The existing combined waterworks and sewerage system of the city shall be and the same is hereby separated into a waterworks system and a sewerage system, and said waterworks system and all future improvements and extensions thereto and said sewerage system and all future improvements and extensions thereto shall hereafter be operated and maintained as separate and distinct systems from one another.

(UDC 2010, § 8.1; Ord. No. 90-2020, § 1, 12-11-1990)

Editor's note— Formerly, §§ 42-1, 42-2, derived from Ord. No. 61-69, §§ 1, 2, adopted July 7, 1961, provided for a combined waterworks and sewerage system. Ord. No. 90-2020, § 1, adopted Dec. 11, 1990, provided for the separation of such systems and is set out herein as § 42-1. Sec. 2 of Ord. No. 90-2020 repealed former §§ 42-1, 42-2.

Note— See the editor's note following § 42-1.

The city council may allow the extension, modification, enlargement, replacement or repair of sewer and/or water lines within or without the city if funds are available for same through bond monies, appropriate escrow arrangements or contracts with those benefitted or special assessments on the properties benefitted, water or sewer funds of the city, the general funds of the city, or any other lawful means of financing any such project.

(UDC 2010, § 8.3; Ord. No. 59-22, § 1, 8-18-1959; Ord. No. 84-1440, § 1, 5-22-1984)

All plans for proposed sewer and water lines shall be submitted in three copies to the city council or its designate for approval. Water and sewer lines shall be subject to inspection and acceptance by the city.

(UDC 2010, § 8.4; Ord. No. 59-22, § 2, 8-18-1959)

Upon completion and before final acceptance of street, water, storm and sanitary utility lines by all governmental bodies concerned, one set of Mylar, three sets of paper, and one digital copy using the Missouri Geographic Reference System using Cass County Control Stations will be submitted to the city engineer or a designate.

(UDC 2010, § 8.5; Ord. No. 59-22, § 3, 8-18-1959)

(a)

Property lying within the city shall be given first consideration for connections and use of the water and sanitary sewer systems ("city utility services") in all cases and at all times. Property lying within an area covered by a resolution of intent to annex into the city shall be considered for connections to the water and sanitary sewer systems ("city utility services") before areas that are not within any such area.

(b)

No water or sanitary sewer services shall be extended to property lying outside the city boundary limits until a fully executed annexation agreement for the subject property has been completed between the subject property owners and the city council and such agreement is recorded with the county recorder of deeds. Such agreement shall contain terms which are a continuing obligation running with the land and shall bind the subsequent owners, their heirs, executors, administrators, successors, assigns, and legal representatives.

(c)

All extensions of city utility services to property located outside the city boundary limits shall be made in accordance with the following provisions.

(1)

The owners of property located compact and contiguous to the city boundary limits at the time of the request for extension of the city utility services will be expected to submit a petition for annexation into the city. Said application process shall be completed prior to approval to start construction on any extension of city utility services. The owners of property not as yet located compact and contiguous to the city boundary limits at the time of the request for extension of the city utility services shall enter into a fully executed annexation agreement prior to approval to start construction on any extension of city utility services.

(2)

The property which is the subject of a request for extension of city utility services shall be developed and used in a manner consistent with existing city land use plans as adopted by the city planning commission and/or city council. If no applicable land use plans have been adopted by the city planning commission and/or city council for the subject property at the time of the request for the extension of city utility services, then such service will not be permitted until such plans are adopted.

(3)

Except as otherwise provided by the city council, the property shall be developed in accordance with city specifications and standards as though the property were within the city's boundary limits. Such city specifications and standards include but are not limited to the following: zoning and subdivision regulations, International Building Codes, and APWA standards as adopted by the city.

(4)

That connections of property outside the city limits into the city water system shall be considered only for those properties that are not within an organized water district, unless the connection is authorized in a written agreement with the water district or the area is formally detached from the water district.

(5)

The owners of property outside the city boundary limits requesting the extension of city utility services shall guarantee payment of all construction costs and all fees as adopted by the city council which may include such fees as service charges, impact fees, excise fees, deposits, permits, inspection and plan review fees, and tap fees. All applicable fees for the entire property shall be paid before final approval is given for connection to the water or sewer system. Property owners requesting the extension of city utility services outside the city boundary limits will also be required to pay for all the sanitary sewer and water system engineering studies and related consulting necessary for the city to evaluate their ability to serve the subject property and the connection of the utility services to the subject property.

(6)

The owners of property outside the city boundary limits requesting the extension of city utility services shall be responsible for preparation of all plans and specifications and for obtaining approvals from all regulatory agencies.

(7)

Any easements or rights-of-way necessary to connect to the city's water or sewer system shall be obtained by the owners of property outside the city boundary limits requesting the extension of city utility services.

(d)

Nothing contained in the provisions of this section shall be construed as repealing any previous connection agreements for water or sewer services.

(e)

Each application for connection shall be evaluated individually and require specific approval by the city council and the provisions of this section shall not be construed to create an entitlement or automatic right of approval for connection of each and every application meeting the requirements of this section.

(f)

The city reserves the right to cut off or disconnect any connection made under the provisions of this section in the event the charges or fees required in this subchapter become delinquent or in the event of a violation of the provisions of this subchapter or in the event that it is determined by the city that connections made under the provisions of this section are an unreasonable burden on the capacity and operation of the water or sewer systems.

(UDC 2010, § 8.6; Ord. No. 2004-3071, §§ 1—6, 7-13-2004)

Editor's note— Ord. No. 2004-3071, §§ 1—6, adopted July 13, 2004, was not specifically amendatory of the Code and has been included as § 8-6 at the editor's discretion.

(a)

All connections or taps into the water mains belonging to the city shall be made solely by the city after proper application therefor has been made by the owner or his or her agent, and all charges paid as set forth in this article. The cost of water service connections from the consumer's premises to the city water mains shall be borne by the owner of the premises.

(b)

The owners of all houses, building or properties used for human occupancy, employment, recreation or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located a public drinking water system of the city, are hereby required at their expense to connect such facilities directly in accordance with the provisions of this division, provided that said public drinking water is within 100 feet of the property line.

(UDC 2010, § 8.17; Ord. No. 67-319, § 1, 11-7-1967; Ord. No. 74-731, § 1, 5-14-1974; Ord. No. 2013-3937, § 2, 7-23-2013)

Permits for water service connections shall be issued at the city hall, finance department, on the basis of an application for such permit made by the owner of the premises to be served or his or her agent. The application shall show the name of the record owner, street, location of the premises to be served and the sizes, dimensions, and location of the proposed water service. All work on water service, except that provided by the city, shall be done by a licensed plumber as defined by the city building code.

(UDC 2010, § 8.18; Ord. No. 67-319, § 1, 11-7-1967; Ord. No. 74-731, § 1, 5-14-1974; Ord. No. 85-1544, § 39, 5-29-1985)

All work performed under the provisions of this article shall be subject to inspection and approval by the official authorized by the city to perform such inspections.

(UDC 2010, § 8.19; Ord. No. 67-319, § 1, 11-7-1967; Ord. No. 74-731, § 1, 5-14-1974)

(a)

Water tap and meter fees. The cost for a tap into a city water main, within the city limits, shall be paid to the city by the applicant, and shall include the tap fee in accordance with section 42-41, and the installation of a water meter and testing meter fees in accordance with section 42-46. Such charges are generally described as follows:

(1)

For three-fourths- to two-inch taps—Current cost of water tap fee and water meter setup, including water meter, testing meter, connection saddle and all other necessary tapping equipment.

(2)

For all over two-inch taps—Current cost of the water tap fee and water meter setup, including water meter, strainer, testing meter, and all other necessary tapping equipment.

(b)

Tapping.

(1)

The tapping for a three-fourths- to two-inch tap shall be scheduled and paid for by the property owner and installed by the city.

(2)

The tapping for all over two-inch taps shall be scheduled and paid for by the property owners and installed by a private tapping contractor. This includes tapping sleeve and valve. These taps shall be scheduled with the city so a city inspector can be present to witness the pressure testing of the sleeve and the tap, and collect the coupon.

(UDC 2010, § 8.20; Ord. No. 67-319, § 2, 11-7-1967; Ord. No. 74-731, § 2, 5-14-1974; Ord. No. 79-993, § 1, 5-8-1979; Ord. No. 81-1123, § 1, 1-27-1981; Ord. No. 01-2760, § 1, 1-23-2001; Ord. No. 2005-3196, § 5, 12-13-2005)

(a)

As used herein the term "record owner" shall mean the owner of the property to be served, as is shown by the land title books maintained by the Office of the Recorder of Deeds, Cass County, Missouri. "Record owner" shall not include those individuals, businesses, corporations or organizations renting, leasing, or otherwise occupying premises on other than a "record owner" basis.

(b)

Before water and sewer services are provided to any facility or person, application must be made to the finance department, division of the treasury, which shall collect a deposit as follows:

(1)

$75.00 for a record owner of the domestic or residential premises to be served within the city.

(2)

$155.00 for anyone other than the record owner of the domestic of residential premises to be served within the city.

(3)

$100.00 for any applicant relating to domestic or residential premises to be served outside the city.

(4)

$100.00 for any applicant relating to commercial or industrial premises to be served whether within or without the city.

(c)

The deposit shall be held in escrow and shall be refunded at the time services are terminated, provided the meter has had a final reading and all water and sewer bills and charges have been satisfied. Any unsatisfied charges shall be deducted from said deposit prior to any refund.

(d)

In addition, at the time of making application for water service a nonrefundable service charge shall be paid as follows:

(1)

$10.00 for service within the city.

(2)

$20.00 for service outside the city.

(UDC 2010, § 8.21; Ord. No. 67-319, § 2, 11-7-1967; Ord. No. 70-447, § 1, 11-10-1970; Ord. No. 74-731, § 2, 5-14-1974; Ord. No. 81-1168, § 1, 8-25-1981; Ord. No. 85-1544, § 40, 5-29-1985; Ord. No. 87-1695, § 1, 1-13-1987; Ord. No. 97-2429, § 1, 2-25-1997; Ord. No. 02-2880, § 1, 3-26-2002; Ord. No. 02-2904, § 1, 7-23-2002; Ord. No. 2007-3333, § 1, 4-10-2007; Ord. No 2012-3848, § 1, 10-23-2012)

Note— All and any rates established herein shall be effective with any billing from and after May 1, 2007.

(a)

In all residential instances, the rate schedule for water use within the corporate limits billing shall be as follows:

(1)

1,500 gallons minimum .....$16.14 (effective April 1, 2023)

(2)

Debt service rate .....$5.80
(effective April 1, 2025)

(3)

1,501 gallons and over, per 100 gallons of metered water .....$1.2092 (effective April 1, 2023)

(b)

In all non-residential instances, the rate schedule for water use within the corporate limits billing shall be as follows:

(1)

1,500 gallons minimum .....$16.95 (effective April 1, 2023)

(2)

Debt service rate .....$24.00 (effective April 1, 2025)

(3)

1,501 gallons and over, per 100 gallons of metered water .....$1.27 (effective April 1, 2023)

(UDC 2010, § 8.22; Ord. No. 67-319, § 3, 11-7-1967; Ord. No. 74-731, § 3, 5-14-1974; Ord. No. 80-1076, § 1, 7-8-1980; Ord. No. 81-1143, § 1, 5-12-1981; Ord. No. 82-1225, § 1, 3-23-1982; Ord. No. 86-1644, § 1, 6-16-1986; Ord. No. 88-1816, § 1, 5-10-1988; Ord. No. 89-1941, § 1, 11-28-1989; Ord. No. 90-1981, § 2, 5-22-1990; Ord. No. 91-2048, § 1, 5-28-1991; Ord. No. 92-2121, § 1, 5-12-1992; Ord. No. 93-2190, § 1, 5-25-1993; Ord. No. 94-2251, § 1, 5-10-1994; Ord. No. 01-2756, § 1, 1-23-2001; Ord. No. 02-2880, § 2, 3-26-2002; Ord. No. 05-3134, § 1, 3-8-2005; Ord. No. 2006-3219, § 1, 3-21-2006; Ord. No. 2007-3333, § 2, 4-10-2007; Ord. No. 2008-3422, § 1, 2-12-2008; Ord. No. 2009-3526, § 1, 3-24-2009; Ord. No. 2011-3707, § 1, 3-22-2011; Ord. No. 2012-3791, § 1, 3-27-2012; Ord. No. 2013-3893, § 1, 3-26-2013; Ord. No. 2013-3927, § 1, 6-25-2013; Ord. No. 2014-3984, § 1, 3-25-2014; Ord. No. 2015-4086, § 1, 4-14-2015; Ord. No. 2016-4183, § 1, 3-22-2016; Ord. No. 2017-4318, § 1, 3-7-2017; Ord. No. 2018-4419, § 1, 3-27-2018; Ord. No. 2022-4713, § 1, 5-10-2022; Ord. No. 2023-4768, § 1, 3-28-2023; Ord. No. 2025-4905, § 1, 3-25-2025)

(a)

Water tap and meter fees. The cost for a tap into a city water main, outside the city limits, shall be paid to the city by the applicant, and shall include the tap fee in accordance with section 42-41, and the installation of a water meter and testing meter fees in accordance with section 42-46. Such charges are generally described as follows:

(1)

For three-fourths-inch to two-inch taps—Current cost of water tap fee and water meter setup, including water meter, testing meter, connection saddle and all other necessary tapping equipment.

(2)

For all over two-inch taps—Current cost of the water tap fee and water meter setup, including water meter, strainer, testing meter, and all other necessary tapping equipment.

(b)

Tapping.

(1)

The tapping for a three-fourths-inch to two-inch tap shall be scheduled and paid for by the property owner and installed by the city.

(2)

The tapping for all over two-inch taps shall be scheduled and paid for by the property owners and installed by a private tapping contractor. This includes tapping sleeve and valve. These taps shall be scheduled with the city so a city inspector can be present to witness the pressure testing of the sleeve and the tap, and collect the coupon.

(UDC 2010, § 8.23; Ord. No. 67-319, § 4, 11-7-1967; Ord. No. 72-619, § 1, 9-18-1972; Ord. No. 74-731, § 4, 5-14-1974; Ord. No. 79-993, § 2, 5-8-1979; Ord. No. 81-1123, § 2, 1-27-1981; Ord. No. 01-2760, § 2, 1-23-2001; Ord. No. 2005-3196, § 6, 12-13-2005)

(a)

In all instances, the rates for water provided to approved water districts or other local government entities for resale to their own customers outside the City of Belton, beginning with the April 1, 2023, billing, shall be as follows: $0.7568 per 100 gallons.

(b)

The rate established herein shall be available only to those water districts or other local government entities specifically approved by the city council and shall be increased annually, effective April 1, 2023, by no less than the percentage of increase applied to retail water customers, or as otherwise changed by amendment to the City Code.

