Division I. Rules and Regulations
Chapter 13.05
WATER
Sections:
13.05.020 Public distribution system.
13.05.050 Cross-connection control.
13.05.060 Billing and deposits.
Legislative history: Ords. 330, 342, 373, 409, 528, 551, 557, 559, 650, 689 and 751.
13.05.010 Administration.
(1) The public works director shall have charge of the maintenance and operation of the water supply, treatment plant, pumping equipment, distribution system, fire hydrants, meters, and all other appurtenances of the city water system. The public works director shall supervise all extensions and alterations of the city water system. He shall also be responsible for the reading of all water meters, and shall report to the city administrator on all money due the city of all deposits, fees and charges made for water services and connections.
(2) The city administrator shall be responsible for the collection of water bills, deposits and fees. All revenues therefrom shall be accounted for in the same manner approved for other municipal deposits. [Ord. 251 § 1, 1957].
13.05.020 Public distribution system.
(1) The public distribution system consists of all piping, valves and other appurtenances from the treatment works up to, and including, service meters. For the purpose of this section, the public distribution system does not include unmetered private fire protection lines lying outside the public right-of-way or outside a city utility easement within private property. No person or persons other than employees of the public works department shall extend, tap, change, obstruct, interfere with or in any way disturb the public distribution system except as expressly authorized by the public works director. All such work shall be done in accordance with plans and specifications approved by the public works director.
(2) Extensions to water mains shall be constructed in accordance with plans and specifications approved by the public works director.
(3) The public works director shall require such testing as may be necessary on any water main extensions. No water main shall be placed in service until accepted by the public works director. Upon their acceptance, all water main extensions shall become part of the city water distribution system. The provisions of this section shall also apply to any installation of water mains outside the corporate limits of the city where an agreement has first been made with the city to connect such mains to the existing distribution system. [Ord. 251 § 2, 1957].
13.05.030 Meters.
(1) All service connections, except fire protection connections, shall be metered, and payment shall be made for water at rates established in the city of Myrtle Creek handbook of fees and charges.
(2) Meters will be furnished by the public works department and will remain the property of the city and will at all times be under its control.
(3) No person other than an authorized employee of the department may change the location of, alter or interfere in any way with any meter.
(4) The expense of maintaining meters will be borne by the city; provided, however, that where replacements, repairs, or adjustments of a meter or meter stop are made necessary by the act, negligence or carelessness of the owner or occupant of the premises, the expense to the department caused thereby shall be charged and collected from the owner and/or occupant of the premises.
(5) In case of damage to the meter, or in case of its stoppage or defective operation, the owner or occupant of the premises shall give immediate notice to the city. All water furnished by the city and used on any metered premises must pass through the meter, unless said water is used for the exclusive purpose of fire protection. No bypass or connection around the meter will be permitted. If any meter becomes defective or fails to register, the consumer will be charged at the average monthly consumption rate as shown by the meter over the period of the preceding three months when the meter was accurately registering.
(6) The accuracy of the meter for any premises will be tested by the department upon request of the owner or occupant. If, on such test, the meter is found to be defective, the meter shall be replaced and the water bill may be adjusted in such manner as is fair and proper, but in all cases the adjustment shall be limited to three months prior to the discovery of the error. [Ord. 251 § 3, 1957].
13.05.040 Use of water.
(1) A service connection charge, as established in the city of Myrtle Creek handbook of fees and charges, shall be paid to the city for each new service connection to the city water system. A separate service connection charge shall be paid for each dwelling unit, including each single-family dwelling and each dwelling unit in a multifamily dwelling, and each commercial unit whether in a single occupancy premises or a joint occupancy premises, and regardless of whether there is a separate meter for each unit or occupancy. A unit is described as each separate store, office, or occupied space or rental on the same premises of every name, nature, and description.
(2) When a new service is installed for any premises, the meter stop shall be closed and locked, and thereafter will be opened only by an authorized employee of the city, and only upon request of the owner or occupant.
(3) No person shall take or use city water from premises other than his own. Each premises shall be served by a separate service connection and meter; except that for multiple-family dwellings and commercial establishments under joint occupancy, one or more common meters may be used if approved by the public works director.
(4) Where the meter stop has been closed and locked by the city for any reason, no person except an authorized employee of the city may unlock and open it again.
(5) Upon presentation of proper credentials, the public works director or his designated representative may enter at reasonable times any building, structure or premises served by the city water system to perform any duty imposed upon him by this chapter; provided, however, in the event that entry is not voluntarily permitted by the owner or person occupying the building, structure or premises, the public works director must first obtain an order from a court of competent jurisdiction allowing such entry.
(6) Fire hydrants and standpipes may be opened and used only by the water and fire departments of the city, or by such persons as may be specifically authorized by the public works director. [Ord. 251 § 4, 1957].
