TITLE 13PUBLIC SERVICES

Chapters:13.04 Water System 13.06 Drinking Water Source Protection 13.08 Control of Backflow and Cross-

Connections13.12 Sewer System 13.13 Wastewater Pretreatment 13.16 Electrical Power System 13.18 Storm Water 13.20 Irrigation Water System 13.24 Delinquent Municipal Utility

Accounts

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Chapter 13.04

WATER SYSTEM

Sections: 13.04.010 Connections-Application-Individuals. 13.04.020 Connections-Application-Developers. 13.04.030 Service-Application-Owners. 13.04.040 Service-Application-Tenants. 13.04.050 Rates, fees and charges and rules

for billing and collect ing-Method of fixing- Uniformity required.

13.04.060 Special rates and condi tions- Methods of fixing-Purpose.

13.04.070 Assessments-Complaints-Board to hear and make needed corrections.

13.04.080 Use without payment prohibited. 13.04.090 Injuring or impairing water or

sewer system prohibited. 13.04.100 Billing-Frequency. 13.04.110 Billing-Contents-Delinquent

payment-Notice of intent to disconnect service.

13.04.120 Delinquent payments-Notice of intent to disconnect service-Appeal.

13.04.130 Delinquent payments-Termination of service requirements for reconnection.

13.04.140 Delinquent payments-Interest. 13.04.150 Service restoration fee. 13.04.160 Notice of intent to disconnect service-Form. 13.04.170 Unauthorized use after discon nection. 13.04.172 Seasonal or temporary connection disconnection-policy-Fees 13.04.173 Seasonal or temporary connection disconnection-within city limits fee. 13.04.174 Seasonal or temporary connection disconnection- outside of city limits-Fee. 13.04.175 Seasonal or temporary connection /disconnection- policy and fee applicability. 13.04.176 Seasonal or temporary connection/ disconnection- Payment of previous billings- Utility service agreement required. 13.04.177 Seasonal or temporary connection/ disconnection- Disconnection defined. 13.04.180 Separate connections required for each user. 13.04.190 Unauthorized users. 13.04.200 Use by visitors in recreational vehicles. 13.04.210 Maintenance and protection of apparatus. 13.04.220 Water pipes-Specifications-Installation. 13.04.230 Water use prohibitions. 13.04.240 Vehicles for sprinkling-Regulation.

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13.04.250 Inspection-Access authority. 13.04.260 Liability for damages-Disclaimer. 13.04.270 Use of water for driving machin ery. 13.04.280 Use of multiple outlets and sprin klers. 13.04.290 Scarcity of water-Authority to limit use. 13.04.300 Wasting water. 13.04.310 Water meters. 13.04.320 Water lines-Connection, repair,

alteration and installa tion-Permit-Required. 13.04.330 Water lines-Connection, repair,

alteration and installa tion-Permit- Application-Issuance-Fee.

13.04.340 Water lines-Moving or replace ment. 13.04.350 Connection-Compliance with building

and plumbing codes required. 13.04.360 Discontinuance of service. 13.04.370 Fire hydrants. 13.04.380 Extension of water mains within city limits. 13.04.390 Extension of water mains outside city limits. 13.04.395 Connections to water mains outside city limits. 13.04.400 Extension of water mains by subdivider. 13.04.450 Extension of water mains-Specifications. 13.04.470 Extension of water mains-Maintenance.

13.04.010 Connections-Application-Individuals.Any person, other than a subdivider or developer

seeking multiple connections, who desires or is required to secure a new connection to the municipal water system, shall file with the water department for each such connection a written and signed connection application in substantially the form set out in Exhibit 13.04.010. (Prior code § 14-113)

Exhibit 13.040.010

HYRUM CITY, UTAHAPPLICATION FOR WATER CONNECTION

TO THE MUNICIPALITY OF HYRUM CITYI hereby apply to the municipality of Hyrum City for

permission to connect my premises at ___________with the municipality of Hyrum City water system and hereby agree as follows:1. (a) The municipality shall make the

requested connection from its water main to and including the water meter and up to my property line or to the meter if the meter is installed within my property. I agree to pay the municipality the connection charges and fees as may be fixed by the governing body by resolution

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or ordinance including a reservoir charge if so provided.

Additionally, I agree to pay $ for inspection and overhead charges and other miscellaneous costs for the municipality as may be fixed by the governing body by resolution or ordinance.

The work of extending the water connection from the point to which the municipality installs it to the place at which the water is to be used shall be my responsibility and shall be performed at my sole cost.(b) The connection so made by the municipality, including the meter, shall remain the property of the municipality at all times, and the municipality shall have access thereto at all times.

2. The location of the meter, whether on my premises or at some point near my premises, may be decided solely by the municipality.

3. Before making connection with the water system, I shall cause the plumbing upon my premises to be inspected by the municipality and if the plumbing is not approved, I will cause the plumbing to be rectified at my own expense to meet the requirements of the municipality or of any other governmental agency having jurisdiction to regulate the water system within the municipality.

4. I will be bound by the rules, regulations, resolutions or ordinances enacted now or hereafter by the municipality applicable to the municipality's water system.

5. The purpose for which the water connection will be used is ___________________________________________.

6. The municipality shall have free access to the lines and meters installed under this agreement and, at reasonable times, through my property if necessary.

Dated this day of , 2 .

_________________________Signature of Applicant

13.04.020 Connection-Application-Developers.Whenever a subdivider or developer desires or is

required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and

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connections shall be made and the payments that shall be required. (Prior code § 14-114)

13.04.030 Service-Application-Owners.Any person who desires or is required to secure water

service when such service is available from the municipal water system, shall file with the water department a written application and agreement for the service which shall be in substantially the form set out in Exhibit 13.04.030. (Prior code § 14-115)

Exhibit 13.04.030

HYRUM CITY, UTAHAPPLICATION FOR WATER SERVICE

TO THE MUNICIPALITY OF HYRUM CITY, UTAH

The undersigned hereby applies for water service from the municipality of Hyrum City, Utah, for premises located at , and hereby agrees:

1. To pay for such water service as are fixed from time to time by the governing body until such time as I shall direct such service to be discontinued.

2. In the event of a failure to pay water charges within the due dates fixed by the governing body or of a failure of the occupant of the premises to conform to the ordinances and regulations established by the governing body regulating the use of the water system, that the municipality shall have the right to discontinue the water system service at its election, pursuant to five days' written notice of the municipality's intention, until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to this ordinance or regulations issued thereunder is eliminated.

3. To be bound by the rules, regulations, resolutions, or ordinances enacted or adopted by the governing body applicable to the municipality's water system.Applicant does hereby deposit $ with the municipality on the filing of this application for water service, and it is agreed and understood that the municipality may, but need not, apply the deposit upon bills due for prior service and that the right of the municipality to shut off service as above provided shall exist even though the deposit has been applied to the payment of past due bills for services. On final settlement of applicant's account, any unused balance of deposit will be refunded to applicant upon return of the security deposit receipt issued by the municipality

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at the time the deposit is made.4. That the deposit shall not be considered as an advance

payment for any service. Charges and unpaid accounts shall be considered delinquent notwithstanding the existence of the deposit, and the applicant or user of water service shall not have the right to compel the municipality to apply the deposit to any account to avoid delinquency.

Dated this day of , 2 .

_________________________Signature of Applicant

13.04.040 Service-Application-Tenants.Applications for water service made by the tenant of an

owner must in addition to the requirements set out in Section 13.04.030 be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in substantially the following form:

In consideration of the acceptance of the application for water service submitted by (tenant) , I or we will pay for all water services for any such tenant or any other occupant of premises in case such tenant or occupant shall fail to pay for the same according to the ordinances, rules, regulations or resolutions enacted by the municipality.

Dated this day of , 2 .________________________

(Owner)(Prior code § 14-116)

13.04.050 Rates, fees and charges and rules for billing and collecting-Method of fixing-Uniformity required.

The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee and other charges incidental to connection and services from the municipal water system shall be fixed from time to time by resolution enacted by the governing body. The governing body may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. (Prior code § 14-117)

13.04.060 Special rates and conditions-Method of fixing-

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Purpose.The governing body may from time to time fix by

agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper. (Prior code § 14-118)

13.04.070 Assessments-Complaints-Board to hear and make needed corrections.

The governing body is constituted a board of equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. They may, if they see fit, rebate all or any part of the water bill of any indigent person. (Prior code § 14-119)

13.04.080 Use without payment prohibited.It is unlawful for any person by himself, family,

servants or agents to utilize the municipal water or sewer system without paying therefor, as herein provided or, without authority, to open any fire hydrant, stopcock, valve or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement or resolution. (Prior code § 14-120 (part))

13.04.090 Injuring or impairing water or sewer system prohibited.

It is unlawful to injure, deface or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system. (Prior code § 14-120 (part))

13.04.100 Billing-Frequency.The city shall furnish to each user, or mail to or

leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month at such other regular interval as the governing body shall direct. (Ord. 93-02 § 1 (part): prior code § 14-121 (A))

13.04.110 Billing-Contents-Delinquent payment-Notice of intent to disconnect service.

The statement shall specify the amount of the bill for the water service, the billing date, the place of payment and the date due. If any person, firm or corporation fails to pay within fifteen days of due date, which due date is specified to be fifteen days from the billing date as indicated on the billing form, the charges due for municipal water service received by the person, firm or corporation as indicated on the statement furnished by the city, the city

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shall give the person, firm or corporation notice in writing of intent to discontinue or interrupt water service to the premises of the person, firm or corporation unless the amount due is paid in full within fifteen days from the date of the notice. (Ord. 93-02 § 1 (part): prior code § 14-121 (B))

13.04.120 Delinquent payments-Notice of intent to disconnect service-Appeal.

Any person, firm, or corporation receiving a written notice of intent to discontinue or interrupt water service shall have the opportunity within ten days from the date of notice of intent to interrupt water service to request a hearing before the city council concerning the same, which hearing shall be held at the next regularly schedule meeting of the city council or as soon thereafter as is reasonable. In the event a hearing is so requested, all further action by the city shall be stayed until such hearing is duly held and appropriate action pursuant thereto, authorized and directed by the city council. (Ord. 93-02 § 1 (part): prior code 14-121 (C))

13.04.130 Delinquent payments-Termination of service-Requirements for reconnection.

If water service is thereafter terminated for failure to make payment of the service charges due, then before the water service to the premises shall again be provided, all delinquent water service charges must have been paid to the city or arrangements made for their payment in a manner satisfactory to the municipality. Furthermore, in addition to such payments and penalties, the delinquent customer may be required to make and file a new application and deposit if the previous deposit has been heretofore applied to the payment of delinquent bills. The treasurer or other city personnel are authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the municipality. (Ord. 93-02 § 1 (part): prior code § 14-121 (D))

13.04.140 Delinquent payments-Interest.Any customer account becoming delinquent, which

delinquency is defined as being thirty-one or more days from the billing date as indicated on the billing form, shall be subject to an interest penalty of one and one-half percent per month (eighteen percent annual percentage rate) on the unpaid or delinquent arrears balance for water service, which shall begin to accrue on the thirty-first day after the billing date. (Ord. 93-02 § 1 (part): prior code § 14-121 (E))

13.04.150 Service restoration fee.

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Any water service disconnected or interrupted as a result of nonpayment shall be subject to a service restoration fee in an amount set by resolution of the City Council, if the service is restored during regular business hours of eight a.m. to five p.m., Monday through Friday. If the service is restored at hours other than regular business hours as defined herein, including Saturday, Sunday or any holiday, the service restoration fee shall be an amount set by resolution of the City Council. The fee shall be paid prior to reconnection or restoration of that service. Service restoration fees may be set from time to time by resolution of the city council. (Ord. 93-02; Ord. 08-06 § 1 (part): prior code § 14-121 (F))

13.04.160 Notice of intent to disconnect service-Form.Written notice of intent to discontinue or interrupt

water service to the premises of a person, firm or corporation shall be known as “Final Notice” and shall be in substantially the form set out in Exhibit 13.04.160. (Ord. 93-02 § 1 (part): prior code § 14-121 (G))

Exhibit 13.04.160

FINAL NOTICENO OTHER NOTICE WILL BE GIVEN PRIOR TO SHUT-OFF

THIS NOTICE DOES NOT RELEASE THE USER FROM HONORINGANY PRIOR AGREEMENT

YOUR UTILITY ACCOUNT IS DELINQUENT AND IF THE ARREARS PORTION OF THE BILL IS NOT PAID IN FULL BY THE DUE DATE ON THE ELECTRIC BILLING, SERVICE WILL BE SHUT OFF WITHOUT FURTHER NOTICE AT 8:00 A.M. ON .

BEFORE SERVICE TO SAID PERSON OR ENTITY SHALL AGAIN BE PROVIDED, THE FOLLOWING FEES MUST BE PAID:

1. THE CURRENT FULL BALANCE OF THE UTILITY ACCOUNTS;2. A RECONNECTION FEE OF $15.00 FOR EACH SERVICE INTER-

RUPTED; AND3. A NEW OR ADDITIONAL CUSTOMER DEPOSIT CALCULATED

ACCORDING TO CITY ORDINANCE.

IF YOU DISAGREE WITH ANY PART OF THIS NOTICE, AND BELIEVE THAT YOU HAVE A VALID REASON WHY YOUR SERVICE SHOULD NOT BE DISCONTINUED, PLEASE REQUEST A HEARING BEFORE THE CITY COUNCIL BY PHONING 245-6033, WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE.

HYRUM CITY CORPORATION83 WEST MAIN

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HYRUM, UTAH 84319PHONE: 245-6033

ACCOUNT NO.MAILING DATE:SHUT-OFF DATE:ACCOUNT DUE:

BY ORDER OF THE MAYOR AND CITY COUNCILELECTRIC, WATER, SEWER AND GARBAGE COLLECTION

HYRUM CITY CORPORATIONHYRUM, UTAH 84319

13.04.170 Unauthorized use after disconnection.It is unlawful for any person, after the water has been

turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations or resolutions pertaining to water supply, to turn on or allow the water to be turned on or used without authority from the superintendent or recorder/clerk. (Prior code § 14-122)

13.04.172 Seasonal or temporary connection/disconnection-Policy-Fees.

City policy concerning, and fees charged for, seasonal or temporary connection/disconnection shall be set by resolution of the City Council.(Ord. 14-02)

13.04.173 Seasonal or temporary connection/disconnection-Within city limits-Fee.

At any time the city is requested by an owner, landlord or agent to connect or restore water service which has been seasonally or temporarily disconnected or interrupted by request of the owner, landlord or agent, the city shall charge such fees for the service as set by resolution of the City Council and determined by whether the service is performed during normal business hours or at times other than normal business hours. (Ord. 14-02)

13.04.174 Seasonal or temporary connection/disconnection-Outside city limits-Fee.

At any time the city is requested by an owner, landlord or agent to connect or restore electrical service which has been seasonally or temporarily disconnected or interrupted by request of the owner, landlord or agent, the city shall charge such fees for the service as set by resolution of the City Council and determined by whether the service is performed during normal business hours or at times other than normal business hours, or whether the service is

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connected or restored to a home, apartment, seasonal residence or other entity located outside Hyrum City limits. (Ord. 14-02)

13.04.175 Seasonal or temporary connection/disconnection-Policy and fee-Applicability.

The policy and fee charged for each seasonal or temporary service restoration shall also apply to each seasonal or temporary disconnection or service interruption. (Ord. 14-02)

13.04.176 Seasonal or temporary connection/disconnection-Payment of previous billings-Utility service agreement required.

At any time the city is requested by an owner, landlord or agent to connect or restore electrical service which has been seasonally or temporarily disconnected or interrupted by request of the owner, landlord or agent, the city shall require that all previous billings to the owner, landlord or agent for service at his home, apartment, seasonal residence or other entity shall have been paid satisfactorily and that a current utility service agreement is on file with the power department. (Ord. 14-02)

13.04.177 Seasonal or temporary connection/disconnectionDisconnection defined.

Any vacancy or disconnection of less than one year shall be deemed a seasonal or temporary disconnection or service interruption. (Ord.14-02)

13.04.180 Separate connections required for each user.It is unlawful for two or more families or service

users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the governing body and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the municipality for all water services utilized on all such premises. Noth-ing herein shall be deemed to preclude the power of the municipality to require separate pipes, connections or meters at a subsequent time. (Prior code § 14-123)

13.04.190 Unauthorized users.It is unlawful for any water service user to permit any

person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises.

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(Prior code § 14-124)

13.04.200 Use by visitors in recreational vehicles.Individuals visiting the premises of an unauthorized

user in a recreational vehicle not including a mobile home and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed two month(s). Continued use thereafter shall be deemed unauthorized and violative of the provisions of this chapter relating to separate connections and unau-thorized use. (Prior code § 14-125)

13.04.210 Maintenance and protection of apparatus.All users of water services shall keep their service

pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person except under the direction of the water superintendent shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe. (Prior code § 14-126)

13.04.220 Water pipes-Specifications-Installation.A. All service and other pipe used in conjunction

with the water services of the municipality shall be of such material, quality and specifications as the governing body may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefor from the recorder/clerk.

B. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water su-perintendent and subject to such requirements relating to controls as may be imposed by him. (Prior code § 14-127)

13.04.230 Water use prohibitions.It is unlawful for any water user to:A. Waste water;B. Allow it to be wasted by stops, taps, valves,

leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow;

C. Wastefully run water from hydrants, faucets or stops, or through basins, water closets, urinals, sinks or other apparatus;

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D. Use the water for purposes other than for which he has applied, or to use water in violation of the rules and regulations for controlling the water supply. (Prior code § 14-128)

13.04.240 Vehicles for sprinkling Regulation.Vehicles for sprinkling shall be regulated and

controlled by the water department through the superintendent of the water department. (Prior code § 14-129)

13.04.250 Inspection-Access authority.The water superintendent and his agents shall at all

ordinary hours have free access to any place supplied with water services from the municipal system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use. (Prior code § 14-130)

13.04.260 Liability for damages-Disclaimer.The municipality shall not be liable for any damage to

a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the municipality beyond that provided in the Governmental Immunity Act. (Prior code § 14-131)

13.04.270 Use of water for driving machinery.No water shall be supplied from the pipes of the

municipal water system for the purpose of driving motor, syphon, turbine or other wheels, or any hydraulic engines or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the governing body. (Prior code § 14-132)

13.04.280 Use of multiple outlets and sprinklers.A. It is unlawful for any person to use such number

of outlets simultaneously or to use such sprinklers or combinations of sprinklers or outlets as will in the opinion of the governing body materially affect the pressure or supply of water in the municipal water system or any part thereof, and the governing body may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.

B. The governing body shall, after determining that such improper use exists, notify the affected

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water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this chapter. (Prior code § 14-133)

13.04.290 Scarcity of water-Authority to limit use.In time of scarcity of water, whenever it shall in the

judgement of the mayor and the governing body be necessary, the mayor shall by proclamation limit the use of water to such extent as may be necessary. It is unlawful for any person, his family, servants or agents to violate any proclamation made by the mayor in pursuance of this authority to limit use. (Prior code § 14-134)

13.04.300 Wasting water.A. Users of water from the municipal water system

shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or of any of the officers of the municipality, a user of municipal water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the governing body.

B. The governing body may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five days prior to the meeting of the governing body at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.

C. A water user whose right to utilize municipal water is being reviewed shall have opportunity to appear with or without counsel and present his reasons why his water service should not be discontinued.

D. After due hearing, the governing body may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, it shall notify him of the decision and of the period during which the service will remain discontinued. (Prior code § 14-135)

13.04.310 Water meters.

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A. Except as otherwise expressly permitted by this chapter, all structures, dwelling units, estab-lishments and persons using water from the mu-nicipal water system must have such number of water meters connected to their water system as are necessary in the judgment of the superinten-dent to adequately measure use and determine water charges to the respective users.

B. Meters will be furnished by the municipality upon application for a connection, and upon payment of such connection fees and other costs as may be established by the governing body from time to time by resolution.

C. Meters shall be deemed to be and remain the property of the municipality. Whenever a dispute between superintendent and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the governing body after due notice in writing to the parties involved.

D. The superintendent shall cause meter readings to be taken regularly and shall advise the record-er/clerk thereof for the purpose of recording the necessary billings for water service.

E. Meters may be checked, inspected or adjusted at the discretion of the municipality, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the municipality unless special permission is given by the munici-pality through its representatives to the customer to do so.

F. If a customer submits a written request to the superintendent to test his water meter, the municipality may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within twelve months after the date of the last previous test, the customer may be required to pay the cost of such test. If the meter is found in such test to record from ninety-seven percent to one hundred three percent of accuracy under methods of testing satisfactory to the governing body, the meter shall be deemed to accurately measure the use of water.

G. If the municipality's meter fails to register at any time, the water delivered during the period of failure shall be estimated on the basis of previ-ous consumption during a period which is not

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questioned. In the event a meter is found to be recording less than ninety-seven percent or more than one hundred three percent of accuracy, the municipality shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.

H. All damages or injury to the lines, meters or other materials of the municipality on or near the customer's premises caused by any act or neglect of the customer shall in the discretion of the municipality be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the municipality through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer. (Prior code § 14-136)

13.04.320 Water lines-Connection, repair, alteration and installation-Permit-Required.

It is unlawful for any person to lay, repair, alter or connect any water line to the municipal culinary water system without first having received a construction permit from the office of the recorder/clerk or from the water superintendent. (Prior code § 14-137)

13.04.330 Water lines-Connection, repair, alteration and installation-Permit-Application-Issuance-Fee.

A. Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the municipal water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises who shall describe the nature of the work to be done for which the application is made.

B. 1. The application shall be granted if the superintendent determines that:a. The connection, repair, alteration or

installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main;

b. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the municipality.

2. All connections, alterations or installations

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shall be to the line and grade designated by the water superintendent.

C. Fees for permits or for inspection services shall be of such amounts as the governing body shall from time to time determine by resolution. (Prior code § 14-138)

13.04.340 Water lines-Moving or replacement.In the event that the municipality in its sole dis-

cretion determines that any water line of the municipality must be moved or replaced, the municipality shall bear that portion of the cost of such move or replacement which applies to the main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to his property line shall be borne by the customer. (Prior code § 14-139)

13.04.350 Connection-Compliance with building and plumbing codes required.

Permission to connect with the municipal water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the building and plumbing codes of the municipality. (Prior code § 14-140)

13.04.360 Discontinuance of service.Any customer desiring to discontinue service shall

notify the municipality in writing of such fact at least ten days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit made will be refunded upon discontinuance of ser-vice. (Prior code § 14-141)

13.04.370 Fire hydrants.Water for fire hydrants will be furnished free of

charge by the municipality. Installation and repairs on such hydrants shall be at the expense of the municipality and shall be made under the direction of the municipality. All customers shall grant the municipality, upon demand, a right-of-way or easement to install and maintain such hydrants on their premises if the municipality concludes that the hydrants shall be so installed for the protection of the residents of the municipality. (Prior code § 14-142)

13.04.380 Extension of water mains within city limits.A. Any person (excluding any subdivider or person

who, at the time of extension, has subdivided, or will subdivide the property served by the

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requested extension, into a platted subdivision) who desires to have the culinary water mains extended within city limits, shall submit an application in writing to the city containing:1. A description of the proposed extension;2. A map showing the location thereof. (Ord.

00-11)B. The city shall consider all such applications for

extensions of water mains in the order of receipt but may exercise sole discretion as to priority and order of installation regardless of application order. (Ord. 00-11)

C. Should the city approve an application for a water main extension, the applicant shall deposit with the city an amount equal to the estimated cost of design and bidding of the extension (if bidding is required under city purchasing policies). Once the bid cost is known, the applicant shall deposit with the city an amount equal to the bid (or estimate if the project doesn’t require bidding), plus ten percent contingency (any unused portion of which will be refunded to the applicant upon completion of the project), plus the estimated cost of inspection and project management (any unused portion of which will also be refunded to the applicant upon completion of the project) before the city shall proceed to install the extension, either of its own accord or under contract let let to a qualified contractor. All persons connecting to said water main extension, including the petitioner, shall be required to remit all applicable connection and impact fees in effect at the time of connection. The city reserves the right to delay connections to the water main extension until after completion of such capital facilities plans and impact fee studies as may be required by law in order to determine and adopt appropriate connection and impact fees and determine adequate line sizes to serve potential growth. The city reserves the right to determine line size and to require any or all extensions to be sized for future growth. Under these circumstances, the city may elect to pay all or a portion of the added cost to install the larger line. (Ord. 00-11)

D. The city engineer shall be responsible for design of the water main extension and preparation of plans and specifications for the project. The applicant shall be responsible for securing and recording any required rights-of-way or easements for said extension. (Ord. 00-11)

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E. The city reserves the exclusive right to approve or disapprove any and all requests or petitions for line extensions based upon all criteria determined applicable by the city, including, but not limited to, available water supply, and available capacity on existing distribution lines from which the extension will be served or until completion of any engineering studies to determine line size and connection fees and impact fee studies to establish impact fees. (Ord. 00-11)

F. Any person desiring extension of the water mains whose petition meets the requirements of 13.04.380(A) shall submit payment in full of the estimated costs, fees, and charges for such extension as determined by the city engineer, which shall include, but not be limited to, engineering costs, legal fees, materials, labor, construction contracts, plus administrative and supervisory expenditures of the municipal water department. Any expenses that exceed the estimated total shall be paid by the petitioner upon completion of the project but before water service will be provided. Such extensions shall be property of the city and will not be subject to cost recovery measures for any portion thereof by the petitioner, and any connections to the extension will be subject to the applicable connection and impact fees. (Ord. 00-11; Ord. 98-17)

13.4.390 Extension of water mains outside city limits.No further extensions of municipal water mains

presently located outside city limits will be approved with the following exceptions:

A. Blacksmith Fork Canyon, beginning at present city limits on the east boundary of the city park known as the CCC Camp, extending the length of the city’s canyon water transmission line from said boundary to its beginning at Main Spring. Connections to and extensions from said canyon water transmission line may be approved by the city, pursuant to the requirements of Section 13.04.380 and provided the city determines sufficient pressure is available.

B. The city reserves the right to further extend water mains located outside city limits to serve users within newly annexed territory or other users located inside city limits. Ord. 98-17); Ord. 96-01: Ord. 92-17 § 3: prior code § 14-152)

C. The city reserves the right to extend water mains and provide connections for government entities,

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including federal and state government or branches thereof such as counties, school districts, municipalities, etc. Said government agencies shall not be restricted as to use or application of such connections. (Ord. 00-15)

13.04.395 Connections to water mains outside city limits.No further connections to municipal water mains

presently located outside city limits, nor extension of water mains to serve property outside city limits, will be approved with the exceptions as described in Section 13.04.390. All persons and other potential users, excepting those connected to the system as of the date of this enactment, who request service from existing municipal water mains located inside and outside city limits must annex prior to receiving service from the municipal culinary water system. (Ord. 00-15; Ord. 98-17)

13.04.400 Extension of water mains by subdivider.Any subdivider or other person who owns property that

has been or will be divided as a platted subdivision who requests extension of the water mains to serve said subdivision must pursue the extension under the regulations and conditions of the municipal subdivision ordinance. (Ord 98-17; Ord. 92-17 § 4: prior code § 14-153)

13.04.450 Extension of water mains-Specifications.Unless otherwise specified by the city, all extensions

shall be of six-inch ductile iron pipe, laid according to specifications, which include the number of valves, meters, fire hydrants, etc., as determined by the city engineer. Nothing in this section shall be interpreted to preclude the city's right to designate smaller or larger diameter pipe, as circumstances warrant, or alternative materials. The city also reserves the right to require any or all extensions to be sized for future growth. Under these circumstances, the city may elect to pay all or a portion of the added cost to install the larger line. (Ord. 00-11; Ord. 98-17; Ord. 96-01: Ord. 92-17 § 9: prior code § 14-158)

13.04.470 Extension of water mains-Maintenance.Unless otherwise provided in the petition for extension

or in the subsequent approval of the city engineer, the city will own, operate and maintain all extensions made under this chapter. (Ord. 96-01; Ord. 92-17; prior code 14-160)

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Chapter 13.06

DRINKING WATER SOURCE PROTECTION

Sections:13. 06.100 Title. 13.06.101 Applicability. 13.06.102 Authority. 13.06.103 Purpose and intent. 13.06.104 Definitions. 13.06.105 Abrogation and greater restrictions. 13.06.106 Review of the ordinance. 13.06.107 Administration. 13.06.200 Drinking water source protection zone map. 13.06.201 Designation of recharge areas and protection

zones.13.06.202 Review of recharge area protection zone map. 13.06.203 Permitted uses, conditional uses, and

prohibitions within recharge areas and protection zones.

13.6.301 Toxic, hazardous, and other materials handling regulations.

13.6.302 Storage containers. 13.6.303 Secondary containment. 13.6.304 Regulated substances emergency management

plan.13.6.305 Reporting of spills. 13.6.306 Best management practices. 13.6.307 Underground storage tanks. 13.6.308 Septic tank systems. 13.6.309 Sewage collection, transmission and disposal. 13.6.310 General stormwater management. 13.6.311 Deicing salt storage and application. 13.6.312 Landfills. 13.6.313 Environmental quality monitoring. 13.06.400 Exclusions and exemptions. 13.06.401 Exclusions. 13.06.402 Continuous transit. 13.06.403 Vehicular and lawn maintenance fuel and

lubricant use.13.06.500 Inspections. 13.06.501 Notice of violations. 13.06.502 Appeals. 13.06.503 Disputes. 13.06.504 Liability

13.06.100 Title.This ordinance shall be known as the Drinking Water

Source Protection Ordinance. The provisions of this Ordinance shall be effective within the areas which affect

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the aquifers as shown on the maps attached hereto as Exhibit A (Well No. 1) B (Well No. 3, C (Well No. 4) and D (all springs) and shall set prohibitions and restrictions to prevent contamination of the public drinking water supply in the City as a result of hazardous and toxic substances entering the groundwater. This ordinance shall be liberally construed to effect the purposes set forth herein.

13.6.101 Applicability.It shall be the responsibility of any person owning

realproperty and/or owning or operating a business within the jurisdiction of the City to conform and comply with the applicable provisions contained in this Ordinance. Ignorance of this provision shall not excuse any violations of the provisions of this Ordinance.

13.6.102 Authority.Hyrum City has the authority to adopt this Ordinance to

facilitate compliance with drinking water source protection regulations pursuant to Section 10-8-15, Utah Code Annotated, 1953, as amended; the Land Use and Development Act, Subsection 10-9-102, Utah Code Annotated, 1953, as amended; the Utah Administrative Code, Section R 309-113; and other such authorities and provisions as in the statutory and common law of the State of Utah.

13.6.103 Purpose and intent.A. The purpose of this Ordinance is to protect,

preserve, and maintain existing and potential public drinking water sources in order to safeguard the public health, safety and welfare of City residents and visitors. The intent of this Ordinance is to establish and designate drinking water source protection zones and groundwater recharge areas for all sources of public drinking water within City boundaries and jurisdiction which affect the aquifers as shown on Exhibits A through D. This Ordinance establishes criteria for regulating the storage, handling, use or production of hazardous or toxic substances within identified areas where groundwater is, or could be, affected by the potential contaminant source. This shall be accomplished by the designation and regulation of property uses and conditions that may be maintained within such zones or areas. Unless otherwise specified, the provisions of this ordinance apply to new development and/or improvements to existing facilities, and or/ the handling, movement, and storage of potentially hazardous materials.

