Bonners Ferry City Zoning Code
TITLE 10
UTILITIES
10-1-1: PURPOSE:
To protect the health, safety and general welfare of the public, the city of Bonners Ferry deems it necessary to control the use and connection to the municipal water, wastewater and electrical and waste disposal systems. To protect the health, safety and general welfare of the public and to comply with the city's obligations under law to provide an equitable system of rates and fees with the view toward attempting to make the city's utility systems self-supporting, there is established a system of periodic rates and fees for the purpose of equitably imposing upon all users the costs and expenses of operation, maintenance, repair and replacement of the municipal water, wastewater and electrical systems. (Ord. 608, 6-6-2023)
10-1-2: APPLICABILITY:
This chapter shall apply to all users of the publicly owned utility systems; provides for eligibility, monitoring, compliance, and enforcement activities; establishes administrative review procedures; allowances for setting rates, billing and recovering costs; and requires user reporting. (Ord. 608, 6-6-2023)
10-1-3: BEST INTEREST:
The city reserves the right to deny connection, expansion of or modification to, the city utilities systems where it is deemed by the city, or its affiliates, to not be in the best interests of utility or its customers to do so. In execution of this section the city may provide written communication indicating the reasons for which it may or may not be in the best interest or the City Council shall provide so in the form of an official record. (Ord. 608, 6-6-2023)
10-1-4: DEFINITIONS:
As used within the entire Title 10, the following words and terms shall have the meaning ascribed to them in this section:
ACCOUNT HOLDER: That person who is listed on the account and/or is responsible for payments on the utility account.
CAPITALIZATION FEE or CHARGE: A one-time charge paid by new development to finance construction of public facilities needed to serve them. These fees are intended to provide funds to the utility to finance all or a part of the capital improvements needed to serve new customer growth on the utility.
CITY: The city of Bonners Ferry, Boundary County, Idaho, or its authorized or designated agent, representative or deputy.
CITY ENGINEER: The engineers appointed by and acting for the council, who shall be an Idaho registered civil engineer.
CONTIGUOUS LANDS: Those lands adjacent to the city's incorporated boundary.
CONTRACT SERVICE AREA: That area in which electric customers are served outside city limits by contract or agreement.
CUSTOMER or USER: The owner of a residence, building, structure, or tenant of a single service connection of a residence, building or structure who has made application and who has been accepted under the terms of this chapter and who receives utility from the city. Those structures with multiple connection services the owner shall be considered the customer or user.
DOOR HANGER: A city form or notice, wherein the account holder or customer is notice of a delinquent account and a city staff member placed the notice at the physical property where the account is located.
EDU - EQUIVALENT DWELLING UNIT: The equivalent dwelling unit is the basis the city shall use to establish initial capitalization charges for new or expanded utility services. Each utility shall establish the EDU for which fees will be charged within the chapter regulating the utility.
EXPANSION OF SERVICE: Expansion of service includes the upsizing of service line(s), extension of water or sewer mains, additional water or sewer taps, connections, or capacity for any parcel of land including the expansion or addition of new buildings.
FEE FOR SERVICE: Any fee for service set forth and paid to the City shall be to provide sufficient revenue to pay the operation and maintenance, to repay bonded indebtedness and provide for the reserve fund for said system.
FIXTURE UNIT: A unit measurement for computing waste flow volumes for each plumbing fixture as set forth in the Uniform Plumbing Code (UPC) as then adopted by the city in Title 9 of this code.
IMPLIED CONSENT: Calid consent to annex lands connected to water or wastewater collection system operated by the city if the connection was requested in writing by the owner, or the owner's authorized agent, or the connection was completed before July 1, 2008.
INACTIVE SERVICE OR ACCOUNT: An account which has been disconnected and inactive for thirty (30) days or more. Inactive accounts have been placed in inactive status by the customer or the property owner. An inactive service or account is still liable for monthly base rate charges, even if no utility use is consumed.
LANDOWNER: That person(s) who is listed as the current owner of the property by deed.
MAY: Is permissive.
OWNER: Property owner or authorized person who is responsible for maintenance and care of private property.
SERVICE AREA: The city of Bonners Ferry incorporated city boundaries or by contract with the property owner.
SERVICE CONNECTION: Is the connection owned by the individual property or account owner. It is the lateral connection from the city owned utility line to the property or building.
SHALL: Is mandatory.
SUPERINTENDENT: The person who has been hired by the city to manage the respective utility department.
USPS: United States Postal Service. (Ord. 608, 6-6-2023; amd. Ord. 616, - - 2023)
10-1-5: PROPERTY OF THE CITY:
A. All public sewer mains, pipelines, conduits, catch basins, manholes, clean outs, sewer interceptors and sewer outfalls, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewerage or sewage byproducts located in any street, alley or easement in the city shall belong to the city.
B. Lateral sewer lines, as defined herein, even within the public right-of-way, shall not be owned or maintained by the city and shall be owned and maintained by the property owner served by the line, including maintenance of the main service tap.
C. The city shall be responsible for that portion of the utility from the main line to the meter. The property/account owner shall be responsible for everything from the meter to the structure. The city shall own and maintain any meter. Any upgrades or changes to the meter shall be done so at the direction of the city, unless otherwise provided for within the chapter. Any cost associated with meter replacement may be charged to the account holder.
D. If no meter exists, then the city shall not have responsibility beyond the city utility main line. (Ord. 608, 6-6-2023)
10-1-6: ELIGIBLE SERVICES:
A. Eligible Properties:
1. Only those properties located within the city's service area shall be eligible for new water or sewer service connections by the city water and sewer department. Existing services located outside of the city's service area shall be allowed to continue, provided they do not require an expansion of service as defined.
2. The city shall not provide water or sewer by contract outside of the city limits.
3. Those properties receiving city water or sewer services outside city limits, imply consent to annex by receipt of such services. Any future annexation shall be done in accordance with all Idaho statutes.
4. Electric Service: Any property which can be served by the city through agreement or contract.
B. Service Area:
1. The city services area for water and sewer services is the incorporated boundaries of the city of Bonners Ferry.
2. The city service area for electric shall be by contract or agreement with the property owner and the city when outside of the city limits.
C. Lands Contiguous To Service Area: Lands contiguous to the incorporated city limits shall first be annexed before sewer or water service is provided or extended to those properties. (Ord. 608, 6-6-2023)
10-1-7: EXPANSION OF SERVICES OUTSIDE CITY LIMITS, NOT ALLOWED:
A. No existing water or sewer service located outside of the city service area shall be expanded without first being incorporated into the city limits.
B. Expansion Of Service: The City Administrator and/or City Engineer shall have final decision over whether circumstances around a property qualifies as an expansion of service.
1. In deciding as to whether a property qualifies as an expansion of services the City Administrator or Engineer shall first determine if the circumstances around such expansion of services meets the definition as provided in section 10-1-3
.
2. If the determination has been made that an expansion of service will occur, then the City Administrator or City Engineer shall require the property first be annexed before receiving any city water or sewer services.
3. If the determination has been made that an expansion of services has not or will not occur, then the city administrator or engineer shall document to the requestor the decision along with those findings in which the determinations is made.
4. Any final, written administrative decision made pursuant to this title shall be considered final unless appealed by an affected person to city council. The appeal process shall follow the same standards as listed at 10-1-20
, of Bonners Ferry City Code. (Ord. 608, 6-6-2023)
10-1-8: CAPITALIZATION CHARGE, NEW ACCOUNTS, PREVIOUS ACCOUNTS, NEW SERVICE CONNECTIONS:
A. Capitalization Charge: Any new development on to the city's system is subject to a capitalization charge. This fee is developed by the city and charged to the customer or requestor at the time the services is applied for. The purpose of the capitalization fee is to assess new customers their proportionate share of the cost of infrastructure required to provide them service by the utility.
1. The capitalization fee or charge shall be set forth by the city council on the official fee schedule. The fee may vary depending on each utility.
2. Where the city has not contemplated a new use as established on the use table by the Appendices of this title, the City Engineer shall set a EDU rate for capitalization charges using their professional judgement and what is in the best interest of the city.
B. New Accounts: Any new customer shall request a new account by using a city utility service form or application. The application, once prepared, shall be submitted to the city with any and all documents that the city requires in order to process the application. Those can include, but are not limited to, the following:
1. Warranty Deed or lease agreement;
2. Photo identification;
3. Required fees and deposits set forth on the official fee schedule.
C. Previous Accounts: A customer who has a prior account with the city that has been closed or retired and has a balance owing or a balance in collection, shall pay all past-due balances before opening a new account with the city.
D. New Service Connections: A customer may seek a new service connection on a form provided by the city. The city has the right to review, approve or deny service connections if it deems it not in the interest of the city to allow such connection, in concert with any standards or requirements within the specific utility. (Ord. 608, 6-6-2023; amd. Ord 616, - - 2023)
10-1-9: DEPOSIT REQUIRED FOR SERVICE CONNECTIONS:
The Departments of water, sewer, and electricity, or any one or more of them, may require advance deposits before providing customer service. The deposit is used by the utility to schedule, purchase, and otherwise prepare for the service line connection to the city system. The deposit will be shown as a line of credit on the final invoice by the city for the actual cost of connecting to the city utility. (Ord. 608, 6-6-2023)
10-1-10: SECURITY DEPOSIT ON NEW ACCOUNTS:
A. Security Deposit Required: All new utility accounts are required to submit a security deposit on the account up setup, unless an acceptable letter of credit is provided as described in subsection C of this section, or the customer enrolls in autopay.
The deposit will be collected at the time of application, of which the amount shall be set forth by the official fee schedule as adopted by resolution by the council.
B. Payment Arrangement: If payment arrangement is needed on the deposit, a minimum of fifty percent of the deposit amount will be collected at the time of application and the remaining amount by the due date of the first billing cycle on the account. Payment of deposit will take priority and the remaining amount will be applied to utility service balance.
