Chapter 110 – Board of Public Works

Chapter 110–Board of Public Works

 

110.010     (ORD#8-99) Duties of Board of Public Works.  The Board of Public Works of the City of Holden, Missouri, shall have full and complete control, charge and management of the water works acquired by said City, and the board shall continue as an executive department in and for said City.  The Board of Public Works shall not enter into any contract until such contract is approved by the City Council.  The board shall also exercise such other powers and perform such other duties in the superintendence of public works improvements and repairs constructed by authority of the common council or owned by said

City                                                                                       as may be prescribed by ordinance.  Said board shall make all necessary regulations for the government of the waterworks department of said City not inconsistent with the general laws of the State of Missouri or the ordinances of said City and such department may be known and operated as the “Holden Water Department.”

110.020    (ORD # 25-04) Composition of Board of Public Works.  The Board of Public Works shall consist of five persons, electors of said City, who have resided therein for a period of two years next before their appointment.  Four of the members of said board shall be appointed by the mayor of said City and confirmed by the City Council of said City in such manner as other appointed officers of said City are appointed and confirmed.  These four said members shall be citizens not holding other office under the City administration and shall hold office for a term of four years each, or until their successors are appointed and qualified, except that the first incumbents as members of said board shall be appointed and hold office for the terms of one, two, three and four years, respectively.  Not more than two of the said members of the said board shall belong to the same political party and its administration shall in all respect be entirely non-partisan.  The mayor of said City shall likewise, at the first regular Council meeting in April of each year appoint a member of the City Council to serve as an ex-officio fifth member of said board.  Said member shall have the right to participate in all meetings and to debate all matters coming before the board, but shall have no vote.  Said fifth member shall be appointed annually by the Mayor with approval by the City Council.

Said member shall meet with said board at each meeting thereof, and in addition to his other shall act as liaison man between the board and the Council and shall report to the Council whenever called upon concerning the activities of said Board of Public Works.  All members and employees of said board shall be covered by a bond in the amount of $2,500.00 which shall be executed by a responsible surety company.

 

110.040     Contracts and bonds filed with city clerk. All contracts and bonds for the making of public improvements as authorized by law, shall be prepared and executed and filed with the city clerk within twenty days after the acceptance of bids for same, unless for good cause the Council shall extend the time for the filing of same.  The city engineer or city clerk shall present such contracts and bonds to the City Council, and upon being approved by the Council; the same shall be filed with the city clerk.  Any contractor failing to comply with the provisions of this section shall be deemed to have waived his rights under the bid made by him and any deposit made on that account shall be forfeited to the City.

 

 

 

 

 

110.045     City utilities, defined.  City utilities shall consist of the following:

 

  1. The City Water Utility.
  2. The City Sewer Utility.

 

110.047     (ORD#03-04) Consumer, defined.  The owner or person in control of any premises supplied by or in any manner connected to a public water or sewer system.

 

110.050     (ORD #03-04) Limitations of liability.  The City shall furnish utility service from any of its utilities to customers only upon the expressed conditions precedent that the City will not be liable to consumer or other person for an inconvenience, delay, injury, loss or damage whatsoever, occurring by reason of derangements, stoppage, leak, fault or negligent construction or operation of any of the utility equipment apparatus, distribution means, pipes or lines, or by reason of the temporary shutting off of any of the utility services to clear or repair the same or for any other purpose, or by reason of the scarcity or insufficiency of the particular utility service supply, or the character or condition of the water supply or sewer service, or by reason of the clogging or freezing of the mains or service pipes, or the disruptions of distribution due to weather or other acts of God; nor shall the City be liable for the expense of repair of any service, pipes, mains or lines not owned by the City.  The City reserves the right at any time to restrict the use of any utility service for any and all purposes.  The Board of Public Works may, if it determines it necessary to protect public health and welfare, impose a system of rationing or otherwise restrict the delivery of any or all utility services to a consumer.

 

110.060     (ORD#03-04) Connection fees.  All fees for connection to the water or sewer systems of the City, after establishment of services, shall be prescribed by the Board of Public Works.

 

110.080     (ORD#03-04) Meter required.

 

  1. All water supplied by any city utility service shall be charged for the same in accordance with the registration of the meters installed by the City to record such provisions of service, and charge shall be made in accordance with the registration of such meters and the rates established under this Chapter and all bills will be collected therefore in full (less such rate of discount as is available to all users of water for prompt payment); provided that when any such meter by actual test as provided for in this Chapter is found to be imperfect and fast in measurement of the service by more than two (2) percent the cost of the excess amount of services as represented by the imperfection of such meter shall be deducted from the total amount of the bill for the meter reading period for which such bill is rendered.
  2. Employees or agents of any municipal utility may at any time and with or without the knowledge or consent of any consumer, install an additional meter at any location where such meter may be connected into the service to any building, dwelling house or premises of any kind to which the City is furnishing utility service, and when such meter shall for any period register more utilities than are registered by the meter on the premises of the consumer, it shall be taken as evidence that the service being furnished

to such consumer is not being properly metered by the first meter on the consumer’s premises, and the consumer shall pay for all utilities registered over any period by the second or additional meter so installed, instead of the amount that has been improperly registered by his regular meter.

 

110.100     (ORD#03-04) Billing procedure. The board of public works shall render to each utility customer a bill for his utility service monthly.  The board of

public works may, in their discretion, organize the billing cycle so that certain customers are billed at one part of the month and other customers at a different time, and thereby equalize the work required of the board of public works and staff to efficiently operate the office.

 

  1. Each customer shall monthly be billed for all utility services, in writing. Such a written billing shall be presented to the customer at least fifteen days before the delinquent date.  Such written billing shall include the following information:

 

  1. A clear statement that the utility services will be terminated for non-payment of the bill if not made by a certain date.

 

  1. A clear statement of a procedure where a customer may complain about his utility bill and resolve any disputes that might exist as to whether or not the charges have been figured accurately or the customer did in fact use the indicated amount of utility service. Such a statement may be in the following form:

If you have any questions or complaints about this bill, you may, at                       Any time before the due date, contact by phone or in person the water           office, and arrange for an appointment to meet with an employee or                         agent of the Water Department to discuss your question or complaint.

 

  1. The employee or agent of the Water Department shall be empowered to address such complaints, and to make such adjustments as are warranted by the evidence presented, as to whether or not the utility billing is accurate, but may not make any adjustments for any other reason.

 

  1. (ORD#3-91) The utility bill as presented both a “net”and a “gross charge. The net service charge shall be the service charged figured by the applicable rates as proved by Chapter 115 of this code.  The “gross” service charge shall be the net rate with an addendum of 5%.