(UDC 2010, § 8.24; Ord. No. 2005-3144, §§ 1, 2, 3-22-2005; Ord. No. 2008-3422, § 2, 2-12-2008; Ord. No. 2009-3526, § 2, 3-24-2009; Ord. No. 2011-3707, § 2, 3-22-2011; Ord. No. 2012-3791, § 2, 3-27-2012; Ord. No. 2013-3893, § 2, 3-26-2013; Ord. No. 2013-3927, § 2, 6-25-2013; Ord. No. 2014-3984, § 2, 3-25-2014; Ord. No. 2015-4086, § 2, 4-14-2015; Ord. No. 2016-4183, § 2, 3-22-2016; Ord. No. 2017-4318, § 2, 3-7-2017; Ord. No. 2018-4419, § 2, 3-27-2018; Ord. No. 2022-4713, § 2, 5-10-2022; Ord. No. 2023-4768, § 2, 3-28-2023)

(a)

In all residential instances, the rate schedule for water provided by the city outside the corporate limits billing shall be as follows:

(1)

1,500 gallons minimum .....$19.51 (effective April 1, 2023)

(2)

Debt service rate .....$5.80
(effective April 1, 2025)

(3)

1,501 gallons and over, per 100 gallons of metered water .....$1.44
(effective April 1, 2023)

(b)

In all non-residential instances, the rate schedule for water provided by the city outside the corporate limits billing shall be as follows:

(1)

1,500 gallons minimum .....$19.51 (effective April 1, 2023)

(2)

Debt service rate .....$24.00 (effective April 1, 2025)

(3)

1,501 gallons and over, per 100 gallons of metered water .....$1.4397 (effective April 1, 2023)

(UDC 2010, § 8.25; Ord. No. 67-317, § 4, 11-7-1972; Ord. No. 72-619, § 1, 9-18-1972; Ord. No. 74-731, § 4, 5-14-1974; Ord. No. 80-1076, § 2, 7-8-1980; Ord. No. 81-1143, § 2, 5-12-1981; Ord. No. 82-1225, § 2, 3-23-1982; Ord. No. 89-1941, § 2, 11-28-1989; Ord. No. 90-1981, § 4, 5-22-1990; Ord. No. 91-2048, § 2, 5-28-1991; Ord. No. 92-2121, § 2, 5-12-1992; Ord. No. 93-2190, § 2, 5-25-1993; Ord. No. 94-2251, § 2, 5-10-1994; Ord. No. 01-2756, § 2, 1-23-2001; Ord. No. 02-2880, § 3, 3-26-2002; Ord. No. 05-3134, § 2, 3-8-2005; Ord. No. 2006-3219, § 2, 3-21-2006; Ord. No. 2007-3333, § 3, 4-10-2007; Ord. No. 2008-3422, § 3, 2-12-2008; Ord. No. 2009-3526, § 3, 3-24-2009; Ord. No. 2011-3707, § 3, 3-22-2011; Ord. No. 2012-3791, § 3, 3-27-2012; Ord. No. 2013-3893, § 3, 3-26-2013; Ord. No. 2013-3927, § 3, 6-25-2013; Ord. No. 2014-3984, § 3, 3-25-2014; Ord. No. 2015-4086, § 3, 4-14-2015; Ord. No. 2016-4183, § 3, 3-22-2016; Ord. No. 2017-4318, § 3, 3-7-2017; Ord. No. 2018-4419, § 3, 3-27-2018; Ord. No. 2022-4713, § 3, 5-10-2022; Ord. No. 2023-4768, § 3, 3-28-2023; Ord. No. 2025-4905, § 2, 3-25-2025)

Definitions:

Operation and maintenance shall mean all expenditures during the useful life of the system for materials, labor, utilities, and other items which are necessary for managing and maintaining the system to achieve the capacity and performance for which system was designed and constructed.

Replacement shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

Residential user shall mean any user of the city's water system whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

Shall is mandatory; may is permissive.

Water system shall mean any devices and systems for the storage, treatment, recycling, transmission, and distribution of water. These include transmission and distribution lines, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable water supply such as standby treatment units and any works, including site acquisition of land that will be part of the treatment process.

Winter average use shall mean average of winter quarter (Dec., Jan., Feb.).

Useful life shall mean the estimated period during which the treatment works will be operated.

User charge shall mean that portion of the total water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the water system.

Water meter shall mean a water volume measuring and recording device, furnished and/or installed by the City of Belton or furnished and/or installed by a user and approved by the City of Belton.

The city shall review the user charge system for all customers annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among all users and user classes.

The city will notify users at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.

The operation and maintenance account shall be an account designated for the specific purpose of defraying operation and maintenance costs of the entire water and wastewater system. Deposits in the operation and maintenance account shall be made monthly from the operation and maintenance revenue.

The replacement account or "capital outlay" shall be an account designated for the purpose of ensuring replacement needs for the drinking water and wastewater systems over the useful life of the system. Deposits in the drinking water replacement account shall be a minimum of $90,000.00 annually from the replacement revenue based on a 20-year annuity schedule within the city's water and wastewater rate model that is reviewed and updated annually. The annuity schedule shall include certain components such as water storage tanks, pumps, pump stations, and water and sewer lines. These funds may be utilized by the city for proactive maintenance of the assets that extend the useful life and replacement of those assets as appropriate.

Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance, and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance, and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

The water and sewer rates as set forth in sections 42-36, 42-38 and 42-39 shall be subject to automatic increase upon the effective date and by the same percentage as any future increase in the cost of water received by the City of Belton under its water contract with Kansas City, Missouri and any future additional sources; and costs of sewer treated by the Little Blue Valley Sewer District.

(UDC 2010, § 8.25.1; Ord. No. 81-1143, § 3, 5-12-1981; Ord. No. 2013-3946, § 1, 9-10-2013)

(a)

Imposition of water tap fee.

(1)

No application for a water service connection shall be approved, unless the applicant, if so required, has paid the applicable water tap fee imposed by this section. Any application for a water service connection approved by the city without payment by the applicant and collection by the city of the applicable water tap fee as required by this section shall be null and void.

(2)

Water service connections shall otherwise comply with all applicable ordinances of the city.

(3)

Approval of an application for a water service connection shall expire by limitation and become null and void if the connection has not been completed within 90 days of the date of such approval. Upon expiration, the applicant may apply for a refund of the water tap fee in accordance with subsection (e)(5) of this section.

(b)

Water tap fee applicability.

(1)

This section shall not be applicable to applications for water service connections otherwise necessary for:

a.

Room additions, remodeling, rehabilitation or other improvements to an existing structure, provided there is no increase in demand for water facilities;

b.

Rebuilding of a damaged or destroyed structure, whether voluntary or involuntary, provided there is no increase in demand for water facilities; or

c.

A change in occupancy without any increase in the demand for water facilities.

(2)

This section shall be applicable to applications for water service connection due to an increase in demand for water facilities. An increase in demand for water facilities shall mean the replacement of an existing water meter with a meter having a larger capacity, capable of delivering more gallons per minute than the existing meter and therefore creating a higher demand for water service than the existing meter.

(c)

Calculation of the water tap fee.

(1)

The city shall calculate the water tap fee due for a new application for service by:

a.

Determining the capacity multiplier of the size and type meter to be used for the new connection, relative to a five-eighths-inch by three-quarter-inch displacement type meter pursuant to Exhibit A, "Tap Fees for Meters ⅝" by ¾" and Larger" of Resolution 2005-68; and

b.

Determining the equivalent impact units of the size and type meter to be used for the new connection, relative to a five-eighths-inch by three-quarter-inch displacement type meter pursuant to Exhibit A, "Tap Fees for Meters ⅝" by ¾" and Larger" of Resolution 2005-68; and

c.

Multiplying the equivalent impact units by the water tap fee for a five-eighths-inch by three-quarter-inch displacement type meter, adopted pursuant to Exhibit A, "Tap Fees for Meters ⅝" by ¾" and Larger" Resolution 2005-68.

(2)

Where this section becomes applicable due to an increase in demand for water facilities, the water tap fee due shall be equal to the difference between the current fee for the new connection minus the current fee for the existing connection.

(3)

School district and tax exempt entity credits. The following categories shall be granted a full credit in the amount of the water tap fee calculated under this section:

a.

School districts. For development of structures for a school district of the state.

b.

Tax exempt entity. For development of structures for a person that is not subject to any federal, state or local taxes, including federal state and local sales, income, personal property, real property, use, earnings or license taxes. The burden of proof shall be on the person claiming this credit to demonstrate, by clear and convincing evidence, that the development being constructed is exempt from all federal, state and local taxes as described in this subsection.

(d)

Administration of water tap fees.

(1)

Collection of water tap fee. Water tap fees calculated and imposed pursuant to this section shall be collected by the city prior to approving any application for service.

(2)

Transfer of funds to the finance department. Water tap fees shall be transferred from the collecting agency to the finance department for placement in the water tap fee fund account that has been established pursuant to subsection (d)(3) of this section.

(3)

Water tap fee account established.

a.

There is hereby established a separate water tap fee account within the water fund for the city.

b.

Funds withdrawn from the water tap fee account must be used solely in accordance with the provisions of subsection (d)(4) of this section.

c.

Any funds not immediately necessary for expenditure shall be invested in interest-bearing accounts. All interest earned shall be retained in the water tap fee account.

(4)

Use of fees collected. The fees collected by reason of this section shall be used exclusively for the purpose of undertaking water facilities projects or for financing directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the costs of water facilities projects.

(e)

Refunds.

(1)

Upon application of the current property owner, the city shall refund the portion of any water tap fee that has been on deposit for more than seven years and that remains unexpended.

a.

The current owner of the property must petition the city for the refund within six months following the seven-year period. The time for filing a refund petition shall run from the date on which the water tap fee was paid.

b.

The petition must contain the following information:

1.

A notarized sworn statement that the petitioner is the current owner of the property; and

2.

A copy of the dated receipt issued for the payment of the water tap fee.

(2)

A tap fee collected pursuant to this section shall be considered expended if, within seven years from the date of payment, the total expenditures for water facilities necessary to serve new connections exceeds the total fees collected for such facilities during such period.

(3)

If a refund is due pursuant to subsections (e)(1) and (2) of this section, the city shall determine the amount of the refund per equivalent impact unit by dividing the difference between the amount of the fees collected and the amount of expenditures by the total number of equivalent impact units provided. The total refund due shall be calculated by multiplying the refund per equivalent impact unit by the capacity multiplier for the size and type meter for which the water tap fee was originally paid.

(4)

Within one month from the date of receipt of a petition for the refund the city shall advise the petitioned of the status of the refund request. If the petition for refund meets all the requirements of subsections (e)(1), (2) and (3) of this section, the city shall issue the refund within two months from the date of receipt of the petition for refund.

(5)

Refunds requested pursuant to the expiration of a water connection approval must be submitted within six months of the date of expiration of said approval. Refund requests under this subsection are not required to submit petitions pursuant to subsection (a) of this section; however, adequate proof of entitlement to the refund must be provided to the city.

(f)

Annual review of water tap fee.

(1)

Beginning in calendar year 2006 and annually thereafter, the city manager, with the assistance of the community development department, the finance department, and the public works department shall prepare a report on the subject of water tap fees, which report shall include:

a.

Recommendations on amendments, if appropriate, to this section;

b.

Proposed changes to the water tap fee calculation methodology;

c.

Proposed changes to the water tap fee calculation variables;

d.

Proposed changes to the water tap fee rates or schedules.

(2)

The city manager in preparing the annual report, shall obtain and review the following information:

a.

A statement from the finance department summarizing water tap fees collected and disbursed during the preceding year for water facility projects;

b.

A statement from the water system management summarizing water facility projects initiated and completed during the preceding year;

c.

A statement from the community development department summarizing the applications for service approved during the preceding year;

d.

A statement from the water system that the water facility projects undertaken with water tap fee funds are consistent with pro rata portion of the approved capital improvement program (CIP);

e.

A revision of the CIP project list applicable to new connections and water tap fee calculation, as appropriate.

(3)

The report shall be presented to the water tap fee review committee. The mayor shall select and the board shall approve, the members of the water tap fee review committee for two-year terms. The committee shall be composed of five members, including the director of the public works department or his or her designee, a local construction contractor or builder, a local developer, and two citizen members. A member of the board shall be an ex-officio member of the water tap fee review committee. The committee's primary purpose shall be to review and comment on, the annual report prepared by the city manager. The committee's comments shall be forwarded to the board.

(4)

Based on the annual report, the comments of the water tap fee review committee, and other factors as the board deems relevant and appropriate, the board may amend this section and/or Resolution 2005-68.

(5)

The annual review shall be completed by and presented to the board at a November board meeting each year.

(6)

Nothing herein precludes the board or limits its discretion to amend this section or Resolution No. 2005-68 at such other times as may be deemed necessary.

(g)

Appeals of water tap fee imposed.

(1)

The applicant for a new water service connection may appeal the following decisions to the board:

a.

The applicability of the water tap fee to the connection;

b.

The amount of the water tap fee due;

c.

The amount of a refund due, if any.

(2)

The burden of proof shall be on the appellant to demonstrate that:

a.

The water tap fee is not applicable;

b.

The amount of the fee does not reasonably reflect the applicant's pro rata share of the cost of water service facilities required to serve the applicant's water service connection; and/or

c.

The amount of the refund was not calculated in accordance with the provisions of this section.

(3)

The applicant shall file a notice of appeal with the city clerk within 30 days following the determination of the applicability of the water tap fee or the amount of the water tap fee. An application for service may continue to be processed while the appeal is pending, provided that the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the tap fee due.

(4)

Within ten days of the notice of appeal, or by such date as shall be agreed upon in writing between the applicant and the city, the applicant shall submit to the public works department studies, calculations and other documentation appropriate to the determination of a tap fee for new connection, or the determination of a refund.

(UDC 2010, § 8.26; Ord. No. 2005-3196, § 4, 12-13-2005; Ord. No. 2009-3554, § 1, 7-28-2009)

(a)

Any water meter installed for original service shall be a city-owned meter installed and connected at the expense of the owner of the premises served in accordance with the cost set forth in section 42-34.

(b)

Meter settings shall be in holes dug by the owner or agent of the premises to be served, and the wells installed in said holes shall be of concrete, vitrified clay or other material acceptable to the city water specifications. Such meter settings shall provide free and nonhazardous access to the superintendent of the water department and [shall be] subject to the approval of the superintendent of the water department. All meters shall be set by the city, and charges therefor shall be assessed against the owner of the premises served as provided for in section 42-34. Water mains shall be tapped and meters shall be set after the rates have been paid to the city to cover the cost of connection charge, meters and setting. The acceptance of the title to or the care of a water meter by the city as provided herein shall not, however, relieve the consumer of the responsibility for improper setting, heat damage, freezing or consumer fault or negligence.

(c)

The water line from the tap at the city water main to the meter must be of soft type K copper line and the valves to the meter must meet the specifications as determined by the superintendent of the water department.

(d)

No more than two water meters shall be connected to a water tap or a direct connection to a water main, and no more than two water meters shall be placed in any meter setting or meter well.

(e)

Meter covers must be type approved by the city specifications. Water meter covers and frames of any other material, metal or alloy will not be acceptable.

(f)

Meters 1½ inches and larger will require a bypass line with a sealed bypass value. This valve on bypass line must be O.S. & Y. type. Ford or equivalent custom-setter may also be used upon approval of the water department.

(UDC 2010, § 8.27; Ord. No. 62-92, § 2, 2-20-1962; Ord. No. 81-1123, § 1-27-1981; Ord. No. 01-2760, § 3, 1-23-2001)

(a)

Authorized; applicability. Depending upon the availability of adequate water and water pressure, same being within the sole discretion of the city, upon proper application and payment of fees and charges as herein provided, a meter and gate valve may be installed on a fire hydrant to accommodate those users who are in need of large volumes of water for agricultural, industrial or construction purposes. Installation shall consist of installing a gate valve, meter and meter stand. This section applies only to existing fire hydrants and does not obligate the city to provide a fire hydrant. In addition, said use shall be subject to restrictions, regulations and termination by the city in the event of water shortage or lack of water pressure.

(b)

Fees. A refundable deposit of $487.00 must be made at the time of application for a fire hydrant meter, plus a $15.00 installation fee, said installation fee is not refundable. Installation shall consist of installing a gate valve, meter and meter stand. From the date of installation until the date of removal, there will be a charge, based on actual number of gallons used, at the then existing rate as provided in section 46-36.

