Title 13

PUBLIC SERVICES

Chapters

13-04 Water System

13-08 Sewer System

Chapter 13.04

WATER SYSTEM

Sections:

13.04.010 Construction costs.

13.04.020 Connection fees.

13.04.030 Rates and charges.

13.04.040 Meter--Required.

13.04.050 Meter--Installation costs.

13.04.060 Meter--Deposit.

13.04.070 Meter--Removal.

13.04.080 Rental property requirements.

13.04.090 Seasonal rules.

13.04.100 Delinquent charges.

13.04.110 Restoration of service--Charges.

13.04.120 Minimum service or availability fee.

13.04.130 Pollution of Water Supply

13.04.140 Definitions

13.04.150 Permits

13.04.160 Public Nuisance

13.04.170 Revocation

13.04.180 Backflow Prevention

13.04.190 Drilling of New Wells Prohibited

13.04.010 Construction costs. The entire costs of construction and laying any water pipes to the water mains within the town shall be paid by the property owners. In the event that a request for water services to any person’s property necessitates the extension of water main service, such costs of construction shall be borne by the requesting party. (Prior code Section 4-5-01)

13.04.11 Responsibility for Maintenance and Repairs. As designated in the Town of Hot Springs Official Zoning Map, with regard to Residential Districts A and B and the Commercial District, it shall be the responsibility of the Town to repair, and replace any failed existing service or meter from the mainline to the connection of the service line to the meter. It shall be the responsibility of the property owner to construct, reconstruct and replace any failed existing service line from the meter to the service for the property. With regard to the Central Business District, designated in the Town of Hot Springs Official ZoningMap,

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it shall be the responsibility of the Town to repair, reconstruct and replace any failed existing service or meter from the mainline to the connection of the service line to the curb stop. It shall be the responsibility of the property owner to construct, reconstruct, repair and replace any service line from the curb stop to the service for the property. (Prior code section 13.04.011, Amended January 04)

13.04.020 Connection fees. The owner or owners of property requiring a connection to the water mains of the town shall pay a water main connection fee as set forth in the table of fees in the appendix to this code. (Prior code Section 4-5-02) In addition to the connection fee the property owner will also pay for all parts, supplies, and labor costs incurred to complete the connection.

13.04.030 Rates and charges. Every user of the town water system shall apply for the use of water according to the water rates and charges schedule set forth in the table of fees in the appendix to this code. Such rates and charges shall be charged on the basis of the service line needed and used. Service lines are sized in accordance with the following table of capacity units. A “capacity unit” is determined by the water meter size, the water line size or by the number of family units. Determination of individual capacity units shall be in the discretion of the Town Council or its designated representative. (12-06-02)

13.04.31 All water rates, charges and classifications shall be established and changed under the procedure prescribed and outlined in Montana Code Annotated Title 69, Chapter 7, Part 1. The Council’s decision pursuant to Montana Code Annotated Section 69-7-112 shall be in writing and in the form of a city resolution. Provided, that said resolution shall not have an effective date until 10 days after the date of adoption. All other fees and charges imposed by the town within the utilities service areas shall be set by the Town Council by resolution.

13.04.040 Meter--Required.

A. All water use shall be metered.

B. All water users, if any, outside the limits of the town shall have metered water lines. No new hookups to water service shall be made outside the town limits.

C. Each residence or business shall be separately and independently connected to the water main.

13.04.050 Meter--Installation costs.

A. Installation of all water meters shall be at the town's expense.

B. Meters in excess of an inch intake size shall be furnished by the user. Smaller meters shall be furnished by the town.

C. Meters damaged by negligence of the user shall be replaced by the user. (Prior code Section 4-5-12)

13.04.060 Meter--Deposit.

A. If a metered user does not own the real property on which the meter is located, he shall place on deposit with the water department, for each meter,

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the sum of money designated in the table of fees in the appendix to this code as the meter deposit. This deposit money shall be kept in a fund separate from all other funds of the town.

