ORDINANCE 2002-2

TOWN OF MILLERSBURG WATER USE ORDINANCE

UTILITY ORDINANCE TO PROVIDE A COMPREHENSIVE PROGRAM FOR
THE OPERATION OF A WATER UTILITY, SPECIFICALLY INCLUDING
A PROGRAM FOR PROTECTING THE PUBLIC WATER SYSTEM FROM
BACKFLOW OF CONTAMINANTS THROUGH THE WATER SERVICE
CONNECTION INTO THE PUBLIC WATER SYSTEM; SPECIFICATIONS
FOR WORKMANSHIP AND MATERIALS; AND A PROCEDURE FOR THE
ENFORCEMENT AND SHUTOFF OF DELINQUENT WATER SERVICE
CHARGES.

WHEREAS Indiana Code Sections 36 1 3 1, et. seq., permit any town in the State of Indiana to exercise any power or perform any function necessary to the public interest in the context of its municipal or internal affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or pre empted by any other law, or is not expressly granted by any other law to another governmental entity; and

WHEREAS the Town Council of the Town of Millersburg is the Town legislative body and is by law authorized to adopt ordinances and resolutions for the performance of functions for the Town of Millersburg; and

WHEREAS the Plumbing Code, as adopted by the State of Indiana, requires protection of the public water supply from contaminates due to backflow of contaminants through the water service connection; and

WHEREAS the Indiana Department of Environmental Management endorses the maintenance of a continuing program of cross connection control which will systemically and effectively prevent the contamination of all potable water systems;

WHEREAS Indiana law requires that all public water supplies be continuously operated and maintained so that the water is safe and satisfactory for ordinary domestic consumption;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Millersburg, State of Indiana, as follows:

1.00. General.

1.01. This Ordinance may be referred to as the "Town of Millersburg Comprehensive Water Utility Ordinance."

1.02. This Ordinance shall become effective February 11, 2002, subject to publication requirements.

2.00. Cross Connection Control and Backflow Prevention.

2.01. The regulations located at 327 IAC 8 10 et seq. entitled "Cross Connections; Control; Operation," as amended or replaced from time to time as promulgated by the Indiana Department of Environmental Management and 675 lAC 16 1.3, et seq., entitled "Indiana Plumbing Code, 1999 Edition," as amended or replaced from time to time as promulgated by the Indiana Fire Prevention and Building Safety Commission are hereby incorporated and adopted by reference as a part of this Ordinance. One copy of these regulations shall be on file with the Town of Millersburg Water Utility.

2.02. The Town of Millersburg Water Utility may cause inspections to be made of all properties served by the public water system. The frequency of inspections and re-inspections shall be based on potential health hazards involved and shall be as established by the Town of Millersburg Water Utility.

2.03. Upon presentation of credentials, a representative of the Town of Millersburg Water Utility shall have the right to request entry at any reasonable time into or upon any property served by a connection to the public water system of the Town of Millersburg in order to inspect connections. On request, the owner, lessee, or occupant of any property shall furnish to the inspector any pertinent information regarding the connections, piping systems, water systems, and hazards on such property. It shall be assumed that a cross connection and hazard is present if access or requested information are refused.

2.04. The Town of Millersburg Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this Ordinance exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after ten (10) days' written notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the violations) have been eliminated in compliance with the provisions of this ordinance.

2.05. If it is deemed by the Town of Millersburg Water Utility Superintendent that an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk of the Town of Millersburg and delivered to the user's premises, water service may be immediately discontinued. The user shall have an opportunity for hearing before the Town Council of the Town of Millersburg, or its designated hearing officer, of such emergency discontinuance.

2.06. As a condition of new or continued water service, an approved reduced pressure principle backflow preventer shall be installed and maintained by the user in the principal water line servicing each connection to the Town of Millersburg water system. In the discretion of the Town of Millersburg Water Utility Superintendent, a double check valve backflow preventer may be used in lieu of a reduced pressure principle backflow preventer. For existing facilities, the required backflow preventer shall be installed within three (3) years after the effective date of this Ordinance; provided, however, residential connections to the Town of Millersburg water system shall have five (5) years after the effective date of this Ordinance for such installation. For purposes of this Ordinance, "residential" shall mean of or pertaining to a place used primarily as a private dwelling or primarily for living purposes. In the event the Town of Millersburg Water Utility Superintendent determines that an increased risk or hazard exists to the Town of Millersburg water system at a connection where a double check valve backflow preventer was originally allowed to be utilized pursuant to this section, the Town of Millersburg Water Utility Superintendent may require the replacement of the double check valve backflow preventer with a reduced pressure principle backflow preventer.

