TITLE VII. UTILITIES
CHAPTER 700: GENERAL PROVISIONS
SECTION 700.010: MAYOR TO SUPERVISE MUNICIPAL UTILITIES
The Mayor shall supervise all municipal utilities and shall be empowered himself/herself or by a designated employee to conduct any meeting or hearings with users of municipal services pursuant to this Chapter. The Mayor shall not override the Collector's duties per disconnection for failure of payment. (CC 1984 §110.010; Ord. No. 870 §1, 3-9-04)
SECTION 700.020: CITY UTILITIES, DEFINED
"City utilities" shall consist of the following:
1. The City water utility.
2. The City sewer utility.
3. The City electric utility. (CC 1984 §110.020)
SECTION 700.030: LIMITATION OF LIABILITY
The City shall furnish utility service from any of its utilities to customers only upon the expressed conditions precedent that the City will not be liable to consumer or other person for any inconvenience, delay, injury, loss or damage whatsoever, occurring by reason of derangements, stoppage, leak, fault or negligent construction or operation of any of the utility equipment apparatus, distribution means, pipes or lines, or by reason of the temporary shutting off of any of the utility service to clear or repair the same or for any other purpose, or by reason of the scarcity or insufficiency of the particular utility service supply, or the character or condition of the water or electricity supply, or by reason of the clogging or freezing of the mains or service pipes, or the disruptions of distribution due to weather or other acts of God; nor shall the City be liable for the expense of repair of any service, pipes, mains or lines not owned by the City. The City reserves the right at any time to restrict the use of any utility service for any and all purposes. The Mayor may, if he/she determines it necessary, impose a system of rationing or otherwise restrict the delivery of any or all utility services to a consumer. (CC 1984 §110.030)
SECTION 700.035: ADMINISTRATIVE FEE FOR UTILITY DEPARTMENTS
The City Clerk shall collect and pay into the common fund of the City of La Plata semi-annually up to nine percent (9%) of the revenue collections for electrical municipal and industrial sales, water sales, sewer charges and golf revenues as reimbursement for administrative services and costs provided by the City as directed by the City budget. (Ord. No. 782 §I, 6-30-01; Ord. No. 10-991 §1, 8-10-11)
SECTION 700.040: DUTIES OF CITY COLLECTOR, GENERALLY
The City Collector shall register all applications for the supply of any utility service, keep a full and
§ 700.040 La Plata City Code § 700.070
accurate account of all utility services provided, promptly collect all utility charges and pay the same to the Treasurer and report to the Board of Aldermen monthly all monies received. (CC 1984 §110.040)
SECTION 700.045: PAYMENT IN LIEU OF TAXES
In lieu of taxes, the City Clerk shall collect and pay into the common fund of the City of La Plata semi-annually up to five percent (5)% of the revenue collections for electrical municipal and industrial sales, water sales, sewer charges and golf revenues as reimbursement for administrative services and costs provided by the City as directed by the City budget. (Ord. No. 783 §I, 6-30-01; Ord. No. 10-989 §1, 8-9-11)
SECTION 700.050: APPLICATION FOR SERVICE CONNECTIONS
The rules and regulations along with the customer information sheet and application for utility service to be administered by the City Collector upon approval of the City of La Plata Board of Aldermen. (CC 1984 §110.050; Ord. No. 800 §§1─2, 11-13-01; Ord. No. 12-904 §1, 5-11-05)
SECTION 700.060: UTILITY DEPOSITS AND RECONNECT CHARGES
A. Deposits. The following deposits are required before connection of utilities:
Residential electric meter deposit $200.00
Residential water meter deposit 150.00
Commercial electric meter deposit 250.00
Commercial water meter deposit 200.00
B. The rules and regulations along with the customer information sheet and application for utility service to be administered by the City Collector upon approval of the City of La Plata Board of Aldermen. (CC 1984 §110.060; Ord. No. 662 §I, 4-12-94; Ord. No. 800 §§3─4, 11-13-01; Ord. No. 836 §1, 10-22-02; Ord. No. 12-904 §1, 5-11-05; Ord. No. 07-959 §1, 7-15-08)
SECTION 700.065: AFTER HOURS FEE
Any customer who has a utility problem and calls after normal hours, weekends or holidays shall be subject to a call out fee based upon actual cost incurred to City of La Plata if the call out problem is shown to be a problem upon the customer's side of the utility. (Ord. No. 840 §1, 12-10-02)
SECTION 700.070: METERS REQUIRED
A. All water and electricity supplied by any City utility service shall be charged for the same in accordance with the registration of the meters installed by the City to record such provisions of service, and charge shall be made in accordance with the registration of such meters and the rates established under this Chapter and all bills will be collected therefor in full (less such rate of discount as is available to all users of water and electric services for prompt payment); provided that when any such meter by actual test as provided for in this Chapter is found to be imperfect and fast
§ 700.070 General Provisions § 700.090
in measurement of the service by more than two percent (2%), the cost of the excess amount of services as represented by the imperfection of such meter shall be deducted from the total amount of the bill for the meter reading period for which such bill is rendered.
