Chapter 13.04 WATER SUPPLY SYSTEM

2. "Auto court, motor court, travel trailer court, motel, hotel, etc." means the combination or group of two or more dwelling units occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations.

3. "Backflow" means the flow other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of the town water supply.

4. "Backflow prevention device" means a device to counteract back pressure or prevent back siphonage.

5. "Commercial building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind or for any type of business or enterprise or for any other purposes not otherwise described or covered under subsections 2, 10, 13, 22 or 24 of this section.

6. "Commercial user" means all persons not specifically classified as domestic or as an industrial water user.

7. "Contamination" means the entry into or presence in a town water supply of any substance which may be deleterious to health and/or quality of the water.

8. "Cross-connection" means any physical arrangement whereby the town water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality which may be capable of imparting contamination to the town water supply as a result of backflow.

9. "Domestic water usage" means water that is used principally for dwellings, business buildings, institutions, and like.

10. "Duplex" means a building designed, built, rented, or leased for occupancy by two families living independently of each other.

11. "MG" means million gallons.

12. "MGD" means million gallons per day.

13. "Multiple-family dwelling or apartment house" means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied or which is occupied as the home or residence of three or more families or persons living independently of each other and doing their own cooking within the premises, which shall include townhouses or condominiums.

14. "Parts per million" means a weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

15. "Person" means any individual, firm, company, association, society, corporation, group or other entity.

16. "Private water system" means a water system serving two or more buildings, residences or properties, constructed by private contract outside of the public right-of-way and remaining under private ownership and jurisdiction and which shall be maintained by said private owners. Private water systems shall be designed, constructed, and maintained by the private owners to the same design, construction, and maintenance standards as are public water systems.

17. "Public water system" means a water system provided by or subject to the jurisdiction of the town. It shall also include water systems within or outside the town boundaries that serve one or more persons and obtain their water supply from the town water system, even though the water system may not have been constructed with town funds. All public water mains shall be located in dedicated public rights-of-way or easements. Public water mains shall be at least six inches in diameter.

18. "Replacement" means any expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the water system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

19. "Service charge" means the charge levied on all users of the water system for the purpose of repayment of town indebtedness for the construction and installation of the system and for its efficient maintenance and operation, and in establishing such rates and charges the town has taken into account the cost and value of the system, operation and maintenance expenses, possible delinquencies, proper allowance for depreciation, contingencies and any amounts necessary to retire all bonds payable from net revenues and the reserve required for these.

20. "Service connection" means a water line connected to the water main.

21. "Service line" means the extension from the building water system to the public water main and is sometimes referred to as the water service connection or water service line.

22. "Single family dwelling" means a building designed for or occupied by one family for living or sleeping purposes, and having one kitchen or set of cooking facilities.

23. "Trailer house or mobile home" means any vehicle used or so constructed as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

24. "Town" means the town of West Yellowstone, Montana.

25. "Volume ratio unit" means the ratio of the normal maximum amount of flow occurring in a water service line of a given size as compared to the normal maximum amount of flow occurring in a three-quarter-inch water service line.

26. "Water" means potable water meeting the requirements of the state for public water systems.

27. "Water distribution and supply system" means all facilities for transporting, pumping, storing and pressurizing of water, and includes water main as well as the water supply system.

28. "Water main" means the pipe laid in a street, road, alley or easement and running approximately parallel to the street, road, alley or easement for the distribution of water to the customers, and which is owned, operated, controlled and maintained by the town.

29. "Water meter" means a device which is calibrated and constructed to measure the exact amount of water that flows through the device in total gallons. The water meter, when used, shall include the actual meter plus yoke, remote readout device and meter box, if required.

30. "Water superintendent" means the water superintendent of the town of West Yellowstone.

31. "Water supply system" means an assemblage of springs, wells, pumps, devices, structures, equipment and tanks for providing water for domestic, commercial or industrial uses.

32. "Water system" means a water main line that conveys potable water to a residence, commercial user, industry or other establishment for consumptive use, irrigation, process or similar uses. (Ord. 240 §1, 2008; Ord. 138 §1, 1989)

13.04.020 Connection to water system required.

Every parcel of land or premises within the boundaries of the town that is to be improved by any person or persons shall be connected to the public water system. The owner or person in charge of such land shall make or cause to be made such connection before such land is occupied for a dwelling or commercial building. All charges associated with the laying of pipe from the home or facilities to be served to the town’s water mains and all other costs incurred in connecting to said mains shall be borne by the property owner. All such connections to the town’s mains shall be properly designed and constructed in conformity with requirements specified by the town. If a parcel of land is not within three hundred feet of a water main, connection is optional. The owner shall also provide the water meter and shall have the meter installed at his expense. The owner shall be responsible for all other service and connection costs. The intent is not to require mandatory connection of improved lots as of the effective date of the ordinance codified in this chapter, except where a subscription agreement has been signed and filed with the town clerk. (Ord. 138 §2, 1989)

13.04.030 Denial of service.

The water superintendent may prohibit the connection to the public water system for any user that does not comply with the limitations set forth in this chapter. (Ord. 138 §3, 1989)

13.04.040 Independent service lines and meters required.

A. The water main line and water service line(s) shall be so arranged that there is a separate and independent water service line and meter to each individual building, place of business, or tract of land, except in such cases as property owners in the same block may make arrangements with the town or its engineer for the use of a common line across public property which can be extended to individual properties. Such applications shall be made by the owners and reviewed by the town engineer on a cost-effective basis.

