City Code regulations and requirements related to the installation of utility lines underground are stated in Section 18-694(e).

(Code 1975, § 64-1; Ord. No. 511, 9-11-72; Ord. No. 2501, § 3, 6-8-98; Ord. No. 3165, § 9, 4-12-11; Ord. No. 3745, § 54, 8-26-25)

Excepted from the requirements of Section 74-26 shall be the following:

(1)

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground and streetlight facilities when placed aboveground within the utility easement provided therefor or within the street or other public place as appropriate.

(2)

All facilities reasonably necessary to connect underground facilities to existing or permitted overhead or aboveground facilities.

(3)

Overhead electric transmission and distribution feeder lines and overhead communication long distance, trunk and feeder lines, existing or new.

(4)

Existing utility facilities used or useful in serving the subdivision.

(5)

Development of a limited extent in developed areas where overhead service exists, provided that a permit is obtained from the planning director. The permit shall only be issued in those cases where the new service cannot reasonably be placed underground.

(6)

Aboveground facilities necessary for temporary service ancillary to ongoing construction or development prior to permanent installation of underground facilities, subject to removal upon discontinuance of service or installation of permanent facilities or upon 60 days' notice as determined by the building and code compliance sector director. In no event shall such aboveground facilities be permitted to remain longer than one year.

(Code 1975, § 64-2; Ord. No. 511, 9-11-72; Ord. No. 1455, 6-24-85; Ord. No. 2656, §§ 41, 43, 2-12-01; Ord. No. 2663, § 41, 4-23-01)

The developer shall be responsible for complying with the requirements of this article, and the developer shall make the necessary arrangements, including payment for any construction or installation charges, with each of the serving utilities for the installation of such facilities and shall present evidence prior to final approval of any plat that necessary arrangements have been made with each of the serving utilities for the installation of facilities in compliance with this article.

(Code 1975, § 64-3; Ord. No. 511, 9-11-72)

The city council recognizes that the wise use of water resources is in the best interest of the public health, safety and welfare of every citizen and property owner. The welfare of the city and its inhabitants requires a stable water supply, not only for them, but also for that part of the adjacent area dependent on the city for a water supply. The city desires to prudently use its water resources at all times for the benefit of current and future customers. Because the supply of water can be impacted by factors that are outside the control of the city, such as the weather conditions and snowpack, the city desires to promote the prudent use of water at all times. The city also desires to provide for the health, safety and welfare needs of the city's customers in times of drought conditions through the adoption of this policy and the authority of this article.

(Ord. No. 2725, § 1, 8-27-02)

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

Building means any edifice for a use or occupancy permitted by the city.

Customer means the person shown on city records as being responsible for payment on the water and/or sewer account and/or for solid waste collection services for an identified property. The customer can be the owner and/or any person who is authorized to occupy the property.

Deputy city manager means the deputy city manager—infrastructure department or the deputy city manager's duly authorized representative.

Drought management plan means the City of Thornton drought management plan adopted by city council as amended from time to time.

Drought stage means the description of water use restriction measures, as provided in the drought management plan, to be considered in development of rules and regulations for curtailment, restriction or prohibition of water uses in response to drought or low water supply conditions of varied severity.

Infrastructure department means the utility managed by the deputy city manager through which municipal water and sewer systems are operated under the direction of the utilities director.

Infrastructure department representative means the duly authorized representative or designee of the deputy city manager.

Owner means the fee owner of real property as shown on county property records which is provided water, sewer and/or solid waste service by the City of Thornton.

Permit means permission by the deputy city manager to use water service for the purpose specified, including permits for exemption to any rule and regulation that may be approved by the utilities director in response to a declared drought stage.

Property means the real property upon which a building exists and is served by the city water, sewer system, and/or solid waste collection.

Rules and regulations means the rules and regulations promulgated by the utilities director to implement the drought management plan.

Storm drain, storm sewer means a drain or sewer for conveying surface waters, groundwater, subsurface water or water from any source other than sanitary sewer.

Turf means a defined area of cultivated grass.

Utilities director means the city manager.

Water conservation plan means the City of Thornton water conservation plan adopted by city council as amended from time to time.

Water leak means water that intermittently or constantly escapes from any damaged, broken, or malfunctioning plumbing, pipe, water meter connections, or irrigation system.

Water system means all devices used in the collection and distribution of water for all beneficial uses, including systems of raw and clear water in reservoirs, deep and shallow wells, pumping, gauging or metering stations, inlets, tunnels, flumes, conduits, canals, transmission and distribution lines, hydrants, meters, all extensions, improvements, water rights, the use of water, irrigation ditch stock and all other equipment related thereto, together with all real property, rights-of-way, easements and all building structures and improvements of the city used or that are useful in the ownership and operation of the water system.

Water use means any water supplied by the city from the potable water system to a consumer's water system.

Water waste means the intentional or unintentional excessive use of water. Excessive use shall mean use that is not considered reasonable, prudent or a wise use of water for an authorized purpose, and includes, by way of illustration, but is not limited to:

(a)

Allowing water to be applied in any manner, rate or quantity such that the runoff from the landscaped area being watered is allowed to pool or flow across the ground or into any drainage way, such as gutters, streets, alleys or storm drains. Incidental runoff from an irrigation system operated in a reasonable and prudent manner is excepted.

(Ord. No. 2725, § 1, 8-27-02; Ord. No. 2773, § 1, 5-13-03; Ord. No. 2864, § 1, 11-23-04; Ord. No. 3580, § 1, 4-13-21)

(a)

Generally. The City of Thornton encourages and promotes prudent use of the city's water resources at all times. The city will make available to the citizens and customers of the city's water supply system information on water conserving practices as identified in the city's water conservation plan, as amended from time to time. In the case of a declared drought stage, the city will provide information on the severity of the drought and the actions or measures the city is taking in response to the drought. The city will provide, by a means determined to be appropriate by the utilities director, information on any restrictions, curtailments, or prohibitions included in rules and regulations approved by the utilities director.

(b)

Water use rules. The following water use rules shall be followed:

(1)

Outdoor irrigation rules. Unless a drought stage has been declared by the city council pursuant to Section 74-59, in which case the rules and regulations promulgated by the utilities director thereunder shall be in effect, the following outdoor irrigation rules shall apply April 1 through October 31 of each year:

a.

Turf. Turf may be watered not more than three days per week, selected at the customer's discretion. Turf shall not be watered between 10:00 a.m. and 6:00 p.m., except for very short periods of time to adjust or repair an irrigation system.

b.

Turf seed or sod. Newly planted turf seed or sod may be watered as needed and appropriate for up to 21 days for sod and 28 days for seed. Thereafter, the turf irrigation schedule provided in subparagraph a. of this paragraph shall be followed.

c.

Large turf areas. Notwithstanding the turf irrigation schedule provided in subparagraph a. of this paragraph, large areas of turf located on school property, homeowners' association property, city maintained public areas, public parks, recreational fields, golf courses, and other similar properties with large areas of turf may be irrigated as needed and appropriate, provided that best practices that meet the city's water saving goals are used.

d.

Trees, shrubs, bushes, flowers, and vegetable gardens. Trees, shrubs, bushes, perennial beds, annual flowers, and vegetable gardens may be watered as needed and appropriate using deep root, drip, or hand irrigation.

(2)

Water leaks. Plumbing, pipes, water meter connections, and irrigation systems shall be maintained and operated free of water leaks. Upon the issuance of a notice of violation pursuant to Section 74-60(b), a water leak shall be shut off or repaired by the customer as soon as is practicable but in no event more than 10 days from the date of the notice. Any water leak that continues beyond this 10-day period is hereby declared to be a public nuisance.

(3)

Water waste. No customer or owner shall commit water waste. Upon the issuance of a notice of violation pursuant to Section 74-60(b), water waste shall be remedied as soon as is practicable but in no event more than 10 days from the date of the notice. Any water waste that continues beyond this 10-day period is hereby declared to be a public nuisance.

(Ord. No. 2725, § 1, 8-27-02; Ord. No. 3580, § 2, 4-13-21)

The city shall from time to time determine the amount of available potable water supply for use in the city water system and shall determine the expected demands for water by all the customers of the city water system for any given period of time. In the event that the city shall determine at any given time that there are insufficient potable water supplies to meet all of the present and anticipated projected needs, the city council shall declare by resolution a drought stage as identified in the City of Thornton drought management plan, as may be amended from time to time. By declaration of a drought stage, the city council thereby authorizes curtailment, restriction or prohibition of water use as appropriate to address the drought stage. The utilities director shall promulgate rules and regulations to implement the drought management plan as appropriate to address the drought stage declared by city council. Such rules and regulations may include exemptions, as deemed appropriate by the utilities director, and shall be described in the rules and regulations.

(Ord. No. 2725, § 1, 8-27-02)

(a)

Violations. Any person or water customer or user of the city that violates any curtailment, restriction, prohibition, or duty relating to the use of water prescribed pursuant to Section 74-58(b) or 74-59 shall be in violation of this Article III.

(b)

Notice of violation. Written notice of a violation will be personally served, posted on a structure on the property, or mailed by certified or regular mail to the customer and the owner of the property, if different from the customer, upon the failure to comply with a written warning issued in accordance with paragraph (d)(1) of this section. The notice shall advise the customer or owner of the right to a hearing under subsection (c) of this section and that if payment of the penalty imposed under paragraph (d)(2) of this section, if any, is not received by the city or a hearing requested within 10 days of the date of the notice, the penalty shall be placed on the next regular water utility bill. A notice of violation regarding a water leak or water waste shall further advise the customer or owner that upon the failure to correct the violation within 10 days after the date of the notice, the city may, without further notice unless otherwise required by law, correct or cause to be corrected the violation and assess any charges thereby incurred in accordance with subsection (g) of this section.

(c)

Request for hearing. The customer or owner of the property notified of a violation, or any agent of the owner authorized in writing by the owner, may file a written request for a hearing objecting to the factual basis for the alleged violation with the infrastructure department within 10 days from the date of the notice. The request must identify the notice being appealed by attaching a copy or otherwise identifying it, and shall contain the name, time, and telephone number of the person to whom notice of the date, time, and place of the hearing should be given. Filing occurs when the infrastructure department receives the request. The hearing shall be an administrative hearing conducted before a hearing officer appointed by the city manager. The city bears the burden of establishing the factual basis for the alleged violation by a preponderance of the evidence, and if that basis is established the hearing officer shall affirm the violation and order the penalty, if one was imposed, and the costs of the hearing be paid within 10 days, and the collection procedures of this chapter shall apply if not paid within that time. Failure to request a hearing within the time provided constitutes a waiver of the right to such hearing. Failure to attend a scheduled hearing constitutes a waiver of any right to present evidence and the hearing officer shall make a determination of all issues then existing as supporting the factual basis for the alleged violation and issue an order within 15 days from the date of the hearing. The order shall be mailed by first class delivery to the customer and the owner.

(d)

Penalties. Any person or water customer or permit user or user of the city that violates this article shall be subject to the following penalties:

(1)

Before a first notice of violation may be issued pursuant to subsection (b) of this section, the water customer and the owner shall be issued a written warning that provides a reasonable time, as solely determined by the deputy city manager, to correct the violation described in the warning and advises that a notice of violation will be issued in accordance with subsection (b) of this section in the event of non-compliance.

(2)

Unless a notice of violation does not impose any penalties, the following penalties shall be due, payable and collectible from any person, customer, or owner of the property pursuant to the provisions of this chapter within 10 days of the date of a notice of violation issued pursuant to subsection (b) of this section, based upon the water use rules provided in Section 74-58(b) or declared drought stage:

Single Family, Duplex, Manufactured Home, and Multifamily Individually Meter Water Accounts

Commercial, Multifamily Master Meter, and Irrigation Water Accounts

(3)

Unless a notice of violation does not impose any penalties, the following penalties shall be due, payable and collectible for any water construction permit customer pursuant to the provisions of this chapter within 10 days of the date of notice, based upon the water use rules provided in Section 74-58(b) or declared drought stage:

(e)

Determining number of violations. For the purposes of this section, determination of the number of violations will be attributed to a customer or owner for a property on which violations have occurred.

(f)

Costs. In addition to any other penalties or remedies imposed for a violation of this article, the city may recover any and all costs associated with enforcement including, but not limited to, costs of collection, expert witness fees, reasonable attorney fees and reasonable hearing officer fees.

(g)

Correction of a water leak or water waste violation; assessment. In addition to or in lieu of imposing the penalties prescribed in paragraph (d)(2) of this section, the deputy city manager may, upon the failure to correct a water leak or water waste violation within 10 days from the date of the notice of violation, take lawful and appropriate action to correct or cause to be corrected the violation without further notice unless otherwise required by law. Any such action shall be charged against the affected property and shall be a lien upon such property. Assessment of such charges shall be in accordance with Section 38-453(b).