B. Employees of any municipal utility may at any time and with or without the knowledge or consent of any consumer, install an additional meter at any location where such meter may be connected into the service to any building, dwelling house or premises of any kind to which the City is furnishing utility service, and when such meter shall for any period register more utilities than are registered by the meter on the premises of the consumer, it shall be taken as evidence that the service being furnished to such consumer is not being properly metered by the first (1st) meter on the consumer's premises, and the consumer shall pay for all utilities registered over any period by the second (2nd) or additional meter so installed, instead of the amount that has been improperly registered by his/her regular meter.
C. All electric meters furnished by the City shall remain the property of the City, and City employees shall at all times have access to replace or remove any meters or accessories or other property of the City. The City may furnish an outdoor meter box or receptacle by which the meter may be attached to a conduit. Consumers shall provide space on the outside of the building to which the electric service is furnished, for the attaching of such box or receptacle, in a place easily accessible to the meter reader and approved by the Mayor, and the consumer shall install conduit and wires connecting such box or receptacle with the junction service box which serves the wiring in the building or premises. (CC 1984 §110.080)
SECTION 700.080: METER TESTS
A. Should any customer desire to challenge the accuracy of any meter supplied by the City, he/she may do so on request and payment of an inspection fee. Inspection fee shall be designed to cover the cost of testing the meter. This fee shall be set, from time to time, by the Mayor. Should the meter be found to be imperfect and fast in measurement of the service by more than two percent (2%), the cost of said new meter will be at City expense and said test shall be paid by the City and the inspection fee be refunded to the consumer. Should the test show the meter is correct in the margin of error of two percent (2%), the cost of the excess amount of services shall not be adjudged and the inspection fee shall be retained by the City. Should the inspection show that the meter is imperfect and slow in measurement of the service by more than two percent (2%), there shall be no adjustment of prior billings, the inspection fee will be retained by the City and the expenses for the new meter that was installed will be added to the following month's utility billing.
B. No consumer shall require a test of any meter more than once in six (6) months. At the request of the consumer a written report showing the result of such test shall be given the consumer requesting the same. (CC 1984 §110.090; Ord. No. 07-932 §1, 5-9-07)
SECTION 700.090: UTILITY BILLING PROCEDURES, PAYMENT DEADLINE,
PENALTY, FINAL NOTICE AND RECONNECT FEES
A. All City utility bills will be calculated and mailed to or otherwise delivered to the customer on or before the fifth (5th) day of each month and are due and payable in full on or before the twentieth (20th) day of each month.
B. Payments not received on or before the twentieth (20th) day of such month shall be deemed delinquent and shall bear a late payment penalty equal to ten percent (10%) of the utility bill. Notice of such delinquency shall be mailed or otherwise delivered to the customer and shall inform the
§ 700.090 General Provisions § 700.100
customer that failure to pay the utility bill and delinquency by 12:00 P.M. (Noon) on the last business day of the month will result in disconnection of utility services.
C. All utility bills not paid by 12:00 P.M. (Noon) on the last business day of the month shall result in disconnection of utility services.
D. All utility deposits previously made by the customer will be applied to the amount owing, including penalties and shall not prejudice the City's right to collect any balance otherwise payable to the City.
E. Prior to reconnection and restoration of utility services after disconnection, the customer shall deposit a sum equal to all delinquent amounts then due, including penalties, together with reconnect charges and a new utility deposit.
