Chapter 51 WATER

The management, control and operation of the city waterworks is hereby vested in a Utility Superintendent. The Mayor appoints the Utility Superintendent, subject to the approval of the Board of Public Works and Safety. The Superintendent, before entering on his duties, shall file with the Clerk-Treasurer, subject to the approval of the Mayor, a good and sufficient bond payable to the city in the penal sum of $1,000, conditioned for the faithful, impartial and honest performance of the duties and the proper accounting for all money or property that may come to his hands by virtue of such appointment. Such Superintendent shall be a resident citizen and qualified voter of the city at the time of his appointment.

(1994 Code, § 51.01) (Ord. 190, passed - -; Am. Ord. 2014-2082, passed 10-13-2014)

Statutory reference:

Authority to operate waterworks, see IC 36-9-2-14

51.02 DUTIES OF SUPERINTENDENT.

The Utility Superintendent shall have the sole management and control of the waterworks of the city; shall recommend all necessary extensions of water mains and pipes or any improvements or additions to the plant; shall purchase all necessary supplies for the works to keep same in good running order; provided, that no extraordinary purchase or repair shall be made without the consent, approval and direction of the Common Council; shall have general supervision of the entire plant and its appendages; shall at every regular meeting, or oftener if requested by the Common Council, submit all bills contracted for by him to the Board of Public Works and Safety, who shall report the same to the Council, and the latter, if they approve and confirm the bills, shall allow the same and order city warrants drawn therefor; shall quarterly or oftener if so requested by the Council submit a report in writing to the Council of entire expenditures of the works and a statement of the general condition of the plant with such recommendations as he may deem proper; it is hereby provided that no radical change in the works or their operation shall be made by the Superintendent without express authority and direction from the Common Council; he shall, immediately upon entering on the duties of his appointment as such Superintendent, make a full, true and correct inventory of all the property of the works, including number of feet of mains and their location, and of all the tools, implements, fixtures, material on hand and other appurtenances of the plant, and file the same, duly signed, with the Clerk-Treasurer; shall, as soon as possible after his selection, with the aid of the City Attorney, draw up such bylaws and regulations as he may deem necessary for the safe, economical and efficient management and protection of the waterworks, and shall also prepare a full and complete schedule of rates to be charged for the use of water, which bylaws and regulations shall be submitted to the Common Council, and at the meeting thereof, when submitted, shall stand for their confirmation and approval; and such bylaws and regulations when so confirmed shall have the same validity as this chapter when not repugnant hereto, or to the Constitution and laws of the state.

(1994 Code, § 51.02) (Ord. 190, passed - -; Am. Ord. 2014-2082, passed 10-13-2014)

51.03 OPERATION OF WATERWORKS DEPARTMENT; EXTENSIONS OF MAINS.

The city operates the Waterworks Department as a municipal utility. The waterworks, through the Board of Public Works and Safety or Council, may extend water mains to any section of the city which the Board of Public Works and Safety or Council feel is profitable or necessary. Mains may be extended to a location which is considered unprofitable by the city if the cost of such extension is paid for by the person benefitted.

(1994 Code, § 51.03) (Ord. 807, passed - -; Am. Ord. 2014-2082, passed 10-13-2014)

METERS AND CONNECTIONS

51.20 CITY WATER METER SYSTEM.

There is hereby established and installed in the city a water meter system for the purpose of furnishing and supplying the inhabitants thereof and all firms, corporations, companies, churches, public school buildings and all other public buildings in the city with water, under and subject to the restrictions and upon the conditions set out in this chapter. The city may at its own option put in and install a water meter for all persons, churches, school buildings or all other public buildings in the city, which are now using or that may hereafter desire to use and be supplied with water by the city from the waterworks of the city. All meters put in and installed shall be furnished, placed in position and kept in repair by the city. The meter box and all labor and materials for putting in and installing the meter shall be paid for by the meter taker at the actual cost of the same.

(1994 Code, § 51.10) (Ord. 375, passed - -)

51.21 ALL WATER TO BE METERED.

It shall be the duty of the Utility Superintendent to provide that all water drawn in any place from the city waterworks shall pass through a meter which shall correctly measure the quantity of water so passing, except water passing through the fire hydrants. The Superintendent shall report to the Common Council every 60 days the amount of water which has been used for public uses in the city, not including water used by the fire company or for any extinction of fire, nor by schools, churches or public halls, and the Common Council shall draw a warrant upon the General Fund of the city in favor of the Waterworks Fund for the payment of water so used.

(1994 Code, § 51.11) (Ord. 380, passed - -; Am. Ord. 2014-2082, passed 10-13-2014)

51.22 METERS, PIPES, AND THE LIKE CITY PROPERTY; METER LOCATION.

All pipes and fixtures lying between the water plant and sidewalk line, including all meters wherever located which shall have been installed by the city, shall be and remain under all circumstances the property of the city. When permission is given by the owner, the meter, or meter and meter box, may, at the option of the Utility Superintendent, be located on the premises of the owner, but the Superintendent shall have the right to enter upon the premises and to disconnect and remove the meter at any reasonable time. The Superintendent shall keep a record showing the size, kind and number of each meter installed by the city, its location, the date of its installation and the date of its removal.