(Ord. No. 2725, § 1, 8-27-02; Ord. No. 2773, § 2, 5-13-03; Ord. No. 3024, §§ 1, 2, 2-12-08; Ord. No. 3580, § 3, 4-13-21)

Regardless of the occupancy of a premises served by the city water system, the owner thereof shall be responsible for the payment of all water service penalties or charges arising out of provision of such service to the owner's premises or under any permit issued to the owner's premises. Such penalties and charges shall constitute a perpetual and continuing lien upon the property until such penalties and charges have been paid in full.

(Ord. No. 2725, § 1, 8-27-02)

Editor's note— Ordinance No. 2773, § 3, adopted May 13, 2003 repealed § 74-62 in its entirety. Formerly, such section pertained to notice; suspension of service; penalties and derived from Ord. No. 2725, § 1, 8-27-02.

After three notices of violation have been served upon a customer or property owner for violation of any of the provisions of Section 74-60(a) within any 12-month period, or one violation if the customer or property owner expresses an intent to ignore the provisions of Section 74-60(a) by immediate and continued violations, in addition to or in lieu of a further notice of a violation, the city may suspend water service to the premises or install a water flow restrictor on the water meter after serving notice of suspension and an opportunity for an administrative hearing as provided herein. The customer or owner of the property notified of a suspension of service, or any agent of the owner authorized in writing by the owner, may file a written request for a hearing regarding the factual basis for suspending water service with the infrastructure department within ten days of the date of the notice. The request must identify the notice being appealed by attaching a copy or otherwise identifying it, and shall contain the name, time, and telephone number of the person to whom notice of the date, time, and place of the hearing should be given. Filing occurs when the infrastructure department receives the request. The hearing shall be an administrative hearing before a hearing officer appointed by the city manager. The city bears the burden of establishing the factual basis for suspending water service by a preponderance of the evidence, and if the hearing officer finds the suspension was valid the hearing officer shall uphold the order of suspension or hold a threatened suspension in abeyance if the owner presents a plan acceptable to the city to prevent further violations and may impose administrative costs of the hearing including, but not limited to, costs of collection, expert witness fees, reasonable attorney fees and reasonable hearing officer fees. Failure to request a hearing within the time provided constitutes a waiver of the right to such hearing. Failure to attend a scheduled hearing constitutes a waiver of any right to present evidence and the hearing officer shall make a determination of all issues then existing as supporting the factual basis for suspending service, and issue an order 15 days from the date of the hearing. The order shall be mailed by first class delivery to the customer and the owner.

(Ord. No. 2725, § 1, 8-27-02; Ord. No. 2773, § 4, 5-13-03; Ord. No. 3024, § 3, 2-12-08)

(a)

Denial of permit. Any appeal from the decision of the infrastructure department representative with respect to a denial of permit shall be submitted in writing to the deputy city manager within ten days from the date of the representative's decision. Such an appeal shall set forth, with particularity, the grounds therefore. The deputy city manager shall review the proceedings before the designated representative and, within 15 days after receipt of appeal, shall enter a written ruling based thereon, a copy of which ruling shall be sent by certified mail to the customer. In the event that the decision is adverse to the customer, all administrative recourse in connection with the suspension of service shall be deemed to have been exhausted, and the customer may thereupon pursue such further remedy as is chosen by the customer.

(Ord. No. 2725, § 1, 8-27-02; Ord. No. 2773, § 5, 5-13-03)

In order to enable the city to provide an adequate supply of water to its inhabitants and those users under the city system, any restrictions, curtailments or prohibitions contemplated pursuant to Section 74-59 will be uniformly applied to all water users from the city system. During any declared drought stage 1, 2, or 3, the utilities director is authorized to supersede any contractual obligation of the city that requires installation of landscaping in public or private areas, including those requirements identified in developer's agreements and Development Plans, through any reasonable and prudent measure that would extend, replace, modify or cancel such requirements.

(Ord. No. 2725, § 1, 8-27-02; Ord. No. 3580, § 4, 4-13-21; Ord. No. 3745, § 55, 8-26-25)

The city council declares and determines that it is to the best interests of the public peace, safety, welfare, convenience and administration of the government of the city and the welfare of its inhabitants and all users of the water and sewer system that rules and regulations be adopted for the operation and maintenance of the water system and the sewer system of the city, both within and without the city. This article shall apply both within and outside of the city limits.

(Code 1975, § 40-3; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 2, 2-28-94)

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

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

Approval authority means the utilities director or the director's designee.

ASTM means the American Society for Testing and Materials.

Authorized representative of industrial user means any representative that meets the signatory requirements as set forth in 40 CFR 403.12. An authorized representative of an industrial user may be a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designated in this definition if such representative is responsible for the overall operation of the facilities from which the wastewater discharge originates.

Auxiliary water supply means any water supply on or available to the premises other than the city's potable water supply. The auxiliary waters may include water from another water utility's public potable water supply or any natural source, such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the city does not have sanitary control.

Backflow means the flow of water or other liquids into the distributing pipes of a potable water supply system from any source other than its intended source.

Backflow prevention device means a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled "AWWA C506-78, Standards for Reduced Pressure Principle and Double Check Valve Backflow and Prevention Devices," and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California.

Backsiphonage means the flow of water or liquids into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter.

Building means any edifice for a use permitted by the city.

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

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

Categorical standards means national categorical pretreatment standards or pretreatment standards.

CFR means Code of Federal Regulations, as amended from time to time.

Chemical oxygen demand (COD) means a determination providing a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. It is used as a parameter for stream and industrial waste studies in control of waste treatment plants.

Commercial service means service to and for facilities not of a single-family or duplex household variety that includes but is not limited to apartments, nonindividually metered condominiums, townhouses and mobile homes, churches, laundromats, restaurants, cafeterias, schools, motels, warehouses, office buildings, auto washes, garages, and service stations containing wash bays, testing and experimental laboratories not in the industrial service class, and any mixed uses containing any of the preceding examples. The determination of the service classification shall be made by the utilities director or designee.

Condominium means a form of ownership of real property; ownership in fee simple of a cubic air space including only interior surfaces; and undivided ownership share, in common with other purchasers, of the common elements of the project including the land and its appurtenances.

Contamination means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.

Control manhole or point means a structure that is accessible for the purpose of monitoring and testing the flow through a building sewer. It also may be used as an inspection chamber.

Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Cross connection means any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which or because of which backflow or backsiphonage may occur into the city water system. A water service connection between the city potable water distribution system and a customer's water distribution system which is cross connected to a contaminated supply or auxiliary water system constitutes one type of cross connection. Other types of cross connections include connectors such as swing connectors, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices, sliding multiport tube, solid connections, etc.

Cross connection control by containment means the installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross connections within the customer's water system; or it shall mean the installation of an approved backflow device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of cross connection.

Cross connection, controlled means a connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.

Domestic service means service to and for facilities for human comfort and convenience of normal household varieties.

Domestic waste means all wastewater originating from a house or place of residence.

Double check-valve assembly means an assembly of two independently operating approved check-valves with tightly closing shutoff valves on each side of the check-valves, plus properly located test cocks for the testing of each valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing agency for backflow prevention devices. To be approved these devices must be readily accessible for in-line maintenance and testing.

Easement means an acquired legal right for the specific use of land owned by others for a utilities reason.

Engineer means the deputy city manager for infrastructure or the deputy city manager's duly authorized representative.

Environmental Protection Agency or EPA means the United States Environmental Protection Agency.

Floatable oil means oil, fat or grease in a physical state such that it separates by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Hazard means a potential risk to public health.

Holding tank waste means any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

Industrial fluids system means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutive or plumbing hazard if introduced into an approved water supply. This may include but is not limited to polluted or contaminated waters; all types of process waters and used waters originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalines; circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used for industrial purposes, firefighting purposes or for other purposes.

Industrial service means service to and for facilities classified as industry. Industries so classed shall be those identified in the Standard Industrial Classification Manual under Division A: Agriculture, Forestry, Fishing; Division B: Mining, Division D: Manufacturing; Division E: Transportation, Communications, Electrical, Sanitary Services; and Division I: Services. A user of the type in the divisions listed may be excluded from this class if the deputy city manager - infrastructure department determines that normal water usage is representative of the usage by a domestic or commercial service class. In such instances, the facility shall be considered as being in the commercial service class.

Industrial user means any nondomestic source discharging pollutants into a POTW.

Industrial wastes means the wastewater from industrial processes, trade or business as distinct from domestic, commercial or sanitary wastes.

Infrastructure department means the utility managed by the deputy city manager - infrastructure department through which municipal water and sewer systems are operated under the direction of the city council.

Inspector means the authorized representative of the engineer at the site of the work.

Interference means the inhibition or disruption of the POTW treatment processes or operations, including such inhibitions or disruptions which contribute to a violation of any requirement of the city's or the Metro District's NPDES permit or the City of Northglenn's NPDES permit (where a discharge in the city will be treated by Northglenn POTW). The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 USC 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA, applicable to the method of disposal or use employed by the POTW.

Metro District means the Metro Wastewater Reclamation District, a political subdivision of the state.

National categorical pretreatment standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which applies to a specific category of industrial users.

National Pollutant Discharge Elimination System or NPDES permit means a permit issued pursuant to Section 402 of the Act (33 USC 1342).

Natural outlet means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

New source means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 USC 1317) categorical standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

Nontributary water means water that, when removed, the effect of the removal will not be felt by a surface stream within 100 years.

Northglenn means the City of Northglenn, a political subdivision of the state.

Not nontributary water means water that, when removed, the effect of the removal will be felt by a surface stream within 100 years.

Overload means the exceeding of peak flow in any part of the sewer collection system.

Peak flow means maximum wastewater flow in any part of the sewer collection system. Peak flow for sewers 24 inches and smaller shall flow no more than 50 percent full. Peak flow for sewers 27 inches and larger shall flow no more than 70 percent full.

Permit means permission by the deputy city manager - infrastructure department to use water or sewer service for the purpose specified in the authority to use.

Permittee means any person authorized to use water and/or sewer service under a permit.

pH means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the number of moles of hydrogen ions per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10 to the negative seventh power (10 ^-7 ).

Plex means a dwelling type that may or may not occupy its own structure from ground to roof but does have an outside entrance, similar to a townhouse. It is separated from other structures by yards or other open space, and it is designed for occupancy by one or more families.

Plumber means a person licensed as a master plumber by the city and who is under bond to the city as provided in its ordinances and/or under the laws of the state.

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, corrosive substances, biological materials or nutrients, radioactive materials, heat, malodorous substances, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste or industrial, municipal and agricultural waste discharged into or with water.

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

POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by other means, except as prohibited by 40 CFR 403.6(d).

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

Private well system means a well or wells, which may include storage, treatment and a distribution system serving two or more individual lots. A private well system can only exist within one subdivision and only serve that subdivision. Unless specifically allowed to the contrary, no portion of a private well system shall be considered part of the city system, the city water system, the city's utility system, the city's distribution system, or the city's public potable water system.

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

Public sewer means a common sewer controlled by a governmental agency or public entity.

Publicly-owned treatment works (POTW) means a treatment works as defined by 40 CFR 403.3(0). This definition includes any sewers, pipes and other conveyances that convey wastewater to a POTW treatment plant.

Reduced pressure principle device means an assembly of two independently operating approved check-valves with an automatically operating differential relief valve between the two check-valves, tightly closing shutoff valves on either side of the check-valves, plus properly located test cocks for the testing of the check-valves and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two check-valves at the level less than the pressure on the public water supply side of the device. In case of leakage of either of the check-valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check-valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged.

Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwaters, storm waters and surface waters that are not admitted intentionally.

Service area means all areas within the city limits and all other areas with a utility contractual agreement with the city infrastructure department.

Service line (sewer) means all piping lawfully installed between the sewer main or an extension thereof and the user's or permittee's building. For all sewer service lines, the responsibility of the city, including maintenance and repairs, terminates at the tap on a sewer main or extension thereof.

Service line (water) means that portion of the water system from and including the tap on the distribution main to points of use within a building or place of residence. In the case of residential service the responsibility of the city, including maintenance and repairs, terminates at the meter, and in commercial/industrial/irrigation service, at the tap on the water distribution main.

Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and storm waters as may be present, that are not admitted intentionally.

Sewer means a pipe or conduit that carries sewage.

Sewer system means all devices used in the collection, treatment or disposition of sewage or industrial waste of a liquid or semiliquid nature, including all inlets, collection (except a sewer service line between mains and buildings) drainage or disposal lines, intercepting sewers, sewage disposal plants, trunk and outfall sewers; all pumping, power and other equipment and appurtenances; all extensions, improvements, remodeling, additions, alterations thereof and any and all rights or interest in such sewer facilities, together with all real property, rights-of-way, easements and all building structures and improvements of the city used or useful in the ownership and operation of the sewer system.

