(c) Fort Lewis College. Rates for water provided to Fort Lewis College shall be as follows:

(d) Raw water usage. Unless otherwise specified by contractual agreement, all users of raw or untreated water from the city water utility shall pay a volume charge of $0.94 per one thousand (1,000) gallons of consumption.

(e) Outside city users.

(Code 1962, § 3-3-14; Ord. No. 1987-4, § 1, 3-3-87; Ord. No. 1995-18, § 1, 7-18-95; Ord. No. 1997-34, § 1, 12-16-97; Ord. No. O-2001-26, § 2, 12-18-2001; Ord. No. O-2002-36, § 1, 12-17-02; Ord. No. O-2003-44, § 1, 12-16-03; Ord. No. O-2004-41, § 1, 12-21-04; Ord. No. O-2005-34, § 1, 12-20-05; Ord. No. O-2006-34, § 1, 12-5-06)

(a) All connections to the city water distribution system shall be metered. Each meter shall be of sufficient size to ensure that the peak demand required does not exceed eighty (80) percent of the recommended meter capacity as set forth by the American Water Works Association.

(b) All meters, meter pits and covers, meter risers, remote reads, generators and all other appurtenances shall be furnished by the city at the expense of the property owner. The city shall maintain and repair all meters and the meters shall remain the property of the city. All meters shall be installed by the owner of the property at his own expense on the premises where the water is to be furnished and all installation of water meters shall be under the direction and supervision of the public works director.

(c) It shall be unlawful for any person, except for the public works director or someone authorized by him, to unlock, interfere with or molest any meter belonging to the city.

(d) All meters installed must be put in an accessible place for reading and servicing. The building inspector, public works director or city manager shall have authority, after thirty (30) days' notice to cause to be relocated any meters that are in an inaccessible location. The building inspector, public works director or city manager shall also have the authority to designate the location of any meter installed.

(Code 1962, § 3-3-15)

(a) Any applicant desiring to take and use water from the water utility of the city shall pay to the city through the office of finance a water plant investment fee pursuant to the schedule of plant investment fees then in effect pursuant to resolution duly adopted by the city council. No water connection shall be made to the city water utility until such time as the plant investment fee has been paid. The plant investment fees authorized by resolution of the city council shall not apply to a water connection to the city water utility exclusively for the purpose of providing a sprinkling system for fire protection within a structure.

(b) Plant investment fees for water users connected to the city water utility from points outside the municipal boundaries of the city shall be payable directly to the city and shall be payable prior to any connection to the city water utility.

(Code 1962, § 3-3-15)

Whenever, in the opinion of the city manager, a shortage of the city's water supply exists or is threatened from any cause, the city manager may, by order published in a daily newspaper circulated within the city, prohibit the use of city water for irrigation, shorten the hours for irrigation, change the hours of permitted irrigation, provide for the irrigation of different parts of the city on different days, or impose other restrictions necessary to preserve the city's water supply. Such restrictions, including prohibition of the use of city water for irrigation, shall remain in effect until the next meeting of the city council, at which time the council, by resolution, shall confirm, modify or annul the order of the city manager. The resolution adopted by the city council shall be published in the same manner as the original order promulgated by the city manager.

Any use of city water for irrigation purposes in a manner or to an extent which is prohibited by the city manager's order or the resolution adopted by the city council is declared to be a violation of this Code and shall be punishable in accordance with the following schedule:

The city manager shall designate such officers or employees of the city as he may deem appropriate to enforce the provisions of this section. The penalties set forth herein shall be in lieu of and not in addition to the general penalties for violations of chapter 25, as set forth in section 25-58.

(Code 1962, § 3-3-17; Ord. No. O-2002-22, § 1, 9-17-02)

All contracts for the use of water shall be made in the name of the owner of the property. The charge shall be a lien on the property where water is used.

(Code 1962, § 3-3-18)

If any assessments for water rents, sanitation or sewer shall remain unpaid thirty (30) days after the due after for the statement for such services, the city may issue a notice in substantially the following form:

(Code 1962, § 3-3-19; Ord. No. 1989-18, § 1, 10-17-89; Ord. No. 1991-20, § 3, 1-7-92)

(a) If the notice described in section 25-35 is sent and full payment is not made within ten (10) days after the date of such notice and no request for a hearing concerning disputed billing is made by the recipient of such notice, the water service, sewer service or sanitation service for which the billing is made shall be discontinued until the full amount due to the city, including the applicable service charge for reconnection of service, has been paid.

