A. Deficiency Of Water And Shutting Off Water: The city is not liable for any deficiency or failure in the supply of water to customers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to ensure a supply for firefighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary.
B. Repair Of Leaks: It is the responsibility of the consumer or owner to maintain the service pipe from the curb stop into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his service pipe within twenty four (24) hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. Water lines in public or privately owned property, privately owned on the effective date hereof, shall continue to be the responsibility of the owner.
C. Abandoned Services And Penalties: All water service installations connected to the city water system that have been abandoned or, for any reason, have become useless for further service, shall be disconnected at the city water main or capped as authorized and directed by the city engineer's office. A plumber shall perform the actual disconnection or capping. In the event that an abandoned water service line, or a water service line that may have become useless for further service, is not disconnected at the city water main, the owner shall be responsible for the proper maintenance and repair of said water service line so long as the same is connected to a city water main. If at any time the city engineer's office should find that a capped water service line is not maintained and kept in a proper state of repair, the city engineer's office may order the same disconnected at the city water main. The owner of the premises served by the abandoned or useless water service line shall pay the cost of all work required to be done upon said water service line under the provisions of this subsection.
D. Service Pipes: Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet (7') below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the building; or if not taken into a building then to the hydrant or other fixture which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing. Installation of water service lines shall be in compliance with Minnesota plumbing code. If copper tubing is used, joints shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to seventy feet (70') in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be three-fourths inch (3/4") in diameter for single occupancy residences, and one inch (1") in diameter for all other establishments. Water lines may be trenched in simultaneously with sewer lines and not metered, provided a seal is installed which is subject to a random check by the city. It is unlawful to break or otherwise tamper with said seal.
E. Meters: The City shall supply water meters of one inch (1") or less in size. Repairs of meters not resulting from normal usage shall be the responsibility of the property owner. Meters exceeding one inch (1") in size shall be purchased by the property owner in accordance with City specifications and maintained by the City. Installation of all meters shall be the responsibility of the property owner. Meters of one and one-half inches (1-1/2") must be valved on each side of the meter.
1. Meter Test: Whenever a consumer shall request the city to test any utility meter in use by them, such a request shall be accompanied by a cash deposit for each meter to be tested. If any such meter is found to be inaccurate, the same shall be replaced with an accurate meter and the deposit thereon refunded. If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled and the deposit shall be retained by the city to defray the cost of such test.
2. Circumvent Municipal Utility Meter: It is unlawful for any person to "jumper", or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities, or use the services of any utility system, the use of which the proper billing authorities have no knowledge.
F. Private Water Supplies: No water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply and when such are found, the city shall notify the owner or occupant to disconnect the same and, if not immediately done, the city water shall be turned off. Before any new connections to the city system are permitted, the city shall ascertain that no cross connections will exist when the new connection is made.
G. Restricted Hours For Sprinkling: Whenever the city shall determine that a shortage of water threatens the city, it may limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of such determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof.
H. Private Fire Hose Connections: Owners of lumberyards, factories, stores, elevators, warehouses, hotels and other buildings, if they are regular Municipal water consumers, may apply for and obtain permission to connect the street mains with hydrants, large pipes and hose couplings for use in case of fire only and free of charge for such use, but at their own installation expense.
I. Opening Hydrants: It is unlawful for any person, other than members of the Fire Department or other person duly authorized by the City, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same, or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use. (Ord. 84, 6th Series, eff. 3-21-2016)
J. Cross Connection Control:
1. The purpose of a cross connection control program is to protect the health of water customers and the potable Municipal water supply.
2. Cross connections between the City's Municipal water system and other systems or equipment are prohibited, excepted when and where, as approved by the Public Works Director/Engineer of the City of Little Falls, or their designee, with suitable backflow prevention devices that are installed, tested and maintained to ensure proper operation on a continuing basis.
3. A backflow prevention device is to be owned, tested and maintained in working condition by the customer/owner of the premises being served.