Significant industrial user means any industrial user who is subject to categorical pretreatment standards, or:

(1)

Has a discharge flow of 25,000 gallons or more per average workday or more process wastewater to the POTW, excluding sanitary, noncontact, and boiler blowdown wastewater;

(2)

Has in its wastes toxic pollutants;

(3)

Has a flow greater than five percent of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(4)

Is found by the city, the Metro District, the City of Northglenn (where a discharge in the city will be treated by Northglenn POTW), the state department of health or the United States Environmental Protection Agency to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

Slug means any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate or pollutant concentration which will cause interference with the POTW.

Source of supply means streams, reservoirs, groundwater, transbasin and nontributary waters, deep and shallow wells and infiltration galleries, such as streams or horizontal sources.

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

Standard Methods means the procedures described in the latest edition of Standard Methods for the Examination of Water and Wastewater, as published from time to time by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

Storm drain, storm sewer means a drain or sewer for conveying surface waters, groundwater, subsurface water or water from any source other than sanitary sewer.

Storm water means any flow occurring, during or following any form of natural precipitation and resulting therefrom.

Suspended solids means total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as suspended residue in 40 CFR 136.

Tap means the point of connection of a service line to the city's potable water distribution or sanitary sewer systems.

Tap permit means that the right to take and use water from the water distribution system or discharge into the sanitary sewer system through the facilities of the utility shall exist only under tap permit, and no physical connection shall be made or modified to any such facilities or to any privately or publicly owned extension thereof for any purpose unless a tap permit shall have first been obtained by the owner or the owner's agent authorizing the use for which such a connection is to be made.

Thornton service area means all areas within the city limits of Thornton and all other areas with a utility contractual agreement with the Thornton infrastructure department.

Townhouse means a single-family attached unit with common walls. The unit has its own front door which opens to the outdoors, and typically each house is a complete entity with its own utility connections. Townhouses typically have no side yards, but front and rear yards can exist.

Toxic pollutant includes but is not limited to any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act or other acts.

Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.

Unsanitary manner means that which is deleterious to the health and welfare of the public.

User means any person who contributes, causes or permits the contribution of wastewater into the city's POTW.

Utilities director or director means a person who shall be employed or removed by the council on its own initiative and be responsible for the management of the city's water and sewer utilities, subject to the provisions of the Charter and this Code.

Waste means any and all waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature.

Wastewater means any liquid or water-carried industrial or domestic wastes, treated or untreated, from residences, commercial buildings, industrial facilities, and institutions discharged into or permitted to enter a POTW.

Wastewater contribution permit means as set forth in Section 74-313 et seq.

Wastewater facilities means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

Wastewater treatment works means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge; sometimes used synonymously with the term "waste treatment plant" or "water pollution control plant."

Water, nonpotable means water which is not safe for human consumption or which is of questionable potability.

Water, potable means any water which, according to recognized standards, is safe for human consumption.

Water system means all devices used in the collection and distribution of water for all beneficial uses, including systems of raw and clear water in reservoirs, deep and shallow wells, pumping, gauging or metering stations, inlets, tunnels, flumes, conduits, canals, transmission and distribution lines, hydrants, meters, all extensions, improvements, water rights, the use of water, irrigation ditch stock and all other equipment related thereto, together with all real property, rights-of-way, easements and all building structures and improvements of the city used or useful in the ownership and operation and of the water system. The water system shall be considered as made up of two parts: the utility system and the customer system. The utility system shall consist of the source facilities and the distribution system and shall include all those facilities of the water system under the complete control of the utility up to the point at which the customer's system begins. The source or supply facilities shall include all components utilized in the production, treatment, storage and delivery of water to the distribution system. The distribution system shall include the network of conduits used for the delivery of the water from the source of supply to the customer's system. Private water systems owned and operated by customers serving more than one person shall be disallowed. In all cases where it is practical and feasible, the utility shall provide water service directly to the customer.

Water, used means any water supplied by the city from the potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the city.

Watercourse means a natural or artificial channel for the passage of water, either continuously or intermittently.

(Code 1975, § 40-5; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2231, § 3, 2-8-93; Ord. No. 2306, §§ 1, 4, 2-28-94; Ord. No. 2495, § 1, 6-22-98; Ord. No. 2656, §§ 42, 43, 2-12-01; Ord. No. 2663, § 42, 4-23-01; Ord. No. 2988, § 4, 4-24-07; Ord. No. 3666, § 15, 9-26-23)

Cross reference— Definitions generally, § 1-2.

(a)

Any person, user or permittee violating any provisions of this article or any order, rule, regulation or permit issued under this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-8(b). Each separate day or any portion thereof during which violation of any provision appearing in this article occurs or continues shall be deemed or constituted as a separate offense. The issuance or granting of any permit or approval of any plans or specifications shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this article.

(b)

In addition to the penalties prescribed in subsection (a) of this section, the infrastructure department may recover reasonable attorney's fees, court costs, court reporter's fees and all other expenses of litigation in the event an appropriate civil action is brought against the person violating this article or any orders, rules, regulations or permits issued pursuant thereto.

(c)

Notwithstanding subsections (a) and (b) of this section, the city may impose such penalties and seek such relief as set forth in Section 74-311 for violations or noncompliance with industrial wastewater pretreatment regulations, orders or permits.

(Code 1975, § 40-110; Ord. No. 1488, 10-3-85; Ord. No. 1687, 7-13-87; Ord. No. 2306, § 38, 2-28-94; Ord. No. 2656, § 43, 2-12-01)

Without limiting any other remedy available to the infrastructure department, any person violating any provisions of this article shall be liable to the infrastructure department for any expense, loss or damage occasioned by the utility by reason of such violation.

(Code 1975, § 40-105.2; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01)

The rules and regulations in this article are promulgated and adopted for the operation and maintenance of the water system and sewer system of the city. These rules and regulations are to be considered a part of the contract between the city and each user of the water system and the sewer system.

(Code 1975, § 40-5.1; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 1, 2-28-94)

Except for property where construction commenced before May 15, 2003, no connection to the city water or sewer system shall be granted to any property unless the property meets all the requirements and regulations in Sections 18-348(e), 18-633, 18-635, 18-636, 18-637, 18-652, 18-693, and 18-694 and the land use requirements for public and private schools contained in Chapter 18; Sections 22-112, 22-116, and 22-161 to 22-171 of Chapter 22; and Sections 74-87, 74-91, 74-94, 74-97, 74-100 to 74-105, 74-111 to 74-113, 74-116, 74-117, 74-156 to 74-164, 74-192, 74-194, and 74-251 to 74-256 of Chapter 74 of the City Code related to water improvements, sanitary sewer and storm water improvements, grading and drainage, and street improvements; and the Standards and Specifications. The requirements of this section may be satisfied by intergovernmental agreement between the city and a governmental or quasi-governmental entity.

(Ord. No. 2774, § 1, 10-28-03; Ord. No. 3165, § 10, 4-12-11; Ord. No. 3648, § 13, 4-11-23; Ord. No. 3745, § 56, 8-26-25)

The utility shall have full authority to act and perform such functions as are provided for in Article IV of the service contract between the city and the Metro District and the intergovernmental sewer service agreement between the Cities of Thornton and Northglenn.

(Code 1975, § 40-69; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85)

The deputy city manager - infrastructure department and the deputy city manager - city development department and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties served by the city water and/or sewer system for the following purposes:

(1)

Inspection, observation, measurement, sampling and testing pertinent to discharge to the city sewer system. The deputy city manager - infrastructure department or other duly sanctioned employees are authorized to obtain information, etc.

(2)

Backflow prevention. To determine whether cross connection or other structural or sanitary hazards, including any violation of this article as to such matters, exist. In the event that such condition becomes known, the deputy city manager - infrastructure department may deny or immediately discontinue water service to the premises by providing for a physical break in the service line until the customer has corrected the condition in conformance with all state statutes and city ordinances relating to plumbing and water supplies, and the rules and regulations adopted pursuant thereto.

(3)

Meter reading. For the purpose of meter reading, provided that all meters shall be readily accessible for such purpose.

(Code 1975, § 40-71; Ord. No. 1278, 9-12-83; Ord. No. 2663, § 43, 4-23-01)

All water line and sewer line installations shall be designed, constructed, and maintained in conformance with the Standards and Specifications. Any deviations from the Standards and Specifications must be approved in writing by the deputy city manager - infrastructure department or designee. Copies of the Standards and Specifications as adopted by ordinance of the city council are on file in the offices of the city clerk and the deputy city manager - infrastructure department and are available for public inspection during regular business hours. In addition, copies are available for public purchase.

(Code 1975, § 40-4.1; Ord. No. 1792, 10-10-88; Ord. No. 2269, § 6, 7-12-93; Ord. No. 2306, § 3, 2-28-94; Ord. No. 2420, §§ 1, 2, 5-28-96; Ord. No. 2663, § 44, 4-23-01)

All persons or organizations having been approved by the city to perform work pursuant to any utilities construction contract which involves the use of labor and materials shall execute such work in conformance with current Standards and Specifications, pertinent rules, regulations and procedures, ordinances and Charter provisions of the city which may be incorporated in such utilities construction contracts.

(Code 1975, § 40-10; Ord. No. 1278, 9-12-83)

In any installation where special or unusual conditions might exist, detailed drawings, accompanied by a letter of explanation, shall be submitted to the public works sector. Owners shall be subject to penalties for nonconformance as stipulated in this article or Standards and Specifications.

(Code 1975, § 40-14; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 5, 2-28-94; Ord. No. 2663, § 45, 4-23-01; Ord. No. 3272, § 10, 10-8-13)

The extension of any water distribution or sewer collection system, in order to serve a responsible individual applicant or applicants whose property is located within the city service area, shall be at the applicant's expense, subject to the reimbursement procedures set forth in Section 74-98.

(Code 1975, § 40-86.1; Ord. No. 1278, 9-12-83)

Editor's note— Ord. No. 2922, § 1, adopted Oct. 25, 2005, repealed § 74-98, which pertained to reimbursement procedure for extension of systems and derived from Code 1975, § 40-86.2; Ord. No. 1278, adopted Sept. 12, 1983; Ord. No. 1639, adopted Jan. 12, 1987; Ord. No. 2231, § 4(C), adopted Feb. 8, 1993; Ord. No. 2306, § 37, adopted Feb. 28, 1994; Ord. No. 2640, § 1, adopted Oct. 9, 2000; Ord. No. 2663, § 46, adopted April 23, 2001; Ord. No. 2687, § 23, adopted Oct. 22, 2001.

The infrastructure department may require water lines or sewer lines to be extended to or from the developer's property, whether such lines are to be utilized by the developer or not. Any connection of water lines or sewer lines to the city's water or sewer system shall be made at the developer's sole expense at such places and under such conditions as directed by the city pursuant to the water master plan or sewer master plan as amended from time to time. The city reserves the right to require a connection or connections to be made to lines which may not necessarily be the closest lines to the developer's property at the developer's sole expense.

(Code 1975, § 40-15; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 6, 2-28-94; Ord. No. 2656, § 43, 2-12-01)

(a)

The sizing and layout of the system are part of the total consideration of design, operation and maintenance of a water supply system that yields optimum quality service at the lowest total cost to the consumer. The infrastructure department reserves the right to size mains to provide for exceptional future needs. Oversizing of mains (anything greater than 16 inches in diameter), as dictated by the city's hydraulic model, may be required by the city, and costs of such oversizing shall be borne by the city. However, if such oversizing is required to meet the needs of the developer, the full cost thereof shall be borne by the developer. If oversizing is required, the developer shall provide a minimum of three qualified bids for 16-inch-diameter lines as well as bids for the oversized line. The city infrastructure department reserves the right to require additional bids in accordance with the city's purchasing and contract policies. The city shall pay the difference between the 16-inch-diameter and oversized pipe bids once approved by the engineer and upon completion and initial acceptance of the installation.

(b)

The size, slope, alignment, materials for construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the Standards and Specifications. Any deviations from the Standards and Specifications must be approved in writing by the engineer. The infrastructure department reserves the right to size mains to provide for future needs. Oversizing of mains (anything greater than 15 inches in size) may be required by the city, and costs of such oversizing shall be borne by the city; however, if such oversizing is required to meet the needs of the developer, the full cost thereof shall be borne by the developer. If oversizing is required, the developer shall provide a minimum of three qualified bids for 15-inch-diameter lines as well as bids for the oversized line. The city infrastructure department reserves the right to require additional bids in accordance with the city's purchasing and contract policies. The city shall pay the difference between 15-inch-diameter and oversize bids once approved by the engineer and upon completion and initial acceptance of the installation.

(Code 1975, § 40-16; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 7, 2-28-94; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 47, 4-23-01)

(a)

Water. All water piping, fixtures and appurtenances necessary to produce the water service line connections between the mains under the control of the infrastructure department and the fixtures through which water is to be used shall be provided and installed at the expense of the owner. Service lines for residential service shall be maintained from the meter to the building by the owner. Service line connections on transmission mains greater than 16-inch diameter shall require an eight-inch diameter or greater service line in accordance with the Standards and Specifications, unless approved otherwise by the deputy city manager of the infrastructure department. For commercial and industrial service, the owner is responsible for the entire length of the service line, including fire lines.