(b) Nothing in this section shall be construed as to prevent the city from using other lawful means of collecting the assessments referred to in this article.

(Code 1962, § 3-3-20; Ord. No. 1989-18, § 2, 10-17-89)

When a subdivider or other person doing the construction finds it necessary to construct sewer lines or waterlines through undeveloped areas or areas not served by sewer lines or waterlines in order to serve a platted subdivision or other property, the entire cost of such sewer line or waterline shall be paid by the subdivider or person constructing the same unless oversize main provisions are applicable. At the time of annexation, or as the property abutting such sewer or sewer line is developed and connections are made to the same, the city may collect a charge per front foot based upon the original construction cost and, if so collected, shall reimburse the original subdivider or constructor to the extent of the collection so made; provided, however, that in no event shall such reimbursement exceed the total cost of the sewer line or waterline. A subdivider's or constructor's right to reimbursement under the provisions of this section shall terminate seven (7) years after execution of the sewer line or waterline extension contract.

(Code 1962, § 3-3-21)

Pursuant to the authority of C.R.S., section 31-20-105, the city council does hereby elect to certify to the county treasurer for collection of any and all delinquent water service charges due and payable to the city, to be collected by the county treasurer and paid over to the city in the same manner as ad valorem real property taxes are authorized to be collected pursuant to C.R.S., Title 31.

(Ord. No. 1991-20, § 1, 1-7-20)

DIVISION 1. GENERALLY

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

B.O.D. ((denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter (mg/l).

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) 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.

Director means the director of public works of the city or his authorized representative.

Domestic-only waste means (1) Wastewater from normal residential activities, includes, but is not limited to, wastewater from kitchen, bath, and laundry facilities, or (2) wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, noncommercial sinks, and similar structures) of commercial, industrial or institutional buildings, provided that the wastewater exhibits characteristics which are similar to those of wastewater from normal residential activities. Specifically excluded from this definition is wastewater from commercial, industrial, or institutional laundries or food preparation facilities.

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

Individual wastewater disposal system means a septic tank, cesspool, or similar self-contained receptacle or facility which collects and /or treats or otherwise disposes of domestic, residential wastewater and which is not connected to the wastewater treatment system of the POTW.

Industrial wastes means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

Liquid waste hauler means any person that transports and disposes of domestic-only wastes from individual wastewater disposal systems, grease interceptors, and or industrial wastes.

Manifest means a written document required by the director, or his designee, that specifies, among other things, the source and nature of the waste to be discharged to the designated disposal station.

Manifest system means a system consisting of a document that records information and data on the generation, transportation, and disposal of waste.

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

Permit means the formal written document issued by the director authorizing a person to discharge hauled waste at a POTW designated disposal station.

pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

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

Publicly owned treatment works or POTW means a treatment facility owned and operated by the city which includes devises and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only as they convey wastewater to the POTW treatment facility, and which has jurisdiction over the indirect discharges to and the direct discharges from such treatment facility.

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

Sewerage 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.

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

Sewage works means all facilities for collecting, pumping, treating and disposing of sewage.

Sewer means a pipe or conduit for carrying sewage.

Slug means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation.

Storm drain means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

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

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

(Code 1962, § 8-5-1; Ord. No. O-2001-27, §§ 1, 2, 12-18-2001)

Cross reference(s)--Definitions and rules of construction generally, § 1-2.

(a) It shall be unlawful for any persons to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the city any human or animal excrement, garbage or other objectionable waste.

(b) It shall be unlawful to discharge to any natural outlet within 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.

(Code 1962, § 8-5-2(A), (B))

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Code 1962, § 8-5-6)

(a) The director of public works and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The director shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b) While performing the necessary work on private properties referred to in subsection (a) of this section, the director shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 25-93.