C. Security Deposit Wavier: The security deposit will only be waived on accounts if the customer has the previous twelve (12) months of consistent full, on-time payment history with the city or the city has received some form of communication acceptable to the city, from the previous utility company, documenting the previous twelve (12) months of consistent full, on-time payment history. This letter must show historic payment obligations for a like-sized account.
D. Return Of Deposit: After twelve (12) continuous months of non-delinquent payment of the monthly bill by the customer for the utility requiring a deposit, such deposit shall be applied to the customer's account. If the customer closes an account, the deposit is applied at closing. Refunds are mailed to the customer if the account balance results in a credit and there are no other active accounts of the customer.
E. Interest: No interest will be paid to customers on security deposits.
F. Bankruptcy: If a customer has previously declared bankruptcy while a utility customer of the City of Bonners Ferry, the security deposit required shall double. Additionally, the deposit shall not be refunded to the account until there has been twenty-four (24) months of full, on-time full payments or when the account is closed. (Ord. 537, 12-3-2013; amd. Ord. 608, 6-6-2023)
10-1-11: BILLING FOR SERVICES:
The City shall reserve the right to bill for monthly services for each utility and shall do so in accordance with the City's billing policy as adopted by resolution by City Council.
A. Non-Sufficient Fund (NSF) Policy: When the City receives an NSF for auto-pay or a check, the payment is cancelled from accounts receivable and the customer is charged a NSF fee in accordance with the city's official fee schedule. The City Clerk will advise the Police Department of NSF checks when appropriate. The City is not responsible for any other NSF fee charged to the accountholder by any other entity which charges the customer a NSF fee.
B. Notification: The Clerk will notify the account holder or customer of the NSF. In the event that the Clerk is unable to contact the person(s), he/she shall then notify the account holder by means of a door hanger to inform them of the NSF.
C. Landlord/Rental Dwelling Transfer Of Service: Upon a tenant vacating a property the utility accounts shall revert back to the landlord's name or property manager. The landlord/property manager may contact the City at any time to request the status of the tenant's account.
D. Tenant's Liability: If the service is placed in the landlord's name and the tenant has outstanding utility bills, the tenant will be subject to the collection process.
E. Meter Reading: Meters are read monthly or when a final read is necessary.
F. Estimated Billing: When the City is unable to gain reasonable access to a meter or when the meter collection system fails, the city will estimate the reading for a billing period based on the historical usage of that service.
G. Retired Service: A service may be retired by written request of the property owner. When a service is retired, meters will be removed. Request for service at a location from which a service has been retired shall be required to install a new service. (Ord. 608, 6-6-2023)
10-1-12: PAYMENTS:
A. Due Date: Payments for charges on the utility bill shall be made-due on the thirtieth of each month of that month's bill date, or as provided for in the city's utility billing policy adopted by council. February's bill shall be due on the last day of the month, or as otherwise provided for within the city's utility billing policy adopted by council.
B. Payment Arrangements: Customers who cannot make full payment shall make payment arrangements in accordance with this chapter. Failure to do so may result in the account being delinquent and being disconnected, as provided for in accordance with this chapter.
C. Requests For Billing: Customers may request to be billed in any method as provided for within the city's utility billing policy. If the customer makes no request, the customer shall be sent notice of charges through USPS mail.
D. Receipt Of Bill Is Not Cause For Non-Payment: Not receiving an invoice or bill from the city via the approved or requested method does not deprive the customer of paying any charges accrued on the account. Failure to make payment, even if the customer claims it was not received, is grounds for the city to take action to disconnect the account or send the account holder to collections in accordance with this chapter. (Ord. 608, 6-6-2023)
10-1-13: CLOSED ACCOUNTS, DELINQUENT ACCOUNTS, DISCONNECTIONS:
A. Customer Requested Closure:
1. To close an account, a customer must complete a request to discontinue utility services on a form provided by the city. The account will remain in the customer's name until the city has received the completed form.
2. The customer will continue to receive a bill for account charges until the account is paid for in full or turned over to a collection agency.
3. Accounts closed due to non-use, delinquency, or at the request of the customer, may require the service to be updated to any new standards the city has adopted since the account originated.
B. Closure By Non-Use:
1. When an account has been inactive for thirty (30) days, the account will be closed and any past due balances sent to collection, pursuant to standards adopted by resolution.
2. Reconnection of an account closed due to non-use will require a new application and payment of all associated fees and deposits, including any past fees not collected or due to the city.
C. Delinquent Accounts:
1. Account or balances over an amount set by Councils (see official fee schedule) and past due by thirty (30) days, shall be considered a delinquent account.
2. An account that is not brought current shall be disconnected in accordance with subsection E of this section.
D. Payment Arrangements:
1. A customer may request a payment arrangement for delinquent accounts, but first must pay a minimum of twenty-five percent (25%) of the past due amount.
2. Any remaining balance of the past due amount will be due within thirty (30) days of the payment arrangement being made.
a. No new payment arrangements will be allowed if the previous payment arrangement was not paid or completed in the time frame accepted by the city.
b. If the payment arrangement is not completed by the account holder, then a door hanger is then placed on the address of the delinquent account.
c. Any aggrieved account holder may appeal the staffs decision in accordance with section 10-1-20 of this chapter.
E. Disconnections And Reconnections:
1. The city may immediately and without notice disconnect services for the following reasons:
a. Broken payment arrangements
b. Diversion or unauthorized use of city utility services.
c. Discovery of a condition determined by the City to be hazardous.
d. Violation of and/or noncompliance with any applicable Federal, State or other local laws, regulations and codes.
e. Discovery of meter tampering.
f. Other circumstances where public health and/or safety is at risk.
2. Disconnections for routine maintenance during normal working hours by the request of the customer can be made by the account holder or customer at no cost to the customer, provided the disconnect can be completed within two (2) working hours in a single business day and can be accommodated within ten (10) working days of the request.
3. Disconnection for routine maintenance outside of normal business hours or have to be accommodated within a ten (10) working daytime frame, or that take longer than two (2) working hours in a business day, will be charged actual costs of labor expended for such work to be completed.
4. Delinquent accounts shall be disconnected after failure to make an account current in payment after notice is provided by the city.
5. City staff shall cause the delinquent account to be shut off or the meter removed for accounts that remain delinquent. The city may at any time remove the meter from the property if the account is not brought current.
6. A customer can delay termination of service for an additional thirty (30) days from the scheduled disconnect date by obtaining a certificate from a doctor or public health official stating that a medical emergency would exist of a medical condition would be aggravated if the service is turned off. The certificate must be signed by the person diagnosing the medical conditions and must name the person affected.
7. Reconnection of a property after being disconnected for non-payment shall not be re-energized or reconnected until the service is brought up to current Idaho State or National Code requirements, or any city standards.
8. All charges, fines or penalties shall be paid in full before reconnection or account activity is reinstated. (Ord. 608, 6-6-2023; amd. Ord. 617, 8-20-2024)
10-1-14: OVERDUE AND INACTIVE ACCOUNTS:
A. Inactive accounts, as defined in section 10-1-3
, are still liable for monthly base rates as provided for within the official fee schedule adopted by the city council from time to time.
B. In the event that a utility's customer is listed as the debtor on two (2) or more accounts, if one such account is no longer active or in-use but a balance is owed on such account, the city may transfer the balance of the inactive account to another active account of the same customer, the inactive account may be closed, and the balance shall be due in accordance with the terms of the active account. (Ord. 537, 12-3-2013; amd. Ord. 608, 6-6-2023)
10-1-16: METERS:
A. Ownership Of Meters: All water meters installed or accepted by the city shall remain the property of the city and may be removed or replaced by the city at any time.
B. Maintenance Of Meters: The city shall maintain and repair all the meters. Where replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or carelessness of the owner, occupant or tenant, any expense incurred by the city thereby shall be charged and collected against the customer. Water services may be discontinued until the meter is repaired.
C. Meter Location And Access: Meters shall be located near the customer's property line closest to the street where the source water main is located or as directed by the superintendent of the utility. Adjacent areas next to meters shall be kept free of trees, shrubbery, or other obstructions, including debris, snow or other items which may bury the meter. Failure to comply with this ordinance may result in charges for locating, cleaning or removing vegetation if cost is incurred by the city.
D. Meter Adjustments: Any adjustment whatsoever of a meter shall only be done with the express written consent of the city official in charge of the water department. Furthermore, all city water system taps shall be by the city or under the supervision of the water superintendent.
E. Meters In Structures: No meter shall be located within a structure without written approval by the city. If a meter is located within a private structure, the city shall obtain free right of access at all times to said meter. (Ord. 608, 6-6-2023)
10-1-17: METER UPGRADES REQUIRED:
A. Notwithstanding specific requirements within the utilities chapters, any account which is shut-off, discontinued, retired or otherwise removed from the city system shall be upgraded to the city's current system, if it is otherwise determined to be nonconforming by the city.
B. Any cost associated with an upgrade shall be borne by the account holder. If the request is made by the account holder to install a new meter, the city shall bill the account holder for all costs associated with the installation and upgrade.
C. No service shall be reinstalled or activated until such measures, meters or other required elements of the system upgrades have been completed and installed to the satisfaction of the city. (Ord. 608, 6-6-2023)
10-1-18: PUBLIC UTILITY SYSTEM CONSTRUCTION OR EXTENSION:
A. Licensed Contractors: Only Idaho Public Works licensed contractors shall be authorized to perform the work of public utility construction within the city. The contractor must also be licensed at the appropriate level based on construction cost and Idaho Statute requirements. All terms and conditions of the approval issued by the city to the applicant shall be binding on the contractor.
B. Permission To Extend: The mayor and council may authorize the construction or extension of public utility in accordance with this Title. No person shall construct, reconstruct, extend or connect to any public sewer without first obtaining written approval from the city and paying all fees and connection charges and furnishing bonds as required therein. Any person or entity constructing within the city's rights-of-way shall first obtain a right-of-way permit from the city.
