§ 215-1. Purpose.

This article regulates the use of the public water system, connections to the water system, the installation and use of private wells, and provides penalties for any violations.

§ 215-2. Use of water system restricted.

Except for authorized City personnel, a person shall not uncover, alter, repair, make or use any water service installation connected to the City water system except pursuant to an application and permit as provided in this article. A person shall not make or use any such installation contrary to the regulatory provisions of this article.

§ 215-3. Definitions.

Unless the context specifically indicates otherwise, the meaning of the terms used in Article I shall be as designated.

CORPORATION VALVE

The valve tapped on the water main which supplies water through a service line to a structure.

STOP BOX

The valve, located near the curb, used to shut off the water supply to a structure. It is also known as a "curb stop."

§ 215-4. Use of public water system required.

A. Installation of and connection to water system required. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the City and abutting on any street, alley or right-of-way in which there is now located a City water main are by this article required at their expense to connect to the City water system in accordance with the provisions of this article within 90 days after the date of official notice by the City Council to do so, provided that the City water main is within 300 feet of the owner's property line, except where the Council determines that the connection is not feasible due to topography or subsurface conditions or that an existing well servicing said property provides water meeting all applicable federal, state, and local standards for human consumption.

B. Failure to connect. If an owner fails to connect to a public water main in compliance with a notice given under Subsection A, the City shall undertake to have the connection made and shall assess the cost of the connection against the benefited property. The assessment, when levied, shall bear interest at the rate determined by the Council and shall be certified to the County Auditor of the County of Wabasha, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any penalties or remedial or enforcement provisions of this article.

§ 215-5. Private water wells.

A. Construction permit. In all zoning districts the construction or reconstruction of any well, which involves drilling or casing insertion, requires a permit from the City.

B. Application and fee. Application for a well permit shall be made on a form provided by the Clerk/Treasurer. (See Appendix B.) The application shall contain the information required on the form and shall be accompanied by the fee as specified in Appendix A, located as an attachment to this chapter. Editor's Note: Appendixes A and B are on file in the office of the Clerk/Treasurer.

C. Council consideration. The Council shall study the proposed well location, design, depth, capacity, cost, the proposed water use, and consider the impact of the proposed private well upon present and planned public water supply and the health, safety and welfare of the City and surrounding areas. The Council shall by resolution or motion authorize issuance of the permit only if it finds facts that show and determine that the health, safety and welfare of the public require it.

D. Abandoned private wells. A private well that is abandoned shall be capped and filled pursuant to the State Health Code.

E. Private water supply. A water pipe of the City water supply system shall not be connected with any pump, well, or tank that is connected with any other source of water supply. When any connection is found, the Clerk/Treasurer shall notify the owner to sever the connection and, if this is not done immediately, the City shall turn off the water supply immediately. Before any new connection to the City system is permitted, City employees shall ascertain that a cross-connection will not exist when the new connection is made.

§ 215-6. Application for City water service.

A. Procedure. Application for a water service installation and for water service shall be made to the Clerk/Treasurer. Application shall be made by the owner or by the owner's agent on forms furnished by the City. (See Appendix C.) The application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City. The applicant's signature shall be an agreement to conform to this article and to rules and regulations that may be established by the City as conditions for the use of City's water system.

B. Fees. At the time of making application, the applicant shall pay to the City the amount of the fees required for the installation of the service connection as specified in Appendix A, located as an attachment to this chapter. Editor's Note: Appendixes A and C are on file in the office of the Clerk/Treasurer.

§ 215-7. Water service connections.

A. General regulations.

(1) Authorized installation. Only a City employee or a bonded, licensed and insured contractor, approved in advance by the Council, shall install a service line in a City right-of-way. Approval of such contractors shall be by motion or resolution of the Council and effective unless or until revoked by majority vote. The Clerk/Treasurer shall maintain a list of approved contractors.

(2) Materials and installation specifications. The pipe and fittings used to make a connection shall meet the specifications in Appendix D. Editor's Note: Appendix D is on file in the office of the Clerk/Treasurer. The installation shall conform to the drawing in the same appendix.

(3) Future connections. Future connections to the City water system shall be limited in accordance with the availability of sufficient water supply from the publicly owned wells and adequate storage tank capacity.

B. New connections.

(1) Connection permit. The property owner or the owner's agent shall apply to the Clerk/Treasurer for a permit to install a connection to a water main. (See Appendix C. Editor's Note: Appendix C is on file in the office of the Clerk/Treasurer. )

(2) Installation cost. The applicant shall pay the cost of installing the service line from the main to the structure being serviced. This includes the cost of pipe and appurtenances and of making the necessary connections and taps and any street repairs.

(3) Water availability charge (WAC charge). The application must be accompanied by the full payment of the WAC charge to connect to the City water system. The WAC fee is set forth in Appendix A, located as an attachment to this chapter, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. and shall be charged to each residential equivalent unit as defined by Section 820.

