HomeMy WebLinkAboutTitle_13 Public Services
Division 1
WATER
Chapter 13.04
PROTECTION OF WATER SUPPLY
Sections:
13.04.010 Interfering with or Polluting Water Supply Prohibited
13.04.020 Watershed Boundaries Designated - Trespassing Prohibited
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 manipulate, 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, aqueducts, reservoirs, telephone system,
and any signaling system or device, gates, headgates, measuring devices, 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 therewith and/or for the protection thereof, and/or
any pan thereof; and/or to pollute and/or impair the purity and wholesomeness, by any means or
manner whatsoever, of any pan 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)
13.04.020 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 County, Montana.
All of Section 8;
S1/2 of SW1/4 and S1/2 of the 81/2 of SE1/4 of Section 9;
S1/2 of SW1/4 of SW1/4 of Section 10;
W1/2 of SE1/4, SW1/4 and SW1/4 of NW1/4 of Section 14;
All of Sections 15, 16 and 17;
E1/2 and EI/2 of W1/2 of Section 18;
NE1/4 and N1/2 of SE1/4 of Section 19;
All of Sections 20,21,22,23, and S1/2 of Section 24;
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All of Sections 25,26,27,28 and NE1/4 of Section 29;
All of Sections 34, 35 and 36;
In Township 3 South, Range 7 East, Gallatin County, Montana.
Section 19 and W 1 /2 of Section 20;
SE1/4, SW1/4 and NW1/4 of Section 29;
All of Sections 30,31,32 and W1/2 of Section 33;
In Township 4 South, Range 6 East, Gallatin County, Montana.
Sections 1,2 and NE1/40f Section 3;
NE1/4 of Section 11;
Section 12 and E 1 /2 of Section 13;
In Township 4 South, Range 7 East, Park County, Montana.
NW1/2 and W1/2 of SW1/4 of Section 4, Park County, Montana;
All of Sections 5,6,7,8, 18 and W1/2 of Section 17, Park County
Montana;
Lyman Creek Watershed
In Township 1 South, Range 6 East, Gallatin County, Montana.
The SE1/4 of Section 21;
The NE1/4 of the NE1/4 of Section 28 (Lot 1). Beginning at a point in
the west line of the NE1/4 of the SW1/4 of Section 28, said point being
790 feet, more or less, north of the SW comer of said NE1/4 of
SW1/4; thence north 63 1/2 degrees east, 780 feet more or less;
thence north 24 1/2 degrees east, 1005.7 feet more or less; thence
north 34 1/2 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
comer 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 northwest comer of said Section 28; thence
south to the northwest comer of the SW1/4 of the NW1/4 of said
Section 28; thence south to the northwest comer of the SE1/4 of the
NW1/4 of said Section 28; thence south to the point of beginning.
Section 22;
The SE1/4 of Section 15, and the SW1/4 of Section 14;
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.----.-.---..-- _ ..-.....-.-.....
A tract of land (reservoir site) 800 feet east and west by 400 feet north
and south (7.57 acres) in the northeast comer of the NE1/4 of Section
32, and a tract of land (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)
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Chapter 13.08
WATER SYSTEM
Sections:
Definitions
13.08.010 General
13.08.020 Other Definitions
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
Series 1982 Bonds
13.08.070 Date, Amount, Denomination, and Maturity
13.08.080 Interest
13.08.090 Redemption
13.08.100 Payment
13.08.105 Form
13.08.110 Preparation and Delivery
Water System Fund
13.08.120 Bond Proceeds and Revenues Pledged and Appropriated
13.08.130 Construction Account
13.08.140 Operating Account
13.08.150 Bond Account
13.08.160 Reserve Account
13.08.170 Depreciation Account
13.08.180 Surplus Account
13.08.190 Deposit and Investment of Funds
Priorities and Additional Bonds
13.08.200 Priority of Bond Payments
13.08.210 Additional Refunding Bonds
13.08.220 Additional Bonds
13.08.230 Subordinate Bonds
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 Accounting
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
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13.08.360 Remedies
13.08.370 MBIA Insurance
Amendments
13.08.380 Amendments Without Bondholder Consent
13.08.390 Amendments with Bondholder Consent
13.08.400 Notice and Consent
13.08.410 Proof
Defeasance
13.08.420 General
13.08.430 Payment
13.08.440 Pre-payable Bonds
13.08.450 Escrow
Arbitrage and Certifications of Proceedings
13.08.460 Arbitrage Certificate
13.08.470 Transcript
Definitions
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 requires:
A. "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.
B. 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.
C. The words "herein," "hereof," and "hereunder" and other words of similar import
without reference to any particular section or subdivision 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.
D. The terms defined in this section shall include the plural as well as the singular.
E. All accounting terms not otherwise defined herein have the meanings assigned to
them in accordance with generally accepted accounting principles.
F. All computations provided herein shall be made in accordance with generally
accepted accounting principles. (Ord. 1115 ~ 1.01, 1982)
13.08.020 Other Definitions
The following words shall have the following meanings:
A. "Accountant" means a person who is a certified public accountant employed or
retained by the City.
B. "Act" means Montana Code Annotated, Title 7, Chapter 7, Part 44, as heretofore
and hereafter amended or supplemented.
C. "Additional bonds" means any bonds issued pursuant to Article V of this chapter,
exclusive of subordinate bonds.
D. "Bonds" means all bonds issued pursuant to this chapter, including the Series 1982
bonds and any additional bonds, but exclusive of subordinate bonds.
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E. "Bond counsel" means any firm of nationally recognized bond counsel experienced
in matters relating to the financing of public facilities, selected by the City.
F. "Bond account" means the account created in Section 13.08.150.
G. "Bondholder" means the bearer of a bond.
H. "City" means the City of Bozeman, Montana, and any successor to its functions
hereunder.
I. "City request," "City order" or "City consent" means, respectively, a written request,
order, or consent of the Commission, signed by the manager or other official of the
city designated pursuant to a city resolution.
J. "City resolution" 'means a resolution, ordinance, or other appropriate enactment by
the Commission certified by an appropriate official thereof to have been duly
adopted by the Commission and to be in full force and effect on the date of such
certification.
K. "Code" means the Internal Revenue Code of 1954, as amended. All references
herein to sections of the Code are to the sections thereof as they exist on the date
of adoption of the ordinance codified in this chapter but include any amendments
of the provisions thereof.
L. "Commission" means the City Commission of the city or a successor to its functions.
M. "Construction account" means the account created in Section 13.08.130.
N. "Depreciation account" means the account created in Section 13.08.160.
o. "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.
P. "Fiscal year" means the twelve-month period commencing July 1 st and ending June
30th or any other twelve-month period adopted by the Commission as the fiscal year
of the system.
Q. "Fund" or "water fund" means the water system fund created in Section 13.08.120.
R. "Government obligations" means direct general obligations of, or obligations for, the
prompt payment of the principal and the interest on, which are fully and
unconditionally guaranteed by, the United States of America.
S. "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 personal property acquired or
constructed by the City for use in connection with the system.
T. "Independent" when used with respect to any specified person means such a
person who:
1. Is in fact independent;
2. 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
3. Is not connected with the city, the city as an official, officer, employee,
promoter, underwriter, trustee, affiliate, or person performing similar
functions.
U. "Interest payment date" means the stated maturity of an installment of interest on
any of the bonds.
V. "Manager" means the City Manager or a successor to his functions.
W. "Maturity" when used with respect to any bond means the date on which the
principal of such bond becomes due and payable as therein or herein provided,
whether at the stated maturity or by declaration of acceleration, call for redemption
or otherwise.
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X. "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 connection with
the issuance of a series of additional bonds.
Y. "MBIA insurance" means a pOlicy of insurance and all amendments thereto, if any,
issued by the Municipal Bond Insurance Association with respect to the Series 1982
bonds or any series of additional bonds.
Z. "Net revenues" means the revenues of the system remaining upon each monthly
apportionment 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.
AA. "Outstanding" when used with reference to bonds means, as of the date of
determination, all bonds theretofore issued and delivered under this chapter except:
1. Bonds theretofore cancelled by the City or delivered to the City cancelled
or for cancellation;
2. Bonds and portions of bonds for whose payment or redemption monies 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 redemption date has been
given to the paying agent; and
3. Bonds in exchange for or in lieu of which other bonds have been issued
and delivered pursuant to this chapter; provided, however, that in
determining whether the holders of the requisite principal amount of
outstanding bonds have given any request, demand, authorization,
direction, notice, consent, or waiver hereunder, bonds owned by the City
shall be disregarded and deemed not to be outstanding.