C. Adopted Design Standards: Staff shall require compliance with any specific standards of the utilities as adopted from time-to-time by resolution of the city council.
D. Construction Agreement: The city council may enter into development and construction agreements with the landowner, developer and/or installer to ensure the public system is protected overall.
E. Adoption Of ISPWC: The City by reference hereto adopts the latest edition, and subsequent editions thereto, the Idaho Standards for Public Work Contractors, (ISPWC) for City utility construction. All utility extensions or modification shall be designed, constructed and installed to this standard. (Ord. 608, 6-6-2023)
10-1-19: APPLICATION FOR UTILITY CONSTRUCTION AND/OR EXTENSION:
A. Application: An application with completed construction plans showing profiles and specifications, complying with all applicable ordinances, rules and standards, showing all details of the proposed work based on an accurate survey of the ground prepared by an Idaho registered civil engineer shall be submitted to the city for review.
B. Plan Approval: The application, together with the plans, profiles and specifications shall be examined by the city engineer who shall approve them as filed or require them to be modified as they deem necessary for proper installation.
C. State Submission And Approval: Once plans and specifications are approved by the City Engineer, the applicant must then submit the plans and specifications to the respective Idaho State office, if applicable, for approval.
D. Issuance To Construct: When the City Engineer and/or the State of Idaho is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, he/she shall order the issuance of a permit predicated upon the payment of all connection charges and fees, and furnishing bonds as required by the city. The permit shall prescribe such terms and conditions as the council finds necessary in the public interest.
E. Compliance With Regulations: Any person constructing within a city street shall comply with all state and city laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay fees required by the department having jurisdiction.
F. Modification Of Standards/As-Builts:
1. The City Engineer may permit modifications or may require higher standards where unusual conditions are encountered.
2. As-built plans are required to be submitted to the city. No less than two (2) sets of as-built drawings showing the actual location of all mains extensions, wyes and laterals shall be filed with the city before final acceptance of the work is completed.
G. Excavations:
1. Safety Devices: The applicant or contractor shall maintain such barriers, lights and signs as are necessary to always give warning to the public that a utility is under construction and of each dangerous condition to be encountered as a result thereof. They shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the utility.
2. Restorage of the Excavated Area: Streets, sidewalks, pathways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the city.
H. Testing Of Completed Utility Line: Before any acceptance of any sewer, water or electrical line by the city and prior to the admission of any services into the city system, the utility line shall be tested and shall be completed in full compliance with all city and state regulations and to the satisfaction of the City Engineer.
I. Sewer Lift/Water Booster Stations: In areas and subdivisions where elevations do not allow gravity flow to, sewer lift or water booster stations shall be required. Required sewer lift stations and/or water booster stations must be constructed to the city standards and policies as adopted or amended from time to time. (Ord. 608, 6-6-2023)
10-1-20: ENFORCEMENT:
The city may take all measures as deemed fit to ensure the public system is protected from violations of this Title.
A. Notification Of Violations: Whenever the City finds that any persons who have violated the prohibitions of this Title, the City may cause to be served upon such person a written notice (either personally or by certified or registered mail, return receipt requested) stating the nature of the alleged violation. Within fifteen (15) days of the date of receipt of the notice, the person(s) shall respond personally or in writing or by certified or registered mail, return receipt requested, to the City, advising of its position with respect to the allegations.
B. Plans For Correction: Thereafter, the person shall be given the opportunity to meet with a representative of the City to ascertain the veracity of the allegations and establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof. (Ord. 608, 6-6-2023)
10-1-21: PENALTIES:
A. Any person found to be violating any provision of this Title shall be served by the city with written notice stating the nature of the violation and provided a reasonable time limit, but in any event not to exceed ninety (90) days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. The city shall have the authority to issue warnings and invoke administrative sanctions as deemed proper by the city. Including, but not limited to, disconnection of the utility from the property.
C. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage caused by the city by reason of such violation. (Ord. 608, 6-6-2023)
A. Appeals And Review: Any person aggrieved by a ruling of City, respecting the interpretation of this act or any officer, department of the city concerning the interpretation of this act may take an appeal to the council in the following manner:
1. Such appellant shall, within fifteen (15) days after staff makes the decision, file a written notice with the city clerk, together with a filing fee as hereinafter required. The city clerk shall forthwith transmit to the council all papers constituting the record upon which this action was taken.
2. The council, upon receipt of any notice of appeal, shall fix a reasonable time for the hearing of the appeal.
3. The council shall hear and decide the appeal within a reasonable time but in no event more than forty-five (45) days after its final adjournment of the hearing. At the hearing, parties in interest may appear in person or by agent or attorney and testify and offer evidence and material relevant to the issue.
4. The council may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination as, in its opinion, ought to have been made on the premises. (Ord. 608, 6-6-2023)
10-1-23: STANDARDS FOR ADMINISTRATION, ADOPTED BY REFERENCE:
The city shall, from time to time, adopt certain policies and procedures for administrating the utilities, which shall be modified as needed to best manage the respective department. The policies and procedures, as included by reference herein, shall serve as the city basis for directing staff and customers on connections, extensions, billing and other day-to-day activities. Those policies include, but are not limited to, the following:
A. Electric Service Standards;
B. Water Service Standards;
C. Sanitary Sewer Standards;
D. Road Standards. (Ord. 608, 6-6-2023)
10-2-1: DEPARTMENT ESTABLISHED:
A water department is hereby established. The officers and other employees shall consist of a Superintendent and other such personnel as the council may from time to time deem necessary for the efficient administration of the same. (Ord. 608, 6-6-2023)
10-2-2: PURPOSE; GENERAL PROVISIONS:
The purpose of this chapter is to:
A. Establish reasonable rules and regulations for the operation of the water department of the City.
B. Establish reasonable fees to be charged to customers receiving water service and provide fair, orderly, and efficient procedures for collection and termination of delinquent accounts.
C. Establish a fair and equitable means of having all persons who hook into or receive direct and immediate benefit from water mains throughout the city by requiring owners to participate in the capital cost and maintenance of water mains fronting and providing benefits to properties and the general operation of the water system, including fire protection and other health and safety benefits.
D. Establish fair and equitable charge for the actual cost of material and labor expended by the City whenever City crews install water service or do maintenance for a customer.
E. Protect public health and welfare by maintaining quality water to the city and controlling cross-connections or other sources or potential sources of contamination to the water supply.
F. Provide clean, efficient, and adequate water system for residents and customers of the city. (Ord. 608, 6-6-2023)
10-2-3: DEFINITIONS:
BACKFLOW: | The flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. |
BACKFLOW PREVENTION ASSEMBLY: | A backflow preventer which is testable. |
CONTAMINATION: | The presence of any foreign substance (organic, inorganic, radiological or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water. |
CROSS CONNECTION: | Any physical connection between the city's system and another water supply. |
EMERGENCY: | An unexpected event not routinely occurring in the course of the operation of the system resulting from damage to or failure of the system or some part thereof or a user's system attached thereto and supplied by the system or an event in the area surrounding the system that either causes damage to or contamination of the system or threatens such damage or contamination. Or an event that requires a major portion of the water delivery capacity of the system be diverted and applied to the protection of persons or property against an event damaging or threatening damage to the health and welfare of persons or property served by the system. |
SHORTAGE: | Any circumstances resulting in the actual or reasonably expected demand for water exceeding the capacity for the system to deliver water to the users and maintain sufficient reserves for the public health and safety of persons and/or property served by the system. |
WATER SERVICE LINES: | That portion of water line that connects the building or structure water to the city main. (Ord. 608, 6-6-2023) |
10-2-4: ELIGIBLE SERVICE:
B. Lands contiguous to the incorporated city limits shall first be annexed before water service is extended or expanded to those properties.
C. Expansion of service includes upsizing of service line(s), extension of water mains, additional water lateral taps or connections for a parcel of land or the addition of a new building.
D. Pursuant to section 10-1-6
, the City Administrator and/or City Engineer shall have final decision over whether a circumstance qualifies as an expansion of service. (Ord. 608, 6-6-2023)
10-2-5: PROPERTY OF THE CITY; UNLAWFUL TO SELL:
A. In addition to those standards listed at 10-1-4
, the City shall have exclusive ownership, management, and control of the City water system and shall have exclusive ownership, management, and control of the supply and distribution of water to the inhabitants of the City. The City may make such rules and regulations as are necessary for the complete management, control, distribution, and supply of water within and without the City.
B. It shall be unlawful for users to resell or otherwise distribute city water.
C. Connections from the main to the water meter are installed and maintained by the city and kept within its exclusive control. (Ord. 608, 6-6-2023)
10-2-6: PROPERTY OF THE CUSTOMER:
A. Water service lines as defined here from the meter to the structure, location, or building shall be the property and ownership of the customer. (Ord. 608, 6-6-2023)
10-2-7: REQUIRED TO CONNECT:
A. New houses, buildings, or properties within two hundred feet (200') shall connect to and use water from the public system.
B. No building permit shall be issued until evidence is submitted that the owner has obtained a permit to construct a private water supply or connect to a public water system.
C. New subdivisions within city limits shall be required to connect to the public water system for each lot within the subdivision.
D. All existing houses, buildings, or properties served by a private water supply shall abandon the private water supply and connect to the public water system once public water becomes available within two hundred feet (200'). The disconnection of a private supply shall be inspected and approved by the City. Cross-connection is not permitted.
E. Once connected to the City water system, it shall be unlawful to disconnect.
Notwithstanding the foregoing, the use of the city water as a primary source of irrigation in new development is prohibited, and use of irrigation water is required. (Ord. 608, 6-6-2023)
10-2-8: AUTHORITY TO CHARGE RATES:
A. All Real Property Subject To Rates: All real property, with or without buildings, shall be subject to the water rates so long as a service pipe (i.e., hook-on) is in place.
