Water & Sewer - Town Code, Chapter 28 TOWN OF MIDWEST ORDINANCE NO. 2019-5 AN ORDINANCE AMENDING ORDINANCE NO. 2013-03 OF THE TOWN OF MIDWEST PERTAINING TO WATER AND SEWER REGULATIONS  Chapter 15 of the Code of the Town of Midwest be amended, replaced and reenacted to read as follows, and that all ordinances and Codes of the Town of Midwest that are inconsistent with the following are hereby repealed, effective on the date below written. Water and Sewer System Regulations 1.  Ownership and Control      The transmission, distribution, metering, treatment, and delivery system of water works within the Town limits shall be owned and operated by the Town.  2.  Purpose      The objective and purpose of the water works system shall be to supply water consumers within the Town of Midwest with reliable supplies of potable water, sewage and sanitation disposal, in full compliance with state and federal regulations and standards. 3.  Definitions        For the purposes of these regulations, certain words and terms used herein are defined as follows:              a. "Applicant" means a person desiring new retail water and sewer, sanitation service from the Town.              b.  "Manager" means the water manager who has been duly appointed by the Town Council.              c.  "Consumer" means any person using water and sewage/ sanitation disposal services provided by the Town.  d.  "Dwelling unit" means a single unit providing living facilities for one or more persons including permanent provision for cooking, sleeping and sanitation.   e.  "Accessory building" means incidental buildings not used as a dwelling unit or place of business, provided that the  operations of any such accessory uses shall be secondary to that of the primary activities for which the water is used.  f.  "Commercial" means all uses, other than agricultural and residential use. Motels, hotels, trailer courts, and apartment building shall be considered as commercial usage.  g.  "Residential Use" means water use for domestic purposes related to the primary activities of a dwelling unit as  defined above.  h.  "Board" means the Salt Creek Joint Powers Board. 4.  Area of Service Water, sewer and sanitation service shall only be available to consumers that are within the Town limits or that have otherwise expressly or impliedly contracted for services in conformance with the Rules of the Board.  No person shall be permitted to use either water or sewer/sanitation services in contradiction to the provisions of this ordinance. All occupied lots or parts of lots on land in the Town of Midwest shall be connected to all municipal services to include water and sewer. Water service will be connected to all occupied premises and turned on.  All water usage shall be measured by a water meter to be provided by the Town, at the customer's expense.  The meter will be read each month by municipal employees to monitor water usage to said premises.  Sewer systems will be attached and operable by private drain connections with the public sewer in the manner as provided in this chapter, and no privy vault, septic system or cesspool shall be maintained, kept or continued thereon.  If the owner or occupant of property falling within the section neglects or refuses to make such connections, or maintain the use of water and sewer services in full operating condition, the Governing Body shall notify such owner, occupant or his agent to make or cause such connections to be made and otherwise comply with all provisions of this Ordinance.  The owner, occupant or his agent shall comply with such notice within fourteen (14) days from the service of such notice.  Service of such notice shall be completed by posting a copy of such notice upon the premises.  The failure of any person to make or cause to be made such connections, or keep them in fully operable condition shall constitute a must appear misdemeanor and may be punished by the imposition of fines not to exceed seven hundred fifty dollars ($750.00) for each offense.  Every such seven (7) day period following the fourteen (14) day grace period neglect after service of such notice, shall constitute a separate offense. 5.  Upon the direction of and in a manner set forth by the Town, the Manager shall limit the use of water both as to quantity and time of use. 6.  The Town shall determine the allocation of water to a Consumer in the event of a water shortage.  In the event the total water supply shall be insufficient to meet all of the needs of the Consumer or in the event there is a shortage of water, the Town may prorate the water among the Consumers on a basis as is deemed equitable by the Town and may also prescribe a schedule of hours covering use for garden purposes.  Priority will be given to insuring that all of the water needs of the Consumer for domestic purposes will be met first, then needs for livestock purposes, then water for garden purposes. 7.  a.  No one shall be permitted to use the water from the water system except by use of a meter and connection approved by the Town, and in such cases only in accordance with the regulations and policies of the Town and of the Board. b.  Water will not be turned on to any house or private service pipe except upon the written order of the Manager or his duly authorized agent.  