 

  1. If the service charge is paid on or before the

delinquent date, the amount shall be the “net” amount.

 

  1. If the amount of the bill is not paid in full by the delinquent date, the “gross”amount shall be due and payable.

This 5% differential shall not be a penalty for nonpayment, but shall consist of a discount for prompt payment.  That the City chooses to structure its rates based upon a calculation of the “net amounts” shall in no way affect this principle.

 

 

 

 

 

 

  1. Any person who does not pay their utility service charge or charges by the delinquent date or within four days thereafter shall be subject to termination of all utilities and services.

 

110.110     (ORD#03-04) Termination of utility services.  Except as provided in section 111.330 for residential water consumers, any or all utility services may be discontinued without notice to the consumer, for the following reasons:

 

  1. For failure to pay utility service charges, provided that notice of the utility service charge and the right to protest or complain about the calculation of the charges has been given as provided in Section 110.100.

 

  1. Upon the discovery of any unauthorized connections or diversions of utility service beyond any meter.
  2. Upon the discovery that utility service through one meter is being used by more than on consumer.
  3. Upon violation of Section 110.120, provided that the procedural steps provided in said Sections are complied with by the City.

 

110.120     (ORD#03-04) Estimated bills.  All bills for service charges furnished by the City may be estimated, when by reason of defect in or failure to read the appropriate meter or for any other reason, the monthly bill of the user or customer cannot be accurately determined.  The board of public works or authorized agent shall make such estimate, considering the average consumption of the user over the previous twelve months’ period, considering the relative use of such utility service within the City as a whole for the period of time in question, and considering such other factors as the board of public works or authorized agent may deem appropriate.  Such estimated bills shall be due and payable as are all other bills rendered under this Chapter.

 

110.130    (ORD# 03-04) Hardship cases.  Any person who, by reason of financial or other hardship, is unable to pay any utility bill prior to the termination date, may be granted by an employee or agent of the Water Department such additional period as the employee or agent may deem appropriate in which to pay his delinquent account, provided that the Water Department may not grant to any customer the right to pay his utility bill past the date when the next month’s utility bill would be presented to said customer.

 

110.150     (ORD. # 04-12) Violation: Reconnect Fees.  Upon violation by a user of any of the rules and regulations adopted and imposed by this Chapter, the user shall be informed in writing of the particular violations and that service shall be terminated if the circumstances constituting the violation are not rectified within fifteen (15) days; and that the user, within the fifteen (15) day period, may meet with an employee or agent of the Water Department during regular business hours of the City if the user believes the charges are erroneous or incorrect. Employees or agents of the Water Department shall be empowered to require compliance by the user with all the rules and regulations adopted and imposed by this Chapter, and may require the user to reasonably demonstrate such compliance to stay the order of disconnection at the end of the fifteen-day period. If the user does not comply with the rules and regulations of this Chapter within the fifteen (15) day period, the service shall be disconnected and the user informed in writing that service will be reconnected upon demonstration to the satisfaction of the employee or agent of the Water Department that the user has complied with the rules and regulations of this Chapter, and upon payment by the user of the fifty dollar ($50.00) reconnection fee; provided that where dishonest or unauthorized water piping shall be found, the Water Department shall notify such person that the service will be reconnected upon rectification of the circumstances causing the disconnection to the satisfaction of the employee or agent of the Water Department, and the payment of the fifty dollars ($50.00) reconnection fees, provided further, that when any person after prior notice and a prior opportunity for hearing consistent with the provisions of this Section, has been denied service and is still owing the City, moves into a building or dwelling connected with water, the service shall be cut off immediately, and the City shall notify such person that service will be reconnected upon the payment of the amount due and a fifty ($50.00) reconnection charge.

 

110.160.    Liability.  Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.

Chapter 111 – Water Rules and Regulations

Chapter 111–Water Rules and Regulations

 

111.010     (ORD#04-04) Rates.

 

  1. All rates for the sale of water to consumers shall hereafter be established by the Board of Public Works of the City of Holden, Missouri, and any change, amendment and alteration thereof except in case of immediate emergency shall be made only after a public hearing on said rates and regulations or proposed changes thereof, and a resolution adopted by the Board of Public Works, establishing such change in rates or regulations and notice of such change or amendment being given to the consumers by notice published for at least ten (1O) days in a newspaper of general circulation in the City of Holden. All rates which have been established by ordinance shall remain in effect until a change is made in accordance with this rule.

 

111.020     Residential service defined.  Consumer rates covering residential services shall be for those service installations used as single or multifamily living units, residences, apartments or rooming houses. Consumer rates covering non-residential services shall be for all other consumers; provided, however, that one set of rates may be adopted for both residential and nonresidential consumers.

 

111.025     (ORD#04-04) Consumer defined.  The owner or person in control of any premises supplied by or in any manner connected to a public water system.

 

111.030     Not to Share service.  No consumer shall supply water to other families, businesses, institutions or persons, nor suffer them to take water off his premises, nor after water is introduced into a building, or upon any premises, shall any person make or employ; any plumber or other person to make any tap or connection without permission form the superintendent of water works.

111.040     Billing procedure.  Bills are to be rendered monthly.  When bills are rendered for a period of less than one (1) month because of the start of or termination of service during the period, the charge shall be for the minimum monthly charge or for the cost of the water consumed, whichever is the greater amount.

 

111.050     Each meter to be billed separately.  Each meter installed on a separate service line shall be considered as a separate consumer unless such additional meter installation is required by the water department for its own convenience in determining the amount of water delivered.

 

111.060     (ORD#04-04) Payments. Payments for service shall be made at the water department offices, or at such other places, or in such other manners, as the Board of Public Works may approve from time to time.

 

111.070     Access.  Employees or agents of the Water Department shall have   access at reasonable hours to the premises supplied, for the purpose of making necessary examination of plumbing, meter reading, installing or removing meters or to ascertain the location or condition of pipes and fixtures connected with the waterworks, or for any other cause necessary to the operation of the water department. On those consumers who refuse to abide by this regulation and whose meters are located within the premises to which water department employees cannot gain access during regular working hours, the water department shall have

 

the right after 10 days written notice to the consumer in writing to move the meters to an outside installation, and said consumers shall be billed for the cost of such moving, the charge to be the cost of materials and labor.

 

111.080     (ORD. # 7-91) Section I.  Cross Connection Control-General Policy

  1. The purpose of this ordinance 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.

 

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

 

  1. 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.
  1. This ordinance shall apply to all premises served by the public potable water system of the City of Holden.

