HomeMy WebLinkAboutTitle 13
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Chapters:
13.04
13.08
13.12
13.16
13.20
13.21
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13.24
13.28
13.32
13.36
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Title 13
PUBLIC SERVICES
Division 1
WATER
Protection of Water Supply
Water System
Water Service Utility Operations
Water System Rules and Regulations
Irrigation Restrictions
Outdoor Water Use Restrictions
Division 2
SEWERS
Sewer Service Rules and Regulations
Sewage Disposal System
Sewer Service Outside City
Sewage Disposal Rates and Charges
195
(Bozeman 3-87)
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Division 1
WATER
Chapter 13.04
PROTECTION OF WATER SUPPLY
Sections:
13.04.010
Interfering with or polluting
water supply prohibited.
Watershed boundaries
designated-Trespassing
prohibited.
13.04.020
13.04.010 Interfering with or polluting
water supply prohibited.
It is unlawful for any person, without the written
permission of the director of public safety, to ma-
nipulate, interfere with and/or obstruct, in whole or
in part, directly or indirectly, the free flow of water
in any part of the municipal water carrying and
distributing system of the city, whether within or
without the corporate limits of the city; and/or to
manipulate, interfere with, injure, deface, remove
and/or destroy any part of the water carrying and
distributing system of the city, including in whole
and in part any and all appliances, pipelines, aque-
ducts, reservoirs, telephone system and any signaling
system or device, gates, headgates, measuring devic-
es, ditches, canals, trenches, drains, valves, valve
parts, manholes, hydrants, sprinkling-pipes, fences,
gates, posts, signs, notices and/or appurtenances of
every kind and description of the water carrying and
distributing system and/or used in connection there-
with and/or for the protection thereof, and/or any
part thereof; and/or to pollute and/or impair the
purity and wholesomeness, by any means or manner
whatsoever, of any part of the water supply of the
municipal water carrying and distributing system
within and without the corporate limits of the city.
(Prior code ~ 10.24.010)
13.04.010-13.04.020
13.04.020 Watershed boundaries
designated-Trespassing
prohibited.
It is unlawful for any person not duly authorized
or permitted as provided in Section 13.04.010 of
this chapter to enter or trespass upon the watersheds
and sources of the municipal water supply of the
city, which are described as follows:
Bozeman Creek Watershed
In Township 3 South, Range 6 East, Gallatin Coun-
ty, Montana.
All of Section 8.
Slf2 of SWlf4 and Sth of the Slf2 of SElf4 of Sec-
tion 9.
Sth of SW1f4 of SW1f4 of Section 10.
W1f2 of SE1f4, SWlf4 and SW1f4 of NW1f4 of Sec-
tion 14.
All of Sections 15, 16 and 17.
Eth and E1f2 of W1f2 of Section 18.
NEt/4 and Nlh of SE1f4 of Section 19.
All of Sections 20, 21, 22, 23, and S1f2 of Section
24.
All of Sections 25, 26, 27, 28 and NEt/4 of Sec-
tion 29.
All of Sections 34, 35 and 36.
In Township 3 South, Range 7 East, Gallatin Coun-
ty, Montana.
Section 19 and Wlf2 of Section 20.
SE1f4, SWlf4 and NWl/4 of Section 29.
All of Sections 30, 31, 32 and W1f2 of Section 33.
In Township 4 South, Range 6 East, Gallatin Coun-
ty, Montana.
Sections 1, 2 and NE1f4 of Section 3.
NE1f4 of Section 11.
Section 12 and E1f2 of Section 13.
In Township 4 South, Range 7 East, Park County,
Montana.
NW1f4 and WIf2 of SWIf4 of Section 4, Park Coun-
ty, Montana.
All of Sections 5, 6, 7, 8, 18 and W1h of Section
17, Park County, Montana.
197
(Bozeman 6-96)
13.04.020
Lyman Creek Watershed
In Township 1 South, Range 6 East, Gallatin Coun-
ty, Montana.
The SEI/4 of Section 21.
The NElf4 of the NEI/4 of Section 28 (Lot 1).
Beginning at a point in the west line of the NEIf4
of the SWI/4 of Section 28, said point being 790
feet, more or less, north of the SW comer of said
NElf4 of SWI/4; thence north 631/2 degrees east,
780 feet more or less; thence north 241/2 degrees
east, 1005.7 feet more or less; thence north 341/2
degrees east, 381.1 feet more or less, to a point
in the west line of Lot 3 of said Section 28;
thence north 54 degrees east, 1594.5 feet more or
less to a point in the east line of Lot 2 of said
Section 28, which point is 700 feet more or less
south of the Northeast corner of said Lot 2;
thence north on the line between Lots 1 and 2, to
the section line between said Sections 21 and 28;
thence west along said section line to the north-
west comer of said Section 28; thence south to
the Northwest corner of the SW1/4 of the NWlf4
of said Section 28; thence south to the northwest
comer of the SElf4 of the NWlf4 of said Section
28; thence south to the point of beginning.
Section 22.
The SEI/4 of Section 15, and the SWlf4 of Section
14.
A tract of land (reservoir site) 800 feet east and
west by 400 feet north and south (7.57 acres) in
the northeast corner of the NE1f4 of Section 32,
and a tract ofland (reservoir site) 311.14 feet east
and west by 140 north and south (1 acre) in the
southeast comer of the SE1/4 of Section 29.
(Prior code ~ 10.24.020)
(Bozeman 6-96)
Sections:
13.08.010
13.08.020
Chapter 13.08
-~
WATER SYSTEM*
Article I. Def'mitions
General.
Other definitions.
Article II. Findings and Authorization
13.08.030 The system.
13.08.040 The project.
13.08.050 Authority for bonds.
13.08.060 Issuance and sale of series 1982
bonds.
Article III. Series 1982 Bonds
13.08.070 Date, amount, denomination
and maturity.
Interest.
Redemption.
Payment.
Preparation and delivery.
13.08.080
13.08.090
13.08.100
13.08.110
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Article IV . Water System Fund
13.08.120 Bond proceeds and revenues
pledged and appropriated.
Construction account.
Operating account.
Bond account.
Reserve account.
Depreciation account.
Surplus account.
Deposit and investment of
funds.
13.08.130
13.08.140
13.08.150
13.08.160
13.08.170
13.08.180
13.08.190
Article V. Priorities and Additional Bonds
13.08.200 Priority of bond payments.
13.08.210 Additional refunding bonds.
13.08.220 Additional bonds.
* Prior code history: Prior code ~~ 10.12.010--10.12.260.
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13.08.230 Subordinate bonds.
Article VI. Covenants
13.08.240 General.
13.08.250 Competing service.
13.08.260 Property insurance.
13.08.270 Liability insurance and surety
bonds.
13.08.280 Disposition of property.
13.08.290 Books and records.
13.08.300 Cost of insurance and
accoun ting.
13.08.310 Handling of funds.
13.08.320 Rules and regulations.
13.08.330 Billing.
13.08.340 Rate covenant.
13.08.350 Independent engineer.
13.08.360 Remedies.
13.08.370 MBIA insurance.
Article VII. Amendments
13.08.380 Amendments without
bondholder consent.
13.08.390 Amendments with bondholder
consen t.
13.08.400 Notice and consent.
13.08.410 Proof.
Article VIII. Defeasance
13.08.420 General.
13.08.430 Payment.
13.08.440 Prepayable bonds.
13.08.450 Escrow.
Article IX. Arbitrage and Certifications
of Proceedings
13.08.460 Arbitrage certificate.
13.08.4 70 Transcript.
Article I. Defmitions
13.08.010 General.
The terms defined in this section shall for all
purposes of this chapter have the meanings here~
in specified, unless the context clearly otherwise
req uires:
13.08.0 lO-13.08.020
1. "This ordinance" means the ordinance
codified in this.chapter as originally adopted or
as it may from time to time be amended by one
or more ordinance amendments adopted
pursuant to the applicable provisions hereof.
2. All references in this chapter to designated
"sections" and other subdivisions are to the
designated sections and other subdivisions of
this instrument as originally adopted.
3. The words "herein," "hereof' and "here-
under" and other words of similar import with-
out reference to any particular section or sub~
division refer to the ordinance codified in this
chapter as a whole and not to any particular
section or other subdivision unless the context
clearly indicates otherwise.
4. The terms defined in this section shall in~
elude the plural as well as the singular.
5. All accounting terms not otherwise
defined herein have the meanings assigned to
them in accordance with generally accepted
accounting principles.
6. All computations provided herein shall be
made in accordance with generally accepted
accounting principles. (Ord. 1115 ~ 1.01, 1982)
13.08.020 Other defmitions.
The following words shall have the following
meanings;
I. "Accountant" means a person who is a
certified public accountant employed or
retained by the city.
2. "Act" means Montana Code Annotated,
Title 7, Chapter 7, Part 44 as heretofore and
hereafter amended or supplemented.
3. "Additional bonds" means any bonds
issued pursuant to Article V of this chapter, ex~
clusive of subordinate bonds.
4. "Bonds" means all bonds issued pursuant
to this chapter, including the Series 1982 bonds
and any additional bonds, but exclusive of sub~
ordinate bonds.
5. "Bond counsel" means any firm of
nationally recognized bond counsel experienced
in matters relating to the financing of public
facilities, selected by the city.
199 (Bozeman 4-83)
13.08.020
6. "Bond account" means the account
created in Section 13.08.150.
7. "Bondholder" means the bearer of a bond.
8. "City" means the city of Bozeman,
Montana, and any successor to its functions
hereunder.
9. "City request," "city order" or "city con-
sent" means, respectively, a written request,
order or consent of the commission, signed by
the manager or other official of the city desig-
nated pursuant to a city resolution.
10. "City resolution" means a resolution,
ordinance or other appropriate enactment by
the commission certified by an appropriate of-
ficial thereof to have been duly adopted by the
commission and to be in full force and effect on
the date of such certification.
11. "Code" means the Internal Revenue
Code of 1954, as amended. All references herein
to sections of the Code are to the sections there-
of as they exist on the date of adoption of the
ordinance codified in this chapter, but include
any amendments of the provisions thereof.
12. "Commission" means the city commis-
sion of the city or a successor to its functions.
13. "Construction account" means the
account created in Section 13.08.130.
14. "Depreciation account" means the ac-
count created in Section 13.08.160.
15. "Engineer" means an engineer or firm of
engineers duly licensed in the state and
experienced in the operation, design and
construction of municipal water systems.
16. "Fiscal year" means the twelve-month
period commencing July 1st and ending June
30th or any other twelve-month period adopted
by the commission as the fiscal year of the
system.
17. "FUnd" or "water fund" means the
water system fund created in Section 13.08.120.
18. "Government obligations" means direct
general obligations of, or obligations the prompt
payment of the principal of and the interest on
which are fully and unconditionally guaranteed
by, the United States of America.
(Bozeman 4-83)
19. "Improvements" means any additions,
enlargements, improvements, extensions or
alterations of or to the system as it then exists
(other than the project), and shall also mean
any fixtures, structures, other facilities or per-
sonal property acquired or constructed by the
city for use in connection with the system,
20. "Independent" when used with respect
to any specified person means such a person
who:
a. Is in fact independent;
b. Does not have any direct financial interest
or any material indirect financial interest in the
city, other than the payment to be received
under a contract for services to be performed by
such person; and
c. Is not connected with the city, the city as
an official, officer, employee, promoter, under-
writer, trustee, affiliate or person performing
similar functions.
21. "Interest payment date" means the
stated maturity of an installment of interest
on any of the bonds.
22. "Manager" means the city manager or
a successor to his functions.
23. "Maturity" when used with respect to
any bond means the date on which the principal
of such bond becomes due and payable as there-
in or herein provided, whether at the stated
maturity or by declaration of acceleration, call
for redemption or otherwise.
24. "Maximum reserve requirement" means,
as of the date of calculation, an amount of
money equal to the average annual principal
and interest requirements on outstanding bonds
for the then remaining future fiscal years during
the term of the outstanding bonds or such
greater amount as may be required in connec-
tion with the issuance of a series of additional
bonds.
25. "MBIA insurance" means a policy of
insurance and all amendments thereto, if any,
issued by the municipal bond insurance associa-
tion with respect to the Series 1982 bonds or
any series of additional bonds.
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26. "Net revenues" means the revenues of
the system remaining upon each monthly ap.
portionment pursuant to Section 4 hereof,
after crediting to the operating account the
amount required by Section 13.08.140 to be
credited thereto. The net revenues for a fiscal
year shall be the aggregate of the net revenues
for each of the twelve months therein after
appropriate adjustments and accruals, if any.
27. "Outstanding" when used with reference
to bonds means, as of the date of determination,
all bonds theretofore issued and delivered under
this chapter except:
a. Bonds theretofore cancelled by the city
or delivered to the city cancelled or for cancella-
tion;
b. Bonds and portions of bonds for whose
payment or redemption moneys or government
obligations (as provided in Article VIII of this
chapter) have been theretofore deposited for the
holders of such bonds; provided, however, that
if such bonds are to be redeemed, notice of such
redemption have been duly given pursuant to
this chapter or irrevocable instructions to call
such bonds for redemption at a stated redemp-
tion date has been given to the paying agent; and
c. Bonds in exchange for or in lieu of which
other bonds have been issued and delivered
pursuant to this chapter;
provided, however, that in detennining whether
the holders of the requisite principal amount of
outstanding bonds have given any request, de-
mand, authorization, direction, notice, con-
sent or waiver hereunder, bonds owned by the
city shall be disregarded and deemed not to be
outstanding.
28. "Paying agent" means any person desig-
nated by or pursuant to this chapter to receive
and disburse the principal of, premium, if any,
and interest on the bonds on behalf of the city.
29. "Person" means any individual, corpora-
tion, partnership, joint venture, association,
joint stock company, trust, unincorporated
organization or government, or any agency or
political subdivision thereof.
30. "Principal and interest requirements on
13.08.020
outstanding bonds" means, for any fiscal year,
the amount required to pay the principal and
the interest becoming due on all outstanding
bonds during such fiscal year, to be determined
on the assumption that each outstanding serial
bond is to be paid on its stated maturity and
each outstanding term bond is to be paid on its
mandatory redemption date.
31. "Qualified investments" means those
obligations and securities set forth in Section
13.08.190 hereof, in which revenues and other
moneys may be invested.
32. "Rates" means the rates, fees, charges
and rentals imposed by the city for connection
to and for the availability, use and benefit of
the system and for the purchase of water and
other commodities and services provided there-
by.
33. "Redemption date" when used with.
respect to any bond to be redeemed means the
date on which it is to be redeemed pursuant
hereto.
34. "Redemption price" when used with
respect to any bond to be redeemed means the
price at which it is to be redeemed pursuant
hereto.
35. "Reserve account" means the account
created in Section 13.08.160.
36. "Series 1982 bonds" ,shall mean the
five million dollar aggregate principal amount of
the city's water system revenue bonds, Series
1982.
37. "Stated maturity" when used with
respect to any bond or any installment of
interest thereon means the date specified in such
bond or the coupon representing such install-
ment of interest as the fixed date on which
principal of such bond or such installment of
interest is due and payable.
38. "Supplemental ordinance" means any
ordinance supplemental or amendatory to the
ordinance codified in this chapter adopted pur-
suant to Article VII of this chapter.
39. "Subordinate bonds" means bonds or
obligations issued by the city pursuant to
Section 13.08.230.
201
(Bozeman 4.83)
13.08.030~ 13.08.050
40. "Surplus account" means the account
created in Section 13.08.180.
41. "Surplus net revenues" means the net
revenues of the system remaining upon each
monthly apportionment pursuant to Article IV
of this chapter, after crediting to the bond acw
count and reserve account the amounts required
by Sections 13.08.150 and 13.08.160 to be
credited thereto.
42. "System" or "water system" means the
real and personal properties owned or used by
the city in connection with its acquisition, treat~
ment and distribution of water, including
without limitation all water rights, water storage
facilities, water mains and distribution lines,
water treatment and purification facilities,
purifying equipment and facilities and all real
and personal properties incidental thereto and
used in connection therewith and all improve-
ments thereto. (Ord. 1115 ~ 1.02, 1982)
Article II. Findings and Authorization
13.08.030 The system.
The city, pursuant to authority conferred by
laws of the state has established and presently
owns and operates the system. The city and the
system have all necessary right and title to an
adequate supply of water for its present and its
projected requirements during the useful life
of the project. (Ord. 1115 ~ 2.01, 1982)
13.08.040 The project.
After investigation of the facts and as autho-
rized by the Act, this council has determined it
to be necessary and desirable and in the best
interests of the city to acquire and construct the
project. The project will consist of a water treat-
ment plant, two major water transmission lines,
water storage facilities and incidental and re-
lated real and personal properties all as more
fully described in plans and specifications there-
for prepared by the engineer for the project.
Plans and specifications for the project have
been prepared and approved. The total cost of
the pro)ect, including construction contracts,
(Bozeman 4-83) 202
engineering, legal, consulting and administration
fees and expenses, insurance premiums, reserve
funds and a reasonable allowance for contingen-
cies, is presently estimated to be four million
seven hundred twenty thousand dollars. In addi-
tion, it is estimated that an additional three
hundred thousand dollars will be required to es-
tablish an initial bond reserve, eighty thousand
dollars will be required to pay and retire out-
standing water system revenue bonds and ap-
proximately one hundred sixty thousand dollars
will be required to pay a premium for bond in-
surance and other costs of issuance with respect
to the Series 1982 bonds issued to finance pro-
ject costs. The city has applied to the Montana
Public Service Commission for an increase in its
rates to provide sufficient revenues to pay for
the increased costs arising from the project and
Series 1982 bonds and has obtained approval
from the Public Service Commission for such
increases. AU acts of the Commission and the
city and its officers and employees with respect
to authorizing, construction and financing the
project heretofore taken and done and not
inconsistent with this chapter are hereby ratified
and confirmed. (Ord. 1115 ~ 2.02, 1982)
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13.08.050 Authority for bonds.
The city is duly authorized by the Act to
issue the Series 1982 bonds in the aggregate
principal amount of five million dollars for the
purpose of paying costs of acquiring and con-
structing the project and costs and expenses
incident thereto; to prescribe and collect just
and equitable rates for connections to and use of
the system and for services, facilities and com-
modities directly or indirectly furnished
thereby; and to pledge and appropriate to the
payment of the bonds the net revenues to be
derived from the operation of the system as
set forth herein. There arc no bonds ou tstanding
which are payable from or constitute a lien
against the net revenues of the system except
eighty thousand dollars of water revenue bonds
due and payable in the principal amount of fifty
thousand dollars on July 1 st in the years 1983
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and 1984. The city shall deposit in escrow with
the paying agent for the outstanding bonds an
amount of cash or cash and qualified securities
sufficient to pay and redeem the bonds on July
1, 1983, and shall take all required action to
call for redemption and prepay the bonds on
said date. The clerk, director of fmance and
mayor are authorized and directed to call the
outstanding bonds for redemption and execute
and enter into instruments with respect thereto.
The useful life of the system, as improved by
the project, is greater than the term of the Series
1982 bonds. (Ord. 1115 ~ 2.03, 1982)
13.08.060 Issuance and sale of series 1982
bonds.
The Series 1982 bonds shall be offered for
sale at public, competitive sale in accordance
with the provisions of the Act. Upon the sale
of the Series 1982 bonds, the city shall, pur-
suant to and in accordance with this chapter,
issue the Series 1982 bonds in the aggregate
Year
Serial
Number
Amount
1983 $ 90,000
1984 100,000
1985 115,000
1986 125,000
1987 140,000
1988 155,000
1989 170,000
1990 185,000
1991 205,000
1992 225,000
(Ord. 1115 ~ 3.01,1982)
13.08.060-13.08.070
principal amount of five million dollars for the
purpose of paying costs of the project. Costs of
the project in excess of the proceeds of the
Series 1982 bonds available therefor will be pay-
a ble from investment income and other avail-
able funds of the system. (Ord. 1115 ~ 2.04,
1982)
Article III. Series 1982 Bonds
13.08.070 Date, amount, denomination and
maturity .
The Series 1982 bonds shall be in the aggre-
gate principal amount of five million dollars,
shall be designated water system revenue bonds,
Series 1982, shall be dated as of Decem ber I,
1982, shall be one thousand in number and
numbered from one through one thousand,
in the denomination of five thousand dollars
each and shall have stated maturities of
December 1st in the years and amounts as
follows:
Serial
Year Amount Number
1993 $250,000
1994 280,000
1995 305,000
1996 340,000
1997 375,000
1998 415,000
1999 460,000
2000 505,000
2001 560,000
203
(Bozeman 4-83)
13.08.080-13.08.105
13.08.080 Interest.
The Series 1982 bonds shall bear interest
payable on each June 1st and December 1st,
commencing June 1, 1983 at the rate or rates
per annum designated by the original purchaser
thereof and approved by municipal resolution.
(Ord. 1115 ~ 3.02, 1982)
13.08.090 Redemption.
A. Series 1982 bonds maturing in the years
1983 through 1992 shall be payable on their
respective stated maturities without option of
prior payment, but those having stated
maturities dates in the years 1993 through 2001
shall each be subject to redemption and pre~
payment at the option of the city, in inverse
order of serial numbers, on December I, 1992,
and any interest payment date thereafter, at the
redemption prices (expressed as a percentage of
the principal amount of each such bond to be
redeemed) set forth below opposite the respec.
tive redemption dates of redemption plus
accrued interest ot the redemption date, as
follows:
Redemption Date
Decem ber 1, 1992
through June 1, 1997
December 1,1997
and thereafter
Redemption Price
101%
100%
B. Not less than thirty days before the date
specified for redemption of any bond, notice
of the call thereof shall be mailed by the city
director of finance, by registered mail, to the
holder, if known, to the original purchaser of
the Series 1982 bonds and to the paying agent
therefor, and shall also be published in one issue
of the official newspaper of the city and in one
issue of The Bond Buyer published in New
York, New York. The city director of finance is
directed to maintain a record of the names and
addresses of the holders of the prepayable Series
1982 bonds so far as such information is made
available to him, for the purpose of mailing such
notices. (Ord. 1115 ~ 3.03, 1982)
(Bozeman 4-83) 204
13.08.100 Payment.
The principal of and interest on the Series
1982 bonds shall be payable in any coin or
currency of the United States of America which
on the respective dates of payment is legal
tender for public and private debts. The princi-
pal of and interest on the Series 1982 bonds
shall be payable at a paying agent designated by
the original purchaser thereof and approved by
city resolution, or any successor paying agent
designated in accordance with law. The city
shall pay the reasonable charges and expenses
of the paying agent. (Ord. IllS ~ 3.04, 1982)
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13.08.105 Form.
The Series 1982 bonds and the interest
coupons appurtenant thereto shall be in sub~
stantially the following form:
UNITED STATES OF AMERICA
STATE OF MONTANA
COUNTY OF GALLATIN
CITY OF BOZEMAN
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WATER SYSTEM REVENUE BOND,
SERIES 1982
No.
$5,000
KNOW ALL MEN BY THESE PRESENTS
that the City of Bozeman (the City), a
duly organized municipal corporation of
Gallatin County, Montana, for value received
promises to pay to bearer, solely from the
Bond Account of its Water System Fund, the
sum of FIVE THOUSAND DOLLARS on
the 1st day of December, 19_, or, if this
Bond is prepayab1e as stated below, on a
date prior thereto on which it shall have been
duly called for redemption, and to pay
interest on said principal sum from said ac-
count from the date hereof until the principal
sum is paid or, if this Bond is prepayable, until
it has been duly called for redemption, at the
rate of percent
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( %) per annum, payable semiannually
on June 1 and December 1 in each year,
commencing June 1, 1983, interest to
maturity being represented by and payable
in accordance with and upon presentation and
surrender of the interest coupons appurtenant
hereto. Both principal and interest are
payable at
in
or a duly appointed successor paying agent,
in any coin or currency of the United States of
America which on the respective dates of pay-
ment is legal tender for public and private
debts.
This Bond is one of an issue in the principal
amount of $5,000,000 (the Series 1982
Bonds), all of like date and tenor except as
to serial number, interest rate, maturity date
and redemption privilege, issued for the pur-
pose of providing money to finance the con-
struction of improvements (the Project) to
the City's municipal water system (the Water
System) and to refund outstanding water
system revenue bonds pursuant to and in full
conformity with the Constitution and laws of
the State of Montana and the resolutions of
said City thereunto enabling, including Title
7, Chapter 7, Part 44, Montana Code
Annotated, and Ordinance No.
of the City, duly enacted on
(the Authorizing Ordi-
nance).
The Series 1982 Bonds maturing in the years
1983 through 1992 are payable on their
respective Stated Maturities without option of
prior payment, but those having Stated
Maturities in the years 1993 through 200 I
are each subject to redemption and prepay-
ment at the option of the City, in inverse
order of serial numbers, on December 1,
1992, and any Interest Payment Date there-
after, at the Redemption Prices (expressed as
a percentage of the principal amount of each
such bond to be redeemed) set forth below
opposite the respective Redemption Dates
plus accrued interest to the Redemption
Dates as follows:
13.08.105
Redemption Date
December I, 1992
through June 1, 1997
December 1, 1997
and thereafter
Redemption Price
101%
100
Not less than 30 days before the date
specified for redemption of any Bond, notice
of the call thereof shall be mailed by the City
Director of Finance, by registered mail, to
the Holder, if known, to the Original
Purchaser of the Series 1982 Bonds and to the
Paying Agent therefor, and shall also be pub-
lished in one issue of the official newspaper of
the City and in one issue of The Bond Buyer
published in New York, New York. The City
Director of Finance is director to maintain a
record of the names and addresses of the
Holders of the prepayable Series 1982 Bonds
so far as such information is made available
to him, for the purpose of mailing such
notices.