(b)

Sewer. All piping, fixtures, and appurtenances necessary to connect a sewer service line between the main and the owner's property at the point of service shall be provided and installed at such owner's expense. The owner and/or customer of the property shall be responsible for all maintenance and repair of the sewer service line.

(Code 1975, § 40-17; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 8, 2-28-94; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 48, 4-23-01; Ord. No. 2864, § 2, 11-23-04)

Immediately upon completion of the installation of any facilities that are to be owned, operated and maintained by the utility, such shall be deemed free of any liens, encumbrances or claims to the city, which shall thereafter be the sole owner. Sewer service lines are the property of the owner of the property served by the sewer service line.

(Code 1975, § 40-18; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 9, 2-28-94)

Whenever the provision of water and/or sewer service to a development requires the use of easements or rights-of-way, the owner or developer of the property to be served shall grant to the city, without charge, any easements or rights-of-way as may be required for the provision of water and/or sewer service in accordance with Standards and Specifications and water or sewer master plans, whether the easements or rights-of-way are within or outside the development to be served.

(Code 1975, § 40-19; Ord. No. 1278, 9-12-83)

(a)

It shall be unlawful for an owner or customer of the property served by the assigned water meter to intentionally, knowingly or recklessly allow, cause, or permit to be placed in the water meter pit or vault any water meter other than the water meter purchased for and assigned to the property by the city pursuant to subsection (b) of this Section 74-104. In any prosecution for a violation of this subsection (a), if evidence is introduced showing that there is a violation of said subsection, coupled with proof establishing the identity of the person or persons shown by the city's records as responsible for payment on the water and sewer account established for such property, such evidence shall constitute a prima facia presumption that the person or persons shown on said water and sewer account committed the offense charged.

(b)

All work within the city service area relating to water meters shall conform to the Standards and Specifications. In the case of permanent connection to the mains of the city water system, the owner shall pay the city for use of the water meter in accordance with the city's rate ordinance and obtain water meters from the infrastructure department to be used only for the owner's property as assigned by said infrastructure department. The city shall retain ownership of all water meters and shall install the water meter for residential accounts. For commercial accounts, the owner shall install the water meter, at the owner's expense, and installation shall be by a licensed plumber. The meter pit or vault and the area within three feet of the center of the meter cover shall be maintained by the owner so that it is conveniently accessible, in good order and does not pose a safety hazard for reading and installing meters and for turning water on and off. Any adjustments of the pit or vault shall conform to Standards and Specifications and shall be the responsibility of the owner.

(Code 1975, § 40-20; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 10, 2-28-94; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2864, § 3, 11-23-04)

All fire hydrants within the city water utility system shall be owned and maintained by the city. No connection shall be made to any fire hydrant except by an employee of the city for municipal purposes or by authorized fire districts or authorities for emergency uses or for permitted special purposes. For contractors performing work within the boundaries of the city utility system, use of a fire hydrant shall require a permit and a hydrant meter. The deputy city manager - infrastructure department may issue permits for special purposes as defined in Section 74-225.

(Code 1975, § 40-21; Ord. No. 1278, 9-12-83; Ord. No. 2173, § 1, 7-13-92; Ord. No. 2306, § 11, 2-28-94; Ord. No. 2663, § 49, 4-23-01)

(a)

It shall be unlawful for a property owner or lessee of property upon which is located a water meter cover, pit, vault, or a fire hydrant to permit, cause, place, or keep any fence, post, vehicle, growth, trash, storage, material or other condition within three feet of the center of a water meter cover, pit vault, or fire hydrant that would deter, hinder, or obstruct immediate access to such equipment or fire hydrant, or to paint or in any way apply a coating on or otherwise alter the appearance of a fire hydrant or such equipment.

(b)

It shall be unlawful for an owner or customer to cause, allow or permit access to a water meter pit or fire hydrant located on the owner's property, to become obstructed, hindered or impeded, or for a fire hydrant or associated equipment to be painted or its appearance to be altered in any way. An owner or customer shall take action to remove any obstruction or hindrance and thereby allow access to a water meter pit or fire hydrant, within 72 hours of the date written notification is sent by the city, regular mail, postage prepaid, to the owner, at the address shown in the city records, and to the property address, if different than what is shown by the city records advising the owner and/or occupant of said obstruction or impediment. Such notification may also be posted on the property upon which is located a water meter pit or fire hydrant, or on whatever caused the obstruction or impediment. The written notification shall contain a description of the property upon which the violation has occurred, the nature of the obstruction or impediment which deters or hinders access, and will direct the owner or customer to correct the violation within the time period provided. If an owner or customer fails or refuses to respond to the notice provided herein, within the time allotted, the city may abate such obstruction by any reasonable means.

(c)

In the event the property owner or lessee does not take appropriate action, the city shall have the right to:

(1)

Enter the property and take whatever corrective action determined to be necessary;

(2)

Assess the property owner or lessee for the actual cost of the measures taken to remove the obstruction and restore access; and

(3)

Assess the property owner or lessee for the costs incurred by the city to enforce collection of the costs of the measures taken to remove the obstruction and restore access including inspection, attorney's fees and court costs under the procedure provided in Section 38-453.

(Code 1975, § 40-21.1; Ord. No. 2306, § 12, 2-28-94; Ord. No. 2550, § 10, 7-12-99; Ord. No. 2825, § 1, 6-8-04; Ord. No. 2864, § 4, 11-23-04)

No water service or connection will be granted to serve premises supplied with water from any source other than the mains of the city; provided, however, that if the owner of the premises so supplied from a source other than the mains of the city shall enter into an agreement, binding on such owner and the successive owners of the premises to be supplied, whereby such owner agrees not to make or permit any cross connection between the water supply system of the city and any other supply or system for or upon such property and shall install a meter for such premises under the rules and regulations of the infrastructure department and pays for water at the scheduled meter rates, a service or connection shall be granted to such premises under the rules and regulations of the infrastructure department.

(Code 1975, § 40-22; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01)

(a)

As used in this section, the term "developed" means a property or lot upon which significant site improvements, such as utility installations, paving, or construction of one or more structures, have occurred. The term "redeveloped" means a property previously developed undergoing substantial change in land use, site improvements including utility installations or paving, or substantial construction or reconstruction.

(b)

Except as provided herein, all houses, buildings or other developed or redeveloped properties within the city limits or areas outside the city which are subject to the provisions of this article shall receive water and sewer service only from the city's water and sewer systems. Connection to the city's water or sewer system is required and service shall be mandatory for houses, buildings or other developed or redeveloped properties which are adjacent to the city's water system and within 400 linear feet of the city's sewer system as measured from the property line along a reasonably accessible right-of-way or a publicly dedicated easement, as determined by the city. Any septic tanks, cesspools and similar private wastewater disposal facilities which remain after connection to the city's sewer system shall be removed or cleaned of sludge and filled with suitable material, in accordance with appropriate health authority regulations. Any wells shall be capped and abandoned.

(c)

Connection shall not be required for properties zoned Residential Estates, which allows service by wells and septic systems, or properties which currently receive service from Eastlake Water and Sanitation District or High Plains Water District, until such time as service is discontinued.

(d)

In addition to properties subject to subsection (c), existing developed properties with water or sewer service from sources other than the city shall not be required to connect to the city water or sewer systems unless and until service is available from the city, as defined in subsection (b), and:

(1)

Redevelopment at the owner's initiative; or

(2)

The water or sewer system fails or the properties are required to connect to the city's system(s) by the appropriate health authorities; or

(3)

Service to the property is requested by the property owner under terms and conditions required by the city.

(e)

Notwithstanding the provisions of subsection (d), all developed properties for which city water or sewer service is available, except those exempt from connection under subsection (c), shall be required to connect unless a waiver is obtained from the city. Existing developed properties under subsection (d), except those described in [subsections] (1)—(3) of subsection (d), shall not be required to connect until city council has defined the waiver criteria following adoption of proposed changes to Chapter 18 of the Code and any zoning changes related to the Comprehensive Plan. The criteria may include factors such as the proposed end use and probability of development of a property, property location and degree of surrounding urbanization, property size, and the safety of the existing well and septic system.

(f)

Connection to the city water and/or sewer systems shall be made within 90 days after the date of official notice to connect. If and when a property is required to connect, the owner of the property shall pay all applicable connection and development fees in effect as of the date of connection.

(Ord. No. 2525, § 1, 10-12-98; Ord. No. 3745, § 57, 8-26-25)

Editor's note— Ord. No. 2525, § 1, adopted Oct. 12, 1998, repealed former § 74-108 of Code and enacted a new § 74-108 to read as herein set out. Former § 74-108 pertained to connection to public water and sewer system being required and derived from the 1975 Code, § 40-37; Ord. No. 1278, adopted Sept. 12, 1983; Ord. No. 2057, § 1, adopted April 8, 1991; Ord. No. 2306, § 16, adopted Feb. 28, 1994; and Ord. No. 2495, § 2, adopted June 22, 1998.

All property within the city shall be provided with water and sanitary sewer service subject to the availability of water resources and distribution, collection, treatment, and other facilities, and subject to existing contracts and the provisions of this article. The city shall retain dominion over all water provided to the properties served. Applicants shall provide to the deputy city manager - infrastructure department evidence of ownership of land to be served before service shall be extended.

(Code 1975, § 40-38; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 17, 2-28-94; Ord. No. 2663, § 50, 4-23-01)

(a)

No sewer service shall be provided outside the city limits in the absence of a contractual agreement, which shall include conditions for service and issuance of taps and which shall be binding upon the heirs, successors and assigns of all parties.

(b)

In the case where sewer service is provided outside the city limits the following requirements shall apply. Upon the effective date of Ordinance No. 2352, no building shall receive sewer service from the city until the city receives certification from a professional engineer licensed in the state that the yard sewer is installed in accordance with the most current version of the Standards and Specifications. The yard sewer, for the purposes of this section, is defined as that portion of a service line between the point outside the building whereby county inspection jurisdiction ceases, up to and including the connection to the service stub at or near the property line. In the case where no service stub exists, the sewer service will be additionally inspected and certified from the point at or near the property line to and including the connection to the service tap on the city's sewer main. If a building is under construction prior to the effective date of Ordinance No. 2352, or if for any other reason a building service line is installed without an inspection by a licensed professional engineer, the builder/developer shall videotape the service line and the licensed professional engineer shall certify that:

(1)

The videotape is that of the subject building; and

(2)

The yard sewer/service line is in conformance with the city's standards.

(c)

A water meter will not be installed in any building outside the city limits until the certification referenced in subsection (b) of this section is provided to the city.

(Code 1975, § 40-39; Ord. No. 1278, 9-12-83; Ord. No. 2352, § 1, 10-24-94)

(a)

The infrastructure department will turn water on at any premise lawfully entitled to be served upon request. Except upon written order of the deputy city manager - infrastructure department, no person other than a duly authorized employee of the city shall, under any condition or circumstances, turn water on for use in any premises or use water in any premises when the water shall have been turned off by the infrastructure department or at its order; provided, however, that a licensed plumber may turn on or use water to the minimum extent necessary for the purpose of testing work, after which the water shall be turned off by the plumber. The city shall not be liable for any damages resulting in the turning on of the water either by city employees or a licensed plumber or any other person.

(b)

The infrastructure department shall turn water on at any premises lawfully entitled to service, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays. The city shall not be liable for any damages resulting from the turning on or off of the water either by city employees or other duly authorized persons.

(Code 1975, § 40-79; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 35, 2-28-94; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 51, 4-23-01)

The infrastructure department reserves the right at any time, but after reasonable notice to all concerned, to shut off the water in its mains for the purpose of making repairs, extensions, or for any other useful or necessary purposes. In case of emergency, reasonable notice is waived. No water user shall be entitled to any damages or to have any portion of payment refunded for any stoppage of water supply. All persons having boilers or other appliances on their premises depending on pressure of water in pipes or upon a continual supply of water shall provide, at their own expense, suitable safety appliances to protect their property in case of the stoppage of water supply or the loss of pressure.

(Code 1975, § 40-80; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 36, 2-28-94; Ord. No. 2656, § 43, 2-12-01)

Internal fire sprinkler systems and fire lines from the point of tap on the distribution main shall be owned, operated and maintained by the proprietor. These systems shall not be metered, but will incur costs based upon the rate ordinance.

(Code 1975, § 40-32; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 14, 2-28-94)

The inspector's responsibility shall be to ensure that all work relating to water and sewer service lines, distribution, transmission, collection and outfall lines and facilities conforms to the Standards and Specifications.

(Code 1975, § 40-33; Ord. No. 1278, 9-12-83)

Upon completion of the service line installation, water shall not be turned on to any premises, except for construction purposes, until the service line work has been completed and that portion of the service line from the main to and including the water meter has been approved.

