LA3506-700

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Chapter 700

WATER SUPPLY SYSTEM

ARTICLE I

Rules and Regulations For Operation of System

Section 700.010. General Provisions. [Ord. No. 212 §1, 4-12-1983]

These rules and regulations have been adopted to govern the water service furnished by the owner in a uniform manner for the benefit of the owner and its water users and are subject to change as herein provided without notice to any water users or any other person. All such changes must be approved by the State Director of Rural Development, United States Department of Agriculture, so long as the owner has unpaid obligations which are held or insured by the United States of America. Any amendment or change to these rules and regulations shall be effective on the date such amendment or change is passed by the owner, as herein provided, or on such other date as the owner may by resolution designate. Such amendment or change shall be ineffective only if not approved by the State Director of Rural Development, United States Department of Agriculture as hereinbefore provided, but in the event such approval is given by the State Director of Rural Development, United States Department of Agriculture, said approval shall be retroactive to the date of such change or amendment as provided herein or as otherwise provided by resolution of the owner. If any portion of these rules and regulations shall be declared invalid by competent authority, such invalidity shall not affect the validity of the remaining portion.

Section 700.020. Definitions. [Ord. No. 212 §2, 4-12-1983]

The following expressions, words and terms, when used herein, shall have the meanings stated below:

APPLICANT — Any individual, firm, partnership, corporation, the Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency applying for a water user’s agreement.

LANDOWNER — Any person owning property served by the water system of the owner or who has a leasehold interest therein with more than a year to run. The term “landowner” shall also include life tenants, but the owner may, at its discretion, require remaindermen to enter into any agreement required with the property owner under these rules and regulations in all respects.

OWNER — City of Laddonia.

POINT OF DELIVERY — The point of delivery shall be at the meter, unless otherwise specified in the water user’s agreement or in any other agreement where it shall be mentioned.

SERVICE — When used in connection with the supplying of water, shall mean the availability for use by the water user of water, subject to the provisions of these rules and regulations. Service shall be considered as available when the owner maintains the water supply at a minimum of twenty (20) p.s.i. pressure at the point of delivery with the service line static, in readiness for the water user’s use, regardless of whether the water user makes use of it.

STATE DIRECTOR — The State Director of Rural Development for Missouri, United States Department of Agriculture, or his successors.

USER — Any individual, firm, partnership, corporation, the Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government or other agency receiving water and waste services, or to whom water services are made available from the owner’s facilities.

WATER SERVICE — Consists of facilities for supplying water to one residence or business establishment located on land within the jurisdiction of the owner.

WATER USER’S AGREEMENT — The written contract between the water user and the owner pursuant to which water service is supplied or made available.

Section 700.030. Rate Schedule. [Ord. No. 212 §3, 4-12-1983]

A. Rate schedules for water and water services are fixed by the owner and shall be on file in the City offices. The rate schedule is subject to change by action of the owner, with the approval of the State Director of Rural Development, United States Department of Agriculture, so long as the owner has unpaid obligations which are held or insured by the United States of America. If a provision of the rules and regulations conflict with the provisions of the rate schedule, the provisions of the rate schedule shall prevail. If the total amount of revenue and income derived from the collection of the water rates is insufficient to meet the payment of the costs of operation, maintenance, depreciation, necessary extensions and enlargements, and payment of the principal and interest on any general and special obligation bonds then outstanding with their attendant obligations pursuant to the terms of the bonds and the authorizing resolutions, the owner shall increase the water rates for the first month thereafter in an amount sufficient to meet these costs and obligations.

B. The owner may require, at its discretion, for meters to be read by the water users and readings reported to the owner.

Section 700.040. Applications; Water Meter Deposit. [Ord. No. 212 §4, 4-12-1983]

A. Applicants for a water user’s agreement shall make application to the owner. Such application shall be in writing, and the owner shall prescribe the forms of such application.

B. Water and Sewer Deposit Required. All future applicants for water and sewer service in the City of Laddonia shall be required, in addition to any service charges required by other Sections in this Article, as amended, to pay a water meter deposit in an amount as set by the Board of Aldermen from time to time and on file in the City offices. Said deposit shall be refundable to the applicant upon discontinuance of water service, after the payment of all fees and charges due to the City of Laddonia. The initial connection charge which applies only to property with existing meters, is not refundable. [Ord. No. 242 §II, 4-11-1991; Ord. No. 333 §II, 10-14-2000]

Section 700.050. Service Requirements. [Ord. No. 212 §5, 4-12-1983]

A. Readiness To Accept. Before installing a service extension and providing water, the owner may require the applicant to pipe his home and be in readiness to accept the service.