B. The City shall charge a rate as established on the official fee schedule and shall do so in accordance with the billing policy as adopted by resolution of the City.
C. Water Meters: Water meters shall be used to determine water charges for all water customers, unless technical circumstances prohibit the use of them. In this event, a nonmetered flat rate shall be levied until such time as the technical issues are resolved.
D. All water meters installed or accepted by the city shall remain the property of the city and may be removed or replaced by the city at any time.
E. The city shall have the authority to charge capitalization fees for water based on the adopted table listed as Appendix A of this Title. (Ord. 552, 11-17-2015; amd. Ord. 608, 6-6-2023; Ord. 616, - - 2023)
10-2-9: MOVING WATER SERVICE FEE:
A. There shall be reasonable charge for time and materials for the moving of a water service after original installation is made on property.
B. The applicant shall make an application, on a form provided by the city, to request movement of the water service. Should the move not be in the best interest of the city, the water superintendent shall be authorized to deny such movement of service and declare in writing the reasons for the denial.
C. The city shall charge the customer who requests the change, all time and material as well as equipment used in the move. (Ord. 608, 6-6-2023)
10-2-10: BILLING RELIEF FOR WATER LEAKS:
A. When a major water leak is discovered on the customer's lines the City will provide bill relief under the following conditions.
1. Only for the billing cycle in which the leak is detected.
2. The leak must be external to any structures.
3. Not greater than ½ of the amount in excess of the normal water usage, as estimated by the City
4. The customer must notify City Hall within thirty (30) days of the billing date.
5. The customer must provide a detailed explanation, in writing, of the conditions.
6. If the leak is caused by customer negligence, the City will not absorb any of the loss. (Ord. 608, 6-6-2023)
10-2-11: CITY NOT LIABLE FOR DAMAGES; RESPONSIBILITY FOR REPAIRS:
A. The City shall not be liable for damages caused by interruptions of water supply, scarcity of water, accidents to water works or mains, or during the time of alterations, additions or repairs or for any other unavoidable cause. Nothing herein is intended to create any private duty to any customer to create a private right of action against the city on account of any failure by the city or its officers, agents or employees to provide water service or comply with the provisions of this Chapter.
B. All damage done to the city's water system, such as breaking pipes, water meters, fire hydrants or any other equipment, shall be repaired or replaced by the city and charges for the same will be made to the person or persons incurring the damage. (Ord. 608, 6-6-2023)
10-2-12: RIGHT TO TURN OFF WATER:
A. The city may turn off water within the city water system as a whole, portion or single user when deemed necessary to maintain or repair the water system or when ordered to do so by the Mayor or City Council.
B. Notification of water shut off may or may not come with much warning when in emergency. However, the City will notify as soon as possible when shutoffs occur and how long the anticipated shut off will last. (Ord. 608, 6-6-2023)
10-2-13: WASTE PROHIBITED; NO CONTAMINATION:
A. It shall be unlawful for any person to permit water to run or waste. All outlets must be kept closed except during the time which water is being drawn for necessary use. Letting the water run to prevent freezing in cold weather or to keep water cool in warm weather is unlawful and is prohibited unless such acts are required by the water department. The owner of any premises shall keep their faucets, closets and other fixtures, and his pipes to the curb line in good repair and free from leaks. (1959 Code § 3-1-6)
B. No person shall contaminate or befoul any reservoir, stream or watershed, spring or other source from which the supply of water for the city is obtained, nor any pipe, fountain or any other device forming a part of the city water system. (1959 Code § 3-1-7; amd. Ord. 608, 6-6-2023)
10-2-14: INJURY TO WATER SYSTEM:
A. No unauthorized person shall maliciously, willfully, or negligently break, damage or destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the water system.
B. Any authorized work that results in damage to the water system shall be repaired to the satisfaction of the superintendent or city engineer, with the cost being borne by the applicant or authorized person. (Ord. 608, 6-6-2023)
10-2-15: INSPECTION OF PREMISE:
Upon such reasonable notice, inspection of service or customer lines shall be provided to authorized city personnel to all places supplied with water from the city water system. Failure to consent to a legitimate and reasonable request may provide reason for the city to turn off water. (Ord. 608, 6-6-2023)
10-2-16: APPLICATION FOR SERVICE:
A. Required: It shall be unlawful for any person to install, alter, expand or make any connection to any water main or service pipe through which water is supplied by the city to water consumers or to interfere or tamper in any manner with such mains or pipes or to use any water supplied by the city without first having made application to the city and paying the service fee as set forth on the adopted fee schedule.
B. Contents Of Application: The applicant must state fully and truthfully all purposes for which water is to be used and must agree to conform to the rules and regulations as a condition for the use of water. (Ord. 608, 6-6-2023)
10-2-17: USE STATED:
No person supplied with water from the city mains shall be entitled to use it for any purposes other than those stated in their application, or to supply it in any way to other persons or property. Should the owner or occupant of any premises desire additional outlets or fixtures or desire to use water for a purpose not stated in the original application, a new application must be made, and a new permit obtained from the city. (Ord. 608, 6-6-2023)
10-2-18: ARRANGEMENT OF SERVICE LINES:
A. The service lines must be so arranged that the supply to each building, business, place or tract of land shall be controlled by a separate meter placed near the property line, unless a different arrangement is first authorized in writing by the city.
B. Where water is already supplied through one service to several buildings, places or tracts, the city may, at its discretion, decline to furnish water until separate services are provided or continue the supply on condition that one person shall pay for all the same service. (Ord. 608, 6-6-2023)
10-2-19: BRANCH SERVICE:
No service connection serving more than one customer shall be made, except with written permission granted by the city and only for good cause. Such permission may only be granted where common ownership of the multiple connections and billing is made to that owner, not individual tenants or other parties in possession of the property. If common ownership is terminated, then each connection must be separately connected. (Ord. 608, 6-6-2023)
10-2-20: CROSS CONNECTIONS PROHIBITED:
A. Cross connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited except when and where, as approved by the authority having jurisdiction, suitable protection is installed, tested annually by a tester who is licensed in the state of Idaho and maintained to ensure proper operation on a continuing basis.
B. Cross connections shall include, but are not limited to:
1. Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer, drain, or any unapproved source or system. Furthermore, it is any potable water supply outlet which is submerged or can be submerged in wastewater and/or any other source of contamination.
2. Any other connection where the public water system is connected, directly or indirectly, to any other system which may be capable of imparting contamination to the public water system; or
3. As provided in any state of Idaho regulations relating to public water systems. (Ord. 608, 6-6-2023)
10-2-21: BACKFLOW PREVENTION AND TESTING REQUIRED:
A. Required: An appropriate and adequate backflow prevention assembly is required to be installed when the city determines that such an assembly is necessary due to the nature and the extent of the activity on the premises to prevent cross connection, or when required by state of Idaho regulations relating to public water systems. All backflow prevention assemblies shall be selected from sources deemed acceptable by the Idaho department of environmental quality.
B. Testing Requirements:
1. Each backflow prevention assembly shall be tested by a certified tester approved by the state of Idaho upon installation or repairs and after being moved and shall be inspected annually, or more often when successive inspections indicate failure, to ensure that it functions properly. The tester shall attach a tag stating the tester's name and date of satisfactory test to the assembly.
2. The assembly owner shall provide the city of Bonners Ferry a copy of the test results.
C. New Service: For new connections, suitable protection must be installed, when necessary, prior to providing water service.
D. Inspection: The water department superintendent, or his designated agent who is an employee of the city, shall have the right of entry with permission of the owner into any building during reasonable hours for the purpose of making inspection of the plumbing systems installed in such building or premises provided that with respect to the inspection of any single-family dwellings, consent to such inspection shall first be obtained from a person of suitable age and discretion therein or in control thereof.
E. Violations: Any account which fails to comply with the requirements of this section will be subject to shutoff, and a disconnect fee will be charged in the amount listed in the city of Bonners Ferry billing policy. If service is restored, a connect fee will be charged in the amount listed in the city of Bonners Ferry billing policy.
F. Compliance: Water supply shall not be resumed until the cross connection or source of contamination is eliminated or a backflow prevention device has been installed in accordance with city standards. The customer shall be required to bring the water line into compliance with current city standards for service to re-initiated. (Ord. 608, 6-6-2023)
10-2-22: PUBLIC WATER SYSTEM CONSTRUCTION OR EXTENSION:
10-2-23: FIRE HYDRANTS:
A. Maintenance: All public fire hydrants shall be maintained by the Water Department and be kept accessible at all times. Members of the Police and Fire Departments shall also have access to such hydrants. No other person shall draw or attempt to draw any water from a fire hydrant unless the person has written permission by the city to do so.
B. Operations: No person(s) other than those designated and authorized by the city shall open, attempt to draw, or tamper with a hydrant belonging to the city. Any violations of these regulations will be prosecuted according to law. No tool, other than special hydrant wrenches, shall be used to operate a hydrant valve. In cases where a temporary service has been granted and water received through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.
C. Moving A Fire Hydrant: When a fire hydrant has been installed in a location specified by either the city or the property owner, the city has fulfilled its obligation. If an owner or other party desires to change the size, type or location of a hydrant, they shall bear all costs of such change. Any change in the location of a fire hydrant must be approved by the city and the city fire department.