B. After the effective date of the ordinance codified in this chapter, a separate and independent water service line and meter shall be provided for every new building connecting to the water system of the town. Separate service lines and meters are not required for each trailer space in overnight trailer courts, nor for each cabin in cabin courts; however, separate water service lines and meters are required for trailer houses on individual lots or for long-term trailer rental units in mobile home courts. (Ord. 138 §4, 1989)

13.04.050 Existing branch service lines.

Where water service is now provided through one water service line to several customers (branch service lines), the town by resolution of its town council, may decline to continue to provide water for said premises until separate water service lines are provided at the owner’s expense. Where more than one dwelling is served from one such service line, the established rate shall be charged for each customer in the same manner as if each did, in fact, have an individual water service line. (Ord. 138 §5, 1989)

13.04.060 Service line and meter maintenance.

All water users shall keep their individual water service lines and water meters in good repair and shall keep them in such good condition that they shall not allow any leakage from the town’s water system. (Ord. 138 §6, 1989)

13.04.070 Tampering with system unlawful.

It is unlawful to disturb, destroy, damage, adjust, molest, meddle, or otherwise interfere with any portion of the town water distribution or supply system or its appurtenances, located on either public or private property. Should any damage result, either intentionally or unintentionally, from handling or otherwise tampering with said water system, the violator shall pay for all costs incurred in connection with the repairs of said system and/or for any damages that may result from the tampering with said water system. (Ord. 138 §7, 1989)

13.04.080 Water superintendent duties.

The water superintendent of the town is empowered, and it is made his duty, in all cases where there is a public water system with in three hundred feet to notify every owner or person in charge of land, or premises, requiring a water service building connection as specified in Section 13.04.020 to comply with the provisions of that section of this chapter within ninety days or cease to use or occupy the land. A lessee of land shall be deemed to be in charge. (Ord. 138 §8, 1989)

13.04.090 Installation permit required.

A. It is unlawful to install or alter any water system or service line within the town or to tap onto or connect to any water line whether lateral or main, without having first obtained from said town a permit therefore.

B. An application for a connection to the town water system shall be made at the office of the water superintendent and no connection shall be made to any water main with out a valid permit therefore having been issued by the water superintendent.

C. It is unlawful for any person to uncover, make any connection with or opening into, use, alter or disturb any public water main line or appurtenance thereof, without first obtaining a written permit to perform said work from the water superintendent. (Ord. 138 §9, 1989)

13.04.100 Excavation permit required.

No permit shall be granted to do water line work in any street, alley, or public easement until the applicant has first obtained an excavation permit as required by the town. (Ord. 138 §10, 1989)

13.04.110 Service line extension or repair permit required.

A. When any water service line or private water system connected with any public water main is leaking, broken or out-of-order, on private property (outside of any public right-of-way or easements) the owner, agent or tenant of such premises shall repair the same at his own expense. No person shall construct, relay, repair or extend any water service connection or private water system until the person doing said work has obtained the appropriate water permit for same.

B. It shall be unlawful for any person to extend any private service line beyond the limits of the building or property for which a permit has been given without obtaining a new permit for the desired extension. The existence of a water permit shall in no way be construed as making permissible any work for which an excavation permit may be required by the town. (Ord. 138 §11, 1989)

13.04.120 Installation and maintenance of service lines.

A. As part of the construction of the original water system in 1989, the town will construct, at the town’s expense, a tap with a pipe not to exceed five feet with a stop and waste valve at the end, for each individual property owner who executes an agreement with the town for water service (i.e., water subscription agreement) on or before October 1, 1989. All other property owners desiring water service whether for an existing dwelling unit, commercial facility, or a newly constructed facility who has not executed a water subscription agreement with the town for water service on or before October 1, 1989, shall be required to obtain all permits, licenses, etc., required by this chapter and shall be required to install his own water service line as explained in the following subsections.

B. When a permit for a water service line has been granted, the water tap at the main line shall be installed by the town at the town’s expense. The actual service line and all associated excavation, backfill, street repair and piping shall be completed by the property owner at his expense. The owner shall be responsible for all costs of hookup from the tap and shutoff at the property line; and shall obtain his water meter by purchase from the town.

C. All water service lines within any public right-of-way or easement shall be constructed by the property owner requesting the water service, and in any new subdivision they may be installed as part of the construction of the new water distribution system within said subdivision, and provided, further, that the water and service lines are constructed, inspected, tested and certified as being in conformance with the town standard drawings and specifications governing the construction of water service lines.

D. Water service lines may also be installed by contract in conjunction with town-sponsored projects or when, in the opinion of the water superintendent, it is in the town’s best interests to have or allow said water service lines to be installed by other than town personnel. (Ord. 138 §12, 1989)

13.04.130 Installation and maintenance of water meters.

A. The town shall sell to all property owners connecting to the water system an appropriately sized water meter, yoke, remote readout and meter box if required. It shall thereafter be the responsibility of each individual property owner to install this water meter, yoke and remote readout in accordance with the town standard drawings and specifications and as directed be the town water superintendent. The water meter remote readout shall be placed on an exterior wall of the building at least six feet above the ground and in a location next to a commonly used or maintained entrance way such that the remote readout will be accessible to the town’s meter reader at all times during both summer and winter conditions.