(c) The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Code 1962, § 8-5-7)

(a) No trailer coaches shall be parked in any trailer coach park unless they have connections to city water and city sanitary sewage facilities; provided however, that if either city water or city sanitary sewage facilities are not available, then other sources of water and sewage disposal facilities may be used.

(b) Such sources of water and method of disposal of sanitary sewage shall, however, be approved by the building inspector and the county and state prior to the time that any license is issued. There shall be no change in methods of supplying water or sanitary sewer facilities without first obtaining the approval of the county and the building inspector.

(c) No connection to city water and city sanitary sewage facilities shall be necessary in any instance where the trailer court accommodates trailer coaches which are not equipped with facilities for fresh water and do not have built-in sanitary facilities which can be connected to a sanitary sewer. This section is for the purpose of accommodating tourist campers and vacation trailers, usually, but not always self-propelled and commonly used for vacation traveling, and not occupied on a permanent basis; and provided further, that trailer courts or trailer parks accommodating only the above-described camper trailers shall not allow any trailer coach with built in sanitary facilities which can be connected to the city water and sewage facilities to park in this type of trailer court. The license for this type of trailer coach park shall be designated as a second class license.

(Code 1962, § 5-6-6)

Any person making connection to the sewer utility of the city shall be subject to the restrictions and regulations set forth in this article.

(Code 1962, § 12-4-3)

All users of the city sewer utility shall be required to pay, as and when due, the applicable charges for sewer service as set forth in section 25-114 and shall also be required prior to the time of connection to the city sewer utility to pay the applicable sewer plant investment fees pursuant to the applicable schedule of fees adopted by resolution of the city council.

(Code 1962, § 12-4-4)

(a) Any person found to be violating any provision of this article except section 25-53 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(b) Any person who shall continue any violation beyond the time limit provided for in subsection (a) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) for each violation. Each twenty-four-hour period in which any such violation shall continue shall be deemed a separate offense.

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

(Code 1962, § 8-5-8)

DIVISION 2. CONNECTIONS

(a) Except as provided in this division, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

(b) The owners of all houses, buildings or properties used for human employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this division, within ninety (90) days after date of official notice to do so, provided that such public sewer is within four hundred (400) feet of the property line.

(Code 1962, § 8-5-2(C), (D))

(a) Where a public sanitary or combined sewer is not available under the provisions of subsection (b) of section 25-71, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

(b) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the director. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the director. A permit and inspection fee of ten dollars ($10.00) shall be paid to the city at the time the application is filed.

(c) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the director. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the director when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the director.

(d) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state water quality control commission. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than three (3) acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(e) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection (d), a direct connection shall be made to the public sewer in compliance with this division. Any such septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

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

(g) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the state water quality control commission.

(h) When a public sewer becomes available, the building sewer shall be connected to such sewer within ten (10) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bankrun gravel or dirt.

(Code 1962, § 8-5-3)

(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the director.

(b) There shall be two (2) classes of building sewer permits:

In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the director. A permit and inspection fee of ten dollars ($10.00) for a residential or commercial building sewer permit shall be paid to the city at the time the application is filed. A permit and inspection fee of twenty-five dollars ($25.00) for establishments producing industrial waste shall be paid to the city at the time the application is filed.

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

(d) A separate and independent building sewer shall be provided for every building; except where one (1) building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer.

(e) Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the director, to meet all requirements of this article.

(f) The size, slope, alignment, materials of construction of a building sewer 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 city building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the latest edition of the A.S.T.M. and W.P.C.F. manual of practice no. 9 shall apply.

(g) 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.

(h) No person shall make connection of roof downspouts, interior and exterior 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.

(i) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the latest edition of the A.S.T.M. and the W.P.C.F. manual of practice no. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the director before installation.

(j) The applicant for the building sewer permit shall notify the director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director.

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

(Code 1962, § 8-5-4)

DIVISION 3. DISCHARGE REGULATIONS

Secs. 25-86, 25-87. Reserved.
Editors Note: Ord. No. O-2003-29, § 2, adopted Sept. 16, 2003, repealed §§ 25-86, 25-87, which pertained to discharge regulations; generally and stormwater; unpolluted drainage; industrial cooling or process waters, respectively and derived from Code 1962, §§ 8-5-5(A)--(B).