(4) Street repair costs. At the time application is made, the applicant shall deposit the estimated amount necessary to repair damaged blacktopping. This deposit shall be placed in escrow and the blacktop repair bill shall be paid out of it. Any remaining balance shall be refunded to the applicant. Any blacktop repair costs that exceed the deposit shall be paid by the applicant.

(5) Connection and inspection. The applicant shall arrange a time with the Public Works Department to make the installation. At least two working days' notice shall be given. Connections within the right-of-way shall be made under the supervision of the Public Works Department. The installation from the main to the structure being serviced shall not be covered until inspected and approved by the Public Works Department.

C. Repair or replacement of connections.

(1) Construction permit and inspection fee. Application for a permit to repair or replace a waterline from the right-of-way to the structure being serviced shall be made to the Clerk/Treasurer. The construction permit and inspection fee, as specified in Appendix A, located as an attachment to this chapter, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. shall be paid at the time the application is made.

(2) Repair cost. The cost of making repairs to the waterline from the curb stop to the water main within a right-of-way and any street repairs shall be borne by the City. If there are any additional costs from the curb stop to the property that stem from a maintenance or replacement of the service type, then the consumer or owner shall be responsible for that cost. If the City is involved in maintaining or replacing the service type, it shall have the discretion as to what that cost would be.

(3) Installation and inspection. The applicant shall arrange with the Public Works Department in advance to inspect repairs or replacement of a waterline from the curb stop to the structure being serviced. The service line and connection to the curb stop shall not be covered until the installation is inspected and approved by the Supervisor.

§ 215-8. Protection of public and City.

A. Permit and bond. A permit for construction of a water main, stub or connection shall be issued only upon application by a person who has furnished a bond either to the Clerk/Treasurer or to the Secretary of State under Minn. Stat. § 326B.46. The bond shall be in the amount specified in the fee schedule (See Appendix A. Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. ) and conditioned to secure compliance by the principal with the provisions of this chapter and to secure the person's performance of all work undertaken within the City.

B. Liability insurance. Before undertaking the construction work authorized by the permit, the person shall secure and maintain a policy of insurance against damages to property or injury or death to individuals. The policy shall indemnify and hold harmless the City and its personnel against any claim, damages or cause of action arising out of the work and from any expenses of defending the action. The property damages insurance coverage shall be in the amount of at least $500,000 per occurrence with $1,000,000 annual aggregate or $1,000,000 per occurrence with $2,000,000 annual aggregate. Proof of insurance shall be filed with the City prior to construction work. The policy shall provide that the City shall be notified immediately of any termination or modification of such insurance. If the insurance coverage is inadequate, the person shall indemnify and save harmless the City and its personnel in like manner.

C. Indemnification by owner. The owner shall bear the costs and expenses incurred by the installation and connection of the extension of water service to private property. The owner shall indemnify the City for any loss or damage directly or indirectly caused by its installation. The Clerk/Treasurer shall establish rules and regulations for the proper implementation of these requirements which, when approved by the Council by resolution or motion, shall govern the installation and connections.

§ 215-9. General water regulations.

A. Discontinuance of service. The City may discontinue service to any water consumer without notice for necessary repairs, or upon notice as provided in Section 405.06, Subd. 2D, for nonpayment of charges or for violation of rules and regulations affecting utility service.

B. Turning off for nonemergency. Any water user who requests the City to turn off water service to their dwelling or building for any nonemergency purpose (e.g., seasonal use only) shall pay a service fee as specified in Appendix A, located as an attachment to this chapter, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. prior to the water being turned on again.

C. Supply from one service. Not more than one house or building shall be supplied from one service connection except by permission of the Council. Whenever two or more parties are supplied from one pipe connecting with a service main, each building or part of building separately supplied shall have a separate stop box and a separate meter.

D. Turning on water, tapping mains. Except for authorized City employees, a person shall not turn on any water supply at the stop box, tap any distributing main or pipe or insert a stop cork or other appurtenance in the water supply system without a City permit.

E. Repair of leaks. The consumer or owner shall be responsible for maintaining the service pipe from the curb box into the building served. If the consumer fails to repair any leak in the service pipe within 24 hours after notice by the City, the City may turn off the water. The water shall not be turned on again until the sum, as specified in Appendix A, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. located as an attachment to this chapter, has been paid to the City. When the waste of water is great or damage is likely to result from the leak, the City shall turn the water off immediately upon giving notice if repair is not commenced immediately by the owner.

F. Use of fire hydrants. Except for authorized City personnel, a person shall not operate a fire hydrant without first obtaining authority to do so from the Public Works Director or City Clerk/Treasurer.

G. Restricted hours. Whenever the Council determines that a shortage of water threatens the City, the Council may by resolution or motion limit the times and hours during which City water may be used for sprinkling, irrigation, car washing, air conditioning, or other specified uses. After publication of the resolution or motion, or two days after the mailing of the resolution or motion to each customer, a person shall not use or permit water to be used in violation of the resolution or motion. Any customer who does so shall be charged a sum, as specified in Appendix A, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. located as an attachment to this chapter, for each day of violation. This charge shall be added to the customer's next water bill. If the emergency requires immediate compliance with terms of the resolution or motion, the Council may provide for the delivery of a copy of the resolution or motion to the premises of each customer. Any customer who has received this notice and thereafter uses or permits water to be used in violation of the resolution or motion shall be subject to the above charge. Continued violation shall be cause for discontinuance of water service, pursuant to the notice provisions in Section 405.05, Subd. 2D.

