CHAPTER 2
WATER DIVISION OF PUBLIC WORKS
Sections:
4-2-102 Duties of Superintendent.
4-2-104 Application for Water Service.
4-2-106 Board of Equalization.
4-2-108 Use After Service Is Disconnected.
4-2-113 Cross Connection Control.
4-2-116 Use of Water Only on Connected Premises.
4-2-117 Tampering with Meter or Meter Box.
4-2-119 Temporary Discontinuance of Service.
4-2-120 Maintenance of Water Mains and Service Connections.
4-2-101 Creation of Division.
There is hereby created a Water Division which shall consist of a Superintendent and such other employees as shall be provided for by the City Council.
(1968 Code 1-21-1; 1979 Code 4-2-1; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-102 Duties of Superintendent.
The Superintendent of the Water Division shall be responsible for the proper care and the efficient operation of the City’s culinary water and secondary water systems.
(1) “Culinary water,” commonly called “drinking water,” means water that is fit for human consumption and meets the quality standards of Utah Administrative Code R309-200. Common usage of terms such as “culinary water,” “potable water” or “finished water” are synonymous with “drinking water.”
(2) “Secondary water” is nonpotable water that comes from creeks and reservoirs. The intended use of secondary water is for outdoor landscaping water needs. Common usage of terms such as “irrigation water,” “nonpotable water,” and “ditch water” are synonymous with “secondary water.”
He shall have charge of the City reservoirs, water tanks, water mains, fire hydrants, and all equipment and appurtenances of the water works system. He shall direct the laying of the water mains, the installation of all service lines and the regulation of the supply of both culinary and secondary water. He shall inspect all plumbing installations, or provide for such inspection by other City personnel under Title 10, and may condemn and order removed any plumbing installation or fixture which violates any provision of State law or City ordinance.
(1968 Code 1-21-2; amended in codification 1979; 1979 Code 4-2-2; amended by Ordinance No. 14-85; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-103 Water System.
The culinary and secondary water systems constructed or otherwise acquired by the City to supply the City with culinary and secondary water is the property of the City and shall be under the sole and exclusive control and jurisdiction of the City. The Superintendent may, and at the direction of the City Council shall, from time to time direct the making of needed additions, improvements, alterations, and repairs to said systems. The City Council may also from time to time make such rules and regulations as it deems necessary for the operation and control of said system.
(1968 Code 4-5-1; amended in codification 1979; 1979 Code 4-2-3; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-104 Application for Water Service.
(1) Any person desiring or who is required to secure culinary and/or secondary water service from the Water Division, when such service is available, shall apply therefor to the City and file an agreement with the City which shall be in substantially the following form, with the appropriate provisions thereof stricken therefrom if the application is for one (1) service only:
The undersigned hereby applies to the City of Springville for culinary and/or secondary water service at (address) and agrees to be governed by the rules, regulations, and ordinances applicable to the City water system. The undersigned further agrees to pay promptly when due the rate fixed by the City for the use of such culinary and/or secondary water service, and in the event of failure to pay for the culinary and/or secondary water service, agrees that the culinary and/or secondary water service may be discontinued by the City.
(2) In case such application shall be made by a tenant of the owner of the premises to which the culinary and/or secondary water service is to be furnished, the application shall contain an agreement signed by the owner or his duly authorized agent to the effect that in consideration of granting such application the owner will pay for all service furnished to the premises in case the tenant or occupant shall fail to pay for the same.
(Statutory Authority UCA 10-7-10; 1968 Code 4-5-2; 1979 Code 4-2-4; amended by Ordinance No. 9-88; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-105 Rates and Fees.
The City Council shall, from time to time by resolution, establish such rates and fees as it deems proper for the culinary and/or secondary water service provided by the City and the uses made thereof connected. It shall be unlawful for any person, after the culinary and/or secondary water has been turned off from his premises on account of nonpayment of service fees or other violation of the rules, regulations, or ordinances pertaining to the culinary and/or secondary water system, to turn on or allow the culinary and/or secondary water to be turned on or used, without authorization from the City Treasurer and the Superintendent of the Water Division.
(1968 Code 4-5-6; amended in codification; 1979 Code 4-2-5; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-106 Board of Equalization.
(1) The City Council is hereby constituted a Board of Equalization of culinary and/or secondary water rates and fees, to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. The City Council may, if it sees fit, rebate all or any part of the water bill of any indigent person.