B. Service For Sole Use Of The Water User. The standard water service connection is for the sole use of the water user and does not permit the extension of pipes to transfer water from one property to any other consumer, nor will the user share, resell, or submeter water to any other consumer. If an emergency or specific situation should make such an arrangement advisable, it shall be done only on specific written permission of the owner for the duration of the emergency. No more than one (1) residence shall be served by one water service connection. A farm containing one residence and other buildings for use in the farming operation shall be considered as one residence, and the water user may use water from one (1) meter for all such buildings, provided that, in the event that a farm contains two or more residences, a meter shall be required for each residence, unless the owner shall find such to be an unusual hardship upon the water user, in which case a special agreement may be made concerning such additional residence, and the rules for a multiple-unit dwelling as set forth in these rules and regulations shall be applied to determine the rate for such farm containing two residences.

C. Hardship Agreement. The owner may enter into a special agreement whereby a right of entry is granted to the owner to read a meter placed on private property for remotely located residences or remotely located water uses, where the location of the meter as provided in these rules and regulations would, in the owner’s opinion, cause undue hardship and expense on the water user. Such special agreements must be written, and no water user or applicant for water service shall have any right to force the owner to enter into such a special agreement, but such agreements must be entered into solely at the discretion of the owner. The owner may in the alternative apply the multiple-unit residence rule stated in these rules and regulations.

D. Continuity Of Service. The owner will make all reasonable efforts to supply continuous, uninterrupted service. However, it shall have the right to interrupt service for the purpose of making repairs, connections, extensions or for other necessary work. Efforts will be made to notify water users, whenever possible, who may be affected by such interruptions, but the owner will not accept responsibility for losses which might occur due to such necessary interruptions. The owner does not accept responsibility and shall not be liable for losses which might occur due to interruptions to service for any cause and does not accept responsibility for losses due to failure of the owner to notify any water user of any such interruption.

E. Services. The owner will install all water service pipes from its mains to the meters on property abutting the right-of-way along which the main is installed insofar as its current financial responsibilities, obligations and conditions will permit, and insofar as adequate water pressure is available at the point of delivery requested by the applicants or water user. The service pipe shall not be less than three-fourths (3/4) inch in size, and the owner will also install and pay for the owner’s main connection, meter and meter setting. The meter will be set at the point on the water user’s premises designated by the owner. The charge for services to be made by the owner shall be that amount specified in these rules and regulations, or as otherwise provided by the owner, but in no event shall it be less than the cost to the owner.

F. Right To Inspect. Representatives of the owner shall have the right at all reasonable hours to enter upon the water user’s premises to read and test meters, inspect piping, and to perform other duties for the maintenance and operation of service, or to remove its meters and equipment upon discontinuance of service by the water user.

G. Piping Work To Be Inspected. All piping work in connection with pipes and services connected with the owner’s main shall be submitted to the inspection of the owner before such underground work is covered up. Whenever the owner determines that a job of plumbing is obviously defective, although not in direct violation, the owner may require that it be corrected before the water will be turned on. The owner may prescribe the type of materials and the standard of workmanship to be followed in enforcing this Section.

H. Intercepting Tank Required For Large Customers. Service pipes shall not be connected to the suction side of pumps. The supply for use of a character requiring a large quantity of water within a short period will not be permitted except through intercepting or intermediate storage tanks.

I. Check Valves, Plush Valves And Vacuum Breakers. Water users having boilers or hot-water systems connected with mains of the owner must have a check valve in the supply pipe to the boilers and hot-water heating systems, together with a release valve at some point between the check valve and the heating system. All water users are hereby cautioned against danger of collapse of boilers since it is sometimes necessary to shut off the supply of water without notice, and for this reason, a vacuum valve should be installed in the steam lines to prevent a collapse in case the water supply is interrupted. The owner, however, will not be responsible for accidents or damages resulting from the imperfect action or failure of said valves.

J. Cross-Connections And Interconnections.

1. The owner will not allow to be made any physical connection in its water supply system to that of any other pipe system or equipment, where such other pipe system or equipment in any manner receives all or any part of its supply of water directly or indirectly from wells, streams, or any source other than that of the water system of the owner.

2. No interconnection or cross-connection, as defined below, shall be permitted. The making, causing or permitting of the installation or existence of any interconnection or cross-connection shall constitute a violation of the rules and regulations of the owner, and such prohibited connection shall be removed forthwith in a manner acceptable to the owner and the duly constituted public health officials.

3. Failure to do so within two (2) days from and after date of notification by the owner may result in discontinuance of water service without further notice.