 

  1. This ordinance 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. 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. 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 II.   Definitions

 

  1. The definitions listed in Appendix A shall apply in the interpretation and enforcement of this ordinance.

 

Section III.   Cross Connections Prohibited

 

  1. 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.

 

  1. 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.

 

  1. 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 IV.   Survey and Investigations

 

  1. 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.
  2. On request by the water purveyor or his authorized representative, the consumer shall furnish information on water use practices within his premises.

 

  1. 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 V.   Type of Protection Required

  1. The type of protection required by this ordinance 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.

 

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

 

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

 

 

 

 

Section VI.   Where Protection is required

 

  1. An approved backflow prevention assembly 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.

 

  1. An approved air gap separation or reduced pressure principle backflow prevention assembly 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.

 

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

 

  1. Premises having a repeated history of cross connections being established or re-established.

 

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

 

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

 

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

 

  1. The types of facilities listed in Appendix B fall into one or more of the categories of premises where an approved air gap separation or reduced pressure principle backflow prevention assembly 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.

 

Section VII.   Backflow Prevention Assemblies

 

  1. Any backflow prevention assembly required to protect the facilities listed in Appendix B 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 inch.

 

  1. A double check valve assembly or a reduced pressure principle backflow prevention assembly shall be approved by the water purveyor, and shall appear on the current “list of approved backflow prevention assemblies” established by the Missouri Department of Natural Resources.

 

  1. Existing backflow prevention assemblies 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 ordinance so long as the water purveyor is assured that they will satisfactorily protect the water system. Whenever the existing assembly 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 assembly meeting the requirements of this ordinance.

Section VIII.   Installation

 

  1. Backflow prevention assemblies required by this ordinance 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.
  2. Backflow prevention assemblies installed on the service line to the consumer’s water system shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
  3. Backflow prevention assemblies shall be located so as to be readily accessible for maintenance and testing protected from freezing. No reduced pressure principle backflow prevention assembly shall be located where it will be submerged or subject to flooding by any fluid.

 

Section IX.   Inspection and Maintenance

 

  1. It shall be the duty of the consumer at any premises on which backflow prevention assemblies required by this ordinance are installed to have inspection, 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 months thereafter.

 

  1. Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.

 

  1. Reduced pressure principle backflow prevention assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.

 

  1. Inspections, tests, and overhauls of backflow prevention assemblies shall be made at the expense of the water consumer and shall be performed by a State of Missouri certified backflow prevention assembly tester.

 

  1. Whenever backflow prevention assemblies required by this ordinance are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.

 

  1. The water consumer must maintain a complete record of each backflow prevention assembly 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.

 

  1. Backflow prevention assemblies shall not be bypassed, made inoperative, removed, or otherwise made ineffective.

Section X.   Violations

 

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

 

  1. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this ordinance to the satisfaction of the water purveyor.

 

APPENDIX A

DEFINITIONS

 

  1. “Air gap separation” means 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 inch.

 

  1. “Auxiliary water supply” means any water source or system, other than the public water supply, that may be available in the building or premises.

 

  1. “Backflow” means 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.

 

  1. “Backflow prevention assembly” means any double check valve or reduced pressure principle backflow preventer having resilient-seated shut-off valves on both the upstream and downstream end and the necessary test cocks as integral parts of the assembly.

 

  1. “Consumer” means the owner or person in control of any premises supplied by or in any manner connected to a public water system.

 

  1. “Containment” means protection of the public water supply by installing a backflow prevention assembly or air gap separation on the main service line to a facility.

 

  1. “Contamination” means 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.

 

  1. “Cross connection” means 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.

 

  1. “Hazard, Degree of” means an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

 

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

 

  1. 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 assembly.

 

  1. Hazard, Pollutional-an actual or potential threat to the physical properties of the water system or to the potability of the public or the

consumer’s potable water system but which would constitute a nuisance or be                aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.

 

  1. 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.

 

  1. “Industrial process system” means 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.

 

  1. “Isolation” means protection of a facility’s internal plumbing system by installing a backflow prevention assembly, air gap separation, or other backflow prevention device on an individual fixture, appurtenance, or system.

 

  1. “Pollution” means the presence of any foreign substance (organic,

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

 

 

 

 

 

  1. “Public potable water system” means 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.

 

  1. “Service connection” means 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.

 

  1. “Water purveyor” means the owner, operator, or individual in responsible charge of a public water system.

APPENDIX B

 

TYPES OF FACILITIES REPRESENTING CROSS CONNECTION HAZARDS

 

  1. Aircraft and missile manufacturing plants;

 

  1. Automotive plants including those plants which manufacture motorcycles, automobiles, trucks, recreational vehicles and construction and agricultural equipment;

 

  1. Potable water dispensing stations which are served by a public water system;

 

  1. Beverage bottling plants including dairies and breweries;
  2. Canneries, packing houses and reduction plants;

 

  1. Car washes;

 

  1. Chemical, biological and radiological laboratories including those in high schools, trade schools, colleges, universities and research institutions;

 

  1. Hospitals, clinics, medical buildings, autopsy facilities, morgues, mortuaries and other medical facilities;

 

  1. Metal or plastic manufacturing, fabrication, cleaning, plating or processing facilities;

 

  1. Plants manufacturing paper and paper products;

 

  1. Plants manufacturing, refining, compounding or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum or petroleum products, pharmaceuticals, radiological materials or any chemical which would be a contaminant to the public water system;

 

  1. Commercial facilities that use herbicides, pesticides, fertilizers or any chemical which would be a contaminant to the public water system;
  2. Plants processing, blending or refining animal, vegetable or mineral oils;

 

  1. Commercial laundries and dye works;

 

 

 

  1. Sewage, storm water and industrial waste treatment plants and pumping stations;
  2. Waterfront facilities including piers, docks, marinas and shipyards;
  3. Industrial facilities which recycle water;

 

  1. Restricted or classified facilities or other facilities closed to the supplier of water or the department;

 

  1. Fire sprinkler systems using any chemical additives;

 

  1. Auxiliary water systems;

 

  1. Irrigation systems with facilities for injection of pesticides, herbicides or other chemicals or with provisions for creating back pressure;
  2. Portable tanks for transporting water taken from a public water system; and

 

  1. Facilities which have pumped or repressurized cooling or heating

systems that are served by a public water system, including all boiler                   systems.

111.090     (ORD # 08-13) Deposits.  The water department shall require from all customers a deposit intended to guarantee the payment of water bills. The deposit for the property owner shall not exceed the amount of an estimated two months average bill of such customer; however, a minimum deposit of at least $150.00 shall be required.  These deposits shall be paid to the Holden Water Department.