D. Permission To Use Hydrant: No person, except a fire fighter in the performance of his or her duty, shall open or in any way tamper with any fire hydrant connected with the water system unless permission first be obtained from the City. No person shall place upon or about any water valve connected with the water system any material substance whatsoever which will prevent access at all times to such hydrant or valve and no vehicle shall be allowed to stand within fifteen feet (15') of such hydrant. The use of private hose in time of or during an alarm of fire is unlawful and is strictly prohibited unless for protection of property. (1959 Code § 3-1-5; amd. 2003 Code; amd. Ord. 608, 6-6-2023)
10-2-24: VIOLATIONS, ENFORCEMENT, PENALTIES AND APPEALS:
Violations, enforcement, penalties and appeals shall follow such requirements as provided for in Chapter 10-1
of this Title. (Ord. 608, 6-6-2023)
APPENDIX A: WATER EDU TABLE
EQUIVALENT RESIDENCE UNIT (EDU) TABLE FOR ESTABLISHING WATER CONNECTION AND CAPITALIZATION FEES | ||
OCCUPANCY | UNIT OF MEASURE | ER PER UNIT |
EQUIVALENT RESIDENCE UNIT (EDU) TABLE FOR ESTABLISHING WATER CONNECTION AND CAPITALIZATION FEES | ||
OCCUPANCY | UNIT OF MEASURE | ER PER UNIT |
Automotive Repair And Maintenance Store | By Fixture Unit Count | 1.0 ER/25 FU* |
Bank | By Fixture Unit Count | 1.0 ER/25 FU* |
Bar / Tavern / Cocktail Lounge | Per 10 seats | 0.25** |
Barber / Beauty Shop | Per Operator Station | 0.50** |
Business Office | By Fixture Unit Count | 1.0 ER/25 FU* |
Car Wash-Automatic | Per Bay | 2.0 |
Car Wash-Hand-Held Wand | Per Bay | 1.0 |
Church | Per 100 Seats | 1.0 |
Convenience Store | By Fixture Unit | 1.0 ER/25 FU* |
Dare Care / Preschool- additive to any other used occurring within the building or facility | Per 10 Students and Staff | 0.25** |
Nursing Home or Extended Care facility | Per Bed | 0.50** |
Fitness Center | By Fixture Count | 1.0 ER/25 FU* |
Grocery Store | By Fixture Count | 1.0 ER/25 FU* |
Hospital | Per Bed | 0.60** |
Laundromat / Self Service | Per Machine | 0.33** |
Library | By Fixture Unit | 1.0 ER/25 FU* |
Medical or Dental Office | Per Patient Room | 0.25** |
Mobile Home Park | Per Unit | 1.0 |
Motel / Hotel | Per Rented Room | 0.5** |
Multi-Unit Commercial Property - with shared meter | Per Unit | 0.5** |
Professional Office Building | By Fixture Unit Count | 1.0 ER/25 FU* |
Residence, including Multifamily with Shared Meter | Per Unit | 1.0 |
Residence, including Multifamily with Individual Meters | Per Unit | 1.0 |
Residence, Single Family- including ADU's | Per Unit | 1.0 |
Restaurant/Cafeteria | Per 10 Seats | 0.25** |
Restaurant- Fast Food | Per Seat | 1&0.5** |
Retail Sales Store | By Fixture Unit | 1.0 ER/25 FU* |
RV Park or Campground with Water Hookups/Shower facilities | Per Space | 0.25** |
RV Park or Campground w/ Water hookups and without Showers | Per Space | 0.15** |
School- without gym and cafeteria | Per 50 Students/Staff | 1.0 |
School w/o Gym and w/ cafeteria or vice versa | Per 30 Students/Staff | 1.0 |
School w/ Gym AND Cafeteria | Per 25 Students/Staff | 1.0 |
Service Station- Without Convenience Store | Per Restroom Toilet | 0.25** |
Theater | Per 25 Seats | 0.25** |
Industrial- w/showers | Per Employee | 0.115** |
Industrial - w/o showers | Per Employee | 0.050** |
Industrial Use- in addition to the above the city may set EDU based on anticipated usage determined by the industrial use proposed. | *** | *** |
Warehouse/Office | By Fixture Count | 1.0 ER/25 FU* |
*Fixture Unit Increments shall be 1-13= 0.50 ER, 14-25=1.0 ER. | ||
**Includes base rate of 1.0 ER plus additional ER's added per unit of Measurement | ||
*** PER 10-1-8, City engineer shall set EDU amounts. | ||
(Ord. 616. - - 2023)
10-3-1: DEPARTMENT ESTABLISHED:
A sewer department is hereby established. The officers and other employees shall consist of a superintendent and other such personnel as the council may from time to time deem necessary for the efficient administration of the same. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-2: PURPOSE; GENERAL PROVISIONS:
This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city of Bonners Ferry and enables the city to comply with all applicable state and federal laws and the general pretreatment regulations. The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation.
B. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public.
C. To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-3: APPLICABILITY/PUBLIC HEALTH STATEMENT:
A. Applicability: This ordinance shall apply to all users of the publicly owned treatment works. This ordinance authorizes the issuance of individual wastewater discharge permits; providing for individual agreements for those existing users who are not within the city incorporated limits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.
B. Public Health Statement: It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the city, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep, and repair of the entire sewerage system which includes the sewer collection system and sewage disposal facilities of said city, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefitted by the sewerage system of the city, which system and facilities consist generally of pipelines, conduits, catch basins, manholes, clean outs, sewer mains, intercepting sewer, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewerage or sewage byproducts; to provide for industry cost recovery from all industrial users and to provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available. The public facility does not include the portion of sewer connecting a building to the sewer main, otherwise known as the lateral sewer line. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-4: DEFINITIONS:
All appropriate and applicable definitions as provided for in chapter 10-1
of this title are included in addition to the following terms and meanings. As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
EDU: | Equivalent dwelling unit. EDU will be the minimum unit assignment to any customer in any class. One (1) EDU is defined as 4,500 gallons of water use. |
LATERAL SEWER LINE: | The portion of a sewer connecting a building sewer to the sewer main. |
PRIVY: | An outdoor toilet located in a small shed outside a house or other building; an outhouse. |
POTW: | Publicly Owned Treatment Works. |
SEWAGE: | A combination of water carried waste from residences, business buildings, institutions and industrial establishments which contains polluted matter subject to pre-treatment or treatment. |
SEWAGE TREATMENT PLANT: | Any arrangement of ponds, devices, and structures used for treating sewage. |
SLUG: | Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. |
STORM SEWER OR STORM DRAIN: | A sewer which carries storm and surface or ground waters and drainage but excludes sewage and polluted wastes. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023) |
10-3-5: ELIGIBLE SERVICE:
B. Lands contiguous to the incorporated city limits shall first be annexed before sewer service is extended or expanded to those properties.
C. Expansion of service includes upsizing of service line(s), extension of water mains, additional sewer lateral taps or connections for a parcel of land or the addition of a new building.
D. Pursuant to section 10-1-6
, the City Administrator and/or City Engineer shall have final decision over whether a circumstance qualifies as an expansion of service. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-6: PROPERTY OF THE CITY:
A. All public sewer mains, pipelines, conduits, catch basins, manholes, clean outs, sewer interceptors and sewer outfalls, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewerage or sewage byproducts located in any street, alley or easement in the city shall belong to the city.
B. Lateral sewer lines, as defined herein, even within the public right-of-way, shall not be owned or maintained by the city and shall be owned and maintained by the property owner served by the line, including maintenance of the main service tap. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-7: INJURY TO SEWERAGE SYSTEM:
A. 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 sewerage system.
B. Any authorized work that results in damage to the public sewer shall be repaired to the satisfaction of the superintendent or city engineer, with the cost being borne by the applicant or authorized person. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-8: REQUIRED USE OF SEWERS:
A. Connection Required: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public sewer of said City, is hereby required to cease using any other method of disposing of sewage, waste or polluted water, at the owners expense, connect such building directly with the public sewer in accordance with the provisions of this Chapter. The owner or occupant shall complete this within thirty (30) days after date of official notice from the City; provided that said sewer is within two hundred feet (200') of any property line to be served or common property line in a multiple building development.
B. New Subdivisions: The developer of any new subdivision, at their expense, shall construct the necessary extensions of the public sewer system to provide public sewer facilities to each lot in the subdivision and where multiple buildings are anticipated on a future lot, the developer shall make sewer available to each building where warranted. These extensions of City's sewer system may include, but not be limited to, the installation of mains, manholes, lift stations, and other facilities for the treatment and disposal of sewerage or sewage byproducts.
C. Unlawful To Deposit: It shall be unlawful for any person to place or deposit in any unsanitary manner on 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 as described in section 10-3-8
of this chapter.
D. Privies, Septic Tanks Or Cesspools Prohibited: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage.
E. Permit Required: No unauthorized person shall uncover, make any connection with or opening into, use alter, or disturb any public sewer or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the city as provided for at section 10-3-14
of this chapter.
F. Adjacent Public Sewer For Each Lot: It shall be the position of the city that each lot be adjacent to a public sewer main. Where such a main does not exist at the time of plat or development, the landowner, property owner or developer may extend a public sewer main in accordance with applicable sections of this chapter. The City shall avoid approval of lateral sewer lines which cross private property through private easement, where practical.
G. Public Sewer Located In Public Right Of Way: It shall be the position of the city that any new public sewer system, identified as property of the city, be located, sited, placed, constructed and/or installed within a publicly owned right-of-way. Newly planned public sewer mains placed in private easements or on private property should not be allowed. Where a public sewer main is located within a private easement, the easement shall be no less than thirty feet (30') in width and provide the city with unencumbered public access to the facility to access, maintain, construction or repair the line. Any obstructions placed in said easement may be removed and not replaced by the city should access be required to maintain or operate the system. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-9: USE RESTRICTIONS; PROHIBITED DISCHARGES:
The use of the public sewers of the City shall be in accordance with the following regulations:
A. No person shall discharge or cause to be discharged from any connection any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or industrial process waters to any sanitary sewer.
B. Storm water and all other drainage shall only be discharged to storm sewers specifically designated for that purpose, or to a natural outlet approved by the City.
C. No person shall discharge or cause to be discharged any of the following described waters or wastes, or substances to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
2. Septic tank effluent.
3. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in the wastes as discharged to the public sewer.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) Fahrenheit (65° centigrade).