B. If such a user terminates his use of the water, the deposit shall be refunded to him after all outstanding charges for water and sewer services are paid. (Prior code Section 4-5-13)

13.04.070 Meter--Removal. After a meter has been installed on the water line of a residential user, the owner shall not remove the meter or be returned to a flat rate charge without the permission of the town council. (Prior code Section 4-5-14)

13.04.080 Rental property requirements. Landlords shall be responsible for the water charges assessed against property owned by them. When no tenant is in possession, landlords may request that the water department terminate water service to that property. (Prior code Section 4-5-21)

13.04.090 Seasonal rules. The town council shall make such rules as they deem necessary for controlling the seasonal use of water. All water users shall be notified of these rules. Users violating these rules shall be given notice by the water department. Should violation be repeated or continued, the user may be fined not less than five dollars nor more than ten dollars. (Prior code Section 4-5-22)

13.04.100 Delinquent charges.

A. On a monthly basis, the clerk shall prepare a statement of charges assessed against each user for the previous month according to the user's water use and the table of fees in the appendix to this code. The clerk shall mail said statement of charges to the user at the address provided to the clerk of the user.

B. Payment for the charges named therein shall be due in the office of the town clerk ten days from the issuance date of the statement.

C. Charges shall be delinquent if not paid on or before the due date, and a delinquency which continues fifteen days or more shall result in termination of water service unless arrangements acceptable to the town have been made. Once terminated, the water service shall not be restored until the user's account is paid in full, including both current and delinquent charges, or until arrangements acceptable to the town have been made. The town shall have the sole discretion to decide what arrangements, if any, are acceptable. The water department may also exact an additional charge for disconnecting and reconnecting the water supply. A late fee shall be assessed against all persons paying their water fee after the 15^th day of each month. (See Appendix Table of Fees for late fee and reconnect fees.) The Town of Hot Springs will accept no responsibility for any damage to property in the event service is discontinued.

D. The town shall have an action at law for the collection of delinquent charges, and may also recover reasonable collection costs and attorney's fees. (Ord. 1990-4 Section 1, 1990; prior code Section 4-5-31) 13-3

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13.04.110 Restoration of service--Charges. Whenever water service is terminated to a user by request, or by order of the water department, the charge for restoration of service set forth in the table of fees in the appendix to this code shall be paid by the user before service is restored. (Prior code Section 4-5-32)

13.04.120 Minimum service or availability fee. A minimum service fee or availability fee is established upon all properties serviceable by the water systems in the amount set forth in the Table of Fees. The described assessment shall not apply to services that are currently in use and is not to be considered a charge to the current rates for monthly usage. The minimum base rate shall be charged on all properties currently served by water and shut off at the owner's request and to properties where a service line has been tapped onto the Town's mainline but is not in use. (Ord. 91-02; 1-4-90)

13.04.130 Pollution of Water Supply

No offensive or unwholesome establishment may exist within the corporate limits of the Town of Hot Springs or within three miles thereof except upon application made to and permission received in advance from the Town Council. Neither pollution nor potentially polluting material may exist within the corporate limits of the Town or within three miles thereof except upon application made to and permission received in advance from the Town Council.

13.04.140 Definitions

A. "Offensive and unwholesome establishment" shall mean any business, entity, organization or individual or location which manufactures, possesses, disposes, transports, handles, deals with, stores, sells, or allows the presence of pollution under circumstances which pollute or threaten to pollute the ground water supply of the Town.

