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GENERAL
(a) Under and by virtue of the Ohio Constitution, Ohio Revised Code, power to provide and regulate water systems (R.C. §§ 715.08, 717.01, 743.01, 743.02, 743.03, 743.04, 743.05, 743.06, 743.07, 743.08, 743.09, 743.10, 743.11, 743.14, 743.15, 743.16, 743.17, 743.18, 743.19, 743.20, 743.21, 743.22, 742.23, 743.24) and the ordinances of Council, the Charter of the City of Elyria, the Safety Service Director may make such rules and regulations as he/she deems necessary for the safe, economical and efficient management and protection of the water works of the City and also for the administration of the EMWSS.
(b) Such rules and regulations shall have the same validity as ordinances when not in conflict thereto. When not otherwise specifically provided by the Ohio Constitution, the City, by ordinances enacted by Council, the City Charter or by the rules and regulations adopted under the authority of the Safety Service Director thereof as hereinbefore provided, the general laws of the State applicable to the subject matter hereof shall apply.
(Ord. 2017-10. Passed 2-6-17.)
The Superintendent of Water Pumping, Superintendent of Public Utilities, and Senior Manager of Water Distribution, under the direction of the Safety Service Director, shall manage, conduct and control the water supply system of the City, furnish supplies of water and collect utility charges. They may, for the purpose of paying the expenses of conducting and managing the EMWSS assess and collect a water charge of sufficient amount and in such manner as they deem most equitable from premises supplied by the City water system wherever such premises are located.
(Ord. 2017-10. Passed 2-6-17.)
The water furnished shall be equal to or exceed the standards established by the USEPA Safe Drinking Water Act adopted in 1974 and amended in 1986, and the most current regulations of the Ohio EPA, where applicable. However, the City does not guarantee the water as to quality, purity, or temperature, these all being subject to variable conditions which may arise in the operation and maintenance of the water system. The City shall not be responsible for production of water suitable for manufacturing and packaging processes requiring water of peculiar or special characteristics.
(Ord. 2017-10. Passed 2-6-17.)
The City does not guarantee quality of service. The supply of water to all parties for any purpose whatever is subject to the understanding that the consumer is not guaranteed a fixed or continuous pressure, or a guarantee of the water delivered as to quality, purity, or temperature, the same all being subject to the variable conditions and maintenance of the water system. The City will not be liable for damage due to change(s) in pressure. Customers requiring constant pressure or water quality should take measures to install tanks or advanced treatment to insure desired levels of service.
(Ord. 2017-10. Passed 2-6-17.)
Before water in a main is turned off, for reasons of repairs or alterations, the City will attempt to notify all customers affected with advance notice of twenty-four hours, if feasible. The City will follow all Ohio and U.S. EPA guidelines for water quality and notices to consumers at all times during the delivery of such services to customers. In the case of leaks or breaks in mains, services, pumping and auxiliary machinery, reservoirs or other water equipment, or other emergency arising, the water may be shut off by the City without notice and without incurring any responsibility or liability for any inconvenience, damage or injury or other losses arising therefrom. Although advanced notice of service interruption, pressure fluctuations or water quality excursions is desirable, such notice cannot be expected in all situations since emergencies and other unforeseeable circumstances often cause such service issues. The City will not be liable for any damages due to failure of notification.
(Ord. 2017-10. Passed 2-6-17.)
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