111.100      (ORD # 19-09) Delivery Point.  The point of delivery shall be at the meter, curb stop, or control valve, located at or adjacent to the property line, whichever is closest to the main, provided that all of the following specifications exist: The service pipe shall have an inside diameter of no less that three-fourths (3/4) inches and shall be of type K copper from the main to 5’ beyond the delivery point.  The service pipe shall lay in a straight line from the main to the delivery point at a right angle to the main.  The meter,          curb stop, or control valve shall be located at or near the main or property line out of the way of any vehicular traffic or parking and readily accessible to the BPW.  The meter, curb stop, or control valve shall only be constructed of materials approved by the BPW.  For those services lacking any of these specifications the point of delivery shall be at the corporation stop on the main.  Any additional service lines beyond the delivery point to the customer’s side or any repair to old installation of service lines beyond the delivery point to the customer’s side shall be at the expense of the consumer regardless of the location of the meter.  Upon the failure or replacement of the service line between the point of delivery and the meter, the consumer shall cause the meter to be relocated to the point of delivery if the BPW determines it to be a reasonable and safe location for the meter.  For services greater than two (2) inches in diameter, the consumer must submit plans and specifications to the BPW prior to any installation for review and approval prior to any such installation.

 

 

 

111.110     Taps.  Taps are to be made by the water department after proper application for service by consumers or their authorized agents. Such applications must be filed on standard forms furnished by the water department and shall designate a permanent location of the premises to be served, name of the applicant, name of the owner, and size of service pipe.

 

111.120     Service line.  (ORD # 19-09) The service line from the meter setting or curb stop to the building shall be installed in accordance with any applicable rules and regulations covering such installation as provided by the Board of Public Works or applicable City Code adopted by the Holden City Council.  The service line shall have an inside diameter of at least threefourths (3/4) inches and shall be of type K copper for at least five feet out of the meter setter or curb stop.  After the five feet of service line to the building may be of type K copper pipe or SDR ( HD Poly Ethylene CTS rated 200 PSI, or of any other equal or better pipe with 12 gauge copper locator wire installed when the service line is laid out to the main at a right angle (111.40), otherwise shall be of type K copper pipe.  Glue joint PVC and galvanized steel pipe shall be prohibited from being installed underground.

Type K copper for a minimum of ten feet from the building and through the foundation or the pipe must be protected by a sleeve.  This sleeve shall be two pipe sizes greater than the pipe passing through the wall.  The sleeves shall be filled or tightly caulked in an appropriate manner in accordance with International Building Code.  Service lines of 2 inch or larger diameter may be

Ductile Iron or plastic pipe, of no less quality than SDR 21 200 PSI bell and gasket PVC.  Service lines shall be installed not less that forty-two (42) inches below the finished grade.  In the event that any conflict is determined to exist between the provisions of this Title and any other codes as amended and adopted by the City Council, the more stringent provision shall apply.

 

111.130      How mains tapped.  The superintendent of the Board of Public Works, or persons authorized by him, will tap the main, inserting a stop cock which shall be known as a corporation cock.

111.140      Service line to be at right angles.  The service line must be laid out to the main at right angles to the face of the building at the point where the service line enters the face of the building.  In case it is not possible to run the service line in this manner, special permission and instructions shall be obtained from the water department by the installer and a plat made thereof and filed with the water department and approved by the superintendent of the Board of Public Works.

 

111.150     (ORD # 04-04) Materials.  The water department shall provide at a designated cost, the meter, meter yoke, control valve, meter well, meter cover, service pipe, couplings, and fittings, including the labor for installation of such materials up to the meter or control valve location on all services for residential consumers and/or those non-residential consumers for which the water meter installation will be outside of the structure serviced.  On nonresidential services in which the meter installation is made inside a structure, provisions shall be made by the consumer for such water meter installation in accordance with plans approved by the superintendent of the

Board of Public Works.

 

111.155     (ORD # 04-04) Connection fee.  The connection fee for water service, including the installation of materials up to the meter or control valve shall be an amount determined by the Board of Public Works.  This cost shall reflect the approximate cost of materials including labor for a distance not greater than 60 feet from the water main.  The connection for services when the meter or control valve location is in excess of 60 feet from the water main shall be determined on a case-by-case basis but shall not be in excess of the actual cost of labor and materials.  Nothing in this section shall be construed to relieve the consumer of their responsibility for maintenance of all installations past the point of delivery.

 

111.160     (ORD#04-04) Trench.  Each water service line, as set out above, must

be placed in a trench separate from any other utility service trench.  The undisturbed earth between the separate trenches shall not be less than ten (10) feet if the other utility is sewer and five (5) feet for all others.  A shelf cut into the side of another utility service trench, at less depth that the water service trenches is not a separate trench within the meaning and requirements of this rule.

 

111.190     Unauthorized excavations.  No person except the superintendent of the Board of Public Works or his authorized agent will be permitted under any circumstances to tap the mains or distribution lines, or insert stops or cocks, etc., therein, and pipes must, in all cases, be tapped on top and in no case nearer than fifteen inches from either end of the pipe, nor nearer than four feet to any other tap, except in making a cluster of taps for large pipes; no person shall make any excavation in any street, highway or alley within six feet of any water pipe already laid, nor shall they dig up or uncover pipes so as to expose them to freezing except under the directions and supervision of the supervision of the superintendent of the Board of Public Works.

 

111.200    (ORD#04-04) Service Control Valve.  Where the consumer’s service pipe is extended into any building or residence, a service control valve of approved pattern and make shall be installed on the service pipe, at or immediately beyond the point where such service pipe enters the property.  This service control valve must be accessible to the occupant and the water department and is to be kept in good repairs at all times at the expense of such consumer.

 

111.210    (ORD #04-04) Maintenance of service lines and meter settings.

All meter settings, meter yokes, control valves, meter wells, meter covers, service pipes, couplings, and fittings, installed in accordance with Chapter 111, and any other installation beyond the point of delivery, are the property of the consumer and shall be maintained by the consumer.

 

111.220    (0RD # 04-04) When department to make repairs.   In the event such an installation as set forth in Section 111.210 shall require repairs, and the consumer fails to make same within (10) days after written notice by the water department that such repairs are necessary, the water department shall make the necessary repairs and bill the consumer for the materials and labor required: and that such bills for repairs shall be due and payable ten (10) days from the date of invoice, and if unpaid after that date, shall render all utility services to such consumer, regardless of location, subject to cut-off upon written notice as hereinafter provided.