B. "Pollution" is defined by Section 75-5-103, MCA.

C. "Potentially polluting material" means any substance that would result in pollution of the Town's groundwater supply if allowed to enter the supply in sufficient quantities. The term includes but is not limited to the following:

1. sewage effluent, petroleum products, pesticides and fertilizers, Section 75-10-403, MCA;

2. hazardous substances as defined by Section 75-10-602, MCA;

3. hazardous or deleterious substances as defined by

Section 75-10-701, MCA;

4. regulated substances as defined by Section 75-10-403, MCA;

5. halogenated solvents as defined by Section 75-10-451, MCA;

6. hazardous chemicals as defined by Section 50-78-102, MCA;

7. contaminants identified by the U.S. Environmental Protection Agency pursuant to the federal Safe Drinking Water Act (42 USC 300f et.seq.); and

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8. pollution as defined above.

13.04.150 Permits

No construction of new water lines, relocation or repair of any existing water lines connected to the main shall be done without a permit issued by the Town. Applications for permits shall be made on a form supplied by the Town Clerk. A fee for new construction as set in the Appendix Table of Fees shall be paid prior to the issuance of said permit

No permit shall be issued except in conformity with all State and Federal statutes and regulations and upon conditions imposed by the water department to preserve the integrity of the Town's ground water source and water system.

Application for a permit and acceptance of a permit shall be consideration for and agreement by the applicant and holder that the water departmentl or its representative may inspect the premises of the applicant or the permittee at any time.

13.04.160 Public Nuisance

The existence of pollution or potentially polluting materials within the limits of the Town or within three miles thereof without a permit issued by the Town Council under this ordinance is hereby declared a public nuisance and may be enjoined, abated or punished as a criminal offense in accordance with the Codes of the Town of Hot Springs.

13.04.170 Revocation

The Town may revoke any permit previously issued for good cause following notice and an opportunity to be heard. A permit shall be revoked for failure to adhere to conditions required, upon conviction of the permittee of maintaining a public nuisance, or after relief granted in favor of the Town to abate a public nuisance.

13.04.180

Section One. The Town Council hereby amends the Hot Springs Municipal Code by

adding a new chapter, Chapter 13.04.180, to be entitled Control of Back Flow and Cross Connections. Said Amendment is attached hereto as Exhibit A and is incorporated herein by reference. Said Amendment shall be codified consistent with the Town of Hot Springs Municipal Code.

Section Two. Inconsistent Provisions. All ordinances or parts of ordinances in

conflict herewith are hereby repealed.

Section Three. Severability. The provisions of this Amendment are severable. If any provision of this Amendment is held invalid, such invalidity shall not affect other provisions ore applications of this Amendment which can be given effect without the invalid provision.

Section Four. Effective Date. This Amendment shall become effective thirty (30)

days after its final passage and approval by the Town Council of Hot Springs, Montana.

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EXHIBIT A

Amendment NO. 13.04.180

AN AMENDMENT FOR THE CONTROL OF BACK FLOW AND CROSS CONNECTIONS

SECTION 1. CROSS-CONNECTIONS GENERAL POLICY

PURPOSE OF Amendment:

1.1.1_ To protect the safe drinking water supply of the Town of Hot Springs from the possibility of contamination or pollution by requiring compliance with state and local plumbing codes, health regulations, OSHA, and other applicable industry standards for water system safety within the consumers’ internal distribution system(s) or private water system(s); and,

1.1.2 To promote reasonable elimination or control of cross connections in plumbing fixtures and industrial piping system(s) of the consumer, as required by state and local plumbing codes, health regulations, OSHA and other applicable industry standards to assure water system safety; and,

1.1.3 To provide for the administration of a continuing program of back flow prevention which will systematically and effectively prevent the contamination or pollution of all drinking water systems.

1.2 RESPONSIBILITY:

1.2.1 The Town of Hot Springs Water Department shall be responsible for the protection of the drinking water distribution system from foreseeable conditions leading to the possible contamination or pollution of the drinking water system due to backflow of contaminants or pollutants into the drinking water supply.