6. Any water or waste containing fats, wax, grease or oil, whether emulsified or not, in excess of one hundred (100) mg/I or containing substances which may solidify or become viscous at temperatures between 32° and 150° Fahrenheit (0° and 65° centigrade).
7. Any garbage that has not been properly shredded.
8. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
9. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting any excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City for such materials.
10. Any waters or wastes containing phenols or other taste or odor producing substances in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.
11. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State or Federal regulations.
12. Any waters or wastes having a pH less than 6.5 or higher than 9.0 or having any corrosive property capable of causing damage or hazard to sewer structures, equipment, personnel, or adversely affecting any sewer treatment process.
13. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulphate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual biological oxygen demand (BOD), chemical oxygen demand (COD) or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
14. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
15. Waters or wastes if it appears likely in the opinion of the City that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance.
D. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection 10-3-8
C of this Chapter, and which in the judgment of the City, may have a harmful effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may:
1. Reject the waste.
2. Require pretreatment to an acceptable condition for discharge to the public sewers in accordance with section 10-3-9
of this chapter.
3. Require control over the quantities and rates of discharge.
4. Require plans and specification for any pretreatment system proposed.
5. Require that owner/discharger enter into agreement with City with respect to installation, operation, and maintenance of any pretreatment system.
6. Charge the discharger for the actual cost of the additional operation and maintenance costs borne by the City, that may include the costs of the City hiring a third party to remove the waste material discharged.
In forming its opinion as to the acceptability of wastes, the City will consider such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.
E. When required by the City, the owner of any property serviced by sewer carrying industrial waste shall install a suitable control manhole together with such necessary meters and other appurtenances 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. The manhole shall be installed by the owner at their expense and shall be maintained by them to be safe and accessible at all times.
F. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by American Public Health Association, or by applicable EPA testing methods, and shall be determined at the control manhole provided or upon suitable samples taken at said 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
G. No statement contained in this Chapter 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.
H. Any property owner or sewer user violating the provisions of this Section shall, upon notice by the City, immediately install such pre-treatment as provided for in section 10-3-9
of this title. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-10: DEVELOPMENT OF ON SITE PRE-TREATMENT SYSTEMS AND PLANS:
A. Pre-Treatment Required: The city may require that pre-treatment and/or interceptor be installed where in the opinion of the City, they are necessary for the proper handling of liquid wastes containing oils, grease, sand, dirt, grit, rags, clothing, or any flammable wastes, or other constituents that may inhibit the flow, pumping, or treatment of waste streams.
B. Plan Required: A plan shall be submitted to address how the property or business will remove fats, oils, greases, sediment or other harmful discharge and maintenance frequency of the installed removal devices and structures.
C. Plan Requirements: The property owner, business owner or other presiding officer or a business, shall provide a written plan showing the actual location of any pretreatment devices and include the following minimum requirements. Prior to installation occurring, the plan shall be submitted to the City and approved by the City Sewer Superintendent and/or the City Engineer.
The plan shall include at a minimum the following:
1. Section and plan views of proposed treatment system that accurately shows the details of the system.
2. Pretreatment type.
3. Frequency of cleaning and required maintenance.
4. Other pertinent items as deemed necessary.
5. Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, or substances. Pretreatment or flow equalizing facilities shall be maintained continuously in satisfactory and effective operation by the owner at their expense.
D. Inspection Required: All interceptors shall be of a type and capacity approved by the City and shall be located readily and easily accessible for cleaning and inspection. These interceptors shall be adequately maintained and are subject to periodic inspection by the City. Any new interceptors installed shall be only done so in accordance and approval by the City. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-11: PUBLIC SEWER SYSTEM CONSTRUCTION OR EXTENSION:
10-3-12: SEWER LINES IN PLATTED SUBDIVISION:
A. All sewer lines shall be installed and accepted by the city or bonded in accordance with adopted or approved practices by the city before any final subdivision plat is accepted by the council. The final subdivision map shall provide for the dedication for public use of streets, easements, or rights of way in which public sewer lines are located.
B. Easements Or Rights Of Way: In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the council a proper easement or grant of right of way sufficient in law to allow the laying and maintenance of such extension or connection. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
A. Building sewers shall be maintained by the owner of the property served thereby.
B. Permit To Tap Sewer Main: No person shall construct a lateral sewer or make a connection with any public sewer without first obtaining a written permit from the city and paying all fees and connection charges.
C. Separate Lateral Sewers Required: No two (2) adjacent buildings, on separate parcels shall be permitted to join in the use of the same lateral sewer line. Every commercial building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. Individual sewer laterals shall not be connected to sewer pressure mains.
D. Construction Requirements And Specifications: Construction of building sewers and lateral sewers shall be in accordance with any standards and policies of the city as adopted by City Council, and also in conformance with the Uniform Plumbing Code as adopted by the Idaho Division of Building Safety.
E. Individual Sewer Lift Stations: In all buildings in which any sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by individual sewer lift pump. Sewer lifts shall only be allowed where lift systems pump into a gravity main and will not cause damage to adjacent properties or the public system. All sewer lift stations shall be approved by the sewer superintendent, in coordination with the city engineer.
F. Damage to system: Any damage to the public sewer as a result to connection, shall be repaired by the applicant or landowner, to the satisfaction of the city engineer and/or superintendent, with the cost borne by the applicant.
G. Lateral Connection To Main: All lateral sewer connections shall follow the following standards when installing or connecting to a city sewer main.
1. Safety Devices: All excavations for a sewer service lateral installation shall be adequately guarded with barricades or lights to protect the public from hazard.
2. Restoration Of Excavated Area: Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the city and the county or any other person having jurisdiction thereover.
3. All excavations within City rights-of-way require a city encroachment permit. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-14: SEWER RATES AND FEES:
A. Sewer Connection And Permit Application Fees:
1. A capitalization fee is required to be paid for each EDU, the fee is set forth on the official fee schedule of the city. The fee shall be paid to the city at the time the application is filed along with any other fees as set forth in the official fee schedule.
2. A permit fee, as established on the official fee schedule, shall be paid to the city at the time the application is filed.
3. A separate and independent city sewer service connection fee shall be paid for each connection or sewer tap.
B. Sewer User Rates: Sewer service charges are set forth by Council for each connection to the city sanitary sewage system based upon quantity flow of sewage into the system which shall provide revenue sufficient to pay the operation and maintenance, to repay bonded indebtedness and provide for the reserve fund for said system.
C. Annual Review Of Charges - Sewer Survey: The City Council shall annually review user charges and revise the same to reflect the actual treatment works operation and maintenance costs which shall provide revenue sufficient to pay the operation and maintenance, to repay bonded indebtedness and provide for the reserve fund for said system.
D. Billing For Service: The City shall bill for sewer service in accordance with the City's billing policy as adopted by Council.
E. Real Property Subject To Rates: All real property, with or without buildings, shall be subject to sewer rates, so long as a service pipe or capitalization rate has been established on the property. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023; Ord. 616, - - 2023)
10-3-15: ANNUAL REVIEW/SEWER STUDY:
A. Authority: The city shall have authority to perform a yearly analysis of its sewer usage and appropriately charge customers their proportionate share on the system. In doing so the city shall establish a number of equivalent dwelling units (EDU’s) assigned to each sewer customer so that a billing rate can be multiplied by the EDU's to derive the total monthly charge for each customer. The city shall also have authority to establish volumetric water usage value for non-residential customers, that is delivered to the City's wastewater treatment plant outside of typical irrigation months.
B. EDU Count: One (1) EDU shall be the minimum unit assignment to any customer in any class. Monthly sewer EDU's will be assigned as described below for each customer class listed. One (1) EDU is defined as 4,500 gallons of water use.
C. EDU Assignment:
1. Residential: Includes all single-family, duplex and multifamily residential structures. These assignments will be charged one (1) EDU per dwelling unit. Accessory dwelling units are considered separate dwelling units for the purposes of this chapter.
2. Commercial And Other: Including all other units not considered residential, duplex or multifamily, such as motels, hotels. and all other commercial establishments. EDU's for these entities will be based on water usage as described in subsection D of this chapter. Businesses that contain residential structures or units shall be considered commercial for the purposes of this chapter.
D. EDU Establishment: All customers listed in subsection C2 of this section shall be charged based the following EDU's method:
1. Based on the average water volume used within the months of November, December, January and February. The exact dates for usage for these months vary slightly based on billing cycles and timing of meters reads.
2. The average water use in gallons will be divided by 4,500, which is the number of gallons used to define one EDU, as shown in the following equation:
Average Water Use
EDU's = ________________________
4,500 Gallons
3. The resulting EDU number as formulated in subsection D2 of this section shall be used for sewer billings beginning in the month of May and will continue until the end of April of the following year.
E. Water Leaks:
1. If high water usage occurs during the months of November, December, January and February and is determined by the City to be caused by a leak that may or may not have entered the sewer system, the City may adjust the EDU value established for those customers whose rates are based on water volume. if the leak is repaired prior to the next cycle in which the sewer study is conducted.
a. If the City is unable to assign a base line EDU value because of a leak in the EDU establishment period (November through February) the City may look at data from other non-irrigation months to establish the customer's EDU number.
2. If high water usage occurs is not corrected prior to the survey study being completed, the city may cause EDU values to be established for those customers whose rates are based on volume to be in effect for the entirety of the survey period, per subsection D3 of this section.
3. Residential: Any residential customer which a water leak occurs and is determined by the City to enter the sewer system, shall be charged based on the number of EDU's calculated on water usage during the period that the leak occurs and continues. That shall remain in effect for the rate period established with subsection D3 of this section.