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B. The degree of protection afforded by this Ordinance is considered adequate for regulatory purposes. This Ordinance does not ensure that public drinking water sources will not be subject to accidental or intentional contamination, nor does it create liability on the part of the City, or an officer or employee thereof, for any damages to the public water supplies from reliance on this Ordinance or any administrative order lawfully made thereunto.

C. A notice to cease or an exemption issued under this Ordinance shall not relieve the owner of the obligation to comply with any other applicable federal, state, regional or local regulations, rule, ordinance or requirement, nor shall said notice or exemption relieve any owner of any liability for violation of such regulations, rules, ordinances, or requirements.

13.6.104 Definitions.Unless the context specifically indicates otherwise,

themeaning of terms used in this Ordinance shall be defined as follows:

A. “Abandoned Well” shall mean a well the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.

B. “Best Management Practices (BMPS)” shall mean a practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil, and air quality goals.

C. “CRF” shall mean Code of Federal Regulations.D. “Closure” shall mean the cessation of operation of

a facility, or any portion thereof, and the act of securing such facility or portion thereof to ensure protection of groundwater in accordance with the appropriate state, federal, and local regulations applicable to the specific facility and with the provisions of this Ordinance.

E. “Code” shall mean the Hyrum City Municipal Code.F. “Code Inspector” shall mean any authorized agent

or employee of the City whose duty is to assure code compliance.

G. “Collection Area” shall mean the area surrounding a groundwater source which is underlain with collection pipes or well casement.

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H. “Continuous Transit” shall mean the nonstop movement of a mobile vehicle except for stops required by traffic laws.

I. “Council” shall mean the City Council of Hyrum, Utah.

J. “Department” shall mean the public agency, division, or department designated by the City to enforce the provisions of this ordinance. For Hyrum City, the Department includes the Mayor, City Council, Planning Commission, City Administrator, City Engineer, Zoning Administrator, Public Works Director, Public Works Department, and Bear River Health Department.

K. “Discharge” shall mean and include, but not be limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing, or dumping regulated substances to the soils, air, groundwaters, or surface waters of the City. Release does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances, provided that such use is not prohibited by federal, state, or local regulations. Release shall not include releases specifically authorized by federal or state permits.

L. “Drinking Water Source Protection Review Committee” shall be the Mayor, City Administrator, Public Works Director, City Engineer, Assistant Public Works Director, Water Dept. Superintendent, or other employees or appointed officials of the City. The purpose of the committee is to make determinations regarding delineation of protection areas and zones.

M. “Drinking Water Source Protection Zone” shall mean an area within which certain practices are mandated to protect groundwater flowing to public drinking water wells and/or springs.

N. “Drinking Water Supply Spring” shall mean a drinking water spring to supply water which has been permitted or intended for consumptive use.

O. “Drinking Water Supply Well” shall mean a drinking water spring to supply water which has been permitted or intended for consumptive use.

P. “DWSP” shall mean Drinking Water Source Protection.

Q. “EPA” shall mean the U.S. Environmental Protection Agency.

R. “Groundwater” shall mean any water which may be drawn from the ground.

S. “Groundwater Discharge Area” shall mean an area

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where the direction of groundwater movement is upward from the principal aquifer to the shallow unconfined aquifer. Discharge areas, determined by the United State Geological Survey (USGS), are shown on Exhibits A through D of this Ordinance.

T. “Groundwater Divide” shall mean a ridge in the water table or potentiometric surface from which groundwater moves away in both directions.

U. “Groundwater TOT” shall mean time of travel of groundwater.

V. “Handle” shall mean to use, generate, process, produce, package, treat, store, or transport a regulated substance in any fashion.

W. “Hazardous Waste” shall mean a hazardous waste as defined by the US EPA, the State of Utah, or Hyrum City because of its quantity, concentration or physical, chemical or infectious characteristics to:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

2. Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.

X. “Land Management Strategies” shall mean zoning and non-zoning controls, which include, but are not limited to, the following: zoning and subdivision ordinances; site plan review; design and operating standards; development rights; public education programs; groundwater monitoring; household hazardous waste collection programs; water conservation programs; memoranda of understanding; written contracts and agreements; etc.

Y. “Nonresidential Activity” shall mean all activity that is not designated as residential.

Z. “Operating Permit” shall mean a permit to operate a facility handling substances regulated by this ordinance. This permit will be issued by the City Council.

AA. “PCS” shall mean potential contaminant source.BB. “Person” shall mean an individual, firm,

partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural as well as singular.

CC. “Pesticide” means either a pesticide used for the control of insects or a herbicide used for the control of plant growth.

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DD. “Petroleum Product” shall include fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum based products.

EE. “Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, animal feeding operation with more than ten animal units, landfill, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

FF. “Pollution source” means point source discharges of contaminants to ground water or potential *discharges of liquid forms of “extremely hazardous substances” which are stored in containers in excess of “applicable threshold planning quantities” as specified in the federal Super Fund Amendment and Reauthorization Act (“SARA”), Title III, found in 40 CFR 300-302. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells (as defined in R317-7-3.5 of the Utah Administrative Code), landfills open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, industrial waste and animal feeding operations with more than ten animal units. The following definitions are part of this Ordinance and clarify the definition of pollution sources:

1. “Animal feeding operation”, for the purposes of this ordinance, means a lot or facility where the following conditions are met:a. Animals have been or will be

stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period,

b. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

c. Two or more animal feeding operations under common ownership are considered a single feeding

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operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.

2. “Animal unit” for the purposes of this ordinance (not to be confused with animal units allowed for family food production under Exhibit 17.04.390(B) of Title 17 of the Hyrum City Municipal Code) means a unit of measurement for any animal feeding operation calculated by adding the following numbers:a. The number of slaughter and feeder

cattle multiplied by 1.0,b. Plus the number of mature dairy

cattle multiplied by 1.4,c. Plus the number of swine weighing

over 55 pounds multiplied by 0.4,d. Plus the number of sheep multiplied

by 0.1,e. Plus the number of horses

multiplied by 2.0.3. “Extremely hazardous substances” means

those substances defined in Sec. 302 (EHS) column of the “Title III LIST OF LISTS – Consolidated List of Chemicals Subject to Reporting Under SARA Title III” (EPA 560/4-91-011).

GG. “Potential Contamination Source” shall mean an facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.

HH. “Protection Zone” shall mean the delineation zones of the Drinking Water Source Protection Zone, as shown on Exhibits A through D to this Ordinance.

II. “PWS” shall mean Public Water System.JJ. “Regulated Substances” shall mean substances

(including degradation and interaction products) which because of quantity, concentration, or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogen-icity, teratogenicity, bioaccumulative effect, persistence (non-degradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health or and environment (including surface and groundwater, plants, and animals).

KK. “Residential Activity” shall mean any building or structure or portion thereof that is designed for

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or used for residential purposes and any activity involving the use of occupancy of a lot for residential purposes. Residential activity shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in the Zoning Ordinance of the City.

LL. “Sanitary Landfill” shall mean a disposal site where solid wastes, including putrescible wastes, or non-hazardous wastes, are disposed on land by placing earth cover thereon.

MM. “SARA Title III” shall mean the Superfund Amendment and Reauthorization Act section found in 40 CFR 300-302, pertaining to emergency response and right-to-know.

NN. “Secondary Containment” shall mean any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double-walled tank, a double-walled integral piping system, or a single-walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.

OO. “Secondary Recharge Area” shall mean the areas shown on Exhibits A through D of this Ordinance.

PP. “Septic Holding Tank” shall mean a water-tight receptacle, used to contain septic waste, the contents of which are extilated and disposed of at a waste disposal facility.

QQ. “Septic Tank System” shall mean a generally water-tight receptacle connected to a drain field that allows liquid from the tank to enter the soil. The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

RR. “Sludge, or Biosolids” shall mean the solids separated from wastewater during the wastewater treatment process.

SS. “Solid Waste Disposal Facility” shall mean any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.

TT. “Solid Waste Transfer Facility” shall mean a site the primary purpose of which is to store or hold

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solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, and other containers from which such wastes are transported to a landfill or other solid waste management facility.

UU. “Spring” shall mean the ground surface outlet of a natural underground spring, including spring collection and control boxes, valves, piping, and other attachments.

VV. “Travel Time Contour” shall mean the locus of points that form a line of any configuration in space from which groundwater particles on that line theoretically take an equal amount of time to reach a given destination, such as a well or a wellfield, or spring.

WW. “UAC” shall mean the Utah Administrative Code.XX. “USGS” shall mean the United States Geological

Survey.YY. “Well” shall mean any excavation that is drilled,

cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater.

ZZ. “Well field” shall mean an area of land which contains one or more drinking water supply wells.

13.06.105 Abrogation and greater restrictions.This Ordinance is not intended to repeal, abrogate or

impair any existing easements, covenants or deed restrictions. However, where this Ordinance and other restrictions, including land use codes or development regulations conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

13.06.106 Review of the ordinance.The Drinking Water Source Protection Review Committee

shall review the provisions of this Ordinance at least once very five (5) years, or more frequently if deemed necessary by the City Council, to determine its applicability and may recommend changes as deemed appropriate.

13.6.107 Administration.The policies and procedures for administration of any

Protection Zone established under this Ordinance, including without limitation those applicable to nonconforming uses, exceptions, enforcement, and penalties, shall be the same as provided in any existing zoning ordinance in the City, as the same is presently enacted or may from time to time be amended.

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13.6.200 Drinking water source protection zone map.The extent of the recharge areas and the protection

zones may be seen on the “Drinking Water Source Protection Zone Map”, Exhibits A through D. The “Drinking Water Source Protection Zone Map”, Exhibits A through D, is incorporated herein as a part of this Ordinance, copies of which shall be on file with the City for public review. Any amendments, additions, or deletions to this map and exhibits shall be made by the City council following a public hearing and review by the Drinking Water Source Protection Review Committee. Notice of the hearing shall be published twice in a newspaper of general circulation with the last publication being at least fifteen (15) days prior to the hearing.

13.06.201 Designation of recharge areas and protection zones.

The following protection zones are hereby designated by the City:

A. Primary Recharge, as determined by the City (see Exhibits A through D).

B. Secondary Recharge, as determined by the City (see Exhibits A through D).

C. Protection Zone 1 shall be the area within a 100-foot radius from the well or spring or outside margins of the collection area.

D. Protection Zone 2 shall be area within a 250-day groundwater TOT to the margins of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source (well or spring), or the groundwater divide, whichever is closer.

E. Protection Zone 3 shall be the area within a 3-year TOT to the margins of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

F. Protection Zone 4 shall be the area within a 15-year TOT to the margins of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

In determining the location of properties and facilities within the areas and zones depicted on the Drinking Water Source Protection Map, Exhibits A through D, the following rules shall apply:

A. Property located wholly or partially in a recharge area or a protection zone on the map shall be governed by the restrictions applicable to that recharge area or protection zone.B. Properties located within more than one

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recharge area or protection zone as shown on the map shall be governed by the restrictions applicable to the most restrictive protection zone.

13.06.202 Review of recharge area protection zone map.The "Drinking Water Source Protection Zone Map",

Exhibits A through D, shall be reviewed at least once every 5 years, or more frequently if determined appropriate by the City. Failure to conduct this review shall not affect the validity of the existing approved map. The basis for updating the map may include, but is not limited to, the following:

A. Changes in technical or scientific knowledge in the areas of geohydrology, hydraulics, and geology.

B. Changes in wellfield configuration.C. Changes in pumping rates for the wellfield.D. Development of new wells, wellfields, and/or

springs.E. Changes in water quality.

13.06.203 Permitted uses, conditional uses, and prohibitions within recharge areas and protection zones.

Zoning and land use restrictions within recharge areas and protection zones inside City limits are governed by Title 17 of the Hyrum City Municipal Code. Those provisions are incorporated herein by this reference.

13.06.301 Toxic, hazardous, and other materials handling regulations.

The general classes of substances to be regulated under this Ordinance shall be those set forth in the Generic Regulated Substances List which is presented as Exhibit H of this Ordinance. The Regulated Substances shall include those set forth in the most current lists, as amended from time to time, entitled Identification and Listing of Hazardous Materials (40 CFR Part 26 1, Subpart D) and List of Extremely Hazardous Substances (40 CFR Part 355, Appendix E and F) and which are in a form that they are, all or in part, capable of entering the groundwater.

The use and storage of regulated substances in designated protection zones and recharge areas shall be allowed, provided that the quantities of these substances do not exceed the "Reportable Quantity" for each Regulated Substance, as designated in 40 CFR 302 (pursuant to Section 31 1 of the Clean Water Act). An applicant may be exempted from the provisions of this Section provided that he or she demonstrates to the Department and to the Utah Division of Drinking Water Quality that the regulated substances pose no hazard to groundwater.

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13.06.302 Storage containers.All regulated substances shall be stored in suitable

containers to reduce the chance for the substances to be accidentally introduced into the environment. These storage containers shall be product-tight and, except where provided elsewhere in the Ordinance, shall be provided with a means to control spillage (primary containment) and to contain or drain off spillage and fire-protection water discharged in the storage area (secondary containment).

Storage containers which are stored outside must be covered or mounted to prevent the accumulation of rain or other water on the top of the container, or the degradation of the top, sides or bottom of the container, in a manner that would lead to the reduction of the integrity of the container. Defective storage containers shall be removed from service for repair or disposal in accordance with local, state, and federal standards.

13.06.303 Secondary containment.Where secondary containment is required, it shall be

constructed of a material of sufficient structural integrity and composition to contain the required capacity of liquids and not be structurally weakened as a result of contact with the discharge of the regulated substance to be contained. The material shall be free of cracks, joints, gaps, or other imperfections which would allow leakage through the containment material.

The secondary containment system shall have sufficient capacity to contain:

A. 10 percent of the volume of all containers and 100 percent of the volume of the largest single container, whichever is greater; plus

B. The design flow rate of the automatic fire extinguishing system (for 20 minutes) for the area or room in which the storage is located.

If the storage area and/or containment area are open to rainfall, the secondary containment system must also accommodate the volume of a 24-hour rainfall as determined by a 25-year storm frequency. Liquid that accumulates in the secondary containment system shall be removed in as timely a manner as necessary to prevent overflow of the system. Nonhazardous liquids may be drained in accordance with applicable local regulations. If the collected material is a hazardous waste under Title 40 Part 261 of the Code of Federal Regulations, it must be managed as a hazardous waste in accordance with all applicable requirements of Parts 262 through 266 of that regulation.

Vacuum suction devices, absorbent scavenger materials or other devices approved by the Department, shall be present on-site or available to facilitate the removal or

13.06-12

further containment of spilled regulated substances. Devices or materials shall be available in sufficient magnitude so as to at least control and collect the total quantity of regulated substances that the containment system is designed to contain. Emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances plus absorbent material.

13.06.304 Regulated substances emergency management plan.An emergency plan shall be prepared and filed with the

Department, the Fire Department, the Police Department, and the PWS indicating the procedures that will be followed in the event of the release of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from discharging into any storm or sanitary drains or the ground. Facilities which have had, or appear to have had, unauthorized discharges to soil or groundwater shall be required by the Department to submit a Regulated Substances Management Plan for the facility. The written Plan will be used to demonstrate to the Department that the facility owner or operator understands the procedures and has the proper equipment to handle regulated substances within the guidelines of this Ordinance. The Plan should not be implemented without the approval of the Department.

13.06.305 Reporting of spills.Any spill of a regulated substance in excess of the

nonaggregate quantity thresholds established by the List of Hazardous Waste (40 CFR Part 261), Subpart D), 40 CFR Appendix VIII-Hazardous Constituents and EPA Designation Reportable Quantities and Notification Requirements for Hazardous Substances under CERCLA (40CFR302, effective July 3, 1986), shall be reported by telephone to the City and designated water utility within one hour of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report shall be submitted to the City within 15 days of discovery of the spill.

13.06.306 Best management practices.Under the provisions of this Ordinance, all potential

contamination sources within the City's boundaries, shall incorporate and utilize Best Management Practices (BMPS) in their operations. BMPs that reduce the potential for spills and leaks at a site to occur and enter groundwater shall be construed within the context of this Ordinance to include, but not be limited to, structural and nonstructural practices, conservation practices, and operation and maintenance procedures as specified by the Utah Department of Drinking Water Quality and the U.S. Environmental Protection Agency.

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13.06.307 Underground storage tanks.Installation of any new underground storage tanks used

to store regulated substances for either residential or nonresidential activities in recharge areas and protection zones designated under Sections 4.2 and 5 of this Ordinance, shall require a secondary containment system for the tank and associated underground piping, and an automatic leak detection system.

A permit from "Division of Environmental Remediation and Response" shall be required for the removal or closure of underground storage tanks. The permit shall require that leaking tanks be pumped dry and removed from the ground by a state-licensed company. If removal of the underground storage tank is not feasible, the lines shall be disconnected and capped and the tank shall be filled with an inert substance such as washed sand. Best Management Practices implementation is required for all underground storage tanks.

13.06.308 Septic tank systems.No person shall place, maintain, or operate onsite

sewage disposal from a septic tank within Zone 1, Zone 2, or within 300 feet of any public street in which a public sewer is laid. Septic systems in Zones 3 and 4 shall comply with the Utah State Department of Health Care of Waste Disposal Regulations, Part IV and Part V. Non residential activities shall connect to an approved gravity sanitary sewer system.

13.06.309 Sewage collection, transmission and disposal.No person shall discharge treated or untreated sewage

in any area not specifically designated for that purpose by the Department. The owner or operators of any wastewater treatment plant, sanitary sewer, force main, gravity sewer, or lateral shall notify the Department within 24 hours of discovering a break that may or does result in the leakage of sewage. Emergency telephone numbers will be prominently displayed on all sewage lift stations within Zones 1, 2, 3, and 4, and the primary recharging area.

All leaking sewage collection and transmission pipes shall be repaired or replaced. New sewage collection and transmission pipes shall be installed according to acceptable construction standards and shall have routine inspections during and after construction.

No person shall place, maintain, or operate a wastewater treatment plant within Zones I or 2.

13.06.310 General stormwater management.All future stormwater management systems to be

constructed and implemented for facilities within the protection zones and recharge areas shall be permitted in

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accordance with applicable local, state, and federal laws and regulations.

The discharge of stormwater into drainage wells or open sinkholes shall be prohibited without some form of treatment. This treatment shall be applied to at least the first 0.5-inch of runoff from the area tributary to the well or open sinkhole.

The Clean Water and Stormwater Regulations require municipalities and industries to identify, monitor, and limit urban runoff that may enter rivers, thus potentially affecting groundwater quality.

13.06.311 Deicing salt storage and application.De-icing salt shall be stored on an impermeable pad and

shall be covered. Deicing salt application shall use Best Management Practices and shall evaluate substitute products and technologies.

13.06.312 Landfills.Expansion or creation of new landfills is prohibited in

Zone I and Zone 2. Existing landfills in Protection Zone I shall be required to comply with the provisions of UAC R315-301-1 through 301-5. Landfills shall develop and implement a landfill monitoring program. The monitoring shall include the vadose zone and groundwater. If the monitoring detects contamination, the following corrective measures may be required:

A. Cover the landfill with suitable low-permeability materials and minimize the application of supplemental water to reduce infiltration of moisture.

B. Install groundwater containment and treatment actions, additional monitoring, and erosion controls as required.

13.06.313 Environmental quality monitoring.Facilities which have had, or ~appearto have had,

unauthorized releases to soil or groundwater shall be required by the Department to monitor soil and groundwater in and adjacent to the facility. At the request of the Department, the facility will submit a monitoring plan for Department review. The plan shall be implemented with the approval of the Department. Facilities that undergo closure may be required to monitor Code or soil and groundwater in and adjacent to the facility subject to closure. All costs associated with the closing and monitoring of the site will be paid for by the operator of the facility.

13.06.400 Exclusions and exemptions.The exclusions and exemptions provided in this Section

shall not pertain to Zones I and II within one hundred feet

13.06-15

(100') from the well field in the recharge areas.

13.06.401 Exclusions.The following substances are not subject to the

provisions of this Ordinance provided that these substances are handled, stored, and disposed of in a manner that does not result in an unauthorized release or cause contamination of the groundwater.

A. Required substances stored at residences that do not exceed 10 pounds or 5 gallons and used for personal, family, or household purposes.

B. Commercial products limited to use at the site solely for office or janitorial purposes when stored in total quantities of less than 20 pounds, or 10 gallons.

C. Prepackaged consumer products available through retail sale to individuals for personal, family, or household use, that are properly stored.

D. Water-based latex paint.E. Fertilizers and treated seed (except as noted in

the Ordinance).F. Pesticide products and materials intended for use

in weed abatement, pest control, erosion control, soil amendment or similar applications when applied in accordance with manufacturer's instructions, label directions, and nationally recognized standards.

G. Compressed gasesH. Substances or mixtures which may pose a hazard but

are labeled pursuant to the Federal Food, Drug, and Cosmetic Act.

13.06.402 Continuous transit.The transportation of any Regulated Substance(s) through any protection zone or recharge area shall be allowed provided that the transporting vehicle is in continuous transit.

13.06.403 Vehicular and lawn maintenance fuel and lubricant. The use of any petroleum product solely as an

operational fuel in the vehicle or lawn maintenance fuel tank or as a lubricant in such a vehicle shall be exempt from the provisions of the Ordinance. These spent products shall be properly disposed of in compliance with applicable federal, state, and local regulations.

13.06.500 Inspections.The Department shall be granted the right, under this

Ordinance, to enforce the provisions of this Ordinance for the City of Layton. An authorized officer of the City of Layton or the PWS has the right to conduct inspections of facilities to determine compliance with the Ordinance. The

13.06-16

authorized officer or the PWS shall inform the Department and other City entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the City of Layton shall enforce the provisions of this ordinance without regard to whether the wells within the City of Layton boundaries are owned by the City of Layton. Noncompliance with the provisions of the Ordinance is a violation. If the facility is not complying with the requirements of the Ordinance, penalties (e.g., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. The Ordinance regulates businesses within the Protection Zones and Primary and Secondary Recharge Areas within the City.

13.06.501 Notice of violations.Whenever it is determined that there is a violation of this Ordinance or the regulations promulgated pursuant hereto, the Notice of Violation shall:

A. Be in writing;B. Be dated and signed by the authorized City agent

that made the inspection or determined the violation;

C. Specify the violation or violations;D. Provide a specific date that the violations will be

corrected by;E. State that if the violation is not corrected by a

specific date a hearing may be requested before the Department.

If a Potential Contaminant Source (PCS) is out of compliance with the provisions of the Ordinance, but does not pose an immediate threat to public health, then a written warning of violation may be issued within 30 days. The Person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the Department if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the Department has the authority to file a request for the Department to initiate proceedings for issuance of penalties and other relief as necessary.

Any PCS or person found in violation of any provisions of the Ordinance will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance. Violations of the provisions of the Ordinance constitute a misdemeanor,

13.06-17

punishable as provided by law. In the event of a spill, leak or discharge of a regulated substance, the Department if he/she deems the activity to pose a real and present danger of contaminating surface or groundwater which would normally enter the public water supply, the Department has the authority under this Ordinance to cause cessation of said activity or use of regulated substance, require administrative controls to mitigate said danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of the Ordinance, if use of regulated substances in a Protection Zone exceeds 20 gallons or 160 pounds at any time. The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

13.06.502 Appeals.Persons cited under the enforcement provisions of

Sections 13.06.500 13.06.501 shall be afforded a process for appealing the ruling of the Department. If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the ~PCS can submit to the Department a written statement demonstrating compliance or explaining a process for coming into compliance. This written response if required no later than 30 days from the date of issuance of the warning.

If the appeal pertains to a cease and desist order issued by the Department, the PCS can submit a written appeal response no later than 10 days from the date of issuance of the order. The written appeal shall contain:

A. Documentation of compliance, orB. Response to specific violations cited in the cease

and desist order and the remedial actions planned to bring the facility into compliance, and

C. Schedule for compliance

Upon receipt of the written appeal, the Department shall be required to review the appeal within 10 days of its receipt and respond to the PCS. If the Department determines that the written response from the PCS is adequate and noncompliance issues are addressed, the PCS will be notified by mail and no further action is required. If the Department determines that the appeals response is inadequate, the PCS may request a hearing before the Department. This hearing shall be held within 30 days of receiving the cease and desist order and shall remain in effect until the hearing is conducted.

13.06.503 Disputes.Disputes arising from the delineation of ~DWSP Zones

shall be directed to the Drinking Water Source Protection

13.06-18

Review Committee to review specific detailed delineation maps showing the boundaries. The boundaries have been defined, for ease of implementation of the Ordinance, according to major City streets.

13.06.504 Liability.Any person subject to regulation under this Ordinance

shall be liable with respect to regulated substances emanating on or from the Person's property for all cost of removal or remedial action incurred by the City or the PWS and for damages for injury to, destruction of, or less of natural resources, including the reasonable cost of assessing such injury, destruction, or loss from the release or threatened release of a regulated substance as defined by this Ordinance. Such removal or remedial action by the City or the PWS may include, but is not limited to, the prevention of further contamination of groundwater, monitoring, containment, and cleanup or disposal of regulated substances resulting from spilling, leaking, pumping, pouring, emitting, or dumping of any regulated substance or material which creates an emergency hazardous, or is expected to create, an emergency hazardous situation.

EXHIBITS A -DDrinking Water Protection Plan

EXHIBIT E

Generic Regulated Substance List

Acid and basic cleaning solutionsAntifreeze and coolantsAnimal dipsArsenic and arsenic compoundsBattery acidsBleaches and peroxideBrake and transmission fluidBrine solutionCasting and foundry chemicalsCaulking agents and sealantsCleaning solventsCorrosion and rust preventativesCutting fluidsDegreasing solventsDisinfectantsDyesElectroplating solutionsEngraving and etching solutions

13.06-19

ExplosivesFertilizersFire extinguishing chemicalsFood processing wastersFormaldehydeFuels and additivesGlues, adhesives and resinsGreasesHydraulic fluidIndicatorsIndustrial and commercial janitorial suppliesIndustrial sludges and stillbottomsInks, printing, and photocopying chemicalsLaboratory chemicalsLiquid storage batteriesMedical, pharmaceutical, dental, veterinary, and hospital solutionsMercury and mercury compoundsMetal finishing solutionsOilsPaints, primers, thinners, dyes, stains, woodpreservatives, varnishing and cleaningcompoundPainting solventsPesticides and herbicidesPhoto development chemicalsPlastic resins, plasticizers and catalystsPoisonsPolishesPolychlorinated biphenyls (PCBS)Pool chemicalsProcessed dust and particulatesRadioactive sourcesReagents and standardsRefrigerantsRoofing chemicals and sealersSanitizers, disinfectants, bactericides, andalgaecidesSoaps, detergents and surfactantsSolders and fluxesStripping compoundsTanning industry chemicalsTransformer and capacitor oils and fluidsWastewaterWater and wastewater treatment chemicals

13.06-20

Chapter 13.08

CONTROL OF BACKFLOW AND CROSS-CONNECTIONS

Sections:13.08.010 Purpose. 13.08.020 Responsibility for protection of water

system-Authority.13.08.030 Definitions. 13.08.040 Water system-Components. 13.08.050 Utility system-Components. 13.08.060 Customer's system-Components. 13.08.070 Water service connection-Protection of water

supply re quired. 13.08.080 Customer's system-Inspection-Response to

violation.13.08.090 Backflow prevention device - Conditions

requiring installation on service lines.13.08.100 Backflow prevention device-Type required. 13.08.110 Backflow prevention devices-Standards and

specifications.13.08.120 Backflow prevention devices – Inspection -

Operational tests.13.08.130 Presently installed backflow prevention

devices-Exclusion from requirements.

13.08.010 Purpose.The purpose of this chapter is:A. To protect the public potable water supply of

Hyrum City from the possibility of contamination of pollution by isolating within its customers' internal distribution system(s) or its customer's private water system such contaminants or pollut-ants which could backflow or back-siphon into the public water supply system; and

B. To promote the elimination or control of existing cross-connections, actual or potential, between its customers' in-plant potable water system(s) and nonpotable water systems, plumbing fixtures and industrial piping systems; and

C. 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. (Ord. 82-08 § 1 (part): prior code § 14-110A (A))

13.08.020 Responsibility for protection of water system-Authority.

13.08-1

A. The superintendent of the water department, hereinafter referred to as “superintendent,” shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the superintendent, an approved backflow prevention device is required, at the city's water service connection to any customer's premises, for the safety of the water system, the superintendent or his designated agent shall give notice in writing to the customer to install such an approved backflow prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install the device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been properly installed.

B. The superintendent of the Hyrum City water department is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this chapter. (Ord. 82.08 § 1 (part): § 14-110 A (B), 14-111A (A))

13.08.030 Definitions.As used herein:“Air-gap” 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 flood-level rim of the vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and, in no case less than one inch. When an air-gap is used at the service connection to prevent the contamination or pollution of the public potable water system, an emergency by-pass shall be installed around the air-gap system and an approved reduced pressure principle device shall be installed in the by-pass system.

“Approved” means accepted by the superintendent as meeting an acceptable specification stated or cited in this chapter, or as suitable for the proposed use.

13.08-2

“Auxiliary water supply” means any water supply on or available to the premises other than Hyrum City's approved public potable water supply. These auxiliary waters may include water from another municipality's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which Hyrum City does not have sanitary control.

“Backflow” means the flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable water supply from any source or sources other than its intended source.

“Backflow preventer” means a device or means designed to prevent backflow-siphonage.

“Backsiphonage” means the flow of water or other liquids, mixtures or substances into the distrib-uting pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.

“Contamination” means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials, to a degree which creates an actual hazard to the public health through poisoning or thorough the spread of disease.

“Controlled cross-connection” means a connection between a potable water system and a non-potable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.

“Cross-connection” means any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow or backsiphonage may occur into the potable water system. A water service connection between a pub-lic potable water distribution system and a customer's water distribution system which is cross-connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary water system, constitutes one type of cross-connection. Other types of cross-connections include connections

13.08-3

such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices, sliding multiport tube, solid connections, etc.

“Cross-connection control by containment” means:A. The installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; orB. The installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of cross-connection.

“Degree of hazard” is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

“Double check valve assembly” means an assembly of two independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and city approved testing agency for backflow prevention devices. To be approved these devices must be readily accessible for in-line maintenance and testing.

“Health hazard” means any condition, device or practice in the water supply system and its operation which could create, or in the judgment of the super-intendent may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross-connections, in a water supply system.

“Industrial fluids 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 an approved water supply. This may include, but not be limited to:A. Polluted or contaminated waters;

B. All types of process waters and used

13.08-4

waters originating from the public potable water system which may have deteriorated in sanitary quality;

C. Chemicals in fluid form;D. Plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances;E. Contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.;F. Oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes for firefighting purposes.

