Chapter 13.05 WATER AND SEWER SYSTEM

The water department of the town is hereby created. It shall administer the operation and maintenance of the water system of the town. [Ord. 7-11-91 § 14-110; Ord. 7-5-63 § 1.]

13.05.020 Superintendent.

There is hereby created the position of superintendent of the water department. [Ord. 7-11-91 § 14-111; Ord. 7-5-63 § 2.]

13.05.030 Duties of the superintendent.

The superintendent of the water system shall manage and supervise the town water system pursuant to the provisions of this article and pursuant to resolutions, rules, and regulations adopted by the governing body from time to time prescribing his or her powers and duties and directing the manner and frequency with which he or she shall make reports to the chairman relating to the water system. All of the functions and activities of the superintendent shall be carried on under the direction of the chairman. [Ord. 7-11-91 § 14-112; Ord. 7-5-63 § 3.]

13.05.040 Application for water connection.

Any person, other than a subdivider or developer seeking a water connection, who desires or is required to secure a new connection to the town water system, shall file with the water department for each such connection a written and signed connection application substantially in the following form:

MANILA, UTAH

APPLICATION FOR WATER CONNECTION TO TOWN OF MANILA, UTAH

I hereby apply to the town of Manila, Utah for permission to connect my premises at ___________________ with the town of Manila, Utah water system and hereby agree as follows:

1. (a) The Town shall make the requested connection from its water main to and including the water meter and up to my property line or to the meter if the meter is installed within my property. I agree to pay the Town the connection charges and fees as may be fixed by the governing body by resolution or ordinance including a reservoir charge if so provided.

Additionally, I agree to pay $______ for inspection and overhead charges and other miscellaneous costs of the Town as may be fixed by the governing body by resolution or ordinance.

The work of extending the water connection from the point to which the Town installs it to the place at which the water is to be used shall be my responsibility and shall be performed at my sole cost.

(b) The connection so made by the Town, including the meter, shall remain the property of the Town at all times, and the Town shall have access thereto at all times.

2. The location of the meter, whether on my premises or at some point near my premises, may be decided solely by the Town.

3. Before making connection with the water system, I shall cause the plumbing upon my premises to be inspected by the town and if the plumbing is not approved, I will cause the plumbing to be rectified at my own expense to meet the requirements of the town or of any other governmental agency having jurisdiction to regulate the water system within the Town.

4. I will be bound by the rules, regulations, resolutions, or ordinances enacted now or hereafter by the Town applicable to the Town’s water system.

5. The purpose for which the water connection will be used is _______________.

6. The Town shall have free access to the lines and meters installed under this agreement and, at reasonable times, through my property if necessary.

DATED this _____ day of _______, 20__.

__________________________

Applicant

[Ord. 7-11-91 § 14-113.]

13.05.050 Application for water connection by subdivider.

Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required. [Ord. 7-11-91 § 14-114.]

13.05.060 Application for water service.

Superseded by Res. 5-8-08. [Ord. 7-11-91 § 14-115; Ord. 7-13-78B; Ord. 4-10-75B; Ord. 4-10-75A; Ord. 7-5-63 § 4.]

13.05.070 Nonowner applicants – Agreement of owner.

Superseded by Res. 5-8-08. [Ord. 7-11-91 § 14-116; Ord. 7-5-63 § 4.]

13.05.080 Rates and connection fees.

The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee, and other charges incidental to connection and services from the town water system shall be fixed from time to time by resolution enacted by the governing body. The governing body may from time to time promulgate rules for levying, billing, guaranteeing, and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. [Ord. 7-11-91 § 14-117; Res. 2-14-80; Res. 6-14-79; Res. 7-13-78C; Ord. 7-13-78B; Res. 5-11-78; Ord. 4-10-75B; Ord. 4-10-75A; Ord. 7-5-63 § 5.]

13.05.090 Special rates.

The governing body may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper. [Ord. 7-11-91 § 14-118; Ord. 7-5-63 § 6.]

13.05.100 Board of equalization, rates, and rebates.

The governing body is hereby constituted a board of equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust. They may, if they see fit, rebate all or any part of the water bill of any indigent person. [Ord. 7-11-91 § 14-119; Ord. 7-5-63 § 7.]

13.05.110 Delinquency – Discontinuance of service.

A. The recorder/clerk or water supervisor shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular interval as the governing body shall direct.

B. The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within 30 days of the date due, the recorder/clerk or water supervisor shall give the customer notice in writing of intent to discontinue the service to the customer unless the customer pays the bill in full within five days from the date of notice.

C. If the water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent water charges must have been paid to the treasurer or arrangements made for their payment in a manner satisfactory to the town. In the event water is turned off for nonpayment of water charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on and off as the governing body may have established by resolution. Until such a resolution has been adopted, there shall be added an extra charge of $10.00 for turning on the water. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills. The recorder/clerk is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the town. [Ord. 7-11-91 § 14-120; Ord. 7-5-63 § 9.]

13.05.120 Turning on water after being turned off prohibited.

The town shall not permit any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the superintendent or clerk/recorder. [Ord. 7-11-91 § 14-121; Ord. 7-5-63 § 10.]

13.05.130 Separate connections.

The town shall not permit two or more families or service users to be supplied from the same service pipe, connection, or water meter unless special permission for such combination usage has been granted by the governing body and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the town for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the town to require separate pipes, connections, or meters at a subsequent time. [Ord. 7-11-91 § 14-122; Ord. 7-5-63 § 11.]

13.05.140 Unauthorized users.

The town shall not permit any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his or her premises or water facilities, either outside or inside his or her premises. [Ord. 7-11-91 § 14-123; Ord. 7-5-63 § 12.]

13.05.150 Period for visitors.

Individuals visiting the premises of an authorized user in a recreational vehicle may not receive water service from the service pipes or facilities of the host. [Ord. 7-11-91 § 14-124.]

