Chapter 13.10 WATER AND SEWER

The water system constructed or otherwise acquired by the city to supply the city with culinary water, and the sewer system constructed or otherwise acquired by the city to provide the city with a sanitary municipal sewage disposal system, are the property of the city and shall be under the sole and exclusive control and jurisdiction of the city. The city council may from time to time direct the making of needed additions, improvements, alterations and repairs to said systems, and may also from time to time make such rules and regulations as it deems necessary for the operation and control thereof. (Section 10-7-4, Utah Code Annotated 1953) [Code 1988 § 9-2-2.1].

13.10.020 Council to adopt rules and regulations.

The city council, in addition to the regulatory provisions set forth expressly in this chapter, shall have the power and right to adopt additional regulations controlling the manner and circumstances under which the water and sewer systems may be used. [Code 1988 § 9-2-2.2].

13.10.030 Injury to systems prohibited.

It shall be unlawful for any person to destroy, deface, injure or interfere with the operation of any part or appurtenance of the water or sewer system. All costs for the repair of any water meter which becomes damaged as the result of any such unauthorized act shall be paid by the owner. [Code 1988 § 9-2-2.3].

13.10.040 Connection to city sewer mandatory – Exceptions.

It shall be unlawful for the owner or any other person occupying or having charge of any building used for human occupancy which is located within 300 feet of an available sewer main to dispose of sewage therefrom by any means other than by use of the municipal sewer system. In order to secure compliance with this provision the city may cause the water to be shut off from such premises until such time as the person has hooked on to the sewer at his own expense.

Where compliance with the provisions of the above paragraph is not possible the city council may authorize the use of an alternative individual sewage disposal system subject to the receipt of an application to do so, and upon a showing of good cause and the absence of a reasonable opportunity to make use of the municipal sewer system.

Prior to granting approval for the construction of any individual disposal system by the council, the applicant shall submit evidence from the city health authority indicating approval of the proposed system. (Section 10-8-38, Utah Code Annotated 1953) [Code 1988 § 9-2-2.4].

Article II. Water System – Operation and Use

13.10.050 Opening or closing of valves prohibited.

It shall be unlawful for any person to open or close any water valve unless duly authorized by the council or their designated representative. [Code 1988 § 9-2-3.1].

13.10.060 Water connections to be metered.

All structures, dwelling units, and other establishments using water from the city water system shall be connected to said system through a water meter. [Code 1988 § 9-2-3.2].

13.10.070 Waste prohibited – Termination of service.

It shall be unlawful for any water user to waste water, or to allow it to be wasted, by imperfect stops, taps, valves, leaky joints or pipes, or to allow tanks or water troughs to leak or overflow or to wastefully run water from hydrants, faucets, or stops or through basins, water closets, urinals, sinks, or other apparatus, or to use water in violation of the rules, regulations, or ordinances for controlling the water supply.

If in the judgement of the council a user of municipal water engages in practices which result in the needless waste of water and continues to do so after reasonable notice to discontinue said wastefulness has been given, they may thereupon consider terminating the right of said individual to use culinary water, in accordance with the procedure set forth under HMC 13.10.380. [Code 1988 § 9-2-3.3].

13.10.080 Scarcity of water.

In time of scarcity of water, wherever in the judgement of the city it shall be necessary, the mayor shall, by proclamation, limit the use of water to such extent as may be necessary for public good. It shall be unlawful for any person by himself, family, servants, or agents, to violate any proclamation made by the mayor in pursuance of this chapter. (Section 10-7-12, Utah Code Annotated 1953) [Code 1988 § 9-2-3.4].

13.10.090 City not liable for damages.

The city shall not be liable for any damage to a water service user by reason of stoppage or interruption of his water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or as the result of maintenance and extension operations, or from any other unavoidable cause. [Code 1988 § 9-2-3.5].

13.10.100 Unauthorized users.

It is unlawful for any water service user to permit any person from other premises or any unauthorized persons to use or obtain water services regularly from his premises. [Code 1988 § 9-2-3.6].

13.10.110 Fire hydrants.

All public fire hydrants shall be under the control of and shall be kept in repair by the city, and in case of fire, the fire department shall have free access to said fire hydrants. It shall be unlawful for any person to obstruct the approach to a fire hydrant or to open or operate a fire hydrant or attempt to draw water therefrom without first obtaining special permission from the superintendent. [Code 1988 § 9-2-3.7].