BB. "Paying agent" means any person designated 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.
CC."Person" means any individual, corporation, partnership, joint venture, association,
joint stock company, trust, unincorporated organization, government, or any agency
or pOlitical subdivision thereof.
DD."Principal and interest requirements on 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.
EE. "Qualified investments" means those obligations and securities set forth in Section
13.08.190 hereof, in which revenues and other monies may be invested.
FF. "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 thereby.
GG."Redemption date" when used with respect to any bond to be redeemed means the
date on which it is to be redeemed pursuant hereto.
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HH."Redemption price" when used with respect to any bond to be redeemed means the
price at which it is to be redeemed pursuant hereto.
II. "Reserve account" means the account created in Section 13.08.160.
JJ. "Series 1982 bonds" .shall mean the five million dollar aggregate principal amount
of the City's water system revenue bonds, Series 1982.
KK. "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
installment of interest as the fixed date on which principal of such bond or such
installment of interest is due and payable.
LL. "Supplemental ordinance" means any ordinance supplemental or amendatory to the
ordinance codified in this chapter adopted pursuant to Article VII of this chapter.
MM."Subordinate bonds" means bonds or obligations issued by the City pursuant to
Section 13.08.230.
NN."Surplus account" means the account created in Section 13.08.180.
OO."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 account and reserve account the amounts required by Sections 13.08.150 and
13.08.160 to be credited thereto.
PP. "System" or "water system" means the real and personal properties owned or used
by the City in connection with its acquisition, treatment, 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 improvements thereto. (Ord. 1115 ~ 1.02, 1982)
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 authorized 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 treatment plant, two major water transmission lines,
water storage facilities, and incidental and related real and personal properties all as more fully
described in plans and specifications therefor prepared by the engineer for the project. Plans and
specifications for the project have been prepared and approved. The total cost of the project,
including construction contracts, engineering, legal, consulting and administration fees and
expenses, insurance premiums, reserve funds, and a reasonable allowance for contingencies,
is presently estimated to be four million seven hundred twenty thousand dollars. In addition, it
is estimated that an additional three hundred thousand dollars will be required to establish an
initial bond reserve, eighty thousand dollars will be required to pay and retire outstanding water
system revenue bonds, and approximately one hundred sixty thousand dollars will be required
to pay a premium for bond insurance and other costs of issuance with respect to the Series 1982
bonds issued to finance project 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. All acts of the Commission and the City and its officers
and employees with respect to authorizing, construction, and financing the project heretofore
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taken and done and not inconsistent with this chapter are hereby ratified and confirmed. (Ord.
1115 ~ 2.02,1982)
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
constructing 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
commodities 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 are no bonds outstanding 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 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 Finance, 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, pursuant to and
in accordance with this chapter, issue the Series 1982 bonds in the aggregate 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 payable from investment
income and other available funds of the system. (Ord. 1115 ~ 2.04, 1982)
Series 1982 Bonds
13.08.070 Date, Amount, Denomination, and Maturity
The Series 1982 bonds shall be in the aggregate principal amount of five million dollars, shall
be designated water system revenue bonds, Series 1982, shall be dated as of December 1 , 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 1 st in
the years and amounts as follows:
Serial
Year Amount Number
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
1993 $250,000
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1994 $280,000
1995 $305,000
1996 $340,000
1997 $375,000
1998 $415,000
1999 $460,000
2000 $505,000
2001 $560,000
(Ord.1115~3.01,1982)
13.08.080 Interest
The Series 1982 bonds shall bear interest payable on each June 1 st and December 1 st,
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 1, 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 respective redemption dates of
redemption plus accrued interest at the redemption date, as follows:
Redemption Date Redemption Price
December 1, 1992 101%
through June 1, 1997
December 1, 1997 100%
and thereafter
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)
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 principal 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. 1115 ~ 3.04, 1982)
13.08.105 Form
The Series 1982 bonds and the interest coupons appurtenant thereto shall be in
substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MONTANA
COUNTY OF GALLATIN
CITY OF BOZEMAN
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 prepayable 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 account 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 ( _ %) 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 payment 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 purpose of providing money to finance the construction 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 Ordinance). 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 2001 are
each subject to redemption and prepayment at the option of the City, in inverse order of serial
numbers, on December 1, 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 respective Redemption Dates plus accrued interest to the
Redemption Dates as follows:
Redemption Date Redemption Price
December 1, 1992 101%
through June 1, 1997
December 1, 1997 100%
and thereafter
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 mall, 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
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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 pre-payable Series 1982 Bonds so far
as such information is made available to him, for the purpose of mailing such notices.
IT IS CERTI FlED, RECITED, COVENANTED AND AGREED that the City has duly authorized
and will forthwith construct 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 regulations of the Montana Public Service
Commission, 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 accumulate and maintain a reserve therein equal to the average annual amount of principal
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 expenses 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 obligation will be otherwise incurred and
made payable from the Net Revenues of the Water System, whether or not such obligation shall
also constitute a general obligation and indebtedness 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 provisions for the security of the holder of this Bond set forth in the Authorizing
Ordinance will be punctually and faithfully performed as therein stipulated; that all acts, conditions
and things required by the Constitution and laws of the State of Montana and the ordinances and
resolutions 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 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 provision and the issuance of this Bond
does not cause either the general or the special indebtedness of the City to exceed any
constitutional 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, without 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 signature of one officer on the face of this Bond, and has caused this Bond to be
dated as of June 1, 1982.
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Mayor
Countersigned:
Director of Finance
Attest:
Clerk of Commission
(SEAL)
(Form of Coupon)
No. $
On the 1 st day of June (December), 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) (Facsimile signature)
Director of Finance Clerk of Commission 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) (Facsimile signature)
Director of Finance Clerk of Commission 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 officers may be a printed facsimile thereof. The interest coupons appurtenant to the
Series 1982 bonds shall be executed and authenticated 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, authenticated 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 7-74257, 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)
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Water System Fund
13.08.120 Bond Proceeds and Revenues Pledged and Appropriated
The water system fund is hereby created 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 discharged as provided in this chapter. All proceeds of bonds
issued hereunder and all other funds from the system hereafter received or appropriated for
purposes of the system are appropriated to this fund. All revenues derived from the system are
irrevocably pledged and appropriated 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 appropriated 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
subdivided into separate accounts as designated and described in Sections 13.08.130 and
13.08.170, to segregate income and expenses received, paid, and accrued for the respective
purposes described in those sections. The revenues received 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 performed and delivered under construction contracts, architectural,
engineering, inspection, supervision, fiscal, and legal expenses, the cost of lands and easements,
interest accruing on bonds issued hereunder during the period of construction 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, reimbursement of any advances made
from other city funds, and all other expenses incurred in connection with the construction and
financing 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
appropriated to refund outstanding bonds or appropriated 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" 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
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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. Monies in the operating account shall be used solely
for the payment of current operating expenses of the system, as herein defined. (Ord. 1115 ~
4.03, 1982)
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 become due within the
next twelve months with respect to all outstanding bonds. Monies 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
pre-payable by their terms, if the amount then on hand in the bond account is sufficient with other
monies 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
monies 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. 1115 ~ 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
apportionment, 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 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 depreciation of
the system and for replacement or renewal of worn out, obsolete, or damaged properties and
equipment thereof. Monies in this account shall be used only for the purposes above stated or,
if so directed by the Commission, to redeem bonds which are pre-payable 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 account. (Ord. 1115 ~ 4.06, 1982)
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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
monies 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 pre-payable according to their terms; or
2. To purchase bonds on the open market, whether or not the bonds may
then be pre-payable 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 pre-payable
according to their terms; or
4. To pay for repairs of or for the construction and installation of
improvements to the system; or
5. To restore the operating reserve or increase the same when determined
to be necessary by the Commission.