(1994 Code, § 51.12) (Ord. 380, passed - -; Am. Ord. 2014-2082, passed 10-13-2014)

51.23 APPLICATION REQUIRED.

Any person, church, public school, or other public building wishing to take water from the city shall make application therefor to the Common Council, and such Council shall prescribe the terms and conditions for putting in a meter and the price to be paid for installing the same.

(1994 Code, § 51.13) (Ord. 375, passed - -)

51.24 SEPARATE SHUTOFFS REQUIRED FOR EACH DWELLING; EXCEPTION.

In every case where the water mains of the city are to be connected with a building or with 2 or more buildings, there shall be placed separate shutoffs outside each building for each family dwelling or business office unit therein; provided, that if in the furnishing of water service to a large apartment house, store, office or other building where it would seem unwise to install separate outside shutoffs for each individual user, the Utility Superintendent shall determine the number and sizes of the services to be installed, subject to the approval of the Common Council, and after the recommendation of the Superintendent has been approved by the Common Council, it shall be the minimum requirements with reference to the size of laterals, number of shutoffs, number of meters and like or similar matters.

(1994 Code, § 51.14) (Ord. 774, passed - -; Am. Ord. 2014-2082, passed 10-13-2014)

51.25 RESPONSIBILITY FOR BILLS WHERE SEPARATE SHUTOFFS NOT INSTALLED.

If more than 1 dwelling or office unit receives its water service from city water mains by 1 or more laterals where no separate outside shutoffs are provided for each family or business office unit, then all of the water used by such dwelling or office unit shall be billed to the owner of such dwelling or office unit, and he shall be responsible for the water bill regardless of the number of water meters installed in the building; provided, that if 1 tenant of such building will procure a customer’s water deposit sufficient to carry the estimated water bill for 6 months and will assume responsibility for the bill for the entire building, he will then take the place of the owner of the building as this section provides for the owner.

(1994 Code, § 51.15) (Ord. 774, passed - -)

51.26 SHUTOFF VALVE FOR EMERGENCY USE REQUIRED.

The owner of every building where the city provides water service shall provide a good shutoff valve just before the city water meter so that the water may be shut off by the tenants of the building in case of emergency. The tenants of all buildings shall be instructed by the Superintendent as to the location of the shutoff valve.

(1994 Code, § 51.16) (Ord. 774, passed - -)

51.27 INSTALLATION OF SHUTOFF VALVES AND METERS GENERALLY.

The owner of each building that is furnished with city water shall provide an outside shutoff valve, and a water meter shall be placed in the basement of such building or on the lot upon which such building is located or in the street directly in front of or in the alley in rear of such building. Neither the water meter nor the shutoff valve shall be located in the basement or on the property of any adjacent owner. In any case when the water meter or the shutoff valve is or shall be located on an adjacent property, the Superintendent may refuse to allow water to be furnished to such building until the provisions of this section are complied with.

(1994 Code, § 51.17) (Ord. 774, passed - -)

51.28 SERVICE PIPE REQUIREMENTS.

All service pipes in connection with the waterworks shall be laid 4 feet below the surface of the ground, and all material shall be sufficiently strong to resist the strain and pressure of the water.

(1994 Code, § 51.18) (Ord. 380, passed - -)

REGULATIONS REGARDING USE OF SYSTEM

51.30 SUPERINTENDENT’S ACCESS TO PIPE AND FIXTURES.

The Utility Superintendent or his representative shall have at all reasonable times access to the pipes and fixtures on the premises of the consumers.

(Ord. 2014-2082, passed 10-13-2014)

51.31 CITY LIABILITY.

The right to use water from the city waterworks is given upon the express consideration and with the understanding that if from any cause whatsoever the water supply should be temporarily cut off, no damage shall be claimed or paid on that account, and the water taker shall not have any right of action against the city for such cause.

(Ord. 2014-2082, passed 10-13-2014)

51.32 WATER PIPE EXTENSIONS.

No water pipe shall be extended to any adjoining premises except upon written permission from the Utility Superintendent. It is made the duty of the Superintendent to keep a record showing such extension of pipe.

(Ord. 2014-2082, passed 10-13-2014)

51.33 PROHIBITED ACTS.

(A) No person, unless authorized by the Utility Superintendent in writing with his signature attached, shall, except in time of fire, take water from any public cistern, fireplug or hydrant or remove the cover from any public cistern, fireplug, curb box, gate box or meter box or place or deposit any earth or other material in any such fireplug or box or appendage thereto or in any curb box, gate box or meter box, or turn any public stopcock or turn any private stopcock when such act would tend to obstruct the use thereof or injure in any manner any building, machinery, pipe, apparatus or fixture of the city waterworks. When fire hydrants or plugs are placed on public or private grounds by individuals, companies or corporations, the use of the same, except in case of fire, is prohibited.