(2) The City Treasurer, with approval of the Water Superintendent may, if it seems fit, rebate up to one-half (1/2) of a culinary and/or secondary water bill due to an undetected water leak which caused an unusually high use of culinary and/or secondary water to the premises. Said rebate will not be given until the water leak has been discovered and fixed, and subsequently verified by the Water Superintendent.
(1968 Code 4-5-4; 1979 Code 4-2-6; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-107 [Repealed]
(Repealed by Ord. No. 22-2017, 10/17/2017)
4-2-108 Use After Service Is Disconnected.
It shall be unlawful for any person, after either the culinary and/or secondary water has been turned off from his premises on account of nonpayment of service fees or other violation of the rules, regulations or ordinances pertaining to the culinary and/or secondary water systems, to turn on or allow the water to be turned on or used without authorization from the City Treasurer and the Superintendent of the Water Division.
(1968 Code 4-5-6; amended in codification 1979; 1979 Code 4-2-8; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-109 Access to Premises.
Free access shall at all reasonable times be allowed to the Superintendent of the Water Division or other authorized person to all places supplied with service from the culinary and/or secondary water systems to examine the apparatus, the amount of culinary and/or secondary water used, the manner of use of service, and to perform such duties as they may have under this Chapter.
(Statutory Authority UCA 10-7-13; 1968 Code 4-5-7; 1979 Code 4-2-9; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-110 Plumbing Permits.
It shall be unlawful for any person to make any extension of any pipe or connect any fixture to the culinary and/or secondary water systems for any purpose whatever without first obtaining a permit under Title 10, or if none is required under that Title, a plumbing permit therefor from the Water Division and paying the permit fee which may be provided. All persons must, within twenty-four (24) hours after the completion of any plumbing work connected to the culinary and/or secondary water systems, report the same to the Water Division. All plumbing shall be done in compliance with the provisions of Title 10. No connection shall be made or permitted until the plumbing work has been inspected and approved by the Water Division or other authorized City inspector.
(1968 Code 4-5-8; amended in codification; 1979 Code 4-2-10; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-111 Water Connections.
(1) Upon payment of the fee for a culinary and/or secondary water connection in such amount as may be established from time to time by resolution of the City Council, it shall be the responsibility of the Water Division to make such connection or connections, but only on condition that all applicable City ordinances and rules and regulations have been complied with. Provided, however, the responsibility for providing labor and materials for water connections shall be governed by such policies and regulations as may be promulgated from time to time by the Water Division, and such policies and regulations may require the person for whom the connection is being made to make such connections under such supervision and standards as the Division may require or to furnish all or a portion of the labor and materials necessary to make the connections. Any extension of a culinary or secondary water main shall be governed by Springville City ordinances, regulations, policies, and standards and specifications, and the City Council may impose such conditions on the granting of such an extension as it deems fit as allowed under Springville City ordinances, regulations, policies and standards and specifications. Provided further, however, nothing in this subsection shall be construed so as to excuse a subdivider from the duty imposed by Springville City ordinances, regulations, policies, and standards and specifications to install culinary or secondary water mains within or to service subdivisions.
(2) It shall be unlawful for any person to connect any culinary or secondary water line with the public culinary or secondary water main unless such person has received a permit to do so and unless such connection is inspected and approved by the Superintendent of the Water Division or other authorized City inspector.
(1968 Code 4-5-9; amended in codification 1979; 1979 Code 4-2-11; amended by Ordinance No. 25-80; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-112 Water Meters.
(1) All structures (with the exception of detached garages or sheds), dwellings, units and establishments using culinary or secondary water from the City culinary or secondary water systems must have an appropriate water meter or meters connected to their culinary and/or secondary water system as necessary to adequately measure the culinary and/or secondary water used by the respective water users.
(2) Subject to the requirements of subsection (1) of this section:
(a) All structures containing two (2) dwelling units shall have a separate culinary meter and secondary meter for each dwelling unit.
(b) All structures containing more than two (2) dwelling units shall have such number of culinary and/or secondary meters as the owner thereof shall determine.
(3) Meters, whether culinary or secondary meters, shall be installed in easily accessible locations selected by the Superintendent of the Water Division. Culinary and secondary meters will be furnished by the City at the expense of the property holder, at rates established from time to time by resolution of the City Council. During the initial start-up of the City’s secondary water system in the spring-summer 2016, the City will furnish and bear the cost of the secondary water meters.