IT IS CERTIFIED, RECITED, COVE-
NANTED AND AGREED that the City has
duly authorized and will forthwith con-
struct and complete the construction of
the Project, has fixed and established and will
collect reasonable rates and charges for the
services and facilities afforded by the System,
in accordance with and subject to the regula-
tions of the Montana Public Service Commis-
sion, and has created a special Water System
Fund into which the gross revenues of the
Water System, including all additions thereto
and replacements and improvements thereof,
will be paid, and a separate and special Bond
Account in that fund, into which will be paid
each month, from and as a first and prior lien
on the Net Revenues of the Water System an
amount which is equal to not less than the
sum of one-sixth of the interest due within
the next six months and one-twelfth of the
principal due within the next twelve months
with respect to all outstanding Bonds payable
from that account, and into which shall be
paid additional Net Revenues sufficient to
205
(Bozeman 4-83)
13.08.105
accumulate and maintain a reserve therein
equal to the average annual amount of princi-
pal and interest to fall due within any
subsequent fiscal year on all such Bonds; that
the Bond Account will be used only to pay
the principal of and interest on Bonds issued
pursuant to the authority herein recited; that
the rates and charges for the Water System
will from time to time be made and kept
sufficient to provide gross income and
revenues adequate to pay promptly the
reasonable and current expenses of operating
and maintaining the Water System and to
produce in each fiscal year Net Revenues in
excess of such current expenes equal to 125%
of the maximum amount of principal and
interest payable from the Revenue Bond
account in any subsequent fiscal year; that
additional Bonds and refunding Bonds may be
issued and made payable from the Revenue
Bond Account on a parity with the Series
1982 Bonds upon certain conditions set forth
in the Authorizing Ordinance but no obliga-
tion will be otherwise incurred and made pay-
able from the Net Revenues of the Water
System, whether or not such obligation shall
also constitute a general obligation and in-
debtedness of the City, unless the lien thereof
shall be expressly made subordinate to the
lien of the Series 1982 Bonds and parity
Bonds on such Net Revenues; that all pro-
visions for the security of the holder of this
Bond set forth in the Authorizing Ordi-
nance will be punctually and faithfully per-
formed as therein stipulated; that all acts,
conditions and things required by the
Constitution and laws of the State of
Montana and the ordinances and resolu tions
of the City to be done, to exist, to happen
and to be performed in order to make this
Bond a valid and binding special obligation of
the City according to its terms have been
done, do exist, have happened and have been
performed as so required; and that this Bond
and the interest hereon are payable solely
from the Net Revenues of the Water System
(Bozeman 4.83)
pledged and appropriated to the Revenue
Bond Account and do not constitute a debt
of the City within the meaning of any
constitutional or statutory limitation or pro-
vision and the issuance of this Bond does not
cause either the general or the special
indebtedness of the City to exceed any con-
stitutional or statutory limitation.
[To be inserted if appropriate]
[The payment of the principal and interest
on the Series 1982 Bonds, as due in
accordance with their respective terms, with-
out regard to any acceleration thereof, is
guaranteed by the Municipal Bonds Insurance
Associations pursuant to and in accordance
with the terms and provisions of a policy of
insurance - Policy No.
a copy of which is on file with the paying
agent. ]
IN WITNESS WHEREOF, the City of
Bozeman, Gallatin County, Montana, by its
City Commission, has caused this Bond and
the certificate on the reverse side hereof and
the coupons appurtenant hereto to be
executed in its behalf by the signatures of the
Mayor, Clerk of Commission and Director of
Finance, and its corporate seal to be affixed
hereto, all of such signatures being authentic
facsimiles authorized by the officers to be
printed hereon, except for the manual signa-
ture of one officer on the face of this Bond,
and has caused this Bond to be dated as of
June I, 1982.
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Mayor
Coun tersigned:
Director of Finance
Attest:
Clerk of Commission
(SEAL)
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(Form of Coupon)
No. $
On the I st day of June (Decem ber), 19_,
unless the Bond described below is subject
to and has been called for earlier redemption,
the City of Bozeman, Gallatin County,
Montana, will pay to bearer
, in
, from
the Bond Account in its Water System Fund,
the amount shown hereon in lawful money of
the United States of America for interest then
due on its Water System Revenue Bond,
Series 1982, dated June 1, 1982, No.
(Facsimile signature) (Facsimile signature)
Director of Finance Clerk of Commission
(Facsimile signature)
Mayor
(Form of certificate to be printed on the
reverse side of each Bond, following a full
copy of the legal opinion on the issue)
We certify that the above is a full, true and
correct copy of the legal opinion rendered by
Bond Counsel, on the issue of Bonds of the
City of Bozeman, Gallatin County, Montana,
which includes the within Bond, dated as of
the date of delivery of and payment for the
Bonds.
(Facsimile signature) (Facsimile signature)
Director of Finance Clerk of Commission
(Facsimile signature)
Mayor
(Ord. 1115 ~ 3.05, 1982)
13.08.110 Preparation and delivery.
The Series 1982 bonds shall be prepared
under the direction of the director of finance,
and shall be executed on behalf of the city by
the signature of the mayor, countersigned by the
director of finance, and attested by the clerk of
commission; provided, that the signature of two
of such oftlcers may be a printed facsimile there-
.
13.08.110-13.08.120
of. The interest coupons appurtenant to the
Series 1982 bonds shall be executed and authen-
ticated by the printed facsimile signatures of
such officers, and on the reverse side of each
bond shall be printed a copy of the legal opinion
to be rendered by the bond counsel, authenti-
cated by the certificate and facsimile signatures
of such officers. The Series 1982 bonds shall be
sealed with the corporate seal of the city, which
may be printed thereon. After registering the
Series 1982 bonds in the manner specified in
Section 7-7-4257, Montana Code Annotated,
the director of finance shall cause them to be
delivered to the original purchaser thereof, upon
payment of the purchase price as specified in
the contract of sale, and the original purchaser
shall not be obligated to see to the application of
the purchase price. (Ord. 1115 ~ 3.06, 1982)
Article IV. Water System Fund
13.08.120 Bond proceeds and revenues
pledged and appropriated.
The water system fund is hereby cfeated and
shall be maintained as a separate and special
bookkeeping account on the official books of
the city until all bonds issued hereunder and
interest and redemption premiums due thereon
have been fully paid, or the city's obligations
with reference to such bonds has been dis-
charged as provided in this chapter. All proceeds
of bonds issued hereunder and all other funds
from the system hereafter received or appro-
priated fOf purposes of the system are appro-
priated to this fund. All revenues derived from
the system are irrevocably pledged and appro-
priated and shall be credited to the fund as
received. All revenues of the system on hand in
the city's existing water system fund as of
December 1, 1982, exclusive of revenues appro-
priated and pledged to the payment and
defeasance of the city's outstanding water
revenue bonds, shall be pledged, appropriated
and credited to the fund. The fund shall be sub-
divided into separate accounts as designated and
described in Sections 13.08.130 and 13.08.170,
207
(Bozeman 4-83)
13.08.130-13.08.150
to segregate income and expenses received, paid
and accrued for the respective purposes
described in those sections. The revenues re-
ceived in this fund shall be apportioned
monthly, commencing December 1, 1982. (Ord.
1115 ~ 3.07,1982)
13.08.130 Construction account.
The construction account shall be used only
to pay as incurred and allowed costs which
under generally accepted accounting principles
are capital costs of the project, and of such
future improvements as may be authorized in
accordance with law, including but not limited
to payments due for work and materials per-
formed and delivered under construction con-
tracts, architectural, engineering, inspection,
supervision, fiscal and legal expenses, the cost of
lands and easements, interest accruing on bonds
issued hereunder during the period of construc~
tion of the project and the improvements
financed thereby and for six months thereafter,
if and to the extent that the bond account is not
sufficient for payment of such interest, rei1n.
bursement of any advances made from other
city funds, and all other expenses incurred in
connection with the construction and fmancing
of the project or any such improvement. To the
construction account shall be credited as
received all proceeds of bonds issued hereunder
(except proceeds of additional bonds appro-
priated to refund outstanding bonds or appro-
priated to another account in the fund),
amounts appropriated by the city for the
project, and all income received from the
investment of the construction account. (Ord.
1115 ~ 4.02, 1982)
13.08.140 Operating account.
On each monthly apportionment there shall
first be set aside and credited to the operating
account, as a first charge on the revenues, such
amount as may be required over and above the
balance then held in the account to pay the
reasonable and necessary operating expenses of
the system which are then due and payable,
or are to be paid prior to the next monthly
apportionment. The term "operating expenses"
(Bozeman 4-83) 208
means the current expenses, paid or accrued, of
operation, maintenance and current repair of
the system, as calculated in accordance with
generally accepted accounting principles, and
shall include, without limitation, administrative
expenses of the city relating solely to the
system, premiums for insurance on the
properties thereof, labor and the cost of
materials and supplies used for current operation
and for maintenance, and charges for the
accumulation of appropriate reserves for current
expenses which are not recurrent monthly but
may reasonably be expected to be incurred.
Such expenses shall not include any allowance
for depreciation or renewals or replacements of
capital assets of the system or interest expense
and shall not include any portion of the salaries
or wages paid to any officer or employee of the
city, except such portion as shall represent
reasonable compensation for the performance of
duties necessary to the operation of the system.
There shall also be credited to this account
upon the delivery of the Series 1982 bonds and
from available funds other than the proceeds
therefrom a sum equal to the estimated average
monthly operating expenses of the system to
establish an operating reserve, which sum shall
be maintained by additional transfers upon each
monthly apportionment whenever necessary, or
may be augmented by transfers of additional
amounts from the surplus account described
below if determined by the city commission
to be necessary to meet contingencies arising in
the operation and maintenance of the system.
Moneys in the operating account shall be used
solely for the payment of current operating ex-
penses of the system, as herein defined. (Ord.
1115 ~ 4.03,1982)
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13.08.150 Bond account.
Upon each monthly apportionment there
shall be set aside and credited to the revenue
bond account out of the net revenues an
amount equal to not less than the sum of one-
sixth of the interest due within the next six
months plus one-twelfth of the principal to
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become due. within the next twelve months with
respect to all outstanding bonds. Moneys from
time to time held in the bond account shall be
disbursed only to meet payments of principal
and interest on bonds as such payments become
due; provided, that on any date when all
outstanding bonds are due or prepayable by
their terms, if the amount then on hand in the
bond account is sufficient with other moneys
available for the purpose to pay all such bonds
and the interest accrued thereon in full, it may
be used for that purpose. If any payment of
principal or interest becomes due when moneys
in the bond account are temporarily insufficient
therefor, such payment shall be advanced out
of any net revenues theretofore segregated and
then on hand in the depreciation account or
the surplus account or the reserve account in
said order. (Ord. 111 5 ~ 4.04, 1982)
13.08.160 Reserve account.
Upon receipt and from the proceeds of the
Series 1982 bonds the city shall credit to the
reserve account the sum of two hundred thousand
dollars. Thereafter, upon each monthly appor-
tionment, from the net revenues remaining after
the credit therefrom to the bond account, the
city shall credit the revenue account an amount
equal to one-thirty-sixth of the difference
between the maximum reserve requirement and
three hundred thousand dollars until the balance
in the reserve account equals the maximum
reserve requirement. Thereafter the city shall
maintain the same by crediting on each monthly
apportionment to the reserve account from the
net revenues remaining after the credit to the
bond account. Amounts on hand in the reserve
account shall be transferred by the city to the
bond account if on any interest payment date
the amount then on hand in the bond account,
after transfers from the depreciation account
and surplus account, is not sufficient to pay the
principal and interest then due, whether at
maturity or upon redemption or by acceleration.
If not used for that purpose, the city shall hold
the reserve account in trust to be applied toward
13.08.160-13.08.180
payment of the final payment or toward
redemption or defeasance of outstanding bonds
when bonds are by their terms redeemable or
defeasable and all of the outstanding bonds are
to be redeemed or defeased and paid in full.
(Ord. 1115 ~ 4.05, 1982)
13.08.170 Depreciation account.
There shall next be credited, upon each
monthly apportionment, to the depreciation
account such portion of the surplus net revenues
as the commission shall determine for deprecia-
tion of the system and for replacement or re-
newal of worn out, obsolete or damaged prop-
erties and equipment thereof. Moneys in this
account shall be used only for the purposes
above stated or, if so directed by the commis-
sion, to redeem bonds which are prepay able
according to their terms, to pay principal or
interest when due thereon as required in Section
13.08.150, or to pay the cost of improvements
to the system; provided, that in the event of
financing the construction and installation of
additional improvements or additions to the
water system other than from proceeds of
bonds payable from the bonds account, surplus
net revenues from time to time received may be
segregated and paid into one or more separate
and additional accounts prior to the payment
required to be made into the depreciation ac-
count. (Ord. 111 5 ~ 4.06, 1982)
13.08.180 Surplus account.
A. Any amount of the surplus net revenues
from time to time remaining after the above
required applications thereof shall be credited to
the surplus account, and the moneys from time
to time in that account, when not required to
restore a current deficiency in the bond account
as provided in Section 13.08.150, may be used
for any of the following purposes and otherwise:
1. To redeem and prepay bonds payable from
the net revenues when and as such bonds
become prepayable according to their terms; or
209
(Bozeman 4-83)
13.08.190-13.08.210
2. To purchase bonds on the open market,
whether or not the bonds may then be prepay-
able according to their terms; or
3. To be held as a reserve for redemption and
prepayment of bonds payable from the net
revenues which are not then but will later be
prepayable according to their terms; or
4. To pay for repairs of or for the construc-
tion and installation of improvements to the
system; or
S. To restore the operating reserve or in-
crease the same when determined to be neces-
sary by the commission.
B. No moneys shall at any time be trans-
ferred from the surplus account or any other
account of the fund to any other fund of the
city, nor shall such moneys at any time be
loaned to other municipal funds or invested in
warrants, special improvement bonds or other
obligations payable from other funds, except
as provided in Section 13.08.190. (Ord. 1115
~ 4.07, 1982)
13.08.190 Deposit and investment of funds.
The director of finance shall cause all moneys
pertaining to the fund to be deposited as
received with one or more depository banks
duly qualified in accordance with the provisions
of Section 7-7-201, Montana Code Annotated,
in a deposit account or accounts. The balance
in such accounts, except such portion thereof as
shall be guaranteed by federal deposit insurance,
shall at all times be secured to its full amount by
bonds or securities of the types set forth in said
Section 7-7-201. Any of such moneys not neces-
sary for immediate use may be deposited with
such depository banks in savings or time
deposits. No moneys shall at any time be with-
drawn from such deposit accounts except for
the purposes of the fund as defined and
authorized in this chapter; except that moneys
from time to time on hand in the fund may at
any time, in the discretion of the commission,
be invested in government obligations, bank
repurchase agreements with respect to such
obligations or certificates of deposits of national
(Bozeman 4-83) 210
banks having a combined capital and surplus of
at least one million dollars maturing and bear-
ing interest at the times and in the amounts esti-
mated to be required to provide cash when
needed for the purposes of the respective ac-
counts; provided, that the reserve account, the
depreciation account and the surplus account
may be invested in government obligations
maturing not later than five years from the date
of the investment. Income received from the
deposit or investment of moneys in said accounts
shall be credited to the account from whose
moneys the deposit was made or the invest-
ment was purchased, and handled and accounted
for in the same manner as other moneys in that
account. (Ord. 1115 ~ 4.08, 1982)
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Article V. Priorities and Additional Bonds
13.08.200 Priority of bond payments.
Each and all of the bonds shall be equally
and ratably secured by and payable out of the
net revenues without preference or priority of
anyone bond over any other by reason of serial
number or otherwise; provided, thatifat any time
the net revenues on hand in the fund are insuf-
ficient to pay principal and interest then due on
all such bonds, any and all moneys then on hand
shall be first used to pay the interest accrued on
all outstanding bonds, and the balance shall
be applied toward payment of the maturing
principal of such bonds to be paid first, and pro
rata in payment of bonds maturing on the same
date. (Ord. 1115 ~ 5.01, 1982)
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13.08.210 Additional refunding bonds.
The city reserves the right and privilege
of refunding any or all of the bonds herein
authorized and referred to, but only subject to
the following terms and conditions:
A. Any matured bonds may be refunded if
moneys available for the payment thereof at
maturity, within the limitation prescribed in
Section 13.08.120, should at any time be
insufficient to make such payment in full.
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B. Any bonds may be refunded prior to
maturity-, as and when they become prepay able
according to their terms.
C. Provision may be made for 'the payment
and refunding of any unmatured bonds by the
deposit with a duly qualified depository bank, as
escrow agent, of cash sufficient, or of securities
of the kinds authorized by law, the agreed pay-
ments of interest and principal with respect to
which are sufficient, to pay the principal
amount of such bonds with interest to maturity
or to any prior date or dates on which they have
been duly called for redemption, and any
premium required for such redemption.
D. Any refunding bonds issued for the above
purposes may be made payable from the net
revenues on a parity with all then outstanding
bonds, provided that:
I. The maturity of each refunding bond shall
be subsequent to the last maturity of any then
outstanding bonds which are not refunded or
to be refunded out of moneys on deposit with
such escrow agent; and
2. No bondholder shall be required to accept
a refunding bond in exchange for any bond
owned by him. (Ord. 1115 @ 5.02, 1982)
13.08.220 Additional bonds.
A. The city reserves the right to issue addi.
tional bonds for the purpose of financing costs
of improvements (including the project), includ-
ing reserve requirements and financing costs
with respect thereto, payable from the bond
account of the fund, on a parity as to both
principal and interest with the Series 1982
bonds and other additional bonds, if:
1. The net revenues for the last complete
fiscal year preceding the issuance of such addi-
tional bonds have equaled at least one hundred
twenty-five percent of the maximum principal
and interest requirements on outstanding bonds
and the additional bonds; in any subsequent
fiscal year during the term of the outstanding
bonds;
2. The balance in the reserve account is
increased to the maximum reserve requirement
13.08.220-13.08.230
with respect to the outstanding bonds and addi-
tional bonds from the proceeds of the additional
bonds or from net revenues within thirty-six
months from the issuance of the additional
bonds; and
3. An opinion of bond counsel is obtained to
the effect that the issuance of the additional
bonds will not cause interest on the outstanding
bonds to become subject to federal income taxa-
tion.
B.For the purpose of the foregoing computa-
tion, the net revenues for the fiscal year preced-
ing the issuance of additional bonds shall be
those shown by the financial reports caused to
be prepared by the city pursuant to Section
13.08.290, except that if the rates for services
provided by the system have been changed since
the beginning of such preceding fiscal year,
then the rates in effect at the time of issuance
of the additional bonds or finally authorized to
go into effect within sixty days thereof shall be
applied to the quantities of service actually
rendered and made available during such preced-
ing fiscal year to ascertain the revenues, from
which there shall be deducted to determine the
net revenues, the actual operating costs plus
any additional annual operating costs of which
an independent engineer estimates will be in-
curred because of the improvements of the
system to be constructed from the proceeds of
the additional bonds proposed to be issued. In
no event shall any additional bonds be issued
bond account if the city is then in default in any
payment of principal or interest on any out-
standing bonds or if there then exists any
deficiency in the balances required by this
chapter to be maintained in any of the accounts
of the fund which will not be corrected upon
the issuance of the additional bonds. (Ord. 1115
@ 5.03, 1982)
13.08.230 Subordinate bonds.
Nothing in this chapter shall preclude the city
from issuing bonds or obligations which are
expressly made a charge on only the surplus
210-1
(Bozeman 4-83)
13.08.240~ 13.08.270
net revenues subordinate to the pledge of net
revenues to the bond account. (Ord. 1115 @
5.04, 1982)
Article VI. Covenants
13.08.240 General.
The city covenants and agrees with the
holders from time to time of all bonds that the
recitals contained in Article I of this chapter
are correct; and that until all bonds are fully
discharged as provided in this chapter, it will
continue to hold, maintain and operate the sys-
tem as a public utility and convenience, free
from all liens thereon or on the revenues other
than the liens herein granted or provided for,
and will maintain, expend and account for the
fund and the several accounts therein as
provided in Article IV of this chapter, and will
not incur a further lien or charge on the
revenues of the system except upon the condi-
tions and in the manner prescribed in Article
V of this chapter, and will perform and cause
all other officers and employees of the city, to
perform and enforce each and all of the addi-
tional convenants and agreements set forth in
this article; and that it will complete the con-
struction, furnishing and equipping of the pro-
ject and all other improvements as expeditiously
as practical. (Ord. 1115 @ 6.01, 1982)
13.08.250 Competing service.
The city will not establish or authorize the
establishment of any other system for the public
supply of service or services in competition with
any or all of the services supplied by the system.
(Ord. 1115 @ 6.02, 1982)
13.08.260 Property insurance.
The city will cause all buildings, properties,
fixtures and equipment constituting a part of the
system to be kept insured with a reputable in-
surance carrier or carriers, qualified under the
laws of Montana, in such amounts as are
ordinarily carried, and against loss or damage by
fire, explosion, and such other hazards and risks
(Bozeman 4-83)
as are ordinarily insured against, by public
utilities owning and operating properties of a
similar character and size; provided, that if at
any time the city is unable to obtain insurance,
it will obtain insurance in such amounts and
against risks are reasonable obtainable. The pro-
ceeds of all such insurance are duly appro~
priated to the construction account and shall be
available and used for the repair, replacement
and reconstruction of damaged Of destoryed
property, and until paid out in making good
such loss or damage, are pledged as security for
the outstanding bonds. All insurance proceeds
received in excess of the amount fequired for
restoration of the loss or damage compensated
thereby shall be and become part of the
revenues appropriated to the fund. If for any
reason insurance proceeds are insufficient for
the repair, replacement and reconstruction of
the insured property, the city shall supply the
deficiency from revenues on hand in the
depreciation account and surplus account. (Ord.
1115 ~ 6.03, 1982)
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13.08.270 Liability insurance and surety
bonds.
The city will carry insurance against liability
of the city and its employees for damage to
persons and property resulting from the opera-
tion of the system in such amounts as the city
determines from time to time to be necessary
or advisable by reason of the character and ex-
tent of such operation. It will also cause all
persons handling money and other assets of the
fund to be adequately bonded for the faithful
perfonnance of their duties and to account for
and pay over such money to the city. All
amounts received under such insurance and
bonds shall be applied to the payment of the
loss or damage covered thereby. The premiums
for all insurance and bonds required by this sec-
tion and Section 13.08.260 constitute part of
the operating expenses of the _system, but no
insurance liabilities of the city in excess of
amounts received under such insurance and
bonds shall constitute a lien or charge on
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revenues or any other assets herein or otherwise
pledged to the fund. (Ord. 1115 ~ 6.04, 1982)
13.08.280 Disposition of property.
The city will not mortgage, lease, sell or
otherwise dispose of any real or personal prop~
erties of the system, unless:
A. Prior to or simultaneous with such mort~
gage, lease, sale or other disposition, all of the
bonds issued hereunder and then outstanding
shall be discharged as provided in Article VII
of this chapter; or
B. 1. The properties to be mortgaged, leased,
sold or otherwise disposed of are unserviceable,
inadequate, obsolete or no longer required for
use in connection with the system;
2. The mortgage, lease, sale or other disposi-
tion will not prevent the city from complying
with the provisions of this resolution; and
3. All proceeds of the mortgage, lease, sale
or other disposition of such properties are
deposited into the fund. (Ord. 1115 ~ 6.05,
1982)
13.08.290 Books and records.
The city will cause proper and adequate
books .of record and account to be kept showing
complete and correct entries of aU receipts,
disbursements and other transactions relating
to the system, the monthly gross revenues
derived from its operation, and the segregation
and application of the gross revenues in accor-
dance with this chapter, in such reasonable de~
tail as may be determined by the city in accor~
dance with generally accepted accounting prac-
tices and principles. It will cause such books to
be maintained on the basis of the same fiscal
year as that utilized by the city. The city shall
have prepared and supplied to the original
purchasers and paying agents, within one
hundred twenty days of the close of each fiscal
year, an audit report prepared by an indepen.
dent accountant in accordance with applicable
generally accepted accounting principles with
respect to the financial statements and records
of the system which report shall, in addition to
13.08.280-13.08.300
other information deemed appropriate by the
independent accountant, contain the following
information:
r. A statement in detail of the income and
expenditures of the system for the tlscal year,
identifying capital expenditures and separating
them from operating expenditures;
2. A balance sheet as of the end of the fiscal
year;
3. The number of premises connected to the
system at the end of the fiscal year;
4. The amount on hand in each account of
the fund at the end of the fiscal year;
S. A list of the insurance policies and fidelity
bonds in force at the end of the fiscal year,
setting out as to each the amount thereof, the
risks covered thereby, the name of the insurer
or surety and the expiration date of the policy
or bond; and
6. A determination that the report shows full
compliance by the city with the provisions of
this chapter during the fiscal year covered there~
by, including proper segregation of the capital
expenditures from operating expenses, main-
tenance of the required balance in the bond ac~
count, and receipt of net revenue during each
fiscal year at least equal to one hundred twenty-
five percent of the maximum principal and
interest requirements in or, if the report should
reveal that the revenues and net revenue have
been insufficient for compliance with this chap~
ter, or that the methods used in accounting for
such revenues or net revenues were contrary to
any provision of this chapter, the report shall
include a full explanation thereof, together
with recommendations for such changes in rates
accounting practices or in the operation of the
system as may be required. (Ord. 1115 ~ 6.06,
1982)
13.08.300 Cost of insurance and accounting.
The insurance and fidelity bond premiums
and the cost of the bookkeeping and audits
herein provided for and of the billings and
collection of the rates, shall be payable from the
operating account. (Ord. 1115 ~ 6.07, 1982)
210-3
(Bozeman 4-83)
13.08.310-13.08.340
13.08.310 Handling offunds.
The employees of the city, under the direc-
tion and control of the manager, shall keep
books of account, issue statements and collect
bills for the rates and for other money currently
receivable on account of the system and shall,
to the extent required by Section 13.08.330
provide for the discontinuance of service in
case of nonpayment for services or noncom-
pliance with regulations. All money collected
with respect to the system shall be deposited
daily with the director of finance. The director
of finance shall be bonded at all times with a
surety company authorized to do business in
Montana, in the amount of at least five thousand
dollars, to assure the faithful carrying out of
such duties. Any failure on the part of the
director of finance to comply and to enforce
compliance on the part of all officers and em-
ployees concerned with the provisions of this
chapter shall constitute malfeasance for which
the director of finance and the surety on his
bond shall be personally liable. (Ord. 1115 ~
6.08, 1982)
13.08.320 Rules and regulations.
The rules and regulations for operation of the
system and the use of water service from the
system shall be as provided in the existing city
resolutions, and any city resolutions sub-
sequently adopted amendatory thereof or sup-
plemental thereto, all, however, consistent with
the terms and provisions of this chapter and pru-
dent practices and procedures for the operation
of a public water utility of the size and character
of the system. (Ord. 1115 ~ 6.09, 1982)
13.08.330 Billing.
The charges for water services will be billed
at least monthly, and if the bill is not paid
within ninety days of the date of billing, or if
the customer. fails to comply with all rules and
regulations established for the system within
ninety days after notice of violation thereof
(which notice shall be given promptly upon dis~
covery of any such violation), the service to the
(Bozeman 4.83)
premises involved shall be discontinued and shall
not be resumed until payment of all past-due
bills for water service and compliance with all
such rules and regulations. The city shall take
appropriate legal action to collect the unpaid
charges, including, to the extent now or here.
after authorized by law, making the charge a
lien against the real property served by the water
connection for which the charge remains unpaid
and causing charges with respect to such prop-
erties to be collected in the same manner as
taxes levied against property within the city.