B. If the meter is determined to be malfunctioning by the town after proper inspection by the water superintendent, it shall be the town’s responsibility to provide the property owner with new water meter and/or remote readout facilities as replacements for the malfunctioning units. It shall thereafter be the owner’s responsibility to replace the malfunctioning meter and/or remote readout facilities on his private property and return the displaced meter and/or remote readout facilities to the town superintendent. (Ord. 138 §13, 1989)

13.04.140 Meter remote readouts--Madison addition.

A. In all buildings constructed in the Madison addition to the town, after the effective date of the ordinance codified in this section, the building official shall require that water meter remote readouts for use with the town water system shall be placed adjacent to the main entry of the building or the garage associated with the building. The water meter shall be placed in such a manner by the property owner that the sewer department and building official may have access to it, and where the meter is protected from the elements.

B. All water meter remoted readouts shall be placed a minimum of six feet above the ground, and it shall be the sole responsibility of the home builder or home owner to install the remote readouts in such a manner.

C. Any violations of the provisions of this section shall be prosecuted and punished as provided in the Uniform Building Code in effect in the town at the time of violation. (Ord. 118 §§1--3, 1986)

13.04.150 Right to revoke permissions.

Permission given to connect to the water main shall be upon the express condition that the water superintendent may for good cause revoke the same and the person making such connection, or his successor in interest, shall have no right to claim any damage in consequence of such permission being revoked. (Ord. 138 §14, 1989)

13.04.160 Water system construction--Plans--Specifications and inspection.

A. All construction or reconstruction of public, private and water service lines shall be in accordance with the town standard drawings and standard specifications and subject to inspection by the town.

B. Plan and profile drawings shall be prepared for all new water mains (whether public or private) and for all water main extensions, reconstructions or renovations; and all such plan and profile drawings must be reviewed and approved by the town engineer and the state of Montana Water Quality Bureau before any construction work on the water lines is started. (Ord. 138 §15, 1989)

13.04.170 Right of access.

The water superintendent and the town representative assigned to read the water meters shall have the right to enter upon any premises connected with the public water system at all reasonable hours to determine that there is compliance with the provisions of this chapter. If conflict is noted, the owner of the premises or his agent shall be directed to alter, repair or reconstruct said water facilities to conform to the requirements of this chapter within fifteen days. (Ord. 138 §16, 1989)

13.04.180 Extension of water mains.

A. The water superintendent shall be authorized to construct, or cause to be constructed, extensions to the water system if one of the following conditions exist:

1. The annual anticipated revenue made available to the town from the customers to be immediately served by such extension is not less than one-tenth of the actual cost to the town for the construction of said extension;

2. The water superintendent declares that the water main extension is needed for the overall benefit and improvement of the entire water distribution system;

3. The town approves a contract for the construction of the extension with a party or parties desiring water service; provided, however, that subdividers or developers within or adjacent to the town shall construct at their own expense all water mains within their subdivisions or developments except that the town will be responsible for those water line costs set forth in Section 13.04.560. (Ord. 138 §17, 1989)

13.04.190 Extension of water mains in contiguous areas.

In areas contiguous to the town that may be annexed to the town, the town may require such areas to be annexed before water service is provided. Prior to annexation the town shall require the execution and approval of an annexation agreement which shall detail the conditions for water service. (Ord. 138 §18, 1989)

13.04.200 Extension of water lines in outside areas.

Water lines shall not, without the town’s approval, be extended outside the corporate limits of the town; however, when in the opinion of the water superintendent, there will be special benefit and improvement to the town by reason of an extension outside the town, special arrangements may be made with the town to allow the extension; provided, however, that the areas to be serviced outside of the town shall not benefit to a greater extent than like areas provided with water service within the town, and provided, further, that no such arrangement shall be made unless adequate water line capacity and sewage treatment capacity is available for such outside-the-town water service. (Ord. 138 §19, 1989)

13.04.210 Water service outside of town.

The water superintendent shall not provide water service to any consumer whose residence or place of business is outside of the limits of the town until an outside-the-town water service contract has been executed between the consumer and the town. (Ord. 138 §20, 1989)

13.04.220 System of charges.

All systems of charges and fees to users, within and without the town, shall assure that each recipient of water services will pay its proportionate share of the costs of operation and maintenance (including equipment replacement) of any water supply and distribution services provided by the town. (Ord. 138 §21, 1989)

13.04.225 Bulk water sales.

The town hereby authorizes the sale of water in bulk ("bulk water") at certain locations with the use of a town approved meter. Each such location must first be approved in writing by the town manager or his designee. Further, the town manager has the discretion not to sell bulk water if the town’s water supply is insufficient.

In order to purchase bulk water the purchaser must rent a water meter from the town to measure the amount of water being purchased. The rental rate for the water meter shall be set by resolution of the town council, which may be amended or modified as necessary. It shall be the responsibility of the town to install and uninstall the meter.

The price for bulk water shall be set by resolution of the town council which may be amended or modified as necessary. (Ord. 260 §1, 2016)

13.04.230 Water connection fees.

A. As part of the construction of the water system in 1989, the town will not assess a connection fee to any existing dwelling unit or commercial facility who desires water service if the property owner shall execute an agreement for water service with the town (i.e., water subscription agreement) on or before October 1, 1989. Any property owner not signing a water subscription agreement on or before October 1, 1989, and who desires water service from the town’s water system shall be required to pay to the town a water connection fee according to the town chapter defining water user connection and usage fees and shall be subject to the conditions in the following subsection.