B. No monies shall at any time be transferred from the surplus account or any other
account of the fund to any other fund of the City, nor shall such monies 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 monies 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 monies not necessary for immediate use may be deposited with
such depository banks in savings or time deposits. No monies shall at any time be withdrawn
from such deposit accounts except for the purposes of the fund as defined and authorized in this
chapter; except that monies 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 banks having
a combined capital and surplus of at least one million dollars maturing and bearing interest at the
times and in the amounts estimated to be required to provide cash when needed for the purposes
of the respective accounts; 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 monies in
said accounts shall be credited to the account from whose monies the deposit was made or the
investment was purchased and handled and accounted for in the same manner as other monies
in that account. (Ord. 1115 ~ 4.08, 1982)
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, that if, at any time the net revenues on hand in the fund are insufficient
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to pay principal and interest then due on all such bonds, then any and all monies 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)
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 monies 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.
B. Any bonds may be refunded prior to maturity, as and when they become pre-
payable according to their terms.
C. Provision may be made for the payment and refunding of any un-matured 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 payments 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:
1. 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 monies 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 additional bonds for the purpose of financing
costs of improvements (including the project), including 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 additional 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 with respect to the outstanding bonds and additional 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 taxation.
B. For the purpose of the foregoing computation, the net revenues for the fiscal year
preceding the issuance of additional bonds shall be those shown by the financial
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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 preceding 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 incurred 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 outstanding 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 net revenues subordinate to the pledge of net
revenues to the bond account. (Ord. 1115 ~ 5.04, 1982)
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 system 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 conditions 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 additional covenants and agreements set forth in this
article; and that it will complete the construction, furnishing, and equipping of the project 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 insurance 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 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 that
are reasonable obtainable. The proceeds of all such insurance are duly appropriated to the
construction account and shall be available and used for the repair, replacement, and
reconstruction of damaged or destroyed 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
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excess of the amount required 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)
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 operation 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 extent
of such operation. It will also cause all persons handling money and other assets of the fund to
be adequately bonded for the faithful performance 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 section 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 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
properties of the system, unless:
A. Prior to, or simultaneous with, such mortgage, 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 disposition 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 all 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 accordance with this chapter, in such reasonable detail as
may be determined by the City in accordance with generally accepted accounting practices 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 independent 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 other information deemed appropriate by the independent accountant,
contain the following information:
A. A statement in detail of the income and expenditures of the system for the fiscal
year, identifying capital expenditures and separating them from operating
expenditures;
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B. A balance sheet as of the end of the fiscal year;
C. The number of premises connected to the system at the end of the fiscal year;
D. The amount on hand in each account of the fund at the end of the fiscal year;
E. 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
F. A determination that the report shows full compliance by the City with the provisions
of this chapter during the fiscal year covered thereby, including proper segregation
of the capital expenditures from operating expenses, maintenance of the required
balance in the bond account, 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 chapter 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)
13.08.310 Handling of Funds
The employees of the City, under the direction 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 noncompliance
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 employees 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 subsequently
adopted amendatory thereof or supplemental thereto, all, however, consistent with the terms and
provisions of this chapter and prudent 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 day's notice 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 discovery of any such violation), the service to the 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 hereafter authorized by
law, making the charge a lien against the real property served by the water connection for which
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the charge remains unpaid and causing charges with respect to such properties to be collected
in the same manner as taxes levied against property within the city. (Ord. 1115 ~ 6.10, 1982)
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 without the
boundaries of the city, shall be reasonable and just, taking into consideration the
cost and value of the system and the cost of maintaining 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 maintain 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 principal 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, 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 revenues 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 December 1 , 1992, and in the estimation of the Commission
any excess, prior to that date, of net revenues will be needed to payor to provide
reserves for payment of replacements, 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
improvements 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
out the requirements of this chapter, and regarding 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)
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13.08.360 Remedies
The holders of not less than twenty-five percent 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 proceedings, to protect and enforce the fights 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 conferred 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 jurisdiction 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 payment 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)
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)
Amendments
13.08.380 Amendments Without Bondholder Consent
The City reserves the right to amend the ordinance codified in this chapter from time to time
and at any time, for the purpose of curing any ambiguity or of curing, correcting, or supplementing
any defective provision contained herein 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 agreements 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 amendment may be adopted by
supplemental ordinance, 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 any time without
the consent of the holders of all bonds issued hereunder which are then outstanding, 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 payment 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
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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 percentage in principal amount of such bonds
required to authorize or consent to any such amendment. (Ord. 1115 ~ 7.02, 1982)
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 newspaper 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
outstanding 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 bondholders in person or by agent duly appointed in writing, and shall become
effective when delivered to the clerk. Any consent by the holder of the same bond with respect
to any amendment 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
amendment has become effective. In the event that unrevoked consents of the holders of the
required 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 further 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 section.
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 satisfactory by the clerk,
showing that at the date therein 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 ownership 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 Commission may deem sufficient;
but the Commission may nevertheless, in its discretion, require further proof in cases where it
deems further proof desirable. (Ord. 1115 ~ 7.04, 1982)
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 discharged as provided in this section, all pledges,
covenants, and other rights granted by this resolution to the holder of such bond shall cease.
(Ord. 1115 ~ 8.01, 1982)
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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 Pre-payable Bonds
The City may also discharge its liability with reference to any pre-payable 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 redemption
premium, if any, which are then due thereon; provided, that notice of such redemption 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 pre-payable 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 redemption, and by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose,
cash or government 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)
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 pursuant 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, estimates, and circumstances in existence
on the date of issue and delivery of the bonds as therein 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, estimates, 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)
13.08.470 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 issuance
thereof, certified copies of all proceedings 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 marketability 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 thereby. (Ord. 1115 ~ 9.02, 1982)
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Chapter 13.12
WATER SERVICE UTILITY OPERATIONS
Sections:
General Provisions
13.12.010 Provisions Adopted ~ Regulations a Part of Service Contracts
13.12.020 Definitions
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
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
13.12.130 Procedure for Activating Water Lines
Application for Service
13.12.140 Application - Service Agreement Forms
13.12.150 Establishment of Credit - Required When
13.12.160 Establishment of Credit - Residential Service
13.12.170 Establishment of Credit - Nonresidential Service
13.12.180 Deposit - Required When
13.12.190 Requiring Deposit for Certain Reasons Prohibited
13.12.200 Deposit - Uniform Application of Standards
13.12.210 Deposit - Amount
13.12.220 Deposit - Interest to Be Paid to Customer
13.12.230 Deposit - Record Keeping Requirements
13.12.240 Deposit - Refund Conditions
13.12.250 Guarantee in Lieu of Deposit Permitted When
13.12.260 Guarantee Terms and Conditions
13.12.270 Guarantor Release Conditions
Service Conditions
13.12.280 General Conditions for Supplying Service
13.12.290 Application - Existing Service - Requirements
13.12.300 Service Supplied to Existing Points of Delivery Only
13.12.310 Line Extension Costs Borne by Customer
13.12.320 Installation Conditions - Property Owner's Responsibilities - Permit Required
13.12.322 Protective Devices
13.12.323 Fire Lines
13.12.324 Service Lines - Inspection, Connection, and Penalty for Failure to Comply
13.12.330 Maintenance - When Utility Responsibility
13.12.340 Maintenance - Property Owner Responsibility
13.12.350 Meter - Required for New Service -Installation Cost Deposit Required
13.12.360 Meter - Remote Reading Attachment Required When - Costs
13.12.370 Meter - Required for Expanded Service When
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13.12.375 Maintenance of Meters - Utility Responsibility
13.12.380 Irrigation or Other Outdoor Use - Restrictions - Prohibited in Emergencies
13.12.390 Irrigation or Other Outdoor Use - Hours to Be Posted
13.12.400 Flat-rate Service - Billing Procedures - Penalties for Delinquent Payment
13.12.410 Metered Service - Billing - Penalties for Delinquent Payment
13.12.420 Billing Method for Multiple Delivery Points or Separate Meters for Single
Customer
13.12.430 Termination of Service by Customer
13.12.440 Maintenance ~ Customer Responsibility - Wasting Water Prohibited
13.12.450 Adjustment of Accounts Following Repairs
13.12.460 Continuity of Service - Liability Limitations
13.12.470 Suspension of Service for Repairs and Changes
13.12.480 Interruption of Service - Liability Limitations
13.12.490 Maintenance - Authorized Utility Personnel Required
13.12.500 Violation of Irrigation or Sprinkling Rule - Penalty
13.12.510 Violation of Chapter Provisions - Disconnection of Service Required When
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. 1 077 ~ 1 (part), 1981; prior code ~ 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, 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.
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.
