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CHAPTER 50: COMBINED WATERWORKS AND SEWER SYSTEM
50.02 State law incorporated by reference
50.03 Ownership of equipment by city
50.04 Sewage pretreatment plan adopted by reference
Connection and Tap-On Regulations
50.10 Abutting owners must connect to sewer lines
50.11 Sewer connection required for new buildings
50.12 Non-sewer facilities prohibited; connection to public sewer system
50.13 All connections to comply with city regulations
50.14 Storm water drain connections prohibited
50.15 Sewer taps to be made only by the city
50.16 Installation of toilets, connection to public sewer required
50.17 Connection fees and costs to be borne by property owners
50.18 Water taps and connections
50.19 Right to purchase and use water, pursuant to regulations of city
50.30 Unsanitary deposits, discharges on or to non-sewage facilities prohibited
50.31 Inflammable and similar substances prohibited
50.32 Meter or other measuring device may be required for special discharge
50.33 Special rates may be established for certain types of discharge
Administration and Enforcement
50.40 Application for water/sewer service
50.41 Billing procedures, discontinuance of service, and other regulations; prohibitions and conditions
50.42 Customer to pay court costs in event of legal action by city
50.43 Regulations, regarding deposit of funds
Rates and Charges
50.50 Monthly water rates
50.51 Monthly sewer rates
50.52 Computation based on actual usage
50.53 Rate for selling water from water tower
50.54 Meter deposit
50.55 Sewer connection fees
50.56 Wholesale water rate
Water Shortage and Rationing
50.77 Classified uses of treated water
50.78 Water shortage advisory declared
50.79 Water shortage alert declared
50.80 Water shortage emergency declared
50.81 Water shortage critical emergency declared
50.82 Water shortage rates
50.83 Water rationing authority; enforcement
50.84 Authority of Mayor
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Walton, Kentucky, acting by and through its City Council or such other body as shall be the governing body of the city under the laws of Kentucky at the given time.
SYSTEM. The combined and consolidated water and sewer system of the city, as now or hereafter constituted.
MANAGER. The manager, superintendent, or other person duly employed and authorized by the city to supervise the operation of the system.
CUSTOMER. A property owner or his agent or lessee of real property, who has agreed to purchase water and/or sewer service from the city.
(Ord. 1991-27, passed 12-12-91)
All applicable Kentucky Statutes which now or may hereafter exist are incorporated herein and made a part of this chapter and the city may use any powers therein contained, in addition to those herein set out.
(Ord. 1991-27, passed 12-12-91)
The city shall own all lines, meters, and other water and sewer equipment as shall be paid for by the city.
(Ord. 1991-27, passed 12-12-91)
The city's sewage pre-treatment plan is adopted by reference and made a part of this code as if set out in full.
(Ord. 1998-02, passed 5-11-98)
CONNECTION AND TAP-ON REGULATIONS
All owners, tenants, and occupants of any structure of any kind or nature situated on a lot or lots, within the city limits, through which any sewage collection line has been or is hereafter installed, or which abuts upon any streets, alleys or easements within the city limits in which there is hereafter installed a sewage collection line, or to which property a sewage collection line is extended, shall within 90 days following the date on which such sewage collection line is placed in operation, connect therewith all sanitary sewage drain pipes of such structures, with said sanitary sewage collection line, conveying thereby all of the sewage therefrom into said sewer system, such connections to be made in accordance with such rules and regulations as the city may from time to time duly establish; and the failure to make such connection is hereby declared unlawful and to constitute a nuisance. A property must be within the incorporated limits of the city to connect into the sewer system.
All architects, contractors, builders, or other persons, before commencing the erection of any building or other improvement capable of emitting liquid wastes or sewage, on any lot or parcel or land abutting on a street, alley or easement in which there may be hereafter installed and maintained any such sewage collection line, or on any lot or parcel of land through which there may be hereafter installed a sewage collection line, or to which a sewage collection line is made available, shall before erecting or installing such building or improvement, exhibit to the City Council, or to such official as the City Council may designate, satisfactory evidence that a means has been provided or will be provided for connecting the sanitary sewage drain pipes from such building or other improvement with such sewer collection line. No storm water or other surface or sub-surface water drain shall be connected with any sanitary sewer line hereafter constructed, nor shall any storm water, surface, or sub-surface water be otherwise introduced into any such sanitary sewage collection line.