(B) It shall be unlawful for any person in any manner to injure or deface the walls or foundations of the waterworks buildings, cisterns, wells or to injure any of the machinery, water pipes, hydrants or other parts thereof, or to wantonly, maliciously or mischievously open hydrants, or to throw stones or other substances into the cisterns or wells of the waterworks, or break or loosen or tamper with any seal which may be attached to any appendage of the waterworks.

(C) No person shall take any water from any public or private hydrant, plug, street washer, draw cock, hose pipe, fountain, cistern, street reservoir or fountain basin which shall have been filled in whole or in part from the city waterworks except by permission of the Utility Superintendent; nor shall he in any way use or take any water for private use which is furnished by the city waterworks if such person is in arrearage to the city for any sum due the city for the use of water.

(D) No person shall in any way change, modify, attach to or disconnect from any part of the city waterworks and its appendages between the waterworks plant and the various meters, or open or close any cock or valve lying within such limits except upon written permission of the Utility Superintendent with his signature attached.

(E) No person shall interfere with or purposely annoy or disturb any officer or employee of the waterworks while engaged in the discharge of his duties as such officer or employee.

(Ord. 2014-2082, passed 10-13-2014)

RATES AND CHARGES

51.40 DEPOSITS.

(A) The City Clerk-Treasurer shall collect the payment of a customer deposit of $150 from the prospective residential customers of the city waterworks for water service prior to the furnishing of such services. Such customer deposit shall be refunded to the customer upon the payment of the final charges for water service after the discontinuance of such services to the customer.

(B) In the event a customer for whom a deposit has been credited remains delinquent on his or her water bill for a period of 45 days, the Clerk-Treasurer shall be empowered to apply said deposit to the delinquent water bill. If any funds remain after application to the delinquent water bill, the Clerk-Treasurer shall be empowered to apply the balance to any delinquent garbage pick-up bill, stormwater bill, wastewater bill, or any other fees said customer may owe the city.

(C) The customer deposit of $150 required in subsection (A) of this section shall not accrue interest and therefore no interest on the $150 deposit shall be payable to the customer on return of the deposit to the customer after utility services are terminated by said customer.

(D) New accounts opened for nonresidential water users are hereby required to first make a deposit with the water utility in the amount equal to the billing for 1-1/2 times the highest monthly utility bill based upon a review of the past year’s billings for the property, or the anticipated amount of 1-1/2 months’ utility service based upon the nature and character of the customer’s use of the property for properties connected for the first time, or $150, whichever is greater. This deposit must be made prior to the water being turned on for said user. However, the Plymouth Common Council is hereby given the authority, after a petition is presented to it, to waive all or any part of the deposit as required and as calculated in this subchapter.

(Ord. 2022-2197, passed 6-27-2022)

51.41 SCHEDULE GENERALLY.

There shall be and there are hereby established for the use of and the service rendered by the waterworks system of the City of Plymouth the following rates and charges, based on the use of water supplied by said waterworks system:

Phase III – Effective September 1, 2024 (August Consumption)

(Outside corporate city boundaries rates and charges are approximately 14.9% higher than the rates and charges for customers inside corporate city boundaries.)

(A) Quantity of water used.

	Rate per 1,000 Gallons
Gallons per Month	Inside Corporate City Boundaries	Outside Corporate City Boundaries
First 3,000	$5.37	$6.17
Next 7,000	4.85	5.57
Next 20,000	4.04	4.64
Next 70,000	3.26	3.75
Next 200,000	2.46	2.83
Over 300,000	2.10	2.41

(B) Minimum charge per month. Each user shall pay a minimum charge per month in accordance with the following applicable size of meter installed for which the user will be entitled to the quantity of water set out in the above schedule of rates:

		Monthly Minimum
Size of Meter (Inches)	Gallons	Inside Corporate City Boundaries	Outside Corporate City Boundaries
5/8" – 3/4"	3,005	$16.13	$18.54
1"	7,953	40.13	46.10
1 1/4"	11,467	55.99	64.31
1 1/2"	17,430	80.08	91.98
2"	27,303	119.96	137.79
3"	51,172	199.88	229.70
4"	116,237	399.00	458.75
6"	277,655	796.09	915.56

	Per Month	Per Annum
Private fire hydrants, per hydrant	$43.34	$520.08
Flushing hydrants	No Charge	No Charge

(D) Public fire hydrants, per meter, per month.

	Rate per Month
Size	Inside Corporate City Boundaries	Outside Corporate City Boundaries
5/8" – 3/4"	$3.96	$4.55
1"	9.92	11.40
1 1/4"	15.86	18.22
1 1/2"	19.81	22.76
2"	31.71	36.43
3"	59.46	68.32
4"	99.08	113.84
6"	198.18	227.71

(E) Fire protection services – Sprinkler connections.