13.05.050 Cross-connection control.
(1) Purpose. The purpose of this section is:
(a) To protect the public potable water supply of the city of Myrtle Creek against contaminants which could backflow from the customer’s water system; and
(b) To promote the elimination or control of existing cross-connections, actual or potential, between the consumer’s potable water system(s) and nonpotable water system(s), plumbing fixtures and industrial piping systems.
(2) The public works director shall be responsible for implementing a cross control program in accordance with the Oregon Administrative Rules of the Oregon State Health Department. The public works department shall have a cross control official certified by the Oregon Health Division.
(3) No water service connection to any premises shall be installed or maintained by the public works department unless the public water supply is protected as required by state laws and regulations and this chapter. Service of water to any premises shall be discontinued by the public works department if a backflow prevention assembly required by this chapter is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed or bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until conditions or defects are corrected.
(4) The customer’s system shall be open for inspection to determine whether cross-connections or other structural or sanitary hazards, including violations of this chapter, exist. When such a condition becomes known, the public works director may deny or immediately discontinue service to the premises until the customer has corrected the condition(s).
(5) An approved backflow prevention assembly shall also be installed on each service line to a customer’s water system at or near the property line or immediately inside the building being served, but, in all cases, before the first branch line leading off the service line wherever required by the administrative rules of the Oregon Health Division, or whenever the following conditions exist:
(a) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the public works director, the public water system shall be protected against backflow from the premises by installing an Oregon Health Division approved backflow prevention assembly appropriate to the degree of hazard.
(b) In the case of premises on which any industrial fluid or any other objectionable substance is handled in such a fashion as to create a hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard. This shall include the handling of processed waters and waters originating from the utility system which have been subject to deterioration in quality.
(c) In the case of premises having an internal cross-connection that cannot be permanently corrected or controlled, or where intricate plumbing and piping arrangements exist, or where entry to all portions of the premises is denied by the person in charge of the premises, or that is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.
(6) The type of protective assembly required under this chapter shall depend upon the degree of hazard which shall be determined by the city in general conformity to the Oregon Administrative Rules of the Oregon Health Division.
(7) It shall be the duty of the customer-user at any premises where backflow prevention assemblies are installed to have certified inspections and operational tests made at least once per year. In those instances where the public works director deems the hazard to be great enough, he may require certified inspections at more frequent intervals. The inspections and tests shall be at the expense of the water user and shall be performed by a certified tester approved by the Oregon Health Division. It shall be the duty of the public works director to see that the tests are made in a timely manner. The assemblies shall be repaired or replaced at the expense of the customer-user whenever said assemblies are found to be defective. Records of such tests, repairs and replacements shall be kept and copies furnished to the city. [Ord. 251 § 5, 1957].
13.05.060 Billing and deposits.
(1) Payment Due. All charges for water supplied during any month shall be paid not later than 20 days after the billing date. Bills which remain unpaid for more than 20 days after the billing date shall be considered delinquent. If a customer’s account remains delinquent for more than 10 days, the water service may be turned off at the premises against which the delinquent charges are owing. When so turned off, the water shall not be turned on again until a reconnect fee established in the city of Myrtle Creek handbook of fees and charges, plus the delinquent portion of the customer’s account balance, has been paid. If the customer’s account remains delinquent for more than 30 days, the amount owed shall be deducted from the customer’s deposit, the customer’s account may be closed and any remaining deposit balance shall be returned to the customer at the customer’s last known mailing address. The customer shall be responsible for keeping the city informed as to the customer’s current mailing address.
(2) Deposits. At the time a new water service account is opened, and before the water is turned on for any premises, the customer shall pay a security deposit established by the city of Myrtle Creek handbook of fees and charges.
(a) The customer’s security deposit may be credited to their account after one year if no delinquency has occurred during the preceding 12 months.
(b) The customer shall be defined as the person or persons in whose name the water service account is registered.
(3) In case of a temporary vacancy of any premises, water may be turned off at the meter stop by the city, upon written request of the customer. Service will be turned on again by the city when requested by the customer.
(4) Monthly rates shall be established by the city of Myrtle Creek handbook of fees and charges. [Ord. 751 § 1, 2006; Ord. 251 § 6, 1957].
13.05.070 General provisions.
Should it become necessary to shut off the water from any section of the city because of any accident or for the purpose of making repairs or extensions, the city will endeavor to give timely notice to the consumers affected thereby and will, so far as practical, use its best efforts to prevent inconvenience and damage arising from any such causes; but the failure to give such notice shall not render the city responsible or liable in damages for an inconvenience, injury or loss which may result therefrom. [Ord. 251 § 7, 1957].
13.05.080 Penalty.
A violation of a provision of this chapter is punishable by a fine not to exceed $500.00. [Ord. 251 § 8, 1957].