(Ord. 1991-27, passed 12-12-91)
(A) It shall be unlawful for any person to construct or maintain or permit to be constructed or maintained any outdoor toilet, privy, vault, cesspool, septic tank, or other similar contrivance for the reception of sewage on any lands owned by such person, or under his control, which abut upon a sewage collection line in any public street, alley, or other easement or through which a sewage collection line passes or to which a sewage collection line is hereafter available; all such outdoor toilets or privies shall be removed; and all such vaults, cesspools, septic tanks, or other similar contrivances for the reception of sewage shall be closed or filled or otherwise removed from properties described above within 90 days after such sewage collection services become available.
(B) All such privies, surface toilets, or other means of casting or depositing sewage into a container above or below the surface of the ground or upon or into the soil or into any running or percolating stream of water or into any cistern or well whereby the soil or any surface or sub-surface water is contaminated with such sewage are hereby declared to constitute a public nuisance and their use of maintenance for a period of more than 90 days following the availability or a sewage collection line to the property is hereby prohibited.
All sewer and water connections shall be made under such regulation as the city may establish. Failure to effect such connection is hereby declared to be unlawful and shall constitute a nuisance and a violation of this chapter and subject to penalties of § 50.99.
No storm water drain shall be or remain connected with any separate sanitary sewer heretofore or hereafter constructed as, or made a part of, the sewer system of the city, nor shall any storm water be otherwise introduced into any such separate sanitary sewer.
No sewer taps (breaking or entering into the sewer lines of the city) shall be made by any person, firm, or corporation except by the city or as authorized by the city.
Each owner of a house, building or property used for human occupancy, employment, recreation, or other purposes, situated within the city and to which sewer service is made available by the city, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with such available public sewer in accordance with the requirements of this chapter.
The sewer connection fees and all costs and expenses incident to the installation and connection of a sewer shall be borne by the owner of the premises, who shall be responsible for the payment of the sewer connection fee and shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the sewer. All connection shall be made under the supervision of the manager of the sewer system or other duly authorized official of the city.
(A) Whenever the city shall determine that it is feasible to provide water service to a customer, the city shall install, maintain, and operate a main distribution pipeline or lines from the system's source of water supply and shall further install and maintain such portions of the necessary water service lines as may be needed to bring water from a water main to the lot or easement of a customer. The cost of same shall be that of the customer. All taps, meters, fittings, and shutoff valves shall always remain the property of the city. Each customer shall install and maintain at his own expense, that portion of the service line from said lot or easement line to his premises, including a stop and waste cock at the end of the house side of his service, which items shall belong to the customer. The minimum earth cover of the customer's service line shall be 30 inches. The manager shall determine the size and kind of service to be installed.
(B) Commercial/Industrial customers shall be responsible for installation of meter service after payment of tap-on charge except where the line is 3/4" inch in diameter.
(A) Each customer shall be entitled to purchase from the city, pursuant to such agreements as may from time to time be provided and required by the city, such water as the customer may desire, subject, however, to the provisions of this chapter and to such further rules and regulation as may be prescribed by the city, provided, however, that should a customer sell or dispose of a portion of his property or subdivide the same, they, or the new owner of each such new tract, may not demand water and taps without paying connection fees for each tract to be served.
(B) In the event that the total water supply shall be insufficient to meet all of the needs of the customers, all customers shall be bound by §§ 50.75 through 50.85 (Water Shortage and Rationing). Said sections are specifically reaffirmed and shall be controlling in the event of insufficient water supply in the city.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the city, any garbage or other objectionable waste, or to discharge to any natural outlet within the city, any sewage, industrial waste, or other polluted waste.