F. Customers voluntarily disconnecting utility services shall pay a reconnection fee upon re-establishing utility service. (CC 1984 §110.100; Ord. No. 662 §II, 4-12-94; Ord. No. 740 §§1─2, 7-20-00)
SECTION 700.095: DISCONTINUANCE OF GAS AND ELECTRIC UTILITY SERVICE
DURING HOT WEATHER PERIODS
During the period between June first (1st) and September thirtieth (30th), no residential customer shall be disconnected from electric or gas service for non-payment of bills, including all residential users of apartment buildings, when gas or electricity is used as the source of cooling or to operate the only cooling equipment at the residence, during the following occurrences:
1. On any day when the National Weather Service local forecast between 6:00 A.M. and 9:00 P.M. for the following twenty-four (24) hours predicts that the temperature shall rise above ninety-five degrees Fahrenheit (95°F) or that the heat index shall rise above one hundred five degrees Fahrenheit (105°F);
2. On any day when utility personnel are not available to reconnect utility service during the immediately succeeding day or days and the National Weather Service local forecast between 6:00 A.M. and 9:00 P.M. predicts that the temperature during the period of unavailability shall rise above ninety-five degrees Fahrenheit (95°F) or that the heat index shall rise above one hundred five degrees Fahrenheit (105°F); and
3. In any other applicable hot weather situations as subsequently directed by the Board of Aldermen and provided for in rules established and amended by the Missouri Public Service Commission. (Ord. No. 10-980 §1, 6-10-10)
SECTION 700.100: ESTIMATED BILLS
All bills for service charges furnished by the City may be estimated, when by reason of defect in or failure to read the appropriate meter or for any other reason, the monthly bill of the user or customer cannot be accurately determined. The City Collector shall make such estimate, considering the average consumption of the user over the previous twelve (12) months' period, considering the relative use of such utility service within the City as a whole for the period of time in question, and considering such other factors as the City Collector may deem appropriate. Such estimated bills shall be due and payable as are all other bills rendered under this Chapter. (CC 1984 §110.110)
§ 700.110 La Plata City Code § 700.130
SECTION 700.110: RESERVED
Editor's Note─Ord. no. 740 §3, adopted July 20, 2000 repealed section 700.110 "Hardship Cases", in its entirety. Former section 700.110 derived from CC 1984 §110.120.
SECTION 700.120: ACCESS TO PRIVATE PREMISES
The Mayor and the various persons employed by him/her in the line of duty shall at all reasonable hours have free access to all parts of any building, dwelling house or premises of any kind to which service is furnished, for the purpose of installing, examining or repairing or removing any poles, wires, meter or other material or appliances belonging to the City, or to read meters, turn on or cut off service, or for any other purpose that may be deemed essential for the preservation of such property, prevention of waste or collection of revenue. (CC 1984 §110.130)
SECTION 700.130: EMERGENCIES
A. Whenever the Board of Aldermen shall determine that a State emergency exists with respect to the operations of any municipal utility, the Board may, by resolution, establish such emergency restrictions on the use of such utility as may seem reasonable and prudent under the circumstances.
B. Any resolution adopted pursuant to Subsection (A) of this Section must establish the nature of the situation and the potential threat to life, health, safety and/or property which requires the emergency measures or restrictions.
C. Any resolution adopted pursuant to Subsection (A) of this Section may be in full force and effect for a period not to exceed ninety (90) days. The resolution may or may not state period of effectiveness within this ninety (90) day period. If the emergency situation has not been abated within this ninety (90) day period subsequent resolutions may be adopted at the discretion of the Board of Aldermen.
D. Upon publication of a resolution adopted pursuant to this Section 700.130, violations of the restrictions imposed by the resolution may be subjected to any or all of the following penalties to be imposed by the Municipal Court after a complaint and hearing:
1. An order of the Municipal Court to comply with the restrictions imposed by the resolution.
2. A fine not to exceed three hundred dollars ($300.00).
3. The termination of the subject utility service. (CC 1984 §110.140)
CHAPTER 705: UTILITY RATES AND CHARGES
ARTICLE I. GENERAL
SECTION 705.010: RIGHT TO CHANGE RATES RESERVED
The schedule of rates for the use of municipal utilities may at any time and in any respect be changed by action of the Board of Aldermen, and the right to make such change without notice to the individual consumer is hereby expressly reserved. (CC 1984 §115.010)
ARTICLE II. WATER AND SEWER
SECTION 705.020: WATER RATES
A. The rate for water service to customers of the waterworks system of the City of La Plata, Missouri, shall be as follows:
1. Minimum bill sixteen dollars sixty-seven cents ($16.67) for the first (1st) one thousand (1,000) gallons.
2. Next five thousand (5,000) gallons for $0.0091800 per gallon.
3. Next four thousand (4,000) gallons for $0.0075600 per gallon.
4. Next five thousand (5,000) gallons for $0.0064800 per gallon.
5. Next five thousand (5,000) gallons for $0.0054000 per gallon.
6. All over fifteen thousand (15,000) gallons for $0.005400 per one thousand (1,000) gallons.
B. The schedule of rates for the use of municipal water shall be automatically adjusted to compensate for water rate increases implemented by the City's supplier. New individual consumer water rate increases shall coincide with the supplier rate change. (Ord. No. 547 §§1─3, 3-12-85; Ord. No. 853 §1, 7-8-03; Ord. No. 06-898 §1, 2-10-05; Ord. No. 07-966 §1, 10-22-08; Ord. No. 12-13 §1, 10-9-12)
Cross Reference─As to sewer rates, see §720.040 of this Code.
SECTION 705.030: WATER AND SEWER CHARGES INCURRED BY OCCUPANT,
IMPUTED TO OWNER
A. All water and sewer services provided to an occupant who is not the owner of the property, with respect to property located within the City limits, are deemed furnished to both the occupant and the owner of the property.
B. Charges for user services, connection fees and other charges all relating to water and sewer services, rendered for an occupant and becoming delinquent after notice is mailed pursuant to Subsection (E)
§ 705.030 La Plata City Code § 705.050
below, may be collected from either the owner or the occupant, provided however, that such notice shall not be required for the City to collect from the occupant.
C. Unpaid amounts that may be collected from either the owner or the occupant shall become a lien upon the land to which the charges apply upon filing with the Recorder of Deeds of Macon County, a notice of delinquency. The lien may be enforced by suit or foreclosure.
D. Upon payment in full of the amounts set forth in the notice of delinquency, the City Collector shall file with the Recorder of Deeds of Macon County a similar notice releasing the lien on the land.
E. Where water and sewer services are provided to one who is not the owner of the property, the owner shall be sent a copy of this Section at his/her last known address. (Ord. No. 552 §1, 8-13-85)
ARTICLE III. ELECTRIC
SECTION 705.040: ELECTRICAL RATES
The monthly rates to be charged residential and commercial users shall be as follows:
Units Per Unit Per 1,000
First 30 kwh $8.30 Minimum charge
Next 50 kwh 0.15972
Next 220 kwh 0.11979
Next 700 kwh 0.09317
Next and up kwh 0.07986
(Ord. No. 624 §2, 9-11-90; Ord. No. 746 §§1─2, 9-12-00; Ord. No. 887 §1, 9-14-04; Ord. No. 04-921 §1, 2-14-06)
SECTION 705.050: ELECTRIC CHARGES INCURRED BY OCCUPANT, IMPUTED TO OWNER
A. All electric services provided to an occupant who is not the owner of the property, with respect to property located within the City limits, are deemed furnished to both the occupant and the owner of the property.
B. Charges for user services, connection fees and other charges all relating to electric services, rendered for an occupant and becoming delinquent after notice is mailed pursuant to Subsection (C) below, may be collected from either the owner or the occupant, provided however, that such notice shall not be required for the City to collect from the occupant.
C. Where electric services are provided to one who is not the owner of the property, the owner shall be sent a copy of this Section at his/her last known address. (Ord. No. 553 §1, 8-13-85)
CHAPTER 710: WATER REGULATIONS
Cross References─As to water and sewer rates, see ch. 705; as to user charge system, see ch. 720.