“Nonpotable water” means water which is not safe for human consumption or which is of questionable potability.

“Plumbing hazard” means a plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing-type cross-connec-tions are considered to be a health hazard.

“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 or quality 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.

“Pollutional hazard” means 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 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.

“Potable waters” means any water which, according to recognized standards is safe for human con-sumption.

“Reduced pressure principle device” means an assembly of two independently operating approved check valves with an automatically operating differ-ential relief valve between the two check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks

13.08-5

for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the zone be-tween the two check valves at a level less than the pressure on the public water supply side of the device. At cessation of normal flow the pres-sure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be sub-merged.

“System hazard” means 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.

“Used water” means any water supplied by Hyrum City from a public potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of Hyrum City.

“Water service connections” means the terminal end of a service connection from the public potable water system (i.e., where Hyrum City loses jurisdiction and sanitary control over the water at its point of delivery to the consumer's water system). If a meter is installed at the end of the service connection, then the “service connection" means the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at a point of delivery to the customer's water system. Service connection also includes water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. (Ord. 82-08 § 1 (part): prior code § 14-111A (B)C(Q))

13.08-6

13.08.040 Water system-Components.The water system shall be considered as made up of two

parts:The utility system; and The consumer system. (Ord. 82-

08 1 (part): prior code § 14-112A (A) (1))

13.08.050 Utility system-Components.Utility system shall consist of the source facilities

and the distribution system; and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer's system begins.

A. The source includes all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system.

B. The distribution system includes the network of conduits used for the delivery of water from the source of the customer's system. (Ord. 82-08 § 1 (part): prior code § 14-112A (A) (2), (3), (4))

13.08.060 Customer's system-Components.The customer's system includes those parts of the

facilities beyond the termination of the utility distri-bution system which are utilized in conveying utility-delivered domestic water to points of use. (Ord. 82-08 § 1 (part): prior code § 14-112A (A) (5))

13.08.070 Water service connection-Protection of water supply required.

No water service connection to any premises shall be installed or maintained by Hyrum City unless the water supply is protected as required by state laws and regulations and this chapter. Service of water to any premises shall be discontinued by Hyrum City if a blackflow prevention device required by this chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (1))

13.08.080 Customer's system-Inspection-Response to violation.

The customer's system should be open for inspection at all reasonable times to authorized representatives of the water department to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the superintendent shall deny or immediately

13.08-7

discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state and city statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (2))

13.08.090 Backflow prevention device-Conditions requiring installation on service lines.

An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:

A. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the superintendent, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.

B. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality.

C. In the case of premises having (1) internal cross-connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (3))

13.08.100 Backflow prevention device-Type required.The type of protective device required under Section

13.08.090 shall depend upon the degree of hazard which exists as follows:

13.08-8

A. In the case of any premises where there is an auxiliary water supply as stated in Section 13.08.090(A) and it is not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow pre-vention device.

B. In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.

C. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

D. In the case of any premises where there are uncontrolled cross-connections, either actual or potential, the public water system shall be pro-tected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection.

E. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow or backsiphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (4))

13.08.110 Backflow prevention devices-Standards and specifications.

A. Any backflow prevention device required herein shall be of a model and size approved by the superintendent. The term “approved backflow pre-vention device" means a device that has been manufactured in full conformance with the stan-

13.08-9

dards established by the American Water Works Association entitled AAWWA C506-78, Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices; or the IAPMO; or the current Utah Plumbing Code, and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by Specifications of Backflow Prevention DevicesC#69-2, dated March 1969, or the most current issue.

B. The AWWA and FCCC&HR standards and specifications have been adopted by the superintendent. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with the AWWA standards and FCCC&HR specifications.

C. The following testing laboratory has been qualified by the superintendent to test and certify backflow preventers:

Foundation for Cross-Connection Control & Hydraulic ResearchUniversity of Southern CaliforniaUniversity ParkLos Angeles, California 90007

D. Testing laboratories other than the laboratory listed in subsection C of this section will be added to an approved list as they are qualified by the superintendent.

E. Backflow preventers which may be subjected to back pressure or backsiphonage that have been fully tested and have been granted a certificate of approval by the qualified laboratory and are listed on the laboratory's current list of ap-proved devices may be used without further test or qualification. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (5))

13.08.120 Backflow prevention devices-Inspection-Operational tests.

It shall be the duty of the customer-user at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the superintendent deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the device manufacturer's representative or by a certified tester approved by the superintendent. It shall be the duty of the superintendent to see that these timely tests are made. It

13.08-10

is unlawful for any Hyrum City employee to make such tests. The customer-user shall notify the superintendent in advance when the tests are to be undertaken so that he or his representative may witness the tests if so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever the devices are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available on request to the superintendent and to the State Environmental Health Department. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (6))

13.08.130 Presently installed backflow prevention devices-Exclusion from requirements.

All presently installed backflow prevention devices which do not meet the requirements of this chapter, but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Section 13.08.120, be excluded from the requirements of these rules so long as the superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the superintendent finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this chapter. (Ord. 82-08 § 1 (part): prior code § 14-112A (B) (7))

13.08-11

Chapter 13.12

SEWER SYSTEM

Sections:13.12.010 Service-Application by individ uals. 13.12.020 Service-Application by tenants. 13.12.030 Method of fixing rates and fees. 13.12.040 Rules pertaining to billing, col lection of

charges, management and control.13.12.050 Authority to fix special rates and

conditions.13.12.060 Complaints-Board of equaliza tion to hear. 13.12.070 Billing-Content-Frequency. 13.12.080 Delinquent payments-Notice of intent to

discontinue service.13.12.090 Notice of intent to discontinue service-Form. 13.12.100 Notice of intent to discontinue service-

Appeal.13.12.110 Restoration of service after being

discontinued-Prerequisites.13.12.120 Delinquent payments-Interest. 13.12.130 Service restoration fee. 13.12.140 Use required. 13.12.150 Connections-Authority to make. 13.12.160 Laying, repairing, altering or connecting

drains or pipes-Permit-Required.13.12.170 Connections-Plumbing stan dards. 13.12.180 Connections and installations-Permit-

Issuance- Revocation.13.12.190 Maintenance of apparatus. 13.12.200 Service and other pipes-Material, quality and

specifica tions-Alteration or extension. 13.12.210 Inspection-Access authority. 13.12.220 Connection-Basements-Trial sewer survey. 13.12.230 Discharge of inflammables. 13.12.240 Discharge from waste pipes-Use of settling

tanks.13.12.250 Discharge of obstructive material. 13.12.260 Discharge of drainage waters and destructive

materials-Use of settling tanks.13.12.265 Unlawful discharges to the public sanitary

sewer.13.12.270 Authority to adopt regulations. 13.12.280 Ownership of connecting lines. 13.12.290 Opening of manholes. 13.12.300 Tampering with prohibited. 13.12.310 Extension of collection lines within city

limits.13.12.320 Extension of collection lines by subdivider.

13.12-1

13.12.330 Extension of collection lines outside city limits.

13.12.335 Extensions of sewerage system mains outside city limits.

13.12.380 Extension of connection lines-Specifications. 13.12.390 Extension of connection lines-Maintenance

operation and ownership.13.12.400 Service charges-Purpose. 13.12.410 Determining total annual cost of operation

and maintenance.13.12.420 Determining surcharge system for users with

BOD and TSS.13.12.430 Determining user's wastewater service charge. 13.12.440 Review of user's wastewater service charge. 13.12.460 User classes, flow limits and charges. 13.12.470 Payment of monthly service charges.

13.12.010 Service-Application by individuals.Any person who desires or is required to secure sewer

service when such service is available from the municipal sewer systems shall apply therefor to the recorder/clerk and file an agreement with the municipality which shall be in substantially the form set out in Exhibit 13.12.010. (Prior code § 14-214)

Exhibit 13.12.010

APPLICATION FOR SEWER SERVICE, Date_________________

TO THE MUNICIPALITY OF Hyrum City.

The undersigned hereby applies for sewer services from the municipality for the premises located at _____________________________and hereby agrees to pay charges for such sewer services as shall be fixed by the governing body of the municipality by resolution or ordi-nance until such time as I shall direct such service to be discontinued.

In the event of a failure to pay for this service within the due dates fixed by the governing body or of a failure of the occupant of the premises to conform to the ordinances and regulations established by the governing body relating to the use of the sewer system, the municipality shall have the right to discontinue my water service from the municipal water system until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to the sewer ordinances or regulations issued thereunder is eliminated.

Additionally, I agree that the municipality shall have the right to institute collection proceedings by all means

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available to it, including suit in a court of proper jurisdiction. The applicant agrees to pay all costs of collection including court costs and attorney's fees.

The undersigned agrees to be bound by the rules, regulations, resolutions or ordinances enacted or adopted by the governing body of the municipality applicable to the municipality's sewer system.13.12.020 Service-Application by tenants.

Applications for sewer services made by the tenant of an owner must in addition to the requirement set out in Section 13.12.010 be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent to the following effect:

In consideration of the acceptance of the application for sewer service submitted by (any present or future ten-ant)_______________________, I, or we, will pay all sewer services furnished to such tenant, or other occupant of (premises) ________________________ in case such tenant or occupant shall fail to pay for the same according to the ordinances, resolutions, rules or regulations of the mu-nicipality.

________________________________ (Owner)

(Prior code § 14-215)

13.12.030 Method of fixing rates and fees.The rates, penalty fee for delinquency in payment and

connection fees for sewer services from the municipal sewer system shall be fixed from time to time by resolution or ordinance of the governing body. (Prior code § 14-216 (part))

13.12.040 Rules pertaining to billing, collection of charges, management and control.

The governing body may from time to time enact rules for levying, billing, guaranteeing and collecting charges for sewer services and all other rules necessary for the management and control of the sewer system. (Prior code § 14-216 (part))

13.12.050 Authority to fix special rates and conditions.The governing body may from time to time fix by

agreement or resolution special rates and conditions upon such terms as they may deem proper for users of the sewer service discharging wastes of unusual characteristics or making use thereof under exceptional circumstances. (Prior code § 14-217)

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13.12.060 Complaints-Board of equalization to hear.The governing body is constituted a board of

equalization of sewer rates to hear complaints and make corrections of any assessments or charges deemed to be illegal, unequal or unjust. (Prior code § 14-218)

13.12.070 Billing-Content-Frequency.The city shall furnish to each user or mail or leave at

his place of residence or usual place of business, a written or printed statement stating the sewer service charges assessed against him once each month or at such other regular intervals as the governing body shall direct. The statement shall specify the amount of the bill, the billing date, the place of payment and the date due. (Ord. 93-02 § 1 (part): prior code § 14-219 (A))

13.12.080 Delinquent payments-Notice of intent to discontinue service.

If any person, firm or corporation fails to pay within fifteen days of due date, which due date is specified to be fifteen days from the billing date as indicated on the billing form, the charges due for municipal sewer service received by the person, firm or corporation as indicated on the statement furnished by the city, the city shall give the person, firm or corporation notice in writing of intent to discontinue or interrupt water service to the premises of the person, firm or corporation unless the amount due is paid in full within fifteen days from the date of notice. (Ord. 93-02 § 1 (part): prior code § 14-219 (B))

13.12.090 Notice of intent to discontinue service-Form.Written notice of intent to discontinue or interrupt

water service to the premises of a person, firm or corporation shall be known as “Final Notice” and shall be in substantially the same form as set forth in Section 13.04.160. (Ord. 93-02 § 1 (part): prior code § 14-219 (G))

13.12.100 Notice of intent to discontinue service-Appeal.Any person, firm or corporation receiving a written

notice of intent to discontinue or interrupt water service shall have the opportunity within ten days from the date of notice to interrupt water service to request a hearing before the city council concerning the same, which hearing shall be held at the next regularly scheduled meeting of the city council or as soon thereafter as is reasonable. In the event a hearing is so requested, all further action by the city shall be stayed until such hearing is duly held and appropriate action pursuant thereto, authorized and directed by the city council. (Ord. 93-02 § 1 (part): prior code § 14-219 (C))

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13.12.110 Restoration of service after being discontinued- Prerequisites.

If water service is thereafter discontinued for failure to make payment of sewer service charges due, then before the water service to the premises shall again be provided, all delinquent sewer charges must have been paid to the city or arrangements made for their payment in a manner satisfactory to the municipality. Furthermore, in addition to such payments and penalties, the delinquent customer may be required to make and file a new application and deposit if the previous deposit has been theretofore applied to the payment of delinquent bills. The treasurer or other city personnel are authorized and empowered to enforce the payment of all delinquent sewer charges by an action at law in the name of the municipality. (Ord. 93-02 § 1 (part): prior code § 14-219 (D))

13.12.120 Delinquent payments-Interest.Any customer account becoming delinquent, which

delinquency is defined as being thirty-one or more days from the billing date as indicated on the billing form, shall be subject to an interest penalty of one and one-half percent per month (eighteen percent annual percentage rate) on the unpaid or delinquent arrears balance for sewer service, which shall begin to accrue on the thirty-first day after the billing date. (Ord. § 93-02 § 1 (part): prior code § 14-219 (E))

13.12.130 Service restoration fee.Any water service disconnected or interrupted as a

result of nonpayment of sewer service charges shall be subject to a service restoration fee in an amount set by resolution of the City Council, if the service is restored during regular business hours of eight a.m. to five p.m., Monday through Friday. If the service is restored at hours other than regular business hours as defined herein, including Saturday, Sunday or any holiday, the service restoration fee shall be an amount set by resolution of the City Council. The fee shall be paid prior to reconnection or restoration of that service. Service restoration may be set from time to time by resolution of the city council. (Ord. 93-02; Ord. 08-06 § 1 (part): prior code § 14-219 (F))

13.12.140 Use required.It is unlawful for the owner or any other person

occupying or having charge of any premises within the municipality which are located within three hundred feet of a sewer main to dispose of sewage therefrom by any means other than by use of the municipal sewer system. It is unlawful to construct or to continue the use of any other sewage disposal system such as a privy, vault, cesspool or

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septic tank on the property except by written approval of the governing body in case of undue hardship. (Prior code § 14-220)

13.12.150 Connections-Authority to make.It is unlawful for any person to connect any drain or

sewer pipe with the municipal sewer system unless the person is a duly licensed plumber or unless, in the absence of a duly licensed plumber, any proposed connection to, alteration of, or change of connection to the sewer system shall be first submitted to the sewer superintendent for review and approval. After such approval, the installation or work done shall be subject to inspection by the superintendent or his agent. (Prior code § 14-221)

13.12.160 Laying, repairing, altering or connecting drains or pipes-Permit-Required.

It is unlawful for any person to directly or indirectly engage in laying, repairing, altering or connecting of any drain or sewer pipe connected with or part of the municipal sewer system without first having received a permit from the office of the recorder/clerk or the sewer superintendent. (Prior code § 14-222)

13.12.170 Connections-Plumbing standards.Permits to connect to the municipal sewer system shall

not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of the building and plumbing codes of the municipality. (Prior code § 14-223)

13.12.180 Connections and installations-Permit-Issuance-Revocation.

All construction permits for sewer connections or installations shall be issued to the plumber who is to do the work or to the owner of the property, subject to the supervision and inspection by the superintendent or his agents. The recorder/clerk or superintendent may at any time revoke a permit because of defective work or because of undue delay in completing the permitted work. (Prior code § 14-224)

13.12.190 Maintenance of apparatus.All users of the sewer services shall keep their

service pipes, connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the sewer superintendent, shall be allowed to dig into the street for the purpose of removing or repairing any sewer pipe or main. (Prior code § 14-225)

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13.12.200 Service and other pipes-Material, quality and specifications-Alteration or extension.

All service and other pipes used in conjunction with the sewer services of the municipality shall be of such material, quality and specifications as the governing board may from time to time by resolution provide and shall be installed at such distance below ground as may be specified by regulations relating to the sewer department. All work, alterations or extensions affecting sewer pipes shall be subject to acceptance of the sewer superintendent, and no connections with sewer mains shall be made without first obtaining a permit therefor from the recorder/clerk. (Prior code § 14-226)

13.12.210 Inspection-Access authority.The sewer superintendent and his agents shall at all

ordinary hours have free access to places supplied with sewer services from the municipal system for the purpose of examining the apparatus, ascertaining the sewer service being used and the manner of its use. (Prior code § 14-227)

13.12.220 Connection-Basements-Trial sewer survey.In order to determine the feasibility of connecting a

basement or proposed basement to the sanitary sewer, the owner or plumber may make application for a trial sewer survey, the cost of which shall be as established from time to time by resolution of the governing body. The result of a trial sewer survey shall not constitute a permit to connect to the sewer and is merely for information purposes. (Prior code § 14-228)

13.12.230 Discharge of inflammables.It is unlawful for any person to injure, break or

remove any part or portion of the sewer appliance or appurtenance, or to discharge into the sewer any inflammable gas, gasoline or oil, any calcium carbide or residue therefrom, or any liquid or other materials or substance which will emit an inflammable gas when in contact with water, sewage or fire. Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with a sewer. (Prior code § 14-231 (A))

13.12.240 Discharge from wastepipes-Use of settling tanks.The contents of waste pipes from water filters, gas

engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses containing inflammable substances, car barns, buildings for the stabling or keeping of horses, cows and other animals, or plants using milk or processing milk products, and all similar establishments shall not be disposed of through connection with a sanitary

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sewer unless such contents are discharged into settling tanks properly trapped and vented. The construction of such tanks must be approved by the municipal engineer, and must be subject to his inspection, approval or condemnation before cement is poured and at all times thereafter until completion of such construction. Upon condemnation by the municipal engineer, the sewage from the tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the municipal engineer. (Prior code § 14-231 (B))

13.12.250 Discharge of obstructive material.It is unlawful for any person to empty or discharge

into the public sanitary sewer any garbage, refuse or other similar matter or substance likely to obstruct the sewer, or any substance, solid or liquid other than the waste products for which the sewer is provided. (Prior code § 14-231 (C))

13.12.260 Discharge of drainage waters and destructive materials-Use of settling tanks.

It is unlawful for any person to connect with a public sanitary sewer any drain or pipe which discharges rain water, cellar or surface water, acids, alkalies, lye or other injurious liquids, or the contents of any spring, flowing well, creek, ditch or other watercourse. No boiler or heating plant shall be directly connected to the sanitary sewer. The overflow from boilers or heating plants, when cooled to a temperature not to exceed one hundred twenty degrees fahrenheit, will be allowed to run to a sump, which sump shall be connected to the sewer. The discharge of the contents of waste pipes from water filters, gas engines, air compressors, vacuum and dry cleaners, garages, wash racks, stores or warehouses which contain inflammable substances, buildings for the stabling or keeping of horses, cows and other animals, and all similar establishments, shall not be made into or connected with a sanitary sewer, unless such contents are discharged into settling tanks properly trapped and vented. Settling tanks shall be constructed of a material approved by the superintendent and shall be at all times subject to his inspection and approval or condemnation. Upon condemnation by the superintendent, the sewage from the tanks shall not be allowed to flow into sewer until satisfactory alterations have been made and the construction approved by the superintendent. (Prior code § 14-231 (D))

13.12.265 Unlawful discharges to the public sanitary sewer.Any person determined by the City to have unlawfully

discharged to the sanitary sewer shall be fully liable to the City for all damage caused to the wastewater system by that connection and for all direct and indirect costs and

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expenses associated with the remedy of the problem or the enforcement of this section, including attorney fees and associated costs and expenses. (Ord. 04-01)

13.12.270 Authority to adopt regulations.The governing body shall have power to and retains the

right to adopt regulations controlling the manner and circumstances under which the sewer system may be used in addition to the regulatory provisions set forth expressly in this chapter. (Prior code § 14-232)

13.12.280 Ownership of connecting lines.Unless provision is expressly made for ownership of

sewer mains by means of a written agreement, all sewer mains shall be deemed to be the property of the municipality and subject to its absolute control and supervision even though actual installation may have been performed by a subdivider or other property owner. Maintenance of all connecting lines or laterals running from the main line to the point of connection at the facility served by such connecting line or lateral is the responsibility of the property owner.(Ord. 99-14, Prior code § 14-233)

13.12.290 Opening of manholes.It shall be unlawful for any person to open any sewer

manhole without permission from the superintendent. (Prior code § 14-234)

13.12.300 Tampering with prohibited.It is unlawful for any person to destroy, deface,

injure or interfere with the operation of any part or appurtenance of the sewer system. (Prior code § 14-235)

13.12.310 Extension of collection lines within city limits.A. Any person (excluding any subdivider or person

who, at the time of extension, has subdivided, or will subdivide the property served by the requested extension into a platted subdivision) who desires to have the sewerage system collection lines extended within city limits shall submit an application in writing to the city containing:1. A description of the proposed extension, and2. A map showing the location thereof. (Ord.

00-12)B. The city shall consider all such applications for

extensions of collection lines in the order of receipt but may exercise sole discretion as to priority and order of installation regardless of application order after evaluation of the quality, quantity, and nature of the wastewater planned for discharge into the system. (Ord. 00-12)

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C. Should the city approve an application for a collection line extension, the applicant shall deposit with the city an amount equal to the estimated cost of design and bidding of the extension (if bidding is required udner city purchasing policies). Once the bid cost is known, the applicant shall deposit with the city an amount equal to the bid (or estimate if the project doesn’t requre bidding), plus ten percent contingency (any unused portion of which will be refunded to the applicant upon completion of the project), plus the estimated cost of inspection and project management (any unused portion of which will also be refunded to the applicant upon completion of the project) before the city shall proceed to install the extension, either of its own accord or under contract oet to a qualified contractor. All persons connecting to said sewerage system main extension, including the petitioner, shall be required to remit all applicable connection and impact fees in effect at the time of connection. The city reserves the right to delay connections to the collection line extension until after completion of such capital facilities plans and impact fee studies as may be required by law in order to determine and adopt appropriate connection and impact fees and determine adequate line sizes to serve potential growth. The city reserves the right to determine line size and to require any or all extensions to be sized for future growth. Under these circumstances, the city may elect to pay all or a portion of the added cost to install the larger line. (Ord. 00-12)

D. The city engineer shall be responsible for design of the sewerage system main extension and preparation of plans and specifications for the project. The applicant shall be responsible for securing and recording any required rights-of-way or easements for said extension. (Ord. 00-12)

E. The city reserves the exclusive right to approve or disapprove any and all requests or petitions for collection line extensions based upon all criteria determinate applicable by the city, including but not limited to, the quality, quantity, and nature of the wastewater planned for discharge into the system, available capacities on existing distribution lines from which the extension will be served or until completion of any engineering studies to determine line size and connection fees and impact fee studies to

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establish impact fees. (Ord. 00-12)F. Any person desiring extension of the sewerage

system mains whose petition meets the requirements of 13.12.310 (A) shall submit payment in full of the estimated costs, fees, and charges for such extension as determined by the city engineer, which shall include, but not be limited to engineering costs, legal fees, materials, labor, construction contracts, plus administrative and supervisory expenditures of the sewer department. Any expenses that exceed the estimated total shall be paid by the petitioner upon completion of the project but before sewer service will be provided. Such extensions shall be property of the city and will not be subject to cost recovery measures for any portion thereof by the petitioner, and any connections to the extension will be subject to the applicable connection and impact fees. (Ord. 00-12; Ord. 98-21; Ord. 96-02: Ord. 92-12 § 1: Ord. 89-02 § 2 (part): prior code § 14-241)

13.12.320 Extension of collection lines by subdivider.Any subdivider or other person who owns property that

has been or will be divided as a platted subdivision who requests extension of the sewerage system mains to serve said subdivision must pursue the extension under the regulations and conditions of the municipal subdivision ordinance. (Ord. 98-21)

13.12.330 Extension of collection lines outside city limits.No further extensions of collection line mains

presently located outside city limits will be approved with the following exceptions: (Ord. 92-12 § 3: Ord. 89-02 § 2 (part): prior code § 14-243)

A. The city reserves the right to further extend collection line mains located outside city limits to serve users within newly annexed territory or other users located inside city limits. (Ord. 98-21)

B. The city reserves the right to extend collection lines and provide connections for government entities, including federal and state government or branches thereof such as counties, school districts, etc. Said government agencies shall not be restricted as to use or application of such connections. (Ord. 00-15)

13.12.335 Extensions of sewerage system mains outside city limits.

No further connections to municipal sewerage system mains presently located outside city limits, nor extension

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of collection lines to serve property outside city limits, will be approved with the exceptions described in Section 13.12.330. All persons and other potential users, excepting those connected to the systems as of the date of this enactment, who request service from existing sewerage system mains located inside and outside city limits must annex prior to receiving service from the municipal sewerage system. (Ord. 00-15; Ord. 98-21)

13.12.380 Extension of connection lines-Specifications.Unless otherwise specified by the city engineer, all

extensions shall be of eight-inch concrete pipe, laid according to specifications, which include the number of manholes, tees, etc., determined by the city engineer. Nothing in this section shall be interpreted to preclude the city's right to designate smaller or larger diameter pipe, as circumstances warrant, or alternative materials, such as PVC. The city also reserves the right to require any or all extensions to be sized for future growth. Under these circumstances, the city may elect to pay all or a portion of the added cost to install the larger line. (Ord, 00-12; Ord. 98-21; Ord. 96-02; Ord. 92-12 § 8: prior code § 14-248)

13.12.390 Extension of connection lines-Maintenance operation and ownership.

Unless otherwise provided in the petition for extension or in the subsequent approval of the city engineer, the city will own, operate and maintain all extensions made under this chapter. (Ord. 96-02: Ord. 92-12 § 9: prior code § 14-249)

13.12.400 Service charges-Purpose.The purpose of the resolution codified in Sections

13.12.400 through 13.12.480 shall be to generate sufficient revenue to pay all costs for capital improvements and the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the wastewater system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS, and Phosphorus), volume and delivery flow rate characteristics shall be considered and proportional distribution of capital improvement and maintenance costs to each user (or user class). The cost for treating infiltration and inflow (I/I) must be born by all users. (Ord. 04-01, Res. 148 § 1, 1979)

13.12.410 Determining total annual cost of operation and maintenance.

The city, or its engineer, will determine the average suspended solids (SS), biochemical oxygen demand (BOD), and

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phosphorous (P), daily loadings for the average residential user. The city, or its city engineer, will assess a surcharge rate for all nonresidential users discharging wastes with BOD, SS, and P, strengths greater than the average residential user. Such users will be assessed a surcharge, sufficient to cover the costs of treating such users above normal strength wastes. Normal strength wastes are considered to be two hundred ppm BOD, two hundred ppm TSS, and four ppm P. (Ord. 04-01, Res. 148 § 2, 1979)

13.12.420 Determining surcharge system for users with BOD and TSS.

Residential users may be considered to be one class of user and an equitable service charge may be determined for each such user based upon estimate of the total wastewater contribution of this class of user. The governing body may classify industrial and commercial establishments as a residential user; provided, that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, suspended solids, five-day twenty-degree centigrade biochemical oxygen demand, and phosphorus. Each user’s wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule. (Ord. 04-01, Res. 148 § 3, 1979)

13.12.430 Determining user's wastewater service charge.The city shall review the total annual cost of capital

improvements and operation and maintenance as well as each user’s wastewater contribution percentage on an annual basis to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works and to meet all debt service obligations associated with capital improvements to the treatment works. If a significant user, such as an industry, has completed in-plant modifications which would change that user’s wastewater contribution percentage, the user can present at a regularly scheduled meeting of the governing body such factual information and the city shall then determine if the user’s wastewater contribution percentage is to be changed. The city shall notify the user of its findings as soon as possible. (Ord. 04-10, Res. 148 § 4, 1979)

13.12.440 Review of user's wastewater service charge. The city shall review the total annual cost of

operation and maintenance as well as each user's wastewater contribution percentage on an annual basis to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If a significant user, such as an industry, has completed in-

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plant modifications which would change that user's wastewater contribution percentage, the user can present at a regularly schedule meeting of the governing body such factual information and the city shall then determine if the user's wastewater contribution percentage is to be changed. The city shall notify the user of its findings as soon as possible. (Res. 148 § 5, 1979)

13.12.460 User classes, flow limits and charges.A. The city establishes in Exhibit 13.12.460(A) user

classes, and flow limits. Fees for the use of or the right to use the City’s wastewater system will be set by resolution of the City Council:

B. It should be noted that because of the great expense and difficulty in determining the wastewater flow from each establishment, the classes set forth in subsection A of this section are established for the most part based on water consumption. If an individual industry or other commercial user can show that significant amounts of its water consumption do not enter the city's sewer system, it may be entitled to classification in a lower class. An application for reclas-sification should be made as set forth in Section 13.12.440. (Ord. 08-06; Res. 148 § 7, 1979)

13.12.470 Payment of monthly service charges.Monthly service charges shall be due on the first day

of the month following the date sewer service was available to a given patron and on the first day of each month thereafter and shall be delinquent if not paid on or before the fifteenth day of the month due. Such service charges not paid on or before the first day of the month due shall be subject to a service charge on the amount remaining unpaid from the fifteenth day of the month due at a rate set by

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USER CLASSES, FLOW LIMITS AND CHARGES

Class Flow Limits (gallons per month)

1 (residential) up to 16,0002 (commercial) 16,001 to 70,0003 (commercial) 70,001 to 140,0004 (commercial) 140,001 to 280,0005 (commercial) 280,001 to 420,0006 (commercial) 420.001 to 560,0007 (commercial) 560,001 to 700,0008 (commercial) 700,001 to 840,000

resolution of the City Council. (Ord. 08-06; Res. 148 § 8, 1979)

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Chapter 13.13

WASTEWATER TREATMENT

Sections: 13.13.010 Purpose and Policy. 13.13.020 Administration. 13.13.030 Definitions.

13.13.040 Abbreviations. 13.13.050 Prohibited Discharge Standards. 13.13.060 Categorical Pretreatment Standards.

13.13.070 State Pretreatment Requirements. 13.13.080 Hyrum City’s Right of Revision.

13.13.090 Special Agreement. 13.13.100 Dilution. 13.13.110 Pretreatment Operations. 13.13.120 Slug Load Control Plans. 13.13.130 Tenant Responsibility. 13.13.140 Hauled Wastewater. 13.13.150 Vandalism. 13.13.160 Industrial Waste Survey. 13.13.170 Application Questionnaire Contents. 13.13.180 Certification. 13.13.190 Superintendent Evaluation. 13.13.200 Wastewater Discharge Permit Requirement. 13.13.210 Connections. 13.13.220 Contents. 13.13.230 Modification. 13.13.240 Duration. 13.13.250 Wastewater Discharge Permit Appeals. 13.13.260 Revocation. 13.13.270 Baseline Monitoring Reports. 13.13.280 Compliance Schedule Progress Report. 13.13.290 Categorical Pretreatment Standard

Compliance Report. 13.13.300 Periodic Compliance Report. 13.13.310 Changed Conditions Report. 13.13.320 Slug Discharge Report. 13.13.330 Non-permitted Industrial Users Reports. 13.13.340 Repeat Sampling Report. 13.13.350 Hazardous Waste Discharge Notification. 13.13.360 Timing. 13.13.370 Record Keeping. 13.13.380 Inspection. 13.13.390 Monitoring. 13.13.400 Obstructions and Delays. 13.13.410 Confidential Information. 13.13.420 Requirement to Publish. 13.13.430 Significant Noncompliance. 13.13.440 Notification of Violation. 13.13.450 Consent Orders.