1.2.2 Drinking water surveys/inspections of the consumers’ water distribution system(s) shall be conducted or caused to be conducted by individuals deemed qualified by and representing the Town of Hot Springs Water Department. These surveys will be conducted on a priority basis, generally beginning with those identified as having the highest degree of hazard as outlined in Section 5 of the University of Southern California Foundation for Cross Connection Control and Hydraulic Research Manual of Cross-Connection Control, 9^th Edition. Survey records shall indicate compliance with the aforementioned health and safety standards. All such records shall be maintained by the Town of Hot Springs Water Department.

1.2.3 The Town of Hot Springs Water Department shall notify, in writing, all consumers of the need for the periodic system survey to ensure compliance with existing applicable minimum health and safety standards.

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1.2.4 Selection of an approved backflow prevention assembly for containment control required at the service entrance shall be determined from the results of the system survey.

1.3 CONSUMER’S RESPONSIBILITY:

1.3.1 It shall be the responsibility of the consumer to comply with this Amendment, which compliance shall be a condition of the continued supply of water to the consumer. The consumer’s acceptance of water service shall be deemed an acceptance of the conditions and obligations of this Amendment.

1.3.2 It shall be the responsibility of the consumer to purchase, install, test, and maintain the backflow prevention device/assembly required to comply with this Amendment. During scheduled meter changeouts on residential accounts, dual check devices will be installed by Town personnel at no additional cost to the consumer.

1.4 PUBLIC WORKS’ RESPONSIBILITY:

1.4.1 The Public Works’ responsibility to enforce the applicable sections of the plumbing code begins at the point of service (downstream or consumer side of the meter) and continues throughout the developed length of the consumer’s water system.

1.4.2 The Public Works will review all plans to ensure that unprotected cross connections are not an integral part of the consumer’s water system. If a cross connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow protection device/assembly, in accordance with the Uniform Plumbing Code.

1.4.3 Water vacating the drinking water supply must do so via an approved air gap or approved mechanical prevention assembly, properly installed in accordance with the Uniform Plumbing Code.

1.5 CERTIFIED BACKFLOW ASSEMBLY TECHNICIANS, SURVEYORS, OR REPAIR PERSONS RESPONSIBILITIES:

1.5.1. Whether employed by the consumer or a utility to survey, test, repair, or maintain backflow prevention assemblies, the Certified Backflow Technicians, Surveyors, or Repair Persons will have the following responsibilities:

Insuring acceptable testing equipment and procedures are used for testing, repairing, or overhauling backflow prevention assemblies.

Making reports of such testing and/or repair to the consumer, water purveyor, on forms approved for such use by the Town of Hot Springs, and within the time frames prescribed by the Town of Hot Springs. The report shall include the list of materials or replacement parts used.

Insuring replacement parts are equal in quality to parts originally supplied by the manufacturer of the assembly being repaired.

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Not changing the design, material or operational characteristics of the assembly during testing, repair or maintenance.

A Certified Backflow Prevention Assembly Tester shall perform all tests of the mechanical devices/assemblies and be responsible for the competence and accuracy of all tests and reports

Insuring his or her license is current, the testing equipment being used is acceptable to the Town of Hot Springs, and is in proper operating condition.

Being equipped with, and be competent to use, all necessary tools, gauges, and other equipment necessary to properly test, and maintain backflow prevention assemblies.

The Certified Backflow Prevention Assembly Tester conducting the test must tag each double check valve, pressure vacuum breaker, reduced pressure backflow assembly and high hazard air gap, showing the serial number, date tested and by whom. The technician’s license number must also be on this tag.

1.5.2 In the case of a consumer requiring a commercially available technician, a Certified Backflow Prevention Assembly Tester is authorized to make the test and report the results of that test to the consumer and water purveyor. If such a commercially tested assembly is in need of repair, a Certified Backflow Prevention Assembly Repair Person, or licensed plumber shall make the actual repair.

SECTION 2. DEFINITIONS

2.1 Water Purveyor. The person designated to be in charge of the Water Department for the Town of Hot Springs. This person is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of this Amendment.