(4) Meter readings shall be taken at regular intervals as determined by the Superintendent of the Water Division and shall be submitted to the City Treasurer for the purpose of making necessary billings for culinary and/or secondary water service.
(1979 Code 4-2-12; amended by Ord. Nos. 35-92 and 20-93; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-113 Cross Connection Control.
(1) The purpose of this Section is to:
(a) Protect the culinary water supply of the City from possible contamination or pollution by requiring compliance with State and local plumbing codes, health regulations, occupational safety and health acts, and other applicable industry standards for culinary water system safety within the internal distribution system and private culinary water system of each water user;
(b) Promote reasonable elimination or control of cross connections in the plumbing fixtures and industrial piping systems of culinary water users, as required by State and local plumbing codes, health regulations, occupational safety and health acts, and other applicable industry standards to assure culinary water system safety;
(c) Provide for administration of a continuing back flow prevention program to prevent the contamination or pollution of all culinary water systems.
(2) The Superintendent of the Water Division shall be responsible for the protection of the culinary water system from foreseeable conditions leading to possible contamination or pollution of the culinary water system due to back flow of contaminants or pollutants into the culinary water system. In carrying out that responsibility, the Superintendent shall cause culinary water system surveys and inspections of water users’ culinary distribution systems to be conducted by individuals deemed qualified by the Superintendent and representing the City Water Division. Records of such surveys and inspections shall indicate compliance with the health and safety standards listed in subsection (1) of this section. All such records shall be maintained by the Water Division. The Superintendent shall notify all culinary water users in writing of the need for the periodic system survey to insure compliance with existing applicable health and safety standards. Based upon the result of such surveys and inspections, the Superintendent shall select and approve a back flow prevention assembly for the culinary service connection of any water user as deemed appropriate by the Superintendent.
(3) It shall be the responsibility of a culinary water user to purchase, install, test, and maintain any back flow prevention assembly required to comply with this Section.
(4) The responsibility of the building inspector charged with enforcement of the plumbing code adopted by Title 10 shall begin at the downstream side of each culinary water meter and continue through the length of each water user’s culinary water system. The building inspector will review all plans to ensure that unprotected cross connections are not a part of the culinary water user’s system. If a cross connection cannot be eliminated, it shall be protected by installation of an air gap or an approved back flow prevention assembly in accordance with the plumbing code. The culinary water user’s system shall be installed so that water vacating the culinary water system must do so through an approved air gap or approved mechanical back flow prevention assembly properly installed in accordance with the plumbing code. All surveys, tests, repairs, or maintenance of back flow prevention assemblies, whether done by a water user or by the Water Division, shall be performed by a certified technician, certified by the State of Utah Division of Drinking Water. The technician shall have the following responsibilities:
(a) To ensure that acceptable testing equipment and procedures are used for testing, repairing or overhauling back flow prevention assemblies.
(b) To make reports of such testing and repair to the water user, Water Division, and the State on forms approved for such use by the State and within the time limits prescribed by the State. The report shall include the list of materials or replacement parts used.
(c) To ensure replacement parts are equal in quality to parts originally supplied by the manufacturer of a back flow prevention assembly being repaired.
(d) To not change the design, material, or operational characteristics of a back flow prevention assembly during testing, repair or maintenance.
(e) To ensure that testing equipment being used is acceptable to the State and is in proper operating condition.
(f) To be equipped with, and be competent to use, all necessary tools, gauges, and other equipment necessary to properly test and maintain back flow prevention assemblies.
(g) To attach to each back flow prevention assembly tested, a tag showing the serial number, date tested, name of technician, and technician’s license number.