	Rate per Year (Billed Monthly)
Size	Inside Corporate City Boundaries	Outside Corporate City Boundaries
1"	$20.85	$23.96
1 1/2"	61.06	70.16
2"	129.20	148.45
3"	375.32	431.24
4"	799.15	918.22
6"	2,321.14	2,666.99
8"	4,945.39	5,682.25
10"	8,894.01	10,219.22
12"	14,366.12	16,506.67

(F) Temporary users. Water furnished to temporary users, such as contractors, shall be charged on the basis of the metered rates set forth above, as estimated and established by the Waterworks Superintendent.

(G) Charges for partial month service. When a utility customer either connects to or disconnects from the utility at a time of the month other than the first business day of the month or meter reading date (i.e., service for a partial month), then that customer shall be charged as follows:

(1) For flat rate connection charges (i.e., sprinkler connections and hydrant service), the customer shall be charged for 1/2 of the monthly rate if the services were connected for 1 to and including 15 days of the calendar month. If the customer was connected for 16 through 31 days of the calendar month, the customer shall be charged for the entire monthly rate.

(2) Metered connections shall be billed for 1/2 of the minimum rate, or actual consumption, whichever is greater, for service that has been provided for only 1 through 15 days of the calendar month. Service provided for metered connections for 16 through 31 days of the calendar month shall be charged the entire minimum monthly rate, or the actual consumption rate, whichever is greater.

(H) After hours service charge (non-emergency only).

After hours and Saturdays – $70 minimum for first 2 hours.

After 2 hours an additional $35 per hour per employee.

Sundays and holidays – $90 minimum for first 2 hours.

After 2 hours an additional $45 per hour per employee.

(Ord. 2022-2197, passed 6-27-2022)

51.42 TAPPING FEES.

A tap charge shall be collected from each customer prior to connection to the water system. The minimum size for water service line for new construction is 1 inch. The charge for any connection shall be an amount sufficient to reimburse the water department for labor, material, and overhead necessary for tapping the main, installation of service from the main to the property line (including curb stop), and the cost of furnishing and installing a suitable water meter. In no event shall the charge for such connection be less than $1,000.

(Ord. 2022-2197, passed 6-27-2022)

51.43 BILLING FOR WATER SERVICE; AND PAYMENT.

Such rates and charges shall be prepared, billed, and collected by the city in the manner provided by applicable statutes and ordinances.

(A) For the purpose of billing and collecting the rates and charges for water use, water meters shall be read monthly and the users shall be billed monthly; provided, however, that the city shall have the option of reading meters on a quarterly basis and billing the customer estimated bills in the first 2 months of each quarter with the final bill based upon meter reading until such time as the replacement meters and remote reading devices have been installed.

(B) All rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required.

The owners of properties served which are occupied by a tenant or tenants shall have the right to examine the collection records of the city for the purpose of determining whether the bills have been paid by such tenant or tenants; provided, that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.

(C) All rates and charges for active accounts are billed on or before the twentieth day of the month and are due on the fourth day of the following month (in months where the fourth day falls on a weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the customer is afforded a grace period until 11:00 a.m. local time on the next business day in which the City Clerk-Treasurer’s office is open to make payment). Bills that are not paid by the due date, or any applicable grace period, are hereby declared to be delinquent and a delinquency processing fee of 10% of the amount of the rates and charges outstanding shall be charged and shall become a part of said bill. Delinquent notices shall be mailed immediately after the due date, or any applicable grace period. This will be the final notice to the customer before disconnection of water service to the property. No other notice of any kind shall be necessary or issued.

Delinquent bills must be paid by 9:00 a.m. local time on the fifteenth day of any given month (in months where the fifteenth day falls on a Friday, weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the time in which to pay delinquent bills is extended until 9:00 a.m. local time on the next business day in which the City Clerk-Treasurer’s office is open). If delinquent bills are not paid in the time allowed, the customer’s account shall be placed on the delinquency list and assessed an administrative process fee in the sum of $30. Any water service to the property for such accounts shall be scheduled for disconnection. All accounts placed on the delinquency list are assessed the administrative fee regardless of whether the bill is paid in full prior to the time the water service is physically disconnected.

(D) When a customer requests that water service be disconnected at a property a final bill for all rates and charges shall be prepared. Final bills shall be issued on a rolling basis, within a reasonable time after the requested disconnection date. Final bills are due by the tenth day following the billing date (in months where the tenth day following the billing date falls on a weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the customer is afforded a grace period until 11:00 a.m. local time on the next business day in which the City Clerk-Treasurer’s office is open to make payment). Final bills that are not paid by the due date, or any applicable grace period, are hereby declared to be delinquent and a delinquency processing fee of 10% of the amount of the rates and changes outstanding shall be charged and shall become a part of said bill. Delinquent notices shall be mailed immediately after the due date, or any applicable grace period.

(E) Water service to a customer shall be disconnected for any of, but not limited to, the following reasons:

(1) A result of the nonpayment of any water account in the customer’s name, in accordance with the rules, regulations and ordinances previously establishing the policy for delinquent charges.