2.2 Approved Backflow Assembly: An apparatus that consists of a backflow prevention device, two shutoff valves and appropriate test ports and is accepted by the Montana Department of Environmental Quality, Public Water Supply, Section A.R.M. 17.38.301

2.3 Auxiliary Water Supply: Any water supply on or available to the premises other than the purveyor’s public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural sources such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have the authority for sanitary control.

2.4 Backflow: The reversal of normal flow of water caused by either back pressure or back-siphonage.

2.5 Backflow Prevention Device: A non-testable apparatus designed to prevent backflow.

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2.6 Back-Pressure: The flow of water or other liquids, mixtures, or substances under pressure into the feeding distribution pipes of a potable water supply from any source(s) other than the intended source.

2.7 Back-Siphonage: The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water supply system from any source(s) other than the intended source, caused by the reduction of pressure in the potable water supply system.

2.8 Backflow Prevention Assembly: An assembly or means designed to prevent

backflow. Specifications for backflow prevention assemblies are contained within the Uniform Plumbing Code, MCA 75-6-103(2)(K), and A.R.M. Title 17, Chapter 38, Water Quality Subchapter 3.

2.9 Certified Backflow Prevention Assembly Tester: The term Certified Backflow

Prevention Assembly Tester means a person who holds a certificate from any state certification program authorizing the person to test backflow prevention assemblies or who holds a current certificate from the American Society of Sanitary Engineers, American Backflow Prevention Association, Foundation for Cross Connection Control and Hydraulic Research, or the American Water Works Association.

2.10 Certified Backflow Prevention Assembly Repair Person:

The term Certified backflow Prevention Assembly Repair Person means a person who holds a current certificate from any state certification program authorizing the person to repair backflow prevention assemblies or who holds a current certificate from the American Society of Sanitary Engineers, American Backflow Prevention Association, Foundation for Cross Connection Control and Hydraulic Research, or the American Water Works Association.

2.11 Contamination: A degradation of the quality of the potable water supply by sewage,

industrial fluids, or waste fluids, compounds, or other materials.

2.12 Cross Connection:Pursuant to MCA 75-6-102(5) a cross connection means a connection between a public water supply system and another water supply system, either private or public, or wastewater or sewer line or other potential source of contamination so that a flow of water into or contamination of the public water supply system from the other source of water or contamination is possible.

2.13 Cross Connection Controlled: A connection between a potable water

system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford protection commensurate with the degree of hazard.

2.14 Cross Connection Containment: The installation of an approved backflow assembly at the water service connection to any customer’s premises where it is physically and 13-9

economically infeasible to find and permanently eliminate or control all actual or potential cross connections within the customer’s water system; or, it shall mean the installation of an approved backflow prevention assembly on the service line leading

to, and supplying, a portion of a customer’s water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of the cross connection (isolation).

SECTION 3. REQUIREMENTS

3.1 Policy:

3.1.1 No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by State laws, regulations, codes, and this ordinance. Service of water to a consumer found to be in violation of this amendments shall be discontinued by the water purveyor after written notification of violation and a reasonable time interval for voluntary compliance, if:

1. A backflow prevention assembly required by this Amendment for control of backflow cross connections is not installed, tested and maintained, or

2. It is found that a backflow prevention assembly has been removed or by-passed, or

3. If an unprotected cross connection exists on the premises, or

4. If the periodic system survey has not been conducted.

Service will not be restored until such conditions or defects are corrected.

3.1.2 The customer’s system(s) shall be open for inspection at all reasonable times to authorized representatives of the water purveyor to determine whether cross connections or sanitary hazards, including violation of this Amendment, exist and to audit the results of the required survey. (See Section 1.2.2).

3.1.3 Whenever the water purveyor deems that a service connection’s water usage contributes a hazard to the water supply, an approved backflow prevention assembly shall be installed using the criteria set forth in Section 1.2 on the service line of the identified consumer’s water system, at or near the property line, or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.