13.05.160 Pipes to be kept in good repair.

All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person except under the direction of the water superintendent shall be allowed to dig into the street for the purpose of laying, removing, or repairing any service pipe. [Ord. 7-11-91 § 14-125; Ord. 9-13-84; Ord. 7-5-63 § 13.]

13.05.170 Quality of service pipe.

A. All service and other pipe used in conjunction with the water services of the town shall be of such material, quality, and specifications as the governing body 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 water department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefor from the recorder/clerk.

B. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises. [Ord. 7-11-91 § 14-126; Ord. 9-13-84; Ord. 7-5-63 § 14.]

13.05.180 Faulty equipment.

The town shall not permit any water user to:

A. Waste water.

B. Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow.

C. Wastefully run water from hydrants, faucets or stops through basins, water closets, urinals, sinks, or other apparatus.

D. Use the water for purposes other than for those which he has applied or to use water in violation of the rules and regulations for controlling the water supply. [Ord. 7-11-91 § 14-127; Ord. 7-5-63 § 15.]

13.05.190 Sprinkling vehicles.

Vehicles for sprinkling shall be regulated and controlled by the water department through the superintendent of the water department. [Ord. 7-11-91 § 14-128; Ord. 7-5-63 § 16.]

13.05.200 Department to have free access.

The water superintendent and his or her agents shall at all ordinary hours have free access to any place supplied with water services from the town system for the purposes of examining the apparatus and ascertaining the amount of water service being used and the manner of its use. [Ord. 7-11-91 § 14-129; Ord. 7-5-63 § 17.]

13.05.210 Nonliability for damages.

The town shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the town beyond that provided in the Governmental Immunity Act. [Ord. 7-11-91 § 14-130; Ord. 7-5-63 § 18.]

13.05.220 Sprinklers.

A. The town shall not permit any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the governing body materially affect the pressure or supply of water in the town water system or any part thereof, and the governing body may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.

B. The governing body shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this article. [Ord. 7-11-91 § 14-131; Ord. 7-5-63 § 20.]

13.05.230 Scarcity of water.

In time of scarcity of water, whenever it shall in the judgment of the chairman and the governing body be necessary, the mayor shall by proclamation limit the use of water to such extent as may be necessary. The town shall not permit any person, his family, servants, visitors, or agents to violate any proclamation made by the mayor in pursuance of this article. [Ord. 7-11-91 § 14-132; Ord. 7-5-63 § 21.]

13.05.240 Waste of water.

A. Users of water from the town water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or of any of the officers of the town, a user of town water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the governing body.

B. The governing body may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his or her water connection at least five days prior to the meeting of the governing body at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.

C. A water user whose right to utilize town water is being reviewed shall have opportunity to appear with or without counsel and present his or her reasons why his or her water services should not be discontinued.

D. After due hearing, the governing body may arrive at a determination. If the determination is to discontinue the wasteful water user’s service connection, it shall notify him of the decision and of the period during which the service will remain discontinued. [Ord. 7-11-91 § 14-133.]

13.05.250 Water meters.

A. Except as otherwise expressly permitted by this article, all structures, dwelling units, establishments, and persons using water from the town water system must have such number of water meters connected to their water system as are necessary in the judgment of the superintendent to adequately measure use and determine water charges to the respective users.

B. Meters will be furnished by the town upon application for a connection, and upon payment of such connection fees and other costs as may be established by the governing body from time to time by resolution.

C. Meters shall be deemed to be and remain the property of the town. Whenever a dispute between the superintendent and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the governing body after due notice in writing to the parties involved.

D. The town shall cause meter readings to be taken regularly and shall advise the town clerk/recorder thereof for the purpose of recording the necessary billings for water service.

E. Meters may be checked, inspected, or adjusted at the discretion of the town, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the town unless special permission is given by the town through its representative to the customer.

F. If a customer submits a written request to the superintendent to test his or her water meter, the town may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If the meter is found in such test to record from 97 percent to 103 percent of accuracy under methods of testing satisfactory to the governing body, the meter shall be deemed to accurately measure the use of the water and the property owner charged for all costs involved.

G. If the town’s meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than 97 percent or more than 103 percent of accuracy, the town shall make adjustments in the customer’s previous three months bills as are just and fair under the circumstances.

H. All damages or injury to the lines, meters, valves, or other materials of the town on or near the customer’s premises caused by any act or neglect of the customer shall in the discretion of the town be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney’s fee, which may arise or accrue to the town through its efforts to repair the damage to the lines, meters, or to other equipment of the department or collect such costs from the customer. [Ord. 7-11-91 § 14-134; Ord. 7-5-63 § 22.]

13.05.260 Permits for installation.

The town shall not permit any person to lay, repair, alter, or connect any water line to the town culinary water system without first having received a construction permit from the office of the recorder/clerk or from the water superintendent. [Ord. 7-11-91 § 14-135.]

13.05.270 Applications for installation permit.

A. Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the town water system must be made in writing by a licensed plumber, his or her authorized agent, or by the owner of the premises, who shall describe the nature of the work to be done for which the application is made. The application shall be granted if the superintendent determines that:

1. The connection, repair, alteration, or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interest of persons whose property has been or may thereafter be connected to the water main.

2. The connection conforms to the ordinances, regulations, specifications, and standards of materials required by the town.

All connections, alterations, or installations shall be to the line and grade designated by the water superintendent.

B. Fees for permits or for inspection services shall be of such amounts as the governing body shall from time to time determine by resolution. [Ord. 7-11-91 § 14-136.]

13.05.280 Moving or replacement of water lines.

In the event that the town in its sole discretion determines that any water line of the town must be moved or replaced, the town shall bear that portion of the cost of such move or replacement which applies to main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to his or her property line shall be borne by the customer. [Ord. 7-11-91 § 14-137.]

13.05.290 When permits shall not be issued.

Permission to connect with the town water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the building and plumbing codes of the political subdivision in which the house or building is located. [Ord. 7-11-91 § 14-138.]