(5) No culinary water service connection to any premises from the City culinary water system shall be made or maintained except in compliance with this Section and all other applicable State laws, regulations, and codes. If the Superintendent of the Water Division finds that a back flow prevention assembly required by this Section is not installed, tested, or maintained; or that a back flow prevention assembly has been removed or bypassed; or an unprotected cross connection exists on the premises; or the periodic system survey of a water user’s culinary water system has not been conducted, he shall give written notice of such violation to the water user. If the violation is not corrected within ten (10) days after the date of such written notice, service of culinary water to that water user shall be disconnected and shall not be restored until the violation is corrected. A water user’s system shall be open for inspection at all reasonable times to the Superintendent of the Water Division or his authorized agent to determine whether cross connections or other structural or sanitary hazards, including violations of this Section exist, and to audit the results of the required survey. If the Superintendent deems a service connection to be a significant hazard to the culinary water supply of the City, an approved back flow prevention assembly shall be installed on the service line of that water user’s system, at or near the property line, or immediately inside the building being served, but, in all events, upstream of the first branch line leading off the service line. The Superintendent shall have the authority to specify the type of back flow prevention assembly required. All such assemblies shall be approved back flow assemblies. Provided, however, all back flow prevention assemblies which are installed prior to the effective date of this Section which do not meet the requirements of this Section, but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements of this Section, be excluded from the requirements of this subsection (5) so long as the Superintendent is assured that they will satisfactorily protect the City culinary water system. If an existing back flow prevention assembly is moved from its present location or requires more than minimum maintenance, or if the Superintendent finds that the operation or maintenance constitutes a hazard to health, it shall be replaced by an approved back flow prevention assembly.
(6) The culinary water user at any premises where a back flow prevention assembly is installed shall have surveys and inspections and operational tests made by certified technicians at least once per year at the water user’s expense. If the Superintendent deems it necessary to protect the public health, he may require such surveys, inspections, and tests at a more frequent interval. The Superintendent shall see that all such tests are made according to standards set forth by the State. Each back flow prevention assembly shall be tested within ten (10) working days of the initial installation. No back flow prevention assembly shall be installed so as to create a safety hazard.
(7) The following definitions shall apply to this Section:
(a) “Approved back flow prevention assembly” shall mean a back flow prevention assembly accepted by the State as meeting an applicable specification or as suitable for the proposed use.
(b) “Back flow” shall mean the reversal of the normal flow of water caused by either back pressure or back siphonage.
(c) “Back pressure” shall mean the flow of water or other liquids, mixtures, or substances under pressure into the feeding distribution pipes of the culinary water supply system from any source other than the intended source.
(d) “Back siphonage” shall mean the flow of water, or other liquids, mixtures, or substances into the distribution pipes of the culinary water supply system from any source other than the intended source, caused by reduction of pressure in the culinary water supply system.
(e) “Back flow prevention assembly” shall mean a device or means designed to prevent back flow. Specifications for back flow prevention assemblies shall be those contained within the Utah Plumbing Code and the Cross Connection Control Program for Utah which has been adopted by the State.
(f) “Contamination” shall mean a degradation of the quality of the culinary water supply by sewage, industrial fluids or waste liquids, compounds or other materials.
(g) “Cross connection” shall mean any physical connection or arrangement of piping or fixtures which may allow nonpotable water or industrial fluid or other material of nonpotable quality to come in contact with potable water inside a distribution system. This shall include any temporary connections such as swing connections, removable connections, four-way plug valves, spools, dummy sections of pipe, swivel or change over devices or sliding multiport tubes or other plumbing arrangements.
(h) “State” shall mean the Utah Department of Health, Bureau of Drinking Water/Sanitation, except as otherwise indicated by the context.
(1979 Code 4-2-13; repealed by Ordinance No. 14-85; adopted by Ordinance No. 16-90; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-114 Service Lateral.
A separate and independent culinary and a separate and independent secondary water service lateral may be required for every building for culinary and/or secondary water service, except in cases of undue hardship where the City Council deems it necessary to make an exception.
(1968 Code 4-5-12; 1979 Code 4-2-14; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-115 Multiple Connections.
Where two (2) or more families or premises are supplied with culinary and/or secondary water from the same service pipe, the failure on the part of either of said parties to comply with this Chapter shall be grounds for the City to withhold the supply of water through said service pipe until a separate service pipe is installed for each user of the water under a separate application.
(1968 Code 4-5-13; 1979 Code 4-2-15; amended by Ordinance No. 14-85; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-116 Use of Water Only on Connected Premises.
It shall be unlawful for any culinary and/or secondary water user to permit any person from other premises, or unauthorized persons, to use or obtain culinary and/or secondary water regularly from his premises or water fixtures either outside or inside his building.
(1968 Code 4-5-14; 1979 Code 4-2-16; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-117 Tampering with Meter or Meter Box.
(1) It shall be unlawful for any person to tamper with, modify, or deface in any manner a culinary or secondary water meter or meter box.
(2) Modifications or connections to piping inside the culinary or secondary meter box are prohibited. Sprinkler system connections inside the culinary meter box or at any point on the service line between the meter and the distribution main are prohibited. Any such connections shall be removed at the expense of the owner of the property for which water service is provided.