(Ord. 111S~ 6.10, 1982)
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13.08.340 Rate covenant.
A. While any bonds payable from the revenue
bond account are outstanding and unpaid, the
rates for all services and facilities furnished and
made available by the system to the city and its
inhabitants, and to all customers within or with-
out the boundaries of the city, shall be reason-
able and just, taking into consideration the cost
and value of the system and the cost of main-
taining and operating them, and the amounts
necessary for the payment of all bonds and the
accruing interest thereon, and the proper and
necessary allowances for the depreciation of
the water system, and no free service shall be
provided to any person or corporation. It is
covenanted and agreed that the rates, charges
and rentals to be charged to all recipients of
water services shall be maintained and shall be
revised, subject to any required approval and
regulation by the Public Service Commission
of the state, whenever and so often as may be
necessary, according to schedules such that the
revenues therefrom will be at least sufficient to
pay the current operating expenses, to main-
tain the operating reserve established, and to
produce net revenues during each fiscal year
commencing with the fiscal year ending June
30, 1983, not less than one hundred twenty-
five percent of the sum of the maximum princi-
pal and interest requirements on outstanding
bonds during any subsequent fiscal year.
B. If at the close of any fiscal year the net
revenues have been less than required hereby,
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the city will prepare a schedule of altered rates
which are just and equitable and sufficient to
produce net revenues in such amount, and will
do all things necessary to the end that such
schedule will be placed in operation at the
earliest possible date.
C. The establishment of a ratio of net reve-
nues at least equal to one hundred twenty-five
percent of the sum of the maximum principal
and interest requirements on outstanding bonds
has been deemed necessary in order to sell the
bonds upon terms most advantageous to the
city. The excess of the net revenues may be used
as authorized in Article IV of this chapter. The
bonds may be prepaid according to their terms
on and after Decem ber 1, 1992, and in the esti-
mation of the commission any excess, prior to
that date, of net revenues will be needed to pay
or to provide reserves for payment of replace-
ments, renewals and improvement costs, in order'
to provide adequate service for the present
population and the increase thereof reasonably
to be expected; and after that date, any excess
not required for such purposes in the judgment
of the commission may be used to prepay bonds
and thereby reduce the interest cost thereon to
the city and to the persons served by the system.
(Ord. 1115 ~ 6.11,1982)
13.08.350 Independent engineer.
If the commission defaults in its obligations
hereunder, or if additional bonds for improve-
ments are to be issued, the commission will
retain an independent engineer to advise it. In
the event the city defaults in the payment of
principal or interest on any bonds or fails for
two consecutive years to meet the requirements
of Section 13.08.340, the independent engineer
shall prepare a report based upon a survey of the
system and the operation and maintenance
thereof. Such report shall, in addition to such
other information and recommendations as the
independent engineer may determine to include
or the commission may request, include the
independent engineer's comments regarding the
manner in which the commission has carried
13.08.350-13.08.360
out the requirements of this chapter, and re-
garding any change or improvement which
should in his opinion be made in the operation
of the system. Copies of such reports shall be
made available upon request to bondholders.
(Ord. 1115 ~ 6.12, 1982)
13.08.360 Remedies.
The holders of not less than twenty-five per-
cent in principal amount of the outstanding
bonds issued and secured under the provisions
of this chapter shall have the right, either at
law or in equity, by suit, action or other pro-
ceedings, to protect and enforce the rights of
all holders of such bonds and to compel the
performance of any and all of the covenants
required herein to be performed by the city, and
its officers and employees, including but not
limited to the fixing and maintaining of rates
and the collection and proper segregation of
revenues and the application and use thereof.
The holders of a majority in principal amount
of such outstanding bonds shall have the right to
direct the time, method and place of conducting
any proceeding for any remedy available to the
bondholders or the exercise of any power con-
ferred on them, and the right to waive a default
in the performance of any such covenant, and its
consequences, except a default in the payment
of the principal of or interest on any bond when
due. However, nothing herein shall impair the
absolute and unconditional right of the holder
of each such bond to receive payment of the
principal of and interest on such bond as such
principal and interest respectively become due,
and to institute suit for any such payment. Any
court having jursdiction of the action may
appoint a receiver to administer the system on
behalf of the city with power to charge and
collect rates sufficient to provide for the pay-
ment of any bonds or other obligations
outstanding against the system, and to apply
the revenues in conformity with this chapter
and the laws of the state. (Ord. 1115 ~ 6.13,
1982)
210-5
(Bozeman 4-83)
13.08.370-13.08.400
13.08.370 MBIA insurance.
The city will keep, perform and observe each
of its obligations under and with respect to the
MBIA insurance. (Ord. 1115 ~ 6.14, 1982)
Article VII. Amendments
13.08.380 Amendments without bondholder
consen t.
The city reserves the right to amend the ordi-
nance codified in this chapter from time to time
and at any time, for the purpose of curing any
ambiguity or of curing, correcting or supple-
menting any defective provision contained here-
in, or of making such provisions with regard to
matters or questions arising hereunder as the
commission may deem necessary or desirable
and not inconsistent with this chapter, and
which shall not adversely affect the interest
of the holders of bonds issued hereunder, or for
the purpose of adding to the covenants and
agreements herein contained, or to the revenues
herein pledged, other covenants and agree-
ments thereafter to be observed and additional
revenues thereafter appropriated to the fund,
for the purpose of surrendering any right or
power herein reserved to or conferred upon the
city or for the purpose of authorizing the
issuance of additional bonds in the manner and
subject to the terms and conditions prescribed
in Article V of this chapter. Any such amend.
ment may be adopted by supplemental ordi-
nance, without the consent of the holders of any
of the bonds issued hereunder. (Ord. 1115 ~
7.01, 1982)
13.08.390 Amendments with bondholder
consent.
With the consent of holders of bonds issued
hereunder as provided in Section 13.08.400,
the city may from time to time and at any time
amend the ordinance codified in tHis chapter by
adding any provisions hereto or changing in any
manner or eliminating any of the provisions
hereof, or of any supplemental ordinance,
except that no amendment shall be adopted at
(Bozeman 4-83)
any time without the consent of the holders of
all bonds issued hereunder which are then out-
standing, if it would extend the maturities of
any such bonds, would reduce the rate or extend
the time of payment of interest thereon, would
reduce the amount or extend the time of pay-
ment of the principal or redemption premium
thereof, would give to any bond or bonds any
privileges over any other bond or bonds, would
reduce the sources of revenues appropriated to
the fund, would authorize the creation of a
pledge of said revenues prior to or on a parity
with the bonds (except as is authorized by
Article V hereof), or would reduce the percent-
age in principal amount of such bonds required
to authorize or consent to any such amendment.
(Ord. 1115 ~ 7.02, 1982)
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13.08.400 Notice and consent.
Any amendment adopted pursuant to Section
13.08.390 shall be made by ordinance, notice of
which shall be published in a financial news-
paper of national circulation published in New
York, New York, and shall become effective
only upon the filing of written consents with the
clerk, signed by the holders of not less than two-
thirds in principal amount of the bonds issued
hereunder which are then outstanding or, in the
case of an amendment not affecting all outstand-
ing bonds, by the holders of not less than two-
thirds in principal amount of the bonds
adversely affected by such amendment. Any
written consent to an amendment may be
embodied in and evidenced by one or any
number of concurrent written instruments of
substantially similar tenor signed by bond-
holders in person or by agent duly appointed in
writing, and shall become effective when de-
livered to the clerk. Any consent by the holder
of the same bond with respect to any amend-
ment adopted by the city to such consent,
provided that any bondholder may revoke his
consent with reference to any bond by written
notice received by the clerk before the amend-
ment has become effective. In the event that un.
revoked consents of the holders of the required
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amount of bonds have not been received by the
clerk within one year after the publication of
any amendment, the amendment and all
consents theretofore received shall be of no
futher force and effect. (Ord. 1115 ~ 7.03,
1982)
13.08.410 Proof.
Proof of the execution of any consent, or of
a writing appointing any agent to execute the
same, or of the ownership by any person of
bonds, shall be sufficient for any purpose of this
chapter and shall be conclusive in favor of the
city if made in the manner provided in this sec-
tion. The fact and date of the execution by any
person of any such consent or appointment may
be proved by the affidavit of a witness of such
execution or by the certificate of any notary
public or other officer authorized by law to take
acknowledgments of deeds, certifying that the
person signing it acknowledged to him the
execution thereof. The amount of bonds held by
any person by or for whom a consent is given,
and the distinguishing numbers of such bonds,
and the date of his holding the same, may be
provided by a certificate executed by any trust
company, bank or other depository, wherever
situated, if such certificate is deemed satisfac-
tory by the clerk, showing that at the date there-
in mentioned such person had on deposit with
such depository, or exhibited to it, the bonds
therein described; or such facts may be proved
by the certificate or affidavit of the person
executing such consent, if such certificate or
affidavit is deemed satisfactory by the clerk. The
city may conclusively assume that such owner-
ship continues until written notice to the
contrary is received by the clerk. The fact and
date of execution of any such consent and the
amount and distinguishing numbers of bonds
held by the person executing the same may also
be proved in any other manner which the city
council may deem sufficient; but the council
may nevertheless, in its discretion, require
further proof in cases where it deems further
proof desirable. (Ord. 1115 ~ 7.04, 1982)
13.08.410-13.08.450
Article VIII. Defeasance
13.08.420 General.
When the liability of the city on any bond
issued under and secured by this chapter and all
coupons appurtenant thereto has been dis-
charged as provided in this section, all pledges,
covenants and other rights granted by this
resolution to the holder of such bond shall
cease. (Ord.l11S ~ 8.01, 1982)
13.08.430 Payment.
The city may discharge its liability with
reference to any bonds and coupons which are
due on any date by depositing with the paying
agent or agents for such bonds on or before that
date a sum sufficient for the payment thereof
in full; or if any bond or coupon shall not be
paid when due, the city may nevertheless
discharge its liability with reference thereto
by depositing with the paying agent or agents a
sum sufficient for the payment thereof in full
with interest accrued to the date of such
deposit. (Ord. 1115 ~ 8.02, 1982)
13.08.440 Prepayable bonds.
The city may also discharge its liability with
reference to any prepayable bonds which are
called for redemption on any date in accordance
with their terms, by depositing with the paying
agent or agents on or before that date an
amount equal to the principal, interest and re-
demption premium, if any, which are then due
thereon; provided, that notice of such redemp-
tion has been duly given. (Ord. 1115 ~ 8.03,
1982)
13.08.450 Escrow.
The city may also at any time discharge its
liability in its entirety with reference to any
bond or bonds, subject to the provisions of law
now or hereafter authorizing and regulating such
action, by calling all prepayable bonds of such
issue for redemption on the next date when they
may be prepaid in accordance with their terms,
by giving the notice required for such
2 1 0- 7
(Bozeman 4.83)
13.08.460-13.08.4 70
redemption, and by depositing irrevocably in
escrow, with a bank qualified by law as an
escrow agent for this purpose, cash or govern-
ment obligations which are authorized by law
to be so deposited, bearing interest payable
at such times and at such rates and maturing
on such dates as shall be required to provide
funds sufficient to pay all principal, interest
and redemption premiums to become due on all
bonds of the issue on or before the redemption
date. (Ord. 1115 ~ 8.04, 1982)
Article IX. Arbitrage and Certifications
of Proceedings
13.08.460 Arbitrage certificate.
The mayor, clerk of commission and director
of finance, being the officers of the city charged
with the responsibility for issuing the bonds pur-
suant to this resolution, are authorized and
directed to execute and deliver to the purchaser
a certification in order to satisfy the provisions
of Sections 1.103-13, 1.103-14 and 1.103-15
of the Treasury Regulations. Such certification
shall state that on the basis of the facts, esti-
mates and circumstances in existence on the
date of issue and delivery of the bonds as there-
in set forth, it is not expected that the proceeds
of the bonds will be used in such a manner that
would cause the bonds to be arbitrage bonds,
and the certification shall further state that to
the best of the knowledge and belief of the
certifying officers there are no other facts, esti-
mates or circumstances that would materially
change such expectation. The city further
covenants and agrees to take all action necessary
to assure that the bonds shall not be deemed to
be "arbitrage bonds" under Section 1 03( c) of
the Internal Revenue Code of 1954, as amended.
(Ord. 1115 ~ 9.01, 1982)
13.08.4 70 Transcript.
The officers of the city and of Gallatin
County are authorized and directed to prepare
and furnish to the purchasers of the bonds and
to the attorneys approving the legality of the
(Bozeman 4.83)
issuance thereof, certified copies of all proceed-
ings and records of the city relating to the bonds
and to the organization and financial condition
and affairs of the city, and such affidavits and
other information as may be required to show
the facts relating to the legality and market-
ability of the bonds as the same appear from the
books and records under their custody and
control as otherwise known to them; and all
such certified copies, certificates, and affidavits,
including any heretofore furnished, shall
constitute representations of the city as to the
truth of the facts purported to be shown there-
by. (Ord. 1115 ~ 9.02, 1982)
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Chapter 13 .12
WATER SERVICE UTILITY OPERATIONS
Sections:
Article 1. General Provisions
13.12.010 Provisions adopted-Regulations
a part of service contracts.
13.12.020 Dermitions.
13 .12.030 Purpose of provisions.
13 .12.040 Scope of provisions- Revision
conditions.
13.12.050 Information available to public.
13.12.060 Waiver of regulations-
Conditions.
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Article 2. Service Provided
13.12.070 Service provided by utility-
Basis.
13.12.080 Water service for customer's use
only- Violations.
13.12.090 Customer to furnish easement,
right-of-way and permits.
13.12.100 Access to premises.
13.12.110 Unauthorized tapping into
system prohibited.
13.12.120 Furnishing water to others
prohibited-Exception.
2 1 0-8
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lines. responsibility .
13.12.340 Maintenance-Property owner
Article III. Application for Service responsibility.
13.12.140 Applicat,ion-Service agreement 13.12.350 Meter-Required for new
forms service-Installation cost deposit
13.12.150 Establishment of credit- required.
Required when. 13.12.360 Meter-Remote reading
13.12.160 Establishment of credit- attachment required when-
Residential service. Costs.
13.12.170 Establishment of credit- 13.12.370 Meter-Required for expanded
Nonresidential service. service when.
13.12.180 Deposit-Required when. 13.12.375 Maintenance of meters-Utility
13.12.190 Requiring deposit for certain responsibility .
reasons prohibited. 13.12.380 Irrigation or other outdoor use-
13.12.200 Deposit-Uniform application of Restrictions-Prohibited in
standards. emergencies.
13.12.210 Deposit-Amount. 13.12.390 Irrigation or other outdoor use-
13.12.220 Deposit-Interest to be paid to Hours to be posted.
customer. 13.12.400 Flat-rate service-Billing
13.12.230 Deposit-Recordkeeping procedures-Penalties for
requirements. delinquent payment.
e 13.12.240 Deposit-Refund conditions. 13.12.410 Metered service-Billing-
13.12.250 Guarantee in lieu of deposit Penalties for delinquent payment.
permitted when. 13.12.420 Billing method for multiple
13.12.260 Guarantee terms and conditions. delivery points or separate meters
13.12.270 Guarantor release conditions. for single customer.
13.12.430 Termination of service by
Article IV. Service Conditions customer.
13.12.280 General conditions for supplying 13.12.440 Maintenance-Customer
service. responsibility-Wasting water
13.12.290 Application-Existing service- prohibited.
Req uirements. 13.12.450 Adjustment of accounts following
13.12.300 Service supplied to existing repairs.
points of delivery only. 13.12.460 Continuity of service-Liability
13.12.310 Line extension costs borne by limitations.
customer. 13.12.470 Suspension of service for repairs
13.12.320 Installation conditions- and changes.
Property owner's 13.12.480 Interruption of service-Liability
responsibilities-Penn it required. limitations.
13.12.322 Protective devices. 13.12.490 Maintenance-Authorized utility
13.12.323 Fire lines. personnel required.
13.12.324 Service lines-Inspection, 13.12.500 Violation of irrigation or
connection and penalty for failure sprinkling rules-Penalty.
e to comply.
21 0-9
(Bozeman 11-01)
13.12.010-13.12.050
13.12.510
Violation of chapter provisions-
Disconnection of service required
when.
Article I. General Provisions
,
13.12.010 Provisions adopted-Regulations a
part of service contracts.
A. The rules and regulations set out in this
chapter are made for the government of the
waterwork system of the city of Bozeman.
B. These rules and regulations of the city
pertaining to its waterwork system, and approved by
the Public Service Commission of the state, are made
a part of the contract with every individual, firm or
corporation who takes water, and every such
individual, firm or corporation agrees, in making
application for water, to be bound thereby. The
following rules and regulations set out in this chapter
are adopted by the city. (Ord. 1077 9 I (part), 1981:
prior code 9 10.04.030 (part))
13.12.020 Definitions.
As used in this chapter:
A. "Commission" means the Department of
Public Service Regulation of the state of Montana
Public Service Commission.
B. "Customer" means any individual,
partnership, association, firm, public or private
corporation, or governmental agency, or any other
entity receiving water service from the utility.
C. "Meter" or "meters" mean the complete
installation, including auxiliary devices and
equipment, if any, used to measure the water
supplied to a customer.
D. "Point of delivery" means the point at which
the utility's facilities connect physically to
customer's facilities, the location of which shall be
designated by or satisfactory to utility, unless
otherwise defined in the service agreement.
E. "Residential dwelling unit" means any room
or combination of rooms, including trailers and
mobile homes, with facilities for cooking, designed
for occupancy by one family.
(Bozeman ll.ol)
F. "Room." On flat-rate service, where the
charge is based on the number of rooms, any finished
room with an area of eighty square feet will be
considered a "room." Bathrooms shall have no
minimum area requirements.
G. "Service agreement" means the agreement or
contract between utility and customer pursuant to
which service is supplied and taken.
H. "Utility" means the city of Bozeman,
Montana, and its water service division, engaged in
the business of providing water and supplying water
service to its customers on its system in the state of
Montana.
1. "Water service" or "service" means the
supplying of or availability at the point of delivery of
water, and also the water delivered or used. (Ord.
1077 9 1 (part), 1981: prior code 9 10.04.030 (Rule
1,99 1-1-1-9))
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13.12.030 Purpose of provisions.
These service regulations are intended to define
good practice which can normally be expected, but
are not intended to exclude other accepted standards
and practices not covered herein. They are intended
to ensure adequate service to the public and protect
the utility from unreasonable demands. (Ord. 1077 9
1 (part), 1981: prior code 9 10.04.030 (Rule 2, ~ 2-
2))
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13.12.040 Scope of provisions-Revision
conditions.
These service regulations govern the supplying by
the utility, and taking by its customers, of water
service from the utility's water system. These
regulations are subject to revision, upon approval by
the commission, and supercede all regulations, by
whatever term designated, which may heretofore
govern the supplying and taking of water service.
(Ord. 1077 9 1 (part), 1981: prior code 9 10.04.030
(Rule 2,92-1))
13.12.050 Information available to public.
There shall be made available to the public at the
office ofthe commission and at the principal offices
of the utility copies of these service regulations and
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21 0-1 0
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13.12.060--13.12.090
the rate schedules, forms of agreement for water
service, and service standards of the utility. (Ord.
1077 ~ 1 (part), 1981: prior code ~ 10.04.030 (Rule
2, ~ 2-3))
13.12.060 Waiver of regulations-
Conditions.
In any case where compliance with any of these
rules introduces unusual difficulty, such rule may be
temporarily waived by the commission upon
application of the utility or the customer. If in any
case compliance with a rule would cost more than the
results of such compliance are worth, such rule may
be permanently set aside by the commission. (Ord.
1 077 ~ I (part), 1981: prior code ~ 10.04.030 (Rule
2, ~ 2-4))
Article II. Service Provided
13.12.070 Service provided by utility-Basis.
The utility agrees to furnish water and water
services for certain specified purposes as contained in
the service agreement, for a certain specified sum,
based either on a metered or nonmetered rate, as
hereinafter provided. (Ord. 1 077 ~ 1 (part), 1981:
prior code ~ 10.04.030 (Rule 3, ~ 3-1))
13.12.080 Water service for customer's use
only-Violations.
If a customer furnishes other individuals or entities
with water services without permission from the
utility, or utilizes the water or water service for other
purposes than for which it was intended, that
customer is in violation of his service agreement.
Customers in violation of their service agreements
may have their water service discontinued unti such
time as the charge for such additional service has
been paid, together with the actual additional expense
incurred by the utility in discontinuing or
reconnecting water service. (Ord. 1 077 ~ 1 (part),
1981: prior code ~ 10.04.030 (Rule 3, ~ 3-2))
13.12.090 Customer to furnish easement,
right-or-way and permits.
A customer, or prospective customer, must
211
(Bouman 11-01)
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furnish all easements, cleared rights-of-way,
and permits necessary to enable the utility
to supply the service required. (Ord. 1077
~ I (part), 1981: prior code ~ 10.04.030 (Rule
3, @ 3-5))
13.12.100 Access to premises.
The utility's employees or representatives,
or other authorized persons, shall have access
at reasonable hours to enter any premises where
water is used, for the purpose of making inspec-
tion, or investigation. (Ord. 1077 @ I (part),
1981: prior code @ 10.04.030 (Rule 3, @ 3-6))
13.12.110 Unauthorized tapping into system
prohibited.
With the exception of special installation ap-
proved by the utility, no person or other entity,
other than agents, representatives or employees
of the utility, shall tap into the utility's trans-
mission or distribution system or service lines
attached thereto. (Ord. 1077 @ I (part), 1981:
prior code @ 10.04.030 (Rule 3, @ 3-4))
13.12.120 Furnishing water to others
prohibited -Exception.
In no instance may the customer extend his
water facilities across or under a street, alley,
lane, court or avenue, or other public or private
space, existing under different ownership, in
order to obtain a rate advantage by taking water
service for two or more premises through one
source or meter. (Ord. 1077 @ I (part), 1981:
prior code @ 10.04.030 (Rule 3, ~ 3-3))
13 .12.130 Procedure for activating water
lines.
No person or entity shall activate a line con-
nected to the utility's system, or allow any other
person to do so, except upon specific, written
permission of the utility. Activation of any
line, for testing purposes, or otherwise, shall
obligate the individual performing the test to
turn off the water service at the curb stop.
(Ord. 1 077 ~ 1 (part), 1981: prior code ~
10.04.030 (Rule 3, ~ 3-7))
13.12.100-13.12.160
Article 3. Application for Service
13.12.140 Application-Service agreement
forms.
A utility may require a customer or pro~
spective customer to sign one of the utility's
standard application or service agreement forms.
The application or agreement shall be binding
only after acceptance by a duly authorized
representative of the utility. In case of accep-
tance of service by a customer prior to the
signing of such agreement, customer shall pay
for the service so furnished in accordance with
the applicable rate schedule or schedules in
force and shall abide by these service regu-
lations. (Ord. 1 077 ~ 1 (part), 1981: prior
code & 10.04.030 (Rule 4, ~ 4~1))
13.12.150 Establishment of credit-Required
when.
The utility may at any time require from any
customer, or prospective customer, that it
establish credit as hereinafter set forth; or that
the customer or prospective customer deposit
a certain amount of funds to guarantee payment
of utility bills. Regulations regarding the estab-
lishment of credit and the filing of deposit to
guarantee payment are as hereinafter set forth.
(Ord. 1077 ~ 1 (part), 1981: prior code ~
10.04.030 (Rule 5, ~ 5-1))
13.12.160 Establishment of credit~
Residential service.