13.05.300 Discontinuance of service.

Any customer desiring to discontinue service shall notify the town in writing of such fact at least 10 days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit made will be refunded upon discontinuance of service. [Ord. 7-11-91 § 14-139.]

13.05.310 Fire hydrants.

Water for fire hydrants will be furnished free of charge by the town. Installation and repairs on such hydrants shall be at the expense of the town and shall be made under the direction of the town. All customers shall grant the town, upon demand, a right-of-way or easement to install and maintain such hydrants on their premises if the town concludes that hydrants shall be so installed for the protection of the residents of the town. [Ord. 7-11-91 § 14-140.]

13.05.320 Extension of water mains within the town.

Any person or persons, including any subdivider, who desires to have the water mains extended within the town, and is willing to advance the whole expense of such extension, as hereinafter provided, may make application to the governing body by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to advance the whole expense thereof, which cost shall be verified by the water superintendent. The governing body may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the town. [Ord. 7-11-91 § 14-141; Ord. 9-13-84; Ord. 7-5-63 § 25.]

13.05.330 Cost of extensions determined.

Upon the receipt of such petition and map and before the petition is granted, the governing body shall obtain from the water superintendent a certified statement showing the whole cost of expense making such extension. [Ord. 7-11-91 § 14-142; Ord. 7-5-63 § 26.]

13.05.340 Amount of cost to be deposited with recorder.

If the governing body grants the petition, the amount of the cost of making the extension, as certified by the superintendent, shall be deposited with the recorder/clerk before any work shall be done on such extension. The deposit shall be made within 30 days, or such other time as the governing body shall indicate, after the granting thereof. [Ord. 7-11-91 § 14-143; Ord. 7-5-63 § 27.]

13.05.350 Return of any money – Forfeiture.

A. At the time the governing body decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his or her successors, or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.

B. In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund. [Ord. 7-11-91 § 14-144; Ord. 7-5-63 § 28.]

13.05.360 Ownership of extension.

Any such extensions shall be deemed the property of the town. [Ord. 7-11-91 § 14-145; Ord. 7-5-63 § 29.]

13.05.370 Supply of water services to persons outside the town limits.

The town may furnish water service from its water system to persons outside the town in accordance with the provisions of this article. [Ord. 7-11-91 § 14-147; Ord. 7-5-63 § 30.]

13.05.380 Petition for service.

Any person located outside the town limits who desires to be supplied with water services from the town water system and is willing to pay in advance the whole expense of extending the water system to his or her property, including the cost of extending any water main beyond its present location, may make application to the governing body by petition.

A. A description of the proposed extension.

B. A map showing the location thereof.

C. An offer to pay the whole expense incurred by the town in providing such extension and to advance such expense as shall be verified to by the water superintendent. The governing body and the person or persons seeking such extension may enter into an agreement providing in detail the terms under which the extension may be utilized by others in the future and the terms under which all or any portion of the cost of installing such extension may be refunded.

D. An acknowledgment that the town in granting the petition need supply only such water to the petitioner which from time to time the governing body deems beyond the requirements of water users within the town limits, and that such extension shall be the property of and subject to the control of the town. [Ord. 7-11-91 § 14-148; Ord. 7-5-63 § 30.]

13.05.390 Extensions may be master-metered.

When an extension supplying more than one house or user outside the town limits is connected to town water mains, the water superintendent may require a master meter to be installed near the point where the connection is to be made to the town main. This installation will be at the expense of the persons served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates. [Ord. 7-11-91 § 14-149; Ord. 7-5-63 § 31.]

13.05.400 Cost of extensions to be determined by water superintendent.

Upon receipt of such petition and map and before the petition is granted, the governing body shall determine what portion, if any, of the extension of the town water mains to the town limits the town shall construct, and shall obtain from the water superintendent a verified statement showing the whole cost and expense of making such extension. Such costs and expenses shall include administrative and supervisory expenditures of the town water department, which shall in no event be deemed to be less than 10 percent of the cost of materials and labor. [Ord. 7-11-91 § 14-150; Ord. 7-5-63 § 32.]

13.05.410 Water rates.

A. Commercial Water Rates.

1. a. This section shall be known as the commercial water fee rate schedule for the town of Manila, Utah, and may be cited and pleaded.

b. The purpose of this section is to establish a monthly commercial water fee rate, which is fair, consistent, and ensures the harmonious provision of culinary water from the Manila water system to a commercial property.

c. The mayor and town council of Manila, Utah, adopts this section pursuant to the Municipal Land Use Development Management Act of the Utah Code Annotated 1953 and other authorities and provisions of Utah statutory and common laws as applicable.

d. These provisions shall take effect immediately following the adoption of the ordinance codified in this section by the council and signed by the mayor of Manila. All existing ordinance sections, which relate to the establishment of a commercial water fee rate structure, are repealed to read as set forth in this section.

e. The interpretation and application of the provisions of this section shall be regarded as the minimum required for the protection of the public health, safety and welfare and shall be liberally construed to further the purposes as specified in subsection (A)(2) of this section.

The word “shall” is mandatory and the word “may” is permissive. Reference to the “town” shall be interpreted to generally apply to town staff, the planning commission, the building inspector, and council collectively.

2. a. A commercial water connection shall be considered as being made to a commercial building or structure, which is differentiated from a residential building or structure by the nature of its existence. A commercial building or structure involved in commerce or trade such as a store, office building, motel, or otherwise falling within the category of “commercial property” shall be covered by the parameters of this section. Such a commercial property building or structure will be charged a water user fee as determined by this section.

b. A commercial water connection made to a commercial property by the Manila water system shall be charged a monthly user fee for culinary water, which is determined by the equivalent meter factors. This methodology, as established in the Principles of Water Rates, Fees, and Charges by the American Water Works Association (AWWA), is cited in Manual 6 – Selection, Installation, Testing, and Maintenance.

c. The equivalent meter factors discussed in subsection (B)(2) of this section provides for determination of a commercial water rate by calculation under the equity method. The table below shows average per equivalent unit in the commercial meter by dividing the number of five-eighths-inch equivalent residential unit (ERU) customers the meter is capable of serving. The resulting calculation is the monthly commercial user fee for that specific metered commercial property.