(1979 Code 4-2-17; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-118 Wasting Water.
It shall be unlawful for any culinary and/or secondary water user to waste water or to allow it to be wasted by imperfect stops, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow, or to wastefully run culinary and/or secondary water from hydrants, faucets or stops or through basins or water closets, urinals, sinks or other apparatus, or to use the culinary and/or secondary water for purposes other than those for which he has paid or to use culinary and/or secondary water in violation of the rules and regulations for controlling the culinary and/or secondary water supply and other provisions of this Title.
(1979 Code 4-2-18; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-119 Temporary Discontinuance of Service.
The City may at any time, without notice, shut off culinary and/or secondary water from its mains for purpose of making repairs or extensions or for other purposes, and no claim shall be made against the City, by reason of any culinary and/or secondary water main breakage whatsoever, or for any damage that may result from the shutting off of culinary and/or secondary water for repairing, laying or relaying mains, hydrants, or other connections, or for any other reason whatsoever.
(1979 Code 4-2-19; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-120 Maintenance of Water Mains and Service Connections.
The obligations of the City and users of the culinary and/or secondary water systems with respect to maintenance of culinary and/or secondary water mains and service connections therefrom shall be as follows:
(1) All culinary and/or secondary water mains and the service connections therefrom, including all piping inside the meter box, which are located on public property shall be maintained by the City, except that the City will not maintain a service connection at any point between the meter box and the facility it serves. All such service connections shall be kept in good repair and free from leaks by the owner of the property for which culinary and/or secondary water service is provided. Said service connection shall be maintained in such a condition as to be able to withstand normal maintenance to the meter, yoke, and service connection between the meter and the City’s culinary and/or secondary water main.
(2) Culinary and/or secondary water mains and service connections therefrom which are located on private property shall be maintained by the owner thereof and not by the City; provided, however, that culinary and/or secondary water mains which are on private property but which are part of the City culinary and/or secondary water distribution system shall be maintained by the City. Repairs to lines which are to be maintained by the private property owner shall be at the expense of the owner and shall be performed by the owner when reasonably requested by the City. Culinary and/or secondary water service to or through mains or service connections on private property may be discontinued if the owner of said lines fails or refuses to repair the same when reasonably requested by the City.
(3) The City shall maintain all culinary and secondary water meters, including those on private property. The Superintendent of the Water Division and other authorized persons shall have the right to enter private property for that purpose.
(1979 Code 4-2-20; repealed by Ordinance No. 14-85; adopted by Ord. No. 35-92; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-121 Fire Hydrants.
All public fire hydrants shall be under the control of and shall be kept in repair by the Water Division, and in case of fire, the Fire Department shall have free access to said hydrants. No other person shall open or operate any fire hydrant, or attempt to draw water therefrom without special permission of the Superintendent of the Water Division, or obstruct the approach thereto.
(1968 Code 4-5-19; amended in codification 1979; 1979 Code 4-2-21; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-122 Scarcity of Water.
In time of scarcity of water, whenever it shall in the judgment of the Mayor and City Council be necessary, the Mayor shall by proclamation limit the use of culinary water for other than domestic purposes to such extent as may be necessary for the 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 Section.
(Statutory Authority UCA 10-7-12; 1968 Code 4-5-20; 1979 Code 4-2-22; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)
4-2-123 Penalty.
(1) Any culinary and/or secondary water service user violating any of the rules, regulations or ordinances controlling the culinary and/or secondary water systems shall forfeit all payments made and the right to the use of said services, and service to the premises of such user shall be discontinued.
(2) Civil Penalties.
(a) A user who has violated, or continues to violate, any provision of this Chapter shall be liable to the City for a maximum civil penalty of $1,000.00 per violation, per day.
(b) The City may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(c) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(3) Criminal Penalties. In addition to the foregoing penalty, any person who shall violate any of the provisions of this Chapter shall be guilty of misdemeanor and upon conviction thereof shall be liable to punishment by a fine in any amount not to exceed $299.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.
(4) Remedies Nonexclusive. The remedies provided for in this Chapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a user who violates the provisions of this Chapter. The Superintendent is empowered to take more than one (1) enforcement action against any user.
(1968 Code 4-5-21; 1979 Code 4-2-23; Ord. No. 09-2014, 04/15/2014; Ord. No. 03-2016 § 1, 04/05/2016)