These rules and regulations are adopted in conformance to the requirements of chapter 607, Montana Session Laws of 1981, effective July 1, 1981.
Rule 1: Water shall not be turned into any house or service pipe except by the Water/Wastewater Superintendent or Water Department employee, and not until the applicant shall have received a written permit and the meter deposit shall have been paid. All new subscribers shall be required to maintain a meter deposit for the first year of service. Licensed plumbers, their employees and all other persons, are strictly prohibited from turning water into any service pipe, except on order or permission of the Water/Wastewater Superintendent, but this rule shall not be construed to prohibit licensed plumbers from turning water into any pipe for the purpose of testing the same and for that purpose only.
Rule 2: No more than one house shall be supplied from one tap, except by special permission, and whenever two (2) or more parties are supplied from one service pipe connecting with a distributing main, the failure on the part of any one of said parties to pay the water rent when due or to comply with the rules and regulations of the department, or whenever any person, whether owner, tenant or lessee, permits any person not a member of the family to use water from his hydrant or pipes without knowing that such person has first obtained the consent of the Superintendent, or whenever any such person permits any waste on his own premises, or in any way violates the rules and regulations of the department or prevents or interferes with the carrying out of the rules of the department on his premises, the water on the premises of such person shall be turned off.
Rule 3: No customer shall supply water to other families, persons, firms or corporations, or shall permit them to take it off their premises, except when they are paying therefor at meter rate or after water is introduced into any building or upon any premises, shall any person make or employ any plumber or other person to make taps or connections with any pipes upon the premises for alterations, extensions or attachments without permission from the Superintendent upon the filing of the regular application therefor.
Rule 4: If a consumer furnishes other people or places with water without written permission from the Utility Office or uses the water for other purposes than those authorized, it shall be a violation of his contract and after reasonable notice, the water may be shut off and service discontinued until such time the additional service furnished has been paid for, plus the reconnection charge (if the utility has a shut- off and turn-on charge). (Res., 1-1-1977)
Rule 5: Whenever the water has been turned off from any consumer, he shall not turn it on again nor permit it to be turned on without the written consent of the Director and whoever violates this section shall be subject to a Municipal infraction. (Ord. 2018-05, 11-19-2018, eff. 1-1-2019)
Rule 6: A permit for water for building purposes shall be limited to a specified time and must be left subject to examination at the premises where the water is to be used. A violation of this rule will result in shutting off of the water supplied for such purpose.
Rule 7: No person shall use any water for irrigation or sprinkling during progress of any fire in the City and all irrigation or sprinkling shall be immediately stopped when an alarm of fire is sounded in any part of the City and shall not be begun again until the fire has been extinguished.
Rule 8: Pipes must always be tapped on the sides or on the top at the discretion of the Water/Wastewater Superintendent and in no case at or within six inches (6") from the hub. All service pipes must be laid as much under the surface of the ground as the main pipe is and in all cases to be protected so as to prevent rupture from freezing. Every service pipe must be provided with stop and waste cocks for each consumer, easily accessible and so situated that the water can be conveniently shut off and drained from the pipes; stopcocks to be of the patent, size and style as prescribed by the department.
Rule 9: Every person desiring a supply of water must make application therefor to the Water/Wastewater Superintendent on such forms as may be prescribed by the City Council. The application must state fully and truly all of the uses to which the water is to be applied and no different or additional use will be allowed, except by written permission obtained from the Superintendent upon the filing of proper application. Not more than one house shall be supplied from one tap except by written permission of the committee. No rebate will be allowed water takers on account of the use of wells or cisterns. (Res., 1-1-1977)
Rule 10: The Water Department shall discontinue service to any customer who violates its rules and regulations or for nonpayment of bills. Service shall actually be discontinued only after at least seven (7) days' written notice to record address of water user as the same appears of record in the Office of the Utility Clerk. Notice shall be deemed given when deposited in the U.S. mail, postage prepaid, so addressed. Such notice of imminent termination of water service will be given when a customer's water bill is thirty (30) days delinquent or when there has been some violation of the rules pertaining to water service; provided however, where fraudulent use of water is detected or where the utility's regulating or measuring equipment has been tampered with, or where a dangerous condition is found to exist on a customer's premises, the water may be shut off without notice in advance. Officials and employees of the Water Department are prohibited from extending credit in excess of what is provided herein. (Ord., 1981; amd. 1999 Code)
Rule 11: Service connection means the utility's pipe which connects the water main to a customer's service line at or near the user's property line, at the point designated by the Water/Wastewater Superintendent or Water Department employee.
Rule 12: Consumer or customer shall mean any individual, partnership, association, firm, public or private corporation, or governmental agency receiving water service.
