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A. Utilities may provide by contract for the use of and connection to the City's wastewater treatment system by institutions, plants, organized sewer districts, Municipal corporations or other similar users which are located outside the corporate limits of the City. The use of or connection to the wastewater treatment system shall be subject to the terms and conditions as Utilities may see fit to impose.
B. Policy for Special Contract Consideration:
1. Persons inside City limits have made significant investments in the City's wastewater system. Persons outside the City limits who desire wastewater service from the City should be required to pay an amount that reflects their pro rata demand on existing and planned infrastructure and resources as well as pay additional fees for such service in recognition for investments made to the wastewater system by persons inside City limits.
2. Wastewater services provided outside City limits must not have an adverse impact on the City and its facilities, public and private.
3. There is no obligation imposed by general law upon the City to provide wastewater service outside its boundaries.
C. Requirements for Special Contract Wastewater Service
1. The City's wastewater facilities, as currently existing or planned, must be sufficient to meet the present and projected wastewater needs for the foreseeable future of all users of the wastewater system located within and outside the corporate limits of the City including those who are to be served under the special contract.
2. The service under such special contract must not interfere with the City's ability to provide wastewater service to in-City customers in accordance with the standards adopted by Utilities and the City's existing contractual obligations.
3. The special contract customer must agree to pay all wastewater system availability fees and other applicable Utilities' fees.
4. Special contracts shall comply with all applicable restrictions in this Code and applicable permits and agreements.
5. The special contract customer must obtain all contracts, permits, administrative approvals as may be required to allow Utilities to provide special contract service without impairing Utilities' ability to operate the wastewater system for the benefit of Utilities' customers.
6. Contracts entered into pursuant to this section shall provide for compliance by the user with the discharge prohibitions and limitations contained in this article. Among other things, the contracts shall require the user to:
a. Submit to the jurisdiction of the City for the purposes of the enforcement procedures and penalties set out in this article; and
b. Stipulate liquidated damages for violation of the provisions of this article in an amount equal to the penalties imposed herein.
7. Contracts entered into pursuant to this section may provide for acceptance by Utilities of only normal domestic strength wastewater, and the requirements of subsection C2 of this section shall not apply to the contracts. However, the contracts shall provide that any discharge of industrial wastewater by the user shall subject the user to consequential damages for breach of contract, including, but not limited to, any amounts the City or Utilities may be required to pay for violation of the conditions of its CDPS permit where the discharge of the user caused or contributed to the violation. Discharges of industrial wastewater by a user bound by the contract shall not be accepted by Utilities except pursuant to notice to the City and execution of an amended or additional contract to which the requirements of subsection C2 of this section shall apply.
D. Contracts for use of or connection to the wastewater treatment system in force and effect on the effective date of this article shall remain in full force and effect in accord with the terms and conditions thereof. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 24-24)
All excavations for installation or repair of wastewater lines shall be adequately guarded with barricades and lights and meet all applicable safety standards so as to protect the public from hazard. Any excavation affecting "Public Places", as those terms are defined in section 3.3.201 of this Code, shall be carried out in conformance with chapter 3, article 3, part 2 of this Code. (Ord. 98-173; Ord. 99-162; Ord. 01-42)
PART 4 CONNECTION AND INSTALLATION
SECTION:
12.5.401: Connection Required
12.5.402: Connection Or Disconnection; Permits
12.5.403: Unauthorized Connections/Entry Prohibited
12.5.404: Connection To System; Inspection By City
12.5.405: Collection Lines; Manner Of Extension
12.5.406: Wastewater Lines; Compliance With Subdivision Requirements
12.5.407: Service Lines; Separate For Each Building; Exceptions
12.5.408: Service Line; Construction To Conform To Rules And Regulations
12.5.409: Service Line; Use Of Gravity Flow
12.5.410: Service Line; Maintenance Of
12.5.411: Existing Lines; Conditions For Use
12.5.412: Construction; Requirements For Commencement And Completion
12.5.413: Disconnection
The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a collection line of the City, is hereby required at the owner's expense to install suitable wastewater facilities therein, and to connect the facilities directly with the proper collection line in accord with the provisions of this article within ninety (90) days after official notice to do so, provided that the collection line is within four hundred feet (400') (122 m) of the property line. Under unusual circumstances such as unique topographical characteristics, the Chief Executive Officer, with El Paso County Department of Health and Environment approval, may waive the connection requirement herein stipulated. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
Utilities shall issue a permit for each connection or disconnection made to or from the wastewater treatment system. The permit will be required for all new connections, existing connections where additional fixtures are to be installed, and for disconnections. Permits for connection or disconnection shall be issued only to master plumbers. Discharge permits for significant industrial users shall be required as provided in part 11 of this article in addition to the connection permit. (Ord. 98-173; Ord. 99-162; Ord. 01-42)
It shall be unlawful for any unauthorized person to uncover, enter, insert equipment, make any connections with or openings into, use, alter or disturb any collection line or appurtenance thereof, without first obtaining written permission from the Chief Executive Officer and the connections shall be made in compliance with Building and Plumbing Codes, Utilities collection system standards and other applicable rules and regulations of the City. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
The master plumber or applicant for the wastewater service connection permit shall notify the Chief Executive Officer when the service line is ready for inspection and connection to the collection line. The connection and testing required by Utilities shall be made under the supervision of the Chief Executive Officer. The City and Utilities shall not be subjected to any liability for any deficiency or defect which is not discovered by inspection nor shall the owner or developer of the premises be absolved from liability for the deficiency or defect and any resulting damage or from responsibility to correct the deficiency or defect. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
Collection lines to collect and intercept wastewater from and throughout areas or additions shall be extended by the owner and/or developer of premises to be served by the lines from the existing collection line to the farthest point or points upgrade of the premises. If the Chief Executive Officer determines that extension of collection lines to the farthest point or points upgrade is not necessary for efficient expansion of the wastewater treatment system, the Chief Executive Officer may waive the requirement of the extension. In any event, collection lines shall be extended by the owner and/or developer of premises to be served by the lines from the existing collection line to a point which permits the shortest possible service line between the collection line and the property line of the premises served thereby. Thereafter the collection lines shall be extended to adjoining premises in compliance with Utilities collection system standards and other applicable Utilities rules and regulations. Extensions shall not be made unless the applicant requesting the service shall provide for the cost of the extension to the point of service and the extension is approved by the Chief Executive Officer. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
No wastewater lines shall be laid or placed in any proposed addition or subdivision to the City until the proposed addition is platted and approved as provided in 7.4.3 of this Code, except the Chief Executive Officer may approve the installation of facilities after final approval of the final plat, but prior to the recording of the plat, upon the request of the owner subject to an agreement as prescribed by the Chief Executive Officer. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42; Ord. 23-17)
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