 

111.230     Vacant lots. Taps and service pipes will not be installed at or for vacant lots or in advance of building requirements.  Plans and specifications must accompany application of service when requested by the water department.  An exception to this section may be made at the option of the water department if an unimproved area should require water for construction purposes, truck gardens or similar usage.

 

 

111.240     Service lines across property of others. Consumers will not be permitted to extend service lines along public or private streets or roadways or through property of others in order to obtain connection to the water main.  Service line to serve only one premise.  Separate premises must have separate service lines, curb cocks and meter pits.

 

111.260     (ORD # 04-04) Inside installation of water meter.  On nonresidential consumers, where a suitable outside location is not available, if a suitable and readily accessible location is available within the building where there is sufficient heat to prevent the meter(s) from freezing during the winter months, and the meter is protected from other physical damage, the water department will require a meter setting to be built to its specifications and located at a point accessible to the water department.

 

111.270     Damaged meter.  The water department shall keep in repair and maintain its meter at the consumer’s premises; provided, however, that if the meter is damaged by the consumer or representatives of the consumer, the cost of such repairs or replacement of the meter shall be paid by the consumer.  In case of defective service, written notice of the fact should be sent to the water department of Holden, Missouri.

 

111.280     Connections.  No person except a duly authorized employee of the water department or other person duly authorized by the water department shall make any connection or disconnection, either temporary or permanent, to a water

main or service line of the water department or set, change, remove, interfere with or bypass any water meter of the water department.

 

111.290     (ORD#04-04) Meter checks.

 

  1. The consumer shall accept the meter installed by the

water department as a standard of measurement.  Should the meter become defective or fail to register correctly, the quantity used shall be determined by a test of the meter, or by the amount used during a corresponding period of water use during the preceding twelve (12) months proportioned to the period during which the meter is shown to have been inaccurate.  The water department will make without charge during regular working hours one check of any meter reading questioned by the consumer, all additional checks within the same billing period shall be subject to a service charge of Fifteen dollar

($15.00).These meter checks will be made during regular business hours only.  All usual monthly readings by the water department made to determine the monthly water bill of each consumer shall be made without charge.

 

  1. Any special meter reading made for the convenience Of the consumer, and which is of no use to the water department shall be subject to a service charge of fifteen dollars ($15.00) if made during regular working hours, and fifty dollars ($50.00) if made at all other times.

 

111.300     (ORD #04-04) Same.  The water department at its own expense will make periodic tests and inspections of its meters in order to maintain them at a high standard of accuracy.  Upon request, the water department will test any water meter, free of charges, provided that the meter in question has not been tested within twelve (12) months previous to such request, provided, however, that for all other tests made at the request of the consumer there will be a charge of twenty-five dollars ($25.00) payable in advance unless said meter is actually found to be defective when tested.  No such test will be made at any time other than regular working hours.

 

111.310     Department may shut off water for repairs.  The water department reserves the right at all times, to shut off the water in a main for the purpose of making repairs or extensions, or for any other necessary purpose, and all persons having boilers or tanks within their premises depending on the pressure from the main to keep them filled, are hereby cautioned against danger of collapse.  The water department shall use reasonable diligence in providing a regular and uninterrupted supply of water, but in case the supply of water is interrupted by reason of strike, riot, invasion, storm or fire, accident, breakdown legal process, state or federal interference, or any cause, the water department shall not be liable for damages to the consumers for interruptions in service.  The water department shall give advance notice of any termination of service by the water department, except in emergency circumstances where the nature and severity of the repair work needed does not permit advance notice.

 

111.320    Superintendent may control unusual use. The superintendent of the Board of Public Works shall be authorized to regulate or omit any unusual, unnecessary or wasteful use of water requiring flows of water, where such use of water may affect service to other consumers, and to restrict or regulate the quantity of water used by consumers in case of scarcity of water whenever in his judgment an emergency affecting public health and welfare may require such restrictions.

 

 

111.330     (ORD#04-04) Discontinue service.  After giving a residential water consumer four (4) days written notice and any other consumer forty-eight (48) hours written notice that he is in arrears in the payment of bills rendered by the water department, the water department may discontinue all service supplied to such consumer.

 

111.340     When bills due.  All water bills are due and payable immediately from the date of mailing and are considered delinquent on the 15th day after the date shown on the bill.

 

111.350     Bill delinquent.  On the 15th day after the date of any water bill, service may be terminated for non-payment after notice is given as provided in Section 111.330.

 

111.370     Same (ORD # 06-12).  In the event the water department discontinues a customer’s water service for any nonpayment or violation of these rules and regulations, it shall require payment of a charge of $50.00 for the cost of each reconnection before the water is again supplied to the customer.  Such reconnection charge shall be paid in addition to all other amounts due the water department prior to reconnection.

 

111.380     Same (ORD # 04-04) if paid at time of disconnection.  If a consumer elects to pay the delinquent bill when the water department employees call to discontinue the water service, a service charge of twenty-five ($25.00) shall be added to any other sums due and the entire amount must be paid in cash at the water department office prior to actual disconnection of service, or the water service will be discontinued and the provisions of Section 111.370 shall apply.

111.400     Customer not to turn on water.  When water has been turned off from any consumer, he shall not turn it on nor permit it to be turned on without the written permission of the superintendent of the Board of Public Works and then only after payment of all delinquent indebtedness.

 

111.410     (ORD#04-04) When service discontinued.  When the premises are to be vacated or there is a change of owner or occupant, prompt notice must be given to the water department.  Service may be discontinued by the consumer by giving not less than twenty-four (24) hours written notice to the water department during its regular office hours.  Final bills for service shall become due and payable at once.  Upon final disconnection, the Water Department shall compute the final bill and the consumer’s deposit shall be refunded to that consumer less any remaining charges due to the Water Department.  If the consumer fails to give the twenty-four (24) hour notice prior to vacating the premises the consumer shall forfeit any remaining deposit balance to the Water Department.  Futher, the consumer shall be liable for any lost product or damages incurred as a direct result of their failure to notify the Water Department in advance of their departure.

 

111.420     (ORD # 04-04) Extensions of water line.  The water department will permit extensions of its water mains within its service area on the following terms and conditions:

 

  1. Upon application being made for an extension of water main, the applicant shall apply for approval to the Board of Public Works. Specifications and materials shall be approved by the Board of Public Works prior to any application for State or Federal permits.  Construction shall be  according to approved specifications and permits, and all local, state, and federal regulations.  Inspections shall be made by the superintendent of the water department, before closing of ditch or covering pipe.
  2. The water department shall make refunds during the first five (5) years after completion of the extension only to the party who has contracted and paid for an extension as follows: During the first five (5) years after completion of the extension and after the stated number of prospective consumers are taking water service, a refund of Two Hundred Dollars ($200.00) shall be made for each additional new consumer taking services from said extension for not less than two (2) years at an average minimum charge of at least twelve dollars ($12.00) per month.