B. Before any water connection permit is issued for the installation of any water service connection, the person making the application shall have paid the appropriate water connection fee, which shall consist of the actual plumbing costs and other actual costs which the town bears in facilitating the connection. (Ord. 142, 1991: Ord. 138 §22, 1989)

13.04.240 Service call charge.

The water superintendent may require a service charge, in an amount not to exceed the actual cost to the town, for service calls which are only for the convenience and benefit of the customer. (Ord. 138 §23, 1989)

13.04.250 Monthly water user fees and water connection fees.

A. General.

1. Each water user shall be levied a monthly water user fee for the privilege of utilizing water from the town water system whether water is actually used or not. This water user fee shall be levied on all users of the water to cover the actual or estimated cost of operation, maintenance, replacement and financing of the town’s water system facilities. All water users and property owners who have executed a water subscription agreement shall be levied a water user fee beginning on the first day of the first month following completion of the system, with their first payment being due on the first day of the first month thereafter for the first month of service. User fees will be levied regularly after the first billing at intervals set by the town council, but no more often than monthly. In the event an owner who has signed a water subscription agreement fails to connect to the system, he will be assessed a monthly user fee representing actual usage which shall be estimated using the actual usage for property of like or similar nature. The fees shall be charged commencing as stated above for all other users.

2. The actual monthly water user fee to be billed to each property owner or customer shall be determined by calculating the monthly water usage fee as follows: based on each individual property owner’s water line size and meter reading, a monthly volume ratio unit base fee will be assessed plus a fee for every one thousand gallons of water used per month.

B. Review and Revision of Rates.

1. Commencing January 1, 2009, the water user connection and usage fees shall, at a minimum, be reviewed annually and updated by resolution of the town council to reflect actual costs of inflation, operation, maintenance, replacement and financing of the water system.

2. Any revisions of the user connection and usage fees shall be based on actual operation, maintenance, replacement, and financing expenses, and/or on changes in the total number of system users and/or the total daily flow. Revisions due only to changes in expenses and user class shall be made by the town. All changes in user charges applicable to this chapter shall be computed by the methods outlined herein.

C. User Request for Rate Change. Any water user, who feels his user charge is unjust and inequitable as applied to his premises within the spirit and intent of the foregoing provisions, may make written application to the town requesting a review of his user charge. The written request shall show the actual or estimated average water flow in comparison with the meter reading upon which the charge is based. Any flow measurements shall be approved by the town and/or its engineer. Review of the request by the town shall determine if it is substantiated or not. Any expenses incurred by further study of the matter for the town and/or user by a registered professional engineer shall be borne by the water user. (Ord. 240 §2, 2008: Ord. 138 §24, 1989).

13.04.260 Water rates outside town.

The monthly rates for outside-the-town water users shall be on a basis as negotiated between such users and the town, but in no event shall the connection fees and usage fees vary in any respect from the same charges as made to users inside the town except insofar as justified by the additional cost to the town. (Ord. 138 §25, 1989)

13.04.270 Billing procedure and periods.

A. Accounts shall be charged for water service in accordance with the rate determination found in Section 13.04.250 of this chapter or as such may hereinafter be amended and revised by the town.

B. The town clerk shall furnish to each property owner, landlord, tenant or agent, a monthly or bi-monthly statement of the amount due for water service for that month(s).

The failure of any water user to receive notice or statement will in no way affect the obligation of the user to remit monthly or bi-monthly as required. (Ord. 138 §26, 1989)

13.04.280 Due date.

Bills rendered for water service are payable upon receipt and become past due ten days from the date on which rendered. When the past due date falls on a legal holiday or on a day when town offices are not open for business, the next regular business day is considered the past due date. When remittances are made by mail, bills shall be deemed paid on the date of mailing as shown by the postmark. (Ord. 138 §27, 1989)

13.04.290 Delinquent accounts.

A. When bills are not paid within thirty days from the past due date, the town water superintendent shall issue an order to shut off and discontinue water service to such delinquent customers. In case service is discontinued for delinquency, it shall not be restored until the delinquency is paid, or until arrangements for payment satisfactory to the town clerk have been made.

B. In the event that a delinquent customer fails to pay his bill within the time set forth above, the town may discontinue town water service and enter upon the property for accomplishing such purposes. (Ord. 138 §28, 1989)

13.04.300 Water service discontinuance.

When any property owner, person, firm, business, etc., determines that his residence, business, etc., is going to be vacant, not used, shut down, etc., for an extended period of time, he shall notify the water superintendent. Under these circumstances the water superintendent shall shut off the water service to the facilities. When the home, business, etc., is reoccupied, the water superintendent shall once again be notified, and he shall restore water service once again to the facilities. Since there is significant potential for freezing and thus damage to the service line in the event of a lengthy shut down period, the property owner shall be responsible at his expense for any water service line repairs that may be needed to repair the water service line that is located on town right-of-way properties and also any associated repairs that are needed on his private property including the cost of replacing water meter, meter readout, etc., if it becomes necessary to do so. (Ord. 138 §29, 1989)

13.04.310 Water system improvement fund.

There is established a water system fund to be maintained by the town clerk in managing the fiscal affairs of the town. All revenues derived from the charging of any fees, charges, rates, etc., as such are set forth herein shall be deposited in the fund and shall be disbursed only for the purposes of paying or securing existing or future indebtedness connected with or relating to maintaining, repairing, studying, controlling, enlarging, extending, enhancing or improving the water system of the town. (Ord. 138 §30, 1989)

Article II. CONSTRUCTION STANDARDS

13.04.320 Materials and installations.

A. All water main line, valves, fire hydrants, and fitting materials and their installation shall be in accordance with town standard specifications for the construction of water system improvements and the applicable standard drawings depicting various water line installation details.