Equivalent Meter Factors
Meter Size, Inches	Maximum Flow, gpm	Equivalent Relative to 5/8-Inch Meter Factors
5/8	20	1.0
1	50	2.5
1-1/2	100	5.0
2	160	8.0
3	300	15.0

Equivalent meter factors for commercial meters larger than three inches will be determined on a case-to-case basis.

d. Within the parameters of this section, a commercial property water use rate is determined by multiplying the number of equivalent relative five-eighths-inch meter factors, which correspond to the commercial meter size. For example, a one-and-one-half-inch commercial meter, using the equivalent meter factors in the table in subsection (A)(2)(c) of this section would be obligated to a monthly base water use fee equal to five five-eighths-inch water meters.

3. Enforcement.

a. It shall be unlawful for any person or ownership of a commercial property to violate the provisions of this section.

b. In addition to any other remedy that the town of Manila may have, the town may maintain an action in a court of competent jurisdiction for an order to enjoin, injunction, mandamus, and abate any violation of this section.

c. The mayor is authorized as the enforcing officer for this section and shall enforce all provisions, entering action in court if necessary, and by failure to do so shall not legalize any violation of such provisions. The town council may, by resolution or ordinance, from time to time entrust the role of administration in whole or in part to another officer of the town without amendment of this section.

B. Culinary Water Rates. The mayor or his designee shall read meters monthly. Each residential or commercial account will be assessed a monthly fee using a rate as set forth below. Water charges shall be collected monthly for each user connection. Service charges, inclusive of late fees, shall be as follows:

1. The basic monthly culinary water connection shall be charged as calculated to cover fixed costs associated with paying debt service, salaries and benefits, maintenance and operation, and all other costs of operation associated with the Manila water system as set according to the following schedule:

a. All residential and commercial water users of the Manila water system shall pay an across the board basic monthly rate increase of $8.00 per connection.

b. The monthly base gallons received by all users of the Manila water system shall be increased by 3,000 gallons per connection. A residential connection base gallons rate will be 13,000 and a commercial connection gallons base rate shall be 23,000 before any overage is charged during a calendar month.

c. The overage rate per 1,000 gallons of culinary water used above the base rate allowed during a calendar month shall remain at the existing rate of $2.25.

d. The late fee for monthly culinary water rates charged shall continue to be set at $5.00.

e. Manila culinary water system rates shall be fixed across the entire spectrum of uses depicted by the following:


User	Base Monthly Gallons	Monthly Rate
Town of Manila	13,000	$37.00
Daggett County	13,000	$52.00
Wyoming	13,000	$57.00
Commercial	23,000	$61.00

2. All users of the Manila culinary water system as identified in this subsection (B) shall be obligated to the provisions of MMC 13.05.610. Specifically, users shall:

a. Consistent with the established practice and requirements of the Manila water system, all users must pay the established rate, inclusive of overage and late fees, each and every month of the calendar year.

b. Failure to meet user obligations of a prompt payment of the monthly water rate charged shall be cause for the Manila water system to discontinue service or initiate collection efforts to remediate delinquent accounts. Once disconnected, reinstatement may only occur with payment of all fees owed. [Ord. 8-15-12 § 3; Ord. 2-11-10 § 3; Ord. 6-9-05 §§ I – III; Res. 3-13-03 §§ 1 – 3.]

13.05.420 Waterline maintenance.

In addition to the water right to hookup connection fees, the costs of the parts and installation of the water connection will be passed on to the property owner. The town of Manila will be responsible for the maintenance of the trunkline to the meter or property line. The resident will be responsible for maintenance from the meter or property line to the structure. [Res. 8-8-96A § 1; Res. 3-18-95.]

13.05.430 Final meter reading at time of property sale.

The water meter must be read at the time of sale of any property and is the responsibility of the owner prior to the sale and any and all costs for collection of same bill will be at the previous owner’s expense. [Ord. 11-13-86.]

13.05.440 Impact fees for water connections.

A. An impact fee shall be established and imposed upon new water connections for the individual lots within the Harper’s Landing subdivision and lots within the town of Manila.

B. The impact fee, to be imposed on a one-time basis per connection, shall be $2,000.

C. The town of Manila is authorized to adjust the standard impact fee either:

1. In response to unusual circumstances in specific cases as such may be considered and determined by the town of Manila; and

2. To ensure that impact fees be imposed fairly;

provided, that any adjusted fee shall not exceed the highest fee justified by the town of Manila’s impact fee written analysis.

D. The town of Manila is authorized to allow adjustment of impact fees to be imposed upon lots in the town of Manila and individual lots within the Harper’s Landing subdivision based upon additional studies and data submitted by the subdivision’s developer.

E. A new water connection for a lot within the town of Manila or within the Harper’s Landing subdivision will cause Manila to impose an impact fee of $2,000 for such water connection. [Ord. 9-13-01A §§ 1 – 4.]

Article II. Sewer

13.05.450 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

“Addendum” means the document included in MMC 13.05.550, Addendum A, calculations of user fees – Town of Manila service user charge system. The addendum is incorporated in this article. The service user charge system includes Sections A through H and shall have effect as fixed rates.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in milligrams per liter.

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.

“Building sewer” means the extension from the building drain to the public sewer or other place of disposal, also called house connection.

“Cesspool” means an underground reservoir for liquid waste (as household sewage).

“Class” means a classification of volume of use as described hereinafter.

“Combined sewer” means a sewer intended to receive both wastewater and storm or surface water.

“Easement” means an acquired legal right for the specific use of land owned by others.

“Floatable oil” means oil, fat, or grease in physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

“Garbage” means all waste resulting from residences, commercial trades, or businesses and institutions. Commercial and industrial waste shall be distinct from domestic or household sanitary wastes.