No substance shall be placed or discharged into the municipal sewer system which will create a combustible, gaseous, explosive or inflammable condition in said system, nor shall any substances or objects be placed or discharged into the municipal sewer system which will not dissolve and which will thus cause an obstruction and clogging within said system. No petroleum products shall be placed or discharged in the municipal sewer system.
(A) In the event that a building or premises discharging sewage, water, or other wastes into the municipal sewer facilities, uses water supplied by other than a metered basis from either a private or public water supply, then in each such case the owner or occupant may be required to cause a water meter or other measuring device to be installed, acceptable to the manager.
(B) Upon application for installation of a sewer deduct meter, the Mayor may permit the installation by the customer of a US gallon meter to measure the quantity of water being used outside and not entering the municipal sewer facilities. To receive this deduction to the sewer charge, it will be the customer's responsibility to report this reading by the 25th of each month to the billing clerk. In no event can this deduction be applied to produce a sewer bill for an amount less than the current minimum sewer bill, established under § 50.51 of this chapter.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1998-09, passed 7-14-98) Penalty, see § 50.99
(A) In the event the sewage, water or other liquid wastes being discharged into the municipal sewer facilities from any building or premises contains unduly high concentrates of any substances which add to the operating costs of the municipal sewer facilities, then special rates, rentals or charges may be established, charged and collected as to such building or premises, or the owner or other interested party may be required to specifically treat such sewage, waste or other liquid waste before it is discharged into the municipal sewer facilities.
(B) Whenever it is determined by the manager to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which water is used, or by reason of the character of the sewage, water, or other liquid wastes discharged therefrom, or whenever the established schedules of rates and charges for any reason are not applicable, then special rates or other charges may be established by the governing body of the city, and any person, firm, or corporation being dissatisfied with the established schedules or rates and charges by reason of peculiar or unusual use of occupancy of any premises, and consequently alleging peculiar or unusual uses of water, may file application with the governing body of the city or with any other board or body of said city which may be in charge and control of the municipal waterworks and sewer systems, for special classification rates and charges.
ADMINISTRATION AND ENFORCEMENT
Each customer must make written application for water/sewer service at the City Hall. Said application, including service received thereunder, is not assignable by the customer.
(Ord. 1991-27, passed 12-12-91)
The following regulations, prohibitions, and conditions are applicable and are in force and effect with respect to the combined and consolidated water and sewer system of the city:
(A) All taps and connections to the water mains and sewer of the city shall be made by and/or under the direction and supervision of the manager.
(B) Water service may be discontinued by the city for any violation of any rule, regulation, or condition of service and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or fixtures to be supplied, or as to additional use of water/sewer service, or as to unusual or extraordinary use of sewer facilities.
(2) Failure to report to the city additions to the property or fixtures to be supplied, or of additional use of water/sewer service.
(3) Resale or giving away of water.
(4) Waste or misuse of water due to improper or imperfect service pipes or failure to keep same in suitable state of repair.
(5) Tampering with meter, meter seal, service, or valves, or permitting such tampering by others.
(6) Connection, cross-connection, or permitting the same, of any separate water supply to premises which receive water from the city.
(C) Any customer desiring to discontinue the water/sewer service to his premises for any reason must give notice of discontinuance in writing at city hall; otherwise a customer shall remain liable for all water used and water/sewer services rendered to such premises by the city unless said notice is received by the city. No person shall remain in a dwelling or building not connected to the water and sewer system, and if so, same shall be deemed a violation of this chapter and subject to the penalties of § 50.99 hereof.
(D) Bills and notices relating to the conduct of the business of the city will be mailed to the customer at the address listed on the application unless a change of address has been filed in writing with the city. The city shall not otherwise be responsible for the delivery of any bill or notice nor will the customer be excused from the payment of any bill or any performance required in said notice.
(E) (1) Meters will be read once monthly between the fifteenth and twenty-fifth of each month.
(2) Bills for water and sewer service are due and payable at City Hall, or to any designated agent, on their date of issue. The past due date shall be the fifteenth day after the date of issue. Bills will be dated and mailed on the first day of each month. A service fee of twenty dollars ($20) will be assessed for any check returned by the maker’s bank for any reason. If a customer’s personal check is returned by the maker’s bank for any reason three (3) times within a twelve (12) month period, the city will no longer accept such customer’s personal check; subsequent payments must be paid in cash, by certified or cashier’s check, by money order or by credit card.