4. When used in these rules and regulations, the following words and phrases shall have the meanings herein provided:

CROSS-CONNECTIONS — Any pipe, valve, or other arrangement or device connecting the pipelines of the owner or facilities directly or indirectly connected therewith to and with pipes or fixtures supplied with water from any source other than the lines of the owner directly connected.

INTERCONNECTION — A plumbing arrangement, other than a cross-connection, by which contamination might be admitted or drawn into the distribution system of the owner or into lines connected therewith which are used for the conveyance of potable water.

5. The owner shall have the right at all hours to enter upon the water user’s premises for the purpose of inspection and enforcement of this provision.

K. Applicants Having Excessive Requirements. In the event of an applicant whose water requirements are bound to exceed the owner’s ability to supply it from existing physical assets without adversely affecting service to other water users, the owner will not be obligated to render such service, unless and until suitable financing is provided by the applicant to cover the additional physical assets. The owner has no obligation to reimburse the applicant for any physical assets provided.

L. Customer’s Duty Regarding Service Lines.

1. The water user’s service pipe and all connections and fixtures attached thereto shall be subject to the inspection of the owner before the water will be turned on, if the owner so elects, and all properties receiving a supply of water and all service pipes, meters and fixtures, including any and all fixtures within any improvements or buildings on said properties, shall at all reasonable hours be subject to inspection by any duly authorized employee or agent of the owner.

2. All service pipes shall be laid at all points at least forty-two (42) inches below the surface of the ground and shall be placed on firm and continuous earth so as to give unyielding and permanent support. They shall not be laid in sewer ditches. It shall be installed in the trench at least eighteen (18) inches in a horizontal direction, in undisturbed earth, from any other trench wherein are laid gas pipe, sewer pipe, or for other facility, public or private. Such service line shall not pass through premises other than that to be supplied, unless the owner shall so agree in writing.

3. The water user shall, at his own cost and expense, make all changes in the service pipe required or rendered necessary on account of changes in the street grades, relocation of mains, or other causes.

4. No fixture shall be attached to, or any branch made in, the service pipe between the main of the owner and the meter.

5. Any repairs or maintenance necessary to the service pipe or any pipe or fixture in or upon the water user’s premises shall be performed by the water user at his sole expense and risk.

6. Service pipes must be kept and maintained in good condition and free from all leaks, and, for failure to do so, the water supply may be discontinued.

7. The owner shall in no event be liable for any damage done or inconvenience caused by reason of any break, leak or defect in, or by water escaping from, service pipes or from fixtures on the premises of the owner or water user. The water user shall be billed in the usual manner for the cost of all such water, according to the rate schedule of the owner as provided for in these rules and regulations.

M. No One But Owner’s Employee May Turn Water Off Or On. No one but an employee or a person authorized by the owner shall turn on water or shut off water to any water user or to any property, except in the case of escaping water.

N. Water User Requiring Uninterrupted Supply.

1. The owner will endeavor to give reasonable service, but does not guarantee a sufficient or uniform pressure, or an uninterrupted supply of water, and water users are cautioned to provide sufficient storage of water where an absolutely uninterrupted supply must be assured, such as for steam boilers, hot-water heating systems, gas engines, etc.

2. Fixtures or devices taking a supply of water directly from the service pipes, depending upon the hydraulic pressure of the pipe system of the owner for supplying same under working pressure, would do so at the risk of the parties making such attachments, as the owner will not be responsible for any accidents or damages to which such fixtures or devices are subject.

Section 700.060. Fire Hydrants. [Ord. No. 212 §6, 4-12-1983]

A. Private fire hydrants may be installed by a written agreement with the owner, provided that the owner shall take into account all possible costs to the owner and charge an equitable price therefor, all cost factors considered. Public fire hydrants may be installed by special agreement with the State, a municipality, political subdivision or political corporation, and the owner shall take into consideration the same factors when entering such a contract.

B. In the event that the owner undertakes to furnish fire hydrants as a part of the service to the water users of the owner, then all water users of the owner shall be furnished with substantially the same degree of benefit from such hydrants, and in the event that this is impossible, then those receiving a higher degree of benefit shall pay an additional charge above the rates for water herein provided for, which shall be for such additional benefit. Such rates shall be equitable to all water users and shall depend upon cost studies made by the owner’s employees or consultants.

Section 700.070. Meters. [Ord. No. 212 §7, 4-12-1983]

A. Meters Furnished By Owner. Meters will be furnished, installed, owned, inspected, tested and kept in proper operating condition by the owner, without cost to the water user. The complete record of tests and histories of meters will be kept if deemed necessary by the owner. Meter tests will be made according to methods of the American Waterworks Association by the owner as often as deemed necessary by the owner.