(c)

Deposit refunds. The deposit herein required shall be refunded to the user at the time service is terminated, providing the meter has had a final reading and all bills and charges have been satisfied in full. Any unsatisfied charges shall be deducted from said deposit and the remainder, if any, refunded to the user. Additional unsatisfied charges will be billed to the user and must be satisfied before water service is provided to such user at any other location.

(UDC 2010, § 8.27.01; Ord. No. 79-998, § 1, 6-12-1979; Ord. No. 81-1151, § 1, 6-9-1981; Ord. No. 87-1729, § 1, 5-26-1987)

Editor's note— Ord. No. 79-998, § 1, adopted June 12, 1979, did not expressly amend this Code; hence, codification as § 42-43 is at the discretion of the editor.

(a)

Required; exception. All private water systems receiving water from the city shall, on September 1, 1980, be required to have a proper water meter installed at the juncture of the private water system and the public system of the city unless it is determined by the city council that same would not be in the best interests of the city.

(b)

Fees. The owner or owners of said private water system shall be required to deposit with the city sufficient funds in order to reimburse the city for the costs of the water meter and other necessary material, plus [pay a] $150.00 installation fee.

(c)

Billing; responsibility for payment. The individual or individuals receiving water from a private water system shall be billed in accordance with the normal city procedures, said bill being based upon the water reading from the water meter at the juncture of the private water system with the public water system of the city. If more than one individual is receiving water from any private water system, it shall be the responsibility of those individuals to properly prorate and allocate said water bill and to see that said bill is paid in full as required by the ordinances of the city.

(d)

Removal of individual service meters. Any individual on a private water system being billed pursuant to the terms of this section shall have the right to have his or her individual service meter removed by personnel of the city and the return of his or her meter deposit.

(UDC 2010, § 8.27.02; Ord. No. 80-1070, §§ 1—4, 6-24-1980)

Editor's note— Ord. No. 80-1070, §§ 1—4, adopted June 24, 1980, did not expressly amend this Code; hence, codification as § 42-44 is at the discretion of the editor.

It shall be unlawful and is prohibited for any user of water service from the city, whether a record owner or a non-record owner as defined in section 42-35, to perform or allow to be performed any act which in any way results in interference with or hindrance of any water department employee of the city from gaining free and nonhazardous access to any water meter or any water meter well on the premises occupied by said user, for the purpose of reading, inspecting, removal or replacement of the water meter or water meter well or for the purpose of shutting off water service to the premises of said user.

(UDC 2010, § 8.27.1; Ord. No. 78-934, § 1, 5-23-1978)

(a)

The superintendent of the water department shall cause water meters to be removed from service for tests and inspection at such intervals as is required to insure the accuracy of the readings and registerings. The cost of such removal, tests, inspection, repair and replacement shall be borne by the city.

(b)

The removal of the water meters for tests and inspection may be requested by the consumer or property owner served by the meter. If a meter so removed by consumer order is found by tests to be in error by less than two percent the cost of such removal, tests and replacement shall be borne by the consumer.

(c)

All meters one inch and smaller to be connected to the water system will be installed by the water department in accordance with the schedule of charges set forth herein. The charges for installing larger meters shall be in accordance with existing costs at the time of installation or meter and necessary supplies may be furnished at the cost of the customer. In either case, meters must be tested by the city prior to installation at the expense of the customer and all meters become the sole property of the water department once connected to the system.

(d)

Rates for testing meters:

(UDC 2010, § 8.28; Ord. No. 62-92, § 3, 2-20-1962; Ord. No. 81-1123, § 4, 1-27-1981; Ord. No. 01-2760, § 4, 1-23-2001)

(a)

The city's customers are divided into four areas (cycles) for reading of meters. Meters will be read on a monthly basis as follows:

(b)

Water bills will normally be mailed as follows:

If the 7th, 14th, 21st or 28th day of the month falls on a Saturday, bills will be dated and mailed on Friday the prior day. If the 7th, 14th, 21st, or 28th day falls on Sunday, bills will be dated and mailed on Monday the following day. Bills become due and payable upon mailing to users.

(UDC 2010, § 8.29; Ord. No. 67-319, § 3, 11-7-1967; Ord. No. 74-731, § 3, 5-14-1974; Ord. No. 87-1695, § 2, 1-3-1987; Ord. No. 88-1816, § 2, 5-10-1988; Ord. No. 93-2211, § 1, 8-10-1993; Ord. No. 01-2760, § 7, 1-23-2001)

(a)

Delinquency date. All water bill payments which are in the hands of the finance department before 12:00 noon on the 21st day following the billing date, shall be considered paid prior to the penalty date. In the event such 21st day is a holiday, Saturday or Sunday, any payment which is in the hands of the finance department by 12:00 noon on the first business day following the 21st day from the billing date will be considered paid prior to the penalty date. Any payment received after such date and time shall be subject to a penalty charge.

(b)

Penalty amount. All payments received after the delinquency date shall be charged a ten percent penalty due and payable at the same time that the basic bill is paid. At the request of the customer, the city manager or a person designated by the city manager shall have the authority to waive the penalty amount for any water customer one time during a rolling 12-month period.

(UDC 2010, § 8.30; Ord. No. 67-319, § 3, 11-7-1967; Ord. No. 74-731, § 2, 5-14-1974; Ord. No. 82-1293, § 1, 9-14-1982; Ord. No. 85-1544, § 41, 5-29-1985; Ord. No. 87-1695, § 1, 1-13-1987; Ord. No. 88-1816, § 3, 5-10-1988; Ord. No. 89-1871, § 1, 2-28-1989; Ord. No. 90-2025, § 1, 12-11-1990; Ord. No. 93-2211, § 2, 8-10-1993; Ord. No. 2012-3849, § 1, 10-23-2012)

All delinquent water charges must be satisfied no later than the noted time and date indicated on the final notice. Payments delivered through the U.S. mail at the regular delivery service on that date will be considered paid. All bills remaining unsatisfied after posting on this date shall be considered as past due and shall be immediately turned off. A service charge of $35.00 shall be added to the account at this time and shall be collectible under the same terms and conditions as the basic water bill. At the request of the customer, the city manager or a person designated by the city manager shall have the authority to waive the service charge for any water customer one time in a rolling 12-month period.

(UDC 2010, § 8.31; Ord. No. 67-319, § 3, 11-7-1967; Ord. No. 74-731, § 2, 5-14-1974; Ord. No. 87-1695, § 4, 1-13-1987; Ord. No. 87-1779, § 1, 10-27-1987; Ord. No. 88-1816, § 4, 5-10-1988; Ord. No. 93-2211, § 3, 8-10-1993; Ord. No. 01-2760, § 5, 1-23-2001; Ord. No. 02-2880, § 4, 3-26-2002; Ord. No. 2012-3849, § 2, 10-23-2012)

Editor's note— Ord. No. 01-2760, § 7, adopted Jan. 23, 2001, repealed § 42-50 in its entirety. Formerly, said section was numbered 8.32 and pertained to restoration of service. See the Code Comparative Table.

In the event that water service is terminated and no application is made to restore service, the water department shall be responsible for determining whether or not service has been restored by other than the water department. The primary means of making this determination shall be by daily inspections of the meter after service has been terminated. If the meter indicates that usage has occurred since termination, the meter shall be removed immediately. Replacement of the meter shall require a payment of $100.00 by the user in addition to all other charges and fees associated with the original termination, and shall be collected prior to the restoration of service. Any physical damage to the city's property must be paid to the city by the customer along with all other charges prior to restoration.

(UDC 2010, § 8.33; Ord. No. 67-319, § 3, 11-7-1967; Ord. No. 74-731, § 2, 5-14-1974; Ord. No. 97-2429, § 2, 2-25-1997; Ord. No. 02-2880, § 5, 3-26-2002)

(a)

In the event a water user receives a substantially higher water bill than is usual for said customer and it is determined that the excess usage was the likely result of a leak or break on the user's side of the water meter, and the water user provides appropriate evidence that such leak or break has been corrected, either by evidence of a paid receipt for the repair or evidence that water usage has returned to normal, the city manager or a person designated by the city manager shall have the power to review and adjust the water and sewer bill of the customer to an amount equaling the average water and sewer bill incurred by the user during the preceding three-month period plus the actual cost of water and sewer that flowed thru the meter. In the event the water user does not have a three-month use history at the location in question, other equitable adjustments may be considered in accordance with the spirit of this subsection at the discretion of the city manager or a person designated by the city manager. Substantially higher shall be defined as a monthly usage exceeding two and one-half times the average water usage of the last three months of billing. No sewer adjustment shall be considered for a winter average customer.

(b)

When residential customers have excessive metered water usage that could not reasonably be expected to have entered the sanitary sewer system, the city manager or a person designated by the city manager shall have the authority to adjust the sanitary sewer charge to an amount equaling the average sewer bill incurred by the user during the preceding three-month period. In the event the customer does not have a three-month use history at the location in question, other equitable adjustments may be considered in accordance with the spirit of this subsection at the discretion of the city manager or a person designated by the city manager. Excessive water usage shall be defined as a monthly usage exceeding two and one-half times the average water usage of the last three months of billing. No sewer adjustment shall be considered for a winter average customer.

(c)

Any customer who is unhappy with the administrative decision may appeal to the city council.

(UDC 2010, § 8.34; Ord. No. 83-1418, § 2, 12-23-1983; Ord. No. 00-2743, § 1, 11-14-2000; Ord. No. 2012-3849, § 3, 10-23-2012)

The provisions of this division shall apply to all contractors, builders, developers, plumbers, private citizens and any and all other persons, firms or organizations who would be engaged in the extension, modification, repair or replacement of any water mains operating or serving water from the water system within the city. It shall be the duty of the aforesaid party to locate all underground utilities and other obstacles which may be encountered during the course of construction prior to excavation by any power-driven equipment. Destruction or damage to any utility shall be repaired or replaced at the sole expense of the contractor. The size, type and location of all known obstacles and utilities in the right-of-way of the proposed water or sewer main or proposed service line are shown on the plans according to the best information available. The water or sewer department does not guarantee the number, type, size or location of the obstacles and utilities.

(UDC 2010, § 8.41; Ord. No. 74-727, § 1, 4-9-1974; Ord. No. 81-1123, § 5, 1-27-1981)

For the purpose of this division, "water mains" referred to herein shall consist of feeder mains, distribution mains and service mains, and are defined as follows:

Distribution main means a conduit connected to a feeder main or other distribution main serving as the principal supply system for localities. Such mains may range in size from 12 inches and larger as determined by the city. Customer service lines, hookups directly to a distribution main will be limited to those lots which are platted and actually "front" on the right-of-way in which the distribution main is installed.

Feeder main means a conduit used for transporting water from one part of the city to a more remote part. Such mains may be installed by developers or the city, and may range in size from 12 inches and larger as determined by the city. Customers are not served from feeder mains except in unusual situations and after approval of the city council.

Service main means a conduit that supplies water to a residential area to which individual customer service connections are made. Service mains may range in size from eight inches to 12 inches in diameter as determined by the city and are installed by developers, buildings or private citizens to serve new or old subdivisions, or similar type extensions.

(UDC 2010, § 8.42; Ord. No. 74-727, § 2, 4-9-1974; Ord. No. 94-2238, § 1, 2-8-1994)

The city water distribution system may be extended or expanded in several ways; however, the most common methods are as follows:

(1)

New subdivisions. The developer of a new subdivision is responsible for extending distribution and service mains to serve the new area. Engineering plans are submitted for approval on the proposed water line extensions, and are processed in accordance with procedures outlined in the subdivision regulations and other city ordinances. The costs of these extensions are paid by the developer and are reflected in the cost of the individual lots when sold.

(2)

Existing subdivisions. Distribution and service mains may be installed by the city with the costs prorated to the property owners benefiting from the improvement. The following procedure is hereby established:

a.

Upon written petition by the property owners to be served by a common water main extension, the city will cause the necessary engineering to be performed and will solicit bids for the construction of the line.

b.

The lowest and best bid will be selected and the costs, including engineering, will then be determined.

c.

One individual shall be selected by the group to act as coordinator for the project and shall be responsible for financial and other matters related to the project. The coordinator will determine the number of property owners who are interested in participating, collect the necessary funds and turn them over to the city.

d.

The city will then let the contract to the successful bidder.

(UDC 2010, § 8.43; Ord. No. 74-727, § 3, 4-9-1974)

Editor's note— Ord. No. 01-2760, § 7, adopted Jan. 23, 2001, repealed § 42-81 in its entirety. Formerly, said section was numbered 8.44 and pertained to determination of cost to individual property owners in existing subdivisions. See the Code Comparative Table.

The provisions of this division shall apply to all contractors, builders, developers, plumbers and any and all other persons, firms or organizations who would be engaged in the extension, modification, repair or replacement of any water mains requiring water service from the water system of the city, and this division shall hereinafter be titled and known as "Materials and Specifications Water Main Code of the City of Belton."

(UDC 2010, § 8.51; Ord. No. 70-498, § I, 11-10-1970)

It shall be the responsibility of the superintendent of the water department or other properly qualified individual, to enforce the provisions of this division.

(UDC 2010, § 8.52; Ord. No. 70-498, § II, 11-10-1970)

Editor's note— Inasmuch as §§ 42-79 and 42-108 both defined similar terms, Ord. No. 82-1308, § 1, adopted Nov. 9, 1982, provided for the repeal of § 42-108 which had been derived from Ord. No. 70-498, § III, adopted Nov. 10, 1970.

Water mains are further classified as city mains and private mains. Private mains will not be connected to the city's system except as a provision in a contract between the city and a public water supply district or private water company. The standards and specifications established herein shall apply to both private and public mains which shall be constructed after November 10, 1970, and which shall become a part of the city water system.

(UDC 2010, § 8.54; Ord. No. 70-498, § IV, 11-10-1970)

(a)

Purpose, application, and policy.

(1)

Purpose.

a.

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

b.

To protect city residents from lead contamination in the city's public drinking water system and their own private plumbing systems.

(2)

Application. This section shall apply to all premises served by the public drinking water system of the City of Belton.

(3)

Policy. It is the city's intent to ban the use of lead based material in the construction or modification of the city's drinking water system or private plumbing connected to the city system. The cooperation of all consumers is required to implement the lead ban.

If, in the judgment of the authorized city representative, lead base materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the consumer. The consumer shall immediately remove lead base materials from the plumbing system and replace them with lead free materials. If the lead base materials are not removed from the plumbing system, the city shall have the right to discontinue water service to the premises.

(b)

Definitions.

(1)

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

a.

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

b.

Lead base materials means any material containing lead in excess of the quantities in subsection (b)(1)c below;

c.

Lead free means:

1.

In general.

i.

When used with respect to solder and flux, refers to solders and flux containing not more than zero and 0.2 percent lead; and

ii.

When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 0.25 percent lead.

2.

Calculation. The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product. The lead content of the material used to produce wetted components shall be used to determine the compliance with subsection c.1.ii above For lead content of materials that are provided as a range, the maximum content of the range shall be used.

d.

Public drinking water system means any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources; and

e.

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

f.

Exemptions.

1.

Leaded joints necessary for the repair of cast iron pipes;

2.

Pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for non-potable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or

3.

Toilets, bidets, urinals, fill valves, flush-o-meter valves, tub fillers, shower valves, service saddles, or water distribution main gate valves that are two inches in diameter or larger.

(c)

Lead banned from drinking water plumbing.

(1)

No water service connection shall be installed or maintained to any premises where lead base materials were used in construction or modifications of the drinking water plumbing after January 1, 1989.

(2)

If a premises is found to be in violation of subsection (c)(1), water service shall be discontinued until such time that the drinking water plumbing is lead free.