13.13-1

13.13.460 Show Cause Hearing. 13.13.470 Compliance Orders. 13.13.480 Cease and Desist Orders. 13.13.490 Administrative Fines. 13.13.500 Emergency Suspensions. 13.13.510 Termination of Discharge. 13.13.520 Injunctive Relief. 13.13.530 Civil Fine Pass Through Recovery. 13.13.540 Referral to State of Utah for Action. 13.13.550 Nonexclusive Remedies. 13.13.560 Upset. 13.13.570 General/Specific Prohibitions. 13.13.580 Bypass. 13.13.590 User fees.

13.13.600 Pretreatment Fees.

13.13.010 Purpose and Policy. This ordinance sets forth uniform requirements for

users of the Publicly Owned Treatment Works (POTW) for Hyrum City and enables Hyrum City to comply with all applicable State and Federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.), the General Pretreatment Regulations found in the U.S. Code of Federal Regulations (CFR) 40 CFR Part 403, and the Utah Administrative Code R317-8-8. The objectives of this ordinance are:

A. To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

B. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations found in 40 CFR Part 503;

D. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

E. To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;

F. To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and

G. To enable (the Governing Agency) to comply with its Utah Pollution Discharge Elimination System Permit (UPDES) conditions, sludge use and disposal permit conditions and any other Federal or State laws to which the POTW is subject.

13.13-2

This ordinance shall apply to all users of the POTW. This ordinance authorizes issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

13.13.020 Administration.Except as otherwise provided herein, the Superintendent

shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other personnel.

13.13.030 Definitions.Unless a provision explicitly states otherwise, the

following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.

A. Act. The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

B. Approval Authority. The Executive Secretary of the Water Quality Board as the authorized agent for the State of Utah, which has an approved State Pretreatment Program, or his designee.

C. Authorized Representative of the Industrial User or Authorized Representative.1. If the Industrial User is a corporation,

Authorized Representative shall mean:a. The president, secretary, treasurer, or

a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;

b. The manager of one or more manufacturing, production, or operation facilities employing more that 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

2. If the Industrial User is a partnership, or sole proprietorship, an Authorized Representative shall mean a general partner or proprietor, respectively;

13.13-3

3. If the Industrial User is a Federal, State or local governmental facility, an Authorized Representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee;

4. The individuals described in paragraphs 1-3 above may designate another authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to Hyrum City.

D. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° centigrade expressed in terms of mass and concentration milligrams per liter (mg/l). This test must be performed in accordance with approved procedures found in 40 CFR Part 136.

E. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

F. Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.

G. Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, to minimize the effect or the variability of the individual samples. This sampling should be in accordance with 40 CFR Part 403 Appendix E Subpart I - Composite Method.

H. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.

I. Existing Source. Any source of discharge, the

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construction or operation of which commenced prior to the publication of proposed categorical Pretreatment Standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

J. Governing Agency. Hyrum City Corporation.K. Grab Sample. A sample which is taken from a waste

stream on a one-time basis, over 15 minutes or less, without regard to the flow in the waste stream and without consideration of time. This sampling should be in accordance with 40 CFR Part 403 Appendix E Subpart II - Grab Method.

L. Indirect Discharge (Discharge). The introduction of pollutants into the POTW from any non-domestic source regulated by the UPDES program and/or the U.S. Water Quality Act 307 B, C, and D.

M. Industrial User (User). A source of Indirect Discharge.

N. Instantaneous Maximum Allowable Discharge Limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected.

O. Interference. A Discharge which, alone or in conjunction with a Discharge or Discharges from other sources both: 1) inhibits or disrupts the POTW and 2) causes a violation of Hyrum City's UPDES permit or prevents sewage sludge use or disposal in compliance with any of the following statutory/state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); 40 CFR Part 503 governing the use and disposal of sewage sludge; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

P. Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

Q. New Source.1. Any

building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c)

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of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a. The building, structure, facility or installation is constructed at a site at which no other source is located; or

b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an Existing Source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

2.

Construction on a site at which an Existing Source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

3.

Construction of a new source as defined has commenced if the owner or operator has begun, or caused to begin as part of a continuous on site construction program

a. Any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly,

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or installation of new source facilities or equipment; or

c. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

R. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

S. Pass Through. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the UPDES permit (including an increase in the magnitude or duration of a violation).

T. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State or local governmental entities.

U. pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.

V. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand, toxicity, odor].

W. Pretreatment. The reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration of the nature of Pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, or any other means, except as prohibited by 40 CFR

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403.6(d).X. Pretreatment Requirements: Any substantive or

procedural requirement related to Pretreatment imposed on an Industrial User, other than a National Pretreatment Standard.

Y. Pretreatment Standards or Standards. Pretreatment Standards shall mean Categorical Pretreatment Standards, State Pretreatment requirements, and Local Limits established by Hyrum City.

Z. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances or wastewater characteristics; these prohibitions appear in Section 2.1 of this ordinance.

AA. Publicly Owned Treatment Works (POTW). A treatment works which is owned by the State, a municipality, or other political subdivision of the State. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of municipal/domestic sewage or industrial wastes of a liquid nature discharged into the stated system. Also included are any conveyances, such as pipelines, conduits or channels which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the Indirect Dischargers to such a system and the discharges from the treatment works.

BB. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

CC. Sewage. Human excrement and gray water (household showers, dish washing operations, etc.)

DD. Significant Industrial User. Shall apply to: a) Industrial Users subject to Categorical Pretreatment Standards; and b) any other Industrial User that i) discharges an average of 25,000 gpd or more of process wastewater(excludes sanitary, noncontact cooling and boiler blowdown wastewater, ii) contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment Plant or, iii) is designated as significant by the Hyrum City on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement.

EE. Slug Load/Discharge. Any discharge at a flow rate or concentration which could cause a violation of the Prohibited Discharge Standards in Section 2 of

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this ordinance or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge.

FF. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.

GG. Storm Water. Any flow which occurs during, or following any form of natural precipitation, and results from such an event, including snow melt.

HH. Superintendent. The person designated by Hyrum City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance or his duly authorized representative.

II. Total Suspended Solids (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

JJ. Toxic Pollutant. One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. 1317) of the Act.

KK. Treatment plant effluent. Any discharge from the POTW into waters of the State of Utah.

LL. Wastewater. Liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

MM. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW designed to provide treatment including recycling and reclamation of sewage and industrial waste.

Shall is mandatory; may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

13.13.040 Abbreviations.The following abbreviations shall have the designated

meanings. Some of the abbreviations are included in the definition section but are repeated here for the sake of clarity.

• BOD - Biochemical Oxygen Demand

• CFR - Code of Federal Regulations

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• COD - Chemical Oxygen Demand

• EPA - U.S. Environmental Protection Agency

• gpd - Gallons Per Day• L - Liter• mg - Milligrams• mg/l - Milligrams Per Liter• NPDES - National Pollutant

DischargeElimination System or the Utah Pollutant Discharge Elimination System

• O&M - Operation and Maintenance

• POTW - Publicly Owned Treatment Works

• RCRA - Resource Conservation and Recovery Act

• SIC - Standard Industrial Classification

• SWDA - Solid Waste Disposal Act (42 U.S.C.

6901, et seq.)• TSS - Total Suspended

Solids• USC - United States Code

13.13.050 Prohibited Discharge Standards. No industrial user shall introduce or cause to be

introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not the source is subject to categorical Pretreatment Standards or any other National, State or local Pretreatment Standards or requirement. Furthermore, no user may contribute the following substances to the POTW:

A. Pollutants which create a fire or explosive hazard in the POTW system, including, but not limited to waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21.

B. Any pollutants which will cause, but in no case discharges with a pH of less than 5.0 or more than 10.5, corrosive structural damage to the POTW or equipment, or endangering Governing Agency personnel unless the POTW is specifically designed to accommodate such discharges.

C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW

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resulting in interference, but in no case solids greater than 2 inches] in any dimension.

D. Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

E. Any wastewater having a temperature greater than 104°F, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case heat in such quantity that it causes the temperature at the treatment plant to exceed 104°F.

F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

G. Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute or chronic worker health and safety problems.

H. Any trucked or hauled pollutants, except at discharge points designated by Hyrum City in accordance with Section 13.13.150.

I. Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or to prevent entry into the sewers for maintenance and repair.

J. Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating Hyrum City's UPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life.

K. Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable State or Federal regulations.

L. Storm water, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the Superintendent.

M. Any sludges, screening, or other residues from the pretreatment of industrial wastes.

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N. Any medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit.

O. Any wastewater causing the treatment plant effluent to fail a toxicity test.

P. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW.

Q. Any discharge of fats, oils, or greases of animal or vegetable origin is limited to 100 mg/l.

Pollutants prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW. If the industrial user storing the specified pollutant does not have a pretreatment facility, the floor drain shall be either plugged with concrete or valved. The valve shall be locked closed at all times and opened only with permission from Hyrum City.

13.13.060 Categorical Pretreatment Standards.The national categorical Pretreatment Standards found

at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.

13.13.070 State Pretreatment Requirements.State of Utah Pretreatment Standards contained in the

Utah Administrative Code R317-8-8 are hereby incorporated.

13.13.080 Hyrum City's Right of Revision.Hyrum City reserves the right to establish, by

ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 1.1 or this ordinance or the general and specific prohibitions in Section 2.1 of this ordinance.

13.13.090 Special Agreement.Hyrum City reserves the right to enter into special

agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a Pretreatment Standard or requirement. However, the industrial user may request a net gross adjustment of a categorical standard in accordance with 40 CFR 403.15. They may also request, from EPA, a variance from the categorical Pretreatment Standard. Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA

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when establishing that particular Pretreatment Standard. An industrial user requesting a variance must comply with the procedural and substantive provisions in 40 CFR 403.13.

13.13.100 Dilution.No industrial user shall increase the use of process

water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or requirement. the Superintendent may impose mass limitations on industrial users which are using dilution to meet applicable Pretreatment Standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

13.13.110 Pretreatment Operations.A. Industrial users shall provide wastewater

treatment as needed to comply with this ordinance, and shall achieve compliance with all the prohibitions stated in Section 2 within the time limitations specified by the EPA, the State, or according to compliance schedules as specified by the Superintendent -- whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to Hyrum City for review, and shall be acceptable to Hyrum City before construction of the facility. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to Hyrum City under the provisions of this ordinance.

B. The Superintendent may require industrial users to restrict their discharge during peak flow periods, designate certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate municipal waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and secure the industrial user's compliance with the requirements of this ordinance.

C. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that

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such interceptors shall not be required for residential users. All interceptor units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected and cleaned, regularly, as needed, by the owner at his expense.

D. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

13.13.120 Slug Load Control Plans.

The Superintendent may require any industrial user to develop and implement a slug control plan. At least once every two years the Superintendent shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement a slug control plan shall submit a plan which addresses, at a minimum, the following:

A.

Description of discharge practices, including nonroutine batch discharges.

B. Type and quantity of stored chemicals.C. Procedures for immediately notifying the POTW of

any accidental or slug discharge. Such notification must also be given for any discharge which could violate any of the Prohibited Discharge Standards in Section 2 of this ordinance.

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to,

- Inspection and maintenance of storage areas,

- Handling and transfer of materials, loading and unloading operations,

- Control of plant site run-off, - Worker training, - Building of containment structures or

equipment, - Measures for containing toxic organic

pollutants (including solvents), and/or - Measures and equipment for emergency

response.

13.13.130 Tenant Responsibility.Where an owner of property leases premises to any other

person as a tenant under any rental or lease agreement, if

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either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this ordinance.

13.13.140 Hauled Wastewater.A. Septic tank waste may be accepted into the POTW at

a designated receiving structure within the treatment plant area, and at such times as are established by the Superintendent, provided such wastes do not violate Sections 13.13.050 through 13.13.100 of this ordinance or any other requirements established or adopted by Hyrum City. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by the Superintendent.

B. The discharge of hauled industrial wastes as "industrial septage" requires prior approval and a hauler wastewater discharge permit from Hyrum City. The Superintendent shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation or violate Sections 13.13.050 through 13.13.100 of this ordinance. Waste haulers are subject to all other sections of this ordinance.

C. Fees for dumping septage will be established as part of the industrial user fee system as authorized in Section 13.13.600.

13.13.150 Vandalism.No person shall maliciously, willfully or negligently

break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Sections 13.13.440 through 13.13.550, below.

13.13.160 Industrial Waste Survey.When requested by the Superintendent any or all

industrial users must submit information on the nature and characteristics of their wastewater by completing a questionnaire and a baseline monitoring report prior to commencing discharge. The Superintendent is authorized to prepare a form(s) (see Tab 3A) for this purpose and may periodically require industrial users to update the survey or baseline monitoring report. Failure to complete this application questionnaire shall be reasonable grounds for IU permit revocation or terminating service to the industrial user and shall be considered a violation of the ordinance.

13.13.170 Application Questionnaire Contents.The Superintendent shall approve a form to be used as a

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permit application. In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the following information:

A. Identifying Information: The name and address of the facility including the name of the operator and owners.

B. Hours of Operation: Number and type of employees, hours of operation, either proposed or actual hours.

C. Permits: A list of any environmental control permits held by or for the facility.

D. Description of Operations: A description of the activities, facilities and processes on the premises, average rate of production, and standard industrial Classifications of the operation(s) carried out by the industrial user. This description should include a schematic process diagram which indicates all points of discharge to the POTW from the regulated processes.

E. Facility Plans: The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

F. Raw Materials: Type and amount of raw materials processes (average and maximum per day) and chemicals used or stored at the facility.

G. Products: Each product produced by type, amount, process or processes, and rate of production.

H. Pretreatment Standards: Identify the categorical Pretreatment Standards applicable to each regulated process.

I. Pollutants: Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by Hyrum City) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be sampled and analyzed in accordance with procedures set out in Sections 13.13.270 through 13.13.370.

J. Flow Measurement: Time, duration and quantity of discharge. In addition, measured average daily and maximum daily flow, in gallons per day, to the POTW from each waste stream, as necessary to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

K. Certification: A statement reviewed by the

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industrial user's authorized representative and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis in accordance with Section 13.13.180 below. If not, state whether additional O & M and/or additional pretreatment is required to meet the Pretreatment Standards and requirements.

L. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.

M. Additional Information: Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and shall be returned to the industrial user for revision. Should any of the information requested or supplied be considered by the industrial user to be of a confidential nature, the industrial user should request confidential status in accordance with Section 13.13.410 of this Ordinance.

13.13.180 Certification.All wastewater discharge permit applications and permit

required industrial user reports shall contain the following certification statement and be signed by an authorized representative of the industrial user.

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or people who manage the system, or those people directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

13.13.190 Superintendent Evaluation.The Superintendent will evaluate the data furnished by

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the industrial user and may require additional information. Within Thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. The Superintendent may deny for cause any application for a wastewater discharge permit. The basis for denial shall be provided to the industrial user.

13.13.200 Wastewater Discharge Permit Requirement. A. It shall be unlawful for any significant

industrial user to discharge wastewater into Hyrum City's POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 13.13.440 through 13.13.550. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or requirements nor with any other requirements of Federal, State or local laws.

B. Within either 180 days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical Pretreatment Standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to obtain a wastewater discharge permit.

C. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical or significant industrial users subsequent to the issuance of this Ordinance, shall be required to submit to Hyrum City an application for a wastewater discharge permit. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable Pretreatment Standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

D. The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance.

13.13.210

Connections.

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A. Existing: Any significant industrial user which has an indirect discharge into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to Hyrum City for a wastewater discharge permit in accordance with Sections 13.13.170 and 13.13.180, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this ordinance, except in accordance with a wastewater discharge permit issued by the Superintendent.

B. New: Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin. Hyrum City has the right to place conditions on new or increased contributions from existing users.

C. Extrajurisdictional:1. Any

existing significant industrial user located outside Hyrum City boundaries shall submit a wastewater discharge permit application, in accordance with Sections 13.13.170 and 13.13.180, within ninety (90) days of the effective date of this ordinance. New significant industrial users located beyond Hyrum City limits shall submit such applications to the Superintendent ninety (90) days prior to any proposed discharge into the POTW.

2.

Alternately, the Superintendent may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said industrial user.

13.13.220 Contents.Wastewater discharge permits shall include such

conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and

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safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW.

A. Wastewater discharge permits shall contain the following conditions:

1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed 5 years.

2. A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from Hyrum City, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

3.Effluent

limits, applicable to the user, based on applicable Federal, State, and local law.

4. Self monitoring, sampling, reporting criteria, notification of potential problems and noncompliance, and record keeping and retention requirements. These requirements shall include an identification of pollutants to be monitored, exact sampling location, sampling frequency, resampling conditions and sample type based on Federal, State, and local laws.

5.Statement

of applicable civil, criminal, and administrative penalties for violation of Pretreatment Standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

6. A statement that the wastewater discharge permit may be revoked upon violation of the terms and conditions of the permit as stated in section 5.7.

7. A statement that grants the Superintendent the right of entry into all industrial user properties, facilities, buildings, etc. when wastewater is known or expected to be generated and/or discharged.

8. A statement that compliance with the wastewater

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discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the wastewater discharge permit.

B. Wastewater discharge permits may contain, but need not be limited to, the following:

1.Limits on

the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

2.Limits on

the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

3. A compliance schedule for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

4.

Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

5.

Development and implementation of waste minimization or pollution prevention plans to reduce the amount of pollutants discharged to the POTW.6. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.7.

Requirements for installation and maintenance of inspection and sampling facilities and equipment.8. Other conditions as deemed appropriate by the

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Superintendent to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.

13.13.230

Modification.The Superintendent may modify the wastewater discharge

permit for good cause including, but not limited to, the following:

A. To incorporate any new or revised Federal, State, or local Pretreatment Standards or requirement.

B. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance.

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

D. Information indicating that the permitted discharge poses a threat to Hyrum City's POTW, Hyrum City personnel, or the receiving waters.

E. Violation of any terms or conditions of the wastewater discharge permit.

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

G. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13.

H. To correct typographical or other errors in the wastewater discharge permit.

I. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.

13.13.240 Duration.A. Expiration: Wastewater discharge permits shall be

issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B. Reissuance: A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Section 4 a

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minimum of ninety (90) days prior to the expiration of the industrial user's existing wastewater discharge permit.

C. Transfer: Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which:

1.States

that the new owner and/or operator has no immediate intent to change facility's operations and processes.

2.Identifies

the specific date on which the transfer is to occur.

3.

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.

13.13.250 Wastewater Discharge Permit Appeals.Any person, including the industrial user, may petition

Hyrum City to reconsider the terms of a wastewater discharge permit within thirty (30) days of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

D. If Hyrum City fails to act within ninety (90) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of

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judicial review.E. Aggrieved parties seeking judicial review of the

final administrative wastewater discharge permit decision must do so by filing a complaint with the County Court for the local jurisdiction.

13.13.260

Revocation.Wastewater discharge permits may be revoked for the

following reasons:A. Failure to notify Hyrum City of significant

changes to the wastewater prior to the changed discharge.

B. Failure to provide prior notification to Hyrum City of changed condition pursuant to Section 13.13.310.

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

D. Falsifying self-monitoring reports.E. Tampering with monitoring equipment.F. Refusing to allow Hyrum City timely access to the

facility premises and records.G. Failure to meet effluent limitations.H. Failure to pay fines.I. Failure to pay sewer charges.J. Failure to meet compliance schedules.K. Failure to complete a wastewater survey or the

wastewater discharge permit application.L. Failure to provide advance notice of the transfer

of a permitted facility.M. Violation of any Pretreatment Standard or

requirement, or any terms of the wastewater discharge permit or the ordinance.

Wastewater discharge permits shall be voidable upon non-operation of permitted facility, cessation of operations, or transfer of business ownership.

13.13.270 Baseline Monitoring Reports (BMR).A. The Superintendent may require the submission of

additional, more current BMRs from time to time from an industrial user. Revised BMRs should use historical data where the data provides information sufficient to determine the need for additional industrial pretreatment measures.

B. The BMR shall indicate the time, date, and location of all sampling provided, methods of analysis, and shall certify that the sampling and analysis is representative of the normal work

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cycles and expected pollutant discharges to the POTW.

C. All baseline monitoring reports must be signed and certified in accordance with Section 13.13.180 of this Ordinance.

13.13.280 Compliance Schedule Progress Report.

The following conditions shall apply to the compliance schedule required by the Wastewater Discharge Permit Application Section 13.13.170(L). The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable Pretreatment Standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine (9) months. The industrial user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule, and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Superintendent.

13.13.290 Categorical Pretreatment Standard Compliance Report.

Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any categorical industrial user subject to such Pretreatment Standards and requirements shall submit to Hyrum City a report containing flow measurement, sampling, and analysis of pollutants regulated in the industrial users wastewater discharge permit. For categorical industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the categorical industrial user's long term production rate. For all other industrial users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified

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in accordance with Section 13.13.180.

13.13.300 Periodic Compliance Report.A. Any significant industrial user subject to a

Pretreatment Standard shall, at a frequency determined by the Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such Pretreatment Standards, the measured or estimated average, and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified accordance with Section 13.13.180.

B. All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. Failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are not representative of its discharge.

C. If an industrial user, subject to the reporting requirement in and of this Section, monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Section 7.2 of this ordinance, the monitoring results shall be included in the report.

13.13.310 Changed Conditions Report. Each industrial user is required to notify the

Superintendent of any planned changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

A. The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Sections 13.13.160 through 13.13.190.

B. The Superintendent may issue a wastewater discharge permit under Section 13.13.190 or modify an existing wastewater discharge permit under Section 13.13.240.

C. No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has approved the industrial user's change.

D. For purposes of this requirement, flow increases

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of ten percent (10%) or greater, and the discharge of any previously unreported pollutants, shall require a changed condition report.

13.13.320 Slug Discharge Report. A. In the case of any discharge including, but not

limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 13.13.050 of this ordinance), it is the responsibility of the industrial user to immediately telephone and notify the Superintendent, or his designee of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

B. Within five (5) days following such discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user or any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this ordinance.

C. Failure to notify Hyrum City of potential problem discharges shall be deemed a separate violation of this ordinance.

D. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.

13.13.330 Nonpermitted Industrial Users Reports.All industrial users not subject to categorical

Pretreatment Standards, not classified as SIU, and not required to obtain a wastewater discharge permit shall provide appropriate reports to Hyrum City as the Superintendent may require.

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13.13.340 Repeat Sampling Report.If sampling performed by an industrial user indicates a

violation, the industrial user must notify the Control Authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis within 30 days after becoming aware of the violation and submit the results of the repeat analysis to the Control Authority. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.

13.13.350 Hazardous Waste Discharge Notification. A. Any industrial user who commences the discharge of

hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the State Department of Environmental Quality, Division of Solid and Hazardous Waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 . Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, and estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than 30 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 6.5, above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Sections 13.13.270, 13.13.290, and 13.13.300, above.

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B. Dischargers are exempt from the requirements of paragraph (1) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and State Department of Environmental Quality, Division of Solid and Hazardous Waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

13.13.360 Timing.Written reports will be deemed to have been submitted

on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.

13.13.370 Record Keeping.Industrial users shall retain, and make available for

inspection and copying, all records and information required to be retained under this ordinance. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any enforcement action concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by the Superintendent.

13.13.380 Inspection. A. Right to Enter: Hyrum City shall have the right

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to enter the facilities of any industrial user at reasonable times to ascertain whether the purpose of this ordinance, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from Hyrum City, state, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

B. Search Warrants: If the Superintendent has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect as part of a routine inspection program designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by Hyrum City Attorney, the Municipal Court Judge of the City or County shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the City. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.

13.13.390 Monitoring.A. Sample Collection: Samples for oil and grease,

temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. All other wastewater samples shall be collected using flow proportional composite sampling procedures. In the event flow proportional sampling is infeasible, the Superintendent may authorize the

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use of time proportional sampling, or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Monitoring Equipment: Hyrum City, State, and EPA shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. Hyrum City may require the industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated period of time to ensure their accuracy.

C. Analytical Requirements: All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or for any of the reports required in Section 6 shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

D. Determination of Noncompliance: The Superintendent may use a grab sample(s) to determine noncompliance with Pretreatment Standards. The decision to use this method is at the discretion of the Superintendent and would not be announced in advance to the industrial user.

13.13.400 Obstructions and Delays. A. Any temporary or permanent obstruction to safe and

easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be born by the industrial user.

B. Delays in allowing Hyrum City personnel access to the industrial user's premises shall be a violation of this ordinance.

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13.13.410 Confidential Information.Information and data on an industrial user obtained

from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from Hyrum City inspection and sampling activities, shall be available to the public without restriction unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of Hyrum City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall immediately be made available, upon request, to governmental agencies for uses related to the UPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. Hyrum City will provide a secure facility to maintain documentation considered confidential.

13.13.420 Requirement to Publish. Hyrum City shall publish annually, in the largest daily

newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable Pretreatment Standards and requirements.

13.13.430 Significant Noncompliance.The term significant noncompliance shall mean:A. Chronic Violations: Chronic violations of

wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a 6-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. TRC Violations: Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH;

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C. Discharge Violations: Any other discharge violation that Hyrum City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of Hyrum City personnel or the general public);

D. Endangerment: Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in Hyrum City's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to Comply: Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to Report: Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance;H. Other Violations: Any other violation(s) which

Hyrum City determines will adversely affect the operation or implementation of the local pretreatment program.

13.13.440 Notification of Violation. Whenever the Superintendent finds that any user has

violated or is violating this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his agent may serve upon said user a written Notice of Violation. Such written notice shall be served in person or by certified mail where a receipt is obtained. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of Hyrum City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

13.13.450 Consent Orders.The Superintendent is hereby empowered to enter into

consent orders, assurances of voluntary compliance, or other

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similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the order. Consent Orders shall have the same force and effect as administrative orders issued pursuant to Sections 13.13.470 and 13.13.480 below and shall be judicially enforceable.

13.13.460 Show Cause Hearing. The Superintendent may order any user which causes or

contributes to violation(s) of this ordinance, wastewater discharge permits, or orders issued hereunder, or any other Pretreatment Standard or requirement, to appear before the Superintendent and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. Such written notice shall be served in person or by certified mail where a receipt is obtained. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven (7) days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other actions against the user.

13.13.470 Compliance Orders.When the Superintendent finds that a user has violated

or continues to violate the ordinance, wastewater discharge permits, or orders issued hereunder, or any other Pretreatment Standard or requirement, he may issue an order to the user responsible for the discharge directing that the user come into compliance within thirty (30) days. If the user does not come into compliance within thirty (30) days, sewer service may be discontinued. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Federal Pretreatment Standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.

13.13.480 Cease and Desist Orders. When the Superintendent finds that a user is violating

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this ordinance, the user's wastewater discharge permit, any order issued hereunder, or any other Pretreatment Standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements.

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

13.13.490 Administrative Fines.A. Notwithstanding any other section of this

ordinance, any user found to have violated any provision of this ordinance, its wastewater discharge permit, and orders issued hereunder, or any other Pretreatment Standard or requirement may be fined, an administrative fine not to exceed $10,000 per violation per day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. Hyrum City may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.

B. Assessments may be added to the user's next scheduled sewer service charge and the Superintendent shall have such other collection remedies as may be available for other service charges and fees.

C. Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten (10) percent of the unpaid balance and interest shall accrue thereafter at a rate of 1% per month. A lien against the individual user's property will be sought for unpaid charges, fines, and penalties.

D. Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Superintendent shall convene a hearing on the matter within fourteen (14) days of receiving the request from the industrial user. In the event

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the user's appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user.

E. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the user.

13.13.500 Emergency Suspensions.The Superintendent may immediately suspend a user's

discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of any people. The Superintendent may also suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, contamination of sludge, or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of Hyrum City that the period of endangerment has passed, unless the termination proceedings set forth in Section 10.8 are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent, prior to the date of any show cause or termination of discharge hearing under Sections 13.13.460 and 13.13.510.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

13.13.510 Termination of Discharge. In concert with the wastewater discharge permit

revocation provisions in Section 13.13.260 of this ordinance, any user that violates any of the following conditions of this ordinance, wastewater discharge permits, or orders issued hereunder, is subject to discharge

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termination. A. Violation of wastewater discharge permit

conditions.B. Failure to accurately report the wastewater

constituents and characteristics of its discharge.C. Failure to report significant changes in

operations or wastewater volume, constituents and characteristics prior to discharge.

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

E. Violation of the standards in Sections 13.13.050 through 13.13.100 of this ordinance.

The Industrial user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.13.460 of this ordinance why the proposed action should not be taken.

13.13.520 Injunctive Relief. Whenever a user has violated a Pretreatment Standard or

requirement or continues to violate the provisions of this ordinance, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may petition the County Court through Hyrum City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the industrial user. In addition, Hyrum City may recover reasonable attorney's fees, court costs, and other expenses of litigation by appropriate legal action against the user found to have violated any provision herein, or any other rules, regulations, permits, or agreements issued herein. Such other action as appropriate for legal and/or equitable relief may also be sought by Hyrum City. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

13.13.530 Civil Fine Pass Through Recovery.In the event that an industrial user discharges such

pollutants which cause Hyrum City to violate any conditions of its UPDES Permit and Hyrum City is fined by EPA or the State of Utah for such violations, then such industrial users shall be fully liable for the total amount of the fines and civil penalties assessed against Hyrum City by EPA or the State of Utah and administrative costs incurred.

13.13.540 Referral to State of Utah for Action.Hyrum City will refer to the State of Utah criminal

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violations of any Pretreatment Standards or permit conditions. The Attorney General's office for Utah will offer the city wherein the violation occurred the option to prosecute the violator. Should the local entity decline, the State, at its discretion, may initiate appropriate criminal action. Hyrum City will assist the Attorney General's office any way it can with appropriate support for the action taken.

13.13.550 Nonexclusive Remedies.The provisions in Sections 13.13.420 through 13.13.550

are not exclusive remedies. Hyrum City reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with Hyrum City's enforcement response plan. However, Hyrum City reserves the right to take other action against any user when the circumstances warrant. Further, Hyrum City is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

13.13.560 Upset.A. For the purposes of this section, "upset" means an

exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph (C) are met.

C. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the industrial user can identify the cause(s) of the upset;

2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

3. The industrial user has submitted the following

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information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five (5) days:

(i) A description of the indirect discharge and cause of noncompliance.

(ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

(iii)Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Industrial users will have the opportunity for a judicial determination on any claim of upset in an enforcement action brought for noncompliance with categorical Pretreatment Standards.

F. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or has failed.

13.13.570 General/Specific Prohibitions. An industrial user shall have an affirmative defense to

an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 2.1 of this ordinance if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either: (a) a local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference, or (b) no local limit exists, but the prior discharge when Hyrum City was regularly in compliance with its UPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

13.13.580 Bypass.

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A. (1) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. An industrial user may allow any bypass to occur which does not cause Pretreatment Standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this section.