B. Meter Accuracy. Service meter errors which do not exceed two percent (2%) fast or slow shall be considered as being within the allowable limits of accuracy for billing purposes. The percentage of error will be considered as that arrived at by taking the average of the error at full load and that at ten-percent load, unless a water user’s rate of usage is known to be practically constant, in which case the error at such constant use will be used.

C. Meter Location. Meters shall be set in an accessible place on the outside of buildings, except where otherwise directed by the owner. All meters shall be set horizontally and never connected into a vertical pipe. Meters outside of the buildings shall be placed in meter boxes furnished and installed by the owner.

D. Requested Meter Tests. Meter tests requested by water users shall be performed without cost to the water user if the meter is found to be in excess of two percent (2%) fast. Otherwise, the water user for whom the requested test was made will be charged for the cost of making the test.

E. Water User’s Responsibility. The water user shall be responsible for any damage to the meter installed for his service, for any cause other than normal wear and tear.

Section 700.080. Utility Bills. [Ord. No. 212 §8, 4-12-1983]

Bills shall be submitted to City residents on a monthly basis and are to be paid by the payment due date.

Section 700.090. Discontinuance of Water Service. [Ord. No. 212 §9, 4-12-1983]

A. Water service will be discontinued to any water user or property on account of temporary vacancy of such property upon written request of the water user, without in any way affecting the agreement in force, and upon payment of all charges due as provided in the rules and regulations of the owner.

B. In the event that the water service is disconnected for any reason other than the temporary vacancy of the property, or in the event that it is disconnected and another source of water supply is used for the property, then reconnection shall be made only in the event that all previous unpaid bills are paid before reconnection shall be allowed for such water user or property.

C. In the case of a water user who has been discontinued from the system for reason other than temporary vacancy of the property, or in the case of the landowner of such property desiring to restore service, then such water user or landowner shall pay, in addition to the charges above set forth, a reconnection charge, as set by the Board of Aldermen from time to time and on file in the City offices, for reconnection of said property to the system of the owner. Said reconnection charge shall apply in all cases of water service discontinued for non-payment of bills, or delivery of a bad check to the City in payment of bills, and other like causes for disconnection of water service. [Ord. No. 224 §1, 3-13-1984; Ord. No. 333 §II, 10-14-2000]

D. Except in the case of failure of the water user to pay the bill owed the owner for water service as set forth in these rules and regulations, the owner will not discontinue the service of any water user for violation of any rule or regulation of the owner without written notice of at least two (2) days, mailed to such customer at his address as shown upon the owner’s records or personally delivered to the water user or a member of the household, advising the water user what rule has been violated for which service will be discontinued if the violation is permitted to continue; provided, however, that where misrepresentation of use of water is detected, or where the owner’s regulating or measuring equipment has been tampered with, or where a dangerous condition is found to exist on the water user’s premises, service may be shut off without notice in advance. Subject to the foregoing provisions, service rendered under any application, contract or agreement may be discontinued by the owner for any of the following reasons:

1. For willful or indifferent waste of water due to any cause.

2. For failure to protect from injury or damage the meter and connections or for failure to protect and maintain the service pipe or fixtures on the property of the water user (or the property occupied by the water user) in a condition satisfactory to the owner.

3. For molesting or tampering by the water user, or others with the knowledge of the water user, with any meter, connections, service pipe, curb cock, seal, valve or any other appliance of the owner’s controlling or regulating the water user’s water supply.

4. For failure to provide the owner’s employees free and reasonable access to the property supplied, or for obstructing the way of ingress to the meter or other appliances controlling or regulating the water user’s water supply.

5. For non-payment of any account for water supplied, for water service, or for meter or service maintenance, or for any other fee or charge accruing under these rules and regulations, the rate schedule of the owner.

6. In case of vacancy of the premises.

7. For violation of any rules and regulations of the owner.

8. For any practice or act prohibited by the Missouri Division of Health.

9. For failure to allow the owner’s employee, officer, agent, or representative the right to inspect the water user’s premises for any purpose set forth in these rules and regulations.

E. The discontinuance of the supply of water to a property for any reason shall not prevent the owner from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the water user or property owner.

F. Water will not be turned on to any property unless there is at least one adult person therein at such time to see that all water outlets in the premises are closed to prevent damage by escaping water.

G. Only an employee, officer or agent of the owner may turn on water, and all applicants and water users are expressly forbidden to do so.

Section 700.100. Agreements With Governmental and Public Bodies. [Ord. No. 212 §10, 4-12-1983]

The owner may make specific water service contracts with the United States of America and its agencies, the State of Missouri and its agencies, school districts and municipal corporations, and all other political subdivisions of the State of Missouri and of the United States of America, differing from stipulations set out in the rate schedule and rules and regulations. Such contracts must receive written approval by the State Director before being placed in effect.