“Governing body” means the mayor and council members of the town of Manila.

“Hearing board” means that board appointed according to the provisions of MMC 13.05.530.

“Industrial wastes” means the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

“May” is permissive (see definition of “shall” in this section).

“Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.

“Person” means any individual, firm, company, association, society, corporation, or group.

“pH” means the logarithm of the reciprocal of the hydrogenous concentration. The concentration is the weight liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

“Septic tank” means a tank in which the solid matter of continuous flowing sewage is disintegrated by bacteria.

“Sewage” means the spent water of a community. The preferred term is “wastewater” (see definition in this section).

“Sewer” means a pipe or conduit that carries wastewater or drainage water.

“Shall” is mandatory (see definition of “may” in this section).

“Slug” means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

“Storm drain” (sometimes termed “storm sewer”) means a drain or sewer for conveying water, ground water, subsurface water, or unpolluted water from any source.

“Superintendent” means the superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the town of Manila or his authorized deputy, agent, or representative.

“Suspended solids” means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as filterable residue.

“System” means the sewer, wastewater or combined wastewater and storm or surface water facilities of the town.

“Town” means the town of Manila, Daggett County, Utah.

“Unpolluted water” means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

“Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.

“Wastewater facilities” means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

“Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant.”

“Watercourse” means a natural or artificial channel for the passage of water either continuously or intermittently. [Ord. 7-14-05 Art. I; Ord. 2-8-90A Art. I.]

13.05.460 Use of public sewers required.

A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town of Manila, or in any area under the jurisdiction of said town, any human or animal excrement, garbage, or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the town of Manila, or in any area under the jurisdiction of said town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

D. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the town or within 300 feet of the system is hereby required, at the owner(s) expense, to install suitable sewer facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this article, within 60 days after date of official notice to do so; provided, that said sewer is within 300 feet of the owner’s property line.

E. To evidence compliance with the requirements of this subsection E, the town adopts this penalty and compensatory sanctions, the violation of which shall constitute a misdemeanor of the second class: under the authority of Section 10-8-15, Utah Code Annotated 1953, as amended, the town of Manila hereby exercises a municipality’s extraterritorial jurisdiction to protect its culinary water system and its source from exposure to underground percolation from any ecological injury, pollution or contamination of the watershed or exposure of the system and water-polluting underground percolation influencing the culinary waterworks source. The town of Manila under the authority of Section 10-8-38, Utah Code Annotated 1953, as amended, declares that all lands (whether inside or outside an incorporated municipality within 300 feet on either side of the transmission or interceptor lines and the inlet facilities of each and all of the collection, interception and inlet facilities or one or any combination of the same (the “system”)) are a part of the facilities of the town of Manila and the system and the town hereby require that the owner or occupant of any land upon which any structure is located and on the nearest property line of any kind within 300 feet of any lateral, interceptor or collection portion of the system shall connect to the system, the failure of which shall constitute a public offense and be punishable by law as a misdemeanor of the second class. [Ord. 7-14-05 Art. II; Ord. 2-8-90A Art. II.]

13.05.470 Private wastewater disposal.

A. Where a public sanitary or combined sewer is not available under the provisions of MMC 13.05.460(D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.

B. Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit issued by the town’s water and sewer superintendent. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary. A permit and inspection fee shall be paid to the town at the time the application is filed. Permission to use the system for a private wastewater disposal system shall not become authorized until the installation is completed in compliance with the approved plans applicable with all state and local codes and this article. Authorized town employees shall be allowed to inspect the work at any stage of construction. The applicant for the permit shall notify the town clerk when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the town clerk.

C. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the Utah Department of Environmental Quality. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

D. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in subsection C of this section, a direct connection shall be made to the public sewer within 60 days, in compliance with this article, and the private disposal system shall be disconnected and made inoperable.

E. When a public sewer is not available, the owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, and at no expense to the town.

F. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Utah State Department of Environmental Quality, Draper office. [Ord. 7-14-05 Art. III; Ord. 2-8-90A Art. III.]

13.05.480 Sanitary sewers, building sewers and connections – Rates for use.

A. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the town.

B. There shall be three classes of sewer connection permits:

1. Class I for residential and light commercial services, up to 400 gallons per day;

2. Class II for commercial services, from 1,000 gallons to 2,000 gallons per day;

3. Class III for heavy users, commercial, industrial and special, from 3,200 gallons per day and over.

In every case, the owner(s) or agents shall make application on a form obtained from the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the town water and sewer superintendent.

A permit and inspection connection fee of $500.00 shall be charged for Class I; a fee of $2,500 for Class II, and a fee of $4,000 for Class III shall be paid to the town at the time the application is filed.

C. Form of Application. Each person owning, occupying or having an interest in any structure in the town of Manila, the property line of which is within 300 feet of the sewer line, shall connect to the sewer system upon an application in the form hereinafter set out. It shall be a Class B misdemeanor or a misdemeanor as declared by state law or county ordinance for any person to fail to connect to the sewer system who is the occupant, owner or user of any structure whose outermost property line is within 300 feet of the sewer system by a fine of not less than $50.00 for each day of violation and each day of failure to connect shall be deemed a separate offense. Each individual connection to the sewer system shall execute an application in the form maintained by the town of Manila.

MMC 13.05.550, Addendum A, calculations of user fees – Town of Manila service user charge system, is incorporated by reference and made a part of this article and a part of the ordinances of the town of Manila and its title shall be known and it may be referred to as “Addendum A, charge system” or merely “Addendum A” in any document, pleading, or proceeding pertaining to the sewer or wastewater system of the town of Manila; references to “Addendum A” shall also be made when there is an ambiguous declaration or statement in this article or any ordinance of the town of Manila, Utah, and any resolutions or proceedings affecting the town of Manila sewer and wastewater system. The rates for connecting to and use on monthly or any other basis may be fixed and amended by resolution or amending ordinance.