An applicant for residential utility service
may establish credit by demonstrating to the
utility anyone of the following factors:
A. Prior service with utility in question with-
in the previous twelve months during which for
at least six consecutive months service was
rendered and was not disconnected for failure
to pay the utility bill and no more than one
delinquency notice was served upon applicant;
B. Prior service with a utility of the same
type as that of which service is sought with a
satisfactory payment record as demonstrated in
subsection A above, provided that the reference
213
13.12.170-13.12.200
may be quickly and easily checked by the
utility and the necessary information is pro-
vided;
C. Full-time consecutive employment during
the entire twelve months next previous to the
application for service, with no more than two
employers, and the applicant is currently em-
ployed or has a regular source of income;
D. Ownership of significant legal interest in
the premises to be served;
E. Furnishing of satisfactory guarantor to
secure payment of bills for services requested
in a specified amount, not to exceed an esti-
mated one-year bill, such estimation to be made
at the time that service is established. (Ord.
1077 @ 1 (part), 1981: prior code @ 10.04.030
(Rule 5, @ 5-2))
13.12.170 Establishment of credit-
Nonresidential service.
An applicant for nonresidential service may
be required to demonstrate that it is a satis-
factory credit risk by reasonable means appro-
priate under the circumstances. (Ord. 1077
S I (part), 1981; prior code @ 10.04.030 (Rule
5, @ 5-3))
13.12.180 Deposit-Required when.
A deposit may be required under the follow-
ing circumstances:
A. Where the applicant has failed to establish
a satisfactory credit history as outlined in
Sections 13.12.160 and 13.12.170;
B. In any event, a deposit may be required
when;
1. Within the twelve months prior to the
application, applicant's service of a similar type
has been disconnected for failure to pay
amounts owing, when due; or
2. Where there is an unpaid. overdue balance
owing for similar service provided the customer;
or
3. Where two or more delinquency notices
have been served upon the applicant by any
other utility company during the twelve months
previous to the application for service;
C. Initiation or continuation of service to a
residence where prior customer still resides
and where any balance for such service to
that prior customer is past due orowing;
D. Where the customer is a tenant or lessee
of rented property where the landlord or lessor
has not assumed, in writing, obligation to pay
the utility bill on behalf of the tenant or lessee
or a satisfactory guarantor has not been fur-
nished as provided in subsection C of Section
13.12.160;
E. Where the customer has, in an unautho-
rized manner, interferred with the service of
the utility situated or delivered on or about
the customer's premises within the last five
years, if the finding of unauthorized interference
or use is made and determined after notice and
opportunity for hearing is provided to the cus-
tomer and is not in dispute. (Ord. 1077 @ 1
(part), 1981: prior code S 10.04.030 (Rule 5,
@ 5-4))
.
13.12.190 Requiring deposit for certain
reasons prohibited.
A utility shall not require a cash deposit or
other guarantee as a condition of new or con-
tinued residential utility service based upon
commercial credit standards (except as pro-
vided in these rules), income, home ownership,
residential location, race, color, creed, sex, age,
national origin, or any other criteria not autho-
rized by these rules. This rule does not prohibit
a utility from ensuring that agreements with
customers who may be incompetent, such as
minors, are made in such a manner and with
such persons, as to be legally binding. (Ord.
1077 @ 1 (part), 1981: prior code @ 10.04.030
(Rule 5, @ 5-5))
.
13.12.200 Deposit-Uniform application of
standards.
A utility shall apply deposit standards uni-
formly as condition of utility service to all
residential customers. (Ord. 1077 S 1 (part),
1981; prior code S 10.04.030 (Rule 5, S 5-10))
214
.
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13.12.210 Deposit-Amount.
In instances where a deposit may be required by
the utility, the deposit shall not exceed one-sixth of
estimated annual billings. (Ord. 1 077 ~ 1 (part),
1981: prior code ~ 1 0.04.~30 (Rule 5, ~ 5-6))
13.12.220 Deposit-Interest to be paid to
customer.
Simple interest at the rate of six percent per year
on the amount of the deposit shall be paid to the
customer upon refund of such deposit, or shall be
paid annually to the customer upon demand,
provided the deposit has remained intact with the
utility for a period of at least six months in order to
earn such interest. Interest shall cease on the date of
termination of service or refund of deposit. (Ord.
1077 ~ 1 (part), 1981: prior code ~ 10.04.030 (Rule
5, ~ 5-7))
13.12.230 Deposit-Recordkeeping
requirements.
A. A utility shall maintain a record of all deposits
received from customers, showing the name of each
depositor, the date and amount of the deposit made,
the location of the premises occupied by the
depositor at the time of making the deposit, and each
successive location while the deposit is retained.
B. Each customer posting a cash deposit shall
receive in writing at the time of tender of the deposit
a receipt as evidence thereof, which contains the
following minimum information:
1. Name of customer;
2. Address of customer;
3. Place of payment;
4. Date of payment;
s. Amount of payment;
6. Identification of the employee receiving the
payment; and
7. Statement of the terms and conditions
governing the receipt, retention and return of deposit
funds.
C. A utility shall provide means whereby a
customer entitled to a return of his deposit is not
deprived of deposit funds even though he may be
unable to produce the original receipt for the deposit.
13.12.210-13.12.250
In such event, utility records shall he controlling.
(Ord. 1 077 ~ 1 (part), 1981: prior code ~ 10.04.030
(Rule 5, ~ 5-9))
13.12.240 Deposit-Refund conditions.
A. Utility may refund any customer's deposit, or
a part thereof, by check or by credit to customer's
account at any time, and any unpaid interest due on
the refund shall be paid to date of refund on such
portion of the deposit as has been held intact by
utility for six months or more.
B. Deposit plus accrued interest shall be refunded
under the following circumstances and in the
following form:
1. Satisfactory Payment. Where the customer
requests the refund, and has for eighteen consecutive
months paid for service when due in a prompt and
satisfactory manner as evidenced by the following:
a. The utility has not initiated disconnection
proceedings against the customer;
b. No more than two notices of delinquency have
been made to the customer by the utility.
2. Termination of Service. If the deposit is not
returned as above provided, upon termination of
service the utility shall return to the customer the
amount then on deposit plus accrued interest less any
amounts due the utility by the customer for service
rendered. (Ord. 1 077 ~ 1 (part), 1981: prior code ~
10.04.030 (Rule 5, ~ 5-8))
13.12.250 Guarantee in lieu of deposit
permitted when.
In lieu of a cash deposit required by these rules, a
utility shall accept written guarantee of a responsible
party as surety for a customer service account; for the
purpose ofthis rule, a "responsible party" means:
A. Any individual or business entity which has
maintained service with the utility in question for the
previous twenty-four months, and who has not had
service disconnected for failure to pay and has
received no more than two delinquency notices;
B. Any special fund identified in writing as a
guarantee and approved by the utility. (Ord. I 077 ~ I
(part), 1981: prior code ~ 10.04.030 (Rule 5, ~ 5-11))
215
(Bo>:eman 11-0 I )
13.12.260---13.12.320
13.12.260 Guarantee terms and conditions.
A guarantee accepted in accordance with these
rules is subject to the following tenns and conditions:
A. It shall be in writing, and if necessary shall be
renewed in a similar manner annually;
B. It shall state the terms 'of guarantee, the
maximum amount guaranteed (such maximum not to
exceed an estimated one-year bill, such estimation to
be made at the time the service is established), and
that the utility shall not hold the guarantor liable for
sums in excess thereof unless agreed to in a separate
written instrument. (Ord. 1077 ~ I (part), 1981: prior
code ~ 10.04.030 (Rule 5, ~ 5-12))
13.12.270 Guarantor release conditions.
A. The guarantor shall be released upon the
satisfactory payment by the customer of all proper
charges for utility service for a period of twelve
successive months. For purposes of this section,
payment is satisfactory if:
I. The utility has not initiated disconnection
proceedings against the customer;
2. No more than two notices of delinquency have
been made to the customer by the utility.
B. The utility may withhold the release of the
guarantor pending the resolution of a disputed
discontinuance. (Ord. 1 077 ~ 1 (part), 1981: prior
code ~ 10.04.030 (Rule 5, ~ 5-13))
Article IV. Service Conditions
13.12.280 General conditions for supplying
service.
Service will be supplied only under and pursuant
to these service regulations, and any modification or
additions thereto lawfully made, and under such
applicable rates, schedules and contracts as may from
time to time be lawfully established. (Ord. 1 077 ~ 1
(part), 1981: prior code ~ 10.04.030 (Rule 6, ~ 6-1))
13.12.290 Application-Existing service-
Req uirements.
Application for the use of water from an existing
service must be made at the city finance office on a
(Bozeman 11-01) 216
printed form provided for that purpose. Service will
be furnished to any customer who fully and truly sets
forth all the purposes for which water may be
required and who agrees to and conforms with all the
rules and regulations governing the service; provided
the purposes set forth comply with all the utility's
rules and regulations as on record and approved by
the commission, and, that the existing utility water
system, and water supply, is adequate to meet the use
for which the application is made. (Ord. 1077 ~ 1
(part), 1981: prior code ~ 10.04.030 (Rule 6, ~ 6-5))
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13.12.300 Service supplied to existing points
of delivery only.
Service will be supplied under the applicable rates,
schedules and contracts only at points of delivery as
are presently existing on the utility's system. (Ord.
1 077 ~ 1 (part), 1981: prior code ~ 10.04.030 (Rule
6, ~ 6-2))
13.12.310 Line extension costs borne by
customer.
Line extension costs will be borne by the customer
requesting that service. (Ord. 1 077 ~ 1 (part), 1981:
prior code ~ 10.04.030 (Rule 6, ~ 6-3))
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13.12.320 Installation conditions-Property
owner's responsibilities-Permit
required.
A. Except under special conditions approved by
the utility, the property owner, at the property
owner's expense, will be responsible for installing all
water service lines, fire lines, back flow valves and
all other necessary appurtenances or attachments
from the curb box to the meter inside the served
structure. All water services to any premises shall be
installed by a plumber licensed and bonded in
accordance with Montana state law and the Bozeman
Municipal Code. Service lines must be so installed
that the supply of water for each separate building,
house or customer shall be controlled by a separate
curb stop placed within or near the property line.
The curb stop and box must be kept in a readily
accessible condition by the owner of the premises.
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B. An application for installation of water service
to any premises must be signed by the property
owner or the property owner's designated agent and
must be made on a regular form furnished by the
utility for that purpose. :rrior to approval of such
application, the utility will require the property
owner to obtain a plumbing permit, and may require
the property owner to establish credit or to furnish a
deposit as provided in Sections 13.12.150 through
13.12.270.
C. Upon completion of the application, receipt of
the plumbing permit and payment of all charges
related to the connection of water services, and full
inspection by the utility, the utility will, it its
discretion and at the property owner's expense,
install the service, from the main to the curb box.
(Ord 1497 ~ 1, 1999: Ord. 1077 ~ 1 (part), 1981:
prior code ~ 10.04.030 (Rule 6, ~ 6-6))
13.12.322 Protective devices.
When it is deemed by the water/sewer
superintendent that such protective devices are
necessary to protect another customer's facilities
and/or the municipal water supply system, the
water/sewer superintendent may require a property
owner to install, as a condition of continued water
service and at the property owner's expense, an
approved expansion tank, pressure reducing valve,
backflow prevention device, pressure relief valve, or
any other similar type of device on property owner's
water service line at a location designated by the
city's water/sewer superintendent. Property owners
will be responsible for keeping these devices in good
repair and effective operating condition at all times.
Failure to keep these devices in good working
condition may be cause to discontinue water service
to the property involved. (Ord 1497 ~ 2, 1999)
13.12.323 Fire lines.
Fire lines will be applied for and installed, at the
property owner's expense, in compliance with the
utility's standards of design and construction for fire
lines. Except when specifically excepted, a fire line
will not be interconnected with domestic service
pipes downstream of the curb valve, and each fire
13.12.322-13.12.324
line will have its own independent curb valve, which
will be located at or near the water main in the street
at a point designated by the utility. (Ord. 1497 ~ 3,
1999)
13.12.324 Service lines-Inspection,
connection and penalty for failure
to comply.
A. The owner of any house, building or other
property used for human occupancy, employment, or
recreation, which is situated within the corporate city
limits and abuts on any street, alley or right-of-way
in which there is located a public water main of the
city which the city determines is of sufficient
capacity within one hundred feet of the property line
will, at the city's request and at the owner's expense,
connect to the city water service for domestic
purposes. The utility will be responsible for the
connection from the water main to the curb box. The
connection of the service lines between the main and
the curb box will not be made by any other person,
business or entity other then the utility unless given
express permission by the utility.
B. Prior to backfill, the applicant will notify the
utility when the service line is ready for inspection
and connection to the curb box. The connection and
testing will be made under the supervision of the city
water/sewer department. The utility may elect not to
connect the property owner to the utility's water
service unless the inspection has been completed and
the service line fully complies with all applicable
federal, state, and city of Bozeman regulations.
C. Should the owner of any property described
above fail to connect to the city of Bozeman's water
service or in any way fail to comply with the
provisions of this chapter, the water/sewer
superintendent will provide the owner with notice of
the requirement to do so. The notice will be sent to
the owner by certified mail and give the owner ninety
days to install the proper service lines. Should the
owner fail to connect even after receiving proper
notice, the utility may, at its discretion and at the
owner's cost, lay the proper service lines from the
main to the meter. The utility may charge the owner
an additional five percent ofthe cost of installing the
217
(Bozeman 11-0 I)
13.12.330--13.12.375
service for failure to connect within a timely manner.
(Ord. 1497 ~ 4, 1999)
13.12.330 Maintenance-When utility
responsibility. ,
Subject to Section 13.12.340 below, the utility, at
its own expense, will maintain the service lines or
fire lines up to a distance of sixty feet, as measured
from the curb box, or to and including the meter,
whichever is less, to any property owner receiving
service prior to July I, 1999. (Ord. 1497 ~ 5, 1999:
(Ord. 1077 ~ 1 (part), 1981: prior code ~ 10.04.030
(Rule 6, ~ 6-15))
13.12.340 Maintenance-Property owner
responsibility.
A. Beginning July I, 1999, water service lines
and fire lines from the curb box to the premises are
owned by the owner of the property served. As
owners of the service lines, all new property owners
will have the responsibility of keeping the service
lines, backflow valves, and all other necessary
appurtenances from the curb box to the meter in good
condition. Should the lines not be properly
maintained, the utility may, at its discretion and at the
owner's expense, fix or correct any deficiencies that
occur which may affect the utility's ability to provide
service to its customers. The utility, at its own
expense, will maintain the service lines, tIre lines or
combinations thereof from the utility's main line to
the property owner's curb box.
B. Any property owner currently receiving water
from the utility seeking to utilize the water provided
for purposes not stated in their original agreement
with the utility, including but not limited to extending
those lines, or those requiring any type of repair to
the water lines within their boundaries will be
required to complete a new application in which they
agree to maintain the service line from the curb box
to their property. (Ord 1497 ~ 6,1999: Ord. 1077 ~ 1
(part), 1981: prior code ~ 10.04.030 (Rule 6, ~ 6-12))
(Bozeman 11.01) 218
13.12.350 Meter-Required for new service-
Installation cost deposit required.
All new installations shall be metered. Prior to
installation, the customer is required to deposit with
the utility an amount equal to the installation charges,
as determined by the utility. Following installation,
the actual costs incurred thereby will be credited
against the amount of the deposit. If the installation
charges are less than the deposit, the difference
between the actual costs incurred and the deposit
shall be refunded to the customer. If the installation
costs are greater than the deposit, the difference shall
be billed to the customer. (Ord. 1 077 ~ I (part),
1981: prior code ~ 10.04.030 (Rule 6, ~ 6-7))
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13.12.360 Meter-Remote reading attachment
required when-Costs.
All new metered water service or replacement of
service or meter shall include the installation of a
meter with remote reading attachment. The meter
shall be located at some convenient and accessible
point inside the premises and so located that it cannot
freeze. The cost of the remote reading attachment
shall be borne by the customer, who, except in the
case of a new metered water service, upon request
will be given ninety days to pay for the remote
reading attachment. (Ord. 1269, 1988: Ord. 1077 ~ I
(part), 1981: prior code ~ 10.04.030 (Rule 6, ~ 6-8))
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13.12.370 Meter-Required for expanded
service when.
Any customer presently on a flat-rate schedule
who installs additional fixtures or seeks to utilize the
water provided for purposes not stated in their
original agreement, such as expanding or remodeling
their residence, shall be required to convert to a
metered water service. (Ord. 1 077 ~ 1 (part), 1981:
prior code ~ 10.04.030 (Rule 6, ~ 6-18))
13.12.375 Maintenance of meters-Utility
responsibility.
The utility shall install and maintain all meters to
include routine maintenance and replacement of
meters on an established schedule. When it is
determined maintenance is required, the utility will
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notifY the customer in wntlOg and schedule the
required service. No person, business or entity other
than the utility will tamper with the meter for any
reason. Should the customer feel maintenance is
required or for any other reason feels the meter
should be inspected, the customer must contact the
city's water/sewer superintendent to schedule
service. (Ord. 1497 ~ 7, 1999)
Irrigation or other outdoor use--
Restrictions-Prohibited in
emergencies.
A. The water superintendent of the utility is
hereby authorized, directed and empowered,
whenever in his opinion the necessities of the
situation require such action, to restrict and/or wholly
prohibit the use of the utility's water to supply for
garden, lawn or other outdoor irrigation or use. Such
restriction and/or prohibition shall become effective
twenty-four hours after notice thereof shall be
published in any newspaper of general circulation
distributed in the city.
B. In emergency situations, as determined by the
water superintendent, which demand immediate
action, the water superintendent of the utility may
immediately restrict or wholly prohibit the use of
water from the utility's system by notifYing
customers by newspaper publication within a
newspaper of general circulation in the city and/or
public by service radio announcements within the
city. (Ord. 1 077 ~ 1 (part), 1981: prior code ~
10.04.030 (Rule 6, ~ 6-19))
13.12.380
13.12.390 Irrigation or other outdoor use-
Hours to be posted.
Utility may specifY the hours and days during
which sprinkling or irrigation will be permitted, and
may publish notice thereof in newspapers at the start
of the sprinkling or irrigation season, or whenever
conditions require a change in present sprinkling or
irrigation practices. The utility shall prominently
post, within its local office, a notice advising the
public of the hours and days within which sprinkling
or other irrigation is permitted. (Ord. I 077 ~ I (part),
1981: prior code ~ 10.04.030 (Rule 6, ~ 6-20))
13.12.380--13.12.420
13.12.400 Flat-rate service-Billing
procedures-Penalties for
delinquent payment.
All flat-rate services shall be billed monthly in
advance, on or about the first day of each month,
based on rates and charges on file with and approved
by the commission. Payment is due upon receipt of
the bill, and will be considered delinquent if not paid
by the fifteenth day of the month in which it is
received. If the bill is not paid within thirty days
after it has become delinquent, the water service will
be disconnected after a ten-day written notice.
Service will not be reinstated until delinquent charges
are paid, together with the cost incurred by the utility
in disconnecting and subsequently reconnecting the
line. (Ord. 1077 ~ I (part), 1981: prior code ~
10.04.030 (Rule 6, ~ 6-24))
13.12.410 Metered service-Billing-
Penalties for delinquent payment.
All metered services shall be billed for actual
water consumed, based on rates and charges which
the commission will set by resolution. Payment is
due upon receipt of the bill, and will be considered
delinquent if not paid by the fifteenth day of the
month in which it is received. If the bill is not paid
within thirty days after it has become delinquent, the
utility, at its own discretion, may disconnect the
water services following a ten-day written notice.
Should the utility disconnect a customer's service for
failure to pay a delinquent bill, service shall not be
reinstated until delinquent charges are paid, together
with the cost incurred by the utility in disconnecting
or subsequently reconnecting the line. (Ord. 1497 ~
8, 1999: Ord. 1077 ~ I (part), 1981: prior code ~
10.04.030 (Rule 6, ~ 6-23))
13.12.420 Billing method for multiple delivery
points or separate meters for single
customer.
Where separate points of delivery exist for
supplying service to a single customer, or separate
meters are maintained and provided for measurement
of service to a single customer, each point of delivery
or metering shall be separately billed under the
219
(Bozeman II ~])
13.12.430--13.12.480
applicable rates. (Ord. 1077 ~ 1 (part), 1981: prior
code ~ 10.04.030 (Rule 6, ~ 6-4))
13.12.430 Termination of service by customer.
Customer shall give utility a~ least twenty-four
hours' notice, Saturdays, Sundays and Holidays
excluded, to terminate service, unless a longer notice
of termination is provided for in the service
agreement. Should the customer desire to
discontinue the use of water temporarily, or should
the premises become vacant, the utility must be
notified in writing of the temporary discontinuance of
use of the utility water supply. Upon being so
notified, the utility will shut offthe water at the curb
box and allowance will be made on the bill (for
customers on a flat-rate charge) for such time as the
water is not in use. (Ord. 1 077 ~ 1 (part), 1981: prior
code ~ 10.04.030 (Rule 6, ~ 6-13))
13.12.440 Maintenance-Customer
responsibility-Wasting water
prohibited.
Waste of water is prohibited, and customers must
keep their fixtures and interior pipes in good order at
their own expense, and all waterways closed when
not in use. Leaky fixtures must be repaired at once
without waiting for notice from the city, and if not
repaired within five days after written notice is given,
water service may be discontinued until such time as
the leak isrepaired. (Ord. 1077 ~ 1 (part), 1981: prior
code ~ 10.04.030 (Rule 6, ~ 6-9))
13.12.450 Adjustment of accounts following
repairs.
Following completion of the repair of customer's
lines, the utility may adjust the customer's account to
the extent of actual water consumed retroactive for
three billing periods, commencing upon completion
of the repair. The customer will be responsible for
notifying utility of the repair made. (Ord. I 077 ~ 1
(part), 1981: prior code ~ 10.04.030 (Rule 6, ~ 6-10))
(Bozeman 11-0 I )
13.12.460 Continuity of service-Liability
limitations.
A. Utility shall make reasonable effort to avoid
interruption of service, and when such interruptions
occur, shall reestablish service with reasonable
diligence.
B. Utility shall not be liable to customer or others
for failure or interruption of water service due to acts
of God, governmental regulations, court or
commission orders, acts of the public enemy, strikes
or labor difficulties, accidents, weather conditions,
acts of third parties, droughts, or, without limitation
by the foregoing, any other cause beyond the
reasonable control of utility. (Ord. 1077 ~ I (part),
1981: prior code ~ 10.04.030 (Rule 6, ~ 6-14))
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13.12.470 Suspension of service for repairs
and changes.
A. When it is necessary for the utility to make
repairs or to change its water collecting, storage,
transmission or distribution system, meters or other
property, utility may, without incurring any liability
therefor, suspend service for such period as may be
reasonably necessary, and in such manner as to
minimize the inconvenience to customers.
B. All persons having boilers on their premises,
depending on connected pressure with the water
mains, are cautioned against collapse of their boilers.
As soon as the water is turned off, the hot-water
faucet should be opened and left open until the water
is again turned on. A check valve must always be
placed between the boiler and the city's mains to
prevent draining the boiler. A customer must never
leave the premises with any faucets open or water
turned off. (Ord. 1 077 ~ 1 (part), 1981; prior code ~
10.04.030 (Rule 6, ~ 6-16))
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13.12.480 Interruption of service-Liability
limitations.
Interruptions of service resulting from the repair of
leaks as provided in Section 13.12.440, or for repair
of frozen facilities of customer, shall not render the
utility liable for any adjustment in customer's bill.
Whenever service is discontinued under Section
13.12.440, the utility shall not be required to restore
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service until customer's account, if any be
outstanding, is paid in full. The utility may also
require customer to pay all costs of discontinuing or
reestablishing service. (Ord. I 077 ~ 1 (part), 1981:
prior code ~ 10.04.030 (Rule 6, ~ 6-11))
13.12.490 Maintenance-Authorized utility
personnel required.
With the exception of special installations
approved by the utility, no person or other entity,
other than agents, representatives or employees of the
utility, shall maintain or repair the utility's water
utility system. (Ord. 1 077 ~ 1 (part), 1981: prior code
~ 10.04.030 (Rule 6, ~ 6-17))
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13.12.500 Violation ofirrigation or sprinkling
rules--Penalty.
At such time when the utility, through its agents,
employees or representatives, determines that a
customer is in violation of the utility's regulations in
regard to sprinkling or irrigation, the utility shall
deliver to such customer a copy ofthe notice of hours
and days of sprinkling and irrigating, and shall advise
the customer that he is in violation of the rule. If the
customer is found in violation of the rule on more
than one occasion in anyone irrigation or sprinkling
season, he will be notified by certified mail, with
return receipt, that another violation will result in
discontinuance of service or the installation of a
meter. (Ord. 1077 ~ 1 (part), 1981: prior code ~
10.04.030 (Rule 6, ~ 6-21))
13.12.510 Violation of chapter provisions-
Disconnection of service required
when.
For violation of any of these regulations or for
nonpayment of water charges, as provided in the
utility's schedule of rates and charges currently on
file with and approved by the commission, the utility
has the right to disconnect water service following
ten days' written notice to the customer. After
service has been discontinued, the same shall not be
reinstated until all delinquent charges are paid. Costs
of all disconnects and/or subsequent reconnects shall
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13 .12.490--13 .16.0 10
be borne by the customer. (Ord. 1 077 ~ 1 (part),
1981: prior code ~ 10.04.030 (Rule 6, ~ 6-22))
Chapter 13.16
WATER SYSTEM RULES AND
REGULATIONS
Sections:
13.16.010
Rules and regulations adopted
-Part of contract with customer.
Plumbers--Rules and regulations.
13.16.020
13.16.010 Rules and regulations adopted-
Part of contract with customer.
A. The following rules and regulations are made
for the government of the waterworks system of the
city.
B. These rules and regulations of the city,
pertaining to its waterworks system are made a part
of the contract with every individual, firm or
corporation who takes water. The following rules
and regulations are adopted by the city:
Rule 0-1. An application for the introduction of
water service to any premises must be signed by the
owner of the premises and must be made on the
regular form furnished by the city for that purpose.