3.1.4 The type of protective assembly required under subsection 3.1.3 shall depend upon the degree of hazard which exists at the point of the cross connection (whether direct or indirect), taking into account applicable local and state requirements and the required survey.

3.1.5 All presently installed backflow prevention assemblies 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, 13-10

shall, except for the inspection and maintenance requirements under 3.1.6, be excluded from the requirements of these Rules so long as the water purveyor is assured that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location, or requires more than minimum maintenance, or when the water purveyor finds that the operation or maintenance of this assembly constitutes a hazard to health, the unit shall be replaced

by an approved backflow prevention assembly meeting the local and state requirements.

3.1.6 It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified surveys/inspections, and operational tests made at least once per year at the consumer’s expense. In those instances where the water purveyor sees the hazard to be great, he may require certified surveys/inspections and tests at a more frequent interval. It shall be the duty of the water purveyor to see that these tests are made according to the standards set forth by the Montana Department of Environmental Quality.

3.1.7 All backflow prevention assemblies shall be tested within ten (10) working days of the initial installation.

3.1.8 No backflow prevention assemblies shall be installed so as to create a safety hazard. I.e. installed over an electrical panel, steam pipes, boilers, pits, or above ceiling level.

3.1.9 If violations of this amendment exist or if there has not been any corrective action taken by the consumer within ten (10) days of the written notification of deficiencies noted within the survey, and if the water purveyor determines that immediate action is necessary to protect the health and welfare of the citizens of Hot Springs, then the water purveyor shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition(s) in conformance with state statutes, city ordinances and regulations, adopted pursuant thereto. In all other cases, where a violation exists but the water purveyor does not find immediate action is necessary to protect the health and welfare of citizens of Hot Springs, the water purveyor may deny or discontinue service only after thirty (30) days written notice has been served upon the consumer.

13.04.190 Drilling of wells prohibited

13.04.190 Drilling and development of new wells

A. All drilling and development of private water wells within the Hot Springs town limits for the use and benefit of property located within the Hot Springs town limits is prohibited unless the applicant can show that the public water supply cannot be provided to the subject property.

B. All drilling and development of private water wells within the Hot Springs town limits for the use and benefit of property located outside the Hot Springs town limits is prohibited. (Adopted May 12, 2008. Effective date June 11, 2008.)

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Chapter 13.08

SEWER SYSTEM

Sections:

13.08.010 Construction requirements generally.

13.08.020 Public Sewers Required.

13.08.030 Construction permit--Required.

13.08.040 Construction permit--Application--Fee.

13.08.050 Construction permit--Denial.

13.08.060 Construction permit--Revocation grounds.

13.08.070 Connection--Installation specifications.

13.08.080 Connection--Use of existing junctions.

13.08.090 Connection--Pipe specifications.

13.08.100 Connection--Prohibited types.

13.08.110 Construction costs generally.

13.08.120 Construction--Inspection.

13.08.140 Cesspool--Location.

13.08.150 Cesspool-Discontinuance.

13.08.160 Fees and charges--Payment.

13.08.170 Fees and charges--Fund.

13.08.180 Fees and charges--Definitions.

13.08.190 Violation--Penalty.

13.08.10 Construction requirements generally. Drains for the purpose of removing sewage from premises within the town, or drains connecting to the sewer system of the town, shall be constructed and connected with the sewers only in strict compliance with the requirements of this chapter. The work shall be done only by persons who hold a valid plumber's license from the town, and who are under approved bonds for the full and faithful performance of the work. In the event that a request for sewer services to any person's property necessitates the extension of sewer main service, such costs of construction, including engineering, shall be borne by the requesting party unless otherwise agreed to by the Town Council. (Prior code Section 4-4-01) Each residence or business shall be separately and independently connected to the sewer main.