B. All water service line materials and their installation shall be in accordance with the town standard specifications for the construction of water system improvements and the applicable standard drawings depicting the various water service line installation details.

C. All water system materials shall be of the class, strength, thickness, etc., necessary to accommodate or provide for the depth of cover over the pipe, the anticipated working pressure in the pipe, the type of material and bedding around the pipe, and the type, magnitude, and extent of the external loads being applied to the pipe.

D. All materials must be approved by the town engineer prior to their installation. (Ord. 138 §31, 1989)

13.04.330 System design--Generally.

A. The plans for all water lines, booster stations, etc., shall be designed, signed, and sealed by a registered professional engineer licensed in the state.

B. All water lines, booster stations, etc., shall be designed in accordance with the state of Montana Water Quality Bureau requirements. (Ord. 138 §32(a, b), 1989)

13.04.340 Water main size.

Minimum water main size shall be six inch diameter. Larger sizes shall be as required by the town’s overall water system master plan or as are needed to provide adequate water carrying capacity for the area (and surrounding developable area) being developed and/or annexed to the town. Minimum building service line size shall be three-quarter inch diameter. (Ord. 138 §32(c), 1989)

13.04.350 Materials--Standards.

A. Standards, Materials Selection. Pipe, fittings, valves and fire hydrants shall conform to the latest standards issued by the AWWA, if such standards exist, and be acceptable to the town. In the absence of such standards, materials meeting applicable product standards and acceptable to the town may be selected. Special attention shall be given to selecting pipe materials which will protect against both internal and external pipe corrosion.

B. Packing and jointing materials used in the joints of pipe shall meet the standards of the AWWA and the town. Pipe having mechanical joints or slip-on joints with rubber gaskets is preferred. (Ord. 138 §32(d), 1989)

13.04.360 Water main design.

A. Pressure. All water mains, including those not designed to provide fire protection, shall be sized after a hydraulic analysis based on flow demands and pressure requirements. The system shall be designed to maintain a minimum pressure of twenty psi at ground level at all points in the distribution system under all conditions of flow. The normal working pressure in the distribution system should be approximately sixty psi and not less than thirty-five psi.

B. Diameter. The minimum size of water main for providing fire protection and serving fire hydrants shall be six-inch diameter. Larger size mains will be required if necessary to allow the withdrawal of the required fire flow while maintaining the minimum residual pressure specified in subsection A of this section.

C. Fire Protection. When fire protection is to be provided, system design should be such that fire flows and facilities are in accordance with the requirements of the state Insurance Services Office.

D. Small Mains. Any departure from minimum requirements shall be justified by hydraulic analysis and future water use, and can be considered only in special circumstances.

E. Hydrants. Water mains not designed to carry fireflows shall not have fire hydrants connected to them.

F. Dead Ends. Dead ends shall be minimized by looping of all mains whenever practical.

G. Flushing. Where dead-end mains occur they shall be provided with a fire hydrant if flow and pressure are sufficient, or with an approved flushing hydrant or blow-off for flushing purposes. Flushing devices should be sized to provide flows which will give a velocity of at least two and one-half feet per second in the water main being flushed. No flushing device shall be directly connected to any sewer. (Ord. 138 §32(e), 1989)

13.04.370 Valves.

Sufficient valves shall be provided on water mains so that inconvenience and sanitary hazards will be minimized during repairs. Valves should be located at not more than five hundred foot intervals in commercial districts and at not more than one block or eight hundred foot intervals in other districts. (Ord. 138 §32(f), 1989)

13.04.380 Hydrants.

A. Location and Spacing. Hydrants should be provided at each street intersection and at intermediate points between intersections as recommended by the state Insurance Services Office. Generally, hydrant space may range from three hundred fifty to six hundred feet depending on the area being served.

B. Valves and Nozzles. Fire hydrants should have a bottom valve size of at least five inches, one four and one-half inch pumper nozzle and 2 two-and-one-half inch nozzles.

C. Hydrant Leads. The hydrant lead shall be a minimum of six inches in diameter. Auxiliary valves shall be installed in all hydrant leads.

D. Drainage. Hydrant drains should be open. A gravel pocket or dry well shall be provided unless the natural soils will provide adequate drainage. Hydrant drains shall not be connected to or located within ten feet of sanitary sewers or storm drains. (Ord. 138 §32(g), 1989)

13.04.390 Air relief valves--Valve, meter and blow-off chambers.

A. Air Relief Valves. At high points in water mains where air can accumulate provisions shall be made to remove the air by means of hydrants or air relief valves. Automatic air relief valves shall not be used in situations where flooding of the manhole or chamber may occur.

B. Air Relief Valve Piping. The open end of an air relief pipe from automatic valves shall be extended to at least one foot above grade and provided with a screened, downward-facing elbow. The pipe from a manually operated valve should be extended to the top of the pit.

C. Chamber Drainage. Chambers, pits or manholes containing valves, blow-offs, meters or other such appurtenances to a distribution system, shall not be connected directly to any storm drain or sanitary sewer, nor shall blowoffs or air relief valves be connected directly to any sewer. Such chambers or pits shall be drained to the surface of the ground where they are not subject to flooding by surface water, or to absorption pits underground. (Ord. 138 §32(h), 1989)

13.04.400 Installation of mains.

A. Standards. Specifications shall incorporate the provision of the AWWA standards and/or manufacturer’s recommended installation procedures.