(Ord. No. 2025-4897, § 1, 1-28-2025)

Editor's note— Ord. No. 2025-4897, § 1, adopted Jan. 28, 2025, repealed § 42-110, and enacted a new § 42-110 as set out herein. The former § 42-110 pertained to standards and specifications prescribed and derived from UDC 2010, § 8.55, Ord. No. 70-498, § V, adopted Nov. 10, 1970, Ord. No. 72-611, § 1, adopted Aug. 8, 1972, Ord. No. 01-2760, § 6, adopted Jan. 23, 2001 and Ord. No. 2003-2955, § 1, adopted Jan. 28, 2003.

Unless otherwise provided by another ordinance, it shall be the responsibility of the persons named in section 42-106 to bear the entire cost of any and all extensions to the city water mains to include, but not be limited to, the cost of all pipe and fittings, excavation, backfill, street repair and the replacement or repair of any and all existing improvements which may be damaged during construction. Any damage incurred to city property in the process of extending water mains must be repaired or restored to a condition equal to that which existed prior to the damage. The superintendent of the water department shall inspect the work and make this determination. Before construction is started, all new developments and subdivisions require approval of plans and specifications by the planning commission of the city.

(UDC 2010, § 8.56; Ord. No. 70-498, § VI, 11-10-1970; Ord. No. 2005-3196, § 7, 12-13-2005)

Any person named in section 42-106 who violates any provision of this division, upon being convicted shall be subject to revocation of his or her installation permit and in addition thereto punished as provided in section 1-18.

(UDC 2010, § 8.57; Ord. No. 70-498, § VII, 11-10-1970)

Whenever the mayor, president of the city council, or city manager, with the concurrence of the director of public utilities, determines that the city water supply is in danger of being depleted as the result of the breakdown of the water supply system, lack of storage facilities or pressure, or increased user demand for water, any one of the above-named individuals shall have the authority to declare a water emergency.

(UDC 2010, § 8.61; Ord. No. 80-1078, § 1, 7-8-1980)

Upon the declaration of a water emergency by any one of the above-named individuals, there shall be placed upon the public bulletin board at the city hall a notice that a water emergency has been declared, together with limitations and prohibitions of water use; and said notice shall remain posted on said bulletin board until said water emergency is abated. In addition, at least two radio or television stations where broadcasts are normally received within the city shall be contacted and requested to broadcast, as a public service announcement, the fact that a water emergency has been declared by the city and the provisions of this division which are in effect during said water emergency. In addition, all water districts supplied by the city shall be notified of the water emergency and applicable limitations and prohibitions relating to water use.

(UDC 2010, § 8.62; Ord. No. 80-1078, § 2, 7-8-1980)

All limitations and prohibitions adopted during said water emergency relating to water use shall remain in effect until terminated by the announcement of the city manager, director of public utilities, mayor or president of the city council. Said termination shall be evidenced by a notice of said termination upon the public bulletin board in the city hall, and at least two radio or television stations whose broadcasts are normally received within the city shall be contacted and requested to broadcast, as a public service announcement, the fact the water emergency has been terminated.

(UDC 2010, § 8.63; Ord. No. 80-1078, § 4, 7-8-1980)

(a)

The following uses of water by users of the city water system shall be limited or prohibited during any water emergency in the order herein stated, and the specific limitations or prohibitions adopted shall be stated in any declaration of water emergency as provided in section 42-139. Nothing herein shall be construed as prohibiting the imposition of two or more of the limiting or prohibiting subsections hereinbelow set forth:

(1)

The limitation or prohibition of dispensation of water at the city water dock for uses other than domestic use within the city;

(2)

The limitation or prohibition of lawn watering;

(3)

The limitation or prohibition of washing motor vehicles, boats or filling or refilling swimming pools;

(4)

The limitation or prohibition of water use by commercial car washes;

(5)

The limitation or prohibition of watering shrubs, trees and gardens;

(6)

The limitation or prohibition of use by any industrial or commercial business establishment; and

(7)

The limitation or prohibition of use for domestic purposes other than those hereinabove stated.

(b)

In the event any water user of the city water system is found to be using water in violation of any of the limitations or prohibitions invoked during water emergency, he shall first be requested to cease or limit said use during the water emergency in accordance with the declared limitations or prohibitions of the water emergency; said warning may be given to said water user by a police officer of the city. In the event said water user is again found to be using water in violation of the limitations or prohibitions declared in the water emergency, the police officers of the city are hereby authorized to issue complaint summons for said violation. Any person convicted of violating any of the provisions of this section shall be punished as provided in section 1-24 of this Unified Development Code. Each such violation of a limitation or prohibition of water use shall constitute a separate offense under this section.

(UDC 2010, § 8.64; Ord. No. 80-1078, § 3, 7-8-1980; Ord. No. 80-1079, §§ 1, 2, 7-22-1980)

(a)

Purpose. The purpose of this division is:

(1)

To protect the public potable water supply from contamination or pollution by containing within the consumer's internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.

(2)

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

(3)

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.

(b)

Application. This division shall apply to all premises served by the public potable water system of the City of Belton.

(c)

Policy.

(1)

This division will be reasonably interpreted by the water purveyor. It is the water purveyor's intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.

(2)

The water purveyor shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross-connections. The water purveyor and consumer are jointly responsible for preventing contamination of the water system.

(3)

If, in the judgment of the water purveyor or his or her authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflow prevention assembly, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his or her own expense; and failure, refusal, or inability on the part of the consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.

(UDC 2010, § 8.66; Ord. No. 91-2035, § 1, 2-26-1991; Ord. No. 2003-2980, § 1, 6-10-2003)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Air gap separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.

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

Backflow means the flow other than the intended direction of flow of any foreign liquids, gases, or substances into the distribution system of a public water supply.

Backflow prevention assembly means any assembly, methods, or type of construction intended to prevent backflow into a potable water system.

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

Containment means protection of the public water supply by installing a cross-connection control assembly or air gap separation on the main service line to a facility.

Contamination means an impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

Cross-connection means any physical link between a potable water supply and any other substance, fluid, or source, which makes possible the contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.

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

(1)

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

(2)

Hazard, plumbing, means a plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a air gap separation or backflow prevention assembly.

(3)

Hazard, pollutional, 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 but which would constitute a nuisance or be aesthetically objectionable or would cause damage to the system or its appurtenances, but would not be dangerous to health.

(4)

Hazard, system, 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.

Industrial process system means any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.

Isolation means protection of a facility service line by installing a cross-connection control assembly or air gap separation on an individual fixture, appurtenance, or system.

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

Public potable water system means any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the state department of natural resources.

Service connection means the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

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

(UDC 2010, § 8.67; Ord. No. 91-2035, § 2, 2-26-1991; Ord. No. 2003-2980, § 2, 6-10-2003)

(a)

No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public potable or consumer's water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the water purveyor, and as required by the laws and regulations of the state department of natural resources.

(b)

No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the water purveyor and the state department of natural resources.

(c)

No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the water purveyor as necessary for the protection of health and safety.

(d)

Existing or future private wells must be installed and maintained to prevent actual or potential cross-connections to the public water supply. If a two-source water supply is present, the private well system can be used by the property owner, but can't be connected to the property's plumbing system if drinking water is supplied by the public drinking water system. The water source that is connected to the public drinking water system must have an "approved backflow prevention assembly" established by the state of natural resources if both systems are to remain active. If a private well is being discontinued, it must be cut and capped nearest to the connection point and inspected by the water services division. All wells must be terminated using the guidelines set by the water purveyor and the state department of natural resources.

(UDC 2010, § 8.68; Ord. No. 91-2035, § 3, 2-26-1991; Ord. No. 2013-3937, § 3, 7-23-2013)

(a)

The consumer's premises shall be open at all reasonable times to the water purveyor, or his or her authorized representative, for the purpose of conducting surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water system.

(b)

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

(c)

It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his or her premises to determine whether there are actual or potential cross-connections to his or her water system through which contaminants or pollutants could backflow into his, her or the public potable water system.

(UDC 2010, § 8.69; Ord. No. 91-2035, § 4, 2-26-1991; Ord. No. 2003-2980, § 3, 6-10-2003)

(a)

The type of protection required by this division shall depend on the degree of hazard which exists, as follows:

(1)

An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.

(2)

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

(3)

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

(UDC 2010, § 8.70; Ord. No. 91-2035, § 5, 2-26-1991; Ord. No. 2003-2980, § 4, 6-10-2003)

(a)

An approved backflow prevention assembly shall be installed on each water service line to a consumer's premises where, in the judgment of the water purveyor or the state department of natural resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.

(b)

An approved air gap separation or reduced pressure principle backflow prevention assembly shall be installed at the service connection or within any premises where, in the judgment of the water purveyor or the state department of natural resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a backflow occur, even though a cross-connection may not exist at the time the backflow prevention assembly is required to be installed. This includes but is not limited to the following situations:

(c)

The following types of facilities, not all-inclusive, fall into (Class I backflow hazards) one or more of the categories of premises where an approved air gap separation or reduced pressure principle backflow prevention assembly is required by the water purveyor and the state department of natural resources to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the water purveyor and the state department of natural resources:

(1)

Aircraft and missile manufacturing plants;

(2)

Automotive plants including, but not limited to, those plants which manufacture motorcycles, automobiles, trucks, recreational vehicles and construction and agricultural equipment;

(3)

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

(4)

Beverage bottling plants including, but not limited to, dairies, soft drink bottlers, and breweries;

(5)

Canneries, packing houses, and reduction plants;

(6)

Car washes;

(7)

Chemical biological and radiological laboratories including, but not limited to, those in high schools, grade schools, colleges, universities and research institutions;

(8)

Hospitals, clinics, medical buildings, autopsy facilities, morgues, mortuaries, veterinary facilities, dental clinics, and other medical facilities;

(9)

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

(10)

Plants manufacturing paper and paper products;

(11)

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

(12)

Commercial facilities that use herbicides, pesticides, fertilizers or any chemical which would be a contaminant to the public water system;

(13)

Plants processing, blending or refining animal, vegetable or animal oils;

(14)

Metal manufacturing, cleaning, processing and fabricating plants;

(15)

Commercial laundries and dye works;

(16)

Sewage, stormwater and industrial waste treatment plants and pumping stations;

(17)

Waterfront facilities including piers, docks, marinas and shipyards;

(18)

Industrial facilities, which recycle water;

(19)

Restricted or classified facilities or other facilities closed to the supplier of water or the department of natural resources;

(20)

Fire sprinkler systems using any chemical additives;

(21)

Auxiliary water systems, including but not limited to alternative water towers;

(22)

Irrigation systems with facilities for injection of pesticides, herbicides or other chemicals or with provisions for creating back pressure. The backflow assembly may be installed between the customer service line and the irrigation system;

(23)

Portable tanks for transporting water taken from a public water system;

(24)

Facilities which have pumped or repressurized cooling or heating systems that are served by a public water system; and

(25)

Facilities which contain a boiler system and are served by a public water system.

The backflow assembly may be installed on the water service line to the boiler.

(d)

The following is a list, not all-inclusive, of actual or potential Class II backflow hazards:

(1)

Tanks to store water from the public water system for firefighting only, unless the tanks meet the requirements of the water purveyor or department of natural resources for construction to maintain bacteriological quality of the water;

(2)

Fire sprinkler systems using chemical additives. This only applies to new fire sprinkler systems or fire sprinkler systems scheduled for modifications;

(3)

Irrigation systems without facilities for injection of pesticides, herbicides or other chemicals. The backflow assembly may be installed between the customer service line and irrigation system;

(4)

Cross-connections that could permit introduction of contaminants into the public or customer water system and create a nuisance, be aesthetically objectionable or cause minor damage to the public water system or its appurtenances;

(5)

Customer facilities not designated a backflow hazard by this division or subsection (3)(A) or (B) of title 10, division 60, chapter 11 of the state department of natural resources may be designated a Class I or Class II backflow hazard by written notification from the water purveyor or the department of natural resources to the customer. The notice shall specify the nature of the customer activity, which necessitates designation of the facility as a backflow hazard, the type of backflow protection required and the date by which the customer shall install or construct this assembly on the customer service line to the facility.

(UDC 2010, § 8.71; Ord. No. 91-2035, § 6, 2-26-1991; Ord. No. 2003-2980, § 5, 6-10-2003)

(a)

Any backflow prevention assembly required by this division shall be of a model or construction approved by the water purveyor and the state department of natural resources.

(1)

Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.

(2)

A double check valve assembly or a reduced pressure principle backflow prevention assembly shall be approved by the water purveyor, and shall appear on the most current list of "Approved Backflow Prevention Assemblies" established by the state department of natural resources.

(b)

Existing backflow prevention assemblies approved by the water purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this division so long as the water purveyor is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the water purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention assembly meeting the requirements of this division.

(UDC 2010, § 8.72; Ord. No. 91-2035, § 7, 2-26-1991; Ord. No. 2003-2980, § 6, 6-10-2003)

(a)

Backflow prevention assemblies required by this division shall be installed at a location and in a manner approved by the water purveyor and shall be installed at the expense of the water consumer.

(b)

Backflow prevention assemblies installed on the service line to the consumer's water system shall be located on the consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.

(c)

Backflow prevention assemblies shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.

(UDC 2010, § 8.73; Ord. No. 91-2035, § 8, 2-26-1991; Ord. No. 2003-2980, § 7, 6-10-2003)

(a)

It shall be the duty of the consumer at any premises on which backflow prevention assemblies required by this division are installed to have inspections and testing. The water purveyor will establish the anniversary date for the annual testing.

(1)

Air gap separations shall be inspected at the time of installation and at least every 12 months thereafter.

(2)

Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every 30 months.

(3)

Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five years.

(b)

Inspections, tests, and overhauls of backflow prevention assemblies shall be made at the expense of the water consumer and shall be performed by a state-certified backflow prevention device tester.

(c)

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

(d)

The water consumer must maintain a complete record of each backflow prevention assembly(s) from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. Records of inspections, tests, repairs, and overhauls shall be made available to the water purveyor upon request.

(e)

Backflow prevention assemblies shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the water purveyor.

(UDC 2010, § 8.74; Ord. No. 91-2035, § 9, 2-26-1991; Ord. No. 2003-2980, § 8, 6-10-2003)

(a)

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

(b)

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

(UDC 2010, § 8.75; Ord. No. 91-2035, § 10, 2-26-1991; Ord. No. 2003-2980, § 9, 6-10-2003)

(a)

The purpose of this article is to provide for the maximum possible beneficial public use of the city's facilities through adequate regulation of sewer construction, sewer use and commercial and industrial wastes and to provide procedures for complying with requirements placed upon the city by other regulatory bodies.

(b)

The city is authorized and directed to carry out the provisions of this article governing the quality of sewage that might be discharged into the public sewers of the city.

(Ord. No. 2016-4222, § 1, 5-24-2016)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

As used in this division:

Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 United States Code (USC) 1251.

Authorized representative of industrial user means:

(1)

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

(2)

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(3)

A duly authorized representative if the industrial user is a governmental entity;

(4)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the industrial waste originates.

BOD (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in parts per million by weight.

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal.

CFR means the Code of Federal Regulations.

City means the City of Belton, Missouri.

City system or city's system means the interceptor, trunk and connecting sewers including manholes, access, junctions, metering, sampling and related structures; pump stations, treatment plants and support facilities; land, easements, and rights-of-way; all as may be acquired from others, whether interim or permanent facilities and whether acquired or constructed as initially planned facilities or extensions thereof.

Combined sewer means a sewer receiving both surface runoff and sewage.

Commercial and industrial wastes means water-carried wastes from commercial and industrial establishments as distinct from sanitary sewage.

Controlling authority means the City of Belton, Missouri or the Little Blue Valley Sewer District. See subsection 42-262(a). Authority for an explanation of the controlling authority as it pertains to a specific development, depending on sewershed.