13.08.11 The entire cost of repairing or maintaining any sewer pipe to the main shall be paid by the property owner.

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13.08.20 Public Sewers Required. 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 Hot Springs, or in any area under

13.08.21 the jurisdiction of the Town, any human or animal excrement, garbage, or other objectionable waste. Service and connection to sewer services of the Town of Hot Springs shall only be made within the Town limits of Hot Springs.

13.08.021 It shall be unlawful to discharge to any natural outlet within the Town of Hot Springs, 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 ordinance.

13.08.022 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.

13.08.023 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 hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within 120 days after date of official notice to do so, provided that said public sewer is within one hundred feet of the property line.

13.08.030 Permit--Required. No construction of new sewer lines, relocating or repair of any existing sewer lines connected to the main shall be done without a permit issued by the Town. It is unlawful for any person to begin work on any public sewer or any drain within the town without first having obtained a permit in writing for the work. The permit shall be present at the job site the whole time the work is in progress, and shall be exhibited to any official of the town upon request. (Prior code Section 4-4-02)

13.08.040 Permit Application--Fee.

A. Application for the permit required in this chapter shall be made at the office of the Town Clerk. Application forms shall be available upon request. Applications shall be in writing and signed by the owner of the property to be drained or his authorized agent. A plan shall be included with the application showing the whole course of the drain to be constructed, the location of all branches to be connected to the drain, and the size of the drain and all branches.

B. At the time of application, the applicant or his agent shall pay a connection fee to the Town, for inspection and location of tile

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sewers. The connection fee is set forth in the table of fees in the appendix to this code. (Prior code Section 4-4-03, 4-4-04) In addition to the connection fee the property owner will also pay for all parts, supplies, and labor costs incurred to complete the connection.

13-08-050 Construction permit--Denial. Permits to make connection with the public sewers shall be refused when the plumbing in the building to be connected is not in substantial compliance with the plumbing code adopted by the town. (Prior code Section 4-4-05)

13.08.060 Construction permit--Revocation grounds.

A. Permits required by this chapter may be revoked by the sewer commissioner for violation of the provisions of this chapter, or for failure to carry out the work in a proper and workmanlike manner, upon notice to the holder of the permit. The notice shall set forth the reasons for revocation or annulment.

B. The permit shall not be reissued until the cause of the revocation or annulment has been removed or abated.

(Prior code Section 4-4-06)

13.08.070 Connection--Installation specifications. The drains and branches shall be neatly put together with Portland cement. After it is laid, the inside of every drain connected with a public sewer must be left smooth and perfectly clean through its entire length. The ends of all pipes not immediately used must be securely guarded against the introduction of sand or earth by plugging them with watertight and imperishable materials. (Prior code Section 4-4-13)

13.08.080 Connection--Use of existing junctions. Unless special permission is endorsed on the permit, the junction pieces, slants or wyes, which have been built into the main sewer during its construction, shall be used for connecting all drains or private sewers. In making such connections, the appropriate junction piece shall be first found before opening the trench for the rest of the work. (Prior code Section 4-4-14)

13.08.090 Connection--Pipe specifications. From the main sewer to within three feet of a building, the drainpipe will be according to I.C.C. specifications. Drainpipes shall be minimum of four inches in internal diameter. (Prior code Section 4-4-12)

13.08.100 Connection--Prohibited types. No person shall connect a drain which discharges into the public sewer with any privy vault, cesspool, exhaust from a steam engine or blow off from a steam boiler; however, the exhaust from a steam engine or blow off from a steam boiler may be vented into a receiving tank which is open to the atmosphere, and the overflow from this tank may be connected to a drainpipe after being properly trapped and the trap revented. The trap shall have a backwater valve. (Prior code Section 4-4-15)

13.08.110 Construction costs generally. The entire cost of constructing, laying, repairing or maintaining any sewer or drain within the town shall be assessed and taxed by the town council to the respective property sewer district, or special improvement district benefited thereby, or in which such work is done. (Prior code Section 4-4-31)

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13.08.120 Construction--Inspection.