C. (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten days before the date of the bypass if possible.(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypasses. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

D. (1) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless;

(a)Bypass was

unavoidable to prevent loss of life, personal injury, or severe property damage;

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(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The industrial user submitted notices as required under paragraph (C) of this section.(2) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph (D)(1) of this section.

13.13.590 User fees.User fees should be assessed whenever there is a need

to recover the cost of treating wastewater. Such fee is set by resolution of the City Council.(Ord. 08-06)

13.13.600 Pretreatment Fees.Hyrum City may adopt reasonable charges and fees for

reimbursement of costs of setting up and operating Hyrum City's Pretreatment Program. Such fees are set by resolution of the City Council. Fees may include:

A. Fees for wastewater discharge permit applications, including the cost of processing such applications.B. Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by industrial users.C. Fees for reviewing and responding to accidental discharge procedures and construction.

D. Fees for filing appeals.E. Other fees as Hyrum City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matter covered by this ordinance and

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are separate from all other fees, fines and penalties chargeable by Hyrum City. (Ord. 08-06)

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Chapter 13.16

ELECTRICAL POWER SYSTEM

Sections:13.16.005 Applicability-New electrical systems and equipment.

13.16.010 Applicability-Existing electrical systems and equipment.

13.16.015 Enforcement-Duty-Authority.13.16.020 Enforcement-Inspection-Right of entry.13.16.025 Stop orders.13.16.030 Emergency service interruption.

13.16.035 Defective and hazardous equipment-Authority to order removal, restoration and disconnection. 13.16.040 Defective and hazardous equip ment- Connection after disconnection ordered.

13.16.045 Liability. 13.16.050 Enforcement-Recordkeeping requirements.

13.16.055 Enforcement-Cooperation of other officials and employees.

13.16.060 Appeals. 13.16.065 Violation-Penalty. 13.16.070 Temporary service-Defined.

13.16.075 Temporary service-Where adequate single-phase electricity is available.

13.16.080 Temporary service-Specialized service. 13.16.085 Single residential entity-Defined. 13.16.090 Single residential entity-Service-Placement.

13.16.095 Single residential entity-Service-Point of connection defined. 13.16.100 Single residential entity-Service-Change from overhead to underground.

13.16.105 Residential subdivision-Defined. 13.16.110 Residential subdivisions-Service-Placement.

13.16.115 Residential   subdivisions-Service- Installation work to be guaranteed. 13.16.120 Residential subdivisions-Electric service system maintenance responsibility.

13.16.125 Multiple dwelling units-Defined. 13.16.130 Multiple dwelling units-Service-Placement. 13.16.135 Multiple dwelling units-Meters-Unit labeling. 13.16.140 Mobile home park-Defined. 13.16.145 Mobile home park-Service-Placement.

13.16.150 Mobile home park-Service-Installation work to be guaranteed. 13.16.155 Mobile home park-Electrical service system-Maintenance responsibility.

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13.16.160 Mobile home park-Service-Point of connection defined.

13.16.165 Industrial and commercial entity-Defined. 13.16.170 Industrial and commercial entity-Service-Placement.

13.16.175 Commercial electrical service.13.16.180 Industrial electrical service.

13.16.185 Industrial and commercial entity-Service-Increase of capacity.13.16.190 Seasonal or temporary connection/disconnect tion Policy Fees.

13.16.195 Seasonal or temporary connection/disconnect ion – Within city limits-Fee.13.16.200 Seasonal or temporary connection/disconnect ion Outside city limits-Fee.

13.16.205 Seasonal or temporary connection/disconnect ion Policy and fee-Applicability.

13.16.210 Seasonal or temporary connection/disconnect ion Payment of previous billings-Utility service agreement required.13.16.215 Seasonal or temporary connection/disconnect ion Disconnection defined.13.16.220 Subdivisions and planned unit and inner-block developments-Street lighting.

13.16.225 Distribution system extension-Defined-Basis.13.16.230 Distribution system extension-Within city limits.13.16.235 Distribution system extension-Outside city limits.

13.16.240 Distribution system extension-Applicability.13.16.245 Distribution system extension-Ownership, operation and maintenance.

13.16.250 Utility service agreement-Required-Form.13.16.255 Service interruption for nonpayment.13.16.260 Security deposits.13.16.265 Service rate schedules.13.16.270 Electrical work Permit-Required.

13.16.275 Electrical work Permit-Application Requirement13.16.280 Electrical work-Permit application-Plan and specification requirements.

13.16.285 Electrical work-Permit-Exemptions.13.16.290 Electrical work-Owner’s permit.13.16.295 Electrical work-Permit-Issuance.

13.16.300 Electrical work-Approved plans and specifica-tions Retention.

13.16.305 Electrical work-Permit-Validity.13.16.310 Electrical work-Permit-Expiration-Extension.

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13.16.315 Electrical work-Permit-Suspension or revocation.

13.16.320 Fees-Generally.13.16.325 Fees-General permits.13.16.330 Fees-Owner’s permit.13.16.335 Fees-New connection inspections.13.16.340 Fees-Additional inspections.13.16.345 Fees-Plan reviews.

13.16.350 Fees-Special investigation for work commenced without permit.13.16.355 Fees-Initial or new service connection-Generally.13.16.360 Fees-Initial service connection fees within city limits.13.16.365 Fees-Initial service connection fees outside city limits.

13.16.370 Fees-Distribution system extension.13.16.375 Fees-Mobile home connections.13.16.380 Fees-Exemptions.13.16.385 Fees-Fees subject to amendment.13.16.390 Inspections-Required.13.16.395 Inspections-Number required.13.16.400 Inspections-Requests-Notice.

13.16.405 Inspections-Authority to require other inspections.

13.16.410 Re-inspections.13.16.415 Inspections - Operation of replacement electrical equipment.

13.16.420 Inspections-Certificate of approval.13.16.425 Wiring-Minimum requirements.13.16.430 Wiring-Applicable provisions-Conformance.13.16.435 Wiring-Point of attachment requirements.13.16.440 Wiring-Service entrance conductors.13.16.445 Wiring-Meter location requirements.13.16.450 Wiring-Grounding requirements.13.16.455 Wiring-Remodeling requirements.13.16.460 Wiring-Copper wire requirements.13.16.500 Prohibited wiring methods.

13.16.515 Alternate materials and methods of construction.

13.16.520 Modifications.13.16.525 Tests.13.16.530 Safety requirements.13.16.535 Safety of equipment.13.16.540 Unsafe electrical systems or equipment.13.16.550 Tampering with meters illegal.

13.16.005 Applicability-New electrical systems and equipment.

The provisions of this chapter and the National

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Electrical Code, as adopted under Chapter 15.16 of this code, as the electrical code of Hyrum City, hereinafter referred to as the “electrical code,” shall apply to all installations of electrical conductors, fittings, devices, appliances and fixtures, hereinafter called electrical systems and equipment, within or on public or private buildings, structures and premises, with exceptions as pro-vided herein and with the following general exceptions:

A. Installation of electrical equipment in railway cars or automotive equipment, or to equipment used in mines;

B. The provisions of this chapter and the electrical code shall apply to electrical systems and equipment used for radio transmission in amateur transmission stations and shall apply to all electrical systems and equipment used for electrical power supply to radio transmitting equipment, but shall not apply to other electrical equipment used for radio transmission;

C. Installation of equipment employed by a railway utility in the exercise of its functions as a utility and located outdoors or in buildings used exclusively for that purpose. (Ord. 84-13 § 1 (part): prior code § 14-316)

13.16.010 Applicability-Existing electrical systems and equipment.

The provisions of this chapter and the electrical code shall apply to existing electrical systems and equipment as follows:

A. Additions, Alterations or Repairs. Additions, alterations or repairs may be made to any electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of this chapter and the electrical code, provided the addition, alteration or repair conforms to that required for a new electrical system and equipment; and provided further, that no hazard to life, health or safety will be created by such additions, alterations or repairs. Minor additions, alterations and repairs to existing electrical systems and equipment may be made in accordance with the law in effect at the time the original installation was made, if and when approved by the building inspector.

B. Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this chapter may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the

13.16-4

original design and no hazard to life, health or property has been created by such electrical system and equipment.

C. Changes in Building Occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Uniform Building Code, as adopted under Chapter 15.12 of this code, shall comply with all requirements of this chapter and the electrical code which may be applicable to the new use or occupancy.

D. Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this chapter and the electrical code shall be maintained in conformance with same. The owner or designated agent shall be responsible for the maintenance of the electrical system and equipment. To determine compliance with this subsection, the building inspector may cause any electrical system or equipment to be re-inspected.

E. Moved Building. Electrical systems and equipment which are a part of buildings or structures moved into or within the corporate limits of Hyrum City shall comply with the provisions of this chapter and the electrical code for new installations. (Ord. 84-13 § 1 (part): prior code § 14-317)

13.16.015 Enforcement-Duty-Authority.The building inspector is authorized and directed to

enforce the provisions of this chapter and the electrical code. (Ord. 84-13 ‘ 1 (part): prior code § 14-318 (part))

13.16.020 Enforcement-Inspection-Right of entry.A. Whenever necessary to make an inspection to

enforce any of the provisions of this chapter and the electrical code, or whenever the building inspector or his authorized representative has reasonable cause to believe that there exists in any building, structure or premises any condition or code violation which makes such building, structure or premises unsafe, dangerous or hazardous, the building inspector or his authorized representative may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building inspector by such codes; provided, that if such building, structure or

13.16-5

premises be occupied, he shall first present proper credentials and request entry. If such building, structure or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure or premises and request entry. If entry is refused, the building inspector or his authorized representative shall have recourse to every remedy provided by law to secure entry.

B. When the building inspector or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building inspector or his authorized repre-sentative for the purpose of inspection and examination pursuant to this chapter and the electrical code. (Ord. 84-13 § 1 (part): prior code § 14-318 (A))

13.16.025 Stop orders.Whenever any work is being done contrary to the

provisions of this chapter and the electrical code, the building inspector may order the work stopped by notice in writing served on any persons engaged in the doing or caus-ing such work to be done. Any persons thus served shall forthwith stop such work until authorized by the building inspector to proceed. (Ord. 84-13 § 1 (part): prior code § 14-318 (B))

13.16.030 Emergency service interruption.The building inspector or his authorized representative

shall have the authority to disconnect any electrical service supplied to any building, structure, equipment, electrical systems or premises regulated by Hyrum City or the electrical code in case of emergency where necessary to eliminate an immediate hazard to life or property. The building inspector shall whenever possible notify the owner or occupant of the building, structure, equipment, electrical systems or premises of the decision to disconnect prior to taking such action, and shall notify the owner or occupant, in writing, of disconnection or service interruption immediately thereafter. (Ord. 84-13 § 1 (part): prior code § 14-318 (C))

13.16.035 Defective and hazardous equipment-Authority to order removal, restoration and disconnection.

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Whenever the building inspector ascertains that any electrical system or equipment regulated by this chapter and the electrical code has become hazardous to life, health or property, he shall notify in writing the responsible person, firm or corporation that the electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate, within thirty days or some other reasonable length of time as determined by the building inspector. If the designed removal or restoration is not made within the allotted time, the building inspector shall have authority to disconnect electrical service to the defective or hazardous equipment, after providing a written notice of such disconnection and causes therefore within twenty-four hours of the order to disconnect the electrical system or equipment. (Ord. 84-13 § 1 (part): prior code § 14-318 (D))

13.16.040 Defective and hazardous equipment-Connection after disconnection ordered.

No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the building inspector or the use of which has been ordered to be discontinued by the building inspec-tor until he authorizes the reconnection and use of such electrical system or equipment. (Ord. 84-13 § 1 (part): prior code § 14-318 (E))

13.16.045 Liability.The building inspector, or his authorized repre-

sentative charged with enforcement of this chapter and the electrical code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building inspector or employee because of such act or omission performed by him in the enforcement of any provision of this chapter or the electrical code shall be defended by legal counsel provided by Hyrum City until final termination of such proceedings.

B. This chapter and the electrical code shall not be construed to relieve from or lessen the responsi-bility of any person, firm or corporation owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects in their building, structure or building service equipment, nor shall the building inspector or Hyrum City be held as assuming any such liability by reasons of the inspections authorized by this chapter or approvals issued hereunder. (Ord. 84-13

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§ 1 (part): prior code § 14-318 (F))

13.16.050 Enforcement-Recordkeeping requirements.The building inspector shall keep a complete record of

all inspections made and of all other official work or actions taken in connection with the provisions of this chapter or the electrical code and shall maintain these records in the city office or some other convenient place. (Ord. 84-13 § 1 (part): prior code § 14-318 (G))

13.16.055 Enforcement-Cooperation of other officials and employees.

The building inspector may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials and employees of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-318 (H))

13.16.060 Appeals.Any person, firm or corporation may register an appeal

with the City Council for the review of any decision of the building inspector or his assistants if the review is requested in writing to the Council within ten days following receipt of the decision. Upon receipt of written notice of appeal, the City Council shall hold a hearing at such time and place as it may determine for the purpose of reviewing the evidence relating to the building inspector’s decision. At the conclusion of the hearing, the City Council shall render a written opinion. The decision of the City Council shall be final and binding in all cases. (Ord. 84-13 § 1 (part): prior code § 14-318 (I))

13.16.065 Violation-Penalty.It is unlawful for any person, firm or corporation to

erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of this chapter and the electrical code. Each violation shall be a class B misdemeanor and each day a violation is allowed to continue shall be considered a separate offense. Punishment for such violations shall be as set forth in Chapter 9.12 of this code. (Ord. 84-13 § 1 (part): prior code § 14-318 (J))

13.16.070 Temporary service-Defined.“Temporary service connections” are defined as those

connections where it is known in advance that the user’s needs or requirements will be limited to a specific period of time and at the end of that time the facilities and service will no longer be needed and therefore removed. (Ord. 84-13 § 1 (part): prior code § 14-321 (part))

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13.16.075 Temporary service-Where adequate single-phase electricity is available.

Temporary service where adequate single-phase electricity is available may be provided in accordance with the following terms:

A. Upon written application, the city will furnish, install and connect a complete single-phase temporary service loop assembly, including disconnect panel with an outlet providing two hundred forty volts, thirty amperes and duplex one hundred twenty volt outlet for a twenty ampere circuit breaker with ground fault interruption protection. The temporary service loop assembly will be installed on a city pole or underground service box of adequate capacity.

B. Temporary electric service is subject to such connect/disconnect and panel deposit fees as set by resolution of the City Council. Modification or use of the temporary electrical connection for other than construction will result in forfeiture of the deposit. This connect/disconnect fee and deposit may be changed by resolution of the City Council. (Ord. 05-16)

C. The contractor or other user of temporary service will be billed a monthly fee for rental of the service loop assembly, in addition to a minimum electric service rate as set by resolution of the City Council.

D. Upon notification by the contractor or other user that temporary service is no longer needed, the city will disconnect and remove the service loop assembly and return it to stock. Preassembled meter loops will be stocked in limited quantities and available on a first request basis. (Ord. 84-13 § 1 (part): prior code § 14-321 (A))

13.16.080 Temporary service-Specialized service.Temporary service requests of a specialized nature or

where adequate service is not available will be provided in accordance with the following terms:

A. Upon approved written application, temporary service which necessitates installation of additional poles, lines, transformers, etc., will be completed only upon advancement of the estimated cost for the city to install and remove the facilities by the contractor or other user, and payment in full by the applicant of all costs and expenses shall be due as finally determined once the service has been rendered.

B. Where standard single-phase temporary service is

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desired, the terms of Section 13.16.075 will then apply.

C. Other special temporary service requirements may be arranged with the power department. (Ord. 84-13 § 1 (part): prior code § 14-321 (B))

13.16.085 Single residential entity-Defined.For the purpose of this chapter and the electrical

code, a “single residential entity” is defined as one single-family dwelling on an individual lot, which meets all current applicable zoning regulations and other city ordi-nances. (Ord. 84-13 § 1 (part): prior code § 14-322 (part))

13.16.090 Single residential entity-Service-Placement.All electrical service to a single residential entity

shall be placed underground unless otherwise approved or specified by the city. The owner or contractor shall install all electrical service according to city specifications as found in this chapter and the electrical code and at his own expense from the point of connection. (Ord. 84-13 § 1 (part): prior code § 14-322 (A))

13.16.095 Single residential entity-Service-Point of connection defined.

A. “Point of connection” for underground service is defined as the point of termination of the service line at:1. The pad-mount transformer;2. The property line junction box; or3. On the service pole (which requires

weatherhead and rigid conduit) as the particular circumstances require.

B. “Point of connection” for overhead service is defined as that point on the masthead where the overhead lines connect to the masthead. (Ord. 84-13 § 1 (part): prior code § 14-322 (B))

13.16.100 Single residential entity-Service-Change from overhead to underground.

When a user receives electric service through an overhead distribution system and requests the service to be changed to underground service, the burden of making this change will be upon the user or property owner. Such changes must be made in accordance with power department speci-fications and drawings furnished to the power department of all underground wiring details. (Ord. 84-13 § 1 (part): prior code § 14-322 (C))

13.16.105 Residential subdivision-Defined.For the purposes of this chapter and the electrical

code, a “residential subdivision” is defined as a

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development consisting of three or more single-family dwellings on individual lots which meet all current applicable zoning regulations and other city ordinances. (Ord. 84-13 § 1 (part): prior code § 14-323 (part))

13.16.110 Residential subdivisions-Service-Placement.All electrical service to a subdivision shall be placed

underground unless otherwise approved or specified by the city. The developer or contractor shall install both primary (where applicable) and secondary electrical service by a duly licensed and authorized electrician according to city specifications and at his own expense; or contract with the City for installation according to availability and workload at a negotiated price. Underground service and equipment must be installed and inspected by the building inspector or his authorized representative before the surfacing of streets and installation of road base, curb and gutter, sidewalks, etc. (Ord. 84-13 § 1 (part): prior code § 14-323 (A); Ord. 11-02)

13.16.115 Residential subdivisions-Service-Installation work to be guaranteed.

Electrical service as installed by a duly licensed and authorized electrician shall be guaranteed by the developer or contractor for a period of two years following final inspection and acceptance or approval by the city. Prior to the city’s acceptance of the electrical service system for purposes of perpetual maintenance, the building inspector (with assistance from the city engineer or other officials as required) shall review the condition of the electrical service and prepare a report of recommendation to the City Council. Any deficiencies in or problems with the service system shall be corrected through repair or replacement as directed by the City Council, and the developer or the con-tractor shall complete all required repairs or replacement at his own expense prior to acceptance of the system by the City Council. (Ord. 84-13 § 1 (part): prior code § 14-323 (B))

13.16.120 Residential subdivisions-Electric service system- Maintenance responsibility.

Following acceptance of the electric service system by the city, responsibility for maintenance by the power department shall end at the point of connection on each individual house. Point of connection for underground and overhead service is defined in Section 13.16.095. Detailed plans of underground wiring must be provided for each unit within the subdivision. (Ord. 84-13 § 1 (part): prior code § 14-323 (C))

13.16.125 Multiple dwelling units-Defined.

13.16-11

For the purposes of this chapter and the electrical code, a “multiple dwelling unit” is defined as a structure with at least two but not more than six dwelling units designed to be occupied by a single-family per unit. (Ord. 84-13 § 1 (part): prior code § 14-324 (part))

13.16.130 Multiple dwelling units-Service-Placement.All electrical service to a multiple dwelling unit

shall be placed underground unless otherwise approved or specified by the city. The owner or contractor shall install all electrical service by a duly licensed and authorized electrician in accordance with city specifications and at his own expense from the point of connection. “Point of connection” is defined in Section 13.16.095. Each dwelling unit within a structure or building must be metered sepa-rately and all meters must be conveniently located or grouped together on a common panel and located in accordance with the provisions of Section 13.16.410. (Ord. 84-13 § 1 (part): prior code § 14-324 (A))

13.16.135 Multiple dwelling units-Meters-Unit labeling.Owners of multiple dwelling units, where individual

tenant metering is grouped in one or several locations on the building, shall be required to accurately display in a permanent and non-destructible manner the unit number on the electrical service equipment adjacent to the meter serving that unit. Unit numbers must be properly displayed before electrical service will be rendered. Removal or changes of unit numbers on metering equipment shall constitute grounds for termination of service. (Ord. 84-13 § 1 (part): prior code § 14-324 (B))

13.16.140 Mobile home park-Defined.For the purposes of this chapter and the electrical

code, a “mobile home park” is defined as any area or tract of land designed to accommodate two or more trailers, mobile homes or campers. (Ord. 84-13 § 1 (part): prior code § 14-325 (part))

13.16.145 Mobile home park-Service-Placement.All electrical service to a mobile home park shall be

placed underground unless otherwise approved or specified by the city. The park owner or contractor shall install all primary (where applicable) and secondary electrical service by a duly licensed and authorized electrician according to city specifications and at his own expense. Underground service and equipment must be installed and inspected by the building inspector or his authorized representative before the surfacing of streets and installation of road base, curb and gutter, sidewalks, etc. (Ord. 84-13 § 1 (part): prior code § 14-325 (B))

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13.16.150 Mobile home park-Service-Installation work to be guaranteed.

Electrical service as installed by a duly licensed and authorized electrician shall be guaranteed by the park owner, developer or contractor, as the case may be, for a period of two years following final inspection and approval or acceptance by the city. Prior to the city’s acceptance of the electrical service system for purposes of perpetual maintenance, the building inspector (with assistance from the city engineer or other officials as required) shall review the condition of the electrical service and prepare a report of recommendation to the City Council. Any deficiencies in or problems with the service system shall be corrected through repair or replacement as directed by the City Council, and the park owner, developer or contractor shall complete all required repairs or replacement at his own expense prior to acceptance of the system by the City Council. (Ord. 84-13 § 1 (part): prior code § 14-325 (B))

13.16.155 Mobile home park-Electrical service system-Maintenance responsibility.

Following the acceptance of the electrical service system, responsibility for maintenance by the power department shall end at the point of connection for each individual trailer or spot. (Ord. 84-13 § 1 (part): prior code § 14-325 (C))

13.16.160 Mobile home park-Service-Point of connection defined.

“Point of connection” is defined as the point of termination of power department service conductors to the meter base on the pedestal located by each pad or space. (Ord. 84-13 § 1 (part): prior code § 14-325 (D))

13.16.165 Industrial and commercial entity-Defined.A. An “industrial or commercial entity” is defined as

any person, firm, corporation (whether profit or nonprofit) or any other user, including hospitals, schools, churches, hotels, motels or any other entity providing human habitation on a short-term or temporary basis, subscribing to electrical service for any purpose other than those generally considered to be residential in nature.

B. Exceptions. Dairy operations are considered residential excepting those with demand-type metering installations. (Ord. 84-13 § 1 (part): prior code § 14-326 (part))

13.16.170 Industrial and commercial entity-Service-Placement.

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All electrical service to an industrial or commercial entity shall be placed or located according to city specifications and the directions of the superintendent of the power department. (Ord. 84-13 § 1 (part): prior code § 14-326 (A))

13.16.175 Commercial electrical service.Commercial electrical service is alternating current,

single or three phase supplied at the city’s available voltage through one kilowatt-hour meter at a single point of delivery for all service required on the premises for commercial purposes, at any point on the city’s interconnected distribution system where there are facilities of adequate capacity. (Ord. 84-13 § 1 (part): prior code § 14-326 (B))

13.16.180 Industrial electrical service.Industrial electrical service is alternating current,

single- or three-phase supplied at the city’s available voltage through a demand or other appropriate type of metering installation at a single point of delivery for all service required on the premises for industrial purposes, at any point on the city’s interconnecting system where there are facilities of adequate capacity. Industrial customers metered through a demand meter shall maintain at all times a power factor set by resolution of the City Council (Ord. 84-13 § 1 (part): prior code § 14-326 (C))

13.16.185 Industrial and commercial service-Increase of capacity.

Should any existing industrial or commercial user re-quire more capacity than is available at the closest point on the city’s interconnected distribution system, the cost to provide the required capacity shall be allocated in accordance with the terms of Section 13.16.230, unless otherwise approved by the City Council, and such increase of capacity shall be treated as an extension of the distribution system. The city will own, operate and maintain all equipment for increase of capacity or extensions made under this chapter. (Ord. 99-11; Ord. 84-13 § 1 (part): prior code § 14-326 (D))

13.16.190 Seasonal or temporary connection/disconnection--Policy-Fees.

City policy concerning, and fees charged for, seasonal or temporary connection/disconnection shall be set by resolution of the City Council. (Ord. 84-13 § 1 (part): prior code § 14-328 (part))

13.16.195 Seasonal or temporary connection/disconnection-Within city limits-Fee.

13.16-14

At any time the city is requested by an owner, landlord or agent to connect or restore electrical service which has been seasonally or temporarily disconnected or interrupted by request of the owner, landlord or agent, the city shall charge such fees for the service as set by resolution of the City Council and determined by whether the service is performed during normal business hours or at times other than normal business hours. (Ord. 84-13 § 1 (part): prior code § 14-328 (A))

13.16.200 Seasonal or temporary connection/disconnection-Outside city limits-Fee.

At any time the city is requested by an owner, landlord or agent to connect or restore electrical service which has been seasonally or temporarily disconnected or interrupted by request of the owner, landlord or agent, the city shall charge such fees for the service as set by resolution of the City Council and determined by whether the service is performed during normal business hours or at times other than normal business hours, or whether the service is connected or restored to a home, apartment, seasonal residence or other entity located outside Hyrum City limits. (Ord. 84-13 § 1 (part): prior code § 14-328 (B))

13.16.205 Seasonal or temporary connection/disconnection-Policy and fee-Applicability.

The policy and fee charged for each seasonal or temporary service restoration shall also apply to each seasonal or temporary disconnection or service interruption. (Ord. 84-13 § 1 (part): prior code § 14-328 (C))

13.16.210 Seasonal or temporary connection/disconnection-Payment of previous billings-Utility service agreement required.

At any time the city is requested by an owner, landlord or agent to connect or restore electrical service which has been seasonally or temporarily disconnected or interrupted by request of the owner, landlord or agent, the city shall require that all previous billings to the owner, landlord or agent for service at his home, apartment, seasonal residence or other entity shall have been paid satisfactorily and that a current utility service agreement is on file with the power department. (Ord. 84-13 § 1 (part): prior code § 14-328 (D))

13.16.215 Seasonal or temporary connection/disconnection-Disconnection defined.

Any vacancy or disconnection of less than one year shall be deemed a seasonal or temporary disconnection or service interruption. (Ord. 84-13 § 1 (part): prior code § 14-328 (E))

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13.16.220 Subdivisions and planned unit and inner-block developments-Street lighting.

In a subdivision, street lighting shall conform to the design specifications and standards, rules and regulations of the city street department and shall be provided by the subdivider. In planned unit developments and certain inner-block developments, street lighting shall be provided under the following conditions:

A. Private Streets. If the streets in a single or multiple unit development are private and not dedicated streets then the subdivider or developer will pay for installation, maintenance and opera-tion of the street lights. Installation will be subject to the city specifications and approval. The power department will meter and sell the electricity to operate the private street lighting system. Detailed plans of all wiring pertaining to the lighting system shall be provided to the power department.

B. Public Streets. If the streets in a multiple unit development are public, the subdivider or developer will install, by a duly licensed and authorized electrician, street lights per city specifications. Upon dedication of the streets, the city will accept the street lights and provide perpetual maintenance, however, the system must be guaranteed by the subdivider or developer for a period of two years following final inspection and acceptance or approval of the city. The building inspector (with assistance from the city engineer or other officials as required) shall review the condition of the system and prepare a report of recommendation to the City Council prior to ac-ceptance by the city. Any deficiencies in or problems with the street lighting system shall be corrected through repair or replacement as directed by the city. The subdivider or developer shall complete all required replacement or repairs at his own expense prior to acceptance of the system by the City Council. (Ord. 84-13 § 1 (part): prior code § 14-327)

13.16.225 Distribution system extension-Defined-Basis.A distribution system or line extension is any

continuation or branch from the nearest available existing distribution line of the city, including any increase of capacity of an existing line or facilities, or the supply of three-phase service to meet the customer’s requirements. Distribution system extensions will be made on the basis set forth in Sections 13.16.230 through 13.16.245. (Ord. 99-11,

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Ord. 84-13 § 1 (part): prior code § 14-329 (part))

13.16.230 Distribution system extension-Within city limits.The person, firm, corporation or other user requesting

a distribution system extension as defined in Section 13.16.225, shall submit a payment equal to one hundred percent of the estimated cost for materials and labor required for the extension before approval will be given by the city for the work to be done and shall pay for all costs and expenses which exceed the estimate once the work has been completed. Overpayments shall be refunded to the person or entity requesting the extension. (Ord. 87-01 § 1: Ord 84-13 § 1 (part): prior code § 14-329 (A))

13.16.235 Distribution system extension-Outside city limits.Normally, extensions of the municipal electrical

distribution system will not be approved outside city limits. However, if the extension is proximate to the city’s existing distribution system and approval for the extension is obtained from the utility authorized by franchise or law to serve the area, the city may provide the service. The person, firm, corporation or other user re-questing a distribution system extension as defined in Section 13.16.225, but located beyond the existing city limits, shall submit payment in full of the estimated cost for materials and labor for the extension before approval will be given by the city for the work to be done, and shall pay for all costs and expenses which exceed the estimate once the work has been completed. Overpayments shall be refunded to the person or entity requesting the extension. (Ord. 87-01 § 2, 3, 4: Ord. 84-13 § 1 (part): prior code § 14-329 (B))

13.16.240 Distribution system extension-Applicability.The provisions of this chapter shall apply to all

classes of electric service. (Ord. 87-01 § 5: Ord. 84-13 § 1 (part): prior code § 14-329 (C))

13.16.245 Distribution system extension-Ownership, operation and maintenance.

The city will own, operate and maintain all extensions made under this chapter. (Ord. 87-01 § 7: Ord. 84-13 § 1 (part): prior code § 14-329 (D))

13.16.250 Utility service agreement- Required-Form.A. Any person, firm, corporation or other user,

whether renting, leasing, purchasing or having outright ownership of electrical equipment, a residence, apartment, commercial or industrial establishment, or other building, structure or entity, requesting electrical service from the

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power department, shall file or cause to be filed with the power department a utility service agreement.

B. The agreement shall be in substantially the form set out in Exhibit 13.16.250. (Ord. 84-13 § 1 (part): prior code § 14-330)

Exhibit 13.16.250UTILITY SERVICE AGREEMENT

Account No. ________________________ Date____________Property owner__________________________ Renter_____________Spouse_________________________ Service address_____________________________________________Mailing address (if different)______________________________ Social Security #______________Telephone__________________

Previous address______________________ How long___________Street__________________________City____________State_______Employer______________________________ How long___________Name___________________ Address________________ Phone_________Spouses Employer How long____________Name___________________Address___________Phone______________Your Nearest Relative_______________________________________Street_________________ City__________ State ___ Phone______Spouse’s Nearest Relative___________________________________Street_________________ City__________ State ___ Phone______Bank Reference ____________Branch_____________________

Personal reference__________________________________________Street_________________ City__________ State ___ Phone______Personal reference__________________________________________Street_________________ City__________ State ___ Phone______Person to contact in case of emergency______________________Street_________________ City__________ State ___ Phone______Make of Car: __ License #: State_________

The undersigned, hereinafter referred to as CUSTOMER, herewith applies to Hyrum City Corporation, hereinafter referred to as CITY, for electric, water and sewer services, hereinafter referred to as utility services. In consideration of the acceptance of this application by the CITY and the rendering of such service, the CUSTOMER agrees as follows:

1. CUSTOMER agrees to pay for such services in

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accordance with the rules and regulations and at the applicable rates for such service now in effect or as the same shall lawfully be amended or changed from time to time.