When such an application has been granted, the city,
at the property owner's expense, will tap the main
and furnish corporation cock, clamp when necessary,
and any other material used or labor furnished in
connection with the tapping of the main. All expense
of laying the service pipes from the mains to the
property owner's premises must be borne by the
property owner. Additionally, the property owner is
responsible for the maintenance of all service lines
including the pipe and all necessary fixtures and
appurtenances as required, from the curb box to the
meter as well as all associated costs. The lines must
be laid below the street grade and on the property
owner's premises, at a depth not less than six feet
and, designated by the city, to prevent freezing. A
curb cock of approved pattern with a cast-iron curb
box must be installed by the property owner at a
221
(Bozeman 11-01)
13.16.010
point designated by the city. Whenever a tap is made
through which regular service is not immediately
desired, the applicant will bear the entire expense of
tapping, subject to a refund whenever regular service
is begun. ,
Rule G-2. At some convenient point inside ofthe
building and so located that it cannot freeze, a stop
and waste cock must be placed, so that the water can
be readily shut off from the building and the water
pipes drained to prevent freezing.
Rule G-3. Waste of water is prohibited, and
consumers must keep their fixtures and service pipes
in good order at their own expense, and all
waterways closed when not in use. Leaky fixtures
must be repaired at once without waiting for notice
from the city and if not repaired after reasonable
notice is given, the water will be shut off by the city.
Rule G-4. No plumber or other person will be
allowed to make connection with any conduit, pipe or
other fixture connecting therewith or to connect pipes
when they have been disconnected, or to turn water
off or on, on any premises without permission from
the city.
Rule G-5. Service pipes shall be so arranged that
the supply of each separate building, house or
premises may be controlled by a separate curb cock,
placed within or near the line of the street curb, under
rules established by the city. This curb cock and box
must be kept in repair and easily accessible by the
owner of the premises.
Rule G-6. Should the consumer desire to
discontinue the use of water temporarily, or should
the premises become vacant, the city, when notified
to do so in writing, will shut off the water at the curb
and allowance will be made on the bill for such time
as the water is not in use. No deduction in bills will
be made for the time any service pipes may be
frozen.
Rule G-7. Notice will be given, whenever
practicable, prior to shutting off water, but consumers
are warned that owing to unavoidable accidents or
emergencies, their water supply may be shut off at
any time.
All persons having boilers on their premises,
depending on connected pressure with the water
(Bozeman 11.(1)
mains, are cautioned against collapse of their boilers.
As soon as water is turned off, the hot water faucet
should be opened and left open until the water is
again turned on. A check valve must always be
placed between the boiler and the city's mains to
prevent draining the boiler. Never leave the premises
with any faucets open and water turned off.
Rule G-8. Contractors, builders and owners are
required to take out a permit for the use of water for
building and other purposes in construction work,
payable in advance at the rate of one dollar per
month. Consumers are warned not to allow
contractors to use their fixtures unless they produce a
permit specifying the premises on which the water is
to be used. Water will not be turned on at any new
building until all water used during construction has
been paid for.
Rule G-9. Permits for lawn sprinkling during
each current year must be secured at the office of the
city clerk, and payment made at the time of securing
such permit, as the supply to any premises, using a
hose without a permit, will be shut off without
warning. Lawn sprinklers will only be permitted
where water is carried into the house also.
Rule G-l O. The city's officers or other authorized
person shall have access at reasonable hours to enter
any premises where water is used, for the purpose of
making inspection or investigation.
Rule G-l1. For violation of any of these rules or
for nonpayment of water rent, for either domestic,
sprinkling or other purposes, the city has the right to
turn off the water without further notice, and after it
has been turned off from any service pipe on account
of nonpayment or violation of rules, the same shall
not be turned on again until back rents are paid,
together with the cost incurred thereby, amounting to
one dollar.
Rule G-12. The foregoing general rules shall be
effective for all water utilities operating in Montana.
The flat-rate rules and the meter-rate rules shall be
effective for all water utilities having schedules of
that nature.
This rule, however, shall not be construed to mean
that any utility must have both flat rates and meter
rates. A utility may adopt, subject to the approval of
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the Public Service Commission, either a flat-rate or
meter-rate schedule, or both
In addition to the general flat-rate and meter-rate
rules, a utility may adopt, subject to the approval of
the Public Service Commi,ssion, other rules, to be
designated as "special rules," to fit local
conditions. In case of any apparent conflict in
rules, the general rules shall govern.
Flat-rate Service
Rule F-l. The flat-rate will cover the use of
water for domestic use, lawn sprinkling, and any
other purposes enumerated on the rate sheet covering
flat-rate services. The city agrees to furnish water for
certain specified uses for a certain specified sum. If,
therefore, a consumer furnishes other people with
water without permission from the city, or uses it for
other purposes than those he is paying for, it is a
violation of his contract and the consumer offending,
after reasonable notice, may have his water shut off
and service discontinued until such time as the
additional service furnished has been paid for,
together with the actual additional expense incurred
in shutting off and turning on water, not to exceed
one dollar.
Rule F-2. Flat-rate water rents are payable
monthly in advance and payments should be made at
the city clerk's office on the first day of each month.
If not paid before the fifteenth day of the month, the
water will be shut off.
Rule F-3. Every user of water coming under the
use prescribed under meter rates shall furnish his
meter or meters at his own expense, and the meter
rate for the first month shall be the rate for such use
as estimated by the city clerk, and thereafter the rate
shall be paid monthly in advance; and payment
should be made at the city clerk's office on the first
day of each month. If not paid before the fifteenth
day of each month, the water will be shut off. The
rate for each succeeding month after the first month
shall be based upon the amount of water used during
the preceding month.
Rule F-4. Should any consumer on a flat-rate
schedule wish to install additional fixtures or should
13.16.020
he desire to apply the water to purposes not stated in
the original application, written notice must be given
the city prior to making such installation or change of
use. Special extension penn its are issued for any
extension of pipes within a building. In case a
consumer places new fixtures on his premises
without securing an extension permit from the city,
when such fixtures are discovered, a charge will be
made for such extra fixtures at schedule rates for the
full length of time such fixtures have been installed.
Rule F -5. Should it be desired to discontinue the
use of water for any special purpose, whether for
bathtubs, closets, lawn sprinklers, hose connections,
or other fixtures, the faucet must be removed, the
branch pipe plugged, and notice given the city at the
city clerk's office before any reduction of rates will
be made. (Ord. 1497 ~ 9, 1999; prior code ~
10.04.010)
13.16.020 Plumbers-Rules and regulations.
The following rules and regulations are adopted
for the government of plumbers:
Inspection of the Work
Rule 3. Any person or firm, carrying on a
plumbing business, who shall interrupt or resist an
inspection of his or their work, done upon the pipes
or appurtenances of the city waterworks or its
consumers, shall be liable to a forfeiture of his
license and bond; and may, on conviction, be fmed in
any sum not more than one hundred dollars.
Application for Permits
Rule 4. Any person or firm, canying on a
plumbing business, desirous of introducing water
from the works to any premises, or of making any
alterations, additions or extensions for consumers,
shall first procure a permit from the city for such
purpose, and for each and every opening,
excavation or change required. All applications for
penn its must be made in writing, upon blanks
fumished by the city, stating the full name of the
owner of the property and the purpose or purposes
for which the water is to be used.
223
(Bouman 11-01)
13.16.020
Taps
Rule 5. No person, exceptthe tapper employed
by the city, shall, under any circumstances, tap the
distributing pipes or insert pipes therein, or lay pipes
in the streets; and any violatioJ?- shall subject the
offender, on conviction, to a fine not exceeding one
hundred dollars.
Kind of Material That May Be Used
Rule 6. All pipes placed in connection with the
city watelWorks, and the pattern of all water closets,
hydrants, stopcocks, and other appurtenances that are
proposed to be used, shall be submitted to the
inspection and subject to the approval of the
watelWorks committee.
The water pipe laid in trenches shall be laid not
less than six feet below the surface ofthe ground, and
in such a manner as to prevent rupture by settlement.
All lead pipes used shall be ofthe class known as
"extra strong," and shall weigh per lineal foot for
various diameters as follows:
Size of Tap Diameter of Weight Per Foot
Pipe
Yz inch % inch 3 pounds
o/s inch % inch 3 pounds 10 oz.
% inch 1 inch 4 pounds 12 oz.
1 inch 1 ~ inch 6.pounds
All pipe, either of lead or iron, and all cocks and
fixtures must be of sufficient strength to sustain a
hydrostatic pressure of three hundred pounds to the
square inch.
No lead pipe of less diameter then one-half inch,
or iron pipe of less diameter then five-eighths inch,
nor any pipe of greater diameter than one inch, will
be permitted to be placed under ground in connection
with the watelWorks, unless by special permit.
All work shall be done in the manner required by
the watelWorks committee, or its authorized agent,
and shall be subject to its inspection or approval; and
no work underground shall be covered up until so
inspected and approved.
(Bozeman Il..nl) 224
Location of Service Pipe
Rule 7. Permits for attachments will not be
granted when the service pipe passes over or through
premises which at the time are, or may thereafter,
become the property of persons other than the owner
of the premises to be supplied by such attachments;
and in case the building does not occupy the full
width of the lot on which it is situated, the service
pipe must either be laid under the building or in the
lot clear of the building, and within three feet of the
side wall thereof.
No service pipe will be permitted to be laid in a
sewer trench, or within eighteen inches of such
trench.
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Waste Cocks and Boxes
Rule 8. There shall be a stop and waste cock
attached to every supply pipe at the point where it
enters the building, so as to admit of the water being
shut off in frosty weather, or in case of accident, and
of the pipes being drained. The service pipe passing
from the ground into every building shall be enclosed
in a box of not less than eight inches, inside
measurement, filled with sawdust or other suitable
material to protect the pipes from frost, except when
connections are in cellars.
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Turning on and Shutting off Water
Rule 9. No plumber shall turn on the water at
the curb cock, or allow any person in his employ to
do so, except with the special permission of the
watelWorks committee, or its agent. When the work
in any building has been completed and tested, it
shall be the duty of the plumber or fitter to turn off
the water.
Report of Plumbers
Rule 10. Within forty-eight hours after the
completion of any work, the plumber, or other person
doing the work, shall make the water collector a full
return stating the ordinary and special uses for which
the water is to be applied, giving a description of the
apparatus and arrangements used, the number of
stories and rooms in the building, and all the
particulars the case may call for. All plumbers shall
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13.16.020
make to the water collector, in addition to the special
report required, not later than the fifth day of each
month, a regular monthly report which shall cover,
with the detail required by the special report above
referred to, all work done ~y such plumber involving
any new or increased use of the city's water,
including sewer use and connections, during the
calendar month preceding the date of such report. If
no such work has been done, the plumber shall so
report.
For failure to make such report and return, or for
any misrepresentation or false statement therein or
omissions therefrom, or for leaving the water on after
completion or after testing any plumbing, the
plumber so offending shall be liable to the
suspension or cancellation of his license upon
conviction, and in addition to such suspension or
cancellation shall be subject to a fine in any sum not
exceeding fifty dollars.
No Plumber or Fitter to Allow His Name to Be
Used by Others
Rule 11. No plumber or fitter shall allow his
name to be used by any person, directly or indirectly,
either to obtain a permit or permits, or to do any
work under his bond.
224-1
(Bozeman 11-01)
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Rule 12. The license of any plumber violating
any of the city's rules and regulations governing
the introduction, supply and consumption of
water, will be revoked or suspended, at the dis-
cretion of the city, and will not be renewed
under any circumstances until the city has been
reimbursed for all damages that it may have
sustained on account of such violation. (Prior
code S 10.04.020)
Chapter 13.20
IRRIGATION RESTRICTIONS
Sections:
13.20.010
Outdoor use of water-
Restrictions authorized when.
Violation-Penalty .
13.20.020
13.20.010 Outdoor use of water-Restrictions
authorized when.
The director of public safety of the city is
authorized, directed and empowered, whenever
in his opinion the necessities of the situation
demand such action, to restrict and/or wholly
prohibit the use of the water supply of Bozeman
City Waterworks for garden, lawn or other out-
door irrigation or use, except fire protection;
such restriction and/or prohibition shall become
effective twenty-four hours after notice thereof
shall be published in any daily newspaper pub-
lished in the city. (Prior code S 10.08.010)
13.20.020 Violation-Penalty.
Every person, firm, association or corporation
violating any order of the director of public
safety made under the provisions of this chapter
shall be subject to a fine not exceeding twenty-
five dollars. In any prosecution for violation of
this chapter, it shall be no defense that the
offender had no actual notice or knowledge of
such restriction and/or prohibition. In addition
to the flne hereby provided for, the judgment
in any such case may also provide that the water
supply from the city waterworks shall be cut off
13.20.010-13.21.010
from the offender until the fine is paid or
security given for the payment thereof, and all
costs, in the event of appeal from such judgment
of conviction in the police court of the city for
violation of this chapter. (Prior code S
10.08.020)
Chapter 13.21
OUTDOOR WATER USE RESTRICTIONS
Sections:
13.21.010
13.21.020
13.21.030
13.21.040
13.21.050
13.21.060
13.21.070
13.21.080
13.21.090
13.21.100
13.21.110
13.21.120
Definitions.
Application of restrictions.
Authority to restrict outdoor use
of water.
Restriction of particular indoor
uses.
Sprinkling systems-Timing.
Landscaping - Seeding -Sodding-
Planting.
Notice required.
Wasting water prohibited.
Exception to maintain
sanitation.
Enforcement.
Penalties.
Legislative intent.
13.21.010 Definitions.
For the purposes of this chapter, the follow-
ing terms, phrases, words, and their derivations
shall have the meaning given herein. When not
inconsistent with the context, words used in the
present tense include the future, words in the
plural number include the singular number, and
words in the singular number include the plural
number. The word "shall" is always mandatory
and not merely directory.
A. "City" means the city of Bozeman.
B. "Director" means the director of public
safety or public service.
C. "Outdoor use" means the use of water,
excepting water which has been used indoors
225
(Bozeman 3-87)
13.21.020-13.21.070
and is being recycled for outdoor use, for:
1. Sprinkling or irrigating gardens, lawns
or other outdoor vegetation;
2. Washing automobiles, trucks, or other
mobile equipment except at places of business
where such are washed on every business day
either with attendants, with automatic equip-
ment or by self.service;
3. Washing sidewalks, driveways, outside
building walls or other outdoor surfaces;
4. Washing any business or industrial equip-
ment machinery;
S. Operating any ornamental fountain or
other similar structure not employing a recir-
culating system;
6. Swimming and wading pools not employ~
ing a filter and recirculating system;
7. Leakage or other escape outdoors through
defective plumbing when a person has knowingly
permitted the defective plumbing to remain in
disrepair;
8. Settling back-fill around foundations,
pipes, etc.; and
9. Other outdoor uses except use for fire
protection.
D. "Person" means any individual, business
association, partnership, corporation or other
legal entity or organization of any kind.
E. "Water" means water from the city's
water service utility. (Ord. 1201 S 1 (part),
1986: Ord. 1185 S 1 (part), 1985)
13.21.020 Application of restrictions.
The provisions of this chapter or any restric.
tion or prohibition in force pursuant thereto
shall apply as follows:
A. To all persons using water both in and
outside the city, and regardless of whether any
person using water shall have a contract for
water service with the city; or
B. To persons contracting for water service
at a location who shall be responsible and
strictly liable for all water use at that location.
(Ord. 1201 S 1 (part), 1986: Ord. 1185 S 1
(part), 1985)
(Bozeman 3.87)
13.21.030 Authority to restrict outdoor use of
water.
The director is, with the concurrence of the
city manager, authorized, directed and em~
powered, whenever in his opinion the necessities
of the situation demand such action, to restrict
or wholly prohibit the outdoor use of the water
supply of the Bozeman water service utility.
(Ord. 1201 S 1 (part), 1986: Ord. 1185 S 1
(part), 1985)
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13.21.040 Restriction of particular indoor
uses.
Whenever outdoor use restrictions are in
effect, business establishments which serve
beverages for human consumption shall be pro-
hibited from serving water except upon request.
(Ord. 1201 S 1 (part), 1986: Ord. 1185 S 1
(part),1985)
13.21.050 Sprinkling systems-Timing.
Whenever outdoor use restrictions are in
effect, the director may set alternative time
restrictions for the use of large scale sprinkling
systems or those which are equipped with a
timing device. (Ord. 1201 S I (part), 1986: Ord.
1185 S 1 (part), 1985)
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13.21.060 Landscaping-Seeding-Sodding-
Planting.
While it is not the intent of this section to
place restrictions on the normal conduct of
business, whenever outdoor use restric;tions are
in effect, the director may restrict or wholly
prohibit the seeding, sodding or planting of live
vegetation. (Ord. 1201 S 1 (part), 1986: Ord.
1185 S 1 (part), 1985)
13.21.070 Notice required.
Restrictions or prohibitions imposed by the
director shall become effective at midnight
immediately following the publication of
notice thereof in any daily newspaper published
in the city. (Ord. 1201 S 1 (part), 1986: Ord.
1185 S 1 (part), 1985)
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13.21.080 Wasting water prohibited.
Whenever outdoor use restrictions are in
effect, no person shall waste water which shall
include but not be limited to permitting water
to escape or run to waste. (Ord. 120 1 ~ 1 (part),
1986: Ord. 1185 ~ 1 (part), 1985)
13.21.090 Exception to maintain sanitation.
The director shall have the authority to
permit a reasonable use of water in any case
necessary to maintain adequate health and sani-
tation standards. (Ord. 1201 ~ 1 (part), 1986:
Ord. 1185 ~ 1 (part), 1985)
13.21.100 Enforcement.
A. Police Officers to Enforce. Every police
officer of the city shall, in connection with the
duties imposed by law, diligently enforce the
provisions of this chapter.
B. Discontinuance of Service. The city
manager shall have the authority to enforce the
provisions of this chapter by the discontinuance
of water service in the event of violation hereof.
(Ord. 1201 ~ 1 (part), 1986: Ord. 1185 ~ 1
(part), 1985)
13.21.110 Penalties.
Any person who violates this chapter or the
restrictions issued hereunder shall be deemed
guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount not less than
one hundred dollars or more than five hundred
dollars. (Ord. 1201 ~ 1 (part), 1986: Ord.118S
~ 1 (part), 1985)
13.21.120 Legislative intent.
It is the intent of the city commission that
the criminal offense listed in this chapter shall
be an offense involving absolute liability. Unless
specifically provided otherwise, this offense shall
not require proof of anyone of the mental
states described in subsections (33), (37), and
(58) of Section 45-2-101, M.C.A. (Ord. 1201
~ 1 (part), 1986: Ord. 1185 ~ 1 (part), 1985)
13.21.080-13.21.120
Division 2.
SEWERS
Chapter 13.24
SEWER SERVICE RULES AND
REGULATIONS
Sections:
Article 1. General Provisions
13.24.010 Regulations adopted-
Applicability.
13.24.020 Definitions.
Article 2. General Regulations
13.24.030 Purpose of provisions.
13.24.040 Applicability of provisions.
13.24.050 Regulations available to the
public.
13.24.060 Waiver of regulations-
Conditions.
Article 3. Service Provided
13.24.070 General service conditions.
13.24.080 Easements, rights-of-way and
permits furnished by customer.
13.24.090 Sewer service for customer use
only.
13.24.100 Access to premises for
inspection.
13.24.110 Extension of service to other
persons prohibited when.
13.24.120 Connections to be made by
authorized personnel.
Article 4. Service Agreement
13.24.130 Application and service
agreement- Effect.
226-1
(Bozeman 3-87)
13.24.010-13.24.020
Article 5. Credit and Deposits
13.24.140 Credit-Establishment required
when.
13.24.150 Credit-Residential service
requirements.
13.24.160 Deposits-Standards to be
applied uniformly.
13.24.170 Deposits-Prohibited standards
designated.
13.24.180 Deposits-Amount.
13.24.190 Deposits-Recordkeeping
requiremen ts.
13.24.200 Deposit-Interest payment
conditions.
13.24.210 Deposits-Refund conditions.
13.24.220 Guarantee-In lieu of deposit
when.
13.24.230 Guarantee-Terms and
conditions-Release of guarantee.
13.24.240 Guarantor released when.
Article 6. Service Conditions
13.24.250 Basis for supply of service.
13.24.260 Service provided only to existing
collection points.
13.24.270 Line-extension costs borne by
customer.
13.24.280 Application and other service
conditions.
13.24.290 Installation prerequisites and
procedures.
13.24.300 Billing-For multiple delivery
points or separate meters for
single customers.
13.24.310 Billing-Meter service-Penalty
for delinquent payments.
13.24.320 Billing-FIat-rate service-Penalty
for delinquent payments.
13.24.330 Adjustment of accounts
following repairs.
13.24.340 Continuity of service-Liability
limitations.
13.24.350 Suspension of service for repairs
and changes.
13 .24.360 Maintenance-Work performed
by utility.
(Bozeman 3"87)
13.24.3 70 Maintenance-Authorized
personnel required.
13.24.380 Violation of regulations-
Nonpayment of sewer charges
notice-Penalty.
Article 1. General Provisions
13.24.010 Regulations adopted-Applicability.
The city commission adopts the following
service regulations prescribing standards for
sewer service as provided under Montana Law.
These regulations supersede all rules, regu-
lations and supplements previously applicable
to municipal sewer utility operations. (Ord.
1081 ~ 1 (part), 1981)
13.24.020 Definitions.
As used in this chapter;
A. "Commission" means the Bozeman city
commission.
B. "Customer" means any individual, part-
nership, association, flrm, public or private cor-
poration or governmental agency, or any other
entity receiving sewer service from the utility.
C. "Point of delivery" means the point at
which the utility's facilities connect physically
to customer's facilities, the location of which
shall be designated by or satisfactory to utility,
unless otherwise defined in the service agree-
ment.
D. "Residential dwelling unit" means any
room or combination of rooms, including trail-
ers and mobile homes, with facilities for cook-
ing, designed for occupancy by one family.
E. Room. On flat-rate service, where the
charge is based on the number of rooms, any
flnished room with an area of eighty square feet
will be considered a "room." Bathrooms shall
have no minimum area requirements.
F. "Service agreement" means the agreement
or contract between utility and customer pur-
suant to which service is supplied and taken.
G. "Sewer service" or "service" means the
collection and treatment of waterbOrne wastes.
226-2
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H. "Utility" means the city of Bozeman and
its sewer service division, engaged in the business
of providing sewage collection and treatment
to its customers on its system in the state of
Montana. (Ord. 1081 @ 1 (Rule 1, @@ 1-1-1-8),
1981 )
Article 2. General Regulations
13.24.030 Purpose of provisions.
These service regulations are intended to
define good practice which can normally be
expected, but are not intended to exclude
other accepted standards and practices not
covered herein. They are intended to ensure
adequate service to the public and protect the
utility from unreasonable demands. (Ord.
1081 @ 1 (Rule 2, ~ 2-2),1981)
13.24.040 Applicability of provisions.
These service regulations govern the supply-
ing by the utility, and taking by its customers,
sewer service to the utility's sewer system.
These regulations are subject to revision, upon
approval by the commission, and supersede
all regulations, by whatever term designated,
which may heretofore govern the collection
and treatment of waterborne wastes. (Ord.
1081 @ 1 (Rule 2, @ 2-1),1981)
13.24.050 Regulations available to the public.
There shall be made available to the public at
the office of the commission and at the principal
offices of the utility copies of these service regu-
lations and the rate schedules, forms or agree-
ment for sewer collection and treatment stand-
ards of the utility. (Ord. 1081 @ 1 (Rule 2, @
2-3), 1981)
13.24.060 Waiver of regulations-Conditions.
In any case where compliance with any of
these rules introduces unusual difficulty, such
rule may be temporarily waived by the commis-
sion upon application of the utility or the
customer. If in any case compliance with a rule
13.24.030-13.24.100
would cost more than the results of such com-
pliance are worth, such rule may be permanently
set aside by the commission. (Ord. 1081 @ 1
(Rule 2, @ 2-4), 1981)
Article 3. Service Provided
13.24.070 General service conditions.
The utility agrees to furnish sewer services for
certain specified purposes, as contained in the
service agreement, for a certain specified sum
based either on a metered or nonmetered rate,
as hereinafter provided. (Ord. 1081 @ 1 (Rule
3, ~ 3-1),1981)
13.24.080 Easements, rights-of-way and
permits furnished by customer.
A customer, or prospective customer, must
furnish all easements, cleared rights-of-way
and permits necessary to enable the utility to
supply the se1"':ice required. (Ord. 1081 @ 1
(Rule 3, @ 3-5), 1981)
13.24.090 Sewer service for customer use
only.
If a customer furnishes other individuals or
entities with sewer services without permission
from the utility, or utilizes the sewer service
for other purposes than for which it was in-
tended, that customer is in violation of his
service agreement. Customers in violation of
their service agreements may have their water
service discontinued until such time as the
charge for such additional service has been paid,
together with the actual additional expense in-
curred by the utility in discontinuing or recon-
necting water service. (Ord. 1081 ~ I (Rule
3, @ 3-2), 1981)
13.24.100 Access to premises for inspection.
The utility's employees or representatives,
or other authorized persons, shall have access
at reasonable hours to enter any premises where
sewers are used, for the purpose of making
227
13.24.110-13.24.150
inspection, or investigation. (Ord. 1 081 ~ 1
(Rule 3, ~ 3-6), 1981)
13.24.110 Extension of service to other
persons prohibited when.
In no instance may the customer extend
his sewer facilities across or under a street, alley,
lane, court or avenue, or other public or private
space, existing under different ownership,
in order to obtain a rate advantage by taking
sewer service for two or more premises through
one connection. (Ord. 1081 ~ 1 (Rule 3, ~
3-3),1981)
13.24.120 Connections to be made by
authorized personnel.