2.07. The backflow preventer used must be an approved assembly as found on the List of Approved Backflow Prevention Assemblies published by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research, which list is available for inspection at the Town of Millersburg Water Utility. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing.

2.08. As a condition of continued service, all users shall arrange for the inspection of all cross connection and backflow preventer control assemblies by an inspector registered by the Indiana Department of Environmental Management. These inspections shall occur at time intervals specified in 327 IAC 8 10 8(b), as amended, or as otherwise required by any applicable statute, regulation, or ordinance. Completed test reports shall be submitted to the Town of Millersburg Water Utility by the user within thirty (30) days after the user's receipt of the test reports. Tests and inspections may be required on a more frequent basis at the discretion of the Town of Millersburg Water Utility Superintendent.

2.09. That this Ordinance does not supersede the Indiana Plumbing Code as amended or replaced from time to time or any plumbing ordinances, sewer use ordinances, or other ordinances currently in force and effect in the Town of Millersburg, but rather is supplementary to such. In the event of any conflict with this Ordinance, the requirements which are stricter and more protective of the public health and safety shall control.

3.00. Water Turn On and Shutoff Procedures.

3.01. Other than by authorized representatives of the Town of Millersburg, no one shall turn on or shall turn off Town of Millersburg mains, hydrants, gate valves, curb stop valves, or other valves of the Town of Millersburg Water Utility. No person shall maliciously, willfully, or negligently break, damage, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the Town of Millersburg Water Works. Any person violating this provision shall be subject to immediate arrest.

3.02. Each month, the Millersburg Clerk/Treasurer shall generate a customer balance sheet showing the amount owed per customer.

3.03. Accounts showing a balance of a previous month's bill without a payment to the water utility in the previous thirty (30) days shall receive a letter from the Millersburg Clerk/Treasurer that states the total amount owing, the amount of the last payment, and which requests payment.

3.04. If within the ten (10) days following the mailing of the letter described in Section 3.03, the Delinquent Letter is not returned to the Clerk/Treasurer’s office, but payment is made, the Clerk/Treasurer shall send a letter requesting that the Delinquent Letter to Pay be returned to the Clerk/Treasurer and requesting that payments continue.

3.05. When any account or statement for services provided by the Town of Millersburg Water Utility is thirty (30) days past due, the Clerk/Treasurer may send a letter demanding payment within ten (10) working days and stating that the water service may be terminated if all delinquent payments are not made within the ten (10) days.

3.06. If payment is not received within the ten (10) working days described in Section 3.05, the Town of Millersburg Water Utility may terminate water service to the customer. Water service shall not be restored until the customer pays the past due amounts and the customer makes satisfactory arrangements with the Town of Millersburg Water Utility to avoid future delinquencies. In order to re commence water service after termination, the customer shall pay to the Town of Millersburg Water Utility a re instatement fee of Twenty Six Dollars ($26.00), consisting of a Thirteen dollar ($13.00) disconnect and a Thirteen dollar ($13.00) reconnect fee.

4.00. Water Meters.

4.01. To confirm and ratify historic policy of the Town of Millersburg Water Utility, water meters shall be initially provided by the user at the user's expense. All water meters used shall meet the requirements of and be subject to the approval by the Town of Millersburg Water Utility Superintendent.

4.02. To confirm and ratify historic policy of the Town of Millersburg Water Utility, the repair and/or replacement of water meters for water lines of one inch (1") or less in size shall be provided by the Town of Millersburg at its expense; the repair and/or replacement of water meters for water lines greater than one inch (1") in size shall be provided by the user at the user' expense.

5.00. Specifications for Workmanship and Materials.

5.01. The attached Exhibit A entitled "Specifications for Workmanship and Materials (Pages A 0 1 through A 7 1) are hereby incorporated by reference and made a part of this Ordinance to govern all public work projects of the Town of Millersburg, Indiana as well as private projects affecting water facilities, sewer facilities, park facilities, roads and streets, buildings, and other facilities of the Town of Millersburg, Indiana.

6.00. Fire Protection and Water Connections.

6.01. Any fire protection system utilizing water from the Town of Millersburg Water Utility that is installed or becomes operable from and after the effective date of this Ordinance shall have its own tap and be connected to a Town of Millersburg water line separate and apart from any other water tap or connection to the Town of Millersburg water system.