(Code 1975, § 40-34; Ord. No. 1278, 9-12-83)

It shall be unlawful to discharge to any natural outlet within the service area or in any area under the jurisdiction of the city any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. Cooling water, air conditioning, water and compressor condensate water shall be recycled and reused and not discharged into the sanitary sewer system.

(Code 1975, § 40-35; Ord. No. 1278, 9-12-83)

Except as provided in this article, no privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater shall be constructed within the city or in areas outside the city which are subject to the provisions of this article, except as specifically approved by the Local Health Department or other appropriate authority.

(Code 1975, § 40-36; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 15, 2-28-94; Ord. No. 3666, § 16, 9-26-23)

A water user who has had water service disconnected for a violation during the designated period of curtailment, restriction or prohibition as contained in the notice may again secure water service by paying a charge to have the service reconnected, which reconnection charge must be received by the infrastructure department prior to the time water service shall be reconnected.

(Code 1975, § 40-91; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01)

(a)

Where a public sanitary sewer is not available, the building sewer may be connected to a private wastewater disposal system complying with the provisions of this section.

(b)

Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the Local Health Department followed by the obtaining of a written permit signed by the deputy city manager - infrastructure department. The application for the permit shall be made on a form furnished by the engineer, which the applicant shall supplement by system design plans, specifications and other information as are deemed necessary by the engineer.

(c)

The engineer shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the engineer when the work is ready for final inspection and before any underground portions are covered.

(d)

The type, capacities, location and layout of a private wastewater disposal system shall comply with all permits, regulations and guidelines of all applicable federal, state, and local governing agencies. No private wastewater disposal system shall be permitted to discharge to any natural outlet. Any discharge, accidental or intentional is a violation of this section of the Code.

(e)

The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the utility and in compliance with Section 74-101 of this Code.

(f)

The owner of sewer service lines that serve more than one building or structure shall annually apply for temporary connection to the city water system pursuant to section 74-225 for the purpose of completing controlled and screened flushing of the private wastewater disposal system. Such flushing is for the purpose of preventing back-ups that can contaminate nearby water service lines, the public stormwater system, and other surface waters in the city.

(g)

Any owner of sewer service lines located on property where water service lines that are considered a "public water system" under 5 CCR 1002-11 are also located shall provide copies of all drinking water quality testing and reports required by state law or regulations to the deputy city manager of the infrastructure department at the same time such testing and reports are provided to the state.

(h)

No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Local Health Department.

(Code 1975, §§ 40-92.1—40-92.6; Ord. No. 1278, 9-12-83; Ord. No. 2247, § 2, 4-26-93; Ord. No. 2663, § 52, 4-23-01; Ord. No. 3666, § 17, 9-26-23; Ord. No. 3717, § 1, 12-3-24)

(a)

It shall be unlawful for any person, directly or indirectly, to defile, pollute, contaminate, trespass upon, injure, tamper, meddle or interfere in any way with or to cause, authorize or permit any trespass upon, injury, tampering or meddling with or to defile, pollute or contaminate or interfere in any way with any of the works, lakes, reservoirs, dams, streams, ditches, trenches, pipes, drains, filters, valves, gauges, devices, grounds, enclosures, buildings, structures, water treatment or testing facilities, equipment, properties or works of the water system owned, controlled or managed by the city, or any waters, streams, waterways, watercourses, watersheds, places, tributaries or any of the waters in or of such water system at any place, or in or along such place, or within five miles above any point from which waters are taken for delivery to the city's municipal water system.

(b)

It shall be unlawful for any owner or customer to intentionally, knowingly or recklessly tamper with, disconnect, place or cause to be placed in a water meter pit serving the property any type of device or means that would allow or permit water to flow to the property without such water flowing through the water meter assigned to the owner of such property pursuant to Section 74-104.

(c)

In any prosecution for a violation of this subsection (b), if evidence is introduced showing that there is a violation of said subsection, coupled with proof establishing the identity of the person or persons shown by the city's records as responsible for payment on the water and sewer account established for such property, shall constitute a prima facia presumption that the person or persons shown on said water and sewer account committed the offense charged.

(Code 1975, § 40-89; Ord. No. 1278, 9-12-83; Ord. No. 2231, § 4(D), 2-8-93; Ord. No. 2864, § 5, 11-23-04)

The city offers a standing reward of $50.00 for information leading to the apprehension, arrest and conviction of anyone found guilty of trespassing upon the municipal water system in violation of Section 74-120. Signs conveying information of such rewards may be prepared by the city traffic engineer and suitably posted.

(Code 1975, § 40-109; Ord. No. 1278, 9-12-83)

(a)

Regardless of the occupancy of a property served by the city water, sewer, and/or stormwater system, the owner thereof shall be responsible for the payment of all water, sewer, and/or stormwater service charges arising out of provision of such service to the owner's property or under any permit issued to the owner's property. Such charges shall become and be a continuing and perpetual lien and charge upon the lots or parcels of ground upon which they are levied or under any permit issued to the owner's property, and upon the building or buildings or other improvements situate thereon, if any, from the time the service is provided, and such liens shall have priority over all other liens, except general taxes.

(b)

In the event such charges are not paid when due, said service may be disconnected by shutting off the water supply to the property served in accordance with Section 74-123 unless adequate assurance of payment is provided to the city.

(c)

In addition to the remedy provided for in subsection (b), the city may certify the water, sewer, and/or stormwater charge or charges, constituting the lien, to the county treasurer of Adams County, Colorado and said lien shall be collected in the same manner as though the lien were part of the taxes assessed against said property, together with any and all costs of collection. All laws of the State of Colorado for the assessment and collection of general tax and redemption of same shall apply to the collection of such charges. Any notice of delinquency shall include notice that the city may certify the charges due to Adams County to be collected as provided for in this subsection.

(d)

The city may charge any owner of real property a deposit, in an amount to be set by the city ordinance establishing water and sewer rates, for water or sewer connections when there is reason to believe water and/or sewer charges will not be timely paid. The city need not apply such deposit in lieu of enforcing other rights or remedies the city may have pursuant to its rules, ordinances or state law. The deposit may be refunded if and when charges have been timely paid for a period of 12 months.

(Code 1975, § 40-100; Ord. No. 1278, 9-12-83; Ord. No. 2864, § 6, 11-23-04; Ord. No. 3512, § 1, 12-18-18)

Neither the granting of a permit nor any act, circumstance or condition shall operate to create any vested or proprietary right whatsoever, but shall give the permittee the right to use water and/or sewer service for the purposes specified in the permit, subject to determination of such permit as provided in this section. Every permit to use water and/or sewer service shall be subject to revocation and shutoff by the deputy city manager - infrastructure department without obligation upon the city to refund or repay any consideration which may have been given for the granting of such permit and without any obligation upon the city whatsoever for any one or more of the following reasons:

(1)

Failure to comply with this article or the applicable rules and regulations of the infrastructure department.

(2)

Non-payment of any charges related to water and/or sewer service to the property after such charges become delinquent are thereby subject to suspension of service as provided herein.

(3)

Use of water/sewer system for purposes not authorized by a permit.

(4)

Nonpayment involving two or more uses from one line. In the case that two or more users are supplied with water from the same service line, if any of the parties fail to pay the water service charges when due or fail to comply with any rule of the infrastructure department, the infrastructure department reserves the right to suspend the whole service until such charges are paid or until the rules are strictly complied with. It is expressly stipulated that no claim for damage or otherwise may be made against the city by any user whose water charges have been paid or who has complied with the rules and regulations of the infrastructure department because of such turnoff, it being expressly stipulated that the necessity for such turnoff shall be deemed to be the joint act of all served through such service.

(5)

All other emergencies deemed necessary by the deputy city manager - infrastructure department.

(Code 1975, § 40-101; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 53, 4-23-01; Ord. No. 2864, § 7, 11-23-04)

Written notice of a proposed suspension of water/sewer service shall be mailed to the last known address of the customer as shown on the infrastructure department's records, and a notice shall also be mailed to the property to which service is being supplied or at which premises the cause for suspension arose, if the property address differs from the address to which billings are sent. The notice shall include the following:

(1)

Notification that water service shall be suspended on the date specified in the notice, which date shall be no sooner than five days after the date of mailing of the notice.

(2)

The reason for suspension of service.

(3)

An advisement to the owner or occupant that, if the owner or occupant does not believe reasonable cause exists for the proposed suspension, the owner or occupant may confer with an infrastructure department representative prior to suspension.

(4)

The city division to be contacted to request a conference is utility billing.

(Code 1975, § 40-102; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 54, 4-23-01)

The owner or occupant who has received notice pursuant to Section 74-124 may request, within five days of receiving a suspension notice, a conference with an infrastructure department representative. If no conference is requested or payment of delinquent charges has not been made or in the event that no arrangement for such payment has been made or if the deputy city manager - infrastructure department finds that other reasonable cause still exists for suspension prior to 5:00 p.m. on the date specified in the notice, water service shall be suspended and shall not be reinstated until the cause for the suspension has been cured. Prior to reinstatement of service to the premises, all charges due, including disconnection and reinstatement charges, shall be paid in full.

(Code 1975, § 40-103; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 55, 4-23-01)

Any appeal from the decision of the infrastructure department representative with respect to suspension of water service shall be submitted in writing to the deputy city manager - infrastructure department within ten days from the date of the representative's decision. Such an appeal shall set forth, with particularity, the grounds therefor. Notwithstanding such appeal, service shall be or remain suspended unless the appeal is accompanied by payment of the amount in dispute or an amount determined as being sufficient to ensure continued compliance with all applicable ordinances, rules and regulations, which amount shall be specified in the designated representative's decision. The deputy city manager - infrastructure department shall review the proceedings before the designated representative and, within 15 days after receipt of the appeal, shall enter a written ruling based thereon, a copy of which ruling shall be sent by certified mail to the customer. In the event that the decision is adverse to the customer, all administrative recourse in connection with the suspension of service shall be deemed to have been exhausted, and the customer may thereupon pursue such further remedy as is chosen by the customer.

(Code 1975, § 40-104; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 56, 4-23-01)

(a)

A sewer user who has had the water or sewer service disconnected for a violation may again secure sewer service by paying a charge to have service reconnected, which reconnection charge shall be received by the infrastructure department prior to the time service shall be reconnected.

(b)

Notice as to violations shall be as designated by the deputy city manager - infrastructure department.

(Code 1975, § 40-105.3; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 57, 4-23-01)

Any customer having any complaint with respect to conduct or action of any employee of the city in connection with the operation of the municipal water and sewer system or in connection with the administration or implementation of any ordinance, rule or regulation or policy related to the operation of the system, with the exception of termination of service for any of the reasons specified in Section 74-123, may submit a written complaint to the deputy city manager - infrastructure department outlining in detail the basis of the complaint. The deputy city manager - infrastructure department shall make such investigation as may appear necessary and shall enter a written ruling with respect to the complaint. A copy of such ruling shall be mailed to the complaining customer by certified mail within 15 days from the date of receipt of the complaint. In the event that the ruling of the deputy city manager - infrastructure department is adverse to the customer's contentions, the customer's administrative remedy shall be deemed to have been exhausted, and the customer may thereupon pursue such other remedy as the customer may choose.

(Code 1975, § 40-106; Ord. No. 1278, 9-12-83; Ord. No. 2663, § 58, 4-23-01)

The deputy city manager - city development department is vested with the authority and responsibility for implementing an effective cross connection control program in accordance with this article and for enforcing the provisions relating thereto. If in the judgment of the deputy city manager - city development department an approved backflow prevention device is required at the city's water service connection to any customer's premises for the safety of the water system, the deputy city manager - city development department shall give notice in writing to the customer to install such an approved backflow prevention device at each service connection to the customer's premises. The customer shall immediately install an approved device at the customer's own expense. Failure, refusal or inability on the part of the customer to install an approved device immediately shall constitute a ground for the denial or discontinuing water service to the premises until such device has been properly installed.

(Code 1975, § 40-23; Ord. No. 1278, 9-12-83; Ord. No. 2663, § 59, 4-23-01)

(a)

Backflow prevention devices. An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever any one or more of the following conditions exist:

(1)

In the case of premises having an auxiliary water supply which is not or may not be of a safe bacteriological or chemical quality and which is not acceptable to the deputy city manager - infrastructure department as an additional source, the city water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.

(2)

In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the city water system, the city system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality.

(3)

In the case of premises having internal cross connections that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the city water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line.

(4)

In the case of any premises where the following hazards may exist: solar heating applications. All solar systems, whether utilized for space heat or domestic hot water preheat, shall be protected against the possible backflow of nonpotable substances into the potable water distribution system as follows:

a.

Class I.

1.

In the following cases where a toxic transfer medium is being used, the means of backflow protection and exchange of heat shall be accomplished by way of an approved double-walled heat exchanger as set forth and prescribed by the city building and code compliance sector:

i.

Domestic hot water preheat applications, where the primary circulation fluid is deemed toxic.

ii.

Two-fluid space heating applications, with or without domestic hot-water preheat capabilities, where the primary circulation fluid is deemed toxic.