The governing body may promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based upon metered usage, effluent strength by or solely upon the basis of class as defined hereinabove or upon an equitable combination of any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among those based upon their usage of and benefit received from the system.

D. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

E. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole system will be considered as one building sewer. The town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

F. Old building sewers may be used in connection with new buildings only when they are examined and tested by the town sewer and water superintendent and found to meet all requirements of this article.

G. The size, slope, alignment, materials or construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town and the state of Utah. In the absence of these code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

H. Whenever possible, the building sewer shall be brought from the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where such means are necessary, the owner shall be responsible for all installations, maintenance, and operating costs for their operation.

I. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the town and the Utah State Department of Environmental Quality for purposes of disposal of polluted surface drainage.

J. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town, and the state of Utah, or the procedures set forth in appropriate specifications of nationally recognized publications of what are known as the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and watertight; any deviation from the prescribed procedures and materials must be approved by the town before installation.

K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.

L. Irrespective of the occupant, user, tenant, co-tenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises according to the records of the Daggett County recorder shall be legally responsible for the payment of all charges, fees, assessments and any other obligation or liability of a user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by the town of Manila as a lien upon all of the real property on which any use is made from a sewer connection. Water service to delinquent property shall be turned off by the town for failure to pay any and all sewage and wastewater fees, assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the town for sewer service are paid in full. All payments for utilities, whether “water” or “sewer,” shall be credited first to sewer assessments, fees or charges.

M. Interest Charge on Delinquent or Past-Due Connection Fees. The mayor and council of the town of Manila may, at their discretion and in circumstances that are equitable, impose interest at the highest legal rate (but not to exceed one and one-half percent per month) on all past-due accounts either for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this article. [Ord. 7-14-05 Art. IV; Res. 1-13-05 § 1; Ord. 2-8-90A Art. IV.]

13.05.490 Annual review of operational costs – Revision where required – Debt service.

A. The town shall review the total annual cost of operation and maintenance, long-term debt service relating to the wastewater treatment works, as well as each user’s wastewater contribution percentage every year, and will revise the user charge system as necessary to assure equity of the system established herein and to assure that sufficient funds are obtained from the town’s user charge system to:

1. Adequately operate and maintain the wastewater treatment works; and

2. Cover said debt service.

B. MMC 13.05.550, Addendum A, calculations of user fees – Town of Manila service user charge system, shall be used for calculating rates. The addendum shall be used as a formula for calculating rates, fees, and charges for connection, use and access to the system. The addendum is adopted and made a part of this article. [Ord. 7-14-05 Art. V.]

13.05.500 Use of the public sewers.

A. No person(s) shall discharge or cause the discharge of any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sewer, except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the town and Utah State Department of Health.

B. Storm water other than that exempted under subsection A of this section and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to natural outlets approved by the town and the Utah State Department of Environmental Quality. Unpolluted industrial cooling water or process waters shall also be discharged to a storm sewer, combined sewer, or natural outlet.

C. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

2. Any waters containing toxic or poisonous solids, liquids, or other wastes, to contaminate or interrupt any sewage treatment process, constitute a hazard in or have an adverse effect on the waters receiving any discharge from the works;

3. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works; and

4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and flesh, entrails; and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

Each user which discharges any toxic pollutants which cause damage to the Aurora treatment works shall be liable to the town for such damage and for all expenses incurred by the town in repairing that treatment works.

D. The following described substances, materials, waters, or wastes shall be limited in discharges to municipal system to concentrations or quantities which will not harm either the sewers, the sludge of any municipal system, the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, public property or constitute a nuisance. The town may set limitations more severe than the limitations established in the regulations below if such more severe limitations are necessary to meet the above objectives. In setting these requirements the town will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the sewers, capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer, which shall not be violated without approval of the town, are as follows:

1. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).

2. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

3. Wastewater from industrial plants containing floatable oils, fat or grease.

4. Any garbage that has not been properly shredded (see MMC 13.05.450). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in commercial kitchens for the purpose of consumption on the premises.

5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the state for such materials.

6. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the state.

7. Any radioactive wastes or isotopes of such half-life of concentration as may exceed limits established in compliance with applicable state or federal regulations.

8. Quantities of flow, concentrations, or both which constitute a “slug” as defined herein.

9. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

10. Any waters or wastes which, by interaction with other waters or wastes in the public sewer system, release obnoxious gases, suspended solids which interfere with the collection system, or create a condition contrary to structures and treatment processes.

E. If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection D of this section, and which are determined by the town to have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the town may:

1. Reject the wastes.

2. Require pretreatment to an acceptable condition for discharge to the public sewers.

3. Require control over the quantities and rates of discharge, and/or wastes not covered by existing taxes or sewer charges under the provisions of this section. If the town permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the town and the Utah State Department of Environmental Quality.

4. A plot plan of sewers of the user’s property showing sewer and pretreatment facility location.

5. Details of wastewater pretreatment facilities.

6. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

F. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, duration, and frequencies are to be determined on an individual basis subject to approval by the town.

G. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment. [Ord. 7-14-05 Art. VI; Ord. 2-8-90A Art. V.]

13.05.510 Damage to facilities.

No persons shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances or equipment which is a part of the wastewater facilities. Any persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct. [Ord. 7-14-05 Art. VII.]

13.05.520 Powers and authority of inspectors.

A. Duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this article.

B. Duly authorized town employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. Industrial users may withhold information when they have established that the revelation of said information to the public might result in an advantage to competitors.

C. Grease, oil, and sand interceptors shall be provided when liquid wastes containing floatable grease in excessive amounts, as specified in MMC 13.05.500(D)(3), or any flammable wastes, sand or other harmful ingredients are introduced into public sewers; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Utah State Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal, which are subject to review by the town. Any removal and hauling of the collected materials not performed by owner(s)’ personnel must be performed by currently licensed waste disposal firms.