13.10.120 General provisions.

A. Time of Day Watering Parameters.

1. Sprinkler irrigation of all lawns and landscapes is prohibited between the hours of 9:00 a.m. and 6:00 p.m.

2. No water shall be used on driveways or walkways at any time.

B. Applicability of Time of Day Watering Section. The provisions of this section shall apply to all landscapes and nonlandscape areas within the city. This section does not apply in the following situations:

1. Location licensed for car wash business.

2. Other situations as specifically permitted by the Helper City council.

C. Water Rates. The residential rate (in city) previously set by resolution is hereby amended to be $12.00 for 6,000 gallons of base amount, or portion thereof, plus $2.00 per 1,000 gallons above the base amount. Other rates set by resolution shall remain in effect.

D. Penalty. Any violation of this section shall be a class B misdemeanor. [Ord. 2002-2 §§ 3 – 6. Code 1988 § 9-2-3.8].

Article III. Sewer System – Operation and Use

13.10.130 Discharge of inflammable and destructive substances prohibited.

It shall be unlawful for any person to injure, break or remove any part or portion of any sewer appliance or appurtenance, or to discharge into a sewer any inflammable gas, gasoline or oil, any calcium carbide or residue therefrom, or any liquid or other materials or substance which will emit an inflammable gas when in contact with water, sewage or fire. Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with a sewer.

It shall be unlawful to discharge any waters containing toxic or poisonous solids, liquids or gasses in sufficient quantity, either singly or in combination with other wastes, to injure or interfere with any treatment process, constitute a hazard to humans or animals, create a public nuisance or produce injury to components to the system. [Code 1988 § 9-2-4.1].

13.10.140 Pre-treatment of wastes required for certain users – Additional charges permitted.

It shall be unlawful to discharge the waste from water filters, gas engines, air compressors, dry cleaners, automobile repair and wash racks, facilities for the stabling or keeping of horses, cows and other animals, establishments using or processing organic matter and similar establishments which produce strengths of wastes (i.e., biochemical oxygen demand, chemical oxygen demand, total suspended solids) or a volume of effluent above the average residential user into the sewer system unless such effluent is first discharged into settling tanks properly trapped and vented and/or subjected to on-site pre-treatment, as applicable.

In addition to any pre-treatment which may be required, the city may assess any such contributor a surcharge in the sewer fee in an amount sufficient to cover the costs of treating the above normal strength or volume of waste produced by the user. [Code 1988 § 9-2-4.2].

13.10.150 Discharge of obstructive materials prohibited.

It shall be unlawful for any person to discharge into the public sanitary sewer any garbage, refuse or other similar matter of substance likely to obstruct the sewer. [Code 1988 § 9-2-4.3].

13.10.160 Discharge of drainage waters prohibited.

It shall be unlawful for any person to connect with a public sanitary sewer any roof downspouts, foundation or area drains, the contents of any spring, flowing well, creek, ditch, or any other sources of surface runoff or groundwater. [Code 1988 § 9-2-4.4].

13.10.170 Injury to sewer prohibited.

It shall be unlawful for any unauthorized person to willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sanitary sewer facilities or sewage works. [Code 1988 § 9-2-4.5].

13.10.180 Sewer manholes.

It shall be unlawful for any person to open any sewer manhole without permission from the superintendent. [Code 1988 § 9-2-4.6].

Article IV. Installation and Maintenance of Service Laterals

13.10.190 Separate connection required for each premises.

A separate and independent service lateral shall be provided for each premises for both water and sewer. [Code 1988 § 9-2-5.1].

13.10.200 Installation of laterals – Construction permit required.

All water and sewer service laterals including water meter box and meter setter are to be installed by or under the direction of the city or their authorized representative and the cost for installation shall be shared by the applicant and the city as set forth by resolution of the council.

Prior to commencement of construction activities in connection with the laying, repairing, altering or connecting any water or sewer service lateral the owner of the premises shall make application for and obtain a permit from the city. All required fees shall paid prior to the issuance of the permit. [Code 1988 § 9-2-5.2].

13.10.210 Installation of water meters.

Water meters will be furnished and installed and maintained by the city. [Code 1988 § 9-2-5.3].

13.10.220 Ownership of water service lateral – Responsibility for maintenance.

Within Carbon County, all water service lines lying between the meter box and the connection with the main line including the meter box and meter setter shall be owned and maintained by the city.

Outside of Carbon County, all water service lines lying between the connection with the main line and the water user’s property, with the exception of the meter and meter box, shall be owned and maintained by the property owner. [Ord. 2007-4. Code 1988 § 9-2-5.4].