(2) Any check issued to the city in payment of charges or fees that is returned to the city and dishonored because of nonsufficient funds in the issuer’s bank account or because of a closed account, the water service shall be disconnected immediately.

(3) Service shall be disconnected immediately in the event that the mailed utility bill is returned to the city as undeliverable by the United States Postal Service.

(F) A customer must become current on their outstanding water service bill and all associated fees before reconnection of service will be scheduled.

(G) Notwithstanding any other policy for review of utility charges, if a customer disputes the rates and charges reflected on a monthly bill, he may request a hearing before the Plymouth Board of Public Works and Safety prior to any disconnection of water service. Such request must be filed in writing with the Clerk-Treasurer by the fourth day of the month (in months where the fourth day following the billing date falls on a weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the customer is afforded a grace period until 11:00 a.m. local time on the next business day in which the City Clerk-Treasurer’s office is open to file the request). The hearing will be scheduled during the first regularly scheduled meeting of the Plymouth Board of Public Works and Safety held during the month in which the request is filed. Any late request, filed after the time allowed, will not delay disconnection of water service. After hearing all evidence presented at a hearing, the Board is empowered to order any relief it deems appropriate under the circumstance, including, but not limited to, directing the Clerk-Treasurer to waive delinquency processing fees or other fees or charges assessed.

(Ord. 2022-2197, passed 6-27-2022; Am. Ord. 2023-2220, passed 10-9-2023)

51.44 BILLING.

Repealed by Ord. 2017-2129.

(Ord. 2014-2082, passed 10-13-2014)

51.45 RECONNECTION FEE.

Repealed by Ord. 2017-2129.

(Ord. 2014-2082, passed 10-13-2014)

51.46 ADDITIONAL CHARGES.

(A) Water customers are subject to the following additional charges, as may be applicable:

(1) Replacement Costs for Lost, Damaged, or Stolen Water Meters
5/8" – 3/4"	$125
1"	$160
1 1/4"	$1,000
1 1/2"	$1,350
2"	$1,500
3"	$2,000
4"	$3,300
6"	$5,800
(2) Service Call Fee for After-Hours Call for Non-City Plumbing Issue (for example, no homeowner water shut-off valve)	$50
(3) Refusal to Install Shut-Off Valve, If Not Completed After 7 Days	$20 per day

(B) The Utilities Superintendent shall advise the Clerk-Treasurer’s Office of any such fees identified above when due for billing and collection.

(Ord. 2018-2138, passed 7-23-2018)

BACKFLOW PREVENTION

51.50 STATEMENT OF PURPOSE AND EFFECT.

It is the purpose of this chapter to provide a program for protecting the public water system from contamination due to backflow of contaminants through the water service connection into the public water system. This chapter does not supersede the Indiana Plumbing Code, the IDEM Rule 327IAC 8-10 or the city’s building/plumbing regulations, but is supplementary to them.

(Ord. 2016-2105, passed 10-10-2016)

51.51 DEFINITIONS.

For the purposes of this chapter the following definitions apply unless the context clearly indicates or requires a different meaning.

CROSS CONNECTION. A cross connection shall be defined as any physical connection or arrangement between 2 otherwise separate systems, 1 of which contains potable water from the city water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from 1 system to the other, the direction of flow depending on the pressure differential between the 2 systems.

HIGH HAZARD CONSUMERS. A high hazard consumer or similar term shall be defined as a consumer determined by the Indiana Department of Environmental Management (IDEM) as high hazard by using toxic or hazardous liquids, which include:

(1) Aircraft and missile manufacturing plants.

(2) Automotive plants.

(3) Beverage bottling plants, including dairies and breweries.

(4) Canneries, packing houses and reduction plants.

(5) Car washes.

(6) Chemical, biological, radiological laboratories, including those in high schools, trade schools, colleges, universities and research institutions.

(7) Hospitals, clinics, medical buildings, autopsy facilities, morgues, medical facilities and mortuaries.

(8) Metal and plastic manufacturing, fabricating, cleaning, plating and processing facilities.

(9) Plants manufacturing paper and paper products.

(10) Plant manufacturing, refining, compounding, or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum products, pharmaceuticals, radiological materials, or any chemical that could be a contaminant to the public water supply.

(11) Commercial facilities that use herbicides, pesticides, fertilizers, or any chemical that could be a contaminant to the public water supply.

(12) Plant processing, blending, or refining animal, vegetable or mineral oils.

(13) Commercial laundries and dye works, including coin-operated laundromats.

(14) Sewage, stormwater and industrial waste treatment plants and pumping stations.

(15) Waterfront facilities, including piers, docks, marinas and shipyards.

(16) Industrial facilities that recycle water.

(17) Restricted or classified facilities (federal government defense or military installations), or other facilities closed to the supplier of water or to the commissioner.

(18) Private water wells connected to the municipal water system.

(19) Irrigation systems.