2. If CUSTOMER or other entity fails to pay, within fifteen (15) days of the due date, which due date is specified to be fifteen (15) days from the billing date as indicated on the billing form, the charges due for municipal electrical, sewer and/or water services received by CUSTOMER or entity as indicated on the statement furnished by the CITY, the City Treasurer shall give CUSTOMER or entity notice in writing of intent to disconnect electrical and/or water service to the premises of CUSTOMER or entity, unless the amount due is paid in full within fifteen (15) days of the date of said notice. Utility service shall not be restored until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to Ordinance 84-13 or regulations issued there under is eliminated. Any utility account becoming delinquent, shall be subject to an interest penalty of one and one-half percent per month (18% APR) on the unpaid or delinquent arrears balance for electrical, sewer and/or water services furnished by the CITY.

3. CUSTOMER agrees to be bound by the rules, regulations, resolutions, or ordinances enacted or adopted by the governing body applicable to the CITY’S utility system. It is understood that the CITY may, but need not, apply the deposit upon bills due for prior services and that the right of the CITY to shut off service as above provided shall exist even though the deposit has not been applied to the payment of past due bills for services. On final settlement of CUSTOMER’S account, any unused balance of the deposit will be refunded to CUSTOMER upon return of the security deposit receipt issued by the CITY at the time the deposit is made. The deposit shall not be considered as an advance payment for any service. Charges and unpaid accounts shall be considered delinquent notwithstanding the existence of the deposit, and the CUSTOMER shall not have the right to compel the CITY to apply the deposit to any account to avoid delinquency.

4. CUSTOMER agrees to permit CITY, its agents or employees, to enter the above-described premises at all reasonable times for the purposes necessary and incident to rendering of such service.

5. CUSTOMER agrees to notify the CITY at least one week in advance of planned termination of service.

6. CUSTOMER warrants that he/she has the authority to sign this agreement and to grant permission to enter premises to the CITY.

7. CUSTOMER agrees that he/she will make certain that the meters and equipment are readily accessible to the CITY and that there are no barriers or animals which would

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prevent reasonable access thereto.8. CUSTOMER agrees to pay any damage to the meters or

the equipment excepting normal wear.9. CUSTOM agrees that the CITY shall have the right

to institute collection proceedings by all means available to it, including suit in a court of proper jurisdiction. The CUSTOMER further agrees to pay all costs of collection including reasonable court costs and attorney’s fees.

10. Any notices which are to be given to CUSTOMER shall be mailed to CUSTOMER at the address listed under “Mailing Address.”

NOTE: Utility service fees are the responsibility of both husband and wife under Utah law regardless of who makes and signs this application.

CUSTOMER STATES THAT HE/SHE HAS READ ALL OF THE ABOVE PROVISIONS AND AGREES TO THE SAME.

___________________________Customer

13.16.255 Service interruption for nonpayment.City policy and restoration fees for service which has

been interrupted due to nonpayment are as follows:A. Due Date and Notice. If any person, firm or

corporation fails to pay within fifteen days of the due date, which due date is specified to be fifteen days from the billing date as indicated on the billing form the charges due for municipal electric service received by the person, firm or corporation as indicated on the statement fur-nished by the city, the city shall give the person, firm or corporation notice in writing of intent to discontinue or interrupt electrical service to the premises of the person, firm or corporation unless the amount due is paid in full within fifteen days from the date of the notice.

B. Procedure for Appeal. Any person, firm or corporation receiving a written notice of intent to discontinue or interrupt electrical service shall have the opportunity within ten days from the date of notice of intent to interrupt electrical service to request a hearing before the City Council concerning the same, which hearing shall be held at the next regularly scheduled meeting of the City Council or as soon thereafter as is reasonable. In the event a hearing is so requested, all further action by the power department shall be stayed until such hearing is

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duly held and appropriate action pursuant thereto, authorized and directed by the City Council.

C. Interest Penalty. Any customer account becoming delinquent, which delinquency is defined as being thirty-one or more days from the billing date as indicated on the billing form, shall be subject to an interest penalty of one and one-half percent per month (eighteen percent annual percentage rate) on the unpaid or delinquent arrears balance for electrical service, which shall begin to accrue on the thirty-first day after the billing date.

D. Service Restoration Fee. Any interruption of electrical service to enforce payment of a past due balance, or any collection action requiring a visit to the service address, whether or not electrical service is actually interrupted, shall be subject to a service reinstatement fee as set by resolution of the City Council.

E. Illegal Reconnection. It is unlawful for any person, firm or corporation to make or allow to be made connections for any supply of electricity or to supply or to allow to be supplied electricity to any electrical equipment, residence, apartment, commercial or industrial establishment, or other building, structure or entity, or wiring which has been disconnected or ordered to be disconnected for nonpayment or any other reason by any duly authorized employee of Hyrum City, the building inspector or any of his authorized assistants. Each violation shall be a class B misdemeanor and each day a violation is allowed to continue shall be considered a separate offense. Punishment for such violation shall be as set forth in Chapter 9.12 of this code.

F. Form of Final Notice. Written notice of intent to discontinue or interrupt electrical service to the premises of a person, firm or corporation shall be known as “final notice” and shall be substantially the form set out in Exhibit 13.16.255. (Ord. 93-02 § 1 (part); Ord. 92-09; Ord. 84-13 § 1 (part): prior code § 14-331)

Exhibit 13.16.255

FINAL NOTICE

YOUR UTILITY ACCOUNT IS DELINQUENT AND IF NOT PAID IN FULL WITHIN 15 DAYS, SERVICE WILL BE SHUT OFF WITHOUT FURTHER NOTICE.

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BEFORE SERVICES TO SAID PERSON OR ENTITY SHALL AGAIN BE PROVIDED, ALL DELINQUENCIES MUST BE PAID IN FULL, TOGETHER WITH A RECONNECTION FEE IN THE AMOUNT OF $________________. IF YOU DISAGREE WITH ANY PART OF THE NOTICE, AND BELIEVE THAT YOU HAVE A VALID REASON WHY YOUR SERVICE SHOULD NOT BE DISCONTINUED, PLEASE REQUEST A HEARING BEFORE THE CITY COUNCIL BY PHONING 245-6033, WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE.

HYRUM CITY CORPORATION83 WEST MAIN

HYRUM, UTAH 84319PHONE 245-6033

ACCT. NO.___________________________MAILING DATE._______________________SHUT-OFF DATE.______________________ACCOUNT DUE.________________________

BY ORDER OF THE MAYOR AND CITY COUNCILELECTRIC, WATER, SEWER AND GARBAGE COLLECTION

HYRUM CITY CORPORATIONHYRUM, UTAH 84319

13.16.260 Security deposits.City policy concerning security deposits placed prior

to receiving electrical service is as follows:A. Deposit Required. All residential customers

owning, renting or leasing a home, apartment, condominium, mobile home or any other dwelling, or purchasing or having outright ownership of a mobile home but renting the space upon which it is parked, shall be required to place a security de-posit in an amount set by resolution of the City Council. (Ord. 05-18)

B. Deposits.1. Security deposits placed by residential users

who either own, rent, or lease their home, apartment, condominium, mobile home or any other dwelling, and residential users who own their mobile home but rent or lease a parking space, shall be held by the city for a period of twenty-four months from the initial date of service. “Initial date of service” is defined as the beginning date of service at a particular location or address. Should the user move to another location or address within the power department’s service area, the initial date of service remains as the beginning date of service at the first

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location and the security deposit may be transferred but only after payment in full has been received at a second location or residence while an outstanding balance exists for the first account.

2. At the end of the twenty-four month period from the date of initial service, the security deposit may be refunded if the user has demonstrated a satisfactory payment history and not received a final notice or notice of intent to discontinue or interrupt electrical service because of a non-payment at any time during the twenty-four month period. The deposit, when refunded, will not include interest earnings.

3. If at any time the owner, renter, or leaser allows his or her account to become delinquent, which delinquency is defined in Section 13.16.255(C) and the delinquency results in service interruption, the city shall require the security deposit to (1) be increased to an amount set by resolution of the City Council, or (2) if the deposit has been previously refunded, it shall be restored and increased to an amount set by resolution of the City Council. This additional or renewed deposit may be paid in accordance with the terms of subsection A of this section (i.e., one-half prior to service restoration; one-quarter thirty days from restoration date; and one-quarter sixty days from restoration date), and will be held until such time as user clearly demonstrates his ability to maintain his account in accordance with city requirements. At that time, the deposit may either be reduced to the original amount or be refunded without interest as the circumstances warrant.

C. Deposit Not Applied to Account. The city may, but need not, apply the security deposit upon bills due for prior services and the right of the city to interrupt service shall exist even though the deposit has not been applied to the user’s account. On final settlement of the user’s account, any remaining portion of the security deposit not previously refunded under the terms of subsection C of this section, will be refunded to the user upon return of the security deposit receipt(s) issued by the city at the time the deposit was made. The security deposit shall not be considered as advance payment for any service.

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Unpaid accounts shall be considered delinquent notwithstanding the existence of the security deposit, and the user shall not have the right to compel the city to apply the security deposit to any account to avoid delinquency.

D. Deposits Placed by Commercial and Industrial Users.

1. Commercial or industrial users set by resolution of the City Council. These deposits may be refunded without interest earnings at the end of twelve months from the initial date of service provided the commercial or industrial user has demonstrated a satisfactory payment record. If at any time during the first twelve months of service, or at any time after the security

deposit has been refunded, should the commercial or industrial user’s account become delinquent, and the delinquency result in service interruption, the city shall require the security deposit to be increased to an amount set by resolution of the City Council. This additional or renewed deposit may be paid in accordance with the terms of subsection C of this section, and will be held until such time as the commercial or industrial user clearly demonstrates the ability to maintain the account on a current basis. The provisions of subsection D of this section shall also apply to commercial or industrial security deposits.

2. Exemptions. Charitable, nonprofit, religious, and government organizations will not normally be required to place a security deposit. Should an account of this type become delinquent, and the delinquency results in service interruption, the terms and conditions of this section will apply. (Ord. 84-13 § 1 (part): prior code § 14-332; Ord. 07-08)

13.16.265 Service rate schedules.The schedule of rates to be charged users of the

electrical system of the power department is established. Such rates are declared to be reasonable and uniform with respect to class for type of service to be rendered. Copies of all rate schedules shall be on file in the office of the general superintendent.

A. Utility Service Agreement. Service under any of the schedules established by this chapter and under any schedules hereafter made and established

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by the city shall be in accordance with the terms of the utility service agreement, as described in Section 13.16.250, or other contract between the consumer and the city, present or future, pertaining to the furnishing or supplying of electricity by the city to the consumer on file with, and approved by, the City Council.

B. Rights to Amend Schedule. The City Council may by resolution or ordinance, change, alter, amend or create new schedules for electrical service to be supplied to the consumer by the city, and may change, alter, amend or create new rules and regulations for supply of the service. Changes, alterations and amendments to existing schedules, rules and regulations and any new schedules, rules and regulations created in the future shall, upon passage and approval of the City Council, be filed with the city recorder and the general superintendent, and thereafter become part of the utility service agreement or contract between the consumer and the city for electrical service, as applying. (Ord. 84-13 § 1 (part): prior code § 14-333)

13.16.270 Electrical work-Permit-Required.It is unlawful for any person, firm or corporation to

install, alter, repair, replace or remodel any electrical system, wiring or equipment within or on any building, structure or premises regulated by this chapter and the electrical code, whether publicly or privately owned, except as specified in Section 13.16.285, or cause the same to be done without first obtaining a separate electrical permit for each building or structure. (Ord. 84-13 § 1 (part): prior code § 14-341 (part))

13.16.275 Electrical work-Permit-Application-Requirements.To obtain a permit, the applicant shall first file an

application therefore in writing on a form furnished by the building inspector. The applicant must be, or have in his employ, a person who is a duly licensed, qualified electrician, and must hold a valid master electrician’s license and a valid contractor’s license as issued by the state, with the exception of those applying for an owner’s permit as authorized under Section 13.16.290. Every applicant shall:

A. Identify and describe the work to be covered by the permit for which application is made;

B. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;

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C. Indicate the use or occupancy for which the proposed work is intended;

D. Be accompanied by plans, diagrams, computations and specifications and other data as required in Section 13.16.280;

E. Be signed by permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

F. Give other data and information as maybe required by the building inspector. (Ord. 84-13 § 1 (part): prior code § 14-341 (A))

13.16.280 Electrical work-Permit application-Plan and specific- ation requirements.

Plans, engineering, calculations, diagrams, and other data shall be submitted in one or more sets with each application for a permit. The building inspector may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

A. Exception. The building inspector may waive the submission of plans, calculations, etc., if he finds that the nature of the work applied for is such that reviewing is not necessary to obtain compliance with this chapter and the electrical code.

B. Plan Requirements. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and the electrical code and all relevant laws, ordinances, rules and regulations. Plans for building more than two stories in height of other than groups R, division 3 and M occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical and communications conduits, pipes and similar systems. (Ord. 84-13 § 1 (part): prior code § 14-341 (B))

13.16.285 Electrical work-Permit-Exemptions.A. No electrical permit shall be required to execute

any of the following types of electrical work:1. Portable motors or other portable appliances

energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when the cord or cable is permitted by this chapter and the electrical code;

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2. Repair or replacement of lamps, fuses or fixed motors, transformers, or fixed approved appliances of the same type and rating in the same location;

3. Temporary decorative lighting; 4. Repair or replacement of current-carrying

parts of any switch, contractor or control device;

5. Reinstallation of attachment plug recepta-cles, but not the outlets therefore;

6. Repair or replacement of any over-current device of the required capacity in the same location;

7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems;

8. Taping joints; 9. Removal of electrical wiring;

* 10. Temporary wiring for experimental purposes in suitable experimental laboratories;

* 11. The wiring for temporary theater, motion picture or television stage sets;

12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy;

* 13. Low-energy power, control and signal circuits of classes II and III as defined in the electrical code;

* 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility

15. Any work involved in the manufacturing, testing,servicing, altering or repairing of electri-

calequipment or apparatus, except that this ex-

emptionshall not include any permanent wiring other

thanthat required for testing purposes.

B. Exemption from the permit requirements of this chapter and the electrical code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this

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chapter and the electrical code or any other laws or ordinances of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-341 (C))

13.16.290 Electrical work-Owner’s permit.A special owner’s permit may be issued to a person

other than a duly licensed and qualified electrician, as required by Section 13.16.275, upon application filed with the building inspector. The building inspector shall issue a special owner’s permit authorizing the individual to in-stall, alter, change or repair electrical equipment or wiring in, on or about a single family dwelling of which the individual is the owner and in which he resides or intends to reside; provided, that any electrical work authorized under the special owner’s permit shall be done personally by the owner and shall be subject to the same standards or safety and workmanship established by this chapter and the electrical code, and must be approved by the building inspector. Any violations or failure to comply with the provisions of the special owner’s permit shall be cause for the cancellation of same. (Ord. 84-13 § 1 (part): prior code § 14-342)

13.16.295 Electrical work-Permit-Issuance.A. The application, plans and specifications filed by

an applicant for permit shall be reviewed by the building inspector. Such plans may be reviewed by other departments of Hyrum City to verify compli-ance with any applicable laws and ordinances thereof. If the building inspector finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and the electrical code and any other pertinent laws and ordinances, and that the fees specified in Sections 13.16.320 through 13.16.390 have been paid, he shall issue a permit therefore to the applicant.

B. When the building inspector issues a permit where plans are required, he shall endorse in writing or stamp the plans and specifications “APPROVED.” Approved plans and specifications shall not be changed, modified or altered without authorization from the building inspector, and all work shall be done in accordance with the approved plans.

C. The building inspector may issue a permit for the construction of part of an electrical system be-fore the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed state-ments have been filed complying with all pertinent

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requirements of this chapter and the electrical code. The holder of such a permit shall proceed at his own risk without assurance that the permit for the entire building, structure or building service will be granted. (Ord. 84-13 § 1 (part): prior code § 14-343 (part))

13.16.300 Electrical work-Approved plans and specifications-Retention.

One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the building inspector until final approval of the work. (Ord. 84-13 § 1 (part): prior code § 14-343 (A))

13.16.305 Electrical work-Permit-Validity.A. The issuance of a permit or approval of plans and

specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or the electrical code or any ordinance of Hyrum City. No permit presuming to give authority to violate or cancel the provisions of these codes shall be valid.

B. The issuance of a permit based upon plans, specifications and other data shall not prevent the building inspector from thereafter requiring correction of errors in the plans, specifications, and other data or from preventing building operations being carried on there under when in violation of this chapter, the electrical code, or any ordinance of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-343 (B))

13.16.310 Electrical work-Permit-Expiration-Extension.A. Every permit issued by the building inspector

under the provisions of this chapter shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans

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and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year.

B. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under the permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building inspector may extend the time for action by the permittee for a period not exceeding one hundred eighty days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (Ord. 84-13 § 1 (part): prior code § 14-343 (C))

13.16.315 Electrical work-Permit-Suspension or revocation.The building inspector may, in writing, suspend or

revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-343 (D))

13.16.320 Fees-Generally.Fees charged for electrical permits (other than new

connection permits as scheduled in Sections 13.16.355 through 13.16.390), inspections and plan reviews shall be as set forth in Sections 13.16.325 through 13.16.350. (Ord. 84-13 § 1 (part): prior code § 14-344 (part))

13.16.325 Fees-General permits.A. Upon receipt of proper application, and plan

approval where required, the building inspector shall issue a permit for installation, alterations or addition of electrical wiring, wiring systems or equipment installed on or within any building, structure or premises, whether publicly or privately owned, for a fee set by resolution of the City Council, which fee includes the permit and two inspections.

B. Exception. Those installations or alterations completed in one phase or operation and requiring only one inspection shall be permitted for a fee in an amount set by resolution of the City Council, which includes the permit and one inspection. (Ord. 84-13 § 1 (part): prior code § 14-344 (A))

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13.16.330 Fees-Owner’s permit.Permits shall be issued to persons qualifying under

Section 13.16.290, for a fee set by resolution of the City Council, which fee includes the permit and two inspections, unless the exception set out in Section 13.16.325(B), ap-plies. (Ord. 84-13 § 1 (part): prior code § 14-344 (B))

13.16.335 Fees-New connection inspections.Inspections for all initial or new connections as

provided in Sections 13.16.355 through 13.16.390 shall be made for a fee set by resolution of the City Council, which includes rough-in and finish inspections for residential connections, and one general inspection for either commercial or industrial connections. (Ord. 84-13 § 1 (part): prior code § 14-344 (C))

13.16.340 Fees-Additional inspections.Any additional inspection required or requested,

including trips to the job site by the building inspector after having been summoned prior to inspection readiness, shall be provided for a re-inspection fee in an amount set by resolution of the City Council. (Ord. 84-13 § 1 (part): prior code § 14-344 (D))

13.16.345 Fees-Plan reviews.When a plan or other data are required to be submitted

by Section 13.16.280, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for electrical work shall be an amount set by resolution of the City Council.

A. Exception. Where residential plans are approved pursuant to the provisions of Sections 15.08.040 and 15.08.100, and include electrical wiring plans as part of the total plan set, no additional plan review fee will be charged.

B. Plan Changes. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged with minimum charge of one-half hour.

C. Expiration of Plan Review. Applications for which no permit is issued within one hundred eighty days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building inspector. The building inspector may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being

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taken. No application shall be extended more than once. In order to review action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (Ord. 84-13 § 1 (part): prior code § 14-344 (E))

13.16.350 Fees-Special investigation for work commenced without permit.

Whenever any work for which a permit is required by this chapter has been commenced without first obtaining the permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investi-gation fee shall be equal to the amount of the permit fee. (Ord. 84-13 § 1 (part): prior code § 14-344 (F))

13.16.355 Fees-Initial or new service connection-Generally.Fees charged for an initial or new electrical service

connection permit shall be paid prior to obtaining the permit from the building inspector. Any applicant for residential or commercial electrical service requesting electrical energy delivered through one kilowatt-hour meter, or any applicant for industrial electrical service request-ing electrical energy delivered through a demand or other appropriate metering installation, at a single point of delivery for all service required on the premises, shall, at the applicant’s sole cost and expense, install all electrical wiring necessary for service in compliance with this chapter and the electrical code, and terminate the wiring at the appropriate point of connection as defined in Sections 13.16.085 through 13.16.100, 13.16.140 through 13.16.185, or some other location designated by the general superintendent, before the city shall be obligated to fur-nish electrical power to the premises. (Ord. 84-13 § 1 (part): prior code § 14-345 (part))

13.16.360 Fees-Initial service connection fees within city limits.

Fees for initial or new electrical service connections located within the Hyrum City limits, which include the permit and electrical service through the city’s conductors to the point of connection, shall be as listed on the fee schedule set by resolution of the City Council.(Res. 97-16; Ord. 84-13 § 1 (part): prior code § 14-345 (A))

13.16.365 Fees-Initial service connection fees outside city limits.

Fees for initial or new electrical service connections located beyond Hyrum City limits, which include the permit and electrical service throughout the city’s conductors to

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the point of connection as defined herein or at some other point as specified by the city, shall be as listed on the fee schedule set by resolution of the City Council. (Ord. 84-13 § 1 (part): prior code § 14-345 (B))

13.16.370 Fees-Distribution system extension.If the initial or new service connection requires the

addition of more than one new pole to the municipal distribution system, the applicant will be responsible for the cost of all additional poles and materials necessary beyond the first pole and the materials normally required for a service connection. Service connections requiring more than one new pole are considered an extension of the distribution system and such connections will be made after the applicant meets the requirements of Section 13.16.225 through 13.16.245. (Ord. 84-13 § 1 (part): prior code § 14-345 (C))

13.16.375 Fees-Mobile home connections.The city will connect a mobile home, if requested to do

so, from the point of connection as defined in Section 13.16.160, to the mobile home for a fee set by resolution of the City Council. (Ord. 84-13 § 1 (part): prior code § 14-345 (D))

13.16.380 Fees-Exemptions.Buildings, facilities or structures owned and operated

by Hyrum City Corp. are exempt from this section. (Ord. 84-13 § 1 (part): prior code § 14-345 (E))

13.16.385 Fees-Fees subject to amendment.The Hyrum City Council may, by resolution or ordinance,

change, alter, amend or create new initial electrical service connection fees. (Ord. 84-13 § 1 (part): prior code § 14-345 (F))

13.16.390 Inspections-Required.All electrical systems and equipment for which a permit

is required by this chapter shall be subject to inspection by the building inspector. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the building inspector nor Hyrum City shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection. Electrical systems and equipment regulated by this chapter and the electrical code shall not be connected to the energy source until authorized by the building inspector. (Ord. 84-13 § 1 (part): prior code § 14-351 (part))

13.16.395 Inspections-Number required.

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A. Any installation, alteration or addition of electrical wiring or equipment for which a permit is issued whether installed on or within any building, structure or premises, publicly or privately owned, shall be subject to at least two electrical inspections:1. Rough-in or initial; and2. Finish or final.

B. Exceptions. Very small or minor installations or additions of electrical wiring or equipment if completed in one phase or operation shall be subject to only the finish or final inspection if so determined by the building inspector. (Ord. 84-13 § 1 (part): prior code § 14-351 (A))

13.16.400 Inspections-Requests-Notice.It shall be the duty of the person doing the work

authorized by a permit to notify the building inspector that such work is ready for inspection. Proper notification may be given in writing or by telephone, but must be filed at least one working day before inspection is desired. (Ord. 84-13 § 1 (part): prior code § 14-351 (B))

13.16.405 Inspections-Authority to require other inspections.

In addition to the called inspections required by this chapter, the building inspector may make or require other inspections of any work to ascertain compliance with the provisions of this chapter and the electrical code and other laws and ordinances of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-351 (C))

13.16.410 Re-inspections.A re-inspection fee may be assessed in accordance with

Section 13.16.340, when any portion of the work for which an inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this chapter or the electrical code, but as controlling the practice of calling for inspections before the job is ready for inspection or re-inspection. Re-inspection fees may also be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building inspector. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ord. 84-13 § 1 (part): prior code § 14-351 (D))

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13.16.415 Inspections-Operation of replacement electrical equipment.

The requirements of Sections 13.16.390 through 13.16.420 shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the building inspector not more than forty-eight hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (Ord. 84-13 § 1 (part): prior code § 14-351 (E))

13.16.420 Inspections-Certificate of approval.Where the building inspector finds the installation to

be in conformity with the provisions of this chapter and the electrical code, a certificate of approval shall be issued to the person, firm, corporation or contractor making the installation or addition authorizing use and connection to the supply of electricity of same. (Ord. 84-13 § 1 (part): prior code § 14-351 (F))

13.16.425 Wiring-Minimum requirements.In order to provide for safety from fire and other

hazards due to electrical overload, the following minimum standards shall apply to all electrical equipment and wiring installed at any location serviced by or connected to Hyrum City’s electrical distribution system. (Ord. 84-13 § 1 (part): prior code § 14-361 (part))

13.16.430 Wiring-Applicable provisions-Conformance.All wiring and equipment installations shall conform to

the provisions of the editions as adopted by Hyrum City of the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Building Code and the National Electrical Code, together with the provisions of this chapter and all other applicable ordinances and policies of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-361 (A))

13.16.435 Wiring-Point of attachment requirements.When service is to be installed overhead, the point of

attachment of electrical conductors shall be on the mast riser. The mast riser must be located at the nearest point of attachment to the city power lines. The riser shall be two-inch minimum rigid conduit and shall extend thirty-six inches above the roof line. All overhead service entrance conductors shall be installed in rigid metal conduit while underground service entrance conductors may be direct burial, rigid metal conduit or rigid nonmetallic conduit approved for direct burial. (Ord. 84-13 § 1 (part): prior code § 14-361 (B))

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13.16.440 Wiring-Service entrance conductors.For single-family dwellings, the service entrance

conductor shall be rated according to the provisions of the National Electric Code. (Ord. 84-13 § 1 (part): prior code § 14-361(C))

13.16.445 Wiring-Meter location requirements.A. All meters shall be conveniently located on the

outside of the building or any type of structure for which power is supplied, and access thereto shall not be restricted by locked gates, enclosures or shrubbery of any type, or by vicious animals. All meters shall be located not more than six and not less than five feet above the finished grade. Multiple dwelling unit meters shall comply with the provisions of Sections 13.16.125, 13.16.130 and 13.16.135, as well.

B. Exception. Meters located within approved mobile home parks shall be located on pedestals adjacent to the pad being served, at a height of not more than five feet above the finished grade. (Ord. 84-13 § 1 (part): prior code § 14-361 (D))

13.16.450 Wiring-Grounding requirements.The ground or common conductor shall be sized and

installed according to the National Electric Code. (Ord. 84-13 § 1 (part): prior code § 14-361 (E))

13.16.455 Wiring-Remodeling requirements.Electrical wiring and equipment heretofore installed

need not necessarily be made to conform strictly to all the provisions of this chapter, but the electrical inspector shall require the correction of such defects as he deems actually dangerous to life or property. If the existing panel and meter will not accommodate installation of additional wiring or equipment, they must be replaced, together with appropriate wiring to meet the increased load requirements. The meter must be located so as to comply with the provisions hereof, and the mast riser and service entrance conductors must also meet the requirements stated in Sections 13.16.435 and 13.16.440. (Ord. 84-13 § 1 (part): prior code § 14-361 (F))

13.16.460 Wiring-Copper wire requirements.A. All wiring circuits shall conform to the

requirements of the National Electric Code. (Ord. 84-13 § 1 (part): prior code § 14-361 (G))

13.16.500 Prohibited wiring methods.The following wiring methods shall not be used in any

location where enclosed wiring is required by this chapter,

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the electrical code, or by special ruling of the electrical inspector:

A. Open wiring on insulators;B. Concealed knob and tube wiring;C. Nonmetallic sheathed cable;D. Armored cable of the AC or ACT types;E. Service entrance cable;F. Nonmetallic waterproof wiring;G. Nonmetallic surface extensions. (Ord. 84-13 § 1

(part): prior code § 14-363 (part))

13.16.515 Alternate materials and methods of construction.A. The provisions of this chapter and the electrical

code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the building inspector and approved by the city.

B. The building inspector may approve any alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this code and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistant, durability and safety.

C. The building inspector shall require that suffi-cient evidence or proof be submitted to sub-stantiate any claims regarding the use of alter-nates. The details of any action granting approval of an alternate shall be recorded and maintained in the files of Hyrum City. (Or. 84-13 § 1 (part): prior code § 14-364)

13.16.520 Modifications.Whenever there are practical difficulties involved in

carrying out the provisions of this chapter or the electrical code, the building inspector may grant modifications, subject to the approval of the city, for individual cases, provided he shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen health, life and safety requirements. The details of actions granting modification shall be recorded and entered in the files of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-365)

13.16.525 Tests.

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A. Whenever there is insufficient evidence of compliance with any of the provisions of this chapter and the electrical code, or evidence that materials or construction do not conform to the requirements of this code, the building inspector may require tests as evidence of compliance to be made at no expense to Hyrum City.

B. Test methods shall be as specified by the electrical code or by other recognized test stan-dards. In the absence of recognized and accepted test methods for the proposed alternate, the building inspector shall determine test procedures.