B. Bedding. A continuous and uniform bedding shall be provided in the trench for all buried pipe. Backfill material shall be tamped in layers around the pipe and to a sufficient height above the pipe to adequately support and protect the pipe. Stones found in the trench shall be removed for a depth of at least six inches below the bottom of the pipe.

C. Cover. In general, water lines shall be sufficiently deep so as to provide frost protection. Water lines shall have at least seven feet of cover (from the top of water line pipe to the ground or street surface) unless a special design is approved by the town engineer.

D. Blocking. All tees, bends, plugs and hydrants shall be provided with reaction blocking, tie rods or joints designed to prevent movement.

E. Pressure and Leakage Testing. All types of installed pipe shall be pressure tested and leakage tested in accordance with the latest edition of AWWA Standard C600.

F. Disinfection. All new, cleaned or repaired water main shall be disinfected in accordance with AWWA Standard C601. The specifications shall include detailed procedures for the adequate flushing, disinfection and microbiological testing of all water mains. (Ord. 138 §32(i), 1989)

13.04.410 Separation of water mains, sanitary sewers and storm sewers.

A. General. The following factors should be considered in providing adequate separation:

1. Materials and type of joints for water and sewer pipes;

2. Soil conditions;

3. Service and branch connections into the water main and sewer line;

4. Compensating variations in the horizontal and vertical separations;

5. Space for repair and alterations of water and sewer pipes;

6. Off-setting of pipes--around manholes.

B. Parallel Installation. Water-mains shall be laid at least ten feet horizontally from any existing or proposed sewer. The distance shall be measured edge to edge. In cases where it is not practical to maintain a ten foot separation, the reviewing authority may. allow deviation on a case-by-case basis, if supported by data from the design engineer. Such deviation may allow installation of the water main closer to a sewer; provided, that the water main is laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer at such an elevation that the bottom of the water main is at least eighteen inches above the top of the sewer.

C. Crossings. Water mains crossing sewers shall be laid to provide a minimum vertical distance of eighteen inches between the outside of the water main and the outside of the sewer. This shall be the case where the water main is either above or below the sewer. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. Special structural support for the water and sewer pipes may be required.

D. Exception. The town must specifically approve any variance from the requirements of subsections B and C of this section when it is impossible to obtain the specified separation distances.

E. Force Mains. There shall be at least ten feet horizontal separation between water mains and sanitary sewer force mains. There shall be an eighteen-inch vertical separation at crossings as required in subsection C of this section.

F. Sewer Manholes. No water pipe shall pass through or come in contact with any part of a sewer manhole. (Ord. 138 §32(j), 1989)

13.04.420 Surface water crossings.

Surface water crossings, whether over or under water, present special problems. The reviewing authority should be consulted before final plans are prepared.

A. Above-water Crossing. The pipe shall be adequately supported and anchored, protected from damage and freezing, and accessible for repair or replacement.

B. Underwater Crossings. A minimum cover of five feet shall be provided over the pipe. When crossing water courses which are greater than fifteen feet in width, the following shall be provided:

1. The pipe shall be of special construction, having flexible watertight joints;

2. Valves shall be provided at both ends of water crossings so that the section can be isolated for testing or repair; the valves shall be easily accessible, and not subject to flooding; and the valve closest to the supply source shall be in a manhole;

3. Permanent taps shall be made on each side of the valve within the manhole to allow insertion of a small meter to determine leakage and for sampling purposes. (Ord. 138 §32(k), 1989)

13.04.430 Cross-connections and interconnections.

A. Cross-connections. There shall be no connection between the distribution system and any pipes, pumps, hydrants, or tanks whereby unsafe water or other contaminating materials may be discharged or drawn into the system.

B. Cooling Water. Neither steam condensate nor cooling water from engine jackets or other heat exchange devices shall be returned to the potable water supply.

C. Interconnections. The approval of the reviewing authority shall be obtained for interconnections between potable water supplies. (Ord. 138 §32(1), 1989)

13.04.440 Water services and plumbing.

A. Plumbing. Water services and plumbing shall conform to relevant local and/or state plumbing codes.

B. Booster Pumps. Individual booster pumps may be allowed in proper cases for any individual service from the public water supply mains. (Ord. 138 §32(m), 1989)

13.04.450 Location of water lines.

Sanitary water lines and water lines shall, wherever possible, be located on opposite sides of the street. Preferably, water lines shall be located twenty-three feet west or north of the street centerline and the sanitary water at twenty-three feet east or south of the street centerline. Where storm drains are needed these shall preferably be located along the street centerline. The above-referenced locations and dimensions may be varied to accommodate unusual circumstances. (Ord. 138 §32(n), 1989)

13.04.460 Blueprint specifications.

A. All drawings shall be on linen or mylar in ink and of such quality that they clearly show the dimensions, locations, sizes, etc., of all facilities represented thereon. All main lines, valves, fire hydrants, building service lines, etc., shall be clearly shown and identified by name and by station or other means of horizontal location. Water lines shall be shown in both plan and profile unless the length of the water line or water line extension is so short that the town engineer waives this requirement. If a profile of the water line is not provided it shall be located in the vertical plane by elevations on the flowline of the pipe at intervals as the town engineer may require. Drawings shall be drawn on a scale of one inch equals fifty feet unless the amount of detail, topography, etc., necessitates their being drawn on a larger scale (i.e., one inch equals thirty feet to provide the clarity and completeness needed on the drawings.