Department means the public works department of the city or its authorized representative.

Dilute or dilution means the increase in the use of process water or in any other way attempting to dilute a discharge as a partial or complete substitution for adequate treatment.

District means the Little Blue Valley Sewer District, a common sewer district incorporated pursuant to sections 204.250 to 204.470 of the Revised Statutes of Missouri, as amended, or its duly appointed administrator.

District regulations for use and industrial pretreatment program means the district's regulations, duly enacted and adopted pursuant to authority granted by sections 204.250 and 204.470 of the Revised Statutes of Missouri, as amended, governing the rendering of wastewater disposal service to customers and users of the district within its service area, as such district regulations for use and industrial pretreatment program may be amended from time to time.

District system or district's system means the interceptor, trunk and connecting sewers including manholes, access, junctions, metering, sampling and related structures; pump stations, treatment plants and support facilities; land, easements, and rights-of-way; all as may be acquired from others, whether interim or permanent facilities and whether acquired or constructed as initially planned facilities or extensions thereof.

EPA means the Environmental Protection Agency.

Garbage means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial user means an industrial manufacturing process, trade, business or governmental entity, including agencies of the United States Government and their agents, which generates wastes and is a source for the introduction of nondomestic pollutants into the sewerage system.

Industrial wastes means the liquid wastes from industrial processes as distinct from sanitary sewage.

Interference means:

(1)

A discharge which alone or in conjunction with a discharge or discharges from other sources causes the inhibition of treatment processes or other disruption of the sewerage system including prevention of wastewater sludge use or disposal in accordance with applicable state and federal criteria.

(2)

The discharge of pollutants which adversely affect the waters of the state or causes a violation of any requirements of the sewage treatment plant's NPDES permit (including an increase in the magnitude or duration of a violation).

Local limits means the numerical discharge limitations, determined through analytical techniques placed on pollutants by the controlling authority.

National categorical pretreatment standards or categorical standards means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act or found 40 CFR subchapter N, parts 401—471 which applies to a specific category of industrial users.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

Natural watercourse means a channel or location in which a flow of water occurs, either continuously or intermittently.

Normal sewage means sewage which contains not over 350 parts per million of suspended solids and not over 300 parts per million of B.O.D. by weight, and which does not contain any of the materials or substances listed in section 42-259.

Parts per million means a weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

Pass through means a discharge of pollutants as defined in 40 CFR 403.5(a) which exits the sewerage system into waters of the state or of the United States in quantities which may serve to cause a violation of the sewage treatment plant's NPDES permit.

Person means any individual, partnership, firm, company, corporation, association, governmental entity or any other generally recognized entity.

pH means the logarithm to the base 10 of the reciprocal of the number of gram ionic hydrogen equivalents per liter of solution.

Plant upset means a temporary reduction in performance of a sewage treatment plant which may have been caused by wastewater discharged by industrial users.

Pollutant means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, cheat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharge of such pollutants into the sewerage system.

Pretreatment requirement means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

Pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA, state, district or city which applies to industrial users.

Prohibited discharge standard means any pretreatment standard developed pursuant to 40 CFR 403.5 and as specified in the city's or district's regulations for use and pretreatment rules.

Properly ground garbage means garbage that has been ground to such degree that all particles will be carried freely under the flow conditions normally prevailing in the city sewers, with no particle greater than one-half inch in any dimension.

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

Public sewer means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

Receiving stream means any natural watercourse into which sewage is discharged.

Sanitary sewer means a sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

Sanitary sewage means those wastes which are comparable to wastes which originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing, and other household facilities.

Sewage means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present.

Sewage treatment plant means any arrangement of devices and structures used for treating sewage.

Sewer means a pipe or conduit for carrying sewage.

Sewerage/sewage works/sewage system means all facilities for collecting, transporting, pumping, treating, and disposing of sewage.

Shall is mandatory; "may" is permissive, subject to approval by the city.

Significant industrial user means industrial user who:

(1)

Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; or is a standard industrial classifications industry; or

(2)

Has a process discharge flow of 25,000 gallons or more per average work day, or 5 percent or more of the process waste stream of the average dry weather hydraulic or organic capacity of sewerage system; or

(3)

Is designated by the controlling authority, MDNR or the EPA on the basis that the industrial user, either singly or in combination with other contributing industries, has a reasonable potential for adversely affecting the sewerage system's operation or for violating any pretreatment standard or requirement; or

(4)

Upon finding that an industrial user meets any part of the criteria above but has no reasonable potential for adversely affecting the sewerage system's operation or for violating any pretreatment standard or requirement, the controlling authority may in accordance with 40 CFR 403.8(P)(6) determine that such industrial user is not a significant industrial user.

State means the State of Missouri.

Storm sewer or storm drain means a sewer which carries stormwaters and surface waters and drainage, but excludes sewage and polluted industrial wastes.

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

User means any person discharging sewage to the sewage works.

Wastewater means the liquid and water-carried domestic or nondomestic wastes from residences, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

(Ord. No. 2016-4222, § 2, 5-24-2016)

Editor's note— Ord. No. 2016-4222, § 2, adopted May 24, 2016, deleted § 42-230, which pertained to definitions and derived from UDC 2010, § 8.83 and Ord. No. 67-298, § 1-19, adopted Aug. 1, 1967. See § 42-205 for similar provisions.

It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste.

(UDC 2010, § 8.84; Ord. No. 67-298, § 26, 8-1-1967)

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this division.

(UDC 2010, § 8.85; Ord. No. 67-298, § 27, 8-1-1967)

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

(UDC 2010, § 8.86; Ord. No. 67-298, § 28, 8-1-1967)

(a)

Present sewers. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer of the city, are hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this division, within 30 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

(b)

Future sewers. 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 hereafter located a public sanitary sewer of the city, are hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this division, within 12 months after the date of official acceptance of said public sewer by the city, provided that the public sewer is within 100 feet of the property line.

(c)

Nuisance private disposal system. If upon complaint or otherwise it is found that any private sewage disposal facility has become a nuisance or a hazard, the owner(s) at their expense shall connect directly with the proper public sewer in accordance with the provisions of this division, within 30 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

(d)

Noncompliance; service charge. If the owners of such houses, buildings, or properties do not connect to the sewer in accordance with the provisions as outlined in subsections (a) through (c) of this section, the sewer service charge shall be applied to the water bill of the user or inhabitant of the property in the same manner and at the same rate as though such property were connected to the public sewer system. In the event the property is not serviced by water provided by the city, then the sewer service charge shall be billed in the same manner and at the same rate as if that property had used 5,000 gallons of water.

(e)

Penalty for violating section. Any person who does not abide by the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding 90 days or be punished by such fine and imprisonment. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.

(UDC 2010, § 8.87; Ord. No. 67-298, § 29, 8-1-1967; Ord. No. 72-602, § 1, 7-11-1972; Ord. No. 78-916, § 1, 1-24-1978; Ord. No. 85-1556, §§ 1—4, 6-25-1985)

Where a public sanitary sewer is not available under the provisions of section 42-234(a), (b), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.

(UDC 2010, § 8.88; Ord. No. 67-298, § 30, 8-1-1967; Ord. No. 72-602, § 1, 7-11-1972)

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the building inspector. The application for such permit shall be made on a form furnished by the city, which the applicant shall submit to the city council or its duly authorized representative. The applicant shall supplement said application by any plans, specifications or other information as are deemed necessary by the city council or its duly authorized representative. A permit and inspection fee as required by ordinances of the city or as set by resolution of the city council shall be paid to the city collector at the time the application is filed.

(UDC 2010, § 8.89; Ord. No. 67-298, § 31, 8-1-1967)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the building inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the building inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the building inspector. If for any reason more than one inspection is necessary, the owner or contractor shall pay a fee as required by ordinances of the city or as set by resolution of the city council.

(UDC 2010, § 8.90; Ord. No. 67-298, § 32, 8-1-1967)

The type, capacities, location and layout of a private sewage disposal system shall, except as otherwise provided herein, comply with all recommendations, rules and regulations of the state department of public health or other appropriate agencies. No permit shall be issued for any private sewage facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet.

(UDC 2010, § 8.91; Ord. No. 67-298, § 33, 8-1-1967; Ord. No. 84-1435, § 1, 3-27-1984)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 42-234, a direct connection shall be made to the public sewer in compliance with this division. If, upon complaint or otherwise, it be found that any of the septic tanks, cesspools, privies, privy vaults, lagoons, oxidation basins, sand filters and similar abandoned private sewage disposal facilities has become a nuisance or a hazard, the owner may be required to empty the liquids therefrom and fill said facility with suitable material at his or her expense.

(UDC 2010, § 8.92; Ord. No. 67-298, § 34, 8-1-1967)

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(UDC 2010, § 8.93; Ord. No. 67-298, § 35, 8-1-1967)

No statement contained in this division relating to private disposal facilities shall be construed to interfere with any additional requirements that may be imposed by the health officer of the state, county, or city.

(UDC 2010, § 8.94; Ord. No. 67-298, § 36, 8-1-1967)

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city council or its duly authorized representative.

(UDC 2010, § 8.95; Ord. No. 67-298, § 37, 8-1-1967)

There shall be two classes of building sewer permits:

(1)

For residential and commercial service, and

(2)

For service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city council or its duly authorized representative. A permit and inspection fee as required by ordinances of the city or as set by regulation of the city council for a residential or commercial building sewer permit and a fee as required by ordinances of the city or as set by regulation of the city council for an industrial building sewer permit shall be paid to the city collector at the time the application is filed.

(UDC 2010, § 8.96; Ord. No. 67-298, § 38, 8-1-1967)

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(UDC 2010, § 8.97; Ord. No. 67-298, § 39, 8-1-1967)

A separate and independent building sewer shall be provided for every commercial and industrial building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. In single-family, duplex, triplex and four-plex living units, each living unit shall have an independent sewer connection to the city sanitary sewer system. The type of material and connection shall comply with the adopted residential or plumbing codes.

(UDC 2010, § 8.98; Ord. No. 67-298, § 40, 8-1-1967; Ord. No. 2007-3358, § 1, 6-12-2007)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the building inspector, to meet all requirements of this division.

(UDC 2010, § 8.99; Ord. No. 67-298, § 41, 8-1-1967)

The building sewer shall be cast-iron soil pipe, ASTM specification A74-42 or equal; vitrified clay sewer pipe, ASTM specification C13-44T or equal; or other suitable material approved by the superintendent. Provided that type ABS plastic sewer pipe, of only wall thickness, Schedule 40 pipe, with a minimum size of four inches may be used for under-slab or home-to-main sewer service lines. Joints shall be tight and waterproof. Any part of the building sewer that is located within five feet of a water service pipe shall be constructed of cast-iron soil pipe with leaded joints. Cast-iron pipe with leaded joints may be required by the building inspector where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the building inspector.

(UDC 2010, § 8.100; Ord. No. 67-298, § 42, 8-1-1967; Ord. No. 73-671, § 1, 5-22-1973)

The size and slope of the building sewer shall be subject to the approval of the city council or its duly authorized representative, but in no event shall the diameter be less than four inches, and the city council or its duly authorized representative may require the diameter to be six inches or more. The slope of such four-inch pipe shall be not less than one-fourth inch per foot, and the slope of such six-inch pipe shall be not less than one-eighth inch per foot.

(UDC 2010, § 8.101; Ord. No. 67-298, § 43, 8-1-1967)

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings.

(UDC 2010, § 8.102; Ord. No. 67-298, § 44, 8-1-1967)

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

(UDC 2010, § 8.103; Ord. No. 67-298, § 45, 8-1-1967)

All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the building inspector. Pipe laying and backfill shall be performed in accordance with ASTM specification C12-19 except that no backfill shall be placed until the work has been inspected; provided, there shall be 95 percent compaction of backfill, either by tamping or by jetting.

(UDC 2010, § 8.104; Ord. No. 67-298, § 46, 8-1-1967)

(a)

All joints and connections in building sewers shall be made gastight and watertight.

(b)

Cast-iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification QQ-L-156, not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.

(c)

All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hot-poured jointing material, of vinyl polychloride (VPC) or sewer tite.

(d)

Material for hot-poured joints shall not soften to such an extent as to destroy the effectiveness of the joint when subjected to a temperature of 160 degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar approved material.

(e)

Other jointing materials and methods may be used only by approval of the city council or its duly authorized representative.

(UDC 2010, § 8.105; Ord. No. 67-298, § 47, 8-1-1967)

(a)

The owner or contractor shall be responsible for the following acts:

(1)

No connection shall be made to any sewer or portion of the sewerage system until a written permit has been obtained from the city and a sewer connection fee paid pursuant to section 42-273.

(2)

A manhole shall be installed by the applicant when sewer taps of eight inches or larger are made and the applicant, contractor or owner shall furnish and install a manhole of approved construction.

(3)

When four-inch and six-inch sewer taps are required by the city, the applicant, contractor or owner shall furnish and be responsible for:

a.

Exercising caution in all work around the city main. The applicant, contractor or owner shall be responsible for any damages to the main or other city facilities.

b.

Furnishing and installing a service connection as required by the public works department and as approved by the building inspector.

c.

Closing of the excavation and back filling the street or roadway in accordance with the public works department's standard construction specifications.

d.

Installation of sewer lateral will conform to the most current International Plumbing Code as approved by the building inspection department.

(b)

The city shall be responsible for the following:

(1)

Administering and reviewing all documentation in the permitting process.

(2)

Furnishing the applicant, contractor or owner the location of the sewer main to which the lateral is to be connected based on the best information available to the city. The public works department does not guarantee the number, type, size or location of sewer mains.

(3)

Inspecting the excavation and the lateral prior to backfilling by the applicant, contractor or owner.

(UDC 2010, § 8.106; Ord. No. 67-298, § 48, 8-1-1967; Ord. No. 81-1123, § 7, 1-27-1981; Ord. No. 85-1557, § 1, 6-25-1985; Ord. No. 02-2880, § 6, 3-26-2002; Ord. No. 2005-3133, § 1, 3-8-2005; Ord. No. 2008-3472, § 3, 7-22-2008)

The applicant for the building sewer permit shall notify the building inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the building inspector or his or her representative.

(UDC 2010, § 8.107; Ord. No. 67-298, § 49, 8-1-1967)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city council or its duly authorized representative.

(UDC 2010, § 8.108; Ord. No. 67-298, § 50, 8-1-1967)

Before installing a building sewer or any part thereof in any manner other than in an open trench, the owner shall make application for a special permit, on a special form furnished by the city. The special permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city council or its duly authorized representative. A special permit and inspection fee as required by ordinances of the city or as set by resolution of the city council for a residential or commercial building special permit and a fee as required by ordinances of the city or as set by resolution of the city council for an industrial building special permit shall be paid to the finance department at the time the application is filed. If the installation of a building sewer entails excavation in, through or under a street or sidewalk, the applicant for the permit must deposit a fee as required by ordinances of the city or as set by resolution of the city council in cash with finance department at the time the application for permit is filed to guarantee the replacing of said street or sidewalk in proper condition, and if said street or sidewalk is not completed properly, the city council or its duly authorized representative may cause it to be completed and the cost thereof deducted from said fee as required by ordinance of the city or as set by resolution by the city council. Upon final approval of said installation by the building inspector, the deposit as set by ordinances of the city or as set by resolution of the city council or balance thereof shall be returned to the owner. If for any reason more than one inspection of said installation is necessary, the owner shall pay a fee as required by ordinances of the city or as set by resolution of the city council for each such additional inspection. The fees mentioned in this section shall be in addition to any fees mentioned in any other section of this division. Provided, however, that if the permit is issued to a licensed plumber duly licensed and bonded by the city, no more than one such fee is required by ordinances of the city as set by resolution by the city council shall be required to be deposited with the finance department at any one time. If the balance credited to such licensed plumber remains below the fee as required by ordinances of the city or as set by resolution of the city council for more than five days after notification by the city council or its duly authorized representative, the license of such plumber shall be automatically suspended, and remain suspended until he brings said balance to the fee as required by the ordinances of the city or as set by resolution of the city council mentioned in this section and shall be in addition to any bond required by any other section of this division, or required by any other ordinance of this city. Provided further, that nothing in this section shall be construed as limiting the amount of recovery of the city for any such additional work as aforesaid, to the sum of the fee as required by ordinances of the city or as set by resolution of the city council.