2.

Exception. Single-walled heat exchangers shall require building and code compliance sector approval in all applications. An expansion tank and an approved reduced pressure principle assembly will be required for all single-walled heat exchangers when used with toxic fluids.

b.

Class II.

1.

In the following cases where a nontoxic transfer medium is being used, the means of backflow protection and exchange of heat shall be accomplished by way of an approved double-walled heat exchanger as set forth and prescribed by the city building and code compliance sector:

i.

Domestic hot water preheat applications, where the primary circulation fluid is deemed nontoxic.

ii.

Two-fluid space heating applications, with or without domestic hot water preheat capabilities, where the primary circulation fluid is deemed nontoxic.

2.

Exception. Single-walled heat exchangers shall require building and code compliance sector approval in all applications. No backflow protection devices will be required for approved single-walled heat exchangers when using nontoxic fluids.

c.

Special applications. In cases where special applications are being used, the following requirements shall be met:

1.

In the case of a single-fluid solar domestic hot water preheat system which utilizes drain-down design for freeze protection, drain lines shall be connected to an approved, properly trapped and vented receptor with a visible air gap of at least three times the diameter of the drain line, with a fixed minimum air gap of one inch above the flood level of the receptor.

2.

In the case of a solar heating system which utilizes an approved fan coil unit to exchange heat from the hot air to preheat water for domestic uses, no backflow protectors will be required; however, if the fan coil unit utilizes drain-down freeze protection, the drain from the exchange coil shall conform to the same requirements of single-fluid drain down solar systems.

(b)

Administrative authority. The administrative authority shall be the designated agent from the building and code compliance sector and the cross connection control officer.

(c)

Reserved.

(Code 1975, § 40-24.1; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 13, 2-28-94; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 60, 4-23-01; Ord. No. 3757, § 2, 10-28-25)

The type of protective device required under Section 74-157(a) shall depend upon the degree of hazard which exists as follows in the case of any premises where:

(1)

There is an auxiliary water supply as stated in Section 74-157(a)(1) and it is not subject to any of the following rules, the city water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention device.

(2)

There is water or substance that would be objectionable but not hazardous to health, if introduced into the city water system, the city water system shall be protected by an approved double check-valve assembly.

(3)

There is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the city water system, the city water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

(4)

There are uncontrolled cross connections, either actual or potential, the city water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention device at the service connection.

(5)

Because of security requirements or other prohibitions or restrictions it is impossible or impractical to make a complete in-plant cross connection survey, the city water system shall be protected against backflow or backsiphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises.

(6)

Reserved.

(Code 1975, § 40-24.2; Ord. No. 1278, 9-12-83; Ord. No. 3757, § 3, 10-28-25)

The water system shall be considered as made up of two parts: the utility system and the customer system. The utility system shall consist of the source facilities and the distribution system and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer's system begins. The source shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system. The distribution system shall include the network of conduits used for the delivery of water form the source to the customer's system. The customer's system shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered domestic water to points of use.

(Code 1975, § 40-25; Ord. No. 1278, 9-12-83)

No water service connection to any premises shall be installed or maintained that has a condition noted in Section 74-157(a) unless the water supply is protected as required by state statutes and regulations of the state department of health and as required by this article. Service of water to any premises shall be discontinued by the city development department if a backflow prevention device required by this article is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

(Code 1975, § 40-26; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 61, 4-23-01; Ord. No. 3757, § 4, 10-28-25)

The customer's water system should be open for inspection at all reasonable times to authorized representatives of the city development department to determine whether cross connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the deputy city manager - city development department shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition in conformance with state statutes and this Code relating to plumbing and water supplies and the regulations adopted pursuant thereto.

(Code 1975, § 40-27; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 62, 4-23-01)

When as a result of inspection by authorized representatives of the infrastructure department a condition involving violation of this article resulting in a health or sanitary hazard is determined to exist, the director or designee, notwithstanding the provisions of Section 74-123 et seq., will immediately discontinue service to the premises until the customer has corrected the condition in conformance with this article. With respect to any other violation of these regulations determined to exist by the director or designee or when the building and code compliance director deems a building to be a dangerous building under the terms and conditions of the Uniform Code for the Abatement of Dangerous Buildings, adopted in Section 10-159, and has posted the building prohibiting occupancy, and upon compliance with Section 74-123, the director or designee may discontinue service to the premises until the customer has corrected the condition or, in the case where the building and code compliance director has declared a building to be dangerous, until such time as the building and code compliance director has verified that the building is no longer dangerous.

(Code 1975, § 40-28; Ord. No. 1278, 9-12-83; Ord. No. 2176, § 1, 7-13-92; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 63, 4-23-01)

(a)

Any backflow prevention devices required in this division shall be of a model and size approved by the deputy city manager - city development department. The term "approved backflow prevention device" shall mean a device that has been manufactured in full conformance with the Standards and Specifications and that has met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCC and HR) of the University of Southern California established by Specifications of Backflow Prevention Devices, No. 69-2, dated August 1980, which is adopted by reference as the city laboratory and field performance specifications. The FCCC and HR standards and specifications have been adopted by the city. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with the AWWA standards and FCCC and HR specifications.

(b)

The following testing laboratory has been qualified by the deputy city manager - city development department to test and certify backflow preventers: Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA 90007.

(c)

Testing laboratories other than the laboratory listed in subsection (b) of this section will be added to an approved list as they are qualified by the deputy city manager - city development department. Backflow preventers which may be subjected to back pressure or back siphonage that have been fully tested and have been granted a certificate of approval by the qualified laboratory and are listed on the laboratory's current list of approved devices may be used without further test or qualifications.

(Code 1975, § 40-29; Ord. No. 1278, § 9-12-83; Ord. No. 2663, § 64, 4-23-01)

It shall be the duty of the customer/user at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the deputy city manager - city development department deems the hazard to be great enough, the deputy city manager - city development department may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the device manufacturer's representative, by certified city infrastructure department personnel or by a certified tester approved by the deputy city manager - city development department. The customer/user shall notify the deputy city manager - city development department in advance when the tests are to be undertaken so that the deputy city manager - city development department may witness the tests if it is so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer/user whenever the devices are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the deputy city manager - city development department.

(Code 1975, § 40-30; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 65, 4-23-01)

All installed backflow prevention devices which do not meet the requirements of this division but which were approved devices for the purposes described in this division at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Section 74-164, be excluded from the requirements of these rules so long as the deputy city manager - city development department is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the deputy city manager - city development department finds that the device constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this division.

(Code 1975, § 40-31; Ord. No. 1278, 9-12-83; Ord. No. 2663, § 66, 4-23-01)

Water, sewer, and stormwater service charges shall be as established by ordinance.

(Code 1975, § 40-93; Ord. No. 3512, § 2, 12-18-18)

Editor's note— Ord. No. 3512, § 2, adopted Dec. 18, 2018, changed the title of § 74-362 form "Fixed" to "Charges," as set out herein.

(a)

Water charges for metered service that has been rendered shall be paid in accordance with the rates established by ordinance and shall be payable ten days after the billing date. This due date is stated on each bill.

(b)

Such statement shall become delinquent 40 days from the date posted as the due date. Water is subject to turnoff whenever a statement therefor has become delinquent, provided that the infrastructure department shall give five days' written notice before actually turning off the water for nonpayment. Such notice shall be mailed to the owner or occupant or shall be delivered either to the owner or occupant of the premises for which the charge is due. The obligation to pay promptly for water service is not in any way affected by the failure of the owner or the occupant of the premises served to receive a statement for the service.

(Code 1975, § 40-83; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2864, § 9, 11-23-04)

(a)

Sewer and stormwater service charges that have been rendered shall be paid in accordance with the rates established by ordinance and shall be payable ten days after the billing date. This due date is stated on each bill.

(b)

Such statement shall become delinquent 40 days from the date posted as the due date. Such notice shall be mailed to the owner or occupant or shall be delivered either to the owner or occupant of the premises for which the charge is due. The obligation to pay promptly for sewer and stormwater service is not in any way affected by the failure of the owner or the occupant of the premises served to receive a statement for the service.

(Code 1975, § 40-84; Ord. No. 1278, 9-12-83; Ord. No. 2864, § 10, 11-23-04; Ord. No. 3512, § 3, 12-18-18)

Payment of water and sewer charges for uses occurring when the water meter is inoperative or where there is a malfunctioning meter shall be established in the following manner:

(1)

Charges established. In addition to fixed utilities services and other charges, rates and fees charged to water and sewer customers, water charges imposed to compensate for the quantity of water consumed and sewer charges based thereon shall, in the event of an inoperative or malfunction meter, be established in the following manner:

a.

Residential accounts. Residential account charges shall be determined on the basis of the customer's preceding winter (November through February) meter readings. In the event that such information is not available, the winter average shall be ascertained from the general average of residential accounts of the same classification for the preceding winter.

b.

Commercial accounts. Commercial and industrial account charges shall be determined on the basis of the average of the customer's preceding annual meter readings. In the event that such information is not available, the annual average shall be ascertained from the average commercial or industrial accounts of the same classification for the preceding year.

c.

Rate basis. The rates applicable to the water and sewer charges shall be based on the rates established by the city applicable to the period of meter malfunction.

d.

Billing date. Any amount due the city determined pursuant to this section shall be billed to the customer on the next regular billing statement following determination, which amount, in addition to current charges, shall be timely paid by the customer. In the event of undue hardship, the customer may request the director to permit payment of back-billed charges in monthly installments, such installments to be paid in conjunction with the full payment of current charges.

(2)

Exceptions for meter tampering. Nothing in this section shall be construed to limit or abrogate the civil penalties or the rights of the city to assert and enforce an action for penalties against persons who bypass, tamper or engage in unauthorized metering as set forth in C.R.S. § 18-4-506.5 or to serve as any defense to a criminal action to sanction such tampering as contemplated by the laws of the state or the Charter and ordinances of the city.

(Code 1975, § 40-84.1; Ord. No. 1911, 9-25-89)

Any unauthorized use of water supplied by the city shall be paid for at the same rate as if the use had been authorized, together with the cost incurred by the city in discovering and eliminating the unauthorized use. Such payment shall not in any way affect any statutory or other liability which may have attached by reason of such unauthorized use.

(Code 1975, § 40-85; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 78, 4-23-01)

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

(Code 1975, § 40-43; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01)

(a)

One separate and independent building sewer shall be provided for each structurally independent living or dwelling unit unless otherwise specified by the director or designee.

(b)

Regardless of common ownership, each structurally independent building shall be serviced by a separate water service connection to the main, with a separate water meter. Each such connection shall constitute a single account for water service. In the exercise of reasonable discretion, the director or designee may determine that an alternative method of providing water service to a building may be more suitable in the operation of the city utility system. Buildings are considered structurally independent if they do not have a common foundation, walls and roof.

(1)

Exemption. Any building, whether completed or not, for which a valid building permit was issued on or before the effective date of this article, December 17, 1984, shall be exempt from the requirement of a separate water meter for each separate service connection.

(2)

Exemption. Notwithstanding any code provision to the contrary, by intergovernmental agreement the city may, at its sole discretion, provide water to districts which provide water to the City of Thornton residents.

(3)

The extension of water service from an existing service connection to another building, property or premises, for which proper application for water service has not been made, shall subject the customer to termination of service without liability on the part of the city for any damages suffered as a result thereof.

(4)

Exemption. Accessory dwelling units, as defined in Section 18-339, that comply with the provisions of Section 18-339 shall be exempt from the requirements for a separate and independent building sewer and a separate water service connection to the main, with a separate water meter.

(Code 1975, § 40-44; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 21, 2-28-94; Ord. No. 2497, § 1, 2-23-98; Ord. No. 2663, § 67, 4-23-01; Ord. No. 3183, § 5, 10-11-11; Ord. No. 3745, § 58, 8-26-25)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(Code 1975, § 40-46; Ord. No. 1278, 9-12-83)

No person shall make connection of roof downspouts, sump pumps, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the infrastructure department.

(Code 1975, § 40-47; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01)

All development, subdivision, three-party escrow and letter of credit agreements to construct and maintain necessary sewer collection and other improvements shall be approved by the city.

(Code 1975, § 40-48; Ord. No. 1278, 9-12-83; Ord. No. 2231, § 4(B), 2-8-93)

Developers and contractors may be required to provide irrevocable letters of credit, substitute security or collateral, and maintenance bonds for water and sewer system improvements with the city to provide protection against the following situations. The city may enter into such other agreements with developers or contractors as may adequately protect the city's interest.

(1)

Work performed by the city by reason of default by the contractor.

(2)

Necessary repair of damages caused by the contractor.

(3)

Necessary repairs caused by installing defective material.

(4)

Necessary repairs caused by poor installation techniques.

(5)

Costs the city must recover due to the contractor's failure to perform in accordance with these standards.

(Code 1975, § 40-49; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 22, 2-28-94)

The applicant for the building sewer permit shall notify the infrastructure department or engineering and inspection division when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the engineer.