With the exception of special installation
approved by the utility, no person or other
entity, other than agents, representatives or
employees of the utility shall connect to the
utility's collection system or service lines at-
tached thereto. (Ord. 1 081 ~ 1 (Rule 3, ~ 3-4),
1981 )
Article 4. Service Agreement
13.24.130 Application and service agreement-
Effect.
A utility may require a customer or prospec-
tive customer to sign one of the utility's stand-
ard application or service agreement forms.
The application or agreement shall be binding
only after acceptance by a duly authorized
representative of the utility. In case of accep-
tance of service by a customer prior to the
signing of such agreement, customer shall pay
for the service so furnished in accordance with
the applicable rate schedule or schedules in
force and shall abide by these service regu-
lations. (Ord. 1081 ~ I (Rule 4, ~ 4-1), 1981)
Article 5. Credit and Deposits
.
13.24.140 Credit-Establishment required
when.
The utility may at any time require from any
customer, or prospective customer, that it
establish credit as hereinafter set forth, or that
the customer or prospective customer deposit a
certain amount of funds to guarantee payment
of utility bills. Regulations regarding the estab~
lishment of credit and the filing of deposit to
guarantee payment are as hereinafter set forth.
(Ord. 1081 ~ 1 (Rule 5, ~ 5-1), 1981)
13.24.150 Credit-Residential service
requirements.
An applicant for residential utility service
may establish credit by demonstrating to the
utility anyone of the following factors:
A. Prior service with utility in question with-
in the previous twelve months during which for
at least six consecutive months service was
rendered and was not disconnected for failure
to pay the utility bill and no more than one
delinquency notice was served upon applicant;
B. Prior service with a utility of the same
type as that of which service is sought, with a
satisfactory payment record as demonstrated in
subsection A above, provided that the reference
may be quickly and easily checked by the
utility and the necessary information is pro-
vided;
C. Initiation or continuation of service to a
residence where prior customer still resides and
where any balance for such service to that prior
customer is past-due or owing;
D. Where the customer is a tenant or lessee
of rented property where the landlord or lessor
has not assumed, in writing, obligation to pay
the utility bill on behalf of the tenant or lessee,
or a satisfactory guarantor has not been fur-
nished as provided in subsection C of this sec-
tion;
E. Where the customer has, in an unautho-
rized manner, interferred with the service of the
utility situated or delivered on or about the
.
.
228
.
.
.
customer's premises within the last five years,
if the finding of unauthorized interference or
use is made and determined after notice and
opportunity for hearing is provided to the cus-
tomer and is not in dispute. (Ord. 1 081 ~ I
(Rule 5, @ 5-2), 1981)
13.24.160 Deposits-Standards to be applied
unifonnly.
A utility shall apply deposit standards uni-
formly as condition of utility service to all
residential customers. COrd. 1 081 ~ 1 (Rule 5,
@ 5-10), 1981)
13.24.170 Deposits-Prohibited standards
designated.
A utility shall not require a cash deposit or
other guarantee as a condition of new or con-
tinued residential utility service based upon
commercial credit standards (except as provided
in these rules), income, home ownership, resi-
dential location, race, color, creed, sex, age,
national origin, or any other criteria not autho-
rized by these rules. This rule does not prohibit
a utility from ensuring that agreements with
customers who may be incompetent, such as
minors, are made in such a manner and with
such persons, as to the legally binding. (Ord.
1081 @ 1 (Rule 5, ~ 5-5), 1981)
13.24.180 Deposits-Amount.
In instances where a deposit may be required
by the utility, the deposit shall not exceed one-
sixth of estimated annual billings. (Ord. 1081
~ I (Rule 5, ~ 5-6), 1981)
13.24.190 Deposits-Recordkeeping
requiremen ts.
A utility shall maintain a record of all depo-
sits received from customers, showing the name
of each depositor, the date and amount of the
deposit made, the location of the premises
occupied by the depositor at the time of making
the deposit, and each successive location while
the deposit is retained.
A. Each customer posting a cash deposit
13.24.160-13.24.210
shall receive in writing at the time of tender of
the deposit a receipt as evidence thereof, which
contains the following minimum information:
1. Name of customer;
2. Address of customer;
3. Place of payment;
4. Date of payment;
S. Amount of payment;
6. Identification of the employee receiving
the payment; and
7. Statement of the terms and conditions
governing the receipt, retention and return of
deposit funds.
B. A utility shall provide means whereby a
customer entilted to a return of his deposit is
not deprived of deposit funds even though he
may be unable to produce the original receipt
for the deposit. In such event, utility records
shall be controlling. (Ord. 1081 @ I (Rule 5,
~ 5-9), 1981)
13.24.200 Deposit-Interest payment
conditions.
Simple interest at the rate of six percent per
year on the amount of the deposit shall be paid
to the customer upon refund of such deposit,
or shall be paid annually to the customer upon
demand, provided the deposit has remained
intact with the utility for a period of at least six
months in order to earn such interest. Interest
shall cease on the date of termination of service
or refund of deposit. (Ord. 1081 @ I (Rule 5,
@5-7),1981)
13.24.210 Deposits-Refund conditions.
A. Utility may refund any customer's depo-
sit, or a part thereof, by check or by credit to
customer's account at any time, and any unpaid
interest due on the refund shall be paid to date
of refund on such portion of the deposit as has
been held intact by utility for six months or
more.
B. Deposit plus accrued interest shall be
refunded under the following circumstances and
in the following form:
1. Satisfactory Payment. Where the customer
229
13.24.220-13.24.280
fequests the refund, and has for eighteen con.
secutive months paid for service when due in a
prompt and satisfactory manner as evidenced
by the following:
a. The utility has not initiated disconnection
proceedings against the customer;
b. No more than two notices of delinquency
have been made to the customer by the utility;
2. Termination of Service. If the deposit is
not feturned as above pfovided, upon termina-
tion of service the utility shall return to the
customer the amount then on deposit plus
accrued interest, less any amounts due the
utility by the customer for service rendered.
(Ord. 1081 ~ I (Rule 5, ~ 5-8), 1981)
13.24.220 Guarantee-In lieu of deposit when.
In lieu of cash deposit fequired by these rules,
a utility shall accept written guarantee of a
responsible party as surety for a customer ser-
vice account; for the purpose of this rule, a
"responsible party" means:
A. Any individual Of business entity which
has maintained service with the utility in ques.
tion for the previous twenty-four months, and
who has not had service disconnected for failure
to pay and has received no more than two delin-
quency notices.
B. Any special fund identified in writing as
a guarantee and approved by the utility. (Ord.
1081 S 1 (Rule 5, ~ 5.11), 1981)
13.24.230 Guarantee-Terms and conditions-
Release of guarantee.
A guarantee accepted in accordance with
these rules is subject to the following terms and
condi tions:
A. It shall be in writing, and if necessary shall
be renewed in a similar manner annually;
B. It shall state the terms of guarantee, the
maximum amount guafanteed (such maximum
not to exceed an estimated one-year bill, such
estimation to be made at the time the service
is established), and that the utility shall not
hold the guarantor liable for sums in excess
thereof unless agreed to in a separate written
instrument. (Ord. 1081 S I (Rule 5, ~ 5-12),
1981)
.
13.24.240 Guarantor released when.
A. The guarantor shall be released, and upon
the satisfactory payment by the customer of all
property charges for utility service for a period
of twelve successive months. For purposes of
this section, payment is satisfactory if:
1. The utility has not initiated disconnection
proceedings against the customer;
2. No more than two notices of delinquency
have been made to the customer by the utility.
B. The utility may withhold the release of
the guarantor pending the resolution of a
disputed discontinuance. (Ord. I 081 ~ I (Rule
5, ~ 5-13), 1981)
Article 6. Service Conditions
13.24.250 Basis for supply of service.
Service will be supplied only under and pur-
suant to these service regulations, and any modi-
fications or additions thereto lawfully made,
and under such applicable rates, schedules and
contracts as may from time to time be lawfully
established. (Ord. 1081 S 1 (Rule 6, S 6-1),
1981 )
.
13.24.260 Service provided only to existing
collection points.
Service will be supplied under the applicable
rates, schedules and contracts only at points of
collection as are presently existing on the utility's
system. (Ord. 1081 S 1 (Rule 6, S 6-2), 1981)
13.24.270 Line-extension costs borne by
customer.
Line-extension costs will be borne by the
customer requesting that service. (Ord. 1081
S 1 (Rule 6, S 6-3), 1981)
13.24.280 Application and other service
conditions.
Application for the use of sewers from an
.
=--""
230
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existing service must be made at the city finance
office on a printed form provided for that purpose.
Service will be furnished to any customer who fully
and truly sets forth all the purposes for which water
may be required and who agrees to and conforms
with all the rules and regulations governing the
service, provided the purposes set forth comply with
all the utility's rules and regulations as on record
and approved by the commission, and that the exist-
ing utility sewer system is adequate to meet the use
for which the application is made. (Ord. 1081 ~ 1
(Rule 6, ~ 6-5), 1981)
13.24.290 Installation prerequisites and
procedures.
All sewer services to any premises shall be in-
stalled by a bonded installer, except under special
conditions approved and inspected by the utility. An
application for introduction of sewer service to any
premises must be signed by the owner or the
owner's designated agent, and must be made on a
regular form furnished by the utility for that pur-
pose. Prior to approval of such application the utility
may require the customer to establish credit or to
furnish a deposit as provided in Article 5 of this
chapter. The utility shall then install the service to
the property line, and the customer shall have the
service brought to the building by a bonded install-
er, agreed upon between utility and customer. (Ord.
1081 ~ 1 (Rule 6, ~ 6-6), 1981)
13.24.300 Billing-For multiple delivery
points or separate meters for
single customers.
Where separate points of delivery exist for sup-
plying service to a single customer, or separate
meters are maintained and provided for measure-
ment of service to a single customer, each point of
collection or metering shall be separately billed
under the applicable rates. (Ord. 1081 ~ 1 (Rule 6,
~ 6-4), 1981)
13.24.310 Billing-Meter service-Penalty
for delinquent payments.
All metered services shall be billed based on the
13.24.290---13.24.340
actual water consumed, based on rates and charges
on file with and approved by the commission. Pay-
ment is due upon receipt of the bill, and will be
considered delinquent if not paid by the fifteenth
day of the month in which it is received. If the bill
is not paid within thirty days after it has become
delinquent, the water service will be disconnected
after a ten-day written notice. Service shall not be
reinstated until delinquent charges are paid, together
with the cost incurred by the utility in disconnecting
or subsequently reconnecting the line. (Ord. 1081 ~
1 (Rule 6, ~ 6-13), 1981)
13.24.320 Billing-Flat-rate service-
Penalty for delinquent payments.
All flat-rate services shall be billed monthly in
advance, on or about the first day of each month,
based on rates and charges on file with and ap-
proved by the commission. Payment is due upon
receipt of the bill, and will be considered delinquent
if not paid by the fifteenth day of the month in
which it is received. If the bill is not paid within
thirty days after it has become delinquent, the sewer
service will be disconnected after a ten-day written
notice. Service will not be reinstated until delinquent
charges are paid, together with the cost incurred by
the utility in disconnecting and subsequently recon-
necting the line. (Ord. 1081 ~ 1 (Rule 6, ~ 6-13),
1981 )
13.24.330 Adjustment of accounts following
repairs.
Following completion of the repair of customer's
lines, the utility may adjust the customer's account
to the extent of actual water consumed retroactive
for three billing periods, commencing upon comple-
tion of the repair. The customer will be responsible
for notifying utility of the repair made. (Ord. 1081
~ 1 (Rule 6, ~ 6-7), 1981)
13.24.340 Continuity of service-Liability
limitations.
A. Utility shall make reasonable effort to avoid
interruptions of service, and when such interruptions
231
(Bozeman 6.96)
13.24.350-13.24.380
occur, shall reestablish service with reasonable dili-
gence.
B. Utility shall not be liable to customer or
others for failure or interruption of sewer service
due to acts of God, governmental regulations, court
or commission orders, acts of the public enemy,
strikes or labor difficulties, accidents, weather condi-
tions, acts of third parties, droughts or, without
limitation by the foregoing, any other cause beyond
the reasonable control of utility. (Ord. 1081 ~ 1
(Rule 6, ~ 6-8), 1981)
13.24.350 Suspension of service for repairs
and changes.
When it is necessary for the utility to make re-
pairs or to change its sewer collecting system, utility
may, without incurring any liability therefor, sus-
pend service for such period as may be reasonably
necessary, and in such manner as to minimize the
significance to customers. (Amended during 6-96
supplement; Ord. 1081 ~ 1 (Rule 6, ~ 6-10), 1981)
13.24.360 Maintenance-Work performed
by utility.
Once service to any customer has been installed,
the utility, at its own expense, shall maintain the
service lines up to the public right-of-way line, with
the exception that removal of tree roots and resultant
line repair shall be borne by the customer. (Ord.
1160, 1984: Ord. 1081 ~ 1 (Rule 6, ~ 6-9), 1981)
13.24.370 Maintenance-Authorized
personnel required.
With the exception of special installations ap-
proved by the utility, no person or other entity,
other than agents, representatives or employees of
the utility, shall maintain or repair the utility's sewer
system. (Ord. 1081 ~ 1 (Rule 6, ~ 6-11), 1981)
13.24.380 Violation of regulations-
Nonpayment of sewer charges
notice-Penalty.
For violation of any of these regulations, or for
nonpayment of sewer charges as provided in the
utility's schedule of rates and charges currently on
(Bozeman 6-96) 232
file with and approved by the commission, the utili- e
ty has the right to disconnect sewer service follow~
ing ten days' written notice to the customer. After
service has been discontinued, the same shall not be
reinstated until all delinquent charges are paid. Costs
of all disconnects and/or subsequent reconnects shall
be borne by the customer. (Ord. 1081 ~ 1 (Rule 6,
~ 6-12), 1981)
Chapter 13.28
SEWAGE DISPOSAL SYSTEM
Sections:
13.28.010
13.28.020
13.28.030
13.28.040
13.28.050
13.28.060
13.28.070
13.28.080
13.28.090
13.28.100
13.28.110
13.28.120
13.28.130
13.28.140
13.28.150
13.28.160
13.28.170
Purpose and policy.
Definitions.
Abbreviations.
Discharge prohibitions.
Wastewater dischargers.
Permit required for connection
or use.
Sand and grease traps.
Construction and materials
standards.
Use of old building sewers
permitted when.
Building sewer-Location.
Building sewer-Excavations.
Building sewer-Connection to
system-Specifications.
Building sewer-Inspection
requirements.
Connection to public sewer
required when.
Private sewage disposal
facilities-Restrictions.
Discharge of unpolluted waters
to sanitary sewer prohibited
unless approved.
Connecting downspouts or
drains to building sewers
prohibited when.
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13.28.180
13.28.190
13.28.200
13.28.210
13.28.220
13.28.230
13.28.240
13.28.250
13.28.260
13.28.270
13.28.280
13.28.290
13.28.300
13.28.310
13.28.320
13.28.330
13.28.340
Special agreements for sewage
treatment.
National Categorical
Pretreatment Standards.
State requirements.
Excessive discharge.
Accidental discharges-Notice
to employees-Control of slug
discharges.
Wastewater classification
survey.
Industrial discharge permit.
Monitoring facilities.
Sampling, analysis and
inspection.
Reporting and compliance
requirements.
Affirmative defenses.
Upsets.
Bypass.
Suspension and revocation of
permit.
Nuisance-Injunctive relief
available-Liability.
Criminal penalties.
Civil penalties.
13.28.010 Purpose and policy.
A. This chapter sets forth uniform requirements
for direct and indirect contributors into the
wastewater collection and treatment system for the
city and enables the city to comply with all applica-
ble state and federal laws required by the Clean
Water Act of 1977 and the General Pretreatment
Regulations (40 CPR, Part 403).
B. The objectives of this chapter are:
1. To prevent the introduction of pollutants into
the municipal wastewater system which will inter-
fere with the operation of the system or contaminate
the resulting sludge;
2. To prevent the introduction of pollutants into
the municipal wastewater system which will pass
through the system, inadequately treated, into receiv-
ing waters or the atmosphere or otherwise be incom-
patible with the system;
13.28.010-13.28.020
3. To improve the opportunity to recycle and
reclaim wastewaters and sludges from the system;
and
4. To provide for equitable distribution of the
cost of the municipal wastewater system.
C. This chapter provides for the regulation of
direct and indirect contributors to the municipal
wastewater system through the issuance of permits
to certain nondomestic users and through enforce-
ment of general requirements for the other users,
authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing
customer's capacity will not be preempted, and
provides for the setting of fees for the equitable
distribution of costs resulting from the program
established herein. (Ord. 1184 ~ 1 (part), 1985)
13.28.020 Definitions.
Unless the context specifically indicates other-
wise, the following terms and phrases, as used in
this chapter, shall have the meaning hereinafter
designated:
1. "Act" or "the Act" means the Federal Water
Pollution Control Act, also known as the Clean
Water Act (CWA), as amended, 33 U.S.c. 1251, et
seq.
2. Authorized Representative ofIndustrial User.
An "authorized representative of an industrial user"
may be:
a. A principal executive officer or an officer of
at least the level of vice-president, if the industrial
user is a corporation;
b. A general partner or proprietor if the industri-
al user is a partnership or proprietorship, respective-
ly;
c. A duly authorized representative of the indi-
vidual designated above if such representative is
responsible for the overall operation of the facilities
from which the indirect discharge originates.
3. "Biochemical Oxygen Demand (BOD)"
means the quantity of oxygen utilized in the bio-
chemical oxidation of organic matter under standard
laboratory procedure, five days at twenty degrees
centigrade expressed in terms of weight and concen-
tration (milligrams per liter (mgll)).
233
(Bozeman 6-96)
13.28.020
4. "Building drain" means that part of the lowest
horizontal piping of a drainage system which re-
ceives the discharge from soil, waste and other
polluted waters drainage pipes inside the walls of
buildings and conveys it to the building sewer,
beginning five feet outside the inner face of the
building wall.
5. "Building sewer" means the extension from
the building drain to the public sewer or other place
of disposal.
6. "Bypass" means the diversion of waste
streams from any portion of an industrial user's
treatment facility directly to the POTW.
7. "Categorical standards" means National Cate-
gorical Pretreatment Standards or pretreatment stan-
dard.
8. "City" means the city of Bozeman, Montana_
9. "Combined sewer" means a sewer receiving
both surface runoff and sewage.
10. "Cooling water" means the water discharged
from any use such as air conditioning, cooling or
refrigeration, or to which the only pollutant added
is heat.
11. "Direct discharge" means the discharge of
treated or untreated wastewater directly to the waters
of the state of Montana.
12. "Engineer" means the city engineer, or his
authorized deputy, agent or representative.
13. "Estimated maximum daily discharge" means
the greatest discharge into the sewerage system
which it is estimated will occur in anyone twenty-
four-hour day during the year.
14. "Garbage" means solid wastes from the prep-
aration, cooking and dispensing of food, and from
the handling, storage and sale of produce.
15. "Grab sample" means a sample which is
taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and with-
out consideration of time.
16. "Holding tank waste" means any waste from
holding tanks such as chemical toilets, campers,
trailers, septic tanks and vacuum pump tank trucks.
17. "Indirect discharge" means the discharge or
the introduction of nondomestic pollutants from any
source regulated under Section 307(b) or (c) of the
(Bozeman 6-96) 234
Act, (33 D.S.C. 1317), into the publicly owned
treatment works (POTW).
18. "Industrial user" means any user that dis-
charges wastewater other than domestic wastes from
industrial or commercial processes.
19. "Industrial wastes" means the liquid wastes
from industrial processes, as distinct from sanitary
sewage.
20. "Interference" means the inhibition or dis-
ruption of the POTW treatment processes or opera-
tions which contributes to a violation of any require-
ment of the city's NPDES permit. The term includes
prevention of sewage sludge use or disposal by the
POTW in accordance with Section 405 of the Act
(33 D.S.C. 1345) or any criteria, guidelines or regu-
lations developed pursuant to the Solid Waste Dis-
posal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act, or more stringent state
criteria (including those contained in any state
sludge management plan prepared pursuant to Title
IV of SWDA) applicable to the method of disposal
or use employed by the POTW.
21. "National Categorical Pretreatment Standard"
or "pretreatment standard" means any regulation
containing pollutant discharge limits promulgated in
accordance with Section 307 (b) and (c) of the Act
(33 D.S.C. 1347) which applies to a specific catego-
ry of industrial users.
22. "National Pollution Discharge Elimination
System permit" or "NPDES permit" means a permit
issued pursuant to Section 402 of the Act (33 D.S.C.
1342).
23. "National Prohibitive Discharge Standard" or
"Prohibitive Discharge Standard" means any regula-
tion developed under the authority of 307(b) of the
Act and 40 CFR, Section 403.5, as amended.
24. "Natural outlet" means any outlet into a wa-
tercourse, pond, ditch, lake or other body of surface
or ground water.
25. "New source" means any source, the con-
struction of which is commenced after the publica-
tion of proposed regulations prescribing Section
307(c) (33 D.S.C. 1317), Categorical Pretreatment
Standard, which will be applicable to such source,
if such standard is thereafter promulgated within one
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hundred twenty days of proposal in the Federal
Register. Where the standard is promulgated later
than one hundred twenty days after proposal, a new
source means any source, the construction of which
is commenced after the date of promulgation of the
standard.
26. "Pass-through" means a discharge which exits
the POTW into waters of the state in quantities or
concentrations which alone or in conjunction with
a discharge or discharges from other sources, is a
cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in
the magnitude or duration of a violation).
27. "Person" means any individual, business
association, partnership, corporation or other legal
entity.
28. "pH" means the logarithm (base 10) of the
reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
29. "Pollutant" means any dredged spoil, solid
waste, incinerator residue, wastewater, garbage,
sewage sludge, munitions, chemical wastes, biologi-
cal material, radioactive material, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste dis-
charge into water.
30. "Pollution" means the manmade or man-in-
duced alteration of the chemical, physical, biological
and radiological integrity of water.
31. "POTW treatment plant" means that portion
of the POTW designed to provide treatment to
wastewater.
32. "Pretreatment" or "treatment" means the
reduction of the amount of pollutants, the elimina-
tion of pollutants, or the alteration of the nature of
pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The re-
duction or alteration can be obtained by physical,
chemical or biological processes, or process changes
by other means, except as prohibited by 40 CFR
Section 403.6(d).
33. "Properly shredded garbage" means the
wastes from the preparation, cooking and dispensing
of foods that have been shredded to such a degree
13.28.020
that all particles will be carried freely under the
flow conditions normally prevailing in public sew-
ers, with no particle greater than one-half inch in
any dimension.
34. "Publicly owned treatment works (POTW)"
means a treatment works as defmed by Section 212
of the Act (33 U.S.c. 1292) which is owned in this
instance by the city. This definition includes any
sewers that convey wastewater to the POTW treat-
ment plant, but does not include pipes, sewers or
other conveyances not connected to a facility pro-
viding treatment. For the purposes of this chapter,
POTW shall also include any sewers that convey
wastewaters to the POTW from persons outside the
city who are, by permit, contract or agreement with
the city, users of the city's POTW.
35. "Public sewer" means a sewer in which all
owners of abutting properties have equal rights and
which is controlled by the city.
36. "Sanitary sewer" means a sewer which carries
sewage and to which storm, surface and ground
waters are not intentionally admitted.
37. "Severe property damage" means substantial
physical damage to property, or significant opera-
tional interference, or substantial and permanent loss
of natural resources which can reasonably be expect-
ed to occur in the absence of a bypass. Severe prop-
erty damage does not mean economic loss caused
by delays in production.
38. "Sewer" means a pipe or conduit for carrying
sewage.
39. "Shall" is mandatory; "may" is permissive.
40. Significant Industrial User. Except as provid-
ed in Section 13.28.24OC the term "significant in-
dustrial user" means:
a. All industrial users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40
CFR Chapter 1, Subchapter N; and
b. Any other industrial user that discharges an
average of twenty-five thousand gallons per day or
more of process wastewater to the POTW (exclud-
ing sanitary noncontact cooling and boiler
blowdown wastewater); contributes a process
wastestream which makes up five percent or more
of the average dry weather hydraulic or organic
235
(Bozeman 6-%)
13.28.030-13.28.040
capacity of the POTW treatment plant; or is desig-
nated as such by the engineer on the basis that the
industrial user has a reasonable potential for ad-
versely affecting the POTW's operation or for vio-
lating any pretreatment standard or requirement.
41. "Slug discharges" means any nonroutine
discharge, episodic in nature, including but not
limited to an accidental spill or a noncustomary
batch discharge.
42. "Standard Industrial Classification (SIC)"
means a classification pursuant to the Standard
Industrial Classification Manual issued by the Exec-
utive Office of the President, Office of Management
and Budget, 1972.
43. "State" means the state of Montana.
44. "Storm sewer" or "storm drain" means a sew-
er which carries storm and surface waters and drain-
age, but excludes sewage and polluted industrial
wastes.
45. "Stormwater" means any flow occurring
during or following any form of natural precipitation
and resulting therefrom.
46. "Suspended solids" means solids that either
float on the surface or are in suspension in water,
sewage or other liquids, and which are removable
by laboratory filtering.
47. "Toxic pollutant" means any pollutant or
combination of pollutants listed as toxic in regu-
lations promulgated under the provisions of CW A
307(a) or other acts.
48. "Upset" means an incident, beyond the rea-
sonable control of the industrial user, that causes the
user to be in unintentional and temporary noncom-
pliance with categorical pretreatment standards.
Upsets do not include noncompliance caused by
operational error, improperly designed treatment
facilities, lack of preventive maintenance, or careless
or improper operation.