Contractors, plumbers, and other persons are strictly prohibited from turning the water on to any service pipe except by written order from the Manager.  This rule shall not be construed to prevent any contractor, plumber, or other authorized person from admitting water to test pipes and for that purpose only. 8.  a.  When water service has not previously been rendered, every person desiring a supply of water must make application to the Town on forms to be furnished for that purpose.  The Applicant shall be either the legal owner of the property or his duly authorized agent or tenant.  The Applicant must state fully and truly for what purpose and all uses to which the water is to be applied.  No different or additional use will be allowed except by permission of the Town. b.  At the time of original application, the Applicant shall pay to the Town the amount of the fees and charges required for the service connection as provided in these Regulations. c.  The Applicant shall pay the entire cost of extending water mains and services to his property, over and above those costs borne by the Town, and in accordance with the Town's policies, specifications, and standards, except for those applicants   requesting reinstatement of service that was provided prior to April 10, 1996.  Upon acceptance of the work by the Town, the newly-constructed mains shall become the property of the Town. d.  The owner and occupant of every building, premises, lot or house shall be liable for payment for all water, sewage, and sanitation services delivered to or taken from and used upon premises, together with all fees, charges and costs as provided by this Ordinance which liability may be enforced by the Town by action at law to enforce payment. e.  Customers who do not own the property (or a substantial equity therein) to receive service may receive service in their name:  provided, however, that the property owner executes an agreement with the Town guaranteeing payment for all water service furnished such property, including monthly debt service payments.  In the event that a property owner executes a guarantor's agreement, bills shall be addressed to the property owner in care of the tenant at the address to which service is furnished. f.  If the existing account for the property owners' leased property is delinquent at the time the property owner registers the account in his name, the property owner will not be required to pay the delinquent account holder's tenant’s account.  Rather, the Town will continue to pursue collection of said delinquent account from the account holder tenant.  In the event water has been shut off to said property when the property owner registers the account in his name, the water will remain shut off until payment of the delinquent account has been made or the delinquent account holder vacates said premises.  If the delinquent account holder tenant elects to vacate said premises, water services will be reestablished in the owner's name without the owner posting a deposit or signing a water, sewer and sanitation agreement.  This is a one-time only waiver.  The property owner will be required to pay a reactivation charge of $25.00. g.  A water, sewage and sanitation service subscriber desiring to establish a new account and/or a subscriber reestablishing services after shut off due to a delinquent payment of services shall pay a deposit to the Town and sign a Midwest water, sewage and sanitation agreement prior to receiving said services.  In the event said services to the Subscriber are terminated, either voluntarily by the subscriber or by the Town for cause, the deposit shall be held by the Town and applied to any unpaid balance then owing to the Subscriber's account.  Until the Council shall otherwise provide, the deposit amount will be $175.00, which may be paid with the water bill in three installments. 9.  Service to Property a.  Each lot, tract, or individual property shall have a separate water service line, meter, and shut-off valve serving it and no other lot, tract, or individual property, unless approved in writing by the Town.  No person shall extend water pipes from the original authorized point of use to another point of use on the consumer's lot, tract, or individual property without concurrence of the Town. b.  A service connection as used herein is defined as that connection from the meter to each dwelling unit or place of commercial use upon the owner's lot, tract, or individual property.  Multiple service connections may be allowed on one meter only under the following conditions: 1.  The applications for additional service must be made in writing by the owner. 2.  The water bill will be sent to and paid by the owner for all services, charges, costs and fees. 3.  A minimum charge shall be assessed for each dwelling unit served, and the gallonage used will be billed accordingly.  A minimum charge will be assessed for each service, whether the water is actually used or not. 4.  Commercial taps shall not be allowed as part of multiple service connections. 5.  Each commercial building shall be served with a separate tap.  When a multiple service connection is involved, all building units served must be on or within a single lot, tract, or individual property.                   6.  Service to accessory buildings shall not be considered as a separate service.       c.  