(Code 1975, § 40-53; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 23, 2-28-94; Ord. No. 2656, § 43, 2-12-01)

No person shall uncover, make any physical connection to, use, alter, or disturb any pipe, public sewer, water facility, or appurtenance thereof or to any privately or publicly owned extension thereof for any purpose without first obtaining a permit from the city, except as otherwise specifically authorized. An application for a permit to make such connections, use, alteration, or disturbance shall be filed with the infrastructure department, in writing, by the owner or an authorized agent. Such applicant shall sign an application for service, giving a full description of the premises to be served, together with the location of the premises and the use. When such application shall be made by a licensed plumber, duly authorized, a permit for the work necessary will be granted upon the giving of proper assurance to the deputy city manager - infrastructure department that its specifications and rules respecting connections will be fully observed.

(Code 1975, § 40-72; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 33, 2-28-94; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 68, 4-23-01)

All work in connection with water and sewer pipes or fixtures connected or to be connected to the city waterworks system or sewer system shall be done by a licensed plumber.

(Code 1975, § 40-73; Ord. No. 1278, 9-12-83)

The tapping of any water or sewer main for the purpose of making a connection shall be performed by a licensed city contractor at the expense of the owner.

(Code 1975, § 40-74; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 34, 2-28-94; Ord. No. 2699, § 1, 12-11-01; Ord. No. 2864, § 8, 11-23-04)

Permits required under this part shall be issued under measured meter rate service for periods of one month, beginning as nearly as may be on the first day and ending on the last day of each calendar month or for a period between monthly meter readings.

(Code 1975, § 40-76; Ord. No. 1278, 9-12-83)

(a)

Temporary connections to the water system for special purposes may be granted in proper cases upon application. Special purposes are defined to be connections which are temporary in nature, nonrepetitive and nonrecurring, and deemed by the director or designee to be necessary for the public health, safety and welfare.

(b)

Applications for water for building purposes will be approved only upon confirmation of a valid construction permit issued by the city. In all cases, payment of a deposit in advance for the temporary connection to the water system shall be a condition precedent to the approval of an application for an attachment to the water system for use under such permit. When the use of water has terminated, the user shall contact utility billing to schedule an appointment to present the meter for reading and once billed, pay any amounts still due for the service which exceed the deposit.

(c)

Applications for temporary fire hydrant use may be approved for an applicant at the discretion of the director or designee for uses that are nonrepetitive, nonrecurring and deemed to be necessary for the public health, safety and welfare. The approved user shall comply with all terms and conditions of the approved fire hydrant use application. Failure to comply with the terms of the approved application or access and use to fire hydrant water without an approved application is a violation of this Section and is punishable in accordance with Section 1-8 of the Thornton City Code.

(d)

Applicants will be required to provide a test report for an approved backflow prevention device as defined in Section 74-163, with such test having been completed within 30 days prior to temporary water service connection. Approved applicants must supply a monthly reading for billing purposes. Failure to timely provide the monthly readings, or the provision of incomplete or inaccurate readings will result in an additional fee of $50.00 per incident. Approved applicants must bring the hydrant meter into city staff every six months for inspection and reading verification.

(e)

Fees and charges for temporary connections to the water system and usage thereof shall be assessed in accordance with the water rate ordinance of the city.

(Code 1975, § 40-77; Ord. No. 1278, 9-12-83; Ord. No. 2173, § 2, 7-13-92; Ord. No. 2656, § 43, 2-12-01; Ord. No. 2663, § 69, 4-23-01; Ord. No. 3716, § 1, 12-3-24)

A water service permit shall be binding upon all successive owners and property, subject to these rules and regulations. The permit shall be for exclusive service from the city; no other system shall be utilized to serve the permittee. No water user in or upon any premises to which water is supplied, pursuant to permit issued by the city, shall supply, allow or permit the supply of water to any premises other than the premises described in the permit.

(Code 1975, § 40-78; Ord. No. 1278, 9-12-83)

None of the privileges or rights granted to any permittee under this subdivision shall be assigned or sublet in any manner whatsoever. No water user in or upon any premises to which water is supplied shall supply water to any other person unless and until such person shall have procured from the office of the infrastructure department a permit therefor. No sewer user shall permit any other person to use the service line on such user's property until such person has procured from the office of the infrastructure department a permit therefor.

(Code 1975, § 40-82; Ord. No. 1278, 9-12-83; Ord. No. 2656, § 43, 2-12-01)

None of the following business operations conducted in the city and discharging into the municipal sewer system shall discharge into the municipal sewer system without the use of a sand/grease interceptor meeting minimum specifications and requirements established by the public works sector:

(1)

Food serving, food preparing and food catering establishments.

(2)

Meat cutting establishments.

(3)

Fish, fowl, or animal slaughter houses.

(4)

Silk factory, tallow rendering, fat rendering or hide curing establishments.

(5)

Car washes.

(6)

Automotive service stations.

(7)

Any other business or industry discharging floatable grease in excessive amounts or substantial amounts of sand into the municipal sewer system, as determined by the deputy city manager - infrastructure department.

(Code 1975, § 40-42.1; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90; Ord. No. 2306, § 18, 2-28-94; Ord. No. 2663, § 70, 4-23-01; Ord. No. 3272, § 11, 10-8-13)

Prior to installation of a sand/grease interceptor pursuant to this article, plans and specifications for the construction thereof shall be submitted to the public works sector for review and approval. Such plans shall meet the minimum Standards and Specifications established by the division for such construction.

(Code 1975, § 40-42.2; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90; Ord. No. 2663, § 71, 4-23-01; Ord. No. 3272, § 12, 10-8-13)

The city shall conduct inspections on a monthly basis or as needed of all sand and grease interceptors. The inspection shall be for the purpose of determining that the sand/grease interceptors are properly maintained and operated. Inspectors may inspect such facilities of any customer subject to this article, and persons or occupants of premises where sand/grease interceptors are utilized shall allow the inspector or other city representatives ready access at all reasonable times to the sand/grease interceptors area for the purpose of inspection or otherwise in the performance of their duties.

(Code 1975, § 40-42.3; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90; Ord. No. 2306, § 19, 2-28-94)

In the event a sand/grease interceptor fails the monthly inspection, the owner or occupant of the premises shall be allowed a period of two weeks in which to bring the facility into compliance with the city requirements. In the event that the interceptor still does not meet the Standards and Specifications, the lines/meter maintenance division will contract to have the necessary work performed to bring the facility into compliance and the cost thereof shall be added to the owner/occupant's sanitary sewer billing and collected in accordance with sewer billing collection procedures.

(Code 1975, § 40-42.4; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90)

In order to allow adequate time for installation of sand/grease interceptors where required by Section 74-251, the installation requirements set forth in this part and the requirement for installation of sand/grease interceptors shall be fully complied with by each customer identified in Section 74-251 whose establishment is in operation but who has not constructed such facilities upon the effective date of this article within six months from the date of the customer's receipt, by certified mail or personal service, of a notice of violation issued by the infrastructure operations director. The notice shall be directed to the person whose name appears on the customer's utility account with the city, and receipt of the notice by such person shall constitute receipt by the customer. The infrastructure operations director may reduce the six-month period for compliance for any or all such customers if the infrastructure operations director determines that the reduction is necessary for the efficient operation of the sewer system and if a notice of the reduced period of compliance is published pursuant to Section 2-1.

(Code 1975, § 40-42.5; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90; Ord. No. 2663, § 72, 4-23-01; Ord. No. 3272, § 13, 10-8-13; Ord. No. 3392, § 21, 8-9-16; Ord. No. 3476, §§ 21, 7-10-18)

Any customer whose operation otherwise meets the criteria set forth in Section 74-251 and who has not installed a sand/grease interceptor as of the date specified in Section 74-255 may, by written request submitted to the public works director within 30 calendar days of receipt by certified mail or personal service, as provided in Section 74-255, of a notice of violation, seek an exemption from compliance or an extension period for compliance with this article. Such request shall identify the type of operation and shall contain such other information as reasonably required by the public works director to enable the public works director to act upon the request, including scheduled completion dates, work contracts and invoices, and permits applicable. An exemption may be granted only upon determination by the public works director that the amount of sand/grease in the customer's discharge is or will be no greater than the amount of sand/grease set forth in Section 74-251(7). Any such determination of the public works director may be appealed in accordance with Section 74-128.

(Code 1975, § 40-42.6; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90; Ord. No. 2306, § 20, 2-28-94; Ord. No. 2663, § 73, 4-23-01; Ord. No. 3272, § 14, 10-8-13)

The requirements of this part shall be in addition to and shall supplement any provisions of the plumbing code dealing with the subject matter of this part, as such code has been adopted by the city pursuant to Section 10-153.

(Code 1975, § 40-42.8; Ord. No. 1662, 4-13-87; Ord. No. 1987, § 1, 6-25-90)

(a)

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the publicly-owned treatment works (POTW). These general prohibitions apply to all such users of a POTW, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:

(1)

Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than five percent or any single reading over ten percent of the lower explosive limit (LEL) as measured by the meter. Prohibited materials include but are not limited to gasoline, kerosene, fuel oil, mineral oil, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, and any other substance which the city, the state, or the EPA has determined is a fire hazard to the POTW.

(2)

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes, cement, concrete, plaster, gravel, hay, paint, or chemical residues.

(3)

Any wastewater having a pH less than 5.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.

(4)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or exceed the limitation set forth in a categorical standard.

(5)

Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or sufficient to prevent entry for maintenance and repair or for sampling and monitoring.

(6)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(7)

Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

(8)

Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(9)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater containing heat in such amounts that the temperature at the introduction into the POTW treatment plant exceeds 40 degrees Celsius (104 degrees Fahrenheit).

(10)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at flow and/or pollutant concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities or flow during normal operation or which will cause interference to the POTW.

(11)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city in compliance with applicable Metro District, City of Northglenn (where a discharge in the city will be treated by Northglenn POTW), state or federal regulations.

(12)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(13)

Any wastewater which will create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 60 degrees Celsius (140 degrees Fahrenheit) using the test methods specified in 40 CFR 261.21.

(14)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral or petroleum oil origin in amounts that will cause interference or pass through.

(15)

Any wastewater which will result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause worker or public health and safety problems.

(16)

Any trucked or hauled pollutants, including but not limited to commercial, industrial or domestic generated wastes, except at points designated by the POTW.

(b)

When the city or the Metro District determines that a user is contributing to the POTW any of the substances enumerated in subsection (a) of this section in such amounts as to interfere with the operation of the POTW, the city or the Metro District shall advise the user of the impact of the contribution on the POTW and develop effluent limitations for such user to correct the interference with the POTW.

(Code 1975, § 40-54; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2306, § 24, 2-28-94; Ord. No. 2335, § 1, 8-8-94)

Upon the promulgation of a national categorical pretreatment standard for a particular industrial subcategory, the national standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The city or the Metro District shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

(Code 1975, § 40-54.1; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 2, 8-8-94)

No user shall discharge wastewater containing any of the materials and substances in excess of the limitations provided in the Metro District service contract, the intergovernmental sewer service agreement between the city and the City of Northglenn and rules and regulations promulgated pursuant thereto, or the limitations on discharges as set forth in this article.

(Code 1975, § 40-54.2; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2306, § 25, 2-28-94)

State requirements and limitations on sewer discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article. The city's limitations or requirements on discharges shall apply in any case where they are more stringent than state or federal requirements or limitations.

(Code 1975, § 40-54.3; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 26, 2-28-94)

The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this article.

(Code 1975, § 40-54.4; Ord. No. 1278, 9-12-83)

No sewer user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards or in any other pollutant-specific limitation developed by the city or state.

(Code 1975, § 40-54.5; Ord. No. 1278, 9-12-83)

(a)

Generally. Each user of the sewer system shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. (Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city and the Metro District for review and shall be approved by the city or the Metro District before construction of the facility. All existing users shall complete such a plan. No user who commences contribution to the POTW after the effective date of the ordinance from which this article derives shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city or the Metro District. Review and approval of such plans and operating procedure shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.) In the case of any accidental or unusual discharge, it is the responsibility of the user to immediately telephone and notify the city, the Metro District and the City of Northglenn, where a discharge in the city will be treated by Northglenn POTW, of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

(b)

Written notice. Within five days following an accidental discharge, the user shall submit to the city and the Metro District a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

(c)

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

(Code 1975, § 40-54.6; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2335, § 3, 8-8-94)

(a)

No person or user shall dispose of harmful wastes or wastewater or use the city's POTW or cause such to be done contrary to or in violation of any provision of this article.

(b)

Without limiting any other remedy available to the city under this Code, any person or user who is found to have violated an order of the deputy city manager - infrastructure department or the city or who willfully or negligently fails to comply with any provision of this article and the orders, rules, regulations and permits, including any term or condition of any wastewater discharge permit, issued under this article, which violation or noncompliance pertains to regulations implementing the city's industrial wastewater pretreatment program pursuant to the federal act, as defined in C.R.S. § 25-8-103(8), shall be fined not less than $100.00 nor more than the maximum fine authorized by Section 1-8 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this subsection, the city may seek such other relief as authorized by the federal act and may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued under this article.