D. Where pretreatment or flow-equalization facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at its expense.

E. When determined necessary by the town the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the town. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

F. The town may require any user of sewer services to provide information needed to determine compliance with this article. These requirements may include:

1. Wastewater’s discharge peak rate and volume over a specified time period.

2. Chemical analysis of wastewaters.

3. Information on raw materials, processes, and products affecting wastewater volume and quality.

4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer control.

G. While performing the necessary work on private properties referred to herein, duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the town employees, and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in MMC 13.05.500(E).

H. Duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. [Ord. 7-14-05 Art. VIII; Ord. 2-8-90A Art. VI.]

13.05.530 Hearing board.

A hearing board shall be appointed as needed for arbitration of differences between the town and sewer users on matters concerning interpretation and execution of the provisions of this article by the town. The board shall meet as necessary unless more often as determined by the town engineer. One member shall be a representative of a local commercial enterprise. One member shall be a residential user selected at large for their interest in accomplishing the objectives of this article. As the board deems necessary and upon concurrence by the town, a qualified attorney may be consulted by the board to a specific case. [Ord. 7-14-05 Art. IX; Ord. 2-8-90A Art. VII.]

13.05.540 Penalties.

A. Any person found to be violating any provision of this article except MMC 13.05.500 shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $299.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this article shall become liable to the town for the expense, loss, or damage occasioned the town by reason of such violation. [Ord. 7-14-05 Art. X; Ord. 2-8-90A Art. VIII.]

13.05.550 Addendum A, calculations of user fees – Town of Manila service user charge system.

The monthly fees shall be fixed by the governing body on an annual review provided for in MMC 13.05.490(A) and where adjustments are required or indicated, annual notices given as provided in MMC 13.05.480(M), the governing body shall fix such charges in a manner that will establish an equitable distribution of costs among users as affected by burdens on the system; to begin for the budget cycle of the town’s 2006 – 2007 budget, and annually thereafter; however, the governing body shall afford a reasonable hearing to any person who may request the same, said hearing to be conducted by a member of the governing body and two members chosen at large. Hearings may be held at the same time but not corroborated unless the facts are identical or similar. [Ord. 7-14-05 Addendum A.]

13.05.560 Sewerline maintenance.

In addition to the sewer right to hookup connection fees, the costs of the parts and installation of the sewer connection will be passed on to the property owner. The town of Manila will be responsible for the maintenance of the trunkline. The resident will be responsible for maintenance from the trunkline to the structure. [Res. 8-8-96B § 1; Res. 3-18-95.]

13.05.570 Impact fees for sewer connections.

A. An impact fee shall be established and imposed upon new sewer connections for the individual lots within the town of Manila.

B. That impact fee, to be imposed on a one-time basis per connection, shall be $1,000.

C. The town of Manila is authorized to adjust the impact fee either:

1. In response to unusual circumstances in specific cases as such may be considered and determined by the town of Manila; and

2. To ensure that impact fees be fairly imposed; provided, that any adjusted fee shall not exceed the highest fee justified by the town of Manila’s impact fee written analysis.

D. The town of Manila is authorized to allow adjustment of impact fees to be imposed upon lots in the town of Manila based upon additional studies and data submitted by the town of Manila.

E. A new sewer connection for a lot within the town of Manila will cause Manila to impose an impact fee of $1,000 for such sewer connection. [Ord. 9-13-01B §§ 1 – 4.]

Article III. Generally

13.05.580 Use of town sewer and water system mandatory.

A. It shall be unlawful for the owner or any other person occupying or having charge of any premises within the town limits which are situated within 200 feet of a sewer main to dispose of sewage therefrom by any means other than by use of the town sewer system. It shall be unlawful to construct or to continue the use of any other sewage disposal system such as a privy, vault, cesspool or septic tank on such property except by express approval of the town council in cases of undue hardship.

B. It shall be unlawful for a person to use or distribute water other than water from the town water system under the following circumstances:

1. If said water does not conform to the standards for culinary water imposed by the State Department of Health.

2. If said water is obtained from a well of less than 100 feet in depth or from any source which may become contaminated from surface runoff waters, or otherwise.

C. No operator of a trailer court, motel, apartment house, or other lodging places shall furnish water from other than the town water system to his patrons; provided, however, the board of trustees may from time to time by resolution grant such trailer court, motel, apartment house or other lodging place operator the right to use water from a source other than the town water system when, in the opinion of the board of trustees, the town water is or may become in short supply or that it is to the best interests of the town to permit such a use. [Ord. 4-10-75A; Ord. 6-23-67; Ord. 7-5-63 § 23.]

13.05.590 Water and sewer connections from main line – Regulation.

A. Sewer connections from a town of Manila main line onto property, whether public or private, shall be regulated in the following manner:

1. The town of Manila has the responsibility, whenever circumstances allow, to provide sewer to individual properties located within the jurisdictional boundaries of Manila.

2. This responsibility is limited to a connection with the nearest main sewer line located in town of Manila owned or controlled by right-of-way property. The main line located at the connection within property owned or controlled by Manila continues to be the responsibility of the town of Manila for maintenance and repair purposes.

3. Once required fees have been paid, and the town of Manila authorizes the connection, the property owner has the right to install a lateral sewer line onto their property which is intended to provide sewer service.

4. This line onto private property, as authorized by the town of Manila, must be installed in accordance with established guidelines and regulations.

5. The property owner retains the responsibility for this line and its subsequent maintenance and repair.

B. Water connections made from a town of Manila main line onto property, whether public or private, shall be regulated in the following manner:

1. The town of Manila has a responsibility, whenever circumstances allow, to provide water service from its main water line onto individual property located within its jurisdictional boundaries.

2. This responsibility is limited to the connection with the nearest main water line located within property owned or controlled by the town. Manila shall retain ownership and responsibility for the maintenance of the main water line, the connection within its property, and the water meter.

3. The property owner, once appropriate fees have been paid and the connection has Manila authorization, may install at their expense a lateral water line onto their property from the water meter in a manner authorized by the town of Manila.

