superintendent shall shut off his water; provided however, in the event of an emergency, the Water Superintendent may shut off the water without notification. (Ord. 476, 4-21- 1987) 9-1-36: PENALTIES: A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating any provisions of this Chapter, other than for nonpayment of a water bill, shall be served by the City with a written notice stating the nature of the violation and providing ten (10) days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make 24 Title 9 Chapter 1 -Water Use & Service I all corrections and repairs to the system or pay for same if the City has to make the correction or repair. (Ord. 476, 4-21-1987) B. Penalty Imposed; Discontinue Service: Any person who shall continue any violation beyond the time limit provided for in this Section, shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code, and shall have his water service terminated. Each day in which such violation shall continue shall be deemed a separate offense. (Ord. 476, 4-21-1987; amd. 1999 Code) C. Liability To City For Loss Or Damage: Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation and, for other than nonpayment of water bill violations, may have their water supply terminated after the above ten (10) day notice period has expired. D. Cumulative Penalties: These penalties shail not be construed to be exclusive but shall be cumulative of, and in addition to, any other penalties provided for in this City Code or the Criminal Code of the State of Idaho, As an example, a person stealing water could be criminally charged with theft or a person injuring the water system could be criminally charged with malicious injury to property. For all criminal violations relating or pertaining to the water system, the notice provisions provided for in this Chapter shall not apply. (Ord. 476, 4-21-1987) 25