(Code 1975, § 40-67.1; Ord. No. 2090, 7-22-91; Ord. No. 2306, § 32, 2-28-94; Ord. No. 2663, § 74, 4-23-01; Ord. No. 3266, § 11, 9-24-13)

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater contribution permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished as provided in Section 1-8(b). Each separate day or any portion thereof during which any such violation occurs or continues shall be deemed or constitute a separate offense.

(Code 1975, § 40-67.2; Ord. No. 1278, 9-12-83; Ord. No. 1687, 7-13-87)

(a)

All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution permit. At the time of submittal of a sewer tap application, or a permit, as defined in Section 10-61, a potential industrial user shall submit a completed industrial waste survey to the city.

(1)

If the city determines that an industrial user within the city which is receiving wastewater service from Northglenn is a significant industrial user, the significant industrial user is required to obtain a wastewater contribution permit from the city as set forth in this subdivision.

(2)

If the city determines that an industrial user which is receiving wastewater service from the Metro District may be a significant industrial user, it shall forward the industrial user's industrial waste survey to the Metro District for its final determination of whether the industrial user is a significant industrial user. If the Metro District determines that an industrial user is a significant industrial user, the significant industrial user shall obtain a wastewater contribution permit from the Metro District and shall comply with all Metro District rules and regulations related to the permit.

(b)

An industrial user shall not discharge into the sewer system until either it has been notified that it is not a significant industrial user or that it is a significant industrial user and it has obtained a wastewater contribution permit.

(Code 1975, § 40-55.1; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 4, 8-8-94)

Users required to obtain a wastewater contribution permit from the city shall complete and file with the city an application on the form prescribed by the city. In support of this application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(1)

Name, address and location, if different from the address.

(2)

SIC number according to the Standard Industrial Classification Manual, as amended.

(3)

Time and duration of wastewater discharge.

(4)

Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(5)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(6)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(7)

Wastewater constituents and characteristics, including but not limited to those mentioned in Section 74-281 and any applicable state or national pretreatment standards, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

(8)

A statement regarding whether or not the discharge standards contained in Section 74-281 and applicable state or national pretreatment standards are being met on a consistent basis and, if not, whether additional operations and maintenance and/or additional pretreatment is required for the user to meet the applicable standards.

(9)

If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment or discharge standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

a.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment or discharge standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b.

No increment referred to in subsection (9)a of this section shall exceed nine months.

c.

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the city.

(10)

Each product produced by type, amount, process or processes and rate of production.

(11)

Type and amount of raw materials processed (average and maximum per day).

(12)

Number and type of employees, and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.

(13)

Any other information as may be deemed by the city to be necessary to evaluate the permit application. The city shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to the terms and conditions provided in this part.

(14)

Statement of certification as set forth in 40 CFR 403.6 and signed by the authorized representative of the industrial user.

(15)

A list of any environmental control permits held by or for the facility.

(Code 1975, § 40-55.2; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2306, § 27, 2-28-94; Ord. No. 2335, § 5, 8-8-94)

(a)

With respect to a significant industrial user within the city receiving wastewater service from Northglenn, the city shall issue a wastewater contribution permit to the applicant if the city finds that all of the following conditions are met in that the proposed discharge of the applicant:

(1)

Is in compliance with the prohibitions and limitations of Section 74-281.

(2)

Would permit the normal and efficient operation of the wastewater treatment system.

(3)

Would not result in a violation by the city or the Metro District of the terms and conditions of its NPDES permit or by Northglenn of the terms and conditions of its NPDES permit (where a discharge in the city will be treated by Northglenn POTW).

(b)

If the city finds that the condition set out in subsection (a)(1) of this section is not met, the city may issue a wastewater contribution permit to the applicant if the conditions set out in subsections (a)(2) and (3) of this section are met and if the applicant submits, and the city approves, a schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to ensure compliance with the provisions of this article.

(Code 1975, § 40-55.3; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2335, § 6, 8-8-94)

(a)

In the event an application to the city for a wastewater contribution permit is denied, the city shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.

(b)

Upon receipt of notification of denial of a permit application, the applicant may request and shall be granted a hearing to be held by the director. At such hearing the applicant shall have the burden of establishing that the conditions set out in Section 74-315 have been met and that a permit should be issued.

(1)

The director may conduct the hearing and take the evidence or may designate a representative to:

a.

Issue in the name of the director notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

b.

Take the evidence.

c.

Transmit a report of the evidence and hearing, including transcripts and other evidence, to the director together with recommendations for action thereon.

(2)

Testimony taken at any public hearing shall be under oath and shall be tape recorded. The transcript, as recorded, shall be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

(3)

Upon review of the evidence by the director, in consultation with the city attorney, the director shall make written findings of fact. Thereupon the director may issue a wastewater contribution permit or direct that such permit shall not be issued or give such other or further orders and directives as are necessary and appropriate.

(4)

Any party to the hearing aggrieved or adversely affected by an order of the director may appeal such order to the district court in and for the county pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(Code 1975, § 40-55.4; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 7, 8-8-94; Ord. No. 2663, § 75, 4-23-01)

Wastewater contribution permits issued by the city shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

(1)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

(2)

Limits on the average and maximum wastewater constituents and characteristics.

(3)

Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.

(4)

Requirements for installation and maintenance of inspection and sampling facilities.

(5)

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

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports.

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto.

(9)

Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.

(10)

Requirements for notification and control of nonroutine, episodic discharges, including but not limited to accidental spills, slug discharges or noncustomary batch discharges.

(11)

Other conditions as deemed appropriate by the city to ensure compliance with this article.

(12)

Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.

(13)

Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law.

(14)

Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule, but such schedules may not extend the compliance date beyond federal guidelines.

(Code 1975, § 40-55.5; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2306, § 28, 2-28-94; Ord. No. 2335, § 8, 8-8-94)

Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users within the city which are receiving wastewater service from Northglenn and which are subject to such standard shall be revised to require compliance with such standard within the timeframe prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by Section 74-314, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the city within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by Section 74-314(8) and (9).

(Code 1975, § 40-55.6; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 9, 8-8-94)

Permits issued by the city under this part shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance, accompanied by a completed wastewater contribution permit application, a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just causes exist. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Code 1975, § 40-55.7; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 29, 2-28-94; Ord. No. 2335, § 10, 8-8-94)

Wastewater contribution permits issued by the city are issued to a specific user for a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

(Code 1975, § 40-56; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 11, 8-8-94)

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user with a wastewater contribution permit issued by the city subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by pretreatment standards and requirements and the average and maximum daily flow for those process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operations and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

(Code 1975, § 40-57.1; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 12, 8-8-94)

(a)

Any user with a wastewater contribution permit issued by the city subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report covering the preceding six months and indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of average and maximum daily flows for the reporting period for all regulated processes. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the reports are to be submitted.

(b)

The city may impose mass limitations on users with a wastewater contribution permit issued by the city which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city of pollutants contained therein which are limited by the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

(Code 1975, § 40-57.2; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2335, § 13, 8-8-94)

(a)

The city and/or the Metro District may require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(b)

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(c)

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.

(d)

The city may randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by the industrial users, occasional and continuing noncompliance with pretreatment standards, and inspect and sample the effluent from each significant industrial user at least once a year per 40 CFR 403.8(f)(2)(v).

(Code 1975, § 40-58; Ord. No. 1278, 9-12-83; Ord. No. 2306, § 30, 2-28-94; Ord. No. 2335, § 14, 8-8-94)

The city and/or the Metro District may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative or representatives of the Metro District or representatives of the City of Northglenn (for users within the city which are receiving wastewater service from Northglenn), ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, the Metro District, the City of Northglenn (for users within the city receiving wastewater service from Northglenn), the state department of health and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with the user's security guards so that, upon presentation of suitable identification, personnel from the city, the Metro District, the City of Northglenn (for users within the city receiving wastewater service from Northglenn), the state department of health and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(Code 1975, § 40-59; Ord. No. 1278, 9-12-83; Ord. No 1488, 10-3-85; Ord. No. 2335, § 15, 8-8-94)

(a)

Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city with wastewater contribution permits issued by the city shall be provided, operated and maintained at the user's expense. (Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city and will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.) Such categorical pretreatment standards are referenced within Metro District rules and regulations governing the operation, use and services of the system. Section 6 of such rules and regulations concerning specific pretreatment/industrial waste control rules and regulations and any federal pretreatment standards as they exist or are modified from time to time are adopted in their entirety. All other sections or parts of sections inconsistent or conflicting with any part of such Section 6 are repealed to the extent of such inconsistency or conflict.

(b)

The city shall annually publish, pursuant to Section 2-1, a list of industrial users with wastewater contribution permits issued by the city in significant noncompliance with applicable pretreatment requirements in accordance with definitions and regulations as set forth in 40 CFR 403.8.

(c)

All records relating to compliance with pretreatment standards shall be made available to the city, officials of the Metro District, the City of Northglenn (for all users within the city receiving wastewater service from Northglenn), the EPA or the approval authority upon request.

(Code 1975, § 40-60; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85; Ord. No. 2169, 6-22-92; Ord. No. 2306, § 31, 2-28-94; Ord. No. 2335, § 16, 8-8-94; Ord. No. 3392, § 21, 8-9-16; Ord. No. 3476, §§ 22, 7-10-18)

(a)

Under this part, information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(b)

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(c)

Information accepted by the city as confidential shall not be transmitted to any governmental agency, excepting the Metro District, the City of Northglenn (where a discharge in the city will be treated by Northglenn POTW) or to the general public by the city until and unless a ten-day notification is given to the user.

(d)

Notwithstanding the termination of service procedures appearing in Sections 74-124 to 74-126, by reason of the threat to public health, safety and welfare implication of violation of this article, the procedure in Section 74-327 shall apply in the event of such actual or threatened violation.

(Code 1975, § 40-61; Ord. No. 1278, 9-12-83; Ord. No. 1488, 10-3-85)

(a)

The city and/or the Metro District may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city and/or the Metro District, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment or causes interference to the POTW.

(b)

Any person notified by the city of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence.

(Code 1975, § 40-62; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 17, 8-8-94)

Any user who violates any conditions of this article, or applicable state and federal regulations, is subject to having its wastewater contribution permit issued by the city revoked. Grounds for permit revocation include but are not limited to:

(1)

Failure of a user to factually report the wastewater constituents and characteristics of the discharge;

(2)

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3)

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

(4)

Violation of conditions of the permit.

(Code 1975, § 40-63; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 18, 8-8-94)

Whenever the city or the Metro District finds that any user has violated or is violating this article, the wastewater contribution permit or any prohibition, limitation or requirements contained in this article, the city or the Metro District may serve upon such person a written notice stating the nature of the violation. As appropriate, a plan for the satisfactory correction thereof shall be submitted to the city or the Metro District by the user.

(Code 1975, § 40-64; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 19, 8-8-94)

(a)

Upon a finding by the city that a person has caused or permitted an unauthorized discharge or that any such unauthorized discharge has not been corrected by timely compliance with a correction schedule, whether with or without a meeting with the city, the city may order any person who causes or allows such unauthorized discharge to show cause before the city why an enforcement action should not be taken. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the city regarding the violation and the proposed enforcement action and directing the offending party to show cause before the city why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail at least ten days before the hearing. Service may be made on any agent or officer of a corporation. The director may conduct the hearing and take the evidence, or may designate a representative to:

(1)

Issue in the name of the director notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.

(2)

Take the evidence.

(3)

Transmit a report of the evidence and hearing to the director, including transcripts and other evidence, together with recommendations for action thereon.

(b)

At any public hearing, testimony taken before the hearing authority of any person designated by it shall be under oath and tape recorded. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

(c)

Upon review of the evidence by the director in consultation with the city attorney, the director shall make written findings of fact. Thereupon the director may:

(1)

Issue an order stating that no unauthorized discharge has occurred and directing that service shall not be terminated therefor;

(2)

Issue an order stating that an unauthorized discharge has occurred and directing that, following a specified time period, the wastewater treatment service of the offending party be discontinued unless:

a.

Adequate treatment facilities, devices or other appurtenances shall have been installed; or

b.

Existing treatment facilities devices or other appurtenances are properly operated or maintained; or

(3)

Issue such order or further orders and directives as are necessary and appropriate.

(d)

Any party to the hearing aggrieved or adversely affected by an order of the director may appeal such order to the district court in and for the county pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(Code 1975, § 40-65; Ord. No. 1278, 9-12-83; Ord. No. 2335, § 20, 8-8-94; Ord. No. 2663, § 76, 4-23-01)

If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the district court of this county.

(Code 1975, § 40-66; Ord. No. 1278, 9-12-83; Ord. No. 2663, § 77, 4-23-01)