(20) Any other application deemed a risk to the public water supply as determined by the City of Plymouth Water Department.

(Ord. 2016-2105, passed 10-10-2016)

51.52 REGULATION OF CROSS CONNECTIONS.

(A) No person, firm, or corporation shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply or distribution system of said municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by the City of Plymouth Water Department and by the Indiana Department of Environmental Management in accordance with 327 IAC 8-10.

(Ord. 2016-2105, passed 10-10-2016)

51.53 INSPECTION REGIME.

Inspection of any cross connection shall occur as follows:

(A) It shall be the duty of the City of Plymouth Water Department to cause inspections to be made of all properties served by the public water system where cross connections with the public water system are deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be established by the City of Plymouth Water Department.

(B) Upon presentation of credentials, the representative of the City of Plymouth Water Department shall have the right to request entry at any reasonable time to examine the property served by a connection to the public water system of the city for cross connections. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of access or refusal of requested pertinent information shall be deemed evidence of the presence of cross connections.

(Ord. 2016-2105, passed 10-10-2016)

51.54 TERMINATION OF WATER SERVICE.

After applicable inspection of a water consumer’s property or the refusal thereof, if necessary, water service may be terminated as follows:

(A) Ordinary circumstances. The City of Plymouth Water Department is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of §§ 51.50 through 51.55 exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of §§ 51.50 through 51.55.

(B) Emergency circumstances. If it is deemed by the City of Plymouth Water Department that a cross connection or an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the clerk of the city and delivered to the consumer’s premises, service may be immediately discontinued. The consumer shall have an opportunity for hearing within 10 days of such emergency discontinuance.

(Ord. 2016-2105, passed 10-10-2016)

51.55 BACKFLOW PREVENTION DEVICE – WHEN REQUIRED.

The installation of a backflow prevention device shall be required under the following circumstances:

(A) General consumers. If, in the judgement of the Utilities Superintendent, based on IDEM guidelines, an approved backflow prevention device is necessary for the safety of the public water system, the Utilities Superintendent will give notice to the water consumer to install such an approved device immediately. The water consumer shall, at his own expense, install such an approved device at a location and in a manner approved by the Utilities Superintendent and shall have inspections and tests made of the device as required by the Utilities Superintendent and in accordance with the IDEM Rule 327 IAC 8-10.

(B) High hazard consumers. All consumers using toxic or hazardous liquids, all hospitals, mortuaries, wastewater treatments plants, laboratories, and all other hazardous users shall install and maintain a reduced pressure principal backflow preventer. The reduced pressure principal backflow preventer shall not be installed below ground level and must be installed in an easily accessible location not subject to flooding or freezing.

(Ord. 2016-2105, passed 10-10-2016)

WATER SHORTAGES

51.75 APPLICATION.

This subchapter shall apply to all persons, firms, partnerships, associations, corporations, companies or organizations of any kind connected to the city public water system or using water therefrom (hereafter referred to as users).

(1994 Code, § 51.55) (Ord. 92-1571, passed 1-25-1993)

51.76 DECLARATION OF NEED.

Upon determining that the city’s public water system is in imminent danger of a shortage of water or is experiencing a shortage of water, the Board of Public Works and Safety shall declare a water conservation emergency and establish the appropriate conservation measures and the duration thereof.

(1994 Code, § 51.56) (Ord. 92-1571, passed 1-25-1993; Am. Ord. 2014-2082, passed 10-13-2014)

51.77 VOLUNTARY CONSERVATION.

In accordance with § 51.81, users shall be requested to reduce water consumption by practicing voluntary conservation techniques. The Board of Public Works and Safety shall suggest reasonable and meaningful actions which will alleviate existing or potential water shortage.

(1994 Code, § 51.57) (Ord. 92-1571, passed 1-25-1993; Am. Ord. 2014-2082, passed 10-13-2014)

51.78 MANDATORY CONSERVATION.

In accordance with § 51.81, users shall be prohibited from the water uses listed below, subject to reasonable terms, times and conditions as the governing body shall determine:

(A) Sprinkling, watering or irrigating of shrubbery, trees, grass, ground covers, plants, vines, gardens, vegetables or any other vegetation;

(B) Washing of automobiles, trucks, trailers, mobile homes, railroad cars or any other type of mobile equipment;

(D) Washing and cleaning of any business equipment or machinery;

(E) The filling of swimming pools, wading pools and ornamental fountains;

(F) Knowingly allowing leakage through defective plumbing.

(1994 Code, § 51.58) (Ord. 92-1571, passed 1-25-1993)

51.79 RATIONING.

In addition to the mandatory conservation measures identified in § 51.77 and in accordance with § 51.81, users shall be limited to water use per the following schedule:

(A) Residential use shall be limited to 15 gallons per person per day;

(B) Business, commercial and industrial users shall be limited to 30% of the volume of water used during the corresponding month of the preceding year. Business, commercial or industrial users that were not in business and operating in the area served by the city water system more than 1 year prior to the declaration of need shall be restricted to 30% of the average monthly volume of water used during the number of months such business, commercial or industrial user was in business and operating in the public water system area.