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the director of public works. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent of water and sewers, to a storm sewer, combined sewer, or natural outlet.

(Code 1962, § 8-5-5(B))

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(Code 1962, § 8-5-5(C); Ord. No. O-2001-27, § 3, 12-18-2001)

(a) No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the director that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The prohibited substances are:

(b) Where necessary in the opinion of the director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

(c) Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director and no construction of such facilities shall be commenced until such approvals are obtained in writing.

(Code 1962, § 8-5-5(D))

(a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 25-89 and which, in the judgment of the director, may have a deleterious effect upon the sewage works, process, equipment or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the director may:

(b) If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director, and subject to the requirements of all applicable codes, ordinances and laws.

(Code 1962, § 8-5-5(E))

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Code 1962, § 8-5-5(G))

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

(Code 1962, § 8-5-5(F))

When required by the director of public works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

(Code 1962, § 8-5-5(H))

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples).

(Code 1962, § 8-5-5(I))

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

(Code 1962, § 8-5-5(J))

Sec. 25-96. Independent wastewater haulers; permit required.

(a) All transporters of domestic-only waste collected from individual wastewater disposal systems shall maintain an active and updated permit on file with the director. To obtain such permit the transporter will complete and submit a liquid hauler survey report and permit application to the director. The director will assign a permit number to be used by the transporter for subsequent identification and authority to dispose of waste at designated disposal stations.

(b) A waste tracking manifest system will be used by all transporters who dispose of domestic-only waste at the POTW's designated disposal station. The manifest system will consist of a completed manifest signed by the generator and the transporter before arriving at the POTW for disposal. A copy of the manifest will be provided to each generator of domestic-only waste.

(c) Access to designated disposal station will be set by the director, and will be permitted only during established work hours at the POTW, and only when authorized POTW employees are available to receive and sample the transporter's vehicle contents for compliance.

(d) Samples will be collected by the authorized POTW employees and may be tested for compliance with Chapter 25 of the Durango Municipal Code.

(Ord. No. O-2001-27, § 4, 12-18-2001)

Secs. 25-97--25-110. Reserved.

DIVISION 4. RATES AND USER CHARGE SYSTEM*

----------

*Cross reference(s)--Finance, Ch. 2, art. V.

State law reference--Sewer rates; outside area of jurisdiction, C.R.S. § 31-35-701 et seq.

----------

Unless the context specifically indicates otherwise, the meaning of terms used in this division shall be as follows:

Normal domestic wastewater means wastewater that has a BOD concentration of not more than three hundred (300) mg/l and a suspended solids (SS) concentration of not more than three hundred (300) mg/l. Normal domestic wastewater is considered to have a concentration which may generally range from approximately one hundred twenty-five (125) to three hundred (300) mg/l of both BOD and SS.

Operation and maintenance means all expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

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

Residential contributor means dwellings or structures used for residential purposes and that contain no more than two (2) families or groups of individuals living independently of each other in separate apartments. Residential dwellings containing three (3) families or more or three (3) apartments or more shall be classified as industrial and commercial for purposes of this division.

SS (denoting suspended solids) means solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

Treatment works means any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system of preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

Useful life means the estimated period during which a treatment works will be operated.

User charge means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

Water meter means a water volume measuring and recording device, furnished or installed by the city.

(Code 1962, § 8-5A-2)

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city's treatment works. The proceeds of such charges so derived will be used for the purpose of operation and maintenance and other related costs as determined by the city council for such public wastewater treatment works.

(Code 1962, § 8-5A-1)

The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and other related sewer system costs which the city may determine by ordinance to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this division.

(Code 1962, § 8-5A-3)

(a) Use determined by water meter. Each user shall pay for the services provided by the city based on his use of the treatment works as determined by water meters acceptable to the city. Each user shall pay for the services provided by the city based on his use of the treatment works as determined by water meters acceptable to the city.

(b) Residential contributors.

(c) Industrial and commercial contributors.

(d) Toxic pollutants. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The strength of effluent shall be determined by the responsible plant operating personnel and users shall be charged the additional surcharge rates as provided by this section.

(e) Applicability.The user charge rates established in this section apply to all users, regardless of their location, of the city's treatment works. .