Section 700.110. Future Connections. [Ord. No. 212 §11, 4-12-1983; Ord. No. 224 §2, 3-13-1984; Ord. No. 242 §II, 4-11-1991; Ord. No. 333 §II, 10-14-2000]

In making a future connection to an applicant for water service, after completion of the original water system of the City, the City shall charge a fee at least equal to the cost to the City for said connection, and any such fee may be adjusted, taking into consideration the average cost for the entire system to each water user, at the discretion of the City, but said fee shall in no event be less than twenty-five dollars ($25.00).

Section 700.120. Main Extensions. [Ord. No. 212 §12, 4-12-1983]

A. Extensions of water mains and lines shall be made by the owner upon written application on a form approved by the owner. If said application is approved, the main or line shall be extended, provided that:

1. The applicant pays all construction, engineering and legal expenses of such extension. Said payment shall be made in advance to the owner or, at the discretion of the owner, may be placed in a special escrow account. If the cost and expense of such construction is not ascertainable, the cost thereof shall be estimated, and said amount shall be paid the owner or put in a special escrow account, and the applicant shall agree to pay any additional costs incurred for such extension.

2. Before granting to an applicant the right to make such extension, or before entering into an agreement therefor, the owner shall first determine that the extension will not materially affect in an adverse manner the service rendered to any existing customers of the owner. In the event the owner determines, based upon information furnished by its employees and consultants, that such extension would have a material adverse affect upon existing water users of the owner, then the owner shall not permit such extension.

3. In the event the applicant desires to perform the construction, the applicant shall pay all engineering, legal and administrative costs incurred by the owner incident to the approval of the plans and specifications for construction of the improvements, the perfecting of all rights-of-way, and other costs incident to the construction.

B. The construction and materials shall be inspected by a qualified inspector, furnished by the owner. The cost of this inspector shall be borne by the applicant.

C. Upon satisfactory completion and testing, the improvements shall be dedicated, free and clear of all encumbrances, to the owner.

D. All plans and specifications for main extensions or improvements will be approved by the owner and the appropriate agency of the State of Missouri.

Section 700.130. Multiple-Unit Dwellings. [Ord. No. 212 §13, 4-12-1983]

A. In the event that service is desired by a landowner of a multiple-unit residence, said “multiple-unit residence” being herein defined as a dwelling unit housing more than one (1) family, and such definition shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences, then the landowner shall be required to acquire a water meter for each unit or, in the alternative, to enter into a special written agreement with the owner, whereby all units of such residence are served by one water meter, that the total gallons used during each billing period, as determined by the rate schedule resolution of the owner, by such multiple-unit residence shall be divided by the number of units in such residence, and the water user shall be charged for each individual unit within the multiple-unit residence on a pro rata basis, as though such amount of water was used for such billing period by an individual user, and each water user in such unit shall pay the water rates as set forth in the rate schedule resolution of the owner for such water user’s proportionate share of the water as though such water user were an individual user in a one-family residence; provided, further, that the landowner of the property shall be responsible for payment of all such bills of all units contained within any multiple-unit residence, and that the amount of the water meter deposit shall be determined by the owner as herein set forth.

B. The owner shall be the sole judge and shall have full authority to determine how many units are contained in a residence, and such determination shall be final and binding upon the landowner of any such residence and upon any water user therein.

Section 700.140. Trailer Courts. [Ord. No. 212 §14, 4-12-1983]

A. In the event that a trailer court, also known as a “mobile home court,” desires service, then the landowner shall be required to acquire a water meter for each trailer space or, in the alternative, to enter into a special agreement with the owner whereby all units of such trailer court are served by one water meter, but the total gallons used during each billing period by the trailer court shall be divided by the number of units using water during such billing. The water used shall be charged to each individual unit on a pro rata basis, as though such amount of water was used for such billing period by an individual user, and the landowner of the trailer court shall pay as a bill for such billing period the total of such bills computed as above set forth. The amount of the water meter deposit shall be determined by the owner as set forth in these rules and regulations.

B. The number of trailers using water during each billing period shall be the number of trailer locations actually served during such time, and the owner, its employees, and agents shall determine how many such units are served, and such determination shall be final and binding upon the landowner of the trailer court.

Section 700.150. Rate For Tank Sales. [Ord. No. 212 §15, 4-12-1983]

The Board has the exclusive power to authorize tank sales or sale in bulk of water from such supply heads as it may designate at the rates to be determined by the owner. The owner may prohibit the sale of water in bulk to any user or non-user when water service is available from the owner.