(UDC 2010, § 8.109; Ord. No. 67-298, § 51, 8-1-1967; Ord. No. 85-1544, § 42, 5-29-1985)

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

(UDC 2010, § 8.110; Ord. No. 67-298, § 52, 8-1-1967; Ord. No. 74-715, 2-12-1974)

Refer to chapter 11, article V of the city's Code of Ordinances for details on illicit discharges and the enforcement of the prohibition of illicit discharges.

(UDC 2010, § 8.111; Ord. No. 67-298, § 53, 8-1-1967; Ord. No. 2012-3879, § 3, 12-11-2012)

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(1)

Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

(2)

Any waters or wastes which may contain more than 100 parts per million, by weight, of fat, oil or grease.

(3)

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

(4)

Any garbage that has not been properly shredded.

(5)

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(6)

Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(7)

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.

(8)

Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(9)

Any noxious or malodorous gas or substance capable of creating a public nuisance.

(UDC 2010, § 8.112; Ord. No. 67-298, § 54, 8-1-1967; Ord. No. 2016-4222, § 3, 5-24-2016)

(a)

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

(b)

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

(UDC 2010, § 8.113; Ord. No. 67-298, § 55, 8-1-1967)

When installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.

(UDC 2010, § 8.114; Ord. No. 67-298, § 56, 8-1-1967)

(a)

Applicability.

(1)

The City of Belton includes two sewage treatment districts. The approximate north-eastern half of the city is served by the Little Blue Valley Sewer District (LBVSD), defined in section 42-205 as the district, and the remaining portion of the city is served by the Belton Wastewater Treatment Facility. A map outlining these sewer districts is available through the city and provided in the City of Belton Industrial Pretreatment Manual.

a.

All industrial users and industrial wastes within the LBVSD (the district) and contributing sewage to the district system, per the definitions provided in section 42-205, shall be subjected to the district regulations for use and industrial pretreatment program in addition to section 42-262 of the City of Belton's UDC. For these users, the controlling authority shall be the district. Where these two regulations conflict the most stringent shall apply as determined by the city.

b.

Section 42-262 shall apply to all industrial users and industrial wastes that are not within the district, per the definitions provided in section 42-205. For these users the controlling authority shall be the City of Belton, Missouri.

(b)

Acceptability of wastewater. The following materials, substances, and wastes shall not be discharged into the sewers:

(1)

Pollutants which create a fire or explosion hazard including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) using the test methods specified in 40 CFR 261.21. A lower limit may be prescribed to prevent odor nuisance.

(2)

Wastes having a pH less than 6.0 or greater than 9.0 or otherwise having chemical properties which are hazardous or are capable of causing damage to the sewerage works or personnel.

(3)

Garbage that has not been properly shredded or ground.

(4)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Insoluble oils, fats, greases. So called soluble oils may be admitted to the extent of 100 mg/l.

(5)

Any solid or viscous material which could cause an obstruction to flow in the sewers or in any way interfere with the treatment process. Examples of such materials include, but are not limited to, ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust, paunch manure, hair and fleshings, entrails, lime slurries, beer and distillery slops, grain processing wastes, grinding compounds, acetylene generation sludge, chemical residues, acid residues, and food processing bulk solids.

(6)

Wastes containing phenolic compounds over ten parts per million expressed as phenol.

(7)

Wastes containing cyanides or compounds capable of liberating hydrocyanic acid gas over one part per million expressed as hydrogen cyanide.

(8)

Wastes containing sulfides over ten parts per million expressed as hydrogen sulfide.

(9)

Chlorinated solvents.

(10)

Septic tank sludge, except that pre-approved by the controlling authority.

(11)

Any corrosive, noxious or malodorous material or substance which, either singly or by reaction with other wastes, is capable of causing damage to the sewerage works or creating a public nuisance or hazard, or prevent entry into the sewers for maintenance and repair.

(12)

Concentrated dye wastes or other wastes which are either highly colored or could become colored by reacting with other wastes.

(13)

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

(14)

Any trucked or hauled pollutants, except at discharge points designated by the controlling authority.

(15)

Any material or substance not specifically mentioned in this section which is in itself corrosive, irritating to human beings and animals, toxic or noxious, or which by interaction with other wastes could produce undesirable effects, including deleterious action on the sewerage works, adversely affect any treatment process, constitute a hazard to humans or animals or have an adverse effect upon the receiving stream.

(16)

Any discharge by an industrial user which causes pass through or interference, or causes an NPDES permit violation is prohibited.

(17)

Additionally, any discharge which violates the general and specific prohibited discharge standards set forth in 40 CFR 403.5(a) and (b) hereby incorporated, pretreatment standards, is prohibited. Compliance with all general and specific prohibitions shall be mandatory and shall not be waived.

(c)

Unusual wastes.

(1)

The introduction of radioactive wastes into the city system shall be permitted only if a special permit is obtained prior to introducing such wastes. While each case will be decided on its own merits, in general, decisions will be in accordance with the principles laid down in the Atomic Energy Act of 1954 (68 Stat. 919), part 20, sub-part D-waste disposal, section 20.303, or successor principles as established by the atomic energy commission.

(2)

Wastes which are unusual in composition, i.e., contain an extremely large amount of suspended solids or B.O.D., are high in dissolved solids such as sodium chloride, calcium chloride, or sodium sulfate, contain substances conducive to creating tastes or odors in drinking water supplies or otherwise making such waters unpalatable even after conventional water purification treatment, or are in any other way unusual, shall be reviewed by the controlling authority, which will determine whether such wastes shall be prohibited from or may be admitted to the city system or shall be modified or treated before being admitted.

(3)

Wastes, which in the judgment of the controlling authority, are unusual or highly variable in volume, shall be subject to flow equalization or other forms of regulation as deemed necessary by the controlling authority.

(4)

No industrial user whose discharged sewage is treated by the district shall discharge sewage containing any pollutant in excess of the local limits of the Little Blue Valley Sewer District unless approved by the city.

a.

The city may apply these or other limits to sewage treated by sewage treatment plants other than those of Little Blue Valley Sewer District as the city determines to be necessary, applying generally accepted standards in making such determination.

b.

In the event of conflict between local, state, or federal regulations, the most stringent regulation shall apply as determined by the city.

(5)

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 the limitations contained in any pretreatment standard.

(d)

Permitting provisions.

(1)

Permits for discharges to the Little Blue Valley Sewer District shall be processed and issued by the district. Permits for discharges to a sewage treatment plant other than the Little Blue Valley Sewer District shall be processed and issued by the city. The city shall submit to the district names and addresses of new or changed industrial users within the district. All new industrial users planning to discharge to the sewage system shall return a completed industrial user (IU) survey questionnaire to the appropriate agency before discharging to the system. The controlling authority may require any industrial user, whether or not classified as significant, to obtain an industrial user discharge permit. The city shall be responsible for directing industrial users to the appropriate agency.

(2)

All new industrial users classified as significant shall obtain an industrial user discharge permit before discharging to the sewage works. The permits of all existing industrial users shall be subject to review by the controlling authority and imposition of regulations consistent with this division within 180 days after adoption of this division.

(3)

Information and data on a user obtained from reports, questionnaires, applications, permits, monitoring programs and inspections shall be available to the public or any government agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the controlling authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets. When requested by the person furnishing a report, and until such time as the information is determined not to be 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 be made available upon written requests from governmental agencies for purposes related to this division and/or pretreatment programs; provided that, such portions of a report shall be available for use by the controlling authority or any governmental agency in judicial review or enforcement proceedings involving the user furnishing the report. Sewage constituents and characteristics shall not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or any person seeking such information by means of judicial process until and unless a ten-day notification or such lesser time as may be ordered by any court having jurisdiction, is given to the user furnishing the information for the purpose of giving such person the opportunity to contest said transmittal.

(4)

Industrial user discharge permits application. Industrial users required to obtain an industrial user discharge permit shall complete and file with the controlling authority an application in the form prescribed by the controlling authority. The controlling authority will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the controlling authority may issue an industrial user discharge permit. Industrial users required to obtain an industrial user discharge permit shall be required to obtain an industrial user discharge permit prior to or concurrently with obtaining a building permit.

(5)

General.

a.

In addition to the provisions otherwise contained in this division, all industrial users discharging directly or indirectly into the city system are subject to and shall comply with all applicable provisions and requirements set forth in the Act, national categorical pretreatment standards, pretreatment requirements, prohibited discharge standards, and city regulations for use and industrial pretreatment program. Industrial users shall also comply with any specific local limits developed and implemented by the controlling authority.

b.

The controlling authority shall deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the controlling authority's system by industrial users where such contributions do not meet applicable pretreatment standards or requirements or where such contributions would cause the controlling authority to violate its NPDES permit.

c.

In addition to permitting requirements otherwise contained in this division, the controlling authority may issue industrial user discharge permits in accordance with its regulations for use and industrial pretreatment program.

(e)

Regulatory control; condition, modification and transferring of permit.

(1)

All industrial users discharging sewage within the City of Belton, Missouri shall be subject to regulatory control of the controlling authority. See subsection 42-262(a). Authority for an explanation of the controlling authority as it pertains to a specific development, depending on sewershed.

(2)

Industrial user discharge permits for discharges to the controlling authority shall be expressly subject to all provisions of this division and other conditions as deemed appropriate by the controlling authority using generally accepted standards to ensure compliance herewith. In addition to any user discharge quality criteria otherwise contained in this division, industrial users shall comply with and be subject to the wastewater quality criteria and standards set forth in the controlling authority's regulations for use and industrial pretreatment program, or any permit issued which causes pass-through or interference. Industrial users shall also comply with specific discharge prohibitions contained or incorporated by reference therein. Notwithstanding any provision of this division, compliance with all general and specific prohibitions shall be mandatory and shall not be waived.

(3)

Permits may contain the following:

a.

The average and maximum sewage constituents and characteristics;

b.

Limits on rate and time of discharge or requirements for flow regulations and equalization;

c.

Requirements for installation of inspection and sampling facilities;

d.

Pretreatment requirements;

e.

Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number and types of tests, and reporting schedules;

f.

Requirements for submission of technical reports or discharge reports;

g.

Requirements for maintaining plant records relating to sewage discharge as specified under this section, and affording the controlling authority access thereto;

h.

Mean and maximum mass discharge rates, or other appropriate limits when incompatible pollutants are proposed or present in the user's sewage discharge;

i.

Other conditions as deemed appropriate by the controlling authority to ensure compliance with this division;

j.

Requirements for amending the permit if discharge is significantly changed.

(4)

The terms and conditions of the permit may be subject to modifications by the controlling authority during the term of the permit as limitations or requirements as identified in this section are modified or other potentially dangerous conditions exist. The user shall be informed of any proposed changes in a permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(5)

Industrial user discharge permits are issued to a specified industrial user for a specific operation. Industrial user discharge permits shall not be reassigned or transferred to a different person, new industrial user, different premises, or a new or changed operation without the approval of the controlling authority. Any succeeding person or industrial user shall be required to apply for a new permit.

(6)

Industrial user discharge permits issued by the controlling authority shall be expressly subject to all provisions of the controlling authority's regulations for use and industrial pretreatment program and other conditions as deemed appropriate by the controlling authority to ensure compliance with said regulations. The controlling authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards, or in other cases where the imposition of mass limitations are appropriate. Permits shall be issued for three years.

(f)

Inspection and sampling.

(1)

Any duly authorized representative of the controlling authority possessing proper credentials and identification shall be permitted to enter all properties at reasonable times for the purpose of inspection, observation, measurement, sampling and testing, and may make photocopies of such records during the inspection, in accordance with the provisions of this division.

(2)

The controlling authority may randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify independent of information supplied by industrial users, occasional and continuous noncompliance with pretreatment standards.

(3)

Monitoring facilities and activities.

a.

Significant industrial users shall provide and maintain at their own expense monitoring facilities to allow inspection, sampling and flow measurement and self-monitoring as required by the controlling authority's regulations for use and industrial pretreatment program or any permit issued thereunder. The frequency of controlling authority monitoring of industrial users will be determined by the controlling authority.

b.

The monitoring facility shall normally be situated on the user's premises and not be obstructed by landscaping or parked vehicles, but the controlling authority may, when such location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(g)

Reports, tests of commercial and industrial wastes.

(1)

Any person discharging commercial and industrial wastes to the city sewers shall submit to the controlling authority at such intervals as it may prescribe a report accurately describing the character and quantity of all such wastes other than sanitary sewage discharge to the city sewers during the period covered by such report. In order to ensure compliance with this division, the controlling authority may at any time take such measurements, collect such samples, and run such laboratory analyses on representative samples of any wastes as may be deemed necessary. Cost of such analyses shall be assessed against the discharging person.

(2)

All measurements, tests, and analyses performed by such person or by the controlling authority shall be in accordance with techniques prescribed in the latest revision of title 40, Code of Federal Regulations, part 136, or successor documents as designated by the controlling authority.

(3)

All users subject to this division shall retain and preserve for not less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries, thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities brought by the controlling authority shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(h)

Reporting requirements for permittee.

(1)

Ninety days following the date for final compliance with applicable pretreatment standards, the permittee may be required to submit a report indicating average and maximum daily flows and concentrations or mass of all pollutants from the regulated processes. The report shall also set forth whether or not the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards or requirements. Such report shall be signed by an authorized representative of the industrial user, and certified by a registered engineer or other appropriate qualified professional.

(2)

Any industrial user holding an industrial user discharge permit requiring a compliance schedule, after the compliance date specified in such permit, shall submit semiannually to the controlling authority, unless required more frequently in the permit, a report indicating the concentrations or mass of pollutants in the effluent which are limited by such permit. In addition, the report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported on the permit application.

(3)

The reports required by subsection (b) of this section shall contain the results of sampling, chain of custody and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the controlling authority, of pollutants contained therein which are specified by the industrial user discharge permit. Upon consent of the controlling authority, flows may be estimated on the basis of water consumption. The frequency of monitoring shall be prescribed in the permit.

(4)

In addition to the reporting requirements otherwise contained in this division, all industrial users shall submit to the controlling authority any and all information and reports required by the controlling authority, its regulations for use and industrial pretreatment program, or by the Act or by 40 CFR 403.12, including without limitation all applicable required: Baseline monitoring reports, compliance schedule progress reports, sampling analysis reports, periodic progress reports, notice of potential problem reports, notice of changed discharge, and non-categorical industrial user reports.

(5)

Substantial change in discharge. All industrial users shall notify the controlling authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents prior to the introduction of such constituents into the city's system.

(6)

Hazardous waste. Industrial users shall immediately notify the city, district administrator, and the EPA Regional Waste Management Division Director of the Missouri Waste Program in writing of any discharge into the controlling authority's system of a substance, which, if otherwise disposed of, would be a hazardous waste under, 40 CFR part 261. Such notification shall be given in the manner and include the items set forth in 40 CFR 403.12.

(7)

Accidental discharge. Industrial users shall immediately report to the controlling authority any accidental discharge as required by the controlling authority's regulations for use and pretreatment rules.