C. All tests shall be made by an approved agency. Reports of such tests shall be retained by the building inspector for the period required for the retention of public records. (Ord. 84-13 § 1 (part): prior code § 14-366)

13.16.530 Safety requirements.All electrical equipment and wiring installed or used

shall be safe to persons and property and shall conform to the provisions of this chapter and the electrical code, and the applicable statutes of the state and ordinances of Hyrum City. (Ord. 84-13 § 1 (part): prior code § 14-367 (part))

13.16.535 Safety of equipment.Conformity of electrical equipment with applicable

standards of Underwriter’s Laboratories, Inc., or with other recognized standardization testing laboratories acceptable to the city shall be prima facie evidence that such equipment is safe to person and property. (Ord. 84-13 § 1 (part): prior code § 14-367 (A))

13.16.540 Unsafe electrical systems or equipment.A. All electrical systems or equipment regulated by

this code which are unsafe, or which constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this chapter constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

B. All such unsafe electrical systems or equipment are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of

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Dangerous Buildings or such alternate procedure as may be adopted by Hyrum City. As an alternative, the city may institute any other appropriate action to prevent, restrain, correct or abate the violation. (Ord. 84-13 § 1 (part): prior code § 14-367 (B))

13.16.550 Tampering with meters illegal.It is unlawful for any person by himself, family,

servants or agents to open, interfere with, injure, deface, or in any way impair or alter the workings of any meter or measuring device connected to Hyrum City’s electrical power distribution system. It is also unlawful for any person other than a duly authorized employee of Hyrum City to remove any meter from its base or premises. (Ord. 06-15 Ord. 84-13 § 1 (part): prior code § 14-367 (D))

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1Chapter 13.18

STORM WATER DRAINAGE

Sections13.18.010 Purpose13.18.020 Definitions13.18.030 Application13.18.040 Responsibility of Administration13.18.050 Ultimate Responsibility13.18.060 Policies13.18.070 Stormwater Utility Fee13.18.080 Billing13.18.090 Prohibitions13.18.100 Illegal Discharges and Exemptions13.18.110 Notice of Intent (NOI) - Exemptions13.18.120 Stormwater Management Concept Plan13.18.130 Landscape Plans Required13.18.140 Maintenance Agreements13.18.150 Inspection13.13.160 Post Construction13.13.170 Enforcement13.18.180 Stormwater Inspector13.18.190 Compliance and Reinspection13.18.200 Violation and Penalties

13.18.010 Purpose. The purpose of this ordinance is to protect the health,

safety and welfare of Hyrum City residents by maintaining and improving the City’s stormwater system; managing and controlling stormwater runoff; protecting public and private property from damage caused by uncontrolled stormwater runoff or by pollutants conveyed by stormwater runoff; and preventing polluted water from entering the City’s stormwater system and other receiving waters to the maximum extent practicable as required by federal and state law. The principal objectives of this ordinance are:

A. To regulate the discharge of pollutants into the municipal stormwater system;

B. To prohibit illicit connections and discharges to the system;

C. To guide, regulate, and control the design, construction, use, and maintenance of any development or other activity that results in the movement of soil within the City;

D. To minimize increases in nonpoint source pollution caused by stormwater runoff from construction sites, which would otherwise degrade local water quality;

F. To reduce stormwater runoff rates and volumes,

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soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety;

E. To establish a viable and fair method of financing the construction, operation, and maintenance of the stormwater system;

G. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this ordinance; and

H. To clarify permitting processes and identify responsibility to obtain certain permits required by the Environmental Protection Agency (EPA), the State Department of Environmental Quality (DEQ), and Hyrum City.

13.18.020 Definitions. For the purposes of this ordinance, the following shall

mean:Best Management Practices (BMP’s). Includes schedules of activities, prohibitions of practices, maintenance procedures, design standards, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into the Waters of the State or Waters of the United States. BMP’s also include treatment requirements, operating procedures, educational activities, and practices to control plant site runoff spillage or leaks, sludge or waste disposal, or drainage from raw material storage.Building Permit. Permits for alteration or construction (except for fences and detached accessory buildings as exempted by city code) issued pursuant to the provisions of Chapter 15.08 of the Hyrum City Municipal Code.Conveyance System. Any channel or pipe for collecting or directing the flow of stormwater.Culvert. A covered channel or large diameter pipe that conducts or directs water flow below the ground surface.Degradation. 1. Biological or chemical: The breakdown of chemical compounds into simpler substances, usually less harmful than the original compound, as with the degradation of a persistent pesticide. 2. Geological: Wearing down by erosion. 3. Water: The lowering of the water quality of a watercourse by an increase in the amount of pollutant(s).

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Department of Environmental Quality (DEQ). The State of Utah Department of Environmental Quality.Discharge. The release of stormwater or other substance from a conveyance system or storage container.Drainage. Refers to the collection, conveyance, containment, and/or discharge of surface and stormwater runoff.Equivalent Service Unit (ESU). The approximate size of impervious surface area on an average residential lot.Erosion. The wearing away of land surface by wind or water. Erosion occurs naturally from weather or runoff but can be intensified by land-clearing practices related to farming, residential or industrial development, road building, or timber cutting.Excavation Permit. Permit issued authorizing excavation within Hyrum City pursuant to the provisions and regulations found in Chapter 12.12 and 12.24 of the Hyrum City Municipal Code.Field Drain. Refers to an underground drainage system installed to drain agricultural fields and typically ends in a irrigation tail water ditch.Fill. A deposit of earth material placed by artificial means.Grading. The cutting and/or filling of the land surface to a desired slope or elevation.Illegal Discharge. Any direct or indirect non-stormwater discharge to the stormwater system, except discharges from fire fighting activities and other discharges exempted by this ordinance.Illicit Connection. Any physical connection to the Hyrum City stormwater system allowing discharge of non-stormwater, which has not been permitted by this ordinance.Impervious Surface. A surface which prevents or retards the penetration of water into the ground including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of stormwater.Infiltration. The downward movement of water from the surface to the subsoil. The infiltration capacity is expressed in terms of inches per hour.Ingress/Egress. The points of access to and from a property.Inlet. An entrance into a ditch, culvert, or other conveyance structure.Land Drain. Refers to an underground drainage

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system installed during the development of a subdivision that is installed within the public right-of-way and designed to meet City standards and is approved by the City Engineer to reduce or limit ground water travel in the vicinity of the drains.Mulch. A natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.National Pollutant Discharge Elimination System (NPDES). EPA’s program to control the discharge of pollutants to Waters of the United States.Nonpoint Source. Pollution caused by diffuse sources (not a single location such as a pipe) such as agricultural or urban runoff.Notice of Intent (NOI). Permit issued by the State DEQ for storm water discharges associated with construction activities under the NDPES General Permit.NPDES Permit. An authorization, license, or equivalent control document issued by the EPA or an approved state agency to implement the requirements of the NPDES program.Off-site. Any area lying upstream of the site that drains onto the site and any area lying downstream of the site to which the site drains.On-site. The entire property that includes the proposed development.Outfall. The point, location, or structure where wastewater or drainage discharges from a stormwater pipe, ditch, or other conveyance to a receiving body of water.Point Source. Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel from which pollutants are or may be discharged.Plat. A map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, or other divisions and dedications.Pollutant. Generally any substance introduced into the environment that adversely affects the usefulness of a resource. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other

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discarded or abandoned objects and accumulations so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues resulting from the construction of a building or structure; and noxious or offensive matter of any kind.Receiving Waters. Bodies of water or surface water systems receiving water from upstream constructed (or natural) systems.Riparian. A relatively narrow strip of land that borders a stream or river.Runoff. That part of precipitation, snowmelt, or irrigation water that runs off the land into streams or other surface water with the potential to carry pollutants from the air and land into the receiving waters.Sedimentation. The process of depositing soil particles, clays, sands, or other sediments that were picked up by runoff.Source Control. A practice or structural measure to prevent pollutants from entering stormwater runoff or other environmental media.Stabilization. The proper placing, grading and/or covering of soil, rock, or earth to ensure its resistance to erosion, sliding, or other movement.Storm Drain. An opening leading to an underground pipe or open ditch for carrying surface runoff.Stormwater. Rainfall runoff, snowmelt runoff, and drainage. It excludes infiltration.Stormwater Management Concept Plan. A document which describes the Best Management Practices and activities to be implemented by a person, business, or developer to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.Stormwater System (Municipal Separate Stormwater System, MS4). A municipally owned and operated stormwater collection system consisting of the following: curb and gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, land drain systems, field drain systems, or any other system used to convey stormwater that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by the municipality.Swale. An elongated depression in the land surface

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that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swales direct stormwater flows into primary drainage channels and allow some of the stormwater to infiltrate into the ground surface.Waters of the United States. Surface watercourses and water bodies as defined in 40 CFR § 122.2., including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.Waters of the State. Surface and ground water within the boundaries of the State of Utah and subject to its jurisdiction.

13.18.030 Application. This ordinance shall apply to all water entering the

municipal stormwater system.

13.18.040 Responsibility of Administration. The Water Superintendent shall administer, implement,

and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the City may be delegated in writing by the Water Superintendent to persons or entities acting in the beneficial interest of or in the employ of the City.

13.18.050 Ultimate Responsibility. The standards set forth herein and promulgated pursuant

to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor illegal discharge of pollutants.

13.18.060 Policies. The City Council may adopt policies consistent with

this ordinance to assist in the application, administration, and interpretation of this ordinance and any resolutions related to the stormwater utility.

13.18.070 Stormwater Utility Fee.A. Fee Imposed – Each developed parcel of real property in the City shall be charged a stormwater utility fee.B. ESU - The fee shall be based on the number of ESU’s contained in the parcel. The City has concluded that the ESU is the most equitable and practical measurement for determining the amount that each parcel contributes to, benefits from,

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and otherwise uses the stormwater utility. Based on a study completed by the City Engineer, the City establishes that one ESU equals 2,700 square feet of impervious surface area.C. Basis – The City has determined that each single-family residential parcel generates approximately the same amount of stormwater runoff; therefore, each developed single-family residential parcel shall pay a base rate of one (1) ESU. All non-single family residential parcels shall pay a multiple of this base rate, expressed in ESU’s, according to the number of residential units located on the parcel. The City Council may adopt separate rates for planned residential developments, condominiums, and other uses that do not typically conform to the ESU standard. The Hyrum City Council, pursuant to an engineering study, may by resolution amend the impervious surface area that equals one ESU.D. Charge per ESU – The amount charged for each ESU shall be established from time to time by resolution of the City Council.E. Exemptions and Credits – The City Council may establish exemptions and credits to the stormwater utility fee by resolution.F. Appeals – Any person or entity that believes that this ordinance, or any stormwater utility rate resolution, was interpreted or applied erroneously may appeal to the City Administrator. The appeal shall be in writing, shall state any facts supporting the appeal, and shall be made within ten (10) days of the assessment. The Administrator’s response shall be made within ten (10) days of when the appeal is filed. If the person or entity is not satisfied with the Administrator’s decision, a further appeal may be made to the City Council. The City Council’s decision shall be final and binding on all parties.

13.18.080 Billing. The City’s stormwater system, sanitary sewer system,

culinary water system, and solid waste collection system are interrelated services that are part of a unified City plan to provide for the health, safety, and welfare of the City and its residents in an environmentally responsible manner. Therefore, the stormwater utility fee shall be included on the City’s regular monthly utility bill for any given property. If there is no regular utility bill for the property, the stormwater utility fee shall be charged to the owner of the property. The fee shall be deemed a civil debt

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owed to the City by the person or entity paying for the City utility services provided to the property. All developed properties shall be charged the fee, regardless of whether or not the owner or occupant of the property requests the stormwater utility service. Failure to pay any portion of the utility bill may result in termination of culinary water service.

13.18.090 Prohibitions. It is unlawful for any person to:

A. Track mud or sediment onto public streets by construction or delivery vehicles. Provisions shall be made at all construction sites to clean the vehicles before leaving the site or otherwise prevent the tracking of site soils onto city streets.B. Wash or rinse concrete trucks in the within the city right of way or where concrete or rinse water could enter the municipal stormwater system. Dumping of excess concrete shall not be allowed anywhere within city right of way or on public property.C. Use soil ramps in the gutter to provide access to lots fronted by curb and gutter for an extended period of time and/or during wet weather.D. Stockpile construction materials or debris in the street or in the gutter in such a manner that the material may be considered a source of pollution in the stormwater system. (Ord. 12-01)

13.18.100 Illegal Discharges and Exemptions.A. No person shall discharge or cause to be discharged into the municipal stormwater system or watercourses any water or materials containing any pollutants that cause or contribute to a violation of applicable water quality standards.B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether said connection was permissible under law or practices applicable or prevailing at the time of connection. This prohibition also expressly includes, without limitation, connections of sanitary sewer lines to the system.C. Notification of spills. In the event of a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the City in person or by telephone or facsimile no later than

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the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 5 years.D. Clean up of spills. Within the requirements of the law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into storm water and / or the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. E. The following activities or occurrences are generally exempt from the requirements of this chapter:

1. Landscape irrigation water; 2. Rising groundwater or infiltration of

groundwater into the stormwater system; 3. Uncontaminated pumped groundwater; 4. Foundation or footing drains (not

including active groundwater dewatering systems);

5. Crawlspace sump pumps; 6. Springs; 7. Noncommercial washing of vehicles; 8. Natural riparian habitat or wetland

flows; 9. Swimming pools (if de-chlorinated –

typically less than one PPM chlorine);10. Runoff from firefighting activities;

and,11. Other discharges specified in writing by

the Water Superintendent as being necessary to protect public health and safety.

F. Dye testing is an allowable discharge but requires a verbal notification to the City Engineer or designee prior to the time of the test.G. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES

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permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval from the City Engineer has been granted for any discharge to the stormwater system. (Ord. 12-01)

13.18.110 Notice of Intent (NOI) - Exemptions.A. No person shall be granted a building or excavation permit for land-disturbing activity without a Notice of Intent (NOI) from the State of Utah unless such activity is specifically exempted by state law. No building or excavation permit application will be considered complete until accompanied by proof of the NOI. State’s website for information pertaining to NOI is www.waterquality.utah.gov/updes/stormwater.htm.B. A NOI is generally not required for the following activities; however, it is the responsibility of the person to confirm any and all exemptions:

1. Emergency activity that is immediately necessary for the protection of life, property, or natural resources.

2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.

3. Home gardens for family food production and/or pleasure.

4. Disturbances less than one (1) acre that are not part of a larger development project.

13.18.120 Stormwater Management Concept Plan.

A. In addition to and independent of the NOI required herein, and in accordance with the requirements of Section 16.20.200 of this code, a Stormwater Management Concept Plan shall be required with the preliminary plat for all platted subdivisions, site plans for all multifamily housing projects, single family home construction involving soil disturbing activities of one acre or more, mobile home parks, churches, commercial buildings and sites, and industrial buildings and sites and will include sufficient information (e.g., maps, hydrologic calculations, etc.) to evaluate the environmental characteristics of the project site, the potential impacts of all

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proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. The intent of this conceptual planning process is to determine the type of stormwater management measures necessary for the proposed project, and ensure adequate planning for management of stormwater runoff from the development. This plan is not a Storm Water Pollution Prevention Plan required for the NOI.B. For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the stormwater concept plan measures for controlling existing stormwater runoff discharges from the site in accordance with the standards of this Ordinance to the maximum extent practicable.

13.18.130 Landscaping Plans Required. Landscaping shall conform to the intent of the

stormwater management concept plan. At a minimum, the landscaping plan shall detail vegetation and grading and shall include any non-standard maintenance requirements that may be associated with the landscaping. The extent of the landscaping plan shall incorporate at a minimum all stormwater facilities and shall be submitted with the final plat submittal. Additional landscaping plan requirements may be required by other ordinances.

13.18.140 Municipal Stormwater Syserm Maintenance. Unless otherwise established in writing and agreed to

by the City the following stormwater system maintenance arrangements shall be implemented:

A. Landscape maintenance and preservation of land use systems such as detention, retention, and swale features for stormwater management are to be maintained by property owners, home owner associations, or development groups. Stormwater structures such as pipes, catch basins, and sumps will be maintained by the city. Easements to access and inspect the stormwater system and to perform maintenance of the system shall be established on the plat or recorded with the property title in perpetuity.B. If a responsible party fails or refuses to meet the maintenance requirements of this ordinance, whether it be the normal or immediate correction time period, after reasonable notice, the Water Superintendent may order the Public Works Department to abate or procure the abatement of

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the violation. In the event that the stormwater management facility becomes a danger to public safety or public health, the Water Superintendent shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have ten (10) days to effect maintenance and repair of the facility in an approved manner. After proper notice, the City may assess the owner(s) of the facility for the cost of repair work and any penalties plus appropriate administrative charges; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.

13.18.150 Inspection.A. To verify compliance with the NOI, the City Engineer or designee may conduct field inspections.B. The City Engineer or designee shall at all ordinary hours have free access to construction sites permitted under this chapter or other chapters of the Hyrum City Municipal Code for the purpose of inspecting or evaluating the construction, maintenance, and performance of stormwater features.

13.18.160 Post Construction. Applicant shall comply with the post construction

provisions of the NOI and provisions of this code.

13.18.170 Enforcement. In the event that any person holding an excavation

permit, building permit, or platted subdivision approval violates the terms of the permit or the ordinances of this City or conducts site development in such a manner as to adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Stormwater Inspector may suspend or revoke the building permit or place a stop order on all work.

13.18.180 Stormwater Inspector. The position of Stormwater Inspector is hereby created

for the purpose of administering the provisions of this Chapter and the powers delegated to it by laws and statutes relating to the stormwater system in the City, subject to such control, assignment, and review as the Water

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Superintendent may from time to time direct.A. The Water Superintendent may appoint a Stormwater Inspector and Assistant Inspectors as needed. The powers and duties of the assistants shall be the same as those of the Stormwater Inspector unless otherwise specified by the Water Superintendent.B. Duties of Inspector. The Stormwater Inspector is hereby authorized and directed to:

1. Perform all functions necessary to enforce the provisions of this code;

2. Inspect or cause to be inspected, as often as needed, all sites or places for the purpose of determining whether they are in compliance with all provisions of this code as outlined in this chapter.

C. If the Stormwater Inspector determines that any of the conditions listed in this chapter exist on any property within the limits of Hyrum City, or if the impact of any conditions listed in this chapter exist outside of this City due to operations within the City, the Stormwater Inspector shall:

1. Ascertain the names of the owners and occupants of the property where the conditions exist, together with a description of the property;

2. Ascertain the names of the persons conducting operations on the property in violation of this code and associated information related to the permit, if issued;

3. Issue a written notice to the owner, occupant, or persons conducting operations on the property identifying the conditions violating this chapter and give notice that they must be corrected within the next ten (10) calendar days;

4. If the situation warrants, issue a stop work order to the owner, occupant, or persons conducting operations on the property identifying the conditions violating this chapter and give notice that all operations must stop immediately, within the confines of public safety;

5. All stop work orders shall also state that failure to comply with this request shall result in the City taking action to remedy the problem by any means available, including legal action.

6. The stop work order shall:a. Require the person to

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whom it is sent to correct the violation within the time period the Stormwater Inspector shall designate, which shall be not less than ten (10) days, nor greater than twenty (20) days and shall be known as the correction period. The time given to remedy the violation shall begin to accumulate the day following the day on which the citation is issued.

b. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.

c. Inform the person to whom the notice is issued that, if compliance is accomplished within the correction period and is fully remedied as outlined in Section 13.18.230, the notice will be signed by the Stormwater Inspector and filed with the building permit.

d. Inform the person that in the event a criminal prosecution is pursued, the prosecution shall be for a Class C Misdemeanor.

13.18.190 Compliance and Reinspection. In the event the person complies with the notice of the

Stormwater Inspector within the correction period, the person shall notify the Stormwater Inspector a minimum of 48 hours (not including weekends or holidays) prior to the end of the correction period. A date and time for inspection prior to the appearance date shall be assigned and the Stormwater Inspector shall again inspect the property.

A. If the property is in compliance with this chapter, the Stormwater Inspector shall sign off compliance on the cited person's copy of the notice. B. In the event the person in violation has not received a reinspection indicating compliance with this chapter prior to the end of the correction period, criminal prosecution of the matter shall proceed.C. In the event that the violation is an immediate threat to the public health, safety or welfare, the Stormwater Inspector may require immediate correction for up to a period of 48 hours. If this violation is not corrected and reinspection requested within the required time, the citation will be referred directly to the Hyrum City Prosecutor. D. In the event that the violation listed on the

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citation is not corrected within the appropriate time period, whether it be the normal or immediate correction time period, the Water Superintendent may order the Public Works Department to abate or procure the abatement of the violation. Should the City abate the violation, the cited person shall still face criminal prosecution. The actual expenses and the appointed administrative fee for the City abating the violation shall be collected from the person, firm, or corporation in violation of this chapter and be added to any fine and penalties set by the court.

13.18.200 Violation and Penalties.A. Whenever the Stormwater Inspector finds that a

person has violated a prohibition or failed to meet a requirement of this Ordinance, the Stormwater Inspector may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:1. The performance of monitoring, analyses, and

reporting;2. The elimination of illicit connections or

discharges;3. That violating discharges, practices, or

operations shall cease and desist;4. The abatement or remediation of stormwater

pollution or contamination hazards and the restoration of any affected property;

5. Payment of a fine to cover administrative and remediation costs; and

6. The implementation of source control or treatment BMP’s.

B. Infractions / Penalties: 1. In minor violations a penalty for infractions

may be implemented. Such penalty shall be consistent with the severity of the violation and shall not exceed $750. Penalties for specific infractions are established by resolution through the City Council.

2. Criminal penalties first offense: any person violating the provisions of this ordinance for the first time may be assessed a Class C Misdemeanor with a maximum fine of $2,500 per day for each violation.

3. Criminal penalties second offense: any person violating the provisions of this ordinance for the second time may be assessed a Class B Misdemeanor with a maximum fine of $5,000 per day for each violation.

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4. Measuring civil penalties. In assessing a civil penalty, the City may consider:(a) The harm done to the public health or

the environment;(b) Whether the civil penalty imposed will

be a substantial economic deterrent to the illegal activity;

(c) The economic benefit gained by the violator;

(d) The amount of effort put forth by the violator to remedy this violation;

(e) Any unusual or extraordinary enforcement costs incurred by the municipality;

(f) The amount of penalty established by ordinance or resolution for specific categories of violations; and

(g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

5. Recovery of damages and costs. In addition to the civil penalty in subsection (2) above, the municipality may recover; (a) All damages proximately caused by the

violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation.

(b) The costs of the municipality’s maintenance of storm water facilities when the user of such facilities fails to maintain them as required by this ordinance.

(c) Recovery of costs imposed on the City, including attorney’s fees, by state or federal entities.

6. Other remedies. The municipality may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.

7. Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. (Ord. 12-01)

13.18.200 Violation and Penalties.

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A. Whenever the Stormwater Inspector finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the Stormwater Inspector may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

1. The performance of monitoring, analyses, and reporting;

2. The elimination of illicit connections or discharges;

3. That violating discharges, practices, or operations shall cease and desist;

4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;5. Payment of a fine to cover

administrative and remediation costs; and6. The implementation of source

control or treatment BMP’s.B. Any person violating any of the provisions of this ordinance, who fails to take corrective measures as required by notice issued pursuant to this chapter, shall be deemed guilty of a Class “C” misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. (Ord.06-04)

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Chapter 13.20

IRRIGATION WATER SYSTEM

Sections:13.20.010 Definitions.13.20.020 Watermaster-Position created.13.20.030 Watermaster-Powers and duties.13.20.040 Enforcement-Duty and authori ty. 13.20.050 Enforcement-Right of entry.13.20.060 Enforcement-Stop orders.13.20.070 Emergency service interruption.13.20.080 Liability.13.20.090 Recordkeeping requirements.13.20.100 Enforcement-Cooperation of other officials

and employees.13.20.110 Water stock.13.20.120 Connection-Application by individuals.13.20.130 Connection-Application by subdivider.13.20.140 Connection-Application-Right of refusal.13.20.145 Disconnection/Reconnection.13.20.150 Connection-Number and loca tion. 13.20.160 Connection-Fees.13.20.170 Water service-Application by property owners.13.20.180 Water service-Application by tenants.13.20.190 User rates, fees and charges.13.20.200 Use without payment prohibit ed-Tampering with

prohibited.13.20.210 Delinquent accounts-Policies.

13.20.220 Billing-Statement-Form.13.20.230 Billing-Content-Payment.13.20.240 Interruption for nonpayment.13.20.250 Appeal-Board.13.20.260 Billing-Interruption of service for

nonpayment-Appeal.13.20.270 Billing-Interest.13.20.280 Service restoration fee.13.20.290 Illegal reconnection or service restoration.13.20.300 Billing-Interruption of ser vice-Notice of

intent.13.20.310 Damaged equipment-Repair-Liability.13.20.320 Nonliability for damage.13.20.330 Disposition of funds.13.20.340 Service-Individual unit-Defined-Requirement.13.20.350 Unauthorized users.13.20.360 Combination usage.13.20.370 Interconnection with culinary system

prohibited.13.20.380 Open discharge.13.20.390 Unlimited water use.13.20.400 Scarcity of water.

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13.20.410 Periods of irrigation service.13.20.420 Wastefulness.13.20.430 Maintenance of facilities.13.20.440 Use of faulty equipment prohibit ed. 13.20.450 Service pipes-Installation-Location-Quality.13.20.460 System maintenance.13.20.470 Unauthorized use prohibited.13.20.480 Urban and agricultural uses.13.20.490 Use of water for dust control.13.20.500 Fire suppression.13.20.510 Ponds and fountains.13.20.520 Stock watering.13.20.530 Use for driving machinery.13.20.540 Permits for installation or repair.13.20.550 Outlets to be identified.13.20.560 Extension of water mains with in municipality. 13.20.570 Violation-Penalty.

13.20.010 Definitions.A. When the term “water” is used in this chapter,

including its application for water revenues embodied in this chapter, it shall be deemed to apply specifically and exclusively to irrigation water furnished under this system, except where the context indicates to the contrary, particularly, but not exclusively, where intermingling of culinary and irrigation water is prohibited.

B. The terms “water department,” “water systems" and “water service,” whether used in conjunction with the word “irrigation” or not, refer to the irrigation water department and system of Hyrum City, not to the culinary water department and system, unless so specifically stated. (Ord. 90-05 § 1 (part): prior code § 14-413)

13.20.020 Watermaster-Position created.There is created the position of watermaster of the

irrigation water department. The custom, usage and practice of distinguishing an irrigation water supervisor or administrator as a watermaster and also to distinguish his office from that of a culinary water system superintendent. (Ord. 90-05 § 1 (part): prior code § 14-414)

13.20.030 Watermaster-Powers and duties.The watermaster shall manage and supervise the

irrigation water department pursuant to the provisions of this chapter and pursuant to rules, policies and regulations adopted by the city council from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the mayor relating to

13.20-2

the irrigation system. All of the functions and activities of the watermaster shall be carried on under the direction of the mayor. (Ord. 90-05 § 1 (part): prior code § 14-415)

13.20.040 Enforcement-Duty and authority.The watermaster is authorized and directed to enforce

the provisions of this chapter and all other rules and regulations adopted by the city council pertaining to the management and operation of the irrigation department and system. (Ord. 90-05 § 1 (part): prior code § 14-416 (part))

13.20.050 Enforcement-Right of entry.The watermaster, his duly appointed assistant, or other

city employee or official as directed by the governing body, shall at all ordinary hours and reasonable times have free access to any premises supplied with water service from the municipal irrigation system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use and to determine the presence of wasteful practices or faulty equipment and to perform any other duty prescribed by this chapter and all other rules and regulations adopted by the city council, and such access shall not be deemed a trespass on any such premises. If, upon presenting proper credentials so as to adequately identify himself, and upon requesting entry, the watermaster, assistant or other authorized person is denied access to the premises for the purposes stated herein, the watermaster shall have recourse to every remedy provided by law to secure entry. He may further interrupt irrigation water service as provided by this chapter until such times as appropriate remedial measures are taken. (Ord. 90-05 § 1 (part): prior code § 14-416 (A))

13.20.060 Enforcement-Stop orders.Whenever work on any public or private irrigation

system is being done or irrigation water is being used in a manner contrary to the provisions of this chapter, the watermaster may order the work or usage stopped by notice in writing served on any person engaged or causing such work or usage to be done or to continue. Any person thus served shall forthwith stop such work or usage until such time as a decision is rendered by the city council or other remedy applied through the provisions of this chapter. (Ord. 90-05 § 1 (part): prior code § 14-416 (B))

13.20.070 Emergency service interruption.The watermaster or his agent shall have authority to

interrupt irrigation water service pursuant to the conditions specified in Sections 13.20.320 and 13.20.400. The watermaster shall, whenever possible, notify the owner or occupant of the premises of the decision to disconnect

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prior to taking such action. (Ord. 90-05 § 1 (part): prior code § 14-416 (C))

13.20.080 Liability.A. The watermaster, or his authorized agent, who has

been charged with the responsibility for enforce-ment of this chapter, while acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the watermaster or employee because of such act or omission performed by him in the enforcement of any provision of this chapter shall be defended by legal counsel provided by Hyrum City, pursuant to the provisions of the Utah Governmental Immunity Act, UCA 63-30-1, et. seq.

B. This chapter and the provisions contained herein shall not be construed to relieve from or lessen the responsibility of any user of irrigation water delivered by this system from any damages to persons or property caused by defects in their sprinkling equipment or irrigating system or de-vices, nor shall the watermaster be held as assuming any such liability by reasons of the inspections authorized by this chapter or approvals issued hereunder. (Ord. 90-05 § 1 (part): prior code § 14-416 (D))

13.20.090 Recordkeeping requirements.The watermaster shall keep a complete record of all

inspections made and of all other official work or actions taken in connection with the provisions of this chapter and shall maintain these records in the city office or some other convenient place. (Ord. 90-05 § 1 (part): prior code § 14-416 (E))

13.20.100 Enforcement-Cooperation of other officials and employees.

The watermaster may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials and employees of Hyrum City. (Ord. 90-05 § 1 (part): prior code § 14-416 (F))

13.20.110 Water stock.A. Purchases. Hyrum City maintains a standing offer

to purchase water stock from holders in Hyrum Irrigation Co. and any other irrigation company

13.20-4

wherein water may be utilized in the municipal irrigation system at the present time or at some future date. The terms and conditions of the pur-chase, including purchase price, shall be negotiated and set by the city council prior to the transfer of stock certificates.

B. Exception-Initial Stock Offer. In an effort to determine feasibility and interest in a city-wide piped irrigation system, Hyrum City offers stock-holders of the Hyrum Irrigation Co. one hundred fifty dollars per share if the stock was pledged prior to November 30, 1989. For all shares pledged or sold to Hyrum City after that date, the city will pay one hundred dollars per share until such time as the city council changes the amount of this standing offer by resolution. Those shares pledged under the initial stock offer prior to November 30, 1989, may be exchanged in full or on a pro rata basis at the rate of one hundred fifty dollars per share for or applied towards the initial connection fee of one hundred fifty dollars if pledged prior to November 30, 1989. (Ord. 90-05 § 1 (part): prior code § 14-417)

13.20.120 Connection-Application by individuals.Any person, other than a subdivider or developer

seeking multiple connections, who desires or is required to secure a new connection to the irrigation system, shall file with the watermaster for each such connection a written and signed connection application in substantially the form set out in Exhibit 13.20.120. (Ord. 90-05 § 1 (part): prior code § 14-418)

Exhibit 13.20.120HYRUM CITY

APPLICATION FOR IRRIGATION WATER CONECTION

TO THE MUNICIPALITY OF HYRUM, UTAH:

I, the undersigned applicant and property owner or authorized agent thereof, hereby apply to the Hyrum City Corp. for permission to connect my premises at to the Hyrum City irrigation system and hereby agree as follows:

1. (a)**I agree to pay to Hyrum City the connection charges or fees as fixed by the governing body. Upon receipt of the connection charges or fees, the city shall make the requested connection from its water main to my property and furnish the necessary materials to do so, including the

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shutoff valve and riser (where needed).(b)**I understand that the labor and expense to

extend the water connection from the point to which the municipality installs it to the place at which the water is to be used shall be my responsibility and shall be performed at my sole cost.