Section 700.160. Liability of Owner. [Ord. No. 212 §16, 4-12-1983]

A. The owner shall not in any way or under any circumstances be held liable or responsible to any person or persons for any loss or damage from any excess or deficiency in the pressure, volume, or supply of water due to any cause whatsoever. The owner will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur.

B. The owner shall not be held responsible for any claims made against it by reason of the breaking of any mains or service pipes or by reason of any interruption of the supply of water caused by the break of machinery or stoppage for necessary repairs, and no persons shall be entitled to damage nor have any portion of a payment refunded for any interruption of service.

Section 700.170. Additional Restrictions. [Ord. No. 212 §17, 4-12-1983]

A. No person shall turn the water on or off at any street valve, corporation cock, curb cock or other connection or disconnect or remove any meter without the consent of the owner.

B. No employee or agent of the owner shall have the right or authority to bind it by any promise, agreement or representation contrary to the letter of intent of those rules and regulations or the laws of the State of Missouri.

C. Any complaint against the service or employees of the owner should be made at the office of the owner in writing.

D. The service pipes, meters and fixtures on the water user’s property shall at all reasonable hours be accessible to the owner for observation or inspection.

E. In the event that the total water supply shall be insufficient to meet all of the needs of the water users, or in the event there is a shortage of water, the owner may prorate the water available among the various users on such basis as is deemed equitable by the owner and may also prescribe a schedule of hours, covering the use of water for purposes specified, and require adherence thereto, or prohibit the use of water for certain specified purposes if at any time the total water supply shall be insufficient to meet all of the needs of all of the water users for domestic, livestock, garden and other purposes, and the owner must first satisfy all the needs of the water users for domestic purposes before supplying any water for livestock purposes and must satisfy the needs of all the water users for domestic and livestock purposes before supplying water for other purposes.

Section 700.180. Amendment of Rules and Regulations. [Ord. No. 212 §18, 4-12-1983]

These rules and regulations may be amended at any regular meeting of the owner or at any special meeting thereof called for such purpose.

ARTICLE II

Rates and Connection Fees

Section 700.190. Rates. [Ord. No. 220; Ord. No. 226; Ord. No. 230 §1, 9-16-1987; Ord. No. 250 §1, 7-9-1992]

The rates for water service to customers of the waterworks of the City of Laddonia, Missouri, shall be as set by the Board of Aldermen from time to time and on file in the City offices.

Section 700.200. through Section 700.240. (Reserved)

ARTICLE III

Lead Ban in Public and Private Drinking Water Plumbing

Section 700.250. Purpose; Applicability; Policy; Compliance. [Ord. No. 302 §I, 2-13-1997]

A. Purpose. The purpose of this Article is:

1. To ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and

2. To protect City residents from lead contamination in the City’s public drinking water system and their own private plumbing systems.

B. Application. This Article shall apply to all premises served by the public drinking water system of the City of Laddonia, Missouri.

C. Policy. This Article will be reasonably interpreted by the Water Purveyor. It is the Purveyor’s intent to ban the use of lead-based material in the construction or modification of the City’s drinking water system or private plumbing connected to the City system. The cooperation of all consumers is required to implement the lead ban.

D. If, in the judgment of the Water Purveyor or his authorized representative, lead-based materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead-based materials removed from the plumbing system and replaced with lead-free materials. If the lead-based materials are not removed from the plumbing system, the Water Purveyor shall have the right to discontinue water service to the premises.

Section 700.260. Definitions. [Ord. No. 302 §II, 2-13-1997]

The following definitions shall apply in the interpretation and enforcement of this Article:

CONSUMER — The owner or person in control of any premises supplied by or in any manner connected to a public water system.

LEAD-BASED MATERIALS — Any material containing lead in excess of the quantities specified in the definition of “lead-free.”

LEAD-FREE

1. When used with respect to solder and flux, refers to solder and flux containing not more than two-tenths-percent (0.2%) lead; and

2. When used with respect to pipe and pipe fittings, refers to pipes and pipe fittings containing not more than eight-percent (8.0%) lead.

PUBLIC DRINKING WATER SYSTEM — Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

WATER PURVEYOR — The owner, operator, or individual in charge of a public water system.

Section 700.270. When Effective; Violations. [Ord. No. 302 §III, 2-13-1997]

A. No water service connection shall be installed or maintained to any premises where lead-based materials were used in new construction or modifications of the drinking water plumbing after January 1, 1989.

B. If a premises is found to be in violation of Subsection (A), water service shall be discontinued until such time that the drinking water plumbing is lead-free.