49. "User" means any person who contributes,
causes or permits the contribution of wastewater into
the city's POTW.
50. "Wastewater" means the liquid and water-
carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities and insti-
tutions, together with such ground, surface and
(BoZA:man 6-%) 236
storm waters as may be present, whether treated or
untreated, which is contributed into or permitted to
enter the POTW.
51. "Wastewater contribution permit" shall have
the meaning as set forth in Section 13.28.240 of this
chapter.
52. "Watercourse" means a channel in which a
flow of water occurs, either continuously or inter-
mittently.
53. "Waters of the state" means all streams,
lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation sys-
tems, drainage systems and all other bodies or accu-
mulations of water, surface or underground, natural
or artificial, public or private, which are contained
within, flow through, or border upon the state or
any portion thereof. (Ord. 1390 ~ 1, 1994: Ord.
1184 ~ 1 (part), 1985)
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13.28.030 Abbreviations.
The following abbreviations shall have the desig-
nated meanings:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
COD Chemical oxygen demand
CW A Clean Water Act
1 Liter
mg Milligrams
mg/l Milligrams per liter
NPDES National Pollutant Discharge
Elimination System
Publicly owned treatment works
Standard Industrial Classification
Solid Waste Disposal Act, 42 V.S.C.
6901, et seq.
USC United States Code
TSS Total suspended solids
(Ord. 1184 ~ 1 (part), 1985)
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POTW
SIC
SWDA
13.28.040 Discharge prohibitions.
A. No user shall contribute or cause to be con-
tributed, directly or indirectly, any pollutant or
wastewater which will cause pass-through or inter-
fere with the operation or performance of the
POTW. These general prohibitions apply to all such
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users of a POTW whether or not the user is subject
to National Categorical Pretreatment Standards or
any other national, state or local pretreatment stan-
dard or requirements. A user may not contribute the
following substances to any POTW:
1. Any liquids, solids or gases which by reason
of their nature or quantity are, or may be sufficient
either alone or by interaction with other substances
to cause fire or explosion or be injurious in any
other way to the POTW or to the operation of the
POTW including, but not limited to, waste streams
with a closed cup flash point of less than one hun-
dred forty degrees Fahrenheit or sixty degrees centi-
grade using the test methods specified in 40 CPR
261.21. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketone, aldehydes,
peroxides, chlorates, perchlorates, bromates, car-
bides, hydrides and sulfides and any other substanc-
es which constitutes a fire or explosion hazard;
2. Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interfer-
ence with the operation of the wastewater treatment
facilities. Prohibited materials include but are not
limited to: fats, oils, grease, garbage with particles
greater than one-half inch in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics,
paint, gas, tar, asphalt residues, residues from refm-
ing, or processing of fuel or lubricating oil, mud, or
glass grinding or polishing wastes;
3. Any wastewater having a pH less than 5.0 or
greater than 9.0, or wastewater having any other
corrosive property capable of causing damage or
hazard to structures, equipment and/or personnel of
the POTW;
4. Any wastewater containing toxic pollutants
in sufficient quantity, which either singly or by
interaction with other pollutants, injures or interferes
with any wastewater treatment process, constitutes
a hazard to humans or animals, creates a toxic effect
in the receiving waters of the POTW, or exceeds the
13.28.040
limitation set forth in a categorical pretreatment
standard. A toxic pollutant shall include butnot be
limited to any pollutant identified pursuant to Sec-
tion 307(a) of the Act;
5. Any noxious or malodorous liquids, gases or
solids which either singly or by interaction with
other wastes are sufficient to create a public nui-
sance or hazard to life, or which create the presence
of toxic gases, vapors or fumes within in the POTW
in a quantity that may cause acute worker health and
safety problems, or are sufficient to prevent entry
into the sewers for maintenance and repair;
6. Any substance which may cause the POTW's
effluent or any other product of the POTW such as
residues, sludges or scums, to be unsuitable for
reclamation and reuse or to interfere with the recla-
mation process. In no case, shall a substance dis-
charged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section
405 of the Act; any criteria, guidelines or regula-
tions affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean
Air Act, the Toxic Substances Control Act, or state
criteria applicable to the sludge management method
being used;
7. Any substance which will cause the POTW
to violate its NPDES and/or state disposal system
permit or the receiving water quality standards;
8. Any wastewater with objectionable color not
removed in the treatment process, such as but not
limited to, dye wastes and vegetable tanning solu-
tions;
9. Any wastewater having a temperature that
will cause the temperature of the wastewater plant
influent to exceed forty degrees centigrade (one
hundred four degrees Fahrenheit) or will inhibit
biological activity of the wastewater treatment;
10. Any pollutants, including oxygen demanding
pollutants (BOD, etc.) released at a flow rate and/or
pollutant concentration which will cause interference
to the POTW;
11. Any wastewater containing any radioactive
wastes or isotopes of such half-life or concentration
as may exceed established limits;
237
(Bozeman 6-96)
13.28.050--13.28.100
12. Any septic tank pumpings or material taken
from cesspools, privies or other sewage treatment
systems;
13. Any water or waste which may contain more
than twenty-five parts per million, by weight, of fat,
oil or grease;
14. Any petroleum oil, nonbiodegradable cutting
oil, or products of mineral oil origin in amounts that
will cause interference or pass-through;
15. Any trucked or hauled pollutants, except as
may be approved by the engineer and at discharge
points as may be designated by the city.
B. When it is determined that a user(s) is con-
tributing to the POTW, any of the above-enumerated
substances in such amounts as to interfere with the
operation of the POTW, then the engineer shall:
1. Advise the user(s) of the impact of the contri-
bution on the POTW; and
2. Develop effluent limitation(s) for such user
to correct the interference with the POTW.
C. Upon such notification, the user shall develop
a pretreatment program and comply with the condi-
tions set forth in this chapter, particularly Sections
13.28.220 through 13.28.310, inclusive_ (Ord. 1390
~ 2, 1994: Ord. 1184 ~ 1 (part), 1985)
13.28.050 Wastewater dischargers.
No person shall discharge any wastewater to any
natural outlet within the city or to the POTW except
as authorized by the city. (Ord. 1184 ~ 1 (part),
1985)
13.28.060 Permit required for connection or
use.
No authorized person shall uncover, make any
connections with or opening into, use, alter or dis-
turb any public sewer or appurtenance thereof with-
out first obtaining a written permit from the city.
(Ord. 1184 ~ 1 (part), 1985)
13.28.070 Sand and grease traps.
A. No person operating a filling station, garage,
car wash or similar place having wash or grease
racks shall discharge into the wastewater utility
unless such place is provided with a sand and grease
(Bozeman 6-96) 238
trap of a size and construction approved by the
engineer. Each owner shall submit a detailed draw~
ing and design criteria for the sand and grease trap.
The operator of a restaurant or food preparation
establishment discharging wastewater containing
greater than twenty-five mgll of oil and grease or
that has a recurrence with grease buildup or block-
age of sewer lines shall immediately install an ap-
proved grease trap. All sand and grease traps shall
be properly maintained and serviced at the owner's
expense.
B. Records of maintenance and service for the
sand and grease trap shall be made available to the
city upon request by the engineer. (Ord. 1390 ~ 3,
1994: Ord. 1184 ~ 1 (part), 1985)
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13.28.080 Construction and materials
standards.
The size, slope, alignment, materials of construc-
tion of all sanitary sewers including building sewers,
and the methods to be used in excavating, placing
of the pipe, joining, testing and backfilling the
trench, shall conform to the requirements of the
building and plumbing code or other applicable
rules and regulations of the city. In the absence of
suitable code provisions or in amplification thereof,
the materials and procedures set forth in appropriate
specification of A.S.T.M_ and W.P.C.F. Manual of
Practice No.9 shall apply. (Ord. 1184 ~ 1 (part),
1985)
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13.28.090 Use of old building sewers
permitted when.
Old building sewers may be used in connection
with new buildings only when they are found, on
examination and test by the engineer, to meet all
requirements of this chapter. (Ord. 1184 ~ 1 (part),
1985)
13.28.100 Building sewer-Location.
Whenever possible, the building sewer shall be
brought to the building at an elevation below the
basement floor. In all buildings in which any build-
ing drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such build-
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ing drain shall be lifted at the user's expense by an
approved means and discharged to the building
sewer. (Ord. 1184 ~ 1 (part), 1985)
13.28.110 Building sewer-Excavations.
All excavations for building sewer installation
shall be adequately guarded with barricades and
lighted so as to protect the public from hazard.
Streets, sidewalks, parkways and other public prop-
erty disturbed in the course of the work shall be
restored in a manner satisfactory to the engineer.
(Ord. 1184 ~ 1 (part), 1985)
13.28.120 Building sewer-Connection to
system-Specifications.
The connection of the building sewer into the
public sewer shall conform to the requirements of
the building and plumbing code and other applicable
rules and regulations of the city, or the procedures
set forth in appropriate specifications of the
A.S.T.M. and the W.P.C.F. Manual of Practice No.
9. All such connections shall be made gastight and
watertight, and verified by proper testing. Any devi-
ation from the prescribed procedures and materials
must be approved in writing by the city before
installation. (Ord. 1184 ~ 1 (part), 1985)
13.28.130 Building sewer-Inspection
requirements.
The applicant for the building sewer permit shall
notify the city when the building sewer is ready for
inspection and connection to the public sewer. The
connection and testing shall be made under the
supervision of the city's building department. (Ord.
1390 ~ 4, 1994: Ord. 1184 ~ 1 (part), 1985)
13.28.140 Connection to public sewer
required when.
The owner of any house, building or other prop-
erty used for human occupancy, employment or
recreation, which is situated within the city and
abuts on any street, alley or right-of-way in which
there is located a public sanitary lateral sewer of the
city within one hundred feet of the property line,
shall install suitable toilet facilities therein at his
13 .28.110---13 .28 .180
own expense and connect such facilities directly
with the proper sewer. The connection shall be
made within ninety days after such owner is given
official notice to make the connection by the city.
Connection to the public sewer may also be required
in accordance with the provisions of Section
18.50.030D. (Ord. 1390 ~ 5, 1994: Ord. 1184 ~ 1
(part), 1985)
13.28.150 Private sewage disposal
facilities-Restrictions.
It is unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility
intended or used for the disposal of sewage, unless
such facility is approved by the Gallatin County
health department. (Ord. 1390 ~ 6, 1994: Ord. 1184
~ 1 (part), 1985)
13.28.160 Discharge of unpolluted waters to
sanitary sewer prohibited unless
approved.
No person shall discharge or cause to be dis-
charged any stormwater, surface water, groundwater,
roof runoff or subsurface drainage into any sanitary
sewer, except, however, that industrial cooling water
or unpolluted water may be discharged into a sani-
tary sewer upon approval of the engineer. (Ord.
1184 ~ 1 (part), 1985)
13.28.170 Connecting downspouts or drains
to building sewers prohibited
when.
No person shall make connection of roof
downspouts, foundation drains, areaway drains, or
other sources of surface runoff or groundwater to a
building sewer or building drain which in turn is
connected directly or indirectly to a public sanitary
sewer. (Ord. 1184 ~ 1 (part), 1985)
13.28.180 Special agreements for sewage
treatment.
No statement contained in this chapter shall be
construed as preventing any special agreement or
arrangement between the city and any industrial
concern whereby an industrial waste of unusual
239
(Bozeman 6-96)
13.28.190-13.28.220
strength or character may be accepted by the city for
treatment. Such agreement shall not include the
waiver of National Categorical Pretreatment Stan-
dards. (Ord. 1184 ~ 1 (part), 1985)
13.28.190 National Categorical Pretreatment
Standards.
Upon the promulgation of the National Categori-
cal Pretreatment Standards for a particular industrial
subcategory, the national standard, if more stringent
than limitations imposed under this chapter for
sources in that subcategory, shall immediately super-
sede the limitations imposed under this chapter.
(Ord. 1184 ~ 1 (part), 1985)
13.28.200 State requirements.
State requirements and limitations on discharges
shall apply in any case where they are more strin-
gent than national requirements and limitations or
those in this chapter. (Ord. 1184 ~ 1 (part), 1985)
13.28.210 Excessive discharge.
No user shall ever increase the use of process
water or, in any way, attempt to dilute a discharge
as a partial or complete substitute for adequate
pretreatment to achieve compliance with the limita-
tions contained in this chapter. (Ord. 1184 ~ 1
(part), 1985)
13.28.220 Accidental discharges-Notice to
employees-Control of slug
discharges.
A. Each user with the potential to contribute
prohibited substances as outlined in Section
13.28.040, shall provide protection from accidental
discharge of prohibited materials or other substances
regulated by this chapter. Facilities to prevent acci-
dental discharge of prohibited materials shall be
provided and maintained at the user's own cost and
expense. Detailed plans showing facilities and oper-
ating procedures to provide this protection shall be
submitted to the engineer for review, and shall be
approved by the engineer before construction of the
facility. No user shall introduce industrial wastes
into the system until accidental discharge procedures
(Bozeman 6-96) 240
have been approved by the city. Review and ap-
proval of such plans and operating procedures shall
not relieve the industrial user from the responsibility
to modify the user's facility as necessary to meet the
requirements of this chapter. In the case of an acci-
dental discharge, it is the responsibility of the user
to immediately telephone and notify the POTW
treatment plant of the incident. The notification shall
include location of discharge, type of waste, concen-
tration and volume, and corrective actions.
B. Within five days following an accidental
discharge the user shall submit to the engineer a
detailed written report describing the cause of the
discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notifica-
tion shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as
a result of damage to the POTW, fish kills, or any
other damage to person or property; nor shall such
notification relieve the user of any civil or criminal
penalties or other liability which may be imposed by
this chapter or other applicable law.
C. Each user shall permanently post on the
user's bulletin board or other prominent place advis-
ing employees whom to call in the event of a dan-
gerous discharge. Each user shall advise all employ-
ees who may cause or suffer such a dangerous dis-
charge to occur ofthe emergency notification proce-
dure.
D. The city may evaluate, at any time, whether
each significant industrial user needs a plan to con-
trol slug discharges. If the city decides that a slug
control plan is needed, the plan shall contain, at a
minimum, the following elements:
1. A description of discharge practices, includ-
ing nonroutine batch discharges;
2_ Description of stored chemicals;
3. Procedures for immediately notifying the
POTW treatment plant of slug discharges, including
any discharge that would violate a prohibition in
Section 13.28.040; and
4. If necessary, procedures to prevent adverse
impact from accidental spills, including inspection
and maintenance of storage areas, handling and
transfer of materials, loading and unloading opera-
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tions, control of plant site runoff, worker training
and the building of containment structures or equip-
ment. (Ord. 1390 ~ 7, 1994: Ord. 1184 ~ 1 (part),
1985)
13.28.230 Wastewater classification survey.
A. All industrial users shall complete and file
with the engineer a wastewater classification survey
containing the following information prior to dis-
charging into the municipal wastewater system:
name and facility address; type of services rendered
and products produced; principal raw materials and
catalysts used; plant operational characteristics;
water use information; wastewater discharge infor-
mation; wastewater quantities and constituents;
wastewater pretreatment; a plot plan of sewers on
the user's property showing sewer and pretreatment
monitoring facility locations; details of systems to
prevent and control the losses of materials through
spills to the POTW; and nondischarge wastes and
their disposal.
B. All industrial users obtaining a building per-
mit for initial construction or for building expansion
or remodel shall complete and submit the survey to
the engineer for review prior to approval of said
building or remodel permit.
C. All industrial users shall update the
wastewater classification survey on file with the
engineer whenever significant changes are made in
the wastewater discharge. Significant changes in-
clude without limitation, an increase or decrease in
wastewater volume, concentration of materials or
substances or changes in types of wastes that will
last for a period exceeding normal wastewater pro-
duction variations. The engineer may request a new
submittal of the wastewater classification survey as
deemed necessary. (Ord. 1390 ~ 8, 1994: Ord. 1184
~ 1 (part), 1985)
13.28.240 Industrial discharge permit.
A. A significant industrial user shall obtain an
industrial discharge permit renewable every three
years at the initial cost of one hundred dollars and
a renewal fee of fifty dollars if the user:
13.28.230-13.28.240
1. Is subject to National Categorical Pretreat-
ment Standards; or
2. Is determined by the engineer to have signifi-
cant impact, either singly or in combination with
other contributing industrial users, on the quality of
the wastewater treatment plant's effluent, sludge,
scum or residues, or such that interference with the
treatment process or facilities would result.
B. Existing significant industrial users shall
apply for a wastewater discharge permit within sixty
days after the effective date of the ordinance codi-
fied in this chapter and proposed new significant
industrial users shall apply at least sixty days prior
to discharging into the wastewater utility. The appli-
cation shall include a statement regarding whether
or not applicable pretreatment standards are being
met on a consistent basis, and, if not, what addition-
al operation and maintenance and/or additional
pretreatment is required to meet the standards.
C. The engineer may at any time, and in accor-
dance with 40 CPR 403.8(f)(6), determine that an
industrial user meeting the criteria of Section
13.28.020(40) is not a significant industrial user if
the user has no reasonable potential for adversely
affecting the POTW's operation or for violating any
pretreatment standard or requirement.
D. Industrial wastewater permits are subject to
all provisions of this chapter and all other applicable
reports, regulations, user charges and fees estab-
lished by the city. Permits may contain, without
limitation, the following:
1. A statement of duration;
2. A statement of nontransferability;
3. Effluent limits based on applicable general
pretreatment standards, categorical pretreatment
standards, local limits, and state and locallaw;
4. Limits on average and maximum rate and
time of discharge or requirements for flow regula-
tion and equalization;
5. Schedules for installation of pretreatment
equipment to bring discharge into compliance with
applicable regulations;
6. Requirements for installation and maintenance
of inspection and sampling facilities;
241
(Bozeman 6-96)
13.28.250
7. Specifications for monitoring programs that
include sampling locations; frequency of sampling;
number, type and standards for tests; and reporting
schedules;
8. Requirements for submission of technical
reports, discharge reports and compliance progress
report;
9. Requirements for maintaining and retaining
records relating to wastewater discharge as specified
by the city and affording city access thereto;
10. Requirements for notification of the city to
the new introduction of wastewater constituents or
any change in character of the wastewater constit-
uents or average volume being introduced into the
wastewater utility;
11. A statement of applicable civil and criminal
penalties for violation of pretreatment standards and
requirements, and any applicable compliance sched-
ule. Such schedules may not extend the compliance
date beyond applicable federal deadlines; and
12. Other conditions as deemed necessary by the
engineer in order to enforce the provisions of this
chapter.
E. The engineer shall issue industrial discharge
permits for a specified time period not to exceed
three years. The industrial user shall apply for per-
mit reissuance at least thirty days prior to the expi-
ration of the user's existing permit. The terms and
conditions for the permit may be subject to modifi-
cation by the engineer during the term of the permit
if limitations or requirements are modified, if neces-
sary to meet requirements of the city's NPDES
discharge permit to accommodate new or increased
contributions of wastewater or changes in the nature
of the wastewater, or if there is other good causeo
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
F. An applicant for a permit shall pay the pre-
scribed fees.
G. A wastewater discharge permit may not be
sold, traded, assigned, transferred or sublet. Any
new significant industrial user must obtain a
wastewater discharge permit regardless of whether
a permit previously existed for the same premises.
(Ord. 1390 ~ 9, 1994: Ord. 1184 ~ 1 (part), 1985)
(Bozeman 6-%) 242
13.28.250 Monitoring facilities.
A. All significant industrial users shall provide
and operate, at their expense, monitoring equipment
and facilities sufficient to allow inspection, sampling
and flow measurements of the private sewer or
internal drainage system.
B. The monitoring facility shall normally be
situated outside of the building on the user's premis-
es. If the industrial user's service line ties into an
existing city manhole and such manhole allows for
safe sampling and isolation of the industrial user's
discharge, the engineer may allow said manhole to
serve as the industrial user's monitoring facility.
C. Any significant industrial user or user dis-
charging prohibited substances or specific pollutants
into the POTW shall install a monitoring facility for
each separate discharge. Each separate monitoring
facility shall meet requirements set forth by the
engineer with safe and independent access for city
personnel at all times.
D. There shall be ample room in or near such
monitoring manhole or facility to allow accurate
sampling and preparation of samples for analysis.
The industrial user shall maintain and operate its
own monitoring facility and all sampling and mea-
suring equipment at all times in a safe and proper
operating condition at the industrial user's expense.
E. Whether constructed on public or private
property, the industrial user shall construct the sam-
pling and monitoring equipment and facilities in
accordance with monitoring requirements and all
applicable local construction standards and specifica-
tions within sixty days following written notification
by the engineer or before final building inspection
approval.
F. All industrial users shall provide safe access
to sampling and monitoring sites and pretreatment
facilities at all times for authorized city personnel.
G. The city may inspect the facilities of any
industrial user to determine whether the intent of
this chapter and all applicable requirements are
being met. Owners, employees or occupants of
premises where wastewater is discharged shall allow
city representatives or agents ready access at all
reasonable times to all parts of the premises where
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wastewater is created or discharged, including indus-
trial process areas, for the purpose of inspection,
sampling, records examination and copying, or
performance evaluation. Where an industrial user
has security measures in force which require proper
identification and clearance before entry into indus-
trial user's premises, the industrial user shall make
necessary arrangements with the security personnel
so that upon presentation of suitable identification,
personnel authorized by the city, the state, or United
States Environmental Protection Agency will be
permitted to enter without delay for the purpose of
performing their specific responsibilities under this
article. (Ord. 1390 ~ 10, 1994: Ord. 1184 ~ 1 (part),
1985)
13.28.260 Sampling, analysis and inspection.
A. All industrial users shall obtain the engineer's
approval for all sampling and measuring equipment
prior to its installation or use. All measuring, test
and analyses and all sampling that the industrial user
is required to make shall be done at his/her own
expense.
B. All industrial users shall make all measure-
ments, tests, sampling and analyses required by this
chapter in accordance with the techniques prescribed
in 40 CPR 136 and amendments thereto. The engi-
neer may direct an industrial user to deliver a split
sample to a designated laboratory for analytical
verification.
C. The engineer shall determine the frequency
of sampling, measuring and analyses and include
them as conditions of the user's industrial discharge
permit. The engineer may impose mass limitations
on industrial users that use flow equalization to meet
applicable standards or requirements or in other
cases where imposition of mass limitations are ap-
propriate.
D. The city may place upon the industrial user's
property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or
metering operations.
E. Sampling and analysis may be performed by
the city in lieu of the industrial user. Where the city
itself collects all the information required for the
13 .28.260---13 .28.270
report, the industrial user may be excused from
submitting duplicate test data results.
F. The city may randomly sample and analyze
the effluent from industrial users and conduct sur-
veillance activities in order to identify, independent
of information supplied by the industrial users,
occasional and continuing noncompliance with pre-
treatment standards.
G. The city shall inspect and sample the effluent
from each significant industrial user at least once a
year. (Ord. 1390 ~ 11, 1994: Ord. 1184 ~ 1 (part),
1985)
13.28.270 Reporting and compliance
requirements.
A. All significant industrial users required to
meet categorical pretreatment standards must submit
the reports required in 40 CPR 403.12. All reports
shall be based on sampling and analysis performed
during the period covered by the report, and per-
formed in accordance with the techniques described
in 40 CPR Part 136 and amendments thereto. All
reports shall be signed by an authorized representa-
tive of the industrial user and certified by a qualified
professional. All industrial users that have permits
or that have the potential to discharge prohibited
substances or specific pollutants that may cause a
significant impact on the POTW shall submit to the
engineer semiannual compliance reports at the times
designated on the permit, and containing information
and data as required by the permit including but not
limited to the following:
1. The name and address of the industrial user
including the name of the operator and owners;
2. Any environmental control permits held by
or for the industrial user;
3. A brief description of the nature and average
rate of production by the industrial user;
4. A brief description of the Standard Industrial
Classification of the operation(s) carried out by the
industrial user;
5. Building plans or details that indicate all
points of discharge to the city sewer system from
the regulated process;
243
(Bozeman 6-96)
13.28.270
6. The measured average daily and maximum
daily flow, in gallons per day, to the POTW from
each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of
the combined waste stream formula of 40 CFR
403.6(e). All flows shall be measured unless cost or
feasibility justify allowing a verifiable estimate of
the flow;
7. Nature and concentration of pollutants or
materials prohibited in the discharge;
8. A statement indicating whether pretreatment
standards are being met on a consistent basis, and,
if not, whether additional operation and maintenance
and/or additional pretreatment is required for the
industrial user to meet the requirements; and
9. If additional pretreatment and/or operation
and maintenance will be required to meet the re-
quirements, the industrial user shall supply the
shortest schedule by which the industrial user will
provide such additional pretreatment and/or opera-
tion and maintenance.
B. An industrial user is in significant noncompli-
ance if its violation meets one or more of the fol-
lowing criteria:
1. Chronic violation of wastewater discharge
limits, defined here as those in which sixty-six
percent or more of all the measurements taken dur-
ing a six-month period exceed (by any magnitude)
the daily maximum limit or the average limit for the
same pollutant parameter;
2. Technical review criteria (TRC) violation,
defined here as those in which thirty-three percent
or more of all the measurements for each pollutant
parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or
the average limit multiplied by the applicable TRe
(TRC = 1.4 for BOD, TSS, fats, oil and grease, and
1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that
the engineer determines has caused, alone or in
combination with other discharges, interference or
pass-through (including endangering the health of
POTW personnel or the general public);
(Bozeman 6-96) 244
4. Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or
to the environment or has resulted in the POTW's
exercise of its emergency authority to halt or pre-
vent such a discharge;
5. Failure to meet, within ninety days after the
schedule date, a compliance schedule milestone
contained in a local control mechanism or enforce-
ment order for starting construction, completing
construction or attaining [mal compliance;
6. Failure to provide, within thirty days after the
due date, required reports such as baseline monitor-
ing reports, ninety-day compliance reports, periodic
self-monitoring reports, and reports on compliance
with compliance schedules;
7. Failure to accurately report noncompliance;
and
8. Any other violation or group of violations
which the city determines will adversely affect the
operation or implementation of the local pretreat-
ment program.