7.00. Authority of Superintendent.

7.01. In the event of unforeseen circumstances or developments or emergency situations, the Superintendent of the Town of Millersburg Water Utility is hereby vested with such authority and discretion as is needed in order to protect the public health, safety, and welfare in connection with the operation of the Town of Millersburg Water Utility.

7.02. A person shall not institute, permit, or maintain any conditions that may jeopardize or threaten the public health and safety with respect to the Town of Millersburg water system. The Superintendent, upon hearing of the existence of such conditions, shall order the abatement of those conditions. The order must be in writing, specify the conditions that may jeopardize or threaten the public health and safety, and name the shortest reasonable time for abatement. If a person refuses or neglects to obey an order issued under this provision by the Superintendent, the Town of Millersburg attorney may, upon receiving the information from the Superintendent, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action involves a criminal offense, a law enforcement authority with jurisdiction over the location where the offense occurred shall be so notified for further enforcement.

8.00. Separation of Service Lines, Shutoffs, and Water Meters.

8.01. Each residential living unit serviced by the Millersburg Water Utility shall have a separate service line, shutoff and water meter. In the event that any property owner shall fail to comply with this section, the Millersburg Water Utility is authorized to give thirty (30) days prior written notice by first class mail, postage prepaid, notifying the property owner and the utility customer that water service to all affected residential living units will be terminated if the service lines, shutoffs and water meters are not separated within thirty (30) days following the date of the letter. If such service lines, shutoffs and water meters are not separated within such thirty (30) day period, the Town of Millersburg Water Utility may terminate water service to each living unit. In addition, the Town of Millersburg Water Utility shall have the remedies set forth in Section 10 hereafter for failure to comply with this ordinance within thirty (30) days after notice is sent by the Town of Millersburg Water Utility. In order to recommence water services after termination, the customer shall pay to the Town of Millersburg Water Utility a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00), along with a demand letter fee of Five Dollars ($5.00) plus the amount of postage charge incurred.

9.00. Rental Property Accounts.

9.01. All residential living units serviced by the Town of Millersburg Water Utility must have the utility account with the Town of Millersburg in the name of the property owner. In the event real estate is being sold on land contract, the utility account may be in the name of the land contract purchaser. Each property owner who has a residential living unit being serviced by the Town of Millersburg Water Utility must deposit with the Town of Millersburg Water Utility an Eighty-five Dollar ($85.00) deposit for each residential living unit owned by the property owner and serviced by the Town of Millersburg Water Utility as security for any delinquent water or sewer utility charges to the living unit. At any time that water or sewer utility charges shall fail to be paid in a timely manner, the Town of Millersburg shall be entitled to offset the past due water and/or sewer utility charges against the security deposit of the property owner. At the time of the offset against such security deposit, the Town of Millersburg Water Utility shall notify the property owner by first class mail, postage prepaid, and shall require that they increase their deposit to the full Eighty-five Dollars ($85.00) within ten (10) days of the date of the letter, notifying them that failure to do so may result in water service to the living unit being disconnected. A demand letter fee of Five Dollars ($5.00) plus the cost of postage shall also be charged to the property owner. If such payment is not received within ten (10) days of the date of the letter, the Town of Millersburg Water Utility may terminate water service to the living unit. Water service shall not be restored until the amounts demanded have been paid to the Town of Millersburg Water Utility. In order to recommence water service after termination, the customer shall also pay a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00).

10.00. Enforcement.

10.01. Any person violating this ordinance shall be guilty of an ordinance violation and on conviction thereof shall be fined in an amount not exceeding Two Thousand Five Hundred Dollars ($2,500.00) for each such violation. Each day in which any violation shall continue shall be deemed a separate offense under this Section. For any continuing violation, the Town of Millersburg shall also be entitled to an injunction against the violator for the actions involved. If the violation involves the Town of Millersburg water system, the injunction may also include a shut off order allowing the Town of Millersburg to shut off the violator's supply of municipal water from the Town of Millersburg Water Utility until all violations cease and are corrected.

10.02. Any person violating any of the provisions of this Ordinance shall be liable to the Town of Millersburg for any expense, loss, or damage suffered by the Town of Millersburg by reason of such violation, including but not limited to, the costs and expenses of locating the source of the violation, repairing any damage caused by the violation, attorney fees, court costs, engineering fees, administrative time and expense, labor, and all other costs associated with enforcement and compliance with this ordinance.

11.00 Effect on Prior Ordinances.

11.01 All ordinances or parts of ordinances that are in conflict with this Ordinance are hereby repealed upon the effective date of this Ordinance; provided, however, that all parts of ordinances not in conflict with this Ordinance shall remain in full force and effect.