XIII-27 10/2005
-.---..-..--
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.
I. "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. 1 077 ~ 1 (part), 1981;
prior code ~ 10.04.030 (Rule 1, ~~ 1-1 - 1-9))
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. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 2, ~ 2~2))
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. 1 077 ~ 1 (part), 1981;
prior code ~ 10.04.030 (Rule 2, ~ 2-1))
13.12.050 Information Available to 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 regulations and the rate schedules, forms of
agreement for water service, and service standards of the utility. (Ord. 1 077 ~ 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 ~ 1 (part), 1981;
prior code ~ 10.04.030 (Rule 2, ~ 2-4))
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 until 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))
XIII-28 10/2005
13.12.090 Customer to Furnish Easement, Right-of-way, and Permits
A customer or prospective customer must furnish all easements, cleared rights-of-way, and
permits necessary to enable the utility to supply the service required. (Ord. 1 077 ~ 1 (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 inspection
or investigation. (Ord. 1 077 ~ 1 (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 approved by the utility, no person or other entity,
other than agents, representatives, or employees of the utility, shall tap into the utility's
transmission or distribution system or service lines attached thereto. (Ord. 1 077 ~ 1 (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. 1 077 ~ 1 (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 connected 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))
Application for Service
13.12.140 Application - Service Agreement Forms
A utility may require a customer or prospective 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 acceptance of service by
a customer prior to the signing of such agreement, the 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 regulations. (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
establishment of credit and the filing of deposit to guarantee payment are as hereinafter set forth.
(Ord. 1 077 ~ 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 within the previous twelve months during which
for at least six consecutive months service was rendered and was not disconnected
XIII-29 10/2005
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 provided.
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 employed 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 estimated one-year bill, such
estimation to be made at the time that service is established. (Ord. 1 077 ~ 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 satisfactory
credit risk by reasonable means appropriate under the circumstances. (Ord. 1 077 ~ 1 (part),
1981; prior code ~ 10.04.030 (Rule 5, ~ 5~3))
13.12.180 Deposit - Required When
A deposit may be required under the following 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, the 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 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 furnished as provided in
Subsection C of Section 13.12.160;
E. Where the customer has, in an unauthorized manner, interfered 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 customer and is not in
dispute. (Ord. 1 077 ~ 1 (part), 1981; prior code ~ 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 continued
residential utility service based upon commercial credit standards (except as provided in these
rules): income, home ownership, residential location, race, color, creed, sex, age, national origin,
XIII-30 10/2005
or any other criteria not authorized 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. 1 077 ~ 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 uniformly as condition of utility service to all residential
customers. (Ord. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 5, ~ 5-10))
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 ~ 10.04.030 (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. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 5, ~ 5-7))
13.12.230 Deposit - Record Keeping 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;
5. 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. In such event, utility records shall be 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:
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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 of this 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. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 5, ~ 5-11 ))
13.12.260 Guarantee Terms and Conditions
A guarantee accepted in accordance with these roles is subject to the following terms 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. 1 077 ~ 1 (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:
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. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule
5,~5-13))
XII 1-32 10/2005
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 Requirements
Application for the use of water from an 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 existing utility water system and water supply, is adequate to meet the use for which
the application is made. (Ord. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 6, ~ 6-5))
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))
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.
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. Prior 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. 1 077 ~ 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
XIII-33 10/2005
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 Fi re Li nes
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 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 of the cost of installing the 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 1, 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 1, 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
XIII-34 10/2005
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, fire 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 S 6, 1999; Ord. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030
(Rule 6, ~ 6-12))
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 ~ 1 (part),
1981; prior code ~ 10.04.030 (Rule 6, ~ 6~7))
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 ease of a new metered
water service, upon request will be given ninety days to pay for the remote reading attachment.
(Ord. 1269, 1988; Ord. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 6, ~ 6~8))
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. 1077
~ 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 notify the customer in writing 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)
13.12.380 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
XIII-35 1 0/2005
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))
13.12.390 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. 1 077 ~ 1 (part), 1981; prior code ~
10.04.030 (Rule 6, ~ 6-20))
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. 1 077 ~ 1 (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. 1 077 ~ 1 (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
W here 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 applicable rates. (Ord. 1 077 ~ 1 (part),
1981; prior code ~ 10.04.030 (Rule 6, ~ 6-4))
13.12.430 Termination of Service by Customer
The customer shall give utility at 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 off
the water at the curb box and allowance will be made on the bill (for customers on a flat-rate
XIII-36 10/2005
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 is
repaired. (Ord. 1 077 ~ 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 the 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 the
utility of the repair made. (Ord. 1077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 6, ~ 6-10))
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. 1 077 ~ 1 (part), 1981; prior
code ~ 10.04.030 (Rule 6, ~ 6-14))
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, the 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))
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 the 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 service until the customer's account, if any be outstanding, is paid in full.
The utility may also require the customer to pay all costs of discontinuing or reestablishing
service. (Ord. 1 077 ~ 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. 1077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 6, ~ 6-17))
XIII-37 1 0/2005
13.12.500 Violation of Irrigation 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 of the 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. 1 077 ~ 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 day's 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. 1 077 ~ 1 (part), 1981; prior code ~ 10.04.030 (Rule 6, ~ 6-22))
XIII~38 10/2005
Chapter 13.16
WATER SYSTEM RULES AND REGULATIONS
Sections:
13.16.010 Rules and Regulations Adopted - Part of Contract with Customer
13.16.020 Plumbers ~ Rules and Regulations
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 G-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 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 of the 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.
XIII-39 1 0/2005
. . ..---.--- ... -..-..- .----.- ....------.
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 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- 10. 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- 11. 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.
XIII-40 1 0/2005
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 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 Commission, 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-1. 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. It, 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 flaHate schedule wish to install
additional fixtures or should 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 permits 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.
XIII-41 10/2005
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 otherfixtures, 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 freed in any sum
not more than one hundred dollars.
Application for Permits
Rule 4. Any person or firm, carrying 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 permits must be made in writing, upon blanks
furnished 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.
Taps
Rule 5. No person, except the 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 violation 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 waterworks, 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 waterworks committee. The water pipe laid in trenches shall be
laid not less than six feet below the surface of the ground, and in such a
manner as to prevent rupture by settlement. All lead pipes used shall be of the
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
Y2 inch 5/8 inch 3 pounds
5/8 inch 3/4inch 3 pounds 10 oz.
3/4 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 than one-half inch, or iron pipe
XIII-42 10/2005
of less diameter than five-eighths inch, nor any pipe of greater diameter than
one inch, will be permitted to be placed under ground in connection with the
waterworks, unless by special permit. All work shall be done in the manner
required by the waterworks 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.
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.
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 ease 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.
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
waterworks 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 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 by 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.
XIII-43 10/2005
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.
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 discretion 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 ~
10.04.020)
XI 11-44 10/2005
Chapter 13.20
IRRIGATION RESTRICTIONS
Sections:
13.20.010 Outdoor Use of Water - Restrictions Authorized When
13.20.020 Violation - Penalty
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 outdoor
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 published in the
city. (Prior code ~ 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 fine hereby provided for, the judgment in any such case may also provide that the water
supply from the city waterworks shall be cut off from the offender until the fine is paid or security
given for the payment thereof, as well as 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 ~ 10.08.020)
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Chapter 13.21
OUTDOOR WATER USE RESTRICTIONS
Sections:
13.21.010 Definitions
13.21.020 Application of Restrictions
13.21.030 Authority to Restrict Outdoor Use of Water
13.21.040 Restriction of Particular Indoor Uses
13.21.050 Sprinkling Systems - Timing
13.21.060 Landscaping - Seeding - Sodding - Planting
13.21.070 Notice Required
13.21.080 Wasting Water Prohibited
13.21.090 Exception to Maintain Sanitation
13.21.100 Enforcement
13.21.110 Penalties
13.21.120 Legislative Intent
13.21.010 Definitions
For the purposes of this chapter, the following 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 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 equipment or by self-service;
3. Washing sidewalks, driveways, outside building walls, or other outdoor
surfaces;
4. Washing any business or industrial equipment machinery;
5. Operating any ornamental fountain or other similar structure not employing
a recirculating system;
6. Swimming and wading pools not employing 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 ~ 1 (part),
1986; Ord. 1185 ~ 1 (part), 1985)
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13.21.020 Application of Restrictions
The provisions of this chapter or any restriction 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 ~ 1 (part), 1986; Ord. 1185
~ 1 (part), 1985)
13.21.030 Authority to Restrict Outdoor Use of Water
The Director is, with the concurrence of the City Manager, authorized, directed, and
empowered, 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 ~ 1 (part), 1986; Ord. 1185 ~ 1 (part), 1985)
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 prohibited from serving water except upon request.