 

  1. The sum of the refund made by the water department shall in no event exceed in the aggregate the amount paid to the water department for the extension.

 

111.460     (ORD # 04-04) Same, inadequate distribution system.

 

  1. If the distribution system at the point of connection of the service line is not of sufficient capacity to furnish the required amount of water for the fire protection in addition to the regular public demands of the area, the consumer (either present or prospective) will be required to advance the estimated cost of the mains, services and other facilities for bringing the additional delivery capacity from the point of ample system capacity to the consumer’s curb or property line.

 

  1. The water department will refund at the end of the first year (12 months) of service, an amount equal to that received from any additional connections made on the same basis as provided for under Section 111.420; provided, however, that the refunds shall not exceed the original cost of installation of the extension.

 

111.470     To comply with rules.  No service connection shall be made by the water department nor water supplied to any consumer unless all of the rules and regulations of the Board of Public Works and as set forth in this Chapter have been complied with.

 

111.480     Notice.  Every written notice required by this Chapter to be given by the water department, the Board of Public Works or its agents and employees shall be considered served at the time of mailing by ordinary mail or at the time a notice is hand delivered, if hand delivered, or the notice may be served by posting said notice in a conspicuous place on the premises.  In no event shall actual receipt of a notice be required.

 

111.490     Assessment of charges.  The measurement and assessment shall be under the supervision of the water superintendent who shall cause the data in respect thereto to be entered in the water ledger to be provided by the Board of Public Works therefore; said entry to be made at the time of assessment.  The water department shall verify computation of assessments caused to be entered by the water superintendent and the total revenue received therefrom for each month shall be certified to the Board of Public Works by the superintendent and the water department at its next regular meeting and shall appear on record in the minutes of said meeting.  Any accounts chargeable to any persons for matters other than water consumed but associated with the water department shall be assessed, verified and entered in the same manner as for water revenue.

 

111.500     Ledgers to be kept by water department. The water ledgers shall remain in the possession of the water department except during such time as shall be required for entry and verification of assessments therein registered.  The ledger shall not be permitted to leave the possession of said water department unless the water department shall retain in his possession a list of the last meter reading and unpaid balances on each account thereon.

 

111.510     Reductions or adjustment of bill.  When an assessment has been entered in the ledger and has been verified by the water department and certified to the Board, the same shall then be of legal force and effect and the same shall not be reduced and no allowance shall be made thereon unless said reduction or allowance shall be made by resolution of the Board and shall appear in the record of the Board proceeding.

 

111.520     Collection duties.  The water department shall enter in the water ledgers the proper credits representing collection received in cash in respect to the account of each consumer.  The water department shall also make accurate credit entries of all reductions or allowances which appear in the record of proceedings of the Board.  Ledgers shall at all times show balances due.

 

111.530     (ORD # 04-04) Tamper with utility.  Any person who shall willfully molest, disturb, break, damage, or in any manner wrongfully interfere with or injure the tower, reservoirs, tanks, water gates, or valves, mains, pipes, fire plugs, hydrants, drinking fountains, or other appliances or machinery used in supplying this City with water, or shall in any manner impede the flow of water through any of the water mains or pipes within this City, or place any foreign or noxious substance therein, shall, upon conviction, be guilty of an offense punishable under the code of ordinances.

 

111.540     (ORD#04-04) Same.  Any person who shall willfully and maliciously impair any of the mains, hydrants, valves, stop cocks, or other property of the water department or any other company or department now or hereafter furnishing water to the inhabitants of this City, or shall in any manner interfere with the construction or repair operations of said department, shall be guilty of an offense punishable under the code of ordinances.

 

111.550     Trespass.  It shall be unlawful for anyone other than officials and employees of the City of Holden, Missouri, to climb upon or trespass in any way upon any property of the water department of the City of Holden, Missouri.

 

111.560     (ORD#04-04) Taking water without permission.  Whoever shall himself, or by anyone acting under his authority, use or take water from any part of the works, mains, hydrants or cocks of the water department, without a license or permit, or shall without authority from said department, open, or hitch to, dig out, or maliciously cover or remove any fire plug, stop cock, valve or valve box or other fixtures pertaining to said works, or shut off water going into or from any water pipe wherever situated, or permit the same to be done, shall be guilty of an offense punishable under the code of ordinances.

111.580     Bond of water department.  The water department as herein appointed shall be required to post a bond in the amount of Ten Thousand Dollars ($10,000.00).

 

111.585     (ORD # 1-98)

 

  1. Lead Ban-General Policy.

 

  1.   Purpose. The purpose of this ordinance is:

 

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

 

  • To protect city residents from lead contamination in the City’s public drinking water system and their own private plumbing systems.
  1. This ordinance shall apply to all premises served by the public drinking water system in the City of Holden.

 

  1. This ordinance will be reasonably interpreted by the water purveyor. It is the purveyors 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. If, in the judgment of the water purveyor or his authorized representative, lead base materials have been used in new construction or modification after January 1, 1997, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead base materials removed from the plumbing system and replaced with lead free materials.  If the lead base materials are not removed from the plumbing system, the water purveyor shall have the right to discontinue water service to the premises.

 

  1. Definitions.

 

  1. The following definitions shall apply in the interpretation and enforcement of this ordinance.

 

  • “Consumer” means the owner or person in control of any premises supplied by or in any manner connected to a public water system;
  • “Lead base materials” means any material containing lead in excess of the quantities specified in paragraph 2.A (3);
  • “Lead free” means:

 

  • When with respect to solder and flux, refers to solders and flux containing not more that 0.2 percent (0.2%) lead; and
  • When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than eight percent (8.0%) lead.

 

  • “Public drinking water system” means 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; and
  • “Water purveyor” means the owner, operator, or individual in responsible charge of public water systems.

 

  1. Lead Banned from Drinking Water Plumbing.

 

  1. No water service connection shall be installed or maintained to any premises where lead base materials were used in new construction or modification on the drinking water plumbing after January 1, 1997.
  2. If a premises is found to be in violation of this section, water services shall be discontinued until such time that the drinking water plumbing is lead free.

 

111.590.    Liability.  Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.

Chapter 113 – Sewers and Drainage

Chapter 113–Sewers and Drainage

 

113.010     (ORD # 05-04) Definitions.  Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

  1. BOD (denoting biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter.
  2. Building sewer. The part of the lowest horizontal piping of a drainage system which receives wastewater and other waste from sanitary drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5)feet (1.5meters) outside the inner face of the building wall.