4. The responsibility for this line and all connections made on individual property shall remain with the property owner. This responsibility shall include all repairs and maintenance.

5. The placement of water meters at the time of initial installation shall be accomplished within property owned or controlled by the town of Manila. Replacement of water meters currently located on private property will, at the option of Manila, be relocated onto town-owned or controlled property. [Ord. 10-19-00 §§ 1, 2.]

13.05.600 Utility set-up fee.

A $25.00 utility set-up fee will be charged on each and every new customer requesting the utilities be transferred or a new service be put into their name. [Res. 3-18-96.]

13.05.610 Water and sewer users responsible to pay monthly rates when.

A. Consistent with the established practice and requirements of Manila and that of other municipal water and sewer systems in Utah, all users of the water, sewer, and curbside trash pickup services must pay the established current rate, inclusive of any water overages incurred, charged each and every month of the calendar year.

B. The above-stated obligation to each of the water, sewer, and curbside trash pickup customers to pay the current monthly fee promptly each and every month of the year shall not be affected by use or occupancy. Absence from a residence, vacancy of a trailer or dwelling, or closure of a business shall not relieve the user from the monthly fee obligation.

C. This section eliminates the provision for a residence to have the status of part-time and receive a reduced monthly sewer rate. All users of the Manila sewer system that have a connection to the system shall pay the full monthly rate charged. Absence away from the dwelling or business is a personal choice which does not negate the obligation to pay the monthly user fee for services as available and provided by the Manila water, sewer, and curbside trash pickup systems.

D. Fairness and equity in Manila system user administration dictates the following across the board obligation. The monthly sewer rate charged to Manila sewer system users shall include an obligation for all users to pay the full rate each and every month for sewer service. This shall include all trailer park dwellings which are connected to the Manila sewer system whether occupied or unoccupied.

E. Failure to meet the obligation for a prompt payment of the monthly rate charged to users of the Manila water, sewer, and curbside trash pickup services shall cause the potential for Manila to discontinue service to the delinquent user. Once disconnected, reinstatement may only occur with the payment of additional fees.

F. The obligation as outlined in this section, once in effect, shall apply to all users of the Manila water, sewer, and curbside trash pickup systems, inclusive of the community of Manila, Daggett County, and Sweetwater County, Wyoming, present and future. [Res. 2-12-09A §§ 1 – 5;* Res. 5-8-08 §§ 1 – 4.]

*Code reviser’s note: Res. 2-12-09A contained two sections numbered “4.”

13.05.620 Water and sewer rates – Lodging facilities.

A. The town of Manila council, effective the effective date of the resolution codified in this section, makes this resolution establishing the rate structure for a commercial business considered to fall under the category of a lodging facility. This definition includes motels, hotels, and all commercial businesses which provide a “room for rent” for a temporary period of time.

B. A lodging-type business as defined by this section will be required to pay the established rate for a commercial water and sewer connection. This single-connection rate requirement will provide the established minimum gallons monthly of 24,000 gallons per commercial connection. Overage rates for gallons of water used are unchanged by this section.

C. The rate for a lodging-type business as defined by this section will be as follows. One room will be considered to invoke a one-quarter commercial water and sewer connection monthly rate obligation to the specific business. With the application of this rate formula, four rooms would equal one full commercial water and sewer monthly rate. Subsequently, all additional “rooms for rent” would be calculated at the four-to-one connection ratios regardless of the total number.

D. Nothing in this section is intended to apply to a business which provides for more than temporary lodging. Apartment complexes, duplexes, triplexes, or similar commercial housing would be responsible for water and sewer monthly rates established for other residential units.

E. The adoption of this section does not apply to the established impact fee structure as applicable to business or residential water and sewer services. All fees or applicable costs associated or incurred currently in connection with Manila utility service connections remain unchanged by this section. [Res. 4-17-08 §§ 1 – 5; Res. 4-10-08 §§ 1 – 5.]

13.05.630 Application for water and sewer service.¹

To the Town of Manila: The undersigned hereby applies for water and or sewer service from the Manila Water and Sewer System for the premises located at ________. Applicant agrees to pay charges for this service as fixed by the Manila Council.

Applicant understands and agrees that the monthly fee is payable by the prescribed due date and Manila shall have the right to discontinue service(s) until all delinquencies and reconnection fees as imposed are paid in full. ____(initial)

Applicant understands and agrees that the monthly fee is due and payable EACH MONTH of the year and that this obligation is not reduced or waived due to an absence of the applicant at the residence, closure of a business, or lack of use of the service for any length of time. ____(initial)

Water: The current fee as established by the Manila Council is $24.00 minimum for a residential service in the Town of Manila, $39.00 in Daggett County, Utah, and $44.00 minimum for a Wyoming residential service.

Business Water: The business current fee is $44.00 for a minimum monthly service for each business in the Town of Manila contained under a single roof and one ownership. The rate for a business outside of Manila for a minimum water service is $64.00 for each business whether under a single roof or continuous.

Sewer for residence: The monthly fee for sewer users shall be a minimum of $11.50.

Sewer for business: The monthly fee for sewer users shall be a minimum of $23.00.

NON-OWNER applicants: Applicants for water and sewer services who are not owners of the premises receiving utility services shall deposit an amount equivalent to one month total utility fees prior to activation of service. This deposit shall be used as payment in the event of delinquency in fees and shall be refundable to the depositor upon termination of service if there are no outstanding charges. The deposit is required in instances where the sale of property is in transition and applicant is not owner.

AGREEMENT OF OWNER: In consideration for the granting of the application submitted by my tenant (renter) _____________, I or we, as owner of record, will pay all water, sewer, and trash pickup fees owed by said tenant, occupant, renter of my premises located at _____________ if such is not paid in accordance to ordinances, rules, and pertinent regulations enacted by Manila, Utah.

_____________ _____________

Owner of record applicant tenant

_____________

Date

Code reviser’s note: The provisions of this section have not yet been adopted by ordinance.