B. The design of all water lines and all water line plans must be approved by the town engineer. (Ord. 138 §32(o, p), 1989)

13.04.470 As built and record drawings--Engineer’s certification.

A. As built or record drawings of water line plans shall be prepared by a professional engineer and the corrected original drawings or a duplicate mylar copy of the corrected original drawing(s) shall be provided to the town.

B. As built plans shall include a certification thereon signed by the registered professional engineer in charge of the work that the as built drawings of the water lines are true and correct and that he (the registered professional engineer) has inspected the construction of the water line installation and that the materials and installation of same were all done in conformance with the town standard specifications for the construction of water line improvements. (Ord. 138 §38, 1989)

13.04.480 Responsibility for water lines.

A. The owner or developer of any piece of property or tract of land is responsible for the construction of the water line (or for the water line costs) along any of the property sides or frontages of the property along which a water line is needed for the overall completeness and continuity of the town’s water main system. If it is a large tract of land, the owner or developer shall also be responsible for the necessary and required system of water lines within the interior of the tract of land.

The owner or developer of any piece of property shall construct all needed water lines (of the approved size) within and along all sides or frontages of any piece of property prior to the time any building constructed thereon is occupied or utilized unless phased construction of the water main system is specifically allowed or provided for in the annexation or development agreement. In lieu of actually constructing said required water line or water lines, the property owner or developer may deposit adequate moneys with the town to fully cover the cost(s) of the required water line construction.

B. The owner or developer of any property or subdivision will normally be responsible only for the cost of up to a six-inch diameter water line. The additional cost of providing a water line of a size greater than six inches will normally be a town responsibility. The town will reimburse the Developer for the extra cost of the additional water line size (over the six-inch diameter size referenced in this subsection) as set forth in the annexation or development agreement between the developer and the town; provided further, however, that if any proposed subdivision or development is of such size or magnitude that it requires or necessitates a water main size larger than a six-inch diameter line or if the type of development is such as to produce a water flow in excess of the capacity of a six-inch diameter water line, then the owner or developer of the subdivision or development shall be responsible for the entire cost of whatever size of water line is needed to accommodate his development.

C. If the property owner or developer owns or is developing the property on only one side (as compared to both sides) of any street, alley or easement where a water line is located or required, he (or they) shall be responsible for only one-half of the cost of the water line while the property owner on the other side of the street, alley or easement shall be responsible for the other half of the cost of the water line construction. However, in the absence of any mutual agreement between the property owners, the town may participate with the first owner or developer to the extent of paying for one-half the cost of a six-inch diameter water line across said referenced property frontage. The second property owner will thereafter be responsible for reimbursing the town for his half of the costs of this water line construction at the time he (the second property owner or developer) begins to develop or build upon his property that is adjacent to the water line installed by the first property owner.

Provided further, however, that if the water line construction is for an area or a development that is outside of the city limits or if the length of the water line construction in which the town would be participating (as referred to in this subsection) exceeds five hundred lineal feet, the town may decline to participate in the cost of the water line construction except to pay for the extra cost differential between the size of water line required to serve the development and the actual size of line that the town designates shall be installed to meet the requirements of its water system master plan. When this situation or set of circumstances exists, the property owner or developer who first initiates or actually begins the development of his property, shall be responsible for front-ending the entire cost of the water line construction and for actually constructing said waterline. The second (or other) property owner(s) will thereafter be responsible for reimbursing the property owner for his (or their) share of the costs of the water line along his (or their) frontage at the time he (or they, the other adjacent property owners or developers) begin(s) to develop or build upon his (or their) property adjacent to the water line installed by the first property owner. In the absence of any agreement between the first property owner or developers covering the cost of said water line(s) the referenced other adjacent property owners or developers shall pay to the town the amount of twelve dollars per lineal foot (or such other amount as the town may hereinafter establish and adopt by ordinance) for the length of water line across his (or their) frontage. The town, in turn, will reimburse this same amount to the first party, which reimbursement shall be deemed adequate and appropriate compensation for his (or their) share of the cost of the water line. (Ord. 138 §39, 1989)

Article III. CROSS-CONNECTIONS

13.04.490 Generally--Nuisance declared.

No water service connection to any premises shall be installed or continued in the town unless the water supply is protected by back flow prevention devices as may be required by this chapter, Montana Code, and all standards, rules and regulations of the state, the Montana Water Quality Bureau and any other federal, state, county or town authority or agency thereof. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply of the town is unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is declared to be a public nuisance and the same shall be abated. The control or elimination of cross-connections shall be in accordance with this chapter, Montana Code and all standards, rules and regulations of the state, the Montana Water Quality Bureau and any other federal, state, county or town authority or agency thereof, together with the latest addition of appropriate manuals of standard practice pertaining to cross-connection control enacted by the town and any applicable county, state and federal authorities and agencies.