 

  1. Service lateral. The extension from the building sewer to the public sewer or other place of disposal.

 

  1. Combined sewer. A sewer receiving both surface runoff and sewage.

 

  1. Solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
  2. Industrial wastes. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

 

  1. Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground waters.

 

  1. Any individual, firm, company, association, society, corporation, or group.

 

  1. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

 

  1. Properly shredded garbage. 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 sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.

 

  1. Public sewer. A sewer in which all owners of abutting properties have equal rights, and are controlled by public authority.

 

  1. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted.

 

  1. A combination of the water- carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

 

  1. Sewage treatment plant. Any arrangement of devices and structures used for treating sewage.

 

  1. A pipe or conduit for carrying sewage.

 

  1. Shall is mandatory; May is permissive.

 

  1. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or if quantity of flow exceeds for any period or duration longer than fifteen (15) minutes more than five (5) times the average twenty-four hour concentration or flows during normal operation.

 

  1. Storm drain (sometimes termed storm sewer. A sewer which carries storm and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
  2. The superintendent of sewage works and/or of water pollution control of the City of Holden, or his authorized deputy, agent or representative.

 

  1. Suspended solids. Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

 

  1. A channel in which a flow of water occurs, either continuously or intermittently.

 

113.015     Use of public sewer required.  It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Holden, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

 

113.020     Discharge of polluted waste prohibited.  It shall be unlawful to discharge to any natural outlet within the City of Holden, or in any area under the jurisdiction of the City, any sewage or other polluted wastes, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.

 

113.025     Construction of septic tanks, etc., unlawful; connection to public sewer required.

 

  1. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

 

  1. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line.

 

 

113.030     (ORD #05-04) Private sewage disposal.  Where a public sanitary sewer is not available under the provisions of Section 113.025 the service lateral shall be connected to a private sewage disposal system complying with the provisions of this Chapter.

 

113.035     (ORD #05-04) Permit required; fee.  Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent.  The application for such permit shall be made on specifications, and other information as are deemed necessary by the superintendent and shall conform with the rules and regulations of this state, county, and city.  A permit and inspection fee of fifteen dollars ($15.00) shall be paid to the City at the time the application is filed.

 

113.040     Inspection of installation to be made before covering.  A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.  He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within forty-eight (48) hours of the receipt of notice by the superintendent.

 

113.045     (ORD# 05-04)     Installation shall comply with recommendations.  The type, capacities, location and layout of a private sewage disposal system shall comply with all rules, regulations, and recommendations of the Missouri

Department of Natural Resources. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than three (3) acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

 

113.050     (ORD# 05-04) Connection required upon availability of sewer.  At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 113.030, a direct connection shall be made to the public sewer in compliance with this Chapter.

 

113.055     Sanitary maintenance of private sewage facilities by owner.  The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

 

113.060     Statements not to interfere with additional requirements.  No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the health officer.

 

113.065     (ORD# 05-04) Closing of private disposal system.  When a public sewer becomes available, the service lateral shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

 

113.070     (ORD # 05-04) Permit required for sewer service laterals and connections.  No unauthorized 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 superintendent.

 

 

 

 

 

 

113.075     (ORD # 05-04) Classes of service lateral permits; fees, There shall be two (2) classes of service lateral:

 

  1. For residential service; and
  2. For service to commercial or industrial establishments.

 

In either case, the owner or his agent shall make application on a special form furnished by the City.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent.  A permit and inspection fee of fifteen dollars ($15.00) for a residential service lateral permit and thirty dollars ($30.00) for an industrial or commercial service lateral permit shall be paid to the City at the time the application is filed.

113.080     (ORD# 05-04) Installation and connection costs to be borne by owner.  All costs and expenses incident to the installation, connection, and maintenance of the service lateral shall be borne by the owner.  The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation, use, and/or maintenance of the service lateral.

 

113.085     (ORD #3 05-04) Separate sewer for each building; exception.  A separate and independent service lateral shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, driveway, the service lateral from the front building may be extended to the rear building and the whole considered as one service lateral.

 

113.090     (ORD # 05-04) Requirements for old service laterals.  Old service lateral may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this Chapter.

 

113.095     (ORD # 05-04) Construction of sewer to conform to building and plumbing codes.  The size, slope, alignment, material of construction of a service lateral, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City.  In the absence of code provisions or in application thereof, the material and procedures set forth in appropriate specifications of the A.S.T.M. and W.E.F. Manual of Practice No. 9 shall apply.

 

113.100     (ORD# 05-04) Elevation of service lateral.  Whenever possible, the service lateral shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by an approved means and discharged to the service lateral.

 

113.105     (ORD# 05-04) Surface runoff and groundwater prohibited from draining into sanitary sewer.  No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a service lateral, or service lateral, which in turn is connected directly or indirectly to a public sanitary sewer.

 

 

 

113.110     (ORD #05-04) Standards for connection into public sewer.  The connection of the service lateral into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.E.F.Manual of Practice No. 9.  All such connections shall be made gastight and watertight.  Service lateral shall be no less than four (4) inches in diameter and shall be of schedule 40 PVC or ABS plastic pipe.  The service laterals shall be laid at aright angel from the main to the building and there shall be a clean-out adjacent to the building on the outside of the foundation.  If the service lateral is to be greater than on hundred (100) feet in length, there shall be an additional clean-out at each one hundred (100) foot interval.  Connection to the main shall be made with a machine cut hole and shall be through a tapping saddle or wye connection approved by the superintendent.  Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

 

113.115     (ORD # 05-04) Connection to be made under supervision of superintendent.  The applicant for the service lateral permit shall notify the superintendent when the service lateral is ready for inspection and connection to the public sewer.  The connection shall be made under the supervision of the superintendent or his representative.

 

113.120     (ORD # 05-04) Excavations to be guarded and restored. All excavations for service lateral installations shall be adequately guarded with barricades and lights 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 City.

 

113.125     Waters prohibited from being discharged into sanitary sewer.  No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

 

113.130     Discharge into storm sewers.  Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent to a storm sewer, combined sewer or natural outlet.

 

113.135     Substances prohibited from all public sewers.  No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewers:

 

  1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

 

  1. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.