(Ord. 1201 ~ 1 (part), 1986; Ord. 1185 ~ 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 ~ 1 (part), 1986; Ord. 1185 ~ 1 (part), 1985)
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 restrictions are in effect, the director may restrict or wholly
prohibit the seeding, sodding, or planting of live vegetation. (Ord. 1201 ~ 1 (part), 1986; Ord. 1185
~ 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 ~ 1 (part), 1986; Ord. 1185 ~ 1 (part), 1985)
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. 1201 ~ I (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 sanitation 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.
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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. 1185 ~
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)
XIII-48 10/2005
Division 2
SEWERS
Chapter 13.24
SEWER SERVICE RULES AND REGULATIONS
Sections:
General Provisions
13.24.010 Regulations Adopted - Applicability
13.24.020 Definitions
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
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
Service Agreement
13.24.130 Application and Service Agreement - Effect
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 - Record Keeping Requirements
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
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
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13.24.320 Billing - Flat-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
13.24.370 Maintenance - Authorized Personnel Required
13.24.380 Violation of Regulations - Nonpayment of Sewer Charges Notice - Penalty
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, partnership, association, firm, public or private
corporation 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 agreement.
D. "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.
E. "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.
F. "Service agreement" means the agreement or contract between utility and customer
pursuant to which service is supplied and taken.
G. "Sewer service" or "service" means the collection and treatment of waterborne
wastes.
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. 1 081 ~ 1 (Rule 1, ~~ 1-1 - 1.8), 1981)
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. 1 081 ~ 1 (Rule 2, ~ 2-2), 1981)
13.24.040 Applicability of Provisions
These service regulations govern the supplying 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
XIII-50 10/2005
may heretofore govern the collection and treatment of waterborne wastes. (Ord. 1 081 ~ 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 regulations and the rate schedules, forms,
or agreements for sewer collection and treatment standards of the utility. (Ord. 1 081 ~ 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 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. 1 081 ~ 1 (Rule 2, ~
2-4),1981)
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 non-metered
rate, as hereinafter provided. (Ord. 1 081 ~ 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 service required. (Ord. 1 081 ~ 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 intended, 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 incurred by the utility
in discontinuing or reconnecting water service. (Ord. 1 081 ~ 1 (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 an
inspection or investigation. (Ord. 1081 ~ 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, 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. 1 081 ~ 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 attached thereto. (Ord. 1 081 ~ 1 (Rule 3, ~ 3-4), 1981)
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Service Agreement
13.24.130 Application and Service Agreement - Effect
A utility may require a customer or prospective 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 acceptance 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 regulations. (Ord. 1081 ~ 1 (Rule 4, ~ 4-1),1981)
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
establishment 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 within 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 provided;
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 furnished as provided in
Subsection C of this section;
E. Where the customer has, in an unauthorized manner, interfered 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 customer and is not in
dispute. (Ord. 1 081 ~ 1 (Rule 5, ~ 5-2), 1981)
13.24.160 Deposits - Standards to Be Applied Uniformly
A utility shall apply deposit standards uniformly as condition of utility service to all residential
customers. (Ord. 1081 ~ 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 continued
residential utility service based upon commercial credit standards (except as provided in these
rules): income, home ownership, residential location, race, color, creed, sex, age, national origin,
or any other criteria not authorized by these rules. This rule does not prohibit a utility from
XIII-52 10/2005
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. 1 081 ~ 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. 1 081 ~ 1 (Rule 5, ~ 5-6), 1981)
13.24.190 Deposits - Record Keeping Requirements
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.
A. 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;
5. 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 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. In such event, utility records shall be controlling.
(Ord. 1 081 ~ 1 (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 ~ 1 (Rule 5, ~ 5-7),1981)
13.24.210 Deposits - Refund Conditions
A. Utility may refund any customer's deposit, or a part thereof, by check or by credit to
the customer's account at anytime, 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.
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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. 1 081 ~ 1 (Rule 5, ~ 5-8),
1981 )
13.24.220 Guarantee - In Lieu of Deposit When
In lieu of 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 of this 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. 1081 ~ 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
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. 1081 ~ 1 (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. 1081 ~ 1 (Rule 5, ~ 5-13),1981)
Service Conditions
13.24.250 Basis for Supply of Service
Service will be supplied only under and pursuant to these service regulations, and any
modifications or additions thereto lawfully made, and under such applicable rates, schedules and
contracts as may from time to time be lawfully established. (Ord. 1 081 ~ 1 (Rule 6, ~ 6-1), 1981)
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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 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 roles 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 sewer system is adequate to meet the use for which the application
is made. (Ord. 1081 S 1 (Rule 6, S 6-5), 1981)
13.24.290 Installation Prerequisites and Procedures
All sewer services to any premises shall be installed 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 purpose. 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 installer, agreed
upon between utility and customer. (Ord. 1081 S 1 (Rule 6, S 6-6), 1981)
13.24.300 Billing -Ffor Multiple Delivery Points or Separate Meters for Single Customers
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 collection or metering shall be separately billed under the applicable rates. (Ord.
1081 S 1 (Rule 6, S 6-4), 1981)
13.24.310 Billing - Meter Service - Penalty for Delinquent Payments
All metered services shall be billed based on the actual water consumed, 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 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 S 1 (Rule 6, S 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 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 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 reconnecting the line. (Ord. 1081 S 1 (Rule 6, S 6-13), 1981)
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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 completion of the repair. The customer will be responsible for notifying utility of the repair
made. (Ord. 1081 S 1 (Rule 6, S 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 occur, shall reestablish service with reasonable diligence.
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 conditions,
acts of third parties, droughts, or, without limitation by the foregoing, any other
cause beyond the reasonable control of utility. (Ord. 1081 S 1 (Rule 6, S 6-8), 1981)
13.24.350 Suspension of Service for Repairs and Changes
When it is necessary for the utility to make repairs or to change its sewer collecting system,
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 significance to customers.
(Amended during 6-96 supplement; Ord. 1081 S 1 (Rule 6, S 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 S 1
(Rule 6, S 6.9), 1981)
13.24.370 Maintenance - Authorized 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
sewer system. (Ord. 1081 S 1 (Rule 6, S 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 file with and approved by the Commission,
the utility has the right to disconnect sewer service following ten day's 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 S 1 (Rule 6, S 6-12),1981)
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Chapter 13.28
SEWAGE DISPOSAL SYSTEM
Sections:
13.28.010 Purpose and Policy
13.28.020 Definitions
13.28.030 Abbreviations
13.28.040 Discharge Prohibitions
13.28.050 Wastewater Dischargers
13.28.060 Permit Required for Connection or Use
13.28.070 Sand and Grease Traps
13.28.080 Construction and Materials Standards
13.28.090 Use of Old Building Sewers Permitted When
13.28.100 Building Sewer - Location
13.28.110 Building Sewer - Excavations
13.28.120 Building Sewer - Connection to System.specifications
13.28.130 Building Sewer - Inspection Requirements
13.28.140 Connection to Public Sewer Required When
13.28.150 Private Sewage Disposal Facilities - Restrictions
13.28.160 Discharge of Unpolluted Waters to Sanitary Sewer Prohibited Unless
Approved
13.28.170 Connecting Downspouts or Drains to Building Sewers Prohibited When
13.28.180 Special Agreements for Sewage Treatment
13.28.190 National Categorical Pretreatment Standards
13.28.200 State Requirements
13.28.210 Excessive Discharge
13.28.220 Accidental Discharges - Notice to Employees - Control of Slug Discharges
13.28.230 Wastewater Classification Survey
13.28.240 Industrial Discharge Permit
13.28.250 Monitoring Facilities
13.28.260 Sampling, Analysis, and Inspection
13.28.270 Reporting and Compliance Requirements
13.28.280 Affirmative Defenses
13.28.290 Upsets
13.28.300 Bypass
13.28.310 Suspension and Revocation of Permit
13.28.320 Nuisance - Injunctive Relief Available - Liability
13.28.330 Criminal Penalties
13.28.340 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 applicable state and federal laws required by the Clean Water Act
of 1977 and the General Pretreatment Regulations (40 CFR, Part 403).