Sec. 25-115. Review and modification.

(a) The city will review the user charge system at least every two (2) years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including the replacement and to ensure that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

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

(Code 1962, § 8-5A-5)

Pursuant to the authority of C.R.S., section 31-20-105, the city council does hereby elect to certify to the county treasurer for collection of any and all delinquent sewer service charges due and payable to the city, to be collected by the county treasurer and paid over to the city in the same manner as ad valorem real property taxes are authorized to be collected pursuant to C.R.S. title 31.

(Code 1962, § 8-5A-6)

----------

*Cross reference(s)--Finance, § 2-126.

----------

All users of the city water utility and sewer utility shall be entitled to refunds against charges made for water, sewer and sanitation services if such individuals are eligible and qualify pursuant to the provisions of this article.

(Code 1962, § 12-4-5)

The utility refund program is enacted for the purpose of making refunds to certain qualifying low income residential homeowners for purposes of making more equitable the burden placed upon them by the city's charges for water, sewer and sanitation services (hereinafter referred to as utility charges). Such refunds will be expended from the general fund.

(Code 1962, § 8-8-1)

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:

Income means all money received by the residential homeowner and members of his immediate family residing in the residential dwelling during the year which is available for use to provide support for the family or individual. The term encompasses all gross income without offset or deduction for any taxes, expenses or deductions.

Residential means dwellings or structures used for residential purposes and containing no more than two (2) families or groups of individuals living independently of each other.

Residential homeowner means any homeowner who is both the owner of a residential property and a resident of such property located within the city limits.

(Code 1962, § 8-8-2)

Every residential homeowner desiring to make a claim for a utility refund must submit to the city a written application, on forms to be provided by the city, between January 1 and April 15 of the year following the year for which the refund is being applied for. The qualifications for refund include the following:

(Code 1962, § 8-8-3)

If the applicant meets the requirements to qualify for a refund as set forth in section 25-134, the city shall refund the amount indicated by the table set forth in this section based upon the applicant's income level and the number of persons within the applicant's family. The refund will be appropriated from the general fund.

The finance director shall administer the utility refund program established by this article. The finance director is authorized and directed to prepare a form application for the refund program established pursuant to this article and to further adopt rules and regulations for implementation of the utility refund program so long as such rules and regulations are not inconsistent with any provisions contained in this article. The finance director shall be responsible for auditing and checking all applications made under the utility refund program. Application forms prepared by the finance director shall require the applicant to verify and sign the application under oath.

(Code 1962, § 8-8-5)

The burden to establish that the applicant is entitled to a refund under the terms of this article shall be upon the applicant. The finance director is authorized to require reasonable support information from all applicants and such support information shall be uniformly required of any and all applicants applying for utility refunds under the terms of this article. Upon audit, the finance director shall be authorized to require all reasonable written and other information necessary to satisfy the validity of the applicant's claim for a utility refund under the terms of this article. Should any claim be denied by the finance director, the reasons therefor shall be set forth in writing and furnished to the claimant, together with an indication that all or a portion of the claim is being denied. The claimant or applicant shall be entitled, if he so desires, to appear along with the finance director before the city manager for an appeal of the finance director's decision denying the utility refund application, in whole or in part.

(Code 1962, § 8-8-6)

Any person violating the terms of this article through the filing of a false, erroneous or fraudulent application for refund shall be guilty of a violation hereof and upon conviction therefor shall be subject to a fine not to exceed three hundred dollars ($300.00), imprisonment for a period not in excess of ninety (90) days, or both such fine and imprisonment.

(Code 1962, § 8-8-7)

(a) Certain entities herein referred to as "gas companies" are involved in the transportation, distribution and sale of natural gas within the municipal limits of the city through pipelines, mains and other fixed facilities, using streets, alleys, public property, easements and rights-of-way granted by the city.

(b) The nature of the companies transporting, distributing and selling gas, including, without limitation, their use of public and private easements, streets and rights-of-way, and the potential and actual hazards from the operations of such companies, have a substantial effect upon the health, safety and welfare of the city.

(c) The transportation and distribution of natural gas involves a pervasive and permanent use of city streets, rights-of-way and public places; and such use is necessary in order for these gas companies to conduct their business.