4. Installation, maintenance and testing of backflow preventers shall be according to the State of Minnesota Plumbing Code.
a. Testing must be performed by a State of Minnesota certified backflow tester. All internal maintenance to the device must be performed by a State of Minnesota certified backflow prevention rebuilder. Test results shall be furnished to the City of Little Falls Public Works Director/Engineer or their designee. The City's annual fee for administering a backflow preventer testing program shall be as established by resolution by the City Council from time to time.
b. A person who is recognized by the Minnesota Department of Labor and Industry as a backflow prevention tester or backflow prevention rebuilder is considered qualified by the City of Little Falls to test backflow preventers and certify them to be functional.
5. Failure to comply with the provisions of this subsection shall be cause to discontinue water service. (Ord. 18, 7th Series, eff. 7-1-2019)
K. Critical Water Deficiency:
1. Purpose: This subsection establishes water conservation restrictions; and will become in effect at any time the Governor declares, by executive order, a critical water deficiency, pursuant to Minnesota Statute 103G.291, as amended from time to time.
2. Definitions: Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of this subsection, shall have the following meanings:
Department: | The City's municipal water division. |
Emergency: | The declaration of a critical water deficiency by the Governor. |
Irrigation: | The watering of trees, sod, seeded areas, gardens, lawns, or any other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes. |
Notification to Public: | Notification through local media, including interviews and issuance of news releases. |
Public Water Supplier: | The City or other entity that owns, manages or operates a public water supply as defined in Minnesota Statute 144.382, Subdivision 4, as amended from time to time. |
Reclaimed Water: | Water collected from rooftops, paved surfaces or other collection devices and all water utilized more than once before reentering the natural water cycle. |
Water Recirculation System: | Any system which enables a user to reuse water at least once prior to returning the water to the natural water cycle. |
3. Application: This subsection applies to all customers of public water suppliers who own or control water use on any premises.
No person shall make, cause, use or permit the use of water received from a public water supply for residential, commercial, industrial, governmental, or any other purpose in any manner contrary to any provision in this subsection.
Mandatory emergency conservation measures shall be implemented based upon the declaration of a critical water emergency by the Governor.
4. Declaration of Critical Water Deficiency: Upon the declaration of a critical water deficiency by the Governor, the public water supplier shall immediately post notice of the emergency declaration at the usual meeting place of the City Council and/or the official City bulletin board. The City shall provide notification to the public as quickly as possible or through established water supply plans, emergency response plans or procedures.
5. Mandatory Emergency Water Conservation Measures: Upon declaration of water emergency and notification to the public, the following mandatory restrictions upon nonessential water use shall be enforced:
a. Outdoor irrigation of yards, gardens, golf courses, parklands and other nonagricultural land, except for those areas irrigated with reclaimed water, is prohibited.
b. Washing or spraying of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.
c. The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.
d. Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically requested by the customer.
e. Operation of outdoor misting systems used to cool public areas is prohibited.
f. The filling of swimming pools, fountains, spas or other exterior water feature is prohibited.
g. The washing of automobiles, trucks, trailers and other types of mobile equipment is prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles required frequent washing to protect public health, safety and welfare.
6. Variances: The City Administrator or their designee, is authorized to grant variances to this subsection where strict application of its provisions would result in serious hardship to a customer. A variance may be granted only for reasons involving health or safety. An applicant may appeal the denial of a variance within five (5) days of the decision by submitting a written appeal to the City Administrator. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final.
7. Violation: Violations shall be determined and cited by the City Administrator or their designee. A violator may appeal to the City Council. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final. Violators may be granted an administrative waiver if evidence is provided that equipment failure was the cause of the violation. A letter from a qualified vendor or equipment invoice will be required to show proof of equipment failure.
Upon discovery of a first violation, the violator shall be issued, either personally or by mail, a warning letter that sets forth the violation and which shall describe the remedy and fines for future violations.
Upon subsequent violations at the same location, the violator shall be issued, either personally or be mail, a citation that sets forth the violation and shall described the remedy. Fines shall be added to the monthly water bill of the owner of the property where the violation occurred. The imposition of the fine shall in no way limit the right of the City to pursue other legal remedies.
8. Enforcement: The City Administrator or their designee is authorized to designate City employees or law enforcement personnel to enforce the provisions of this subsection. (Ord. 18, 7th Series, eff. 7-1-2019; Ord. 21, 7th Series, 12-2-2019; Ord. 28, 7th Series, 9-27-2021)