ARTICLE I. IN GENERAL
SECTION 710.010: METERS─OWNERSHIP
Effective January 1, 1980, all water meters in service will become the property of the City of La Plata, Missouri. At the request of any water customer, the City will replace a privately owned meter, prior to January 1, 1980, upon proper documentation. (CC 1984 §112.010)
SECTION 710.020: METERS─REMOTE
All meters installed to a location normally inaccessible to meter readers will be of a remote reading type. All new customers desiring a remote reading meter will be billed for the difference in cost between a standard meter and the remote reading meter. The City will retain sole ownership to all new water meters. The City may replace any existing meter with a remote type without charge to the customer. All customers will provide access to all water meters for reading, inspection, maintenance, repair or replacement during normal working hours, or at any other mutually agreed time. (CC 1984 §112.020)
SECTION 710.030: METERS─CONNECTION FEE
For all new services there will be a connection fee of thirty dollars ($30.00). For the connection fee, the City will make the tap at the water main and inspect the line to the point of service. The person requesting service will be responsible for all excavations, pipe or tubing, meter pit or vault with lid and the meter setter or yoke. The minimum depth for all new and/or replacement water lines shall be forty-two (42) inches deep or more. All new and/or replacement water lines and water line fittings shall be seamless copper or PVC SCH. 40 of the correct size. All fittings within the water meter pit shall be brass or copper. (CC 1984 §112.030; Ord. No. 835 §1, 10-22-02)
SECTION 710.040: METERS─DEPOSIT
Every person requesting a new water service shall post a one hundred dollar ($100.00) deposit whenever an excavation in the traveled roadway of a street or other public right-of-way is required. The deposit will be used to insure repair and replacement of the traveled roadway to a satisfactory condition upon closing the excavation. The cost of any post closing maintenance required shall be subtracted from the deposit and the balance refunded after one (1) year. (CC 1984 §112.040)
SECTION 710.050: METERS─INSTALLATION
For normal pit meter installations, the City will be responsible for leaks through the meter and the customer responsible for leaks beyond the meter. In the case of remote meter locations a shut-off should be provided adjacent to the property line with the City responsible for leaks through this
§ 710.050 La Plata City Code § 710.100
shut-off and the customer responsible for all leaks, except with the meter, beyond the shut-off. In the case where no shut-off is provided for a remote meter installation, the customer will be responsible for all leaks from the tap at the water main. (CC 1984 §112.050)
SECTION 710.060: LEAK ADJUSTMENT
Nothing in this Chapter shall be construed as limiting a customer's right to apply for the leak adjustment provided hereinbefore. (CC 1984 §112.060)
SECTION 710.070: FEES AND CONNECTIONS
All water connections and fees shall be in accordance with the provisions of this Chapter except that if there is a street or traveled roadway over the service connection in a subdivision which has not been accepted for City maintenance, no excavation deposit will be required. (CC 1984 §112.070)
SECTION 710.080: TAMPERING
A. No unauthorized person shall tamper, alter, destroy, damage, remove, or otherwise change or cause to be changed, any valve, hydrant, meter, storage or distribution system of the City of La Plata.
B. Penalty. Any person found guilty of an act prohibited by Subsection (A) shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.
(CC 1984 §§112.080─112.090)
SECTION 710.090: CONNECTION FOR BUILDING PURPOSES
When a connection is made to supply water for building purposes the service pipe shall be carried at the expense of the party building to the inside of the curbstone line where a proper curb stop shall be placed with a pipe leading to the surface, the faucet of which shall be kept secured and locked when not in use. When the building is completed the faucet and pipe shall be taken up and the water shut off at the curb stop. (CC 1984 §112.110)
SECTION 710.100: DUTY OF PLUMBERS CONCERNING CONNECTION PERMITS
Whenever extensions are desired or new connections are to be made in place of old ones to the City water supply, permits must be obtained in the usual manner. It shall be the duty of all plumbers to make return in writing to the office of the Mayor before the water will be turned on, of all connections made by them, giving a description of the premises, location of the corporation cock, length of service pipe, number of feet from the northerly or easterly line of the lot or premises to the place where the tap in the main is located, together with the names of the occupants and the owner of the premises, and it shall be the duty of all plumbers to produce a special permit before making any change in connections that have been made with the water mains. (CC 1984 §112.120)
§ 710.110 Water Regulations § 710.160
SECTION 710.110: TURN ON REQUIRES ORDER OF MAYOR
No consumer or other person whose water service shall have been turned off for any reason shall turn on the water or reopen the service, or permit the same to be done by any person, except by order of the Mayor. (CC 1984 §112.130)
SECTION 710.120: SPECIAL PERMIT REQUIRED FOR USE OF PUBLIC HYDRANTS, HOSES, PIPES, ETC.