§ 215-10. Meters.

A. Meter required. Except for extinguishing fires, only authorized City employees shall use water from the City water supply system or permit water to be drawn from the water supply system unless the water passes through a meter supplied or approved by the City. Unless authorized by the Public Works Department, a person shall not connect, disconnect, take apart, or in any manner change or interfere with any meter, remote reader, sending wires, or their use.

B. Maintenance. The City shall maintain and repair at its expense any meter that has become unserviceable through ordinary wear and tear and shall replace it if necessary. Where repair or replacement is made necessary by act or neglect of the owner or occupant of the premises it serves, any City expense caused by the act or neglect shall be charged to the water consumer, and water service may be discontinued until the cause is corrected and the amount is paid.

C. Complaints, meter testing. When a consumer complains that the bill for any past service period is excessive, the City shall have the meter read on request. If still dissatisfied, the consumer may have the meter tested by the City. This test shall be done after the consumer has applied on a form provided by the City. If the test shows the customer's meter is inaccurate by more than 5% above the City's standard test meter, the homeowner shall be refunded for the amount in error of the read for that quarter, an accurate meter shall be installed and the bill shall be adjusted accordingly. The adjustment shall not extend back more than one quarter monthly cycle from the date of the application. If the City meter tests accurate to within 5% the homeowner will incur all costs of said testing.

D. Meters property of City. Water meters are the property of the City and may be removed or replaced when deemed necessary by the Council or its designee.

E. Meter readings and inspection. Authorized meter readers shall have free access at reasonable hours of the day to all parties of every building and premises connected with the City water supply system in order to read meters and make inspections.

§ 215-11. Plumbing regulations.

A. Service pipes. Every service pipe shall be laid with sufficient bend to allow not less than one foot of extra length and in such manner to prevent rupture by settlement. The service pipe shall be placed not less than six feet below grade and be so arranged to prevent rupture by freezing. A shutoff or other stop cork with waste valve of the size and strength required shall be placed close to the inside wall of the building and be well protected from freezing. Copper tubing shall be used for all services of two inches diameter or less. Joints on copper tubing shall be as few as possible and not more than one joint shall be used for a service up to 70 feet in length. Each joint shall be left uncovered until inspected by the City. Every service over two inches shall be cast iron. Connection with the main for domestic supply shall be at least 3/4 inch per residential unit or equivalent.

B. Water meter placement. Every water meter shall be installed in accordance with the following provisions:

(1) The water pipe connecting with the City's water main shall not exceed two feet under the basement floor.

(2) The meter shall not be placed more than 12 inches horizontally from the inside line of the exterior basement wall unless a different position is approved by the Council.

(3) The water pipe shall be brought through the basement floor in a vertical position. Never shall more than 12 inches of pipe be exposed above the basement floor.

(4) Each meter installation shall have a backflow preventer and then a stop and waste valve installed on the street side of the meter. The stop and waste valve shall be 12 inches above the floor.

(5) The bottom of the meter shall be at least six inches above the finished floor but not more than 12 inches. A suitable bracket shall be provided to support the meter in a proper vertical position and prevent noise from vibration.

(6) A stop and waste valve shall be installed on the house side of the meter.

(7) The meter must be easily accessible at all times for reading, maintenance and repair.

(8) Deviation from the installation specifications in this subsection shall be by Council approval only.

C. State and federal regulations. Notwithstanding the provisions of this article, all installations must comply with applicable federal, state and local government regulations. If federal, state or county regulations conflict with any provisions of this section, the federal, state and county regulations shall take precedence.

§ 215-12. Service disconnections.

If a structure is demolished and water service is no longer needed, the water supply line must be disconnected from the curb stop and removed. Eight inches of service line shall be left on the curb stop and then crimped.

A. Authorized disconnection. Only a City employee or contractor meeting the requirements of § 215-7A(1) shall disconnect a service line from the curb stop.

B. Permit and inspection fee. Application for a permit to disconnect a service line from a City water main shall be made to the Clerk/Treasurer. (See Appendix F. Editor's Note: Appendixes A and F are on file in the office of the Clerk/Treasurer. ) The disconnection permit and inspection fee, as specified in Appendix A, located as an attachment to this chapter shall be paid at the time the application is made. The disconnection shall not be covered until it is inspected and approved by the Public Works Department.

C. Disconnection cost. The property owner shall pay the cost of making the necessary disconnection.

§ 215-13. Violations and penalties.

A. Notice to violators. Any person found to be violating any provision of this article shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction of the violation. The offender shall, within the period of time stated in the notice, permanently cease all violations.

B. Convictions. Any person who continues any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor. Each day in which any violation continues shall be deemed a separate offense, and where special agreements provide a penalty, the penalty shall be used.

C. Liability for expense. Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage caused to the City by reason of the violation.