(1994 Code, § 51.59) (Ord. 92-1571, passed 1-25-1993)

51.80 EXCEPTIONS.

The Board of Public Works and Safety retains the right to establish alternative rationing requirements for the following:

(A) Health care providers;

(B) A reasonable use of water to maintain adequate health and sanitary standards;

(1994 Code, § 51.60) (Ord. 92-1571, passed 1-25-1993; Am. Ord. 2014-2082, passed 10-13-2014)

51.81 NOTICE.

(A) Notice of voluntary conservation measures shall be by publication in a local newspaper of general circulation or other means as deemed appropriate by the Board of Public Works and Safety. Said notice shall be effective upon publication.

(B) Notice of mandatory conservation or rationing shall be by first class United States mail, or by other door-to-door distribution to each current user, and by electronic and print media. Said notice shall be deemed effective at the conclusion of door-to-door distribution or at noon of the third day after depositing same in the United States mail.

(1994 Code, § 51.61) (Ord. 92-1571, passed 1-25-1993; Am. Ord. 2014-2082, passed 10-13-2014)

51.82 ENFORCEMENT.

Any user who violates §§ 51.78 or 51.79 of this chapter may be punished by a fine as set forth in § 10.99. Each day of violation shall constitute a separate offense. In addition to, or in the alternative to a fine, water service may be terminated for any user who violates §§ 51.78 or 51.79.

(1994 Code, § 51.62) (Ord. 92-1571, passed 1-25-1993)

PRIVATE WATER WELLS

51.90 APPLICABILITY.

For the purposes of this chapter, PRIVATE WATER WELL means any drilled, driven point, dug, bored or jetted well, constructed for the purposes of obtaining groundwater, which is owned by any private person or entity. The regulations regarding private water wells set forth in this chapter do not apply to municipal drinking water wells or any other water wells owned or maintained by the city.

(Ord. 2013-2057, passed 4-29-2013)

51.91 PERMITTING OF PRIVATE WATER WELLS.

Private water well permits shall be issued by the Clerk-Treasurer’s Office only after the following conditions have been met:

(A) All private water wells shall be located so that no danger of pollution from flooding or unsanitary surroundings exists; and

(B) All private water wells shall be located at least 50 feet from any property line of applicant’s property; and

(C) Any person acting as a private water well driller must hold a license in good standing issued by the Indiana Department of Natural Resources, pursuant to I.C. 25-39 and 312 IAC 13; and

(D) Each proposed private water well, private water well location, and private water well design shall meet each condition established by the Indiana Department of Natural Resources and the Indiana Department of Environmental Management; and

(E) Each private water well permit applicant shall first agree, as a part of the permit application, to consent to the inspection of the private water well drilling process, and shall additionally consent to annual inspections and testing of the private water well site in addition to all potential cross connection locations with the Plymouth public water system and the Plymouth sanitary sewer system; and

(F) Any water to be produced from any private water well drilled within the city limits of Plymouth shall be used exclusively for irrigation and/or agricultural purposes only.

(Ord. 2013-2057, passed 4-29-2013)

51.92 EXEMPTION FROM PERMIT REQUIREMENTS.

A private water well driller or any person maintaining or operating a private water well may seek an exemption from the permit conditions and requirements set forth in § 51.91 by filing a written request for exemption with the Board of Public Works and Safety. Industrial wells which require nonchlorinated/nonfluoridated water for production will be considered for such exemption, as well as any other requests upon good cause shown. The Board of Public Works and Safety shall consider the input or recommendation, if any, of the Utility Superintendent before reaching its decision with respect to any request for exemption.

(Ord. 2013-2057, passed 4-29-2013)

51.93 PREVENTION OF CONTAMINATION OF PUBLIC WATER SUPPLY AND CROSS CONNECTION.

(A) Each person maintaining or operating a private water well within the city limits shall install and maintain a backflow prevention device acceptable to the Utility Superintendent of the City of Plymouth on the water line immediately adjacent to any city water meter serving the property upon which such private water well is located in a manner sufficient to prevent contamination to the Plymouth municipal water supply by private well water in the event that the private well system were to be inadvertently cross connected to the city water system. Such device shall be annually inspected and certified in operable condition by a licensed inspector for such purpose and certification provided to the city.

(B) It shall be unlawful to cross connect any private water well in the city to any pipe or line intended to or capable of carrying city municipal water.