Water from the Town's waterworks system shall be used only on the consumer's own premises, except with the written permission of the Town or Manager.       d.  Every person receiving water and/or sewer service shall consent to the inspection of all sewer and water lines and related equipment at all reasonable times shall be subject to inspection by the Manager in order to ascertain whether the requirements of this ordinance have been or are being complied with.  It shall be unlawful for any person to cause any plumbing or water facility within or outside the municipality to be connected with the water or sewer utility of the municipality until such plumbing or water facility shall have been inspected, approved and tagged by the Manager.       e.  The cost of installing any sewer or water service line shall be paid by the property owner.  The owners of the property served by sewer or water service lines shall be responsible for repairing or replacing such sewer or water service lines, when, in the opinion of the Manager, such line has become inoperative due to stoppages, crushing, settlement or any other defect.       f.   Any sub-divider wishing to install water and sewage mains in his subdivision shall obtain the prior approval of the plans and specifications for such installation by the Manager.       g.  The sub-divider shall pay the costs of construction of all sewer and water mains and appurtenances to, in and through his subdivision, except as otherwise provided in this ordinance.  Sewer and water mains shall always be extended to the farthest points upgrade in a platted subdivision so that the system may be perpetuated.       h.  Extension of water or sewer services to property within the Town, and not part of a subdivision, shall be financed by special assessment against the benefitted property or under such terms and conditions as the governing body shall provide. 10.  Permit to Alter System No persons shall make any connection to, or in any manner perform any work upon, any of the mains, connections or appurtenances pertaining to the water and/or sewer works owned by the Town, without concurrence of the Town or Manager. 11.  Specifications, Installation and Maintenance of Service Pipes       a.  The Town shall own and be solely responsible for the transmission and distribution lines, distribution line valving, corporation stops and service lines to individual service stops.  Individual consumers shall be responsible for service stops, service boxes and other appurtenances which allow for water service to be provided to their property, and shall properly maintain these facilities and prevent all unnecessary waste of water, provided that consumers shall not dig up town streets and sidewalks unless instructed to do so by the Town.  All service lines and appurtenances must be sufficiently strong to bear the pressure and run of the water in the main. The consumer shall maintain the service box allowing access to the service stop in a plumb and operable condition, flush with ground level. The Town reserves the right to terminate water service to an individual property if, after five (5) days written notice, the property owner has not made the necessary repairs to these appurtenances.       b.  The consumer shall allow access by the Town's personnel to the service box and stop for the purpose of regulating water service to the property.  The Town shall not be responsible for any damage sustained as a result of operating the service stop in a usual and customary manner.  No reduction in user charges will be made for the time any service pipe or main is frozen or out of use for any cause.       c.  The Town will install and maintain all water meters necessary to enable it to render bills for each class of service furnished at consumer's expense.  All meters furnished by the Town will be maintained by the consumer, but will remain Town property.  All pressure-reducing valves, back-flow preventers, valves, yokes, pits, or vaults associated with the metering equipment, shall be the responsibility of the consumer.       d.  Should damage result to metering equipment from molestation or willful neglect by consumer, the service may be discontinued.  In addition to other costs of discontinuing the service, the Town will repair or replace such equipment and bill consumer for all costs incurred.       e.  If a meter is damaged due to freezing, the cost of repair or replacement will be assessed to each individual consumer.       f.   All service pipes through which flows water supplied by the Town shall be Type K copper tubing from the corporation stop to the service stop.  Beyond the service stop, the service pipes shall meet the requirements of the Uniform Plumbing Code.  Service pipes shall be laid not less than six (6) feet below the surface of the ground from the corporation stop at the water main to the water meter.  Water service lines must be a minimum of twenty-five (25) feet from sewer drain fields and ten (10) feet from a septic tank, and in accordance with Department of Environmental Quality requirements.  Service pipes shall be laid on a uniform foundation and all trenches shall be compacted and backfilled in accordance with applicable Town or County standards.  All pipe work within public rights-of-way must be inspected by the Manager or his designated representative before being covered and any unsatisfactory work at once corrected.  