B. The objectives of this chapter are:
1. To prevent the introduction of pollutants into the municipal wastewater
system which will interfere 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
XIII-57 10/2005
receiving waters or the atmosphere or otherwise be incompatible with the
system;
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 non-
domestic users and through enforcement 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 S 1 (part), 1985)
13.28.020 Definitions
Unless the context specifically indicates otherwise, the following terms and phrases, as used
in this chapter, shall have the meaning hereinafter designated:
A. "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.
B. Authorized Representative of Industrial User. An "authorized representative of
an industrial user" may be:
1. A principal executive officer or an officer of at least the level of
vice-president, if the industrial user is a corporation;
2. A general partner or proprietor if the industrial user is a partnership
or proprietorship, respectively;
3. A duly authorized representative of the individual designated above
if such representative is responsible for the overall operation of the
facilities from which the indirect discharge originates.
C. "Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure,
five days at twenty degrees Centigrade expressed in terms of weight and
concentration (milligrams per liter (mg/1 )).
D. "Building drain" means that part of the lowest horizontal piping of a drainage
system which receives 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.
E. "Building sewer" means the extension from the building drain to the public sewer
or other place of disposal.
F. "Bypass" means the diversion of waste streams from any portion of an industrial
user's treatment facility directly to the POTW.
G. "Categorical standards" means National Categorical Pretreatment Standards or
pretreatment standard.
H. "City" means the City of Bozeman, Montana.
I. "Combined sewer" means a sewer receiving both surface runoff and sewage.
J. "Cooling water" means the water discharged from any use such as air
conditioning, cooling, refrigeration, or to which the only pollutant added is heat.
K. "Direct discharge" means the discharge of treated or untreated wastewater
directly to the waters of the State of Montana.
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L. "Engineer" means the City Engineer, or his authorized deputy, agent or
representative.
M. "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.
N. "Garbage" means solid wastes from the preparation, cooking, and dispensing of
food and from the handling, storage, and sale of produce.
o. "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 without
consideration of time.
P. "Holding tank waste" means any waste from holding tanks such as chemical
toilets, campers, trailers, septic tanks, and vacuum pump tank tracks.
Q. "Indirect discharge" means the discharge or the introduction of non~domestic
pollutants from any source regulated under Section 307(b) or (c) of the act, (33
U.S.C. 1317), into the publicly owned treatment works (POTW).
R. "I ndustrial user" means any user that discharges wastewater other than domestic
wastes from industrial or commercial processes.
S. "Industrial wastes" means the liquid wastes from industrial processes, as distinct
from sanitary sewage.
T. "Interference" means the inhibition or disruption of the POTW treatment
processes or operations which contributes to a violation of any requirement 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 U.S.C.
1345) or any criteria, guidelines, or regulations developed pursuant to the Solid
Waste Disposal 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.
U. "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 U.S.C. 1347) which applies to a specific
category of industrial users.
v. "National Pollution Discharge Elimination System permit" or "NPDES permit"
means a permit issued pursuant to Section 402 of the Act (33 U.5.C. 1342).
W. "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard"
means any regulation developed under the authority of 307(b) of the Act and 40
CFR, Section 403.5, as amended.
X. "Natural outlet" means any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
Y. "New source" means any source, the construction of which is commenced after
the publication of proposed regulations prescribing Section 307(c) (33 U.S.C.
1317), Categorical Pretreatment Standard, which will be applicable to such
source, if such standard is thereafter promulgated within one 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.
z. "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).
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AA. "Person" means any individual, business association, partnership, corporation,
or other legal entity.
BB. "pH" means the logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in grams per liter of solution.
CC. "Pollutant" means any dredged spoil, solid waste, incinerator residue, wastewater,
garbage, sewage sludge, munitions, chemical wastes, biological material,
radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar
dirt, and industrial, municipal, and agricultural waste discharge into water.
DD. "Pollution" means the man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
EE. "POTW treatment plant" means that portion of the POTW designed to provide
treatment to wastewater.
FF. "Pretreatment" or "treatment" means the reduction of the amount of pollutants, the
elimination 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 reduction 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).
GG. "Properly shredded garbage" means the wastes from the preparation, cooking,
and dispensing of foods that have been shredded to such a degree that all
particles will be carried freely under the flow conditions normally prevailing in
public sewer, with no particle greater than one-half inch in any dimension.
HH. "Publicly owned treatment works (POTW)" means a treatment works as defined
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
treatment plant, but does not include pipes, sewers, or other conveyances not
connected to a facility providing 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.
II. "Public sewer" means a sewer in which all owners of abutting properties have
equal rights and which is controlled by the City.
JJ. "Sanitary sewer" means a sewer which carries sewage and to which storm,
surface, and ground waters are not intentionally admitted.
KK. "Severe property damage" means substantial physical damage to property, or
significant operational interference, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays in
production.
LL. "Sewer" means a pipe or conduit for carrying sewage.
MM. "Shall" is mandatory; "may" is permissive.
NN. "Significant industrial user." Except as provided in Section 13.28.240.C, the term
"significant industrial user" means:
1. All industrial users subject to Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and
2. Any other industrial user that discharges an average of twenty-five
thousand gallons per day or more of process wastewater to the
POTW (excluding sanitary non-contact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up
five percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated as such by
XIII-60 10/2005
the Engineer on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
00. "Slug discharges" means any non-routine discharge, episodic in nature, including,
but not limited to an accidental spill or a non-customary batch discharge.
PP. "Standard industrial classification (SIC)" means a classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1972.
QQ. "State" means the State of Montana.
RR. "Storm sewer" or "storm drain" means a sewer which carries storm and surface
waters and drainage but excludes sewage and polluted industrial wastes.
SS. "Storm water" means any flow occurring during or following any form of natural
precipitation and resulting therefrom.
TT. "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.
UU. "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic
in regulations promulgated under the provisions of CW A 307(a) or other acts.
VV. "Upset" means an incident, beyond the reasonable control of the industrial user,
that causes the user to be in unintentional and temporary noncompliance 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.
WW. "User" means any person who contributes, causes, or permits the contribution of
wastewater into the City's POTW.
XX. "Wastewater" means the liquid and water carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions, together
with such ground, surface, and storm waters as may be present, whether treated
or untreated, which is contributed into or permitted to enter the POTW.
YY. "Wastewater contribution permit" shall have the meaning as set forth in Section
13.28.240 of this chapter.
ZZ. "Watercourse" means a channel in which a flow of water occurs, either
continuously or intermittently.