The town shall have the authority to establish requirements more stringent than state regulations if it deems that the conditions so dictate. (Ord. 138 §33, 1989)

13.04.500 Backflow prevention devices.

A. Backflow prevention devices shall be installed in connection with water service connections or within any premises where, in the judgment of the town, the nature and extent of the activities, or the materials stored on the premises, would present an immediate and dangerous hazard to health and/or be deleterious to the quality of the water should a cross-connection occur; even though such cross-connection does not exist at the time, the backflow prevention devices shall be installed under circumstances including but not limited to the following:

1. Premises having an auxiliary water supply that are connected to a lawn irrigation system, swimming pool, or is otherwise not in compliance with Montana drinking water standards, rules and regulations of the Montana Water Quality Bureau and any other federal, state, county or town authority or agency thereof and is acceptable to the town;

2. Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connections exist;

3. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to ensure that cross-connections do not exist;

4. Premises having a repeated history of cross-connections being established or re-established;

5. Premises on which any substance is handled under pressure so as to permit entry into the town water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters;

6. Premises where materials of a toxic or hazardous nature are handled in such a way that if back siphonage should occur, a serious health hazard might result;

7. The following types of facilities will fall into one of the above categories where a backflow prevention device is required to protect the town water supply. A back flow prevention device shall be installed at these facilities unless the town and applicable, state, county and federal authorities and agencies determine that no hazard exists:

a. Hospitals, mortuaries, clinics,

b. Laboratories, including school laboratories,

c. Metal plating industries,

d. Sewage treatment plants,

e. Food or beverage processing plants,

f. Chemical plants using a water process,

g. Petroleum processing or storage plants,

h. Car washes,

i. Dry cleaners.

Other premises as specified by the town, where backflow prevention devices are required to protect the town water supply.

B. The type of protective device required shall depend on the degree of hazard which exists:

1. An air-gap separation or a reduced pressure principle backflow prevention device shall be installed where the town water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a health or system hazard.

2. In the case of a substance which may be objectionable but not hazardous to health, a double check valve assembly, air prevention device shall be installed.

C. Backflow prevention devices required by this chapter shall be installed, at the property line of the premises, or at a location designated by the town. The device shall be located so as to be readily accessible for maintenance and testing, and furthermore, where no part of the device will be submerged.

D. Backflow prevention devices required by this chapter shall be installed under the supervision of, and with the approval of, the town.

E. Any protective device required by this chapter shall be approved by the town, applicable state, county and federal authorities and agencies. These devices shall be furnished and installed by and at the expense of the customer.

F. Backflow prevention devices installed pursuant to this chapter, shall be inspected and tested annually, or more often if necessary. Inspections, tests and maintenance shall be at the customer’s expense, and, if requested by the town, by a certified tester retained and paid by the customer. Whenever the devices are found to be defective, they shall be repaired, overhauled or replaced at the customer’s expense. Inspections, tests, repairs and records thereof shall be accomplished in accordance with all standards, rules, and regulations of this chapter, Montana Code and all standards, rules and regulations of the state, the Montana Department of Health and Welfare and any other federal, state, county or town authority or agency thereof by certified testers retained and paid by the customer.

G. No underground sprinkling device will be installed without adequate Backflow prevention devices at the point from which the water for irrigation is taken from the town water supply.

H. Failure of the customer to cooperate in the installation, maintenance, testing or inspection of Backflow prevention devices required by this chapter, Montana Code and all standards, rules and regulations of the state, the Montana Department of Health and Welfare and any other federal, state, county or town authority or agency thereof shall be grounds for the termination of water service to the premises, or, in the alternative, the installation of an air-gap separation at the customer’s expense. (Ord. 138 §34, 1989)

13.04.510 Inspection.

A. No water shall be delivered to any structure hereafter built within the town or within areas served by town water until the same shall have been inspected by the town for possible cross-connections and been approved as being free of the same.

B. Any construction for industrial or other purposes which is classified as hazardous facilities pursuant to Section 13.04.500(A)(7) of this chapter, where it is reasonable to anticipate cross-connections, or as determined by the town, shall be protected by the installation of one or more backflow prevention devices at the point of service from the town water supply or any other location designated by the town, and applicable county, state and federal authorities and agencies.

C. Inspections may be made periodically of all buildings, structures or improvements of any nature now receiving water through the town’s system, for the purpose of ascertaining whether cross-connections exist. Such inspections shall be made by the town or applicable county, state and federal authorities and agencies. (Ord. 138 §35, 1989)

13.04.520 Installation permits.

If cross-connections control device(s) are found to be necessary, the owner of the property served must apply to the town for a specific installation permit. (Ord. 138 §36, 1989)

13.04.530 Improper cross-connections--Levy.

In the event an improper cross-connection is not corrected within the time limits set by the town or in the event the town is refused access to any property for the purpose of determining whether or not cross-connections exist, the town may cease delivery of water to the property until the deficiency is corrected to the town’s satisfaction. In addition, the town without waiving any terms of this chapter may, but shall not be required to, effect the necessary repairs or installations at the expense of the property owner and refuse delivery of water to the property until the cost thereof shall have been paid. Violations of this chapter are declared to be a nuisance, and the town, after notice to the customer or property owner to remove or correct the violation, may prevent, remove and abate the same at the expense of the party creating or maintaining the same, in which event the town may levy a special assessment as provided by law on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the town for the cost of abating the same. (Ord. 138 §37, 1989)

Article IV. VIOLATION--PENALTIES

13.04.540 Violation--Penalty.

Violation of this chapter is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA. (Ord. 207 §33, 2000: Ord. 138 §40, 1989)

13.04.570 Liability.

This chapter shall not be construed to hold the town responsible for any damage to any water user by reason of a stoppage or interruption of the water supply caused by scarcity of water, accidents to works or mains, alterations, additions, repairs or from other unavoidable causes to persons or property. The town shall also not be held liable for damage to persons or property by reason of the inspection or testing herein, or the failure to inspect or test or by reason of approval of any cross-connections. (Ord. 138 §43, 1989)