F. Customer Assignment: The city reserves the right to determine the type of customer receiving sanitary service and to classify the type of customer within the foregoing categories. In the event of a dispute relative to the type of customer receiving sewer service and accordingly the applicable sewer rate, the city's determination as to the type of customer shall be binding upon the customer in the absence of apparent error. A customer disputing the classification shall have the right to appeal the determination of the city by making a written request to the city council for a redetermination, the determination of the city council shall be likewise binding on the customer in the absence of apparent error.
G. Grievances: Any customer aggrieved by a decision made by City staff is entitled to an appeal pursuant to section 10-1-22
of this chapter. Any customer who does not timely file for appeal pursuant to this chapter shall cause the decision to be final. (Ord. 545, 12-16-2014; amd. Ord. 608, 6-6-2023)
10-3-16: UNABLE TO SERVE PUBLIC SEWER:
Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this chapter.
A. The type, capacities, location, and layout of a private sewage disposal system shall comply with all the rules and regulations and recommendations of the Idaho Panhandle Health District. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
B. At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter and any septic tank, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material. The cost for connecting to the City's sewer system will be borne by the owner of the property being connected.
C. The owners shall operate and maintain the private sewage disposal facility in a sanitary manner at all times and at no expense to the city.
D. Septic tank pumping shall not be deposited in any manhole, cleanout or sewer opening.
E. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the department of health and welfare of the state. (Ord. 602, - -2022; amd. Ord. 608, 6-6-2023)
10-3-17: VIOLATIONS, ENFORCEMENT, PENALTIES AND APPEALS:
Violations, enforcement, penalties and appeals shall follow such requirements as provided for in Chapter 10-1
of this Title. (Ord. 608, 6-6-2023)
10-4-1: WATER SHORTAGE POLICY:
Purpose: The council finds that it is essential for the health and safety of the public and property that the integrity of the water system be protected to maintain its continued availability to deliver water as necessary to protect the health and safety of the persons and property within the service area to establish procedures, authority, and criteria to allocate restricted or limited water supplies in times of emergency or shortage.
In the exercise of this authority, it shall be recognized that protecting the integrity of the system from damage or destruction is of primary importance to enable the city to continue, with minimal disruption, the delivery of water to the users as is necessary for the protection of the health and public safety of the persons or property within the city and served by the system. (Ord. 608, 6-6-2023)
10-4-2: AUTHORITY:
A. The mayor and council do, therefore, by the enactment hereof, establish an official policy for:
1. The protection of the water system from damage in times of emergency.
2. For the redirecting of the system's resources to the highest priority use in times of emergency.
3. For the establishment of priority uses in times when the demand for water service exceeds the capacity of the system to deliver water to the users served by the system; and
4. To grant authority to the mayor or, if unavailable, the president of the council, to establish an orderly system to ration or limit the delivery of water to users in the event of emergency or inability of the system to supply the expected demand for water. (Ord. 608, 6-6-2023)
10-4-3: POWERS OF SUPERINTENDENT AND/OR CITY ADMINISTRATOR:
A. In circumstances of emergency, the superintendent of water and sewer and/or city administrator may, without prior notice, immediately take such action as is necessary to:
1. Protect the system from further damage or harm; and/or
2. Prevent the system from causing damage or harm to persons or property; and/or
3. Limit and direct the system's capacity to deliver water both in sufficient quantity and at sufficient pressure to any portion of the system as they deem necessary to protect persons or property from events threatening their health and safety.
B. Shutoff Without Notice: This authority shall include the authority to summarily, without prior notice, shut off service to all or any portion of the system or any user without prior notice as they shall deem necessary or redirect the capacity of the system to deliver water to avoid or minimize the anticipated or occurring damage or hazard to the system and/or persons or property in the service area.
C. Report To Mayor And Council: The person exercising this emergency authorization shall, as promptly as reasonably possible, report these events and the action taken to the mayor or president of the council, who shall report such to the council at the next regular or special meeting of the council. (Ord. 608, 6-6-2023)
10-4-4: PROCEDURE IN EVENT OF SHORTAGE OR ANTICIPATED SHORTAGE:
A. Establish System For Rationing: In the event of a shortage or anticipated shortage of water, the superintendent of water and sewer and/or city administrator shall report the shortage or anticipated shortage to the mayor, or if he or she is unavailable, the president of the council, who is empowered to establish a system of rationing or limiting the delivery of water to the users.
B. Use Priorities: In establishing such system of rationing, priority shall be given to the use of water for the following purposes stated in order of descending priority:
1. Sufficient reserves for emergency use and emergency facility, i.e., firefighting, fire stations hospitals, nursing homes, etc.
2. Residential inside building use and residential outside potable and sanitary uses.
3. Commercial inside building use and commercial outside for potable and sanitary uses.
4. Industrial inside building use and industrial outside potable and sanitary use.
5. Commercial outside non-potable and non-sanitary uses.
6. Residential outside non-potable and non-sanitary use.
7. Industrial outside non-potable and non-sanitary uses.
The system of rationing may either restrict or limit lower priority uses in favor of higher priority uses or rationing may be applied to more than one class of users to permit continued but reduced usage by several levels of priority uses. Any rationing system may provide that a class of use may be restricted to use on certain days of the week, times of the day, or quantities of water as may be determined to be fair and equitable and in consideration of the use priorities herein established. (Ord. 608, 6-6-2023)
10-4-5: CLASSES OF SERVICE:
Because of the potential for larger diameter service connections to draw a disproportionate quantity of water from the system each diameter size of service connection shall constitute a separate class of service connection and the larger service connection may be shut off or otherwise restricted to limit or stop the flow of water to ensure adequate quantity and pressure is maintained to users with smaller diameter connections applying the water to uses of an equal or higher priority. (Ord. 608, 6-6-2023)
10-4-6: NOTICE OF SYSTEM LIMITATIONS:
Notice of the system for limitation or rationing of service shall be given as follows:
A. Oral Written Notice: If the restriction affects less than twelve (12) service connections oral notice shall be followed by written notice hand delivered or mailed to the person or organization shown by the city's billing records as responsible for payment for the service within forty-eight (48) hours.
B. Publication Of Notice: Restrictions applicable to more than twelve (12) users or if twelve (12) or less users and when actual notice is not practical shall be published in the following manner:
1. Radio: Notice given not less than twice per day for not less than one week on the commercial radio station operated in Boundary County, Idaho; and
2. Publication: Publication in the official newspaper once a week for three (3) consecutive weeks; and
3. Posting: Posting in a public location at the Bonners Ferry city hall. No posting or notice shall be required to continue beyond the termination of the rationing. (Ord. 608, 6-6-2023)
10-4-7: COUNCIL ACTION:
A. The mayor or president of the council establishing a system to allocate water in times of shortage shall report such action to the council at its next special or regular meeting. After considering the facts, the council shall, by resolution, take action either:
1. Terminating the rationing system; or
2. Continue the rationing system as established; or
3. Continue the rationing system with modification to the policy as established by the mayor or president of the city council.
B. Failure of the council to take such action shall result in automatic termination of the policy of rationing. A modification or termination by vote or inaction of the council shall not bar the mayor or president of the council, upon a finding of additional facts and circumstances, from again exercising their authority to again establish a system of rationing following such meeting of the council. (Ord. 608, 6-6-2023)
10-4-8: VIOLATIONS:
A. Misdemeanor: A violation of a system of water rationing in time of shortage as declared under the authority of this section will constitute a misdemeanor and punishable as a violation of city ordinance; and
B. Termination Of Service: The superintendent of water and sewer and/or the city administrator may direct service be immediately terminated or restricted to the user through its service outlet where the violation occurs. A user whose service has been so terminated or restricted shall not have service restored until he comes before the council, who shall hear the facts as to why service was terminated and what the customer's defense to the accusation is. The council may continue the termination or restore service upon such terms and conditions as they deem appropriate, including:
1. Reimbursement to the city for shutoff and reconnect fees and costs.
2. Requirements to provide, at customer's expense, assurance against further violations, including, but not limited to:
a. Posting of a bond.
b. Installation, at customer's expense, of equipment to restrict or shut off and lock out service or downsize the service connection to the customer. (Ord. 608, 6-6-2023)
10-4-9: INDEPENDENT WATER DISTRICT OR ASSOCIATION:
Any independent water district or association purchasing water from the city for redistribution to its members or persons within its service area shall, in addition to its duties under its contract with the city, the right of such district or association shall and its individual customers and users shall be subject to the provision of this policy. (Ord. 445, 5-18-1999; amd. Ord. 608, 6-6-2023)
10-5-1: DEFINITIONS:
Terms used in this chapter shall have the meanings herein given to them:
CITY ENGINEER: The engineer for and of the city of Bonners Ferry or his duly authorized representative.
DISTRIBUTION SYSTEM: Any system of mains, pipes, service lines, regulators, meters, fixtures, connections and attachments used in the distribution of gas.
GAS: Natural, manufactured or mixed gas suitable for domestic or industrial fuel.
PERMITTEE: Any person holding a franchise to distribute gas in the city of Bonners Ferry, Idaho.
PERSON: Every person, firm, corporation or association.
PUBLIC PROPERTIES: Any street, alley, roadway, sidewalk, viaduct, highway, bridge, park drive or public ground open as a matter of right to public travel under the jurisdiction of the city.
SERVICE LINE: A pipe, regulator and meter which conveys gas from a main or other distribution or transmission line to and on a customer's premises.
TRANSMISSION SYSTEM: A system of pipelines installed to transmit gas from a source or sources of supply to one or more distribution centers or a pipe installed to interconnect sources of supply. (1959 Code § 4-7-1)
10-5-2: CONSTRUCTION, OPERATION, MAINTENANCE AND SAFETY STANDARDS:
A. Adopted: The rules and regulations pertaining to matters of public safety in the "Construction and Operations of Facilities for the Transmission and Distribution of Gas of the Public Service Commission of the State of Idaho", general order No. 31.C.21 adopted October 23, 1991, and the provisions of U.S. department of transportation, part 192 of pipeline safety regulations, on file in the office of the clerk, are each hereby adopted by reference as standards for gas installation in the city; provided, that in the event of any of the provisions of said rules and regulations or said DOT regulations should conflict with any of the provisions of this chapter, this chapter and the state rules and regulations shall govern and be observed. In general, the most stringent code will prevail.