(c)**I understand that the location of the service or riser, whether on my premises or at some point near my premises, may be decided solely by Hyrum City but the city will attempt to locate the service or riser as close to a preferred point as possible.

2. I understand that Hyrum City reserves the right to cause the irrigation water system upon my premises to be inspected by the city and if the facilities fail to meet the requirements of Ordinance 90-05 or other regulations and policies governing the operation of irrigation water systems as established by the City Council, I will cause the system to be corrected and improved at any own expense to meet the requirements of the city or of any other governmental agency having jurisdiction to regulate irrigation water systems within the city.

3. I will be bound by the rules, regulations, resolutions or ordinances enacted now or hereafter by Hyrum City applicable to the city's irrigation water system.

4. I understand the main purpose for which the water connection will be used is for irrigation of gardens, lawns, shrubbery, plants, and agricultural related uses.

5. I agree that Hyrum City shall have free access to the lines, risers and service installed under this agreement and, at reasonable times, through my property, if necessary.

DATED this__________day of , 2___ ._________________________________(Applicant)

_________________________________(Witness)

13.20.130 Connection-Application by subdivider.Whenever a subdivider or developer desires or is

required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be

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required, all of which shall be fixed by Hyrum City. (Ord. 90-05 § 1 (part): prior code § 14-419)

13.20.140 Connection-Application-Right of refusal.Hyrum City reserves the right to reject any application

for connection to the irrigation system if, in the opinion of the city council, the connection would significantly increase operational costs, substantially impair water delivery to other users, or otherwise prove detrimental to the system. (Ord. 90-05 § 1 (part): prior code § 14-420)

13.20.145 Disconnection/Reconnection.A. Because subscription to municipal irrigation

service is not required by city ordinance, any person who desires to disconnect from the system may do so by submitting a written, notarized statement requesting such disconnection at any time during the calendar year. Said disconnection will become effective on the first day of the month following submission of the request to disconnect. There is no fee for disconnection.

B. Those persons requesting reconnection of a service previously disconnected under the terms of A above, may submit an application under Section 13.20.170 not sooner than twelve months following the initial disconnection. Said reconnection, if approved, will become effective January 1 following the date of application. Said reconnection will be subject to the actual cost to make the connection but will be exempt from further connection and impact fees. (99-07)

13.20.150 Connection-Number and location.A. All service connections will be one and one-half

inches in diameter. Normally, one connection will be provided to each parcel of ground serviced by the irrigation system. However, parcels of 2.00 to 3.99 acres may be served by two separate connec-tions; 4.00 to 6.99 acres may be served by three separate connections; and 7.00 acres or above may receive a maximum of four separate connections. Any number of connections to a single parcel in excess of the number specified in this section requires application to the city council who will determine the merits of each case on an individual basis and render a decision according to its findings. A separate connection fee must be paid for each connection regardless of the number of connections serving a particular parcel of ground; however, only a single monthly user fee is required of multiple connections based on the

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number of connections per parcel size as specified in this section.

B. The connection shall be extended by the city, where possible and practical, to a locking main valve and riser located at any point on the applicant's property line which fronts irrigation system distribution lines of sufficient capacity so as not to reduce pressure or water quantity or otherwise impair service to existing users on the same line. (Ord 92-13 § 1: Ord. 90-05 § 1 (part): prior code § 14-421)

13.20.160 Connection-Fees.The Hyrum City Council sets the connection fee to the

pressurized irrigation system by resolution. Fees charged for a new connection to the irrigation system shall be paid in full prior to the applicant's connection to the system except as provided in subsection A of this section.

A. Deferred Payment of Connection Fees.1. When applicants believe they cannot remit

payment in full of the connection fee prior to connecting to the pressurized irrigation system, the applicant may submit a request to the Hyrum City office for payment of connection fees in accordance with the provisions found in subdivision 2 of this subsection. The request shall state the reasons which support the applicant's belief that payment cannot be made in full at the time of connection to the system.

2. The applicant shall remit ten percent of the total connection fee with application for connection to the pressurized irrigation system, and thereafter pay the remaining balance in nine equal installments. The installments shall be due on the first business day of each month and payments not received by the fifteenth day of the month shall be subject to a late fee, as set by resolution of the City Council. The city will not send to the applicant a monthly statement of the balance due, it being the respon-sibility of the applicant to make the monthly installments on the date due. The city will charge no interest on the unpaid balance; however, if on the last day of any month the installment and penalty for that month remain unpaid, the whole unpaid connection fee balance, together with any and all outstanding or unpaid penalty, shall be due and payable, and following fifteen days'

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written notice, irrigation service to the applicant shall be terminated until the connection fee balance is paid in full.

B. Initial Service Connection Fees Outside Hyrum City Limits. Fees for initial or new service connections to the irrigation system for services located outside Hyrum City limits shall be the same amounts and subject to the same conditions as service connection fees within Hyrum City limits except that all such connections first require written approval from the city council.

C. Distribution System Extensions. If a user or property owner requests irrigation service for property not fronting an existing distribution line, the applicant will be required to submit an application for extension of the distribution system in accordance with the provisions of Section 13.20.540 et seq.

D. Exemptions. Properties currently owned by Hyrum City Corp., or those acquired by the city in the future, are exempt from the provisions of this section. (Ord. 08-06; Ord. 92-18 § 1; Ord. 92-13 § 2: Ord. 90-05 § 1 (part): prior code § 14-422)

13.20.170 Water service-Application by property owners.Any person who desires or is required to secure water

service when such service is available from the municipal water system, shall file with the water department a written application and agreement for the service which shall be in substantially the form set out in Exhibit 13.20.170. (Ord. 90-05 § 1 (part): prior code § 14-423)

Exhibit 13.20.170

HYRUM CITYAPPLICATION FOR IRRIGATION WATER SERVICE

TO THE MUNICIPALITY OF HYRUM, UTAH:

I hereby apply for irrigation water service from Hyrum City Corp. for premises located at and hereby agree:

1, To pay all charges for such water service as are fixed from time to time by the governing body until such

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time as I shall direct such service to be discontinued;

2. That in the event of a failure to pay water charges within the due dates fixed by the governing body or of a failure of the occupant of the premises to conform to the ordinances and regulations established by the governing body regulating the use of the irrigation system, Hyrum City shall have the right to discontinue the irrigation and/or culinary water system service at its election, pursuant to fifteen (15) days' written notice of the municipality's intention, until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to Ordinance 90.05 or regulations issued thereunder is eliminated;

3. To be bound by the rules, regulations, resolutions or ordinances enacted or adopted by the governing body applicable to the municipality's irrigation system; and

4. That Hyrum City shall have the right to institute collection and/or enforcement proceedings by all means available to it, including suit in a court of proper jurisdiction. I agree to pay all costs of collection and enforcement, including court costs and attorney's fees.

I hereby certify that I have read all of the above provisions and agree to the same.

DATED this day of _____________ , 2 .

___________________________ (Applicant)

___________________________ (Witness)

13.20.180 Water service-Application by tenants.Applications for water service made by tenant of any

owner must, in addition to the above requirements, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in substantially the following form:

HYRUM CITYOWNER GUARANTEE

IRRIGATION SYSTEM

In consideration for the acceptance of the application for irrigation water service submitted by _________________(tenant), I (we) will pay for all water

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services for any such tenant or any other occupant of _________________________premises in case such tenant or occupant shall fail to pay for the same according to the ordinances, rules and regulations or resolutions enacted by the municipality.

DATED this _______________day of __________________, 199___.

_____________________________(Owner or Authorized Agent)

_____________________________(Witness)

(Ord. 90-05 § 1 (part)§ prior code 14-424)

13.20.190 User rates, fees and charges.A. The user rates, nonuser assessments, penalty fees

for delinquency in payment, connection fees, inspection fees, reconnection fees, and other charges incidental to connection and services from the city’s irrigation water system shall be fixed from time to time by resolution enacted by the city council. The city council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for irrigation water services and all other rules necessary for the management and control of the irrigation department. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.

B. Special Rates. Upon such terms and conditions as they may deem proper, the city council may, from time to time, fix by agreement or resolution special rates and conditions for users using exceptional large amounts of water or making use of the irrigation system under exceptional circumstances. (Ord. 08-06)

13.20.200 Use without payment prohibited-Tampering with prohibited.

It is unlawful for any person by himself, family, servants or agents to utilize the irrigation water system without paying therefor, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the system of irrigation water supply unless it is done pursuant to proper application, agreement or resolution. It is unlawful to injure, deface or impair any part or appurtenance of the water system, or to cast anything into any reservoir or

13.20-11

facilities appurtenant or contributing to the irrigation water system. (Ord. 90-05 § 1 (part): prior code § 14-426)

13.20.210 Delinquent accounts-Policies.City policies for delinquent accounts and restoration

fees for service which has been interrupted are as follows. (Ord. 90-05 § 1 (part): prior code § 14-427 (part))

13.20.220 Billing-Statement-Form.The irrigation department shall furnish to each user

and nonuser (as defined in Section 13.20.190 (B)), or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of irrigation water service charges or nonuser fees assessed against him once each month or at such other regular intervals as the city council shall direct. This statement may appear on the city's monthly utility billing form in conjunction with billings for other utility services provided by the city to the user or nonuser. (Ord. 90-05 § 1 (part): prior code § 14-427 (A))

13.20.230 Billing-Content-Payment.The statement shall specify the amount of the bill for

irrigation water service, or nonuser assessment, as the case may be, the place of payment and the date due. If any person, firm or corporation fails to pay within fifteen days of due date, which due date is specified to be fifteen days from the billing date as indicated on the billing form, the charges due for irrigation water service, or nonuser assessment fees, as the case may be, received by the person, firm or corporation as indicated on the statement furnished by the city, the city shall give the person, firm or corporation notice in writing of intent to discontinue or interrupt irrigation water service to the premises of the person, firm or corporation unless the amount due is paid in full within fifteen days from the date of the notice. (Ord. 93-02 § 1 (part): Ord. 90-05 § 1 (part): prior code § 14-427 (B))

13.20.240 Interruption for nonpayment.If the irrigation water service or culinary water

service is thereafter discontinued for failure to make payment, the user or nonuser must pay the account balance in full, including service restoration fees, and any other penalties or security deposits prescribed or that may be prescribed by the city council before the irrigation or culinary water service to the premises shall again be re-stored. The city treasurer or deputy are authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of Hyrum City. Interruption of irrigation and/or culinary water service for

13.20-12

nonpayment shall not cause the monthly nonuser assessment or user fee to be abated, but such assessment or fee shall continue to accrue to the premises and user at the minimum rates established under the provisions of the applicable ordinance or resolution. (Ord. 90-05 § 1 (part): prior code § 14-427 (C))

13.20.250 Appeal-Board.The city council constitutes a board of equalization of

irrigation and culinary water service to hear complaints and make adjustments to any assessments deemed to be illegal, unequal or unjust. (Ord. 90-05 § 1 (part): prior code § 14-427 (D))

13.20.260 Billing-Interruption of service for nonpayment-Appeal.

Any user or nonuser of the irrigation water service, having received a written notice from Hyrum City of intent to interrupt either irrigation or culinary water service for nonpayment shall have the opportunity within ten days from the date of notice of intent to interrupt irrigation or culinary water service to request a hearing before the city council concerning the same, which hearing shall be held at the next regularly scheduled meeting of the city council or as soon thereafter as is reasonable. In the event a hearing is so requested, all further action by the irrigation department or city treasurer shall be stayed until such hearing is duly held and appropriate action pursuant thereto authorized and directed by the city council. Any user or nonuser failing to request a hearing within ten days from the date of notice shall forfeit any stay of collection procedures as outlined in this chapter. (Ord. 90-05 § 1 (part): prior code § 14-427 (E))

13.20.270 Billing-Interest.Any customer account becoming delinquent, which

delinquency is defined as being thirty-one or more days from billing date as indicated on the billing form, shall be subject to an interest penalty of one and one-half percent per month (eighteen percent annual percentage rate) on the unpaid or delinquent arrears balance for irrigation service or nonuser assessment fees, as the case may be, which shall begin to accrue on the thirty-first day after the billing date. (Ord. 93-02 § 1 (part): Ord. 90-05 § 1 (part): prior code § 14-427 (F))

13.20.280 Service restoration fee.Any irrigation or culinary water service interrupted as

a result of nonpayment shall be subject to a fifteen-dollar service restoration fee. The fee shall be paid prior to reconnection or restoration of that service. (Ord. 90-05 § 1

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(part): prior code § 14-427 (G))

13.20.290 Illegal reconnection or service restoration.It is unlawful for any person, after the irrigation

and/or culinary water has been turned off from the premises for nonpayment of irrigation water user fees, nonuser assessments, or other violations of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or to allow the irrigation and/or culinary water to be turned on or used without authority from the irrigation department. Each violation shall be a class B misdemeanor and each day a violation is allowed to continue shall be considered a separate offense. Punishment for such violations shall be as set forth in Chapter 9.12 of this code. (Ord. 90-05 § 1 (part): prior code § 14-427 (H))

13.20.300 Billing-Interruption of service-Notice of intent.Written notice of intent to discontinue or interrupt

irrigation water service to the premises of a user shall be known as the “final notice” and shall be in substantially the form as set out in Exhibit 13.20.300. (Ord. 90-05 § 1 (part): prior code § 14-427)

Exhibit 13.20.300FINAL NOTICE

(No other notice shall be given prior to shut-off - This notice does not release the user from honoring any prior agreements)

Your utility account is delinquent and if the arrears portion of the bill is not paid in full by the due date on the billing, service will be shut off without further notice at 8:00 a.m., (date).

Before services to said person or entity shall again be provided, the following fees must be paid:

1.**The current full balance of the utility accounts;2.**A reconnection fee of $15 for each service interrupted; and3.**A new or additional customer deposit calculated according to city ordinance.

If you disagree with any part of this notice and believe that you have a valid reason why your service should not be discontinued please request a hearing before the City Council by phoning 245-6033 within ten (10) days from the date of this notice.

HYRUM CITY CORPORATION

13.20-14

83 WEST MAINHYRUM, UTAH 84319PHONE 245-6033

Account No._________________________Mailing Date:_______________________Shut-Off Date:______________________Current Balance:____________________Arrears Balance:____________________

By order of the Mayor and City CouncilElectric, Water, Sewer, Irrigation, & Garbage Collection

Hyrum City CorporationHyrum, Utah 84319

13.20.310 Damaged equipment-Repair-Liability.All damages or injury to lines, meters or other

materials of the municipality on or near the customer's premises caused by any act or neglect of the customer shall, in the discretion of Hyrum City, be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney's fee, which may arise or accrue to the municipality through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer. (Ord. 90-05 § 1 (part): prior code § 14-428)

13.20.320 Nonliability for damage.The municipality shall not be liable for any damage to

a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the municipality beyond that provided in the Governmental Immunity Act. (Ord. 90-05 § 1 (part): prior code § 14-429)

13.20.330 Disposition of funds.All connection fees and monthly user charges collected

under the provisions of this chapter shall be used to meet the operation and maintenance cost of the system; debt service on obligations appertaining to the construction of such system; the payment of actual construction costs associated with the completion of the system; and such other allocations as city council may by resolution provide. (Ord. 90-05 § 1 (part): prior code § 14-430)

13.20.340 Service-Individual unit-Defined-Requirement.A water connection shall be required for each

individual unit as established in Hyrum City. For the

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purpose of this chapter an “individual unit” is defined as a separate residence and lot, garden lot or tract, vacant lot or other unit for use as served by irrigation water, whether or not maintained in the same group as other units or parcels and each separate unit shall be required to pay minimum rates herein specified. (Ord. 90-05 § 1 (part): prior code § 14-441)

13.20.350 Unauthorized users.It is unlawful for any water service user to permit any

person from other premises or any unauthorized person to use or obtain water service regularly from his premises or water facilities, either outside or inside his premises. (Ord. 90-05 § 1 (part): prior code § 14-442)

13.20.360 Combination usage.It is unlawful for two or more families or service

users to be supplied from the same service pipe, connection, riser or water outlet or discharge unless special permission for such combination usage has been granted by the city council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withhold-ing of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the municipality for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the municipality to require separate pipes or connections at a subsequent time. (Ord. 90-05 § 1 (part): prior code § 14-443)

13.20.370 Interconnection with culinary system prohibited.No interconnection, cross-connection, or other joining

of the culinary and irrigation systems by any existing or future water user of the city shall be permitted, and any such interconnection shall be punishable by a fine of not more than two hundred ninety-nine dollars and/or thirty days in jail, and the owner of record of such property found to have such interconnection upon it shall bear all costs associated with the destruction and removal of such interconnecting device or apparatus. (Ord. 90-05 § 1 (part): prior code § 14-444)

13.20.380 Open discharge.There shall be no open discharge of water from the

pressurized irrigation water system. Any discharge not out of a sprinkler or nozzle shall be a violation of this section and shall be punishable by a fine of not more than two hundred ninety-nine dollars and/or thirty days in jail, and the owner of record of such property found to have any

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open discharge shall bear all costs required to repair or rectify the violation. (Ord. 90-05 § 1 (part): prior code § 14-445)

13.20.390 Unlimited water use.Except during those times when the city council may

find that a shortage exists, no limitation shall be placed on the usage of irrigation water. Water meters shall not normally be installed at each irrigation system connection; provided, however, that the city council may determine that it is necessary to monitor water use through any irrigation system connection or combination of connections and may require installation of water meters and establish rates based upon water usage. (Ord. 90-05 § 1 (part): prior code § 14-446)

13.20.400 Scarcity of water.In times of scarcity of water, whenever it shall, in

the judgment of the mayor and city council, be necessary, the mayor shall, by proclamation, limit the use of water to such extent as may be necessary. It is unlawful for any person, his family, servants or agents to violate any proclamation made by the mayor in pursuance hereof. (Ord. 90-05 § 1 (part): prior code § 14-447)

13.20.410 Periods of irrigation service.The city council shall, in consultation with the

watermaster and a designated representative of the Hyrum Irrigation Company, determine the dates when water shall be available through the pressurized irrigation system, and when such service shall be terminated at the end of the irrigation season. (Ord. 90-05 § 1 (part): prior code § 14-448)

13.20.420 Wastefulness.A. It is unlawful for any water user to waste or

otherwise misuse irrigation water through overwatering or permitting any other wasteful use of water on his property.

B. It is unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinklers or outlets as will in the opinion of the watermaster materially affect the pressure of the water supply in the system or any part thereof and the city council may from time to time specify by resolution the number, size and combination of outlets fed by a single connection.

C. Users of water from the irrigation water system shall exercise good judgment and make all possible efforts to conserve water. If, in the opinion of

13.20-17

the watermaster or of any of the officers of the municipality, a user of irrigation water engages in practices which result in the needless waste of water and continues to do so after the notice to discontinue wastefulness has been given, the watermaster or any office may refer the matter to the city council.

D. The city council may thereupon consider ter-minating the right of the individual to use irrigation water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five days prior to the meeting of the city council at which termination of water service is to be considered. The notice shall inform the user of the time and place of the meeting and of the charges which lead to the consideration of the termination.

E. A water user whose right to utilize irrigation water is being reviewed shall have the opportunity to appear with or without counsel and present his reasons why his water service should not be discontinued.

F. After due hearing, the city council may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, it shall notify him of the decision and of the period during which the service will remain discontinued. (Ord. 90-05 § 1 (part): prior code § 14-449)

13.20.430 Maintenance of facilities.All users of irrigation water service shall keep their

service pipes, connections, risers and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the watermaster, shall be allowed to dig into the street for any purpose of laying, removing or repairing any service pipe. (Ord. 90-05 § 1 (part): prior code § 14-450)

13.20.440 Use of faulty equipment prohibited.It is unlawful for any water user to allow irrigation

water to be wasted by leaking stops, taps, valves, joints, risers, hoses, sprinklers or pipes, or any other irrigating equipment, or to overflow stock watering tanks or troughs. (Ord. 90-05 § 1 (part): prior code § 14-451)

13.20.450 Service pipes-Installation-Location-Quality.A. All service and other pipes used in conjunction

with the irrigation water distribution system piping of the municipality shall be of such

13.20-18

material, quality and specifications as the city council may, from time to time by resolution, provide and shall be installed at such depth, slope or grade and with such valves, drainage devices, and appurtenances as may be specified by regulations relating to the irrigation water department. All work, alterations or extensions affecting irrigation pipes shall be subject to the acceptance of the watermaster and no connections with any water mains shall be made without first obtaining a permit therefor from the water- master.

B. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the watermaster and subject to such requirements relating to con-trols as may be imposed by him. (Ord. 90-05 § 1 (part): prior code § 14-452)

13.20.460 System maintenance.The municipality shall not be responsible for

maintenance of any pipes, valves, sprinklers or other irrigating equipment beyond the main, locking valve for each service located on or near the property line. The city shall be responsible to maintain, repair or replace the locking shut-off valve at the riser or where the owner's system connects to the municipality's distribution system at the property line but shall under no conditions be responsible for leaks or other problems caused by faulty or worn equipment on the owner's irrigation system. (Ord. 90-05 § 1 (part): prior code § 14-453)

13.20.470 Unauthorized use prohibited.It is unlawful for any water user to use irrigation

water for purposes other than for those which the user has applied, or to use water in violation of the rules and regulations for controlling the water supply. (Ord. 90-05 § 1 (part): prior code § 14-461)

13.20.480 Urban and agricultural uses.The primary uses of irrigation water from the system

includes irrigation of crops, gardens, lawns, shrubbery, plants, pastures, stock watering, and similar agricultural-related uses and for washing driveways, etc.; provided, that proper sized nozzles have been installed at all times on hoses used for most outdoor purposes except that culinary water may be used on a limited basis for car washing, animal watering, watering small plants, etc. (Ord. 90-05 § 1 (part): prior code § 14-462)

13.20.490 Use of water for dust control.

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A. Use of Culinary Water for Dust Control or Other Construction or Related Purposes. Persons requesting use of culinary water for sprinkling purposes shall make application to the superintendent who will determine the availability of water for such purposes and the location of the hydrant or other point of filling the sprinkling tank or vehicle. Water thus used shall be billed at the standard overage charge in effect for users within city limits.

B. Use of Irrigation Water for Dust Control or Other Construction or Related Purposes. Persons requesting use of irrigation water for sprinkling purposes shall make application to the watermaster who will determine the availability of water for such purposes and the method and point of filling the sprinkling tank or vehicle. Water thus used shall be billed at the standard overage charge in effect for culinary water used within city limits. (Ord. 90-05 § 1 (part): prior code § 14-463)

13.20.500 Fire suppression.All hydrants intended to be used to supply water for

fire suppression must be connected to the culinary water system. The fire chief may, where the culinary system fails to provide adequate water to meet any emergency, supplement culinary water with irrigation water for fire suppression activities. (Ord. 90-05 § 1 (part): prior code § 14-464)

13.20.510 Ponds and fountains.Water from the irrigation system shall not be used to

fill or maintain water levels in decorative ponds, sprinklers or fountains. (Ord. 90-05 § 1 (part): prior code § 14-465)

13.20.520 Stock watering.Water from the irrigation system shall not be used to

fill or maintain water levels in stock watering tanks or troughs unless the inlet valve, tap or orifice is one-fourth inch smaller or the flow is restricted to fifteen gallons per minute and the manual or automatic stop does not allow the tank to overflow. (Ord. 90-05 § 1 (part): prior code § 14-466)

13.20.530 Use for driving machinery.No water shall be supplied from the pipes of the

municipal irrigation system for the purpose of driving motors, syphons, turbines or other wheels, or any hydraulic engines or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for such purpose except by special permission of the

13.20-20

city council. (Ord. 90-05 § 1 (part): prior code § 14-467)

13.20.540 Permits for installation or repair.It is unlawful for any person to lay, repair, alter or

connect any water line to the municipal irrigation water system without first having obtained a construction permit from the irrigation department. (Ord. 90-05 § 1 (part): prior code § 14-481)

13.20.550 Outlets to be identified.All taps, faucets, spigots or any other irrigation

water outlet accessible to any person who may attempt to use the water for culinary purposes must be clearly identified as a source of nonpotable water, unsuitable for drinking. (Ord. 90-05 § 1 (part): prior code § 14-482)

13.20.560 Extension of water mains within municipality.A. Any person or persons, including any subdivider

who desires to have the water mains extended within the municipality, and is willing to advance the whole expense of such extension, may make application to the city council by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension, together with an offer to advance the whole expense thereof, which costs shall be verified by the watermaster. The city council may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the municipality. Such extension, when completed, shall become a part of Hyrum City's irrigation water system.

B. Upon the receipt of such petition and map and before the petition is granted, the city council shall obtain from the watermaster a certified statement showing the whole cost of expense of making such extensions.

C. If the city council grants the petition, the amount of the cost of making the extension, as certified by the watermaster, shall be deposited with the city recorder before any work shall be done on such extensions. The deposit shall be made within thirty days, or other such time as the city council shall indicate after granting thereof.

D. 1. At the time the city council decides whether or not to grant a petition for an extension, it shall also decide whether or not any portion of the cost is to be refunded and the manner and circumstances under which such refund shall be made or credited to the

13.20-21

applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.

2. In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the irrigation fund.

E. Any such extension shall be deemed the property of the municipality. (Ord. 90-05 § 1 (part): prior code § 14-483C14-487)

13.20.570 Violation-Penalty.Without altering or diminishing the effect of any other

sanction, penalty or consequence provided in this chapter, the violation of, failure to observe or omission to comply with any provision of this chapter, shall be a criminal offense, and unless otherwise provided, shall be punishable by a fine of up to two hundred ninety-nine dollars or ninety days in jail, or both. Each day of continued violation shall be a separately punishable offense and this section shall be in addition to any other penalty, sanction, consequence or remedy for enforcement of this chapter. (Ord. 90-05 § 2)

13.20-22

Chapter 13.24

DELINQUENT MUNICIPAL UTILITY ACCOUNTS

Sections:13.24.010 Electrical and water service-Notice of intent

to disconnect-Appeal.13.24.020 Sewer and garbage collection-Notice of intent

to discontinue-Appeal.13.24.030 Restoration of service-Prerequisites.13.24.040 Restoration of service-Fee.13.24.050 Provisions constitute additional remedy.

13.24.010 Electrical and water service-Notice of intent to disconnect-Appeal.

If any person or other entity fails to pay, within fifteen days of the due date, which due date is specified to be fifteen days from the billing date as indicated on the billing form, the charges due for municipal electrical and/or water services received by the person or entity as indicated on the statement furnished by the city, the city treasurer or the office manager shall give the person or entity notice in writing of intent to discontinue electrical and/or water service to the premises of the person or entity, unless the amount due is paid in full within fifteen days of the date of the notice. The notice shall be in substantially the same form as that set forth in Exhibit 13.24 and shall also indicate that each person or entity receiving the notice shall have the opportunity within ten days of the date of the notice to request a hearing before the city council concerning the same, which hearing shall be held at the next regularly scheduled meeting of the city council or as soon thereafter as is reasonable. In the event a hearing is so requested, all further action by the city shall be stayed until such hearing is duly held and appropriate action, pursuant thereto, authorized and directed by the city council. Any utility account becoming delinquent which delinquency is defined as being fifteen or more days from the billing date as indicated on the billing form, shall be subject to an interest penalty of one and one-half percent per month (eighteen percent APR) on the unpaid or delinquent arrears balance for electrical and/or water services furnished by the city. (Ord. 81-3 § 1 (a): Ord. 80-7 § 1)

13.24.020 Sewer and garbage collection-Notice of intent to discontinue-Appeal.

If any person or other entity fails to pay, within fifteen days of the due date, which due date is specified to be fifteen days from the billing date as indicated on the

13.24-1

billing form, the charges due for municipal sewer and/or garbage collection services received by the person or entity as indicated on the statement furnished by the city, the city treasurer or office manager shall give the person or entity notice in writing of intent to discontinue sewer and/or garbage collection services to the premises of the person or entity, unless the amount due is paid in full within fifteen days of the date of the notice. The notice shall be in substantially the same form as that set forth in Exhibit 13.24 and shall also indicate that each person or entity receiving the notice shall have the opportunity within ten days of the date of the notice to request a hearing before the city council concerning the same, which hearing shall be held at the next regularly scheduled meeting of the city council or as soon thereafter as is reasonable. In the event a hearing is so requested, all further action by the city shall be stayed until such hearing is duly held and appropriate action, pursuant thereto, authorized and directed by the city council. Any utility account becoming delinquent which delinquency is defined as being fifteen or more days from the billing date as indicated on the billing form, shall be subject to an interest penalty of one and one-half percent per month (eighteen percent APR) on the unpaid or delinquent arrears balance for sewer and/or garbage collection services fur-nished by the city. (Ord. 81-3 § 1 (b): Ord. 80-7 § 2)

13.24.030 Restoration of service-Prerequisites.If water service is thereafter discontinued for failure

to make payment of water and/or sewer service charges, such service shall be restored only after full compliance by the user with the terms and conditions of Sections 13.04.100C13.04.160 and 13.12.070C13.12.130, except where the sections are in direct conflict with this chapter. If electrical and/or garbage service is thereafter terminated for failure to make payment of electrical and/or garbage service charges, then before the electrical and/or garbage service to the premises shall again be provided, all delinquent electrical and/or garbage service charges must have been paid to the treasurer or arrangements made for their payment in a manner satisfactory to the municipality. Furthermore, in addition to such payments and penalties, the delinquent customer may be required to make and file a new application and deposit if the previous deposit has been therefore applied to the payment of delinquent bills. The treasurer/office manager is authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the municipality. (Ord. 81-3 § 1 (c): Ord. 80-7 § 3)

13.24.040 Restoration of service-Fee.

13.24-2

In the event water is turned off for nonpayment of water charges, or for nonpayment of sewer charges, or in the event electrical services are terminated for nonpayment of electrical charges, then before the respective service to the premises shall again be provided, the user shall pay, in addition to all delinquent charges, an extra charge in an amount set by resolution of the City Council for the restoration of the respective municipal service. In the event that both electrical and water service is terminated, such extra charge shall be assessed and collected in connection with the restoration of each municipal service. (Ord. 08-06; Ord. 81-3 § 1 (d): Ord. 80-7 § 4)

13.24.050 Provisions constitute additional remedy.Utilization of the provisions of this ordinance shall

not be construed as an election of remedies by the city, but shall be viewed as being in addition to any other remedies which are available by law to the city enforcing the collection of any sums which are due thereto. (Ord. 80-7 § 5)

Exhibit 13.24

FINAL NOTICE

Your utility account is delinquent and if not paid IN FULL within 15 days, service will be shut off WITHOUT FURTHER NOTICE.

Before services to said person or entity shall again be provided, all delinquencies must be paid in full, together with a $15.00 reconnection fee for each service interrupted. If you disagree with any part of the Notice, or believe that you have a valid reason why your service should not be discontinued, please request a hearing before the City Council by phoning 245-6477, within ten (10) days form the date of this Notice.

Acct. No. Mailing date_______________Shut Off Date__________Amount Due___________________________

BY ORDER OF THE MAYOR AND CITY COUNCILElectric, Water, Sewer & Garbage Collection

Hyrum City CorporationHyrum, Utah 84319

13.24-3