No person shall take water for private use from any public hydrant, plug, draw cock, hose, pipe or fountain furnished for fire purposes or other public use, without the consent of the Mayor, and a special permit therefor having been paid for and received therefor. The Mayor shall determine the charge for said permit, which shall be his/her estimate as to the cost of any water used and extraordinary expenses incurred by the City in providing supervisory personnel or other extraordinary service. (CC 1984 §112.140)
SECTION 710.130: INTERFERENCE WITH WATERWORKS PROHIBITED
No person shall hitch any horse or mule to any fire hydrant, or open fire hydrant, or remove or obstruct the stopcock cover of any fire hydrant, or paint, mark or deface any fire hydrant or any public or private stopcock, or place or deposit any dirt or other material in any such stopcock boxes or in any meter box, or turn any public or private stopcock, or commit any act tending to obstruct the use thereof, or in any manner tamper with or injure any building, meter box, valve box, valve, engine, motor, pump or other machinery, pipe, hose, tools, fixtures or apparatus of the waterworks. (CC 1984 §112.150)
SECTION 710.140: CONTAMINATION PROHIBITED
No person shall bathe in any reservoir belonging to the waterworks of the City or place anything whatever in any reservoir, well, aerator, filter or any opening of any kind in any pipe or hydrant belonging to the waterworks of the City or perform any other act which might contaminate the water. (CC 1984 §112.160)
SECTION 710.150: RESERVED
Editor's Note─Ord. no. 06-930 §1, adopted November 15, 2006, repealed section 710.150 "leak adjustment" in its entirety. Former section 710.150 derived from CC 1984 §112.170. At the editor's discretion, this section has been reserved for the city's future use.
ARTICLE II. LEAD BAN POLICY
SECTION 710.160: LEAD BAN─GENERAL POLICY
A. Purpose. The purpose of this Article is:
§ 710.160 La Plata City Code § 710.170
1. To ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and
2. To protect City residents from lead contamination in the City's public drinking water system and their own private plumbing systems.
B. Application. This Article shall apply to all premises served by the public drinking water system of the City of La Plata, Missouri.
C. Policy.
1. This Article will be reasonably interpreted by the water purveyor. It is the purveyor's intent to ban the use of lead-based material in the construction or modification of the City's drinking water system or private plumbing connected to the City system. The cooperation of all consumers is required to implement the lead ban.
2. If, in the judgment of the water purveyor or his/her authorized representative, lead-based materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead-based materials removed from the plumbing system and replaced with lead-free materials. If the lead-based materials are not removed from the plumbing system, the water purveyor shall have the right to discontinue water service to the premises. (Ord. No. 694 §I, 4-8-97)
SECTION 710.170: DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this Article:
CONSUMER: The owner or person in control of any premises supplied by or in any manner connected to a public water system.
LEAD-BASED MATERIALS: Any material containing lead in excess of the quantities specified in the definition of "lead-free" of this Section.
§ 710.170 Water Regulations § 710.190
LEAD-FREE:
1. When used with respect to solder and flux, refers to solders and flux containing not more than two-tenths of one percent (0.2%) lead; and
2. When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than eight percent (8%) lead.
PUBLIC DRINKING WATER SYSTEM: Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.
WATER PURVEYOR: The owner, operator, or individual in responsible charge of a public water system. (Ord. No. 694 §II, 4-8-97)
SECTION 710.180: LEAD BANNED FROM DRINKING WATER PLUMBING
A. No water service connection shall be installed or maintained to any premises where lead-based materials were used in new construction or modifications of the drinking water plumbing after January 1, 1989.
B. If a premises is found to be in violation of Subsection (A), water service shall be discontinued until such time that the drinking water plumbing is lead-free. (Ord. No. 694 §III, 4-8-97)
ARTICLE III. WATER CONSERVATION PLAN
SECTION 710.190: WATER CONSERVATION PLAN
A. The plan would become effective upon a finding by the management of the Water Department that a probable water shortage problem exists. When it can be anticipated that there is a distinct possibility of a water distribution shortfall, the following plan will be implemented until it can be determined that the emergency no longer exists. Depending on the expected severity of the problem it is possible that Stages Two or Three might be implemented immediately. Requests for public cooperation would be made through the news media. This Article will affect only those citizens and commercial entities who receive water service from the disaster Water Department.