(d) The city operates storm drainage, water and sewer utilities using city streets, rights-of-way and public places, including those which are or may be used by gas companies to conduct their business. In addition, such streets, rights-of-way and public places are utilized by the provider of electrical service to the citizens of the city.

(e) For purposes of protecting the public health, safety and welfare and in order to serve the convenience of the citizens of the city, it is necessary to coordinate activities relating to the use of the city streets, rights-of-way and public places, including but not limited to, the placement of and relocation of facilities, excavations, construction and maintenance by gas companies.

(f) The regulations imposed herein are a matter of local concern relating to the use of public property by gas companies and are imposed upon all gas companies doing business within the city.

(g) In order to provide for public health, safety, welfare and convenience, the city enacts this article, which governs the location and relocation of gas company facilities as well as any excavation, opening or other use of public streets, rights-of-way and public places for the purposes of gas transportation, distribution and sale.

(Ord. No. 1991-18, § 1, 12-17-91)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them:

Facilities shall mean all physical components and all facilities reasonably necessary to provide or which are used in the provision of natural gas directly or indirectly into, within and through the city for transportation, distribution and sale and includes, but is not limited to, plants, works, systems, distribution structures, lines, equipment, pipes, mains, underground links, gas compressors and meters.

Gas or natural gas shall mean such gaseous fuels as natural, artificial, synthetic, liquified natural, liquified petroleum, manufactured or any mixture thereof.

Gas companies shall mean any entity that sells, provides, delivers or distributes gas within the corporate limits of the city through pipelines, mains and other related facilities and appurtenances located in whole or in part on easements and rights-of-way granted by the city.

(Ord. No. 1991-18, § 1, 12-17-91)

(a) When a gas company seeks to make, causes or permits to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk, right-of-way or public property, it must apply for and receive a permit from the city.

(b) Applications for a permit for excavation shall be filed pursuant to section 21-69 of this Code. All applicants shall comply with the terms and provisions of Article V of Chapter 21 or the Code as well as the provisions of this article. In the event of a conflict between the provisions of this article and Article V of Chapter 21, the more stringent of the conflicting provisions shall apply.

(c) Except as described in section 25-158, prior to any construction or excavation in streets, alleys or public ways, the gas company or its contractor shall submit a traffic control plan consistent with policies of the city. Adequate traffic control measures shall be provided for all excavations in the public right-of-way.

(Ord. No. 1991-18, § 1, 12-17-91; Ord. No. 2000-10, § 2, 5-2-00)

(a) Except in emergency circumstances, prior to construction of any significant gas facilities above or below ground within or affecting public rights-of-way, easements or other public property or the construction of any building or similar structure within the city, each gas company shall furnish to the city the plans for such facilities and a report of the impact of its proposed construction upon public property.

(b) The plans and report required by this section shall be submitted in completed form to the director of public works or his designee at the time application is made for a building permit or an excavation permit.

(c) The plans and reports required by this section may be reviewed by the city to assure:

(d) In the construction of any facilities or any plant, building or similar structure within the city, gas companies shall comply with all regulatory requirements of the city and shall incorporate all other reasonable changes required by the city consistent with prudent engineering practice. Such regulations shall include, but not be limited to, the following matters:

(Ord. No. 1991-18, § 1, 12-17-91)

(a) All construction, excavation, maintenance and repair work done by any gas company in or affecting public streets, alleys, rights-of-ways and public places shall be done in a timely and expeditious manner which minimizes the inconvenience to the public and individuals. Gas companies shall be liable for any damage to the city caused by their failure to act in a timely manner.

(b) All public and private property in dedicated easements disturbed by gas company construction or excavation activities shall be restored by the gas company at its expense to a condition at least equal to its former condition subject to inspection by the director of public works or his designee. All gas companies operating within the city shall comply with reasonable remedial action required by said official pursuant to inspection.

(c) Each gas company shall comply with the city's requirements for reasonable and prompt action to remedy all damage to private property adjacent to streets or dedicated easements where the gas company is performing or has performed excavation or construction work.