Double-check valve, back-flow preventers or other back-flow prevention devices as approved by the Town shall be installed on all service lines.       g.  All filling stations, garages, and similar places having wash or grease racks connected with a sewer utility shall be provided with a sand and grease trap of suitable size and construction, at the expense of the consumer.       h.  It shall be unlawful to throw or deposit or cause or permit to be deposited in any vessel or receptacle connected with the sewer utility any petroleum products, volatiles, acids, highly alkaline solutions or any other matter whatsoever which shall be in any way injurious to the system or the treatment process at the treatment plant or which shall in any way cause undue maintenance of the system of the sewage plant.       i.   Before any street or alley is paved, the owners of all property abutting thereon where a sanitary sewer or water line is laid shall make proper sewer connections with sanitary facilities, whether the immediate use thereof is required or not.  Until used, such connecting sewers, and water lines, shall be supplied with a proper cap or covering sufficient to prevent the escape of sewer gas, or the unnecessary loss of water. 12.  Sanitary Regulations All plumbing through which flows water supplied by the Town shall comply with the Uniform Plumbing Code and the Town's policies, except those dwelling units and their appurtenant plumbing that existed prior to the adoption of these Rules and Regulations.  It shall be the property owner's responsibility to insure that his existing plumbing facilities can accommodate the pressures exerted by the water works system.  It shall be unlawful for any person to pollute or contaminate the water works system.  There shall be no physical connection between the Town's water works system and alternate water systems.  Upon discovery by the Town's official or inspector of any connection or practice which could cause contamination of the system in any degree, the Manager, Town, or authorized personnel shall shut off the connection until the practice or condition is corrected. 13.  Tampering with Property of Town It shall be a violation of these Rules and Regulations for any person to in any manner molest, modify, or tamper with any water meter or connection thereto, water main, supply pipe, fire hydrant, or any property of the water works system, unless such person be a duly authorized representative of the Town, or have permission from a duly authorized representative of the Town.  Such unlawful conduct shall be considered as property destruction and defacement, and offenders shall be prosecuted in accordance with Wyoming Statute 6-3-201. 14.  Water Tap Installation Fees       a.  All persons applying for a permit to connect to the Town's system, or to increase the size or number of connections thereto, shall pay to the Town at the time of application a water tap installation fee for each dwelling unit or commercial building to be served.  The water tap installation fee shall cover the following (including material and labor costs where applicable):                   I.         plant investment fee;                   II.        main line tap (i.e., corporation cock); and                   III.       meter.       b.  Water taps shall be allocated and a permit issued to a described property where actual use is planned and shall not be transferable to a different property without written authorization of the Town.        c.  The Town will not charge plant investment fees for taps used exclusively for fire protection purposes.  However, approved connections, piping and fittings must be installed.  The consumer/developer shall be responsible for all expenses and any damages which may result from the installation of the fire protection tap.       d.  The materials and labor cost to install the service line from the corporation cock to  the service stop, the meter vault and associated appurtenances, and the excavation, backfill, and repair of surface damage, i.e., streets, curbs, etc., shall be the responsibility of the Applicant for the water tap installation, and shall be in addition to applicable water tap installation fees.  Any applicable permits shall be obtained prior to the installation of the water tap. Repair shall be completed in accordance with the requirements of the applicable governing authority. 15.  Consumer Rates        a.  The Town shall sell water to its customers based upon individual usage, the Town's costs and other relevant factors as set forth in Exhibit A to these regulations.       b.  The water and sewer/sanitation rates established by the Town shall be considered a part of contract with every customer supplied with water through water works system and provided sewage/sanitation disposal services by the Town.  Every person taking water or discharging sewage shall be considered and held to be bound thereby.  Whenever any rule or regulation is violated, the water shall be shut off from the service in violation.  After the cause of the suspension has been removed, and upon any other terms as the Manager shall determine, the water service may be restored.  The property owner is obligated for the minimum monthly consumer rate during the suspension period.       c.  