A. All work done under permit required by this chapter shall be subject to inspection.

B. Any person holding a permit as described in this chapter shall give the office of the sewer commissioner at least eighteen hours' notice before beginning work under the permit. A person holding a permit shall not proceed with the work until an inspector appointed by the sewer commissioner is present, and lays out the work. Any work done without such inspection shall be treated as deficient, and may be uncovered, and if need be, reconstructed by the sewer commissioner at the expense of the person doing the work under the permit, or the person to whom the permit was granted. (Prior code Section 4-4-11)

13.08.130 Connection--Cellar water drains. Cellar water drains may not be connected to drainpipes discharging into the public sewers. (Prior code Section 4-4-16)

13.08.140 Cesspool--Location. The location and capacity of all cesspools within the town shall be approved by the sewer commissioner. (Prior code Section 4-4-22)

13.08.150 Cesspool--Discontinuance.

A. No person shall construct or use a cesspool if there is a town sewer in the drainage district in which the property is located.

B. When the town sewer is extended into the drainage district in which the property is located, every building in which plumbing arrangements are constructed shall be connected with the town sewer within one year from the time of completion and acceptance by the town of such sewer, buildings which are connected to cesspools declared to be a nuisance by the town council shall be connected immediately.

C. All cesspools, which are put out of use because of extension of the town sewer, shall be emptied and filled with fresh earth within one year from completion and acceptance by the town of the sewer extension. (Prior code Section 4-4-23)

13.08.160 Fees and charges--Payment.

A. The owner or owners of every building connected to the town sewer shall pay such service charges and fees as are set forth in the table of fees in the appendix to this code for the use of the town sewer. The fees shall be payable to the town sewer department.

B. Charges shall be delinquent if not paid on or before the due date, and a delinquency which continues fifteen days or more shall result in the water department being authorized to discontinue the water supply of that property until the user’s account is paid in full, including both current and delinquent charges, or until arrangements acceptable to the town have been made. The town shall have the sole discretion to decide what arrangements, if any, are acceptable. The water department may also exact an additional charge for disconnecting and reconnecting the water supply. A late fee shall be assessed against all persons paying their sewer fee after the 15^th day of each month. (See Appendix Table of Fees for late fee and reconnect fees.) The Town of Hot Springs will accept no responsibility for the damage in the event service is discontinued.

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C. A minimum service or availability fee is established upon all properties serviceable by the sewer system in the amount set forth in the Table of Fees. The described assessment shall not apply to services that are currently in use and is not to be considered a charge to the current rates for monthly usage. The minimum base rate shall be charged on all properties currently served by sewer service and shut off at the owner's request and to properties where a service line has been tapped onto the Town's mainline but is not in use.

13.08.170 Fees and charges--Fund. All moneys collected as service charges for use of the town sewer shall be kept and maintained by the town clerk in a separate fund to be designated as the "sewer operating fund". Such moneys shall be used for maintaining the town sewer system and disposal plant. (Prior code Section 4-4-33)

13.08.180 Fees and charges--Definitions. For purposes of determining charges for sewer service, the following definitions shall apply:

"Multi-unit building" means any school, motel, hotel, apartment house, roominghouse, hospital or any enterprise of a similar nature with four or more rooms for occupancy by guests or tenants.

"One-unit building" means any single-family residence.

"Plumbing unit" means any sink, toilet, bath or lavatory.

"Service station with washrack" means any station or garage servicing motor vehicles with facilities especially for the washing of motor vehicles.

"Single-unit building" means any residence, dwelling house, church, store or merchandising establishment, office building or any other type of structure not provided for in the other definitions within this section. (Prior code Section 4-4-34)

13.08.190 Violation--Penalty. Any person found guilty of a violation of any provision of this chapter shall be subject to the general penalty provided in this code. In addition, a fine of not less than twenty-five dollars per day may be levied against any person who continues in violation of this chapter after conviction. (Prior code Section 4-4-41)

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