(C) It shall be unlawful to permit water discharged from a private water well in the city to flow into or be diverted into the municipal sanitary sewer system without prior consent of the city. In the event that the city determines that private well water is being discharged into the city sanitary sewer system, the applicant shall be deemed by its application for a private water well permit to have consented to and authorized the City of Plymouth to install a metering device upon the private water well, and shall thereafter pay the regular municipal charges for sewer treatment for all water produced by the private water well. In such event, the applicant shall install a meter and remote read out apparatus upon the private water well at the applicant’s expense. The city shall invoice the applicant thereafter for the costs of sewer treatment regularly charged other city residents for all water produced from said well. In the event that the applicant fails to pay said sewer charges in accordance with the regular sewer billing and payment policies of the city, the city may disconnect municipal water service to the applicant’s property and may also enter upon the applicant’s property and disable the private water well so as to prevent water from being produced therefrom. Responsibility for any damage to the private water well in such event shall remain solely the responsibility of the applicant.

(D) Each applicant for a private water well permit shall, as a condition of the permit, authorize each act of the City of Plymouth authorized in this chapter. Each application shall reference the applicable City Code, and the applicant shall be entitled to receive a copy of this chapter at the time of application. The representations and agreements of the applicant shall run with the private water well, and upon the sale or transfer of any property upon which a private water well is located, the transferee shall be required to complete and file with the Clerk-Treasurer an application to transfer private water well permit, by which the transferee of the private water well permit shall agree to be bound to the agreements and authorizations of the original applicant.

(Ord. 2013-2057, passed 4-29-2013)

51.94 PERMIT FEES AND INSPECTIONS.

(A) Each private water well permit application, including applications to transfer private water well permit and written requests for exemption from permit conditions and requirements, shall be accompanied by a fee of $75.

(B) The Plymouth Utility Superintendent, or his designee, may conduct an inspection of the premises upon which any private water well is located. Said inspection may be conducted to ensure that the private water well is being maintained in a safe and wholesome manner, and that all municipal, state and federal regulations are being met. Said inspection may include, but is not limited to, confirmation that no cross connections to either the municipal water system or the sanitary sewer system have occurred and a determination that the backflow prevention device or devices are in proper working order.

(Ord. 2013-2057, passed 4-29-2013)

51.95 APPLICATION TO EXISTING PRIVATE WATER WELLS.

In order to protect the health and safety of the citizens of Plymouth, the provisions of this chapter shall apply to all existing private water wells.

(Ord. 2013-2057, passed 4-29-2013)

51.96 PENALTIES.

A violation of any provision of this chapter shall be punishable by fines in accordance with the general penalty provisions contained in § 10.99.

(Ord. 2013-2057, passed 4-29-2013)

CHAPTER 51WATER

51.01 APPOINTMENT OF SUPERINTENDENT.

51.02 DUTIES OF SUPERINTENDENT.

51.03 OPERATION OF WATERWORKS DEPARTMENT; EXTENSIONS OF MAINS.

51.20 CITY WATER METER SYSTEM.

51.21 ALL WATER TO BE METERED.

51.22 METERS, PIPES, AND THE LIKE CITY PROPERTY; METER LOCATION.

51.23 APPLICATION REQUIRED.

51.24 SEPARATE SHUTOFFS REQUIRED FOR EACH DWELLING; EXCEPTION.

51.25 RESPONSIBILITY FOR BILLS WHERE SEPARATE SHUTOFFS NOT INSTALLED.

51.26 SHUTOFF VALVE FOR EMERGENCY USE REQUIRED.

51.27 INSTALLATION OF SHUTOFF VALVES AND METERS GENERALLY.

51.28 SERVICE PIPE REQUIREMENTS.

51.30 SUPERINTENDENT’S ACCESS TO PIPE AND FIXTURES.

51.31 CITY LIABILITY.

51.32 WATER PIPE EXTENSIONS.

51.33 PROHIBITED ACTS.

51.40 DEPOSITS.

51.41 SCHEDULE GENERALLY.

51.42 TAPPING FEES.

51.43 BILLING FOR WATER SERVICE; AND PAYMENT.

51.44 BILLING.

51.45 RECONNECTION FEE.

51.46 ADDITIONAL CHARGES.

51.50 STATEMENT OF PURPOSE AND EFFECT.

51.51 DEFINITIONS.

51.52 REGULATION OF CROSS CONNECTIONS.

51.53 INSPECTION REGIME.

51.54 TERMINATION OF WATER SERVICE.

51.55 BACKFLOW PREVENTION DEVICE – WHEN REQUIRED.

51.75 APPLICATION.

51.76 DECLARATION OF NEED.

51.77 VOLUNTARY CONSERVATION.

51.78 MANDATORY CONSERVATION.

51.79 RATIONING.

51.80 EXCEPTIONS.

51.81 NOTICE.

51.82 ENFORCEMENT.

51.90 APPLICABILITY.

51.91 PERMITTING OF PRIVATE WATER WELLS.

51.92 EXEMPTION FROM PERMIT REQUIREMENTS.

51.93 PREVENTION OF CONTAMINATION OF PUBLIC WATER SUPPLY AND CROSS CONNECTION.

51.94 PERMIT FEES AND INSPECTIONS.

51.95 APPLICATION TO EXISTING PRIVATE WATER WELLS.

51.96 PENALTIES.

CHAPTER 51
WATER