AAA. "Waters of the state" means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations 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 S 1, 1994; Ord. 1184 S
1 (part), 1985)
13.28.030 Abbreviations
The following abbreviations shall have the designated meanings:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
COD Chemical oxygen demand
CWA Clean Water Act
I Liter
mg Milligrams
mg/I Milligrams per liter
NPDES National Pollutant Discharge Elimination System
XIII-61 10/2005
POTW Publicly owned treatment works
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
USC United States Code
TSS Total suspended solids
(Ord. 1184 S1 (part), 1985)
13.28.040 Discharge Prohibitions
A. No user shall contribute or cause to be contributed, directly or indirectly, any
pollutant or wastewater which will cause pass-through or interfere with the operation
or performance of the POTW. These general prohibitions apply to all such users
of a POTW whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state, or local pretreatment standard 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 flashpoint of less than one hundred forty degrees Fahrenheit
or sixty degrees Centigrade using the test methods specified in 40 CFR
261.21. Prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketone,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides, and sulfides and any other substances which constitutes a fire
or explosion hazard;
2. Solid or viscous substances which may cause obstruction to the flow in a
sewer or other interference 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 refining or processing of fuel or lubricating oil, mud,
or glass grinding or polishing wastes;
3. Unless authorized by the City Engineer, 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 limitation set forth in a categorical pretreatment standard. A
toxic pollutant shall include but not be limited to any pollutant identified
pursuant to Section 307(a) of the Act;
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5. Any noxious or malodorous liquids, gases, or solids which either singly or
by interaction with other wastes are sufficient to create a public nuisance
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 reclamation process. In no
case, shall a substance discharged 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 regulations 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
solutions;
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;
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, non-biodegradable 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 contributing 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 contribution 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 conditions set forth in this chapter, particularly Sections 13.28.220 through
13.28.310, inclusive. (Ord. 1646 S 1, 2005; Ord. 1390 S 2, 1994; Ord. 1184 S 1
(part), 1985)
XI 11-63 10/2005
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 S 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 disturb any public sewer or appurtenance thereof without first obtaining a written permit from
the City. (Ord. 1184 S 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 trap of a size and construction approved by the
Engineer. Each owner shall submit a detailed drawing 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 mg/I of
oil and grease or that has a recurrence with grease buildup or blockage of sewer
lines shall immediately install an approved 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 S 3, 1994; Ord. 1184
S 1 (part), 1985)
13.28.080 Construction and Materials Standards
The size, slope, alignment, materials of construction 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
AS.T.M. and W.P.C.F. Manual of Practice No.9 shall apply. (Ord. 1184 S 1 (part), 1985)
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 S
1 (part), 1985)
13.28.1 00 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 building drain is too low to permit gravity flow to
the public sewer, sanitary sewage carried by such building drain shall be lifted at the user's
expense by an approved means and discharged to the building sewer. (Ord. 1184 S 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 property disturbed in the course of the work shall be restored in a manner satisfactory to
the Engineer. (Ord. 1184 S 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 roles and regulations of the City, or the
XIII-64 1 0/2005
procedures set forth in appropriate specifications of the AS.T.M. and the W.P.C.F. Manual of
Practice No.9. All such connections shall be made gas-tight and watertight and verified by proper
testing. Any deviation from the prescribed procedures and materials must be approved in writing
by the City before installation. (Ord. 1184 S 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 S 4, 1994; Ord. 1184
S 1 (part), 1985)
13.28.140 Connection to Public Sewer Required When
The owner of any house, building, or other property 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 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 18.50.030.D. (Ord. 1390
S 5, 1994; Ord. 1184 S 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 S 6, 1994; Ord. 1184 S 1 (part), 1985)
13.28.160 Discharge of Unpolluted Waters to Sanitary Sewer Prohibited Unless
Approved
No person shall discharge or cause to be discharged any storm water, 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 sanitary sewer upon
approval of the Engineer. (Ord. 1184 S I (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 S 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 strength or character may be accepted by the City for treatment. Such
agreement shall not include the waiver of National Categorical Pretreatment Standards. (Ord.
1184 S 1 (part), 1985)
13.28.190 National Categorical Pretreatment Standards
Upon the promulgation of the National Categorical Pretreatment Standards for a particular
industrial subcategory, the national standard, if more stringentthan limitations imposed under this
chapter for sources in that subcategory, shall immediately supersede the limitations imposed
under this chapter. (Ord. 1184 S 1 (part), 1985)
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13.28.200 State Requirements
State requirements and limitations on discharges shall apply in any case where they are
more stringent than national requirements and limitations or those in this chapter. (Ord. 1184 S
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 limitations contained in this chapter. (Ord. 1184 S 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
accidental discharge of prohibited materials shall be provided and maintained at the
user's own cost and expense. Detailed plans showing facilities and operating
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 have been approved by the City. Review and approval 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 accidental 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, concentration, 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
notification 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 advising employees whom to call in the event of a dangerous discharge.
Each user shall advise all employees who may cause or suffer such a dangerous
discharge to occur of the emergency notification procedure.
D. The City may evaluate, at any time, whether each significant industrial user needs
a plan to control 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, including non-routine 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 inspecting and maintaining of storage areas, handling and
transfering of materials, loading and unloading operations, controlling of
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__________.___ u_..u_
plant site runoff, worker training, and the building of containment structures
or equipment. (Ord. 1390 S 7, 1994; Ord. 1184 S 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 discharging 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
information, 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 non-discharge wastes and their disposal.
S. All industrial users obtaining a building permit 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 include 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 production
variations. The Engineer may request a new submittal of the wastewater
classification survey as deemed necessary. (Ord. 1390 S 8, 1994; Ord. 1184 S 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 ($100) and a renewal fee
of fifty dollars ($50) if the user:
1. Is subject to National Categorical Pretreatment Standards; or
2. Is determined by the Engineer to have significant impact, either singly or
in combination with other contributing industrial users, on the quality of the
wastewater treatment plant's effluent, sludge, scum, 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 codified in this chapter and
proposed new significant industrial users shall apply at least sixty days (60) prior to
discharging into the wastewater utility. The application shall include a statement
regarding whether or not applicable pretreatment standards are being met on a
consistent basis, and, if not, what additional operation and maintenance and/or
additional pretreatment is required to meet the standards.
C. The Engineer may, at any time, and in accordance with 40 CFR 403.8(f)(6),
determine that an industrial user meeting the criteria of Section 13.28.020(NN) 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.
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D. Industrial wastewater permits are subject to all provisions of this chapter and all
other applicable reports, regulations, user charges, and fees established by the City.
Permits may contain, without limitation, the following:
1. A statement of duration;
2. A statement of non-transferability;
3. Effluent limits based on applicable general pretreatment standards,
categorical pretreatment standards, local limits, and state and local law;
4. Limits on average and maximum rate and time of discharge or
requirements for flow regulation 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;
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
constituents 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
schedule. 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 permit re-issuance at least
thirty days prior to the expiration of the user's existing permit. The terms and
conditions for the permit may be subject to modification by the Engineer during the
term of the permit if limitations or requirements are modified, if necessary 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 cause. 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 prescribed 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 S 9, 1994; Ord. 1184 S 1 (part), 1985)
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.
S. The monitoring facility shall normally be situated outside of the building on the user's
premises. If the industrial user's service line ties into an existing city manhole and
XIII-68 10/2005
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 discharging 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 measuring
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 sampling and monitoring equipment and facilities in accordance with monitoring
requirements and all applicable local construction standards and specifications
within sixty days following written notification by the Engineer or before formal
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 ail reasonable times to all parts of the
premises where wastewater is created or discharged, including industrial 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 industrial 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 S 10, 1994; Ord. 1184 S 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, testing, and
analyzing 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 measurements, tests, samples, and analyses
required by this chapter in accordance with the techniques prescribed in 40 CFR
136 and amendments thereto. The Engineer 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 analyzing
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 appropriate.
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.
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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 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 surveillance activities in order to identify, independent of information
supplied by the industrial users, occasional and continuing noncompliance with
pretreatment standards.
G. The City shall inspect and sample the effluent from each significant industrial user
at least once a year. (Ord. 1390 S 11, 1994; Ord. 1184 S 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 CFR 403.12. All reports shall be based on
sampling and analysis performed during the period covered by the report, and
performed in accordance with the techniques described in 40 CFR Part 136 and
amendments thereto. All reports shall be signed by an authorized representative
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, a semi-annual 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;
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 requirements, the industrial user shall supply the
shortest schedule by which the industrial user will provide such additional
pretreatment and/or operation and maintenance.
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B. An industrial user is in significant noncompliance if its violation meets one or more
of the following criteria:
1. Chronic violation of wastewater discharge limits, defined here as those in
which sixty-six percent or more of all the measurements taken during 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
TRC (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);
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 prevent 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 enforcement
order for starting construction, completing construction, or attaining final
compliance;
6. Failure to provide, within thirty days after the due date, required reports
such as baseline monitoring 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 pretreatment
program.
C. The City may publish an annual public notification, in the largest dally newspaper
published in the municipality in which the POTW is located, of industrial users
which, at any time during the previous twelve months, were in significant
noncompliance with applicable pretreatment requirements.
D. All industrial users shall notify the POTW, EPA Regional Waste Management
Division Director, and pretreatment hazardous waste authorities in writing of any
discharge into the POTW of a substance, which, if otherwise disposed of, would be
a hazardous 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 divulge information processes or methods of
production entitled to protection as the user's trade secrets.
XIII-71 10/2005
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 or 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 document filed or required to
be maintained pursuant to this chapter.
H. No person shall falsify, tamper with, or knowingly render inaccurate any monitoring
device or method required under this chapter.