B. Stage One (Voluntary). Request voluntary conservation efforts and compliance with the following restrictions:
1. No washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, no pumping of fountain recirculating water.
2. No refilling of swimming pools with water furnished by the City.
3. No washing of cars, other motor vehicles, trailers, or boats.
4. No water used for dust control.
§ 710.190 La Plata City Code § 710.190
5. No flushing of mains by Water Department personnel except to alleviate specific customer complaints.
6. Commercial and industrial users will be requested to conserve water as much as possible.
If after the initiation of Stage One, weather conditions, expected trends in demand, or other factors indicate that the threat of water shortage will continue, the additional provisions of Stage Two will be implemented.
C. Stage Two (Voluntary). Stage One restrictions would remain in effect plus the following restrictions would also be requested:
1. No use of water from a fire hydrant except for fighting fire, human consumption, or use in connection with animals.
2. Watering of any lawn, garden, landscaped area, tree, shrub, or other plant shall be prohibited, except from a hand-held hose or container, or drip irrigation system. Such watering shall be permitted only at times designated by the management of the City Water Department.
3. Commercial and industrial users would be requested to reduce their water consumption by thirty percent (30%).
If, after the initiation of Stage Two, weather conditions, expected trends in demand, or other factors indicate that the threat of a water shortage will continue or worsen, or if a serious problem or system emergency should develop, the mandatory measures of Stage Three would be implemented.
D. Stage Three (Mandatory).
1. No washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, no pumping of fountain recirculating water.
2. No refilling of swimming pools with water furnished by the City.
3. No use of water for recreational uses such as water slides or yard play.
4. No washing of cars, other motor vehicles, trailers, or boats except from a bucket.
5. No water to be used for dust control.
6. No flushing of mains by Water Department personnel except to alleviate specific customer complaints.
7. No use of water from a fire hydrant except for fighting fires, human consumption, or use in connection with animals.
8. Watering of any lawn, garden, landscaped area, tree, shrub, or other plant shall be prohibited.
Depending upon the severity of the problem, the plan could revert back to Stage One or Two or be cancelled as conditions improve.
§ 710.190 Water Regulations § 710.200
E. Notification Provision.
1. With respect to the mandatory provisions of this plan, a customer shall be deemed to have been notified and directed to reduce the use of water as set forth in the plan when the Mayor of the City of La Plata or his/her designated representative files such notice through the news media, except nothing contained herein shall be deemed to prohibit other means to notify persons of the need to reduce use of water in accordance with the plan.
2. Upon the Mayor taking steps to notify customers as set forth above, a customer shall be presumed to have notice and shall take steps to comply with the plan, except a customer may rebut such presumption by showing that the customer did not, in fact, have notice of the directions to comply with the provisions of this plan.
F. Compliance With The Plan.
1. All persons who receive City water service shall be entitled to receive such water service only upon strict compliance with provisions of the plan.
2. It shall be unlawful for any person to violate the mandatory provisions of the plan when such person is directed to reduce or curtail their use of water as set forth in Stage Three of the plan. A direction to reduce or curtail use of water shall be presumed when notice is given as set forth in the plan.
G. Penalties. Any person, who shall violate any of the mandatory provisions of the plan pertaining to discontinuance, interruption, curtailment of water service, shall be subject to the penalties up to five hundred dollars ($500.00) on the first (1st) offense and disconnection of service on the second (2nd) offense. (Ord. No. 595 §§I─IV, 9-13-88)
ARTICLE IV. CROSS-CONNECTION CONTROL
SECTION 710.200: DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this Article:
AIR-GAP SEPARATION: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one (1) inch.
AUXILIARY WATER SUPPLY: Any water source or system, other than the public water supply, that may be available in the building or premises.
BACKFLOW: The flow other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.
BACKFLOW PREVENTION DEVICE: Any device, method, or type of construction intended to prevent backflow into a potable water system.
§ 710.200 La Plata City Code § 710.200
CONSUMER: The owner or person in control of any premises supplied by or in any manner connected to a public water system.
CONTAINMENT: Protection of the public water supply by installing a cross-connection control device or air-gap separation on the main service line to a facility.
CONTAMINATION: An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.
CROSS-CONNECTION: Any physical link, between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
HAZARD, DEGREE OF: An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
1. Hazard, health: Any condition, device, or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.
2. Hazard, plumbing: A plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
3. Hazard, pollutional: An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
4. Hazard, system: An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
INDUSTRIAL PROCESS SYSTEM: Any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.
ISOLATION: Protection of a facility service line by installing a cross-connection control device or air-gap separation on an individual fixture, appurtenance, or system.