(Ord. No. 1991-18, § 1, 12-17-91)

(a) The installation, maintenance, renovation and replacement of any facilities by the company shall be subject to permits (and fees related thereto), and inspection and approval of location by the director of public works or his designee.

(b) All company facilities shall be installed in dedicated easements and/or rights-of-way so as to cause a minimal amount of interference with such property.

(c) Each gas company shall erect and maintain its facilities in such a way as to minimize interference with trees and other natural features and vegetation.

(d) Each gas company shall keep in good working order all facilities constructed, erected or used within the city.

(e) Each gas company and all subcontractors shall comply with all local regulations and ordinances.

(f) Each gas company will comply with all city requirements regarding curb and pavement cuts, excavation, digging and related construction activities as well as any reasonable direction provided by the city regarding replacement of lines and other similar facilities within the city.

(Ord. No. 1991-18, § 1, 12-17-91)

Each gas company shall install, repair, renovate and replace facilities with due diligence in a good and workmanlike manner, and all such facilities shall be of sufficient quality and durability to protect the health, safety and welfare of the public and shall be kept and maintained by gas companies in a safe and suitable condition, and in good order and repair. In the event that the city incurs any out-of-pocket expenses paid to third parties who are not employees of the city to obtain compliance with the gas company's use of any public way or public place, the gas company shall reimburse the city for such expenses reasonably incurred.

(Ord. No. 1991-18, § 1, 12-17-91)

Gas company facilities shall not interfere in any way with the city's water mains and facilities, sewers mains and facilities, storm drainage systems and facilities, or other municipal use of streets and rights-of-way.

(Ord. No. 1991-18, § 1, 12-17-91)

(a) Upon receipt of reasonable advance notice, not to be less than five (5) business days, a gas company shall, at its own expense, protect, temporarily disconnect, temporarily relocate in the public way or temporarily remove from the public way, any property of the gas company when lawfully required by the city by reason of traffic conditions, public safety, street construction, change or establishment of street grade, installation of sewers, drains or water pipes, or any other type of public structures or improvements by the city; provided, however, the gas company shall in all cases have the right of abandonment of its property.

(b) If at any time the city requests the gas company to permanently relocate any facilities installed or maintained in public ways in order to permit the city to make any use of public ways to construct any public improvement or to build any public project, such relocation shall be made by the gas company at its expense and shall be completed within a reasonable time not to exceed one hundred eighty (180) days from the date upon which the city requests that such relocation work commence; provided, however, that such time period may be enlarged with approval of the city, which approval shall not be unreasonable withheld.

(c) The gas company may be granted an extension of time for completion equivalent to any delay caused by conditions not under its control, provided that such gas company proceeds with due diligence at all times.

(d) Following temporary or permanent relocation of gas company facilities, all property shall be restored to a condition at least equal to its former condition at the expense of the gas company.

(e) Nothing herein contained shall be construed to impose any obligation upon the city to make any payment for relocation of facilities.

(Ord. No. 1991-18, § 1, 12-17-91)

Any provision of this article to the contrary notwithstanding, a gas company may take such immediate unilateral actions as in its determination are necessary to protect the public health, safety, property and welfare in the event of an emergency. "Emergency" shall mean a leak, line break, explosion or fire. Such gas company shall within twenty-four (24) hours of the commencement of such emergency action notify the city of the emergency and of the general nature of the action taken and shall, within forty-eight (48) hours of the commencement of such emergency action, apply for any necessary permits as required pursuant to section 25-152 of this article and shall thereafter comply with all other provisions of this article. It shall be duty of such gas company to fully repair and restore any and all public rights-of-way, easements or other public property to a condition at least equal to its former condition in accordance with section 25-153 of this article promptly upon resolution of such emergency. It shall also be the duty of such gas company to otherwise restore the city to its former position by promptly reimbursing the city for any other loss suffered by the city as the result of such emergency, whether such loss be direct, indirect, consequential or incidental.