13.10.230 Ownership of sewer service laterals – Responsibility for maintenance.

All sewer service laterals lying within the right-of-way of a city street shall be owned by the city; provided, however, that all maintenance of said service lateral and any damage which may arise as a result of a blockage of said lateral shall be the responsibility of the property owner and/or occupant. [Code 1988 § 9-2-5.5].

13.10.240 Installation of service laterals in new subdivisions.

Water and sewer service laterals shall be installed from the main line to the outer edge of the public street as part of the required improvements for a subdivision. Water service laterals shall include the installation of the meter box and meter setter. [Code 1988 § 9-2-5.6].

13.10.250 All installation to be in accordance with city standards.

All materials and construction used in connection with the installation of a sewer or water lateral or the extension of the city’s water or sewer system shall be in accordance with city standards. [Code 1988 § 9-2-5.7].

Article V. Extensions of Water and Sewer System

13.10.260 Procedure for approval.

A. Application for Extension. Any person desiring to extend water or sewer mains within the city may make application to the city. Said application shall contain a description of the proposed extension accompanied by a map showing the location thereof. The council may grant or deny the application as in its discretion seems best for the welfare of the existing users in the city.

B. Detailed Plans to Be Submitted. Upon receiving preliminary approval from the council the applicant shall submit detailed engineering plans showing the location and size of all mains, service laterals, and any other facilities to be included as part of the extension. The applicant shall also submit to the council documentation, acceptable to the council, agreeing to construct all required off-site or oversized facilities as shown on the plans and accepting the conditions relating to reimbursement.

C. City Council to Act on Application. Upon receipt of the documents and the report of the city engineer, the city council shall consider the question of the extension, and upon a motion properly presented shall act to approve or deny the extension. [Code 1988 § 9-2-6.1].

13.10.270 Design requirements and criteria.

A. Conformance with City Standards. The design, location, materials and standards of construction shall be in accordance with city standards as approved by the city engineer.

The design and sizing of all extensions shall be based upon considerations of adequacy to meet both present and future requirements for domestic water supply, fire protection, and sanitation within the city.

B. To Be Connected to Existing Mains. The requested water or sewer main extension shall be connected to the nearest adequate existing main as determined by the city and shall extend the full width of the property to be provided with such service.

C. Oversized and Off-Site Facilities May Be Required. The city may require the construction of off-site and/or oversized lines and facilities as a condition of approval of the extension. [Code 1988 § 9-2-6.2].

13.10.280 Applicant to construct improvements.

All cost in connection with the construction shall be borne by the applicant. Except that off-site or oversized lines and facilities constructed by the applicant shall be eligible for reimbursement as hereinafter provided. [Code 1988 § 9-2-6.3].

13.10.290 Reimbursement for off-site improvements.

A. Reimbursement Permitted – How Determined. All applicants shall be eligible for reimbursement for that proportion of the cost incurred in making the extension which benefits properties fronting on the extension other than those owned by the applicant. The amount eligible for reimbursement and the method of payment shall be as follows:

Upon completion of an extension the city engineer shall make a determination of the per-front-foot cost for such extension. Thereafter the city will enter a deferred credit in an amount equal to the cost of the extension less the prorated amount represented by the length of frontage of the property owned by the applicant and any existing intersecting public street. Thereafter the applicant or his successor or assigns will be reimbursed by the city upon collection of fees assessed against the benefited properties, as service connections are made. The period of reimbursement shall extend for a period of seven years from the date of completion of the extension or until the initial prorated cost of the extension along the frontage not owned by the applicant shall have been refunded.

B. City to Levy Extension Fees – Amount of Fee. A water or sewer main extension fee for each and every subsequent service connection to an extension installed under the provisions of this section shall be paid before such service connection is made, except that no such fee shall be required for frontage owned by the applicant or for which a connection fee was paid prior to the construction of the extension. The extension reimbursement fee is separate and in addition to any other charges required by the city.

The amount of the extension fee to be paid by the benefited property shall be determined by multiplying the number of linear feet of frontage in the lot or parcel for which service connection is requested by one-half the average cost per linear foot of said extension.

All extension fees levied for purposes of reimbursement of off-site utilities shall be determined using the costs for installing water mains of six inches in diameter and sewer mains of eight inches in diameter. [Code 1988 § 9-2-6.4].

13.10.300 Oversized lines and facilities – Reimbursement permitted.

A. City May Require – Reimbursement Permitted. Where the council determines that the future development within an area requires the construction of a water or sewer main or other facility which is larger than required to serve an immediate development, the city may require the construction of such oversized line or facility as a condition of approval of the extension.