(8)

Signatory and certification requirement. Any industrial user report submitted pursuant to 40 CFR 403.12(b), (d) or (e) shall be signed and certified by an authorized representative of industrial user.

(i)

Grease, oil and grit interceptors. Refer to sections 42-260 and 42-261 for requirements pertaining to grease, oil and sand interceptors.

(j)

Pretreatment facility. Any facilities required to pretreat sewage to a level acceptable to the controlling authority shall be provided and maintained at the user's expense. Plans, compliance schedules, and operating procedures shall be submitted to the controlling authority for review, and shall be acceptable to the controlling authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the controlling authority under the provisions of this division.

(k)

Accidental discharge.

(1)

Each industrial user shall provide protection from accidental discharge of substances regulated by this division or other toxic pollutants. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. The controlling authority may require that detailed plans showing facilities and operating procedures to provide this protection be submitted to the controlling authority for review, and be approved by the controlling authority before construction of the facility. Review and approval of such plans shall not relieve the industrial user from the responsibility to modify the facility as necessary to meet the requirements of these rules.

(2)

In the case of the accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the controlling authority of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrosive actions. For those users contributing sewage to the district, the city shall notify the district of potentially dangerous spills within the city's sewage system discharging to the district.

(3)

Within five days following an accidental discharge, the industrial user shall submit to the controlling authority a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the user of any liability which may be imposed by this rule or other applicable law resulting from such discharge.

(4)

In the event of a plant upset at the district's facility the city shall assist in any investigation into the cause.

(5)

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of the emergency notification numbers to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause, suffer or become aware of such an accidental discharge are advised of the emergency notification procedure.

(l)

Enforcement.

(1)

For those industrial users contributing sewage to the city system, this section shall regulate enforcement. For those industrial users contributing sewage to the district system, those users shall be subjected to LBVSD regulations, including enforcement procedures, and in addition to enforcement procedures provided in this section.

(2)

Controlling authority notification of violation. Whenever the controlling authority finds that any industrial user has violated or is violating the city or district's regulations for use and industrial pretreatment program, or a permit or order issued thereunder, the controlling authority or its agent may serve upon said user written notice of the violation. Within ten days of the receipt date 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 to the controlling authority. 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. Said person shall permanently cease all violations within the period of time stated in the notice and shall certify to the controlling authority that the correction has been accomplished.

(3)

Either as an alternative to any procedure established in this division or as an enforcement action thereunder, the controlling authority may seek injunctive relief for noncompliance with any provision of this division. In those areas discharging to the district, injunctive relief may be sought directly by the district as well as by the city.

(4)

Industrial users discharging to the city or district systems shall be subjected to the following:

a.

Notification of violation. Whenever the controlling authority finds that any industrial user discharging to the controlling authority's systems has violated or is violating any provisions of this division, the controlling authority or its agent may serve upon said user written notice of the violation. Within ten days of the receipt date 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 to the controlling authority. 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. Said person shall permanently cease all violations within the period of time stated in the notice and shall certify to the controlling authority that the correction has been accomplished.

b.

If the violation is not corrected by timely compliance, or if a satisfactory correction plan is not submitted within said ten-day period, the city may order any user to show cause before the city why enforcement action should not be taken. Not less than ten-days' written notice shall be served on the person violating these provisions specifying the time and place of a hearing before a city representative, the reason the action is to be taken, and the proposed enforcement action. The city may propose any enforcement action reasonably necessary to abate the violation, including discontinuation of sewage service. Based upon the evidence presented at the hearing, the city shall determine the appropriate enforcement action which should be taken, if any. This determination may be appealed by filing a written petition with the mayor within 10 days of the city's ruling. The mayor shall fix a reasonable time for hearing the appeal before the Council of the City of Belton and shall give not less than ten-days' written notice to the user involved stating the time and place of the hearing. The council shall promptly render a decision on the appeal and notify the user of its decision.

c.

With respect to any person found to be violating any provisions of this division who shall continue such violation beyond the time limit provided in subsection(a) of this section or after a final decision on the action to be taken pursuant to subsection(b) of this section, the city may refer the matter to the city attorney or prosecutor for action, and upon conviction of said person shall be subject to punishment in accordance with the City of Belton, Missouri Code of Ordinances. Each day in which such violation shall continue shall be deemed a separate offense.

d.

Notwithstanding the procedures established in this division, in the event of an actual or threatened discharge to the sewage works which, in the judgment of the controlling authority, presents or may present an imminent and substantial danger to life, safety or sewerage system operation or integrity, the controlling authority may temporarily terminate such service as is necessary to avoid or abate such condition. Service shall be restored as soon as the emergency situation has been corrected. The controlling authority's decision to terminate service may be appealed by written petition to the mayor pursuant to the provisions for hearing set forth in subsection(l)(4)b. of this section. However, appeal of the decision shall not stay termination of the service.

e.

In cases of repeated violations, the controlling authority may revoke the permit for the discharge of wastes into the sewage works, and discontinue water or sewage service, or both following written notice to the permittee of not less than ten days providing an opportunity for said permittee to address a written petition to the mayor requesting a hearing before the council with respect to said revocation. The hearing shall be set within a reasonable time after receipt of the hearing request from the permittee. Following the hearing, the council shall promptly announce its decision and provide a copy to the permittee.

(5)

Industrial users discharging to the city system shall be subject to the controlling authority's rules and regulations and industrial pretreatment program and shall be subject to enforcement measures by the controlling authority as authorized by state law, including but not limited to the following:

a.

Consent orders. The controlling authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders.

b.

Show cause hearing. The controlling authority may order any industrial user which causes or contributes to violation of the controlling authority's regulations for use and industrial pretreatment program or industrial user discharge permit order issued thereunder, to 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 and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer of the user. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.

c.

Compliance order. When the controlling authority finds that an industrial user has violated or continues to violate the controlling authority's regulations for use and industrial pretreatment program or a permit or order issued thereunder, the controlling authority may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.

d.

Cease and desist orders. When the controlling authority finds that an industrial user has violated or continues to violate the controlling authority's regulations for use and industrial pretreatment program or any permit or order issued thereunder, the controlling authority may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

1.

Comply forthwith;

2.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

e.

Administrative fines. Any user who is found to have violated any provision of the controlling authority's regulations for use and industrial pretreatment program, or permits and orders issued thereunder, shall be fined in an amount not to exceed $1,000.00 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the controlling authority shall have such other collection remedies as it has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the controlling authority to reconsider the fine within ten days of being notified of the fine. Where the controlling authority believes a request has merit, it shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.

f.

Recovery of costs to investigate and remediate. The city reserves and protects its right to recover, from an industrial user found in violation of any provision of this chapter, any and all fines, fees, and costs to investigate and remediate impacts due to a violation.

g.

Emergency suspensions.

1.

The controlling authority may suspend the wastewater treatment service and/or the industrial user discharge permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the controlling authority's system, or the environment.

2.

Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of the user's failure to immediately comply voluntarily with the suspension order, the controlling authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the controlling authority's system, its receiving stream, or endangerment to any individuals. The controlling authority shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in subsection(l)(5)h. herein below, are initiated against the user.

3.

An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any further occurrence to the controlling authority prior to the date of the hearing described in subsection(l)(5)b., hereinabove.

h.

Termination of permit. Any user who violates the following conditions of the controlling authority's regulations for use and industrial pretreatment program or an industrial user discharge permit or order, or any applicable state or federal law, is subject to permit termination:

1.

Violation of permit conditions;

2.

Failure to accurately report the wastewater constituents and characteristics of its discharge;

3.

Failure to report significant changes in operations or wastewater constituents and characteristics;

4.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;

5.

Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under subsection b. why the proposed action should not be taken.

i.

Judicial remedies. If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of the controlling authority's regulations for use and industrial pretreatment program or any order or permit issued thereunder, the controlling authority, through counsel, may commence an action for appropriate legal and/or equitable relief in the Circuit Court for Jackson and/or Cass County.

j.

Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of the controlling authority's regulations for use and industrial pretreatment program or permit or order issued thereunder, the controlling authority, through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The controlling authority shall have such remedies to collect these fees as it has to collect other sewer service charges.

k.

Civil penalties.

1.

Any industrial user who has violated or continues to violate the controlling authority's regulations for use and industrial pretreatment program or any order or permit issued thereunder, shall be liable to the controlling authority for a civil penalty of not more than $1,000.00, plus actual damages incurred by the controlling authority per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the controlling authority may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

2.

The controlling authority shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.

l.

Criminal prosecution.

1.

Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to the controlling authority's regulations for use and industrial pretreatment program, or industrial user discharge permit, or renders inaccurate any monitoring device or method required under the controlling authority's regulations for use and pretreatment rules shall, upon conviction, be punished by a fine of not more than $1,000.00 per violation per day or imprisonment for not more than one year or both.

2.

In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000.00 per violation per day or imprisonment for not more than three years or both.

3.

Such enforcement measurements shall be undertaken by the city in a manner authorized by state law and in the instances and following procedures set forth in the controlling authority's regulations for use and industrial pretreatment program developed in accordance with 40 CFR 403.8(f)(5), which shall contain detailed procedures indicating how the city will investigate and respond to instances of industrial user noncompliance.

(UDC 2010, § 8.115; Ord. No. 67-298, § 57, 8-1-1967; Ord. No. 2016-4222, § 4, 5-24-2016)

Editor's note— Ord. No. 2016-4222, § 5, adopted May, 24, 2016, deleted § 42-263, which pertained to the maintenance of pretreatment facilities and derived from UDC 2010, § 8.116 and Ord. No. 67-298, § 58, adopted Aug. 1, 1967.

When required by the building inspector, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city council or its duly authorized representative. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.

(UDC 2010, § 8.117; Ord. No. 67-298, § 59, 8-1-1967)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in sections 42-259 and 42-262 shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole provided for in section 42-264, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

(UDC 2010, § 8.118; Ord. No. 67-298, § 60, 8-1-1967)

No statement contained in this division shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern.

(UDC 2010, § 8.119; Ord. No. 67-298, § 61, 8-1-1967)

(a)

No statement contained in this division shall be construed as preventing any special agreement or arrangement between the city and any subdivider, developer, owner, industrial concern or other person relating to the use of city's sewer system by persons outside the boundaries of the city, whereby sewage may be accepted by the city for treatment under terms and conditions varying from this division.

(b)

Whenever the strict enforcement of this division entails unusual, real and substantial difficulties or hardships, the city council or its duly authorized representative may vary or modify the standards set forth herein in such a way that a user of the city's sewer system or the user or builder of a private sewage disposal system may do so without unjust difficulty and expense, if at the same time the public welfare and interests of the municipality are fully protected and the general intent and spirit of this Code are preserved.

(UDC 2010, § 8.120; Ord. No. 67-298, §§ 62, 63, 8-1-1967; Ord. No. 84-1435, § 2, 3-27-1984)

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.

(UDC 2010, § 8.121; Ord. No. 67-298, § 64, 8-1-1967)

The building inspector and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this division.

(UDC 2010, § 8.122; Ord. No. 67-298, § 65, 8-1-1967)

Any person found to be violating any provision of this division except section 42-268 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 thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(UDC 2010, § 8.123; Ord. No. 67-298, § 66, 8-1-1967)

Any person who shall continue any violation beyond the time limit provided for in section 42-270 shall be guilty of a misdemeanor.

(UDC 2010, § 8.124; Ord. No. 67-298, § 67, 8-1-1967)

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

(UDC 2010, § 8.125; Ord. No. 67-298, § 68, 8-1-1967)

(a)

Applicability.

(1)

Except as provided in subsection (a)(2) of this section, all applicants for a connection to the city's sanitary sewer system on land located within the city boundaries and within one of the four sanitary sewer service areas of the city shall pay the applicable sewer connection fee in the manner set forth in this section.

(2)

This section shall not be applicable to applications for sanitary sewer service connections necessary for:

a.

Alteration or expansion of an existing structure, provided there is no increase in demand for sewer facilities for the structure;

b.

Rebuilding of a damaged or destroyed structure, whether voluntary or involuntary, provided that adequate information has been submitted to show that there is no change in the demand for sewer facilities for the structure; or

c.

A change in use without any increase in the demand for city sanitary sewer facilities for the structure.

(3)

The sewer connection fee due that is to be paid by each new application for sanitary sewer service in an established sanitary sewer service area shall be established by resolution of the city council.

(b)

Imposition of sanitary sewer connection fee.

(1)

No application for a sewer service connection shall be approved, unless the applicant therefor, if so required, has paid the applicable sanitary sewer connection fee imposed by this section. Any application for a sewer connection approved by the city without payment by the applicant and collection by the city of the applicable sewer connection fee as required by this section shall be null and void.

(2)

Sanitary sewer service connections shall otherwise comply with all applicable ordinances of the city.

(3)

Approval of an application for a sanitary sewer service connection shall expire by limitation and become null and void if the connection has not been completed within 90 days of the date of such approval. Upon expiration, the applicant may apply for a refund of the sewer connection fee in accordance with subsection (e)(1) of this section.

(c)

Calculation of the sanitary sewer connection fee.

(1)

The methodology used for the calculation of the sanitary sewer connection fee imposed by this section is based on an equivalent dwelling unit (EDU) approach. An EDU is a measure where one unit is equivalent to the wastewater effluent from one home. Single-family, townhomes, two-family, large-lot single-family and mobile home residences with individual connections equate to one EDU.

(2)

For retail, office (commercial) and industrial users, the city shall calculate the sewer connection fee utilizing the equivalency table provided in the sewer connection fee resolution establishing the connection fees. The table is based upon the size of the water meter to be used in the structure.

(3)

For industrial users, the application for a sewer connection should be supplemented by an engineering analysis, including but not limited to, any plans, specifications or other information to document water usage, beyond domestic uses, for production which will not subsequently be discharged into the sanitary sewer system. The industrial user will not be charged for water usage absorbed into a product and/or used in the manufacturing process but not discharged into the sanitary sewer system.

(4)

To calculate the sewer connection fee, a determination is made of the size of the water meter to be used in the structure; then identify the number of applicable EDUs; and then multiply the EDUs by the applicable fee per EDU.

(5)

School district and tax exempt entity credits. The following categories shall be granted a full credit in the amount of the sanitary sewer connection fee calculated under this section:

a.

School districts. For development of structures for a school district of the state.

b.

Tax exempt entity. For development of structures for a person that is not subject to any federal, state or local taxes, including federal, state and local sales, income, personal property, real property, use, earnings or license taxes. The burden of proof shall be on the person claiming this credit to demonstrate, by clear and convincing evidence, that the development being constructed is exempt from all federal, state and local taxes as described in this subsection.

(d)

Administration and accounting.

(1)

Collection of sanitary sewer connection fee. Sanitary sewer connection fees calculated and imposed pursuant to this section shall collected by the city prior to the approval of any application for service.

(2)

Sanitary sewer connection fee fund and accounts. The director of finance shall establish a separate sanitary sewer connection fee fund with four accounts. Each service area shall have a separate account within the sanitary sewer connection fee fund. Any funds not immediately necessary for expenditure shall be invested in interest-bearing accounts. All interest earned shall be retained in the applicable sanitary sewer service area connection fee account.

(3)

Use of funds collected.

a.

The funds collected by reason of this section shall be used solely for the purpose of acquiring, equipping or making capital improvements to sanitary sewer facilities of each respective sanitary sewer service area, for financing directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the costs of sanitary sewer facility related projects, and for repayment of principle and interest on revenue bonds issued to provide for sanitary sewer system improvements.

b.

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which sanitary sewer connection fees may be expended, the applicable sanitary sewer connection fee funds may be used to pay debt service on such bonds or similar debt instruments.

(e)

Refunds.