ARTICLE IV

Collection of Service Connection Fees

Section 700.280. Collection of Annual Fee. [Ord. No. 332 §1, 9-9-2000]

There shall be collected from each user of water service who has a direct or indirect connection to the public sewer system of the City of Laddonia, Missouri, an annual fee of eighty cents ($0.80). Said fee shall be collected by the City as a part of the water user’s bill and shall appear on the bill of each water connection in the month of March each year, beginning in the month of March 2001. After collection, said fee shall be remitted as required by law to the appropriate agency in the State of Missouri.

ARTICLE V

Cross-Connection Control

Section 700.290. Purpose; Applicability; Policy. [Ord. No. 225 §I, 8-14-1984]

A. Purpose. The purpose of this Article is:

1. To protect the public potable water supply from contamination or pollution by containing within the consumer’s internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.

2. To promote the elimination, containment, isolation or control of existing cross-connections, actual or potential, between the public or consumer’s potable water systems and non-potable water systems, plumbing fixtures and industrial process systems.

3. To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.

B. Application. This Article shall apply to all premises served by the public potable water system of the City of Laddonia, Audrain County, Missouri.

C. Policy.

1. This Article will be reasonably interpreted by the Water Purveyor. It is the Water Purveyor’s intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.

2. The Water Purveyor shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross-connections. The Water Purveyor and consumer are jointly responsible for preventing contamination of the water system within the consumer’s premises.

3. If, in the judgment of the Water Purveyor or his authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflow-prevention device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his own expense, and failure, refusal or inability on the part of the consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.

Section 700.300. Definitions. [Ord. No. 225 §II, 8-14-1984]

The following definitions shall apply in the interpretation and enforcement of this Article:

AIR-GAP SEPARATION — The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow-level rim of the receptacle and shall be at least double the diameter of the supply pipe measured vertically above the flood-level rim of the vessel, but in no case less than one (1) inch.

AUXILIARY WATER SUPPLY — Any water source or system, other than the public water supply, that may be available in the building or premises.

BACKFLOW — The flow, other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.

BACKFLOW-PREVENTION DEVICE — Any device, method, or type of construction intended to prevent backflow into a potable water system.

CONSUMER — The owner or person in control of any premises supplied by or in any manner connected to a public water system.

CONTAINMENT — Protection of the public water supply by installing a cross-connection-control device or air-gap separation on the main service line to a facility.

CONTAMINATION — An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

CROSS-CONNECTION — Any physical link between a potable water supply and any other substance, fluid, or source which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.

HAZARD, DEGREE OF — An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

1. HAZARD, HEALTH — Any condition, device, or practice in the water supply system of its operation which could create or may create a danger to the health and well-being of the water consumer.

2. HAZARD, PLUMBING — A plumbing-type cross-connection in a consumer’s potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow-prevention device.

3. HAZARD, POLLUTIONAL — An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer’s potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenance but would not be dangerous to health.

4. HAZARD, SYSTEM — An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer’s potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

INDUSTRIAL PROCESS SYSTEM — Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into a potable water supply.

ISOLATION — Protection of a facility service line by installing a cross-connection-control device or air-gap separation on an individual fixture, appurtenance, or system.

POLLUTION — The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.

PUBLIC POTABLE WATER SYSTEM — Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

SERVICE CONNECTION — The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the “service connection” means the downstream end of the meter.

WATER PURVEYOR — The owner, operator, or individual in responsible charge of a public water system.

Section 700.310. Prohibited Connections. [Ord. No. 225 §III, 8-14-1984]

A. No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public potable or consumer’s water system may exist, unless such actual or potential cross-connections are abated or controlled to the satisfaction of the Water Purveyor and as required by the laws and regulations of the Missouri Department of Natural Resources.

B. No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer’s water system, unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the Water Purveyor and the Missouri Department of Natural Resources.

C. No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Water Purveyor as necessary for the protection of health and safety.

Section 700.320. Surveys and Investigations. [Ord. No. 225 §IV, 8-14-1984]

A. The consumer’s premises shall be open at all reasonable times to the Water Purveyor, or his authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross-connections to the consumer’s water system through which contaminants or pollutants could backflow into the public potable water system.

B. On request by the Water Purveyor or his authorized representative, the consumer shall furnish information on water use practices within his premises.

C. It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system.

Section 700.330. Type of Protection Required. [Ord. No. 225 §V, 8-14-1984]

A. The type of protection required by this Article shall depend on the degree of hazard which exists, as follows:

1. An approved air-gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.

2. An approved air-gap separation or an approved reduced pressure principle backflow-prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a system or health hazard.

3. An approved air-gap separation or an approved reduced pressure principle backflow-prevention device or an approved double-check valve assembly shall be installed where the public potable water system may be polluted with substances that could cause a potential hazard not dangerous to health.