Rule 13: Copies of all rates and other charges shall be filed annually with the Public Service Commission on forms as provided by the Public Service Commission.
Rule 14: All water shall be meter rated.
Rule 15: No water shall be furnished free to any customer.
Rule 16: In all cases where meters are installed, the customer shall furnish proper protection from frost or other damage. Meter must be located where it is easily accessible for reading purposes and repairs.
Rule 17: All new customers desiring water service must make a written application at the utility office on forms furnished by the utility stating all purposes for which the water will be used upon their premises.
Rule 18: Special water service for construction or other temporary purposes must be applied for by the customer.
Rule 19: The City reserves the right to specify the necessary size of main and service lines for all extensions.
Rule 20: In the event the City Council shall consider it advisable to make a change in the water rates or classifications of its consumers, it shall order a hearing to be held before it at a time and place specified. (Res., 1-1-1997)
Rule 21: Notice of the hearing shall be published in a newspaper as provided in Montana Code Annotated, section 7-1-4127. The notice shall be published three (3) times with at least six (6) days separating each publication. The first publication may be no more than twenty one (21) days prior to the hearing and the last publication may be no less than three (3) days prior to the hearing. Notice must also be mailed at least seven (7) days and not more than thirty (30) days prior to the hearing to persons served by the utility. The notice shall accompany the bill for services of that utility and must be mailed within the prescribed time period. This notice must contain an estimate of the amount the customer's average monthly bill will increase. The published notice must contain: (Res., 1-1-1997; amd. 1999 Code)
A. The date, time and place of hearing;
B. A brief statement of the proposed action;
C. Address and telephone number of a person who may be contacted for further information regarding the hearing.
Notice of all hearings shall be mailed first class, postage prepaid, to the Montana Consumer Counsel.
Rule 22: At the hearing, all persons, associations, corporations or companies affected or interested, including the Montana Consumer Counsel, may be present and represented by counsel. The hearing may be continued from time to time by the City Council. At the conclusion of the hearing, all interested parties shall be allowed to make such arguments as they may consider proper. Within thirty (30) days after the hearing, the City Council shall issue its decision. The decision is final ten (10) days after being filed with the City Clerk-Treasurer. A copy of each revised rate schedule shall be filed with the Public Service Commission upon final decision.
Rule 23: A municipality regulating its utility services must make an annual report to the Public Service Commission and furnish a copy thereof to the Montana Consumer Counsel. The report shall set forth the rates and number of users of each service and classification, the rate increases and the total income and expenditures of the utility as provided in Montana Code Annotated section 69-3-203.
Rule 24: If a municipal utility requires rate increases that yield an increase in total revenues in excess of twelve percent (12%) in any one year or rate increases for mandated Federal and State capital improvements for which the increase exceeds amounts necessary to meet the requirements of bond indentures or loan agreements required to finance the local government's share of the mandated improvements, it must make application for such increases to the Public Service Commission.
Rule 25: A party to a municipal rate hearing may appeal the decision of the City to the District Court in whose jurisdiction the City lies.
A person may appeal the adoption or application of the City utility rules to the District Court in whose jurisdiction the City lies. (Res., 1-1-1977)
Rule 26: Water bills shall be mailed out on the first day of each month or as near thereto as possible. Payment of such bills shall be due the fifteenth of each month. (Res., 1-1-1977; amd. Ord., 10-26-1981)
Rule 27: There will be a charge to the subscriber for any entry into any street or alley for the purpose of an initial service hookup. Additionally, the Water Department will not charge for any turn-off of service, but will charge fifteen dollars ($15.00) for a reconnection or turn-on of service of City water, unless the turn-off of service was due to an emergency situation, in which case no reconnection fee will be charged. (Ord., 8-28-1989)
Rule 28: All mains installed in streets or public rights of way within the City limits become public property and shall immediately, upon installation, become a part of the Water Department system. Service lines will be installed from the mains to the property to be served by the owner of property to be served, at the owner's expense.
The City will not maintain service lines from the property line to the mains.
Rule 29: Whenever water leakage or any other damage to a service line shall occur between the subscriber's property line (whether tenant or owner) and the point of consumption and use, the Water Department may immediately shut off service and refuse to connect service until the consumer has made necessary repairs to the service line. (Res., 1-1-1977)
Rule 30: Water service shall not be provided through the City water system outside of the City limits, except lands abutting the City limits, owned by County, State or Federal government may be served, at the option of the City Council, by such fee or contract arrangement as the City Council deems equitable. Preexisting services in violation hereof shall be permitted to continue, but shall not otherwise be extended or expanded. (Ord., 2-8-1988)
Rule 31: The cost of meter installation will be enough to recover the current costs of such meters. (Ord. 96-06, 11-25-1996)