The applicant shall be eligible for reimbursement for that portion of the cost incurred in the construction of the oversized line or facility which benefits properties other than those owned by the applicant. The amount of reimbursement and the method of payment shall be as follows:

The council shall first make a determination of either the total area or number of potential connections which are to be benefited by the oversized facility. Thereafter, the city shall enter a deferred credit in an amount equal to the cost of the actual cost of constructing that portion of oversized line or facility which is in excess of the cost of the standard line or facility, less a prorated share of the cost of the oversized facility in an amount equal to the proportion of the territory or number of potential connections (as applicable) within the defined service area which is owned by the applicant.

Thereafter the applicant or his successors or assignee will be reimbursed by the city upon collection of fees assessed against the benefited properties as service connections are made thereto. The period for which the applicant shall remain eligible shall be as determined by agreement between the city and the applicant.

B. City to Levy Fees – Amount to Be Determined. A facility reimbursement fee will be charged for each and every subsequent service connection located within the designated service area. Said fee shall be paid before any water or sewer service connection is made, except that no fee shall be required for development occurring on land owned by the applicant. The fee required under this provision shall be in addition to all other charges levied by the city.

The amount to be levied shall be a proportionate share of the cost of said oversized line or facility as determined by the city in accordance with the criteria established at the time of approval of the facility. [Code 1988 § 9-2-6.5].

Article VI. Administration

13.10.310 Qualified plumbing necessary.

It shall be unlawful for any person to connect any drain or sewer pipe with the municipal sewer system or to connect any water pipe to the water system unless the person is a duly licensed plumber or unless, in the absence of a duly licensed plumber, any proposed connection to, alteration of, or change of connection to the water or sewer system shall be first submitted to the superintendent for review and approval. After such approval, the installation or work done shall be subject to inspection by the superintendent or his agent. [Code 1988 § 9-2-7.1].

13.10.320 Permits for installation.

It shall be unlawful for any person to directly or indirectly engage in the laying, repairing, altering or connecting of any drain or sewer pipe connected with or part of the water or sewer system without first having received a permit from the office of the recorder or the superintendent. [Code 1988 § 9-2-7.2].

13.10.330 Revocation of permits.

All construction permits for water or sewer connections or installations shall be issued to the plumber who is to do the work or to the owner of the property, subject to the supervision and inspection by the superintendent or his agents. The recorder or superintendent may at any time revoke a permit because of defective work or because of undue delay in completing the permitted work. [Code 1988 § 9-2-7.3].

13.10.340 Pipes to be kept in good repair.

All users of the sewer services shall keep their service pipes, connections, and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the superintendent, shall be allowed to dig into the street for the purpose of removing or repairing any service pipe or main. [Code 1988 § 9-2-7.4].

13.10.350 Quality of service pipe.

All service and other pipes used in conjunction with the water and sewer services of the municipality shall be of such material quality and specifications as the council may from time to time by resolution provide and shall be installed at such distances below ground as may be specified by regulations relating to the installation of water and sewer systems. All work, alterations or extensions affecting water and sewer pipes shall be subject to the acceptance of the superintendent, and no connections with the water or sewer mains shall be made without first obtaining a permit therefor from the recorder. [Code 1988 § 9-2-7.5].

13.10.360 Department to have free access.

The superintendent and his agents shall at all ordinary hours have free access to places supplied with water or sewer service from the municipal system for the purpose of examining the apparatus, to ascertain that the service is being used and that the manner of its use is consistent with city requirements. [Code 1988 § 9-2-7.6].

Article VII. Enforcement

13.10.370 Penalty.

Violation of the provisions of this chapter shall be a class C misdemeanor. [Code 1988 § 9-2-8.1].

13.10.380 Termination of water service – Procedure – Appeals.

In addition to any such penalty the city council may, as a means of facilitating enforcement of the provisions of this chapter or any rules and regulations adopted pursuant hereto, after due notice given, authorize the termination of culinary water service to any user found in violation thereof.

Any water user whose right to utilize city water is terminated for any reason other than nonpayment shall have opportunity to appear before the council and present his reasons as to why his water service should not be discontinued. After due hearing the council shall arrive at a determination. If said determination is to discontinue said user’s service connection, it shall notify him of said decision and of the period during which said water service will remain discontinued. (Sections 10-7-11 and 10-8-38, Utah Code Annotated 1953) [Code 1988 § 9-2-8.2].