Section 700.340. Where Protection Required. [Ord. No. 225 §VI, 8-14-1984]

A. An approved backflow-prevention device shall be installed on each service line to a consumer’s water system serving premises where, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.

B. An approved air-gap separation or reduced pressure principle backflow-prevention device shall be installed at the service connection or within any premises where, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow-prevention device is required to be installed. This includes but is not limited to the following situations:

1. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Water Purveyor and the Missouri Department of Natural Resources.

2. Premises having internal cross-connections that are not correctable or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.

3. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.

4. Premises having a repeated history of cross-connections being established or reestablished.

5. Premises which, due to the nature of the enterprise therein, are subject to recurring modification or expansion.

6. Premises on which any substance is handled under pressure so as to permit entry into the public water supply or where a cross-connection could reasonably be expected to occur. This shall include the handling of process water and cooling waters.

7. Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage or back pressure should occur, a serious health hazard may result.

C. The following types of facilities fall into one or more of the categories of premises where an approved air-gap separation or reduced pressure principle backflow-prevention device is required by the Water Purveyor and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities, unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Water Purveyor and the Missouri Department of Natural Resources:

1. Aircraft and missile plants.

2. Automotive plants.

3. Auxiliary water systems.

4. Beverage bottling plants.

5. Breweries.

6. Building complexes.

7. Canneries, packing houses, and reduction plants.

8. Car washing facilities.

9. Chemical manufacturing, processing, compounding or treatment plants.

10. Chemically contaminated water systems.

11. Civil works.

12. Dairies and cold storage plants.

13. Film laboratories.

14. Fire-protection systems.

15. Hazardous waste storage and disposal sites.

16. Hospitals, mortuaries, clinics.

17. Irrigation and sprinkler systems.

18. Laundries and dye works.

19. Metal manufacturing, cleaning, processing and fabricating plants.

20. Oil and gas production, storage or transmission properties.

21. Paper and paper products plants.

22. Plating plants.

23. Power plants.

24. Printing and publishing facilities.

25. Radioactive material processing plants or nuclear reaction.

26. Research and analytical laboratories.

27. Rubber plants, natural and synthetic.

28. Sand and gravel plants.

29. Schools and colleges.

30. Sewage and storm drainage facilities, pumping stations.

31. Waterfront facilities and industries.

32. Zoological and horticultural gardens.

Section 700.350. Backflow-Prevention Device Specifications. [Ord. No. 225 §VII, 8-14-1984]

A. Any backflow-prevention device required by this Article shall be of a model or construction approved by the Water Purveyor and the Missouri Department of Natural Resources.

1. Air-gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one (1) inch.

2. A double-check valve assembly or a reduced pressure principle backflow-prevention device shall be approved by the Water Purveyor and shall appear on the current list of approved backflow-prevention devices established by the Missouri Department of Natural Resources.

B. Existing backflow-prevention devices approved by the Water Purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this Article, so long as the Water Purveyor is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the Water Purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow-prevention device meeting the requirements of this Article.

Section 700.360. Installation of Backflow-Prevention Devices. [Ord. No. 225 §VIII, 8-14-1984]

A. Backflow-prevention devices required by this Article shall be installed at a location and in a manner approved by the Water Purveyor and shall be installed at the expense of the water consumer.

B. Backflow-prevention devices installed on the service line to the consumer’s water system shall be located at the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.

C. Backflow-prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.

Section 700.370. Inspection and Maintenance. [Ord. No. 225 §IX, 8-14-1984]

A. It shall be the duty of a consumer at any premises on which backflow-prevention devices required by this Article are installed to have inspections, tests, and overhauls made in accordance with the following schedule, or more often where inspections indicate a need:

1. Air-gap separations shall be inspected at the time of installation and at least every twelve (12) months thereafter.

2. Double-check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every thirty (30) months.

3. Reduced pressure principle backflow-prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five (5) years.

B. Inspections, tents and overhauls of backflow-prevention devices shall be made at the expense of the water consumer and shall be performed by the Water Purveyor or a State of Missouri certified backflow-prevention device tester.

C. Whenever backflow-prevention devices required by this Article are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.

D. The water consumer must maintain a complete record of each backflow-prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. Records of inspections, tests, repairs and overhauls shall be made available to the Water Purveyor upon request.

E. Backflow-prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Water Purveyor.

Section 700.380. Violations. [Ord. No. 225 §X, 8-14-1984]

A. The Water Purveyor shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow-prevention device required by this Article is not installed, tested and maintained in a manner acceptable to the Water Purveyor or if it is found that the backflow-prevention device has been removed or bypassed or if an unprotected cross-connection exists on the premises.

B. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this Article to the satisfaction of the Water Purveyor.