B. Amendments; Additions: All amendments and additions to said rules and regulations and said DOT code, when printed, shall thereupon become amendments and additions thereto if not in conflict with the provisions of this chapter. Amendments shall be filed with the city clerk. (1959 Code § 4-7-2)
10-5-3: INSPECTION:
All construction of gas service piping, gas distribution or transmission system shall be inspected by the permittee or any inspector for the permittee. (1959 Code § 4-7-3)
10-5-4: TESTING OF PIPING ON CONSTRUCTION:
Before any newly constructed gas service piping, gas distribution or transmission system is placed in service, it shall be tested by the permittee in conformity with the codes adopted by this chapter. (1959 Code § 4-7-4)
10-5-5: CONNECTIONS TO STEEL MAINS:
Service lines shall not be connected to steel mains by means of a clamp or saddle type service connection, except by special permission of the city. (1959 Code § 4-7-5)
10-5-6: LOCATION OF SERVICE SHUTOFFS:
Service shutoffs shall be installed on all new services, including replacements, at the curb or property line for each service, or at an easily accessible place on the outside of the building served. If the latter method is used, such service shall not enter a building directly without coming aboveground. (1959 Code § 4-7-6)
10-5-7: LOCATION OF UTILITIES:
A. Location: All gas mains shall be laid in alleys or easements whenever possible, or at locations generally on the south and west sides of streets and alleys approved by the city engineer.
B. Lateral Clearance: Mains shall have a lateral clearance of not less that three feet (3') from other utility mains that exceed three foot (3') bury and one foot (1') when less than three foot (3') bury; providing, that under exceptional circumstances the city may authorize less clearance.
C. Vertical Clearance: Mains shall have a vertical clearance of twelve inches (12") when crossing another pipe.
D. Cover: Mains shall be laid with a cover not less than thirty inches (30"). Where the trench is in rock, the cover may be twenty four inches (24") if the main is properly cushioned as required in section 10-5-9 of this chapter. In the event interference with other subsurface utilities makes it impractical to maintain the above depths, the city may permit gas pipelines and mains to be constructed so as to avoid such subsurface utilities. If verbal approval is given by the city, the gas utility will provide a gas engineering design report within thirty (30) days of verbal approval.
E. Minimum Depth: Minimum depth of service lines shall be twelve inches (12") at the service terminal and shall normally slope to required depth at the main, but not less than twenty four inches (24") everywhere within public ways. (1959 Code § 4-7-7)
10-5-8: PROTECTION AND REMOVAL OF UTILITIES:
A. Existing Underground Utilities: The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage.
B. Responsibility For Damages: The permittee shall be responsible for any damage done, if not located properly, to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit or other utility. The permittee shall not interfere with any existing utility without the written consent of the city engineer and the utility involved.
C. Support; Protection: The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the construction or maintenance work, and do everything necessary to support, sustain and protect the same under, over, along or across said work. In case any of the said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the authorities having control of the same and the expense of such repairs shall be charged to the permittee.
D. Moving Existing Utility: If it should be necessary to move an existing utility, the work shall be done by the owner of such utility. Whenever the permittee's utility interferes with the actual construction of any public improvement, such utility shall be moved by the permittee. No utility, either publicly or privately owned, shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. (1959 Code § 4-7-8)
10-5-9: TRENCHES:
A. Excavation: Trenches shall not be excavated more than three hundred feet (300') in advance of pipe laying, nor left unfilled for more than seven hundred feet (700') where pipe has been laid, except by special permission from the city engineer. The length of the trench that may be opened at any time shall not be greater than the length of pipe and the necessary accessories which are available to the site ready to be put in place.
B. Completed Trench: The completed trench shall be kept not less than thirty feet (30') ahead of the pipe layers. Trenches shall be at least six inches (6") wider on each side or a total width of twelve inches (12") more than the exterior diameter of the pipe, except where pipes are four inches (4") or less in diameter. Where excavation is made in rock, a minimum of six inches (6") of noncorrosive soil, sands or fine existing spoils shall be used as a padding beneath the pipe and an additional six inches (6") above the pipe.
C. Manholes And Other Structures: Excavation for manholes and other structures shall be sufficient to leave at least twelve inches (12") between their outer surfaces and the sides of the excavation. (1959 Code § 4-7-9)
10-5-10: WATER IN TRENCHES:
The permittee shall pump, bail or otherwise remove any water which accumulates in trenches. Water shall not be permitted in trenches at any time during construction nor until backfilling over the top of pipe has been completed. The ground water level in trenches shall not be permitted to rise above an elevation of six inches (6") below the pipe. The permittee shall perform all work necessary to keep the trenches clear of water while the foundation and the masonry are being constructed or the pipe laid. (1959 Code § 4-7-10)
10-5-11: BREAKING THROUGH PAVEMENT:
Whenever it is necessary to break through existing pavement for the purpose of constructing gas service facilities, the pavement and the base shall be removed to at least six inches (6") beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six inch (6") shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical and straight. (1959 Code § 4-7-11)
10-5-12: TUNNELS:
Tunnels under pavement shall not be permitted except by permission of the city engineer. Permittee shall assure that all boring is conducted in a manner to assure proper compactions are provided and no settlement of tunnel or sending of receiving holes occurs. (1959 Code § 4-7-12)
10-5-13: BACKFILLING:
Backfilling and compacting in all public streets and improved areas, both public and private, shall be completed to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tampers or vibrators, or by rolling in layers as required by the soil in question. (1959 Code § 4-7-13)
10-5-14: DRY BACKFILLING:
Backfilling up the first eighteen inches (18") above the top of utility pipes or similar installations shall be done with thin layers, each layer to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed four inches (4") in thickness, layers that are power tamped shall not exceed six inches (6") in thickness. These same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. (1959 Code § 4-7-14)
10-5-15: PROTECTION OF PROPERTY:
A. Protection Required: The permittee shall, at its own expense, shore up and protect all buildings, walls, fences of other property likely to be damaged during the progress of the construction or maintenance work and shall be responsible for all damage to public or private property. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled, or the area restored as neatly as possible to its original condition.
B. Removal Of Trees Or Shrubs: Permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public parks, the city engineer. (1959 Code § 4-7-15)
10-5-16: PRESERVATION OF MONUMENTS:
The permittee shall not disturb any surface monuments, hubs or pins found on the line of the improvements unless authorized by the city engineer. (1959 Code § 4-7-16)
10-5-17: DAMAGE TO EXISTING IMPROVEMENTS:
All damage done to existing improvements during the progress of construction or maintenance work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer may cause said necessary labor and materials to be furnished by other parties and the cost thereof charged against permittee. (1959 Code § 4-7-17)
10-5-18: PROPERTY LINES AND EASEMENTS:
Property lines and limits of easements shall be indicated on the plans and shall be the permittee's responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. (1959 Code § 4-7-18)
10-5-19: CARE OF EXCAVATED MATERIAL:
All material excavated from trenches and piled adjacent to the trench, or in highways, shall be piled and maintained in a safe and orderly manner. When the confines of the area through which the gas pipes are to be laid are too narrow to permit the piling of excavated material beside the trench, it may be necessary for the permittee to haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required. (1959 Code § 4-7-19)
10-5-20: INTERFERENCE WITH OTHER SERVICES:
The work shall be conducted so as not to interfere with access to fire stations and fire hydrants. Material or obstructions shall be placed within fifteen feet (15') of fire hydrants. Obstructions shall not be allowed to interfere with other emergency services' reasonable public/private access. (1959 Code § 4-7-20)
10-5-21: PROVISION FOR WATERCOURSES:
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make final provisions for them as the city engineer may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, mud, silt or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage from its failure so to provide. (1959 Code § 4-7-21)
10-5-22: ROUTING AND MAINTENANCE OF TRAFFIC DURING CONSTRUCTION:
A. Maintaining Traffic; Closing: During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public; provided, that the city engineer may permit the closing of public properties to all traffic for a designated period of time, if, in his/her opinion it is necessary. Before any public property may be closed or restricted to traffic the permittee must obtain the approval of the city engineer and notify the chief of the fire department and the chief of the police department. The permittee shall route and control all traffic, including its own vehicles, as directed by the chief of the police department. Upon completion of construction work, the chief of the police department and the chief of the fire department shall again be notified before traffic is returned to its normal route.
B. Through Traffic; Detour: Through traffic shall be maintained without detours if possible. When it is necessary to construct a detour, the permittee shall construct same at its expense in accordance with industry standards for operations, subject to the city engineer's approval. The permittee will be responsible for any unnecessary damage caused to any public properties by the operation of its equipment.
C. Barriers; Crossings: The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to minimize encroachment upon highways. It shall construct and maintain adequate and safe crossing over excavation and across highways during construction to accommodate vehicular and pedestrian traffic at all intersections, subject to the city engineer's approval. Pedestrian crossings shall consist of approved method. (1959 Code § 4-7-22)
10-5-23: INSURANCE:
The permittee shall have and maintain in force bodily injury and property damage insurance with limits at a minimum of one million dollars ($1,000,000.00). If the permittee has an established self-insured program of at least one million dollars ($1,000,000.00), verification of such a program will be an acceptable substitute to the insurance requirement. Permittee by working under this chapter does thereby indemnify and hold harmless the city against all actions, claims and suits. (1959 Code § 4-7-23)
10-5-24: PLANS FOR CONSTRUCTION:
Plans for construction and other work in public ways shall be provided in advance through completion and submittal of the city excavation permit application 1 . Excavation shall not begin until same excavation permit has been issued. (1959 Code § 4-7-24)