(1)

When connection is not made.

a.

Upon petition, and subject to the conditions and limitations set forth in this subsection (e), the city shall refund the sanitary sewer connection fee if the connection is not actually made to the sanitary sewer system within two years from the date of payment of the sanitary sewer connection fee. Any such petition must be filed no later than 30 days from the date that is two years from the date of payment of the sanitary sewer connection fee.

b.

A petition for refund under this subsection (e) must be filed with the director of public works within the time frame set forth in subsection (e)(1) of this section.

c.

The petition, at a minimum, must contain a notarized sworn statement that the petitioner is the applicant who paid the sanitary sewer connection fee that was never connected to the sanitary sewer system, and such other information as may be deemed by the director of public works as necessary in order to make a determination of eligibility for a refund.

d.

Within one month from the date of receipt of a petition for the refund the director of public works shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of this section, a refund shall be issued in the normal course of business for the city's accounts payable department.

e.

Petitioner may appeal the determination of the director of public works regarding a refund as provided in subsection (i) of this section.

(2)

Unexpended fees.

a.

Upon application of the property owner, the city shall refund the portion of any sanitary sewer connection fee that has been on deposit for more than seven years and that remains unexpended under "first in, first out" accounting principles.

b.

The right to a refund shall travel with the land, and may be claimed by the owner of the property at the time the refund is due. The property owner must petition the city for the refund within six months following the seven-year period by filing such petition with the director of public works. The time for filing a refund petition shall run from the date on which the sanitary sewer connection fee was paid. In the event the owner of property at the time a refund is due does not timely petition the city in accordance with this subsection (e) of this section, no refund of any portion of any unexpended sanitary sewer connection fee shall be due to the property owner, or any successor in interest of the property owner.

c.

The petition must contain the following information:

1.

A notarized sworn statement that the petitioner is the current owner of the property; and

2.

A copy of the dated receipt issued for payment of the sewer connection fee.

d.

Sanitary sewer connection fees collected pursuant to this section shall be considered expended if, within seven years from the date of payment, the total expenditures for sanitary sewer related capital improvements projects and payments for repayment of principle and interest of revenues bonds issued for the purpose of extending and operating the city's sanitary sewer system exceeds the total fees collected for such facilities during such period.

e.

Within one month from the date of receipt of a petition for the refund the director of public works shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of this section, a refund shall be issued in the normal course of business for the city's accounts payable department.

f.

Petitioner may appeal the determination of the director of public works regarding a refund as provided in subsection (i) of this section.

(f)

Fee as additional and supplemental requirement. Sanitary sewer connection fees imposed pursuant to this section are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land. A property owner may be required to pay, pursuant to city ordinances, for other public facilities in addition to the fees for public sanitary sewer facilities as specified in this section.

(g)

Administrative regulations and determinations. Administrative regulations or guidelines may be adopted by the city council.

(h)

Annual review.

(1)

Beginning in calendar year 2009 and annually thereafter, the city manager with the assistance of the director of public works shall prepare a report on the subject of sanitary sewer connection fees, which report shall include:

a.

Recommendations on amendments, if appropriate, to this section; and

b.

Proposed changes to the sanitary sewer connection fee calculation methodology.

(2)

The city manager with the assistance of the director of public works, in preparing the annual report, shall obtain and review the following information:

a.

A statement of sanitary sewer connection fees collected and disbursed during the preceding year for sanitary sewer facility projects;

b.

A statement summarizing sanitary sewer facility project expenditures during the preceding year;

c.

A statement summarizing the applications for service approved during the preceding year.

(3)

The annual report shall be presented to the city council at least three months prior to adoption of the city budget.

(4)

Based upon the annual report and other factors the city council deems relevant and appropriate, the city council may amend this section.

(5)

Nothing herein precludes the board or limits its discretion to amend this section at such other times as may be deemed necessary.

(i)

Appeals.

(1)

To the city manager.

a.

The applicant for a sewer service connection may appeal any decision or determination issued pursuant to this section to the city manager.

b.

The burden of proof shall be on the applicant to demonstrate that the amount of the sanitary sewer connection fee was not calculated in accordance with the provisions of this section or the administrative guidelines, if any.

c.

The applicant shall file a notice of appeal with the city clerk within ten days following notice of the applicable sanitary sewer connection fee calculation. The notice of appeal shall specify the grounds for the review. If applicable, the application for development approval with respect to which the appeal is filed may be processed while the appeal is pending, provided that the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the sanitary sewer connection fee due.

d.

Within ten days of the notice of appeal, or by such date as shall be agreed upon in writing between the applicant and city, applicant may submit to the city manager an engineering analysis, including but not limited to, plans, specifications and other information in support of the appeal.

e.

Within 30 days after filing of the notice of appeal, the city manager shall render a final decision in writing to the applicant regarding the calculation of the sanitary sewer connection fee decision.

(2)

To the city council.

a.

An applicant may appeal the final decision of the city manager by filing a notice of appeal with the city clerk within ten days following issuance of the final written decision of the city manager as specified in subsection (i)(1)e of this section. If an applicant fails to appeal the final decision of the city manager within ten days as set forth in this subsection, the calculation of the sanitary sewer connection fee shall be final and no appeal shall be heard.

b.

Within ten days of receipt of the notice of appeal, or by such date as shall be agreed upon in writing between the applicant and the city, the applicant shall submit to the city council copies of all studies, calculations and other documentation appropriate to the determination of the sanitary sewer connection fee.

c.

The notice of appeal shall specify the grounds for the appeal. The notice of appeal shall be forwarded to the city council along with a recommendation from the city staff, and the city council shall conduct a hearing. The applicant shall receive notice of the hearing by certified mail at least 15 days prior to the hearing.

d.

Within 30 days after the hearing before the city council, the board shall render a final decision. The applicant that submitted the notice of appeal shall receive written notice of the decision.

(3)

Calculation of days. The number of days specified in this section shall include weekend days and holidays. The last day of the period shall be included in the computation, unless it is a Saturday, Sunday or a legal holiday, and if it is, the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. A half-holiday shall be considered as other days and not as a holiday. "Legal holiday" includes any day designated as a holiday by the Congress of the United States, Missouri legislature or the city council.

(UDC 2010, § 8.126; Ord. No. 2008-3472, § 4, 7-22-2008; Ord. No. 2009-3555, § 1, 7-28-2009)

The rates and charges as established herein shall be applicable to all persons whose property, business, residence or other dwelling or structure is connected to the city sewage system, as follows:

(1)

A "user" of said sewage system shall be classified as any person, partnership organization, corporation, owner or tenant of property whose property, business, residence or other dwelling or structure is connected to the city sewage system.

(2)

"Rates" as defined herein to be charged users of said sewage system shall be based upon the total amount of water supplied said user during each calendar month or other billing period established by the city council.

(3)

If any of the dates specified in this division shall fall on a holiday or weekend, the next regular business day shall be used for the purposes of computing delinquencies and penalties as set forth herein.

(UDC 2010, § 8.130; Ord. No. 80-1077, §§ 1, 3(F), 7-8-1980; Ord. No. 80-1084, § 1, 8-26-1980)

(a)

General. Each user or contributor shall pay for the services provided by the City of Belton Sewer System based on the sewer user's choice of two calculation methods. Each user will determine which method of calculation is best for their household. No sewer service shall be furnished or rendered free of charge to any person.

(1)

The volumetric method. Monthly user charges shall be based on water usage as determined by water meter readings during the month.

(2)

The winter average method. Monthly user charges shall be based on water usage as determined by water meter readings during the month of December, January, and February ("test period") and be effective with cycle billings in May following the test period. Such average water usage thus determined shall remain the basis for determining the contributor's monthly sewer charge until a new average consumption is determined following the next test period. If a residential user or contributor has not established a December, January, and February average, such contributor's user charge shall be the mean charge of all other residential contributors.

(b)

Residential contributors. "Residential contributors" shall mean any contributor to the city's sewer collection system whose structure is exclusively used for domestic dwelling purposes with no more than two dwelling units on each separate water meter. Users of a portion of a structure which portion is separately metered for water use and is used exclusively as a dwelling are also classified as residential contributors. Residential contributors shall not include the users of hotels, motels, boardinghouses, nursing homes, residence halls, or multi-unit residential complexes served by a common water meter or meters. Exceptions may include contributors with a service contract approved by the city council.

(c)

Nonresidential contributors. For all contributors, including industrial, commercial, or multi-unit residential complexes served by a common water meter or meters, monthly sewer user charges shall be based on the volumetric method of calculation of water usage as determined by water meter readings during the month, except as provided herein.

(1)

If a nonresidential contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense and in a manner acceptable to the city.

(2)

Nonresidential contributors arranging temporary service for a construction site may choose to be charged for monthly sewer charges by either the volumetric method or by the winter average method allowed for residential contributors. The selection of a winter average sewer billing method for temporary construction site services shall be effective until establishment of a permanent service account but in no event longer than 12 monthly billing periods. The selection of either option may not be revoked by the customer after the temporary account is established except as provided herein. The winter average for such temporary services shall be based on the average monthly water usage for all residential customers as may be determined from time to time by the city. The provisions of subparagraph (2) shall not apply to construction sites for expansions or remodeling of an existing permanent sewer service site.

(d)

City sewer rates.

(1)

In all residential instances the rate schedule for sewer use within the corporate limits billing shall be as follows:

a.

1,500 gallons minimum: .....

1.

Volumetric method .....$14.80 (effective April 1, 2023)

2.

Winter month average .....$16.73 (effective April 1, 2023)

b.

Debt service rate .....$0.00
(effective April 1, 2025)

c.

Volumetric method: .....

i.

1,501 gallons and over, per 100 gallons of metered water .....$1.7026 (effective April 1, 2023)

ii.

Winter Average - 1,501 gallons and over, per 100 gallons of metered water .....$1.8315 (effective April 1, 2023)

(2)

In all non-residential instances the rate schedule for sewer use within the corporate limits billing shall be as follows:

a.

1,500 gallons minimum .....$15.67 (effective April 1, 2023)

b.

Debt service rate .....$0.00
(effective April 1, 2025)

c.

1,501 gallons and over, per 100 gallons of metered water .....$1.8031 (effective April 1, 2023)

(3)

In all residential instances the rate schedule for sewer use outside the corporate limits billing shall be as follows:

a.

1,500 gallons minimum: .....

i.

Volumetric method .....$22.44 (effective April 1, 2023)

ii.

Winter month average .....$25.00 (effective April 1, 2023)

b.

Debt service rate .....$0.00
(effective April 1, 2025)

c.

Volumetric method: .....

i.

1,501 gallons and over, per 100 gallons of metered water .....$2.2539 (effective April 1, 2023)

ii.

Winter average - 1,501 gallons and over, per 100 gallons of metered water .....$2.4248 (effective April 1, 2023)

(4)

In all non-residential instances the rate schedule for sewer use outside the corporate limits billing shall be as follows:

a.

1,500 gallons minimum .....$22.44 (effective April 1, 2023)

b.

Debt service rate .....$0.00
(effective April 1, 2025)

c.

Volumetric method: .....

i.

1,501 gallons and over, per 100 gallons of metered water .....$2.2539 (effective April 1, 2023)

ii.

Winter average .....not available (effective April 1, 2023)

(UDC 2010, § 8.131; Ord. No. 80-1077, § 2, 7-8-1980; Ord. No. 81-1146, § 1, 5-12-1981; Ord. No. 82-1225, § 3, 3-23-1982; Ord. No. 86-1644, § 2, 6-16-1986; Ord. No. 88-1816, § 5, 5-10-1988; Ord. No. 90-2016, § 1, 11-27-1990; Ord. No. 93-2228, § 1, 12-14-1993; Ord. No. 95-2300, § 1, 4-25-1995; Ord. No. 01-2756, § 3, 1-23-2001; Ord. No. 02-2880, § 7, 3-26-2002; Ord. No. 2003-3004, § 1, 9-23-2003; Ord. No. 2005-3134, § 3, 3-8-2005; Ord. No. 2006-3229, § 1, 4-11-2006; Ord. No. 2007-3334, § 1, 4-10-2007; Ord. No. 2008-3422, § 4, 2-12-2008; Ord. No. 2009-3526, § 4, 3-24-2009; Ord. No. 2011-3707, § 4, 3-22-2011; Ord. No. 2012-3791, § 4, 3-27-2012; Ord. No. 2013-3893, § 4, 3-26-2013; Ord. No. 2013-3927, § 4, 6-25-2013; Ord. No. 2014-3984, § 4, 3-25-2014; Ord. No. 2015-4086, § 4, 4-14-2015; Ord. No. 2016-4183, § 4, 3-22-2016; Ord. No. 2017-4318, § 4, 3-7-2017; Ord. No. 2018-4419, § 4, 3-27-2018; Ord. No. 2022-4713, § 4, 5-10-2022; Ord. No. 2023-4768, § 4, 3-28-2023; Ord. No. 2025-4905, § 3, 3-25-2025)

The user charge established in section 42-296 shall be added to and collected with the water bill of each user. All bills for such sewage charges shall be mailed in accordance with subsection 42-47(b). For those user charges determined by a service contract approved by the city council, collection will be based upon the terms of said contract.

(UDC 2010, § 8.132; Ord. No. 80-1077, §§ 2, 3A, 7-8-1980; Ord. No. 80-1084, § 1, 8-26-1980; Ord. No. 87-1695, § 5, 1-13-1987; Ord. No. 88-1816, § 6, 5-10-1988; Ord. No. 93-2228, § 2, 12-14-1993)

(a)

Delinquency date. All sewer bill payments which are in the hands of the finance department before 12:00 noon on the 21st day following the billing date shall be considered paid prior to the penalty date. In the event such 21st day is a holiday, Saturday or Sunday, any payment which is in the hands of the finance department by 12:00 noon on the first business day following the 21st day from the billing date will be considered paid prior to the penalty date. Any payment received after such date and time shall be subject to a penalty charge.

(b)

Penalty amount. All payments received after the penalty date shall be charged a ten percent penalty due and payable at the same time that the basic bill is paid.

(c)

Delinquent notice. A delinquent notice (second notice) will no longer be mailed.

(UDC 2010, § 8.133; Ord. No. 80-1077, § 3(B), 7-8-1980; Ord. No. 80-1084, § 1, 7-26-1980; Ord. No. 82-1293, § 2, 9-14-1983; Ord. No. 85-1544, § 43, 5-29-1985; Ord. No. 87-1695, § 1, 1-13-1987; Ord. No. 88-1816, § 7, 5-10-1988; Ord. No. 89-1871, § 3, 2-28-1989; Ord. No. 90-2025, § 2, 12-11-1990; Ord. No. 93-2211, § 5, 8-10-1993)

Editor's note— Section 7 of Ord. No. 01-2760, adopted Jan. 23, 2001, repealed § 42-299 in its entirety. Formerly, this section was numbered 8.134 and pertained to shutoff of service for nonpayment. See the Code Comparative Table for former legislative history.

Editor's note— Section 7 of Ord. No. 01-2760, adopted Jan. 23, 2001, repealed § 42-300 in its entirety. Formerly, this section was numbered 8.135 and pertained to restoration of service. See the Code Comparative Table for former legislative history.

The aforesaid procedures are in addition to any other lawful collection procedures available to the city under the laws of the state.

(UDC 2010, § 8.136; Ord. No. 80-1077, § 3(G), 7-8-1980; Ord. No. 80-1084, § 1, 8-26-1980)

Editor's note— Section 4 of Ord. No. 2009-3526, adopted March 24, 2009, deleted § 42-302, which was formerly numbered 8.137 and pertained to special water rates for approved water districts or local governments, and derived from Ord. No. 2002-2925, adopted Sept. 24, 2002.