The customer may request a temporary shut off of a water meter provided that the customer pays a minimum monthly fee of $16.00 during the period of shut off and a reactivation fee of $25.00.  If a water meter is disconnected at the request of a property owner, and no monthly charges are collected, there shall be a $100.00 re-connection charge collected by the Town when service is restored.  Any customer whose service is disconnected or discontinued for any period shall be levied a dormant tap fee in the amount of sixteen dollars ($16.00) per month.  Said charge shall be used to offset costs for line depreciation, ongoing maintenance, overhead of the system and providing water flows for emergency purposes. 16.  Delinquent Accounts       a.  All bills for use of water furnished, sewage and sanitation and for minimum charges are due by the 15th of each month within thirty (30) days after such bills are sent by the Town.  If any person neglects, refuses or fails to pay all such charges when within 30 days after the same becomes due, the Town will may charge a 10% penalty on the balance due and/or terminate service to the premises.  Before the water service is resumed, the total delinquent amount, together with a re-connection charge of $25.00, shall be paid.  In the event the Town elects to sue in a civil court of competent jurisdiction for the recovery of any delinquent water and sewer/sanitation charges tariff, all court costs, sheriff’s fees, and reasonable attorney's fees and interest at the rate of ten (10%) percent per annum on the delinquent account may be assessed to the defendant and be part of the claim of the Town.       b.  The Town may decline to serve an applicant for water who is indebted to the Town Edgerton or the Town of Midwest for service previously rendered to such applicant, until the applicant pays in full the amount due for the service previously rendered, by the Town of Edgerton or the Town of Midwest or until satisfactory arrangement is made with the Town for the payment thereof.  The Town of Midwest shall not be required to furnish water service to an applicant if it is clearly evident that such applicant is attempting to obtain water service for a party who is indebted to the Town of Edgerton for service previously rendered, and if such fraud in obtaining service shall be detected after service has been connected, the Town of Midwest may discontinue such service:  provided, however, in the event the indebtedness for service rendered at a former location is in dispute, the applicant shall receive service upon complying with the deposit requirement in an amount equal to the net balance in dispute with either the Town of Edgerton or the Town of Midwest. 17.  Discontinuing Service       a.  The Town reserves the right to terminate water service upon violation of these regulations, or where fraudulent use has been detected.  In the event water has been shut off for violation of these Rules and Regulations, water service shall be restored only upon the consent of the Town or Manager and payment of any delinquent accounts and payment of a reactivation fee of $25.00.       b.  The Town reserves the right to shut off the water from its mains for the purpose of making repairs or extension, or for any other purpose, without incurring liability for any damages that might result there from.       c.  In the event water service is discontinued the sanitation receptacle will be removed. 18.  Fire Hydrants All hydrants erected in the service area are hereby declared to be the property of the Town.  It shall be unlawful for any person, unless a permit for this purpose is received from the Town Manager, to open any of the hydrants, or attempt to draw water from the same or at any time uncover or remove any protection from any of such hydrants, or in any manner interfere with the same.  No person authorized to open hydrants shall delegate his authority to another, except for purposes strictly connected with the authorized use. 19.  Exemptions and Variances The Town has the power to hear and decide on exemptions and variances from these Rules and Regulations.  The Town may allow these exemptions only if:       a.  For reasons fully set forth by the Town, the circumstances or conditions are such that the strict application of these Rules and Regulations would place an unfair, unnecessary, or undue hardship upon the consumer as determined by the Town;       b.  The granting of any exemption is consistent with the general purposes and intent of these Rules and Regulations, and will not be injurious or unfair to other consumers provided service or otherwise detrimental to the public welfare; and       c.  Any exemption granted is a minimum adjustment that will accomplish this purpose. 20.  Severability If any provision of these Rules and Regulations is declared invalid by any tribunal or supervising state agency, the remaining provisions of these Rules and Regulations shall not be affected thereby. 21.  Amendments  These Rules and Regulations may be amended only by the affirmative vote of a majority of all Town Council members after first posting notice of proposed amendments at the Town Hall for a period of twenty (20) days preceding the meeting at which the vote on amending the Rules is taken. Passed on 1st reading the __24___day of __July__, 2019. Passed on 2nd reading the __14__day of __August__, 2019. Passed on 3rd reading the _25_day of _September_, 2019.