POLLUTION: The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.
PUBLIC POTABLE WATER SYSTEM: Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.
§ 710.200 Water Regulations § 710.230
SERVICE CONNECTION: The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the "service connection" means the downstream end of the meter.
WATER PURVEYOR: The owner, operator, or individual in responsible charge of a public water system. (CC 1984 §113.010)
SECTION 710.210: CROSS-CONNECTIONS PROHIBITED
A. No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public potable or consumer's water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the water purveyor, and as required by the laws and regulations of the Missouri Department of Natural Resources.
B. No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the water purveyor and the Missouri Department of Natural Resources.
C. No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the water purveyor as necessary for the protection of health and safety.
(CC 1984 §113.020)
SECTION 710.220: SURVEY AND INVESTIGATIONS
A. The consumer's premises shall be open at all reasonable times to the water purveyor, or his/her authorized representative, for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water system.
B. On request by the water purveyor or his/her authorized representative, the consumer shall furnish information on water use practices within his/her premises.
C. It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his/her premises to determine whether there are actual or potential cross-connections to his/her water system through which contaminants or pollutants could backflow into his/her or the public potable water system. (CC 1984 §113.030)
SECTION 710.230: TYPE OF PROTECTION REQUIRED
The type of protection required by this Article shall depend on the degree of hazard which exists, as follows:
1. An approved air-gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
§ 710.230 La Plata City Code § 710.240
2. An approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a system or health hazard.
3. An approved air-gap separation or an approved reduced pressure principle backflow prevention device or an approved double-check valve assembly shall be installed where the public potable water system may be polluted with substances that could cause a pollutional hazard not dangerous to health. (CC 1984 §113.040)
SECTION 710.240: WHERE PROTECTION IS REQUIRED
A. An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the water purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.
B. An approved air-gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the water purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow prevention device is required to be installed. This includes but is not limited to the following situations:
1. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the water purveyor and the Missouri Department of Natural Resources.
2. Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
3. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.
4. Premises having a repeated history of cross-connections being established or reestablished.
5. Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
6. Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
7. Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage or backpressure should occur, a serious health hazard may result.
C. The following types of facilities fall into one (1) or more of the categories of premises where an approved air-gap separation or reduced pressure principle backflow prevention device is required by the water purveyor and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the water purveyor and the Missouri Department of Natural Resources.
§ 710.240 Water Regulations § 710.240
1. Aircraft and missile plants.
2. Automotive plants.
3. Auxiliary water systems.
4. Beverage bottling plants.
5. Breweries.
6. Building complexes.
7. Canneries, packing houses and reduction plants.
8. Car washing facilities.
9. Chemical manufacturing, processing, compounding or treatment plants.
10. Chemically contaminated water systems.
11. Civil works.
12. Dairies and cold storage plants.
13. Film laboratories.
14. Fire protection systems.
15. Hazardous waste storage and disposal sites.
16. Hospitals, mortuaries, clinics.
17. Irrigation and sprinkler systems.
18. Laundries and dye works.
19. Metal manufacturing, cleaning, processing and fabricating plants.
20. Oil and gas production, storage or transmission properties.
21. Paper and paper products plants.
22. Plating plants.
23. Power plants.
24. Printing and publishing facilities.
25. Radioactive material processing plants or nuclear reactors.
26. Rubber plants─natural and synthetic.
§ 710.240 La Plata City Code § 710.270
27. Sand and gravel plants.
28. Schools and colleges.
29. Sewage and storm drainage facilities─pumping stations.
30. Waterfront facilities and industries.
31. Zoological and horticultural gardens. (CC 1984 §113.050)
SECTION 710.250: BACKFLOW PREVENTION DEVICES
A. Any backflow prevention device required by this Article shall be of a model or construction approved by the water purveyor and the Missouri Department of Natural Resources.
1. Air-gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the rim of the vessel, but in no case less than one (1) inch.
2. A double-check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the water purveyor, and shall appear on the current "list of approved backflow prevention devices" established by the Missouri Department of Natural Resources.
B. Existing backflow prevention devices approved by the water purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this Article so long as the water purveyor is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the water purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Article. (CC 1984 §113.060)
SECTION 710.260: INSTALLATION
A. Backflow prevention devices required by this Article shall be installed and in a manner approved by the water purveyor and shall be installed at the expense of the water consumer.
B.