I. The Engineer shall have access to records and wastewater testing facilities during
normal working hours of the user. (Ord. 1390 S 12, 1994; Ord. 1184 S 1 (part),
1985)
13.28.280 Affirmative Defenses
An industrial user shall have an affirmative defense 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 discharge or discharges from other sources, would cause pass-through or
interference; and
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 industrial 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 regularly in
compliance with the POTW's NPDES permit requirements and, in the case of
interference, applicable requirements for sewage sludge use or disposal. (Ord. 1390
S 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
relevant evidence that:
1. An upset occurred and the industrial user can identify the cause(s) of the
upset;
XIII-72 10/2005
..- -.-. ..---- --...--.
2. The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance
procedures;
3. The industrial user has submitted the following 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 noncompliance;
S. 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 S 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 operation. These bypasses are not
subject to the provision of Subsections Band C of this section.
S. 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 POTW treatment plant
within twenty-four hours from the time the industrial 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 description 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 reoccurrence 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 facilities, 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 of reasonable engineering judgment to prevent a bypass which
XIII-73 10/2005
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occurred during normal periods of equipment downtime or preventative
maintenance; and
3. The industrial user submitted notices as required under Subsection B of
this section.
D. The City may approve an anticipated bypass, after considering its adverse effects,
if the City determines that it will meet the three conditions listed in Subsection C of
this section. (Ord. 1390 S 16,1994)
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 imminent or substantial
endangerment to the environment and/or public health, safety, and welfare;
2. Discharges wastewater which causes interference 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 constituents and characteristics;
7. Tampers with, disrupts, or damages monitoring 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 disqualification, its effect on public health, safety and
welfare, and the time during which the disqualification can be remedied if at all.
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 suspension 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 non-complying discharge. A detailed written statement submitted
by the user describing 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 suspended, may request a hearing before the
City Commission to show cause why the proposed enforcement action should not
have been taken.
XIII-74 10/2005
.. - .___. ._.__...n_. _._______._ -------.----.------ ."_.,, ..-..
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 representative will conduct the
hearing by accepting testimony and evidence relevant to the matter
involved 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 heating, 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 SS 13 (part) & 17, 1994; Ord. 1184 S 1 (part),
1985)
13.28.320 Nuisance - Injunctive Relief Available - Liability
A. Any discharge into the POTW in violation of this chapter or any role, regulation,
limitation, permit 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 role,
regulation, limitation, permit condition, or order in force pursuant 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 violation of this chapter.
C. Any person who violates any provision of this chapter or any rule, regulation,
limitation, permit 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, including but not limited to injury to or
death of any person, damage to property, enforcement of this chapter, attorneys'
fees, or increased costs for managing effluent, sludge, or operating POTW.
D. Any person who discharges into the POTW in violation of any provision of this
chapter or any role, 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, including but not limited to fines assessed against the City,
enforcement of this chapter, attorney's fees, sampling, or analytical testing. (Ord.
1390 S 13 (part), 1994; Ord. 1184 S 1 (part), 1985)
13.28.330 Criminal Penalties
Any person who purposely, knowingly, or negligently violates any provision of this chapter,
or any role, 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 or imprisonment for not more than six months or both. (Ord. 1411 S 1, 1995;
Ord. 1390 S 13 (part), 1994; Ord. 1184 S 1 (part), 1985)
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 ($200) or more than five hundred dollars ($500) 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 S 18, 1994)
XIII-75 10/2005
Chapter 13.32
SEWER SERVICE OUTSIDE CITY
Sections:
13.32.010 Applicability of Chapter and Plumbing Code
13.32.020 Application for Permission to Connect
13.32.030 Extension of Service - Factors for Consideration
13.32.040 Consent to Annexation - Design Specifications Applicable
13.32.050 Sewer Connection Charge
13.32.060 Line Extensions - Costs Borne by Property Owners
13.32.070 Rates, Charges, and Rentals
13.32.010 Applicability of Chapter and Plumbing Code
Any person owning or leasing property outside the corporate limits of the city now connected
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 plumbing
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 property which is to
be connected with the city sewerage system shall comply with the plumbing code. (Ord. 1081 S
2 (part), 1981; prior code S 10.18.060)
13.32.020 Application for Permission 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 permit from the plumbing inspector and paying the
inspection fee required by the plumbing code. (Ord. 1081 S 2 (part), 1981; prior code S 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:
1. 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;
5. 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.
S. The City Manager will be responsible for submitting information and
recommendations pertaining to the foregoing factors. (Ord. 1081 S 2 (part), 1981;
prior code S 10.18.010)
13.32.040 Consent to Annexation - Design Specifications Applicable
A. Any person, firm, or corporation requesting water and/or sewer service outside of
the incorporated limits of the city shall be required, as a condition precedent to the
XIII-76 10/2005
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 approved by the City Engineer
prior to the installation 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 outside 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 extensions 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 connected 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)
XIII.77 10/2005
Chapter 13.36
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 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)
13.36.020 Operation and Maintenance Costs Designated - Determination
The City or its City Engineer shall determine the total annual costs of operation and
maintenance of the wastewater system which are necessary to maintain the capacity and
performance during the service life of the treatment works for which such works were
designed and constructed. The total annual cost of operation and maintenance shall include, but
need not be limited to, labor, repairs, equipment replacement, maintenance, necessary
modifications, power, sampling, laboratory tests, and a reasonable contingency fund. (Ord. 1081
S 2 (part), 1981; Ord. 1064 S 1 (part), 1980; Ord. 1059 (part), 1980; prior code S 10.19.011)
13.36.030 Wastewater Contribution Percentage - Determination Procedure
A. The City or its City Engineer shall determine each user's average daily volume of
wastewater which has been discharged to the wastewater system, which shall then
be divided by the average daily volume of all wastewater discharged 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 determine each user's average suspended solids
(SS) poundage which has been discharged to the wastewater system, which shall
then be divided by the average daily poundage of all suspended solids discharged
to the wastewater system, to determine the user's suspended solids contribution
percentage. Each user's volume 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 Centigrade BOD and of the
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suspended solids, respectively. (Ord. 1081 S 2 (part), 1981; Ord. 1064 S I (part),
1980; Ord. 1059 (part), 1980; prior code S 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 treating such users' above-normal BOD and two
hundred fifty ppm SS. The surcharge rate structure 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 S 10.19.013)
13.36.050 Determining Each User's Wastewater Service Charges
Each nonresidential user's wastewater treatment cost contribution as determined in Sections
13.36.030 and 13.36.040 shall be added together to determine such users' annual wastewater
service charge. Residential users may be considered to be one class of user, and an equitable
service charge may be determined for each user based upon an estimate of the total wastewater
contribution of this class of user. The governing body may classify industrial, commercial, and
other nonresidential establishments are equivalent to the wastes from the average residential
user with respect to volume, suspended solids, and BOD. Each user's wastewater 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 S 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 S 2 (part), 1981; Ord. 1064 S 1 (part), 1980; Ord. 1059 (part), 1980; prior code S 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-twelfth of the user's annual wastewater service charge may be included
with the monthly water and/or wastewater 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 within three months of the
due date, the City may stop the wastewater service to the property. (Ord. 1081 S 2 (part), 1981;
Ord. 1064 S 1 (part), 1980; Ord. 1059 (part), 1980; prior code S 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
connection shall be made voluntarily or ordered to be made by the Director of Public Service, and
the person so voluntarily making such connection 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 be divided into not more than eight equal annual payments with
interest on the deferred payments at not to exceed six percent per year; the Director of Finance
shall make the appropriate 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 S 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 system 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 modifications
which would change that user's wastewater 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 wastewater contribution percentage is to be changed. The City shall
notify the user of its findings as soon as possible. (Ord. 1081 S 2 (part), 1981; Ord. 1064 S 1
(part), 1980; Ord. 1059 (part), 1980; prior code S 10.19.016)
13.36.100 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 sewerage charge for each user of the sewerage utility.
In all cases, the sewerage charges shall appear as 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 concurrent 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 indebtedness from and after the fifteenth day of the month in which
the charge becomes due and payable. To the full extent now or hereafter permitted by law,
overdue sewerage charges shall constitute a lien upon, and enforceable 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 S 2 (part), 1981; prior code S 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:
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Extra Strength Surcharge
S = (V,* 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.
. Compiler's Note: The City Unit Charges listed in this formula are adjusted by subsequent rate resolutions,
as adopted by the City Commission.
(Ord. 1082 S 1, 1981; Ord. 1081 S 2 (part), 1981; Ord. 1064 S 1 (part), 1980; Ord. 1059
(part), 1980; prior code S 10.19.030)
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