 

 

  1. Any waters or wastes having a pH lower than five and fivetenths (5.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

 

  1. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

 

  1. Any waters or wastes having:

 

  1. A five-day BOD greater than three hundred (300) parts per million by weight, or

 

  1. Containing more than three hundred fifty (350) parts per million by weight of suspended solids, or

 

  1. Having an average daily flow greater than two (2) percent of the average sewage flow of the City, shall be subject to the review of the superintendent.
  1. Where necessary in the opinion of the superintendent, the owner shall provide at his expense, such preliminary treatment as may be necessary to:

 

  1. Reduce biochemical oxygen demand to three hundred (300) parts per million by weight, or

 

  1. Reduce the suspended solids to three hundred fifty (350) parts per million by weight, or

 

  1. Control the quantities and rates of discharge of such waters or wastes.

 

  1. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

 

113.140     Additional prohibited substances.  No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, having an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such facts as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.  The substances prohibited are:

 

 

 

  1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five [65] degrees centigrade).

 

  1. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirtytwo (32) and one hundred fifty (150) degrees Fahrenheit (zero and sixty-five [65] degrees centigrade).

 

  1. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower, (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.

 

  1. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

 

  1. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.

 

  1. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

 

  1. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

 

  1. Any waters or wastes having a pH in excess of nine and fivetenths (9.5).

 

  1. Materials which exert or cause:

 

  1. Unusual concentrations of inert, suspended solids (such as, but not limited to, Fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate.)

 

  1. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

 

  1. Unusual BOD, biochemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

 

  1. Unusual volume of flow or concentration of waters constituting “slugs” as defined herein.

 

 

 

 

 

  1. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

 

113.145     Remedies for prohibited discharges into sewers.

  1. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Sections 113.135 and 113.140 of this Chapter and which in the judgment of the superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance the superintendent may:

 

  1. Reject the wastes;

 

  1. Require pretreatment to an acceptable condition for discharge to the public sewers;

 

  1. Require control over the quantities and rates of discharge; and/or

 

  1. Require payment to cover the added costs of handling and treating wastes not covered by existing taxes or sewer charges under the provisions of Section 113.145 (2) of this Chapter.

 

  1. Terminate all utility services as provided in Section 110.110.

 

  1. If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.

 

113.150     Interceptors; specifications.  Grease, oil, and sand interceptors shall be provided when in the opinion of the superintendent they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

 

113.155     Maintenance requirements for preliminary treatment facilities.  Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

 

113.160     (ORD# 05-04) Requirements for manhole; and meters, etc. When required by the superintendent, the owner of any property serviced by a service lateral carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the service lateral to facilitate observation, sampling, and measurement of the

 

wastes.  Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent.  The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

 

113.165     (ORD # 05-04) Standards for analyses; sampling techniques.  All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control shall be considered to be the nearest downstream manhole in the public sewer to the point at which the service lateral is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards of life, limb, and property.  (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-fourhour composites of all outfalls whereas pHs are determined from periodic grab samples.)

113.170     Agreements between city and industry concerning acceptance of unusual wastes.  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, subject to payment therefore, by the industrial concern.

 

113.175     Destruction or damage to system a violation.  No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of any sewage works.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

 

113.180     Powers and authority of inspectors.  The superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter.  The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

 

113.185     City employees to observe safety rules.

While performing the necessary work on private properties referred to in

Section 113.190, the superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the owner and the owner shall be held harmless for injury or death to the City employees and the City shall indemnify the owner against loss or damage to its property by City employees and against liability claims and demands for personal injury or

property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions.

 

113.190     Easement permitting entry for inspection, etc.  The superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewer works lying within said easement.  All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

113.195.    Liability.  Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

Chapter 115 – Rates and Charges

Chapter 115–Rates and Charges

 

115.010     (ORD # 06-04)    Right to change rates reserved.  The schedule of rates for the use of municipal utilities may at any time and in any respect be changed by action of the City Council, and the right to make such change without notice to the individual consumer is hereby expressly reserved. Any sewer rate increase shall be in accordance with section 250.233 RSMO and as the same may be amended.

Chapter 117 – Lease Purchase Agreement

(ORD # 1-92)

 

Chapter 117–LEASE PURCHASE AGREEMENT

 

Section 1.    Authorization of Documents.  The City is hereby authorized to enter into the Equipment Lease/Purchase Agreement dated as of September 15, 1991 (the “Lease/Purchase Agreement), between Nodaway Valley Bank (the “Bank”), as lessor, and the City, as lessee, under which the City shall lease certain equipment from the Bank (the “Equipment”), for the Rental Payments and other terms and conditions as set forth in said Lease/Purchase Agreement, in substantially the forms presented to and reviewed by the City Council at this meeting and attached to this Ordinance as Exhibit A (copies of which document shall be filed in the records of the City), with such changes therein as shall be approved by the officers executing such documents, such officers’ signatures thereon being conclusive evidence of their approval thereof.

 

Section 2.    Limited Obligations.  The Rental Payments under the Lease/Purchase Agreement shall be appropriated annually by the City and shall not constitute a debt, liability or indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Section 3.    Execution of Documents. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Lease/Purchase Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

 

Section 4.    Exception from Rebate Requirements. The City makes the following representations in connection with the exception for small governmental units from the arbitrage rebate requirements under Section 148(f) (4) (C) of the Internal Revenue Code of 1986, as amended (the “Code”):

 

  • the City has general taxing powers;

 

  • 95% or more of the net proceeds of the Lease/Purchase Agreement are to be used for local governmental activities of the City; and

 

  • the aggregate face amount of all tax-exempt obligations (other than private activity bonds) to be issued by the City and all entities subordinate to the City during calendar year 1991, including the obligations represented by the Lease/Purchase Agreement, is not reasonably expected to exceed $5,000,000. Pursuant to Section 148(f) (4) (C) (iv) of the Code, the City hereby allocates a portion of its $5,000,000 limitation for calendar year 1991 in an amount equal to the principal amount of the Certificates.

 

Section 5.  Designation as Qualified Tax-Exempt Obligations.  The City hereby designates the Lease/Purchase Agreement and the obligations thereunder to be “qualified tax-exempt obligations” as such term is defined in Section 265(b) (3) of the Code.  The City hereby represents that:

 

  • the reasonably anticipated amount of tax-exempt obligations

(other than private activity bonds) which will be issued by or on behalf of the

City and all entities subordinate to the City during calendar year 1991 does not exceed $10,000,000; and

 

 

  • the aggregate principal amount of obligations designated by the City as “qualified tax-exempt obligations” during calendar year 1991, including the Lease/Purchase Agreement, does not exceed $10,000,000.

 

Section 6.  Further Authority.  The officers of the City, including the Mayor and the City Clerk, shall be, and they hereby are, authorized and directed to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance, to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.