C. The city may publish an annual public notifi-
cation, in the largest daily newspaper published in
the municipality in which the POTW is located, of
industrial users which, at any time during the previ-
ous twelve months, were in significant noncompli-
ance with applicable pretreatment requirements.
D. All industrial users shall notify the POTW,
EP A Regional Waste Management Division Direc-
tor, and state hazardous waste authorities in writing
of any discharge into the POTW of a substance,
which, if otherwise disposed of, would be a hazard-
ous waste under 40 CFR Part 261. Such notification
shall be conducted in accordance with the provisions
of 40 CFR 403.12(p).
E. All industrial users shall promptly notify the
POTW in advance of any substantial change in the
volume or character of pollutants in their discharge,
including the listed or characteristic hazardous
wastes for which the industrial user has submitted
initial notification under 40 CFR 403 .12(p).
F. Any industrial user submitting information to
the city pursuant to this chapter may claim it to be
confidential if it demonstrates to the satisfaction of
the engineer that release of such information would
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divulge information processes, or methods of pro-
duction entitled to protection as the user's trade
secrets.
1. The user must assert such claim at the time
of submission by stamping the words "confidential
business information" on each page containing such
information. If no such claim is made at the time of
submission, the city may make information available
to the public without further notice.
2. Such confidential business information shall
not be made available to the public but, the city
may use the information for determining compliance
with this chapter.
3. Effluent Of discharge data is not confidential.
4. The city may provide confidential business
information to governmental agencies upon written
request for uses directly related to enforcement of
this chapter, but, the city shall not transmit the
confidential information to any government agency
until the city has received written approval from the
user.
G. No person shall make any false statement,
representation or certification, knowing it to be
false, in any application, record, plan, data or docu-
ment filed or required to be maintained pursuant to
this chapter.
H. No person shall falsify, tamper with or know-
ingly render inaccurate any monitoring device or
method required under this chapter.
1. The engineer shall have access to records and
wastewater testing facilities during normal working
hours of the user. (Ord. 1390 ~ 12, 1994: Ord. 1184
~ 1 (part), 1985)
13.28.280 Affirmative defenses.
An industrial user shall have an affirmative de-
fense in any action brought against it alleging a
violation of the general and specific prohibitions
established in subsection A of Section 13.28.040
where the user can demonstrate that:
A. It did not know or have reason to know that
its discharge, alone or in conjunction with a dis-
charge or discharges from other sources, would
cause pass-through or interfefence; and
13.28.280-13.28.290
B. A local limit designed to prevent pass-
through and/or interference, as the case may be, was
developed by the city for each pollutant in the in-
dustrial user's discharge that caused pass-through or
interference, and the user was in compliance with
each such local limit directly prior to and during the
pass-through or interference; or
C. If a local limit designed to prevent pass-
through and/or interference, as the case may be, has
not been developed for the pollutant(s) that caused
the pass-through or interference, the industrial user's
discharge directly prior to and during the pass-
through or interference did not change substantially
in nature or constituents from the industrial user's
prior discharge activity when the POTW was regu-
larly in compliance with the POTW's NPDES per-
mit requirements and, in the case of interference,
applicable requirements for sewage sludge use or
disposal. (Ord. 1390 ~ 14, 1994)
13.28.290 Upsets.
A. An industrial user who wishes to establish the
affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating
logs, or other felevant evidence that:
1. An upset occurred and the industrial user can
identify the cause(s) of the upset;
2. The facility was at the time being operated in
a prudent and workman-like manner and in compli-
ance with applicable operation and maintenance
procedures;
3. The industrial user has submitted the follow-
ing information to the POTW treatment plant and
the city within twenty-four hours of becoming aware
of the upset (if this information is provided orally,
a written submission must be provided within five
days):
a. A description of the indirect discharge and
cause of noncompliance,
b. The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated
time the noncompliance is expected to continue,
c. Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompli-
ance;
244-1
(Bozeman 6~96)
13.28.300-13.28.310
B. In any enforcement proceeding the industrial
user seeking to establish an affirmative defense for
the occurrence of an upset shall have the burden of
proof. (Ord. 1390 ~ 15, 1994)
13.28.300 Bypass.
A. An industrial user may allow any bypass to
occur which does not cause pretreatment standards
or requirements to be violated, but only if it also is
for essential maintenance to assure efficient opera-
tion. These bypasses are not subject to the provision
of subsections B and C of this section.
B. The industrial user shall provide notice of
bypass, to the city, as follows:
1. If an industrial user knows in advance of the
need for a bypass, it shall submit prior notice to the
POTW treatment plant, if possible at least ten days
before the date of the bypass.
2. An industrial user shall submit oral notice of
an unanticipated bypass that exceeds applicable
pretreatment standards to the POlW treatment plant
within twenty-four hours from the time the industri-
al user becomes aware of the bypass. A written
submission shall also be provided within five days
of the time the industrial user becomes aware of the
bypass. The written submission shall contain a de-
scription of the bypass and its cause; the duration of
the bypass, including exact dates and times, and, if
the bypass has not been corrected, the anticipated
time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccur-
rence of the bypass. The city may waive the written
report on a case.-by-case basis if the oral report has
been received within twenty-four hours.
C. Bypass is prohibited, and the city may take
enforcement action against an industrial user for
bypass, unless:
1. Bypass was unavoidable to prevent loss of
life, personal injury or severe property damage; and
2. There were no feasible alternatives to the
bypass, such as the use of auxiliary treatment facili-
ties, retention of untreated wastes, or maintenance
during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise
(Bozeman 6-96)
of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of
equipment downtime or preventative maintenance;
and
3. The industrial user submitted notices as re-
quired under subsection B of this section.
D. The city may approve an anticipated bypass,
after considering its adverse effects, if the city deter-
mines that it will meet the three conditions listed in
subsection C of this section. (Ord. 1390 ~ 16, 1994)
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13.28.310 Suspension and revocation of
permit.
A. The engineer may suspend or revoke any
industrial discharge permit and terminate the
wastewater service if the permittee:
1. Discharges wastewater which presents immi-
nent or substantial endangerment to the environment
and/or public health, safety and welfare;
2. Discharges wastewater which causes interfer-
ence with the POTW or causes the city to violate
any conditions of its NPDES permit;
3. Violates any condition stated in the permit or
provisions of this chapter;
4. Fails to report an accidental discharge of a
toxic substance;
5. Increases the use of process water or attempts
to dilute the discharge for the sole purpose of
achieving compliance with any limitations;
6. Falsifies any report of the wastewater constit-
uents and characteristics;
7. Tampers with, disrupts or damages monitor-
ing and sampling equipment or facilities;
8. Refuses reasonable access to the industrial
user's premises for the purpose of inspection or
monitoring; or
9. Fails to pay fees or charges.
B. In the event of any violation of this chapter
the engineer shall revoke the industrial discharge
permit for the remainder of its term or suspend it for
a shorter period based on the severity of the disqual-
ification, its effect on public health, safety and wel-
fare, and the time during which the disqualification
can be remedied if at all.
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C. No user will be permitted to discharge into
the POTW any wastewater which is in violation of
this chapter. Any user may have their wastewater
service(s) suspended or terminated by the engineer.
D. Any person notified of a revocation or sus-
pension of their wastewater treatment service and/or
the wastewater contribution permit shall immediately
stop or eliminate the contribution. In the event of
failure of the person to comply voluntarily with the
suspension order, the city shall sever the sewer
connection or take such steps as deemed necessary
to prevent or minimize damage to the POTW system
or endangerment to any individuals. The city shall
reinstate the wastewater contribution permit and/or
the wastewater treatment service upon proof of the
elimination of the noncomplying discharge. A de-
tailed written statement submitted by the user de-
scribing the causes of the harmful contribution and
the measures taken to prevent any future occurrence
shall be submitted to the engineer within fifteen
days of the date of occurrence.
E. Any user, whose permit is revoked or sus-
pended, may request a hearing before the city com-
mission to show cause why the proposed enforce-
ment action should not have been taken.
1. The city commission will cause the user to be
notified of the time and place set for the hearing.
Notice will be served personally or by registered or
certified mail at least ten days prior to the hearing.
2. The city commission or its designated repre-
sentative will conduct the hearing by accepting
testimony and evidence relevant to the matter in-
volved in the hearing. Testimony shall be taken
under oath and transcribed so that it may be made
available to any party at the hearing or the public.
3. The city commission will, within ten days
after the hearing, issue its final determination to the
user.
F. The user shall pay all costs and expenses
associated with any such suspension and restoration
of service. (Ord. 1390 ~~ 13 (part), 17, 1994: Ord.
1184 ~ 1 (part), 1985)
13.28.320--13.28.330
13.28.320 Nuisance-Injunctive relief
available-Liability.
A. Any discharge into the POTW in violation of
this chapter or any rule, regulation, limitation, per-
mit condition or order in force pursuant thereto, is
declared to be a nuisance.
B. If any person discharges into the POTW in
violation of this chapter or any rule, regulation,
limitation, permit condition or order in force pursu-
ant thereto, the city attorney may, in addition to any
other remedies, commence an action for equitable
or legal relief, or both, including a petition in a
court of competent jurisdiction for a temporary
restraining order, and preliminary and permanent
injunctions to prohibit the continuation of any viola-
tion of this chapter.
C. Any person who violates any provision of
this chapter or any rule, regulation, limitation, per-
mit condition or order in force pursuant thereto,
shall be liable for any loss, damage or expense to
the city or others arising out of, resulting from or
occurring in connection with said violation, includ-
ing but not limited to injury to or death of any
person, damage to property, enforcement of this
chapter, attorneys' fees or increased costs for man-
aging effluent, sludge or operating POTW.
D. Any person who discharges into the POTW
in violation of any provision of this chapter or any
rule, regulation, limitation, permit condition or order
in force pursuant thereto, shall be liable for any
expense arising out of, resulting from or occurring
in connection with said discharge if the city is found
to violate any condition of its NPDES permit, in-
cluding but not limited to fines assessed against the
city, enforcement of this chapter, attorney's fees,
sampling or analytical testing. (Ord. 1390 ~ 13
(part), 1994; Ord. 1184 ~ 1 (part), 1985)
13.28.330 Criminal penalties.
Any person who purposely, knowingly or negli-
gently violates any provision of this chapter, or any
rule, regulation, limitation, permit condition or order
in force pursuant thereto, shall, upon conviction, be
guilty of a misdemeanor, punishable by a fine not
to exceed one thousand dollars per violation per day
244-3
(Bozeman 6-96)
13.28.340
or imprisonment for not more than six months, or
both. (Ord. 1411 ~ 1, 1995: Ord. 1390 ~ 13 (part),
1994; Ord. 1184 ~ 1 (part), 1985)
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13.28.340 Civil penalties.
Any person who violates any provision of this
chapter, or any rule, regulation, limitation, permit
condition or order in force pursuant thereto, shall be
subject to a civil penalty in an amount of not less
than two hundred dollars or more than five hundred
dollars for each violation, and a separate violation
shall be deemed committed on each day during or
on which a violation occurs or continues. (Ord.
1390 ~ 18, 1994)
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(Bozeman 6-96)
244-4
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Chapter 13.32
SEWER SERVICE OUTSIDE CITY
Sections:
13.32.010
Applicability of chapter and
plumbing code.
Application for pennission
to connect.
Extension of service-Factors for
consideration.
Consent to annexation-Design
specifications applicable.
Sewer connection charge.
Line extensions-Costs borne by
property owners.
Rates, charges and rentals.
13.32.020
13.32.030
13.32.040
13.32.050
13.32.060
13.32.070
13.32.010 Applicability of chapter and
plumbing code.
Any person owning or leasing property out-
side the corporate limits of the city now con-
nected with the system of sanitary sewers shall
be subject to the provisions of this chapter. As
a condition and a prerequisite for the continuing
use of the sanitary sewerage system, the plumb-
ing inspector may, upon demand, inspect the
plumbing on such property and require the
owner or occupant to comply with the latest
plumbing code. The plumbing upon any prop-
erty which is to be connected with the city
sewerage system shall comply with the plumbing
code. (Ord. 1081 ~ 2 (part), 1981: prior code
~ 10.18.060)
13.32.020 Application for pennission to
connect.
Application for permission to connect with
the sanitary sewerage system shall be made in
writing to the city manager. The owner or
lessee of such property shall make application
to connect as provided, obtain a plumbing
13.32.010-13.32.040
permit from the plumbing inspector, and pay
the inspection fee required by the plumbing
code. (Ord. 1081 ~ 2 (part), 1981: prior code
~ 10.18.070)
13.32.030 Extension of service-Factors for
consideration.
A. The following factors will be considered
by the city commission in determining whether
or not to extend water or sewer service outside
of the city limits of the city:
I. Orderly growth and development of the
city;
2. Water and land pollution abatement or
control;
3. Need of persons or industries requesting
service as determined by the city commission;
4. Capacity of the utility system of the city
to serve property outside of the city limits of
the city;
S. Extension of water or sewer service
facilities outside of the city limits will not
be approved if the property to be served has
been determined by an engineering analysis to
be outside of the areas that the existing water
system, sewer collection system and sewage
treatment facilities are designed and constructed
to serve.
B. The city manager will be responsible for
submitting information and recommendations
pertaining to the foregoing factors. (Ord. 1081
~ 2 (part), 1981: prior code ~ 10.18.010)
13.32.040 Consent to annexation-Design
specifications applicable.
A. Any person, firm or corporation request-
ing water and/or sewer service outside of the
incorporated limits of the city shall be required,
as a condition precedent to the extension of
such service, to execute and deliver to the
city a written consent of annexation of the
property to be served by the water and/or
sewer facilities.
B. All extensions of water and/or sewer lines
outside the city limits shall be constructed in
accordance with the design and specifications
245
(Bozeman 3-87)
13.32.050-13.36.010
approved by the city engineer prior to the in-
stallation of the water and/or sewer lines. (Ord.
1081 S 2 (part), 1981: prior code S 10.18.030)
13.32.050 Sewer connection charge.
A charge based on actual cost shall be made
for each connection to any lateral of the city
sewerage system to serve property located out-
side the city limits. The charge established by
this section shall apply to each dwelling or
building connected with a sewer lateral. (Ord.
1081 S 2 (part), 1981: prior code S 10.18.040)
13.32.060 Line extensions-Costs borne by
property owners.
The cost of water and/or sewer line exten-
sions outside the city limits shall be borne by
the owners of the property to be served, who
shall also pay all water and sewer assessments
and rates. (Ord. 1081 S 2 (part), 1981: prior
code S 10.18.020)
13.32.070 Rates, charges and rentals.
The sanitary sewerage disposal rates, charges
and rentals shall be charged by the city and
paid monthly for all premises outside the
city limits which are now or hereafter con-
nected with the sewerage system of the city
sanitary sewerage disposal, based upon the
total consumption of water used during the
months of November, December, January and
February on the respective premises. The rate
shall be computed in the same manner as for
city residents, and where the character of the
waste exceeds the limitations imposed by the
ordinances of the city, the surcharges shall be
based on a formula used by the city with the
determination of the charge made by the office
of the city engineer. (Ord. 1081 S 2 (part),
1981: prior code S 10.18.050)
(Bozeman 3.87)
Chapter 13.36
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SEWAGE DISPOSAL RATES AND CHARGES
Sections:
13.36.010 Persons liable for sewerage rates,
charges and rentals.
13.36.020 Operation and maintenance costs
designated- Determination.
13.36.030 Wastewater contribution
percentage-Determination
procedure.
13.36.040 Determining a surcharge for
users with excess BOD and SS.
13.36.050 Determining each user's
wastewater service charges.
13.36.060 Notification of wastewater
treatment rate.
13.36.070 Billing of charges-Penalties for
late payment.
13.36.080 Sewer connections-Deferred
payments authorized when.
13.36.090 Review of wastewater service e
charges.
13.36.100 Payment of sewerage charge-
Status of debt.
13.36.110 Extra-strength surcharge-
Computation of rates.
13.36.010 Persons liable for sewerage rates,
charges and rentals.
The rates, charges and rentals for sewage
disposal service provided by the sewerage
system of the city shall be imposed upon the
parties and properties which are connected
thereto for sanitary sewerage disposal. (Ord.
1081 S 2 (part), 1981: Ord. 1064 S 1 (part),
1980: Ord. 1059 (part), 1980: prior code
S 10.19.010)
246
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13.36.020 Operation and maintenance costs
designated -Detennination.
The city, or its city engineer, shall determine
the total annual costs of operation and main-
tenance of the wastewater system which are
necessary to maintain the capacity and per-
formance, during the service life of the treat-
ment works, for which such works were de-
signed and constructed. The total annual cost
of operation and maintenance shall include,
but need not be limited to, labor, repairs,
equipment replacement, maintenance, neces-
sary modifications, power, sampling, laboratory
tests, and a reasonable contingency fund.
(Ord. 1081 ~ 2 (part), 1981: Ord. I 064 ~ I
(part), 1980: Ord. 1059 (part), 1980: prior
code S 10.19.011)
13.36.030 Wastewater contribution percentage
-Detennination procedure.
A. The city, or its city engineer, shall deter-
mine each user's average daily volume of waste-
water which has been discharged to the waste-
water system, which shall then be divided by the
average daily volume of all wastewater dis-
charged to the wastewater system, to determine
each user's volume contribution percentage. The
amount used as the total average daily volume
of wastewater shall exclude infiltration and
inflow. The city, or its city engineer, shall
determine each user's average daily poundage
of five-day, twenty-degree centigrade bio-
chemical oxygen demand (BOD) which has
been discharged to the wastewater system,
which shall then be divided by the average
daily poundage of all five-day BOD discharged
to the wastewater system to determine each
user's BOD contribution percentage.
B. The city, or its city engineer, shall deter-
mine each user's average suspended solids (SS)
poundage which has been discharged to the
wastewater system, which shall then be divided
by the eaverage daily poundage of all suspended
solids discharged to the wastewater system,
to determine the user's suspended solids con-
tribution percentage. Each user's volume
13.36.020-13.36.050
contribution percentage, BOD contribution
percentage and suspended solids contribution
percentage shall be multiplied by the annual
operation and maintenance costs for wastewater
treatment of the total volume flow, of the
total five-day, twenty-degree centrigrade BOD
and of the suspended solids, respectively. (Ord.
1081 ~ 2 (part), 1981: Ord. 1064 S I (part),
1980: Ord. 1059 (part), 1980: prior code ~
10.19.012)
13.36.040 Determining a surcharge for users
with excess BOD and SS.
The city, or its city engineer, will determine
the average suspended solids (SS) and bio-
chemical oxygen demand (BOD) daily loadings
for the average residential user. The city, or its
city engineer, will assess a surcharge rate for all
nonresidential users discharging wastes with
BOD and SS strengths greater than the average
residential user. Such users will be assessed a
surcharge sufficient to cover the costs of treat-
ing such users' above-normal BOD and two
hundred fifty ppm SS. The surcharge rate struc-
ture for such above-normal-strength waste
discharges is attached. (See Appendix A to the
ordinance codified in this chapter.) (Ord. 1081
S 2 (part), 1981: Ord. 1064 S 1 (part), 1980:
Ord. 1059 (part), 1980: prior code ~ 10.19.013)
13.36.050 Determining each user's wastewater
service charges.
Each nonresidential user's wastewater treat-
ment cost contribution as determined in Sec.
tions 13.36.030 and 13.36.040 shall be added
together to determine such users' annual waste-
water service charge. Residential users may be
considered to be one class of user, and an equit-
able service charge may be determined for each
user based upon an estimate of the total waste-
water contribution of this class of user. The
governing body may classify industrial, com-
mercial and other nonresidential establishments
are equivalent to the wastes from the average
residential user with respect to volume, sus-
pended solids, and BOD. Each user's wastewater
247
(Bozeman 3-87)
13.36.060-13.360100
treatment cost contribution will be assessed
in accordance with the attached rate schedule.
(See Appendix A to the ordinance codified in
this chapter.) (Ord. 1081 @ 2 (part), 1981: Ord.
1064 S 1 (part), 1980: Ord. 1059 (part), 1980:
prior code S 10.19.014)
13.36.060 Notification of wastewater
treatment rate.
Each user will be notified, at least annually,
in conjunction with a regular bill, of the rate
and that portion of the user charges which are
attributable to wastewater treatment services.
(Ord. 1081 @ 2 (part), 1981: Ord. 1064 ~ 1
(part), 1980: Ord. 1059 (part), 1980: prior
code @ 10.19.017)
13.36.070 Billing of charges-Penalty for late
payment.
The city shall submit an annual statement
to the user for the user's annual wastewater
service charge, or one.twe1fth of the user's
annual wastewater service charge may be in-
cluded with the monthly water and/or waste.
water utility billing. The city shall add a penalty
of one and one-half percent per month if the
payment is not received by the city within
fifteen days. Should any user fail to pay the
user wastewater service charge and penalty with.
in three months of the due date, the city may
stop the wastewater service to the property.
(Ord. 1081 ~ 2 (part), 1981: Ord. 1064 ~ 1
(part), 1980: Ord. 1059 (part), 1980: prior
code ~ 10.19.015)
13.36.080 Sewer connections-Deferred
payments authorized when.
Pursuant to the provisions of RCM 11.3302,
it is provided that whenever any sewer connec.
tion shall be made voluntarily, or ordered to
be made by the director of public service, and
the person so voluntarily making such con-
nection or making it pursuant to such order
shall, within thirty days after such connection
is completed, request in writing filed with the
clerk of the commission that the cost thereof
(Bozeman 3-87)
be divided into not more than eight equal annual
payments with interest on the deferred pay-
ments at not to exceed six percent per year,
the director of finance shall make the appro-
priate entry on his books of account, and the
assessment shall be certified and collected as
are other assessments for street improvements.
(Ord. 1081 S 2 (part), 1981: prior code ~
10.20.010)
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13.36.090 Review of wastewater service
charges.
The city shall review the total annual cost
of operation and maintenance, as well as each
user's wastewater contribution percentage not
less often than every two years, and will revise
the system as necessary to assure equity of the
service charge sytem established herein and
to assure that sufficient funds are obtained to
adequately operate and maintain the wastewater
treatment works. If a significant user, such as
an industry, has completed in-plant modifica-
tions which would change that user's waste-
water contribution percentage, the user can
present, at a regularly scheduled meeting of the
governing body, such factual information, and
the city shall then determine if the user's waste.
water contribution percentage is to be changed.
The city shall notify the user of its findings as
soon as possible. (Ord. 1081 @ 2 (part), 1981:
Ord. 1064 S 1 (part), 1980: Ord. 1059 (part),
1980: prior code ~ 10.19.016)
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13 .36.1 00 Payment of sewerage charge-
Status of debt.
The sewerage charges for each premises shall
be personal or corporate obligations of the same
party or parties who are obligated for payment
of city water bills for such premises, according
to the ordinances and regulations respecting
the city water utility. It is the duty of the
water department of the city to prepare, issue
and mail, as near as may be to the first day of
each calendar month, a statement of the sewer-
age charge for each user of the sewerage utility.
In all cases, the sewerage charges shall appear as
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a surcharge, separately stated, upon the water
bill as rendered. Each such charge shall be due
and payable at the time and place as the water
bill on which it is shown, and no payment shall
be accepted by the city, or any of its officers
or employees, of a water bill without con-
current payment of the sewerage charge; and all
of the penalties, including the shutting off of
the customer's water supply, shall be applied
in each case of nonpayment of the sewerage
charge in like manner as for nonpayment of the
water charge. Each user of the sewerage utility
shall be deemed to have contracted and agreed
to pay the sewerage charges hereby imposed,
and such charges may be collected by actions
at law whenever the same are more than thirty
days overdue and shall bear interest at the
highest rate allowed by law for contract in-
debtedness from and after the fifteenth day
of the month in which the charge becomes due
and payable. To the full extent now or here-
after permitted by law, overdue sewerage
charges shall constitute a lien upon, and en-
forceable against, the real estate constituting
the premises which was the user of the sewerage
utility for which the charges were imposed. No
subsequent owner or occupant of any premises
for which any sewerage charge is overdue shall
be entitled to water or sewerage service until
the overdue charge is paid, notwithstanding that
such subsequent owner or occupant may not
have been personally obligated therefor. (Ord.
1081 @ 2 (part), 1981: prior code @ 10.19.040)
13.36.110 Extra-strength surcharge~
Computation of rates.
Customers contributing waste water with
strength concentration in excess of normal
allowable limits of two hundred fifty parts
per million of BOD and two hundred parts
per million of suspended solids would be subject
to an extra strength surcharge, in addition to
the regular service charge computed in accord
with the following formula:
13.36.110
Extra Strength Surcharge.
S "" V, x 62.4 (0.095 (BOD) - 250 - 0.115
(SS-200)
Vs = Sewage volume in million cubic feet
62.4 = Pounds per cubic foot of water
0.095 = City Unit Charge for BOD in dollars
per pound
BOD "" BOD strength index in parts per
million by weight
250 = Allowed BOD strength in parts per
million by weight
0.115 = City Unit charge for suspended
solids in dollars per pound
SS = Suspended solids strength index in parts
per million by weight
200 = Suspended solids strength in parts per
million by weight.
(Ord. 1082 @ 1, 1981: Ord. 1 081 ~ 2 (part),
1981: Ord. 1064 ~ 1 (part), 1980: Ord. 1059
(part), 1980: prior code ~ 10.19.030)
248-1
(Bozeman 3.87)
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(a3A 1(35311)
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