(Ord. No. 1991-18, § 1, 12-17-91)

Each gas company shall indemnify and hold harmless the city from and against all lawsuits, liability, damage, claims, demands, judgment and losses whatsoever in nature, and reimburse the city for all its reasonable expenses arising out of the operations of the gas company within the city, including any third-party claims, administrative hearings, and litigation. None of the city's expenses reimbursed pursuant to this section shall be surcharged. Nothing herein contained shall obligate any gas company to hold the city harmless or indemnify the city to the extent any lawsuits, liability, damage, claims, demands, judgments or losses shall have been found to have arisen out of or in connection with any negligent act, failure to act or intentional wrongdoing of the city or of its officers, agents or employees by final decision of the court or administrative agency of competent jurisdiction in an action where the city is a party.

(Ord. No. 1991-18, § 1, 12-17-91)

If any portion of this article is held unconstitutional or otherwise unlawful, the remaining sections of this article shall remain effective and are, for that purpose, hereby declared to be severable.

(Ord. No. 1991-18, § 1, 12-17-91)

Secs. 25-161--25-169. Reserved.

ARTICLE VI. ILLICIT DISCHARGE AND ILLEGAL CONNECTIONS TO THE MUNICIPAL STORM SEWER SYSTEM

Sec. 25-170. Legislative intent.

The purpose of this article is to provide for the health, safety, and general welfare of the citizens of Durango through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Colorado Discharge Permit System (CDPS) process. The objectives of this article are:

(Ord. No. O-2003-29, § 1, 9-16-03)

Sec. 25-171. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings designated below:

Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

City inspector means the person or person(s) authorize by the city engineer to inspect a site for the purpose of determining compliance with the provisions of this article.

Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto.

Colorado Discharge Permit System (CDPS) means State of Colorado regulation (5 CCR 1002-61) which covers discharges from specific types of industries including construction sites, and storm sewer systems for certain municipalities as part of the Water Quality Control Division under the Colorado Department of Public Health and Environment.

Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility.

Director shall mean the duly appointed director of public works or the designated representative of such director of public works.

Facility means any building including private homes, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.

Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illicit discharge means any direct or indirect non-stormwater discharge to the MS4, except as exempted in section 25-176 of this article.

Illicit connections means an illicit connection is defined as either of the following:

Industrial activity means activities subject to CDPS industrial permits as defined in 40 CFR, Section 122.26 (b)(14).

Mobile cleaning operations (or mobile washing) means power washing, steam cleaning, and any other method of mobile cosmetic cleaning, of vehicles and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.

Municipal separate storm sewer system (MS4) means system of conveyances owned and operated by the city used in the collection, treatment or disposition of storm, flood or surface drainage waters, including manmade structures and natural watercourses and/or floodplains for the conveyance of runoff, such as detention or retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catchbasins, inlets, pumping plants and other equipment and appurtenances and all extensions, improvements, remodeling, additions and alterations thereof; and any and all rights or interests in such stormwater facilities, and which is not used for collecting or conveying sewage.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater pollution prevention plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to the MS4 and/or watercourses to the maximum extent practicable.

Threatened discharge means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Waters of the State of Colorado (state waters) means any and all surface waters that are contained in or flow through the State of Colorado. The definition includes all watercourses, even if they are usually dry.

(Ord. No. O-2003-29, § 1, 9-16-03)

Sec. 25-172. Applicability.

This article shall apply to all water entering the MS4 and watercourses generated on any developed and undeveloped lands unless explicitly exempted by the city.
(Ord. No. O-2003-29, § 1, 9-16-03)

Sec. 25-173. Responsibility for administration.

The city shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the city may be delegated in writing by the director to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. No. O-2003-29, § 1, 9-16-03)

Sec. 25-174. Severability.

The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article.

(Ord. No. O-2003-29, § 1, 9-16-03)

Sec. 25-175. Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. O-2003-29, § 1, 9-16-03)

Sec. 25-176. Discharge prohibitions and exemptions.

(a) Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the MS4 or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater, including but not limited to; trash, yardwaste, landscaping materials, lawn chemicals, pet waste, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment; discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; commercial vehicle cleaning; construction activities; including but not limited to, painting, paving, concrete placement, sawcutting, and grading: swimming pools; spas; and fountains; or substances added to the storm drain to control root growth, unless specifically permitted by a discharge permit or unless exempted in this article. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this article when properly managed:

(b) Prohibition of illicit connections.

(c) Prohibition and requirements of illegal conditions.