(3) All bills not paid on or before the past due date shall be deemed delinquent, and shall be assessed a ten percent (10%) late penalty payment. In addition, the city may serve a customer a written final notice of said delinquency. The city will also serve notice that such customer is entitled, upon written request, to a hearing on the question of termination of service. If a delinquent bill is not paid within ten days after the date of final notice, and if no hearing is requested, or if a hearing is requested and timely held, and such customer's delinquency is thereby established, the water supply to the customer may be discontinued without further notice; provided, however, if prior to discontinuance of service, there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, a registered nurse, or a public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness or infirmity on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city's receipt of said certification, whichever occurs first.
(4) If a deadline date falls on a Sunday or legal holiday, such deadline shall not expire until the next succeeding secular day.
(F) Where the water supply to the customer has been discontinued for non-payment of delinquent bills, a charge of thirty dollars ($30) will be made for reconnection of water service. However the reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the city have been paid.
(G) All meters shall be installed, renewed, and maintained at the expense of the city except where commercial or industrial installations are required in accordance with § 50.18. The city reserves the right to determine the size and type of meter used.
(H) Upon written request of any customer, the meter serving said customer may be tested by the city. Such test will be made without charge to the customer if the meter fails to run within the approved range. A charge of twenty-five dollars ($25) will be made if the meter passes said test.
(I) Where a meter has ceased to register, or meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months' consumption, considering the conditions of water service prevailing during the period in which the meter fails to register.
(J) The city shall make all reasonable efforts to eliminate interruption of service, and, when such interruptions occur, will endeavor to re-establish service with the shortest possible delay. When the service is interrupted, all consumers affected by such interruption will be notified in advance whenever possible.
(K) The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruptions of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the city may be deemed necessary.
(L) Customers having boilers and or pressure vessels receiving a supply of water from the city must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case water supply from the city is discontinued or interrupted for any reason, with or without notice.
(M) Piping on the premises of a customer must be so installed that connections are conveniently located with respect to the city lines and mains. The customer shall provide a place for which is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his side of the meter, and the city will furnish a like valve on its side of the meter.
(N) The customer's service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner and in accordance with the city's rules and regulations and with the regulations of the Department of Health.
(O) If any loss or damage to the property of the city or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, member or his household, his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
(P) Each customer shall grant or convey, or shall cause to be granted or conveyed, to the city, a perpetual easement and right-of-way across any property owned or controlled by the customer whenever said easement or right-of-way is necessary for the city water/sewer facilities and lines so as to enable the city to furnish service to the customer.
(Q) (1) Water for building or construction purposes will be furnished by meter measurement only after suitable deposit has been made. The minimum deposit for a 3/4-inch meter shall be twenty-five dollars ($25), the minimum deposit for a 2-inch meter shall be five hundred dollars ($500). The rental amount shall be determined by the city based upon the size of the construction work contemplated. All water for building or construction purposes, as set forth in the permit, must pass through one and the same meter.
(2) Water so supplied shall be discharged through a hose or pipe directly upon the material to be made wet or into a barrel or other container. In no case shall water be discharged upon the ground or into or through a ditch or trench. All use of water for any purpose or upon any premises not so stated or described in the application must be prevented by the applicant or water service may be discontinued to the applicant without notice.
(R) Special terms and conditions may be made where water is used by the city or community for public purposes such as fire extinguishment, public parks, and the like.
(S) (1) The city will construct extensions to its water and sewer lines to points within its service area, but the city is not required to make any such installations unless the customer pays to the city the entire cost of the installation.
(2) All line extensions shall be evidenced by a contract signed by the city and the person advancing funds for said extension.
(3) No refund shall be made from any revenue received from any lines leading up to or beyond the particular line extension covered by contract.
(4) All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the city; such extension shall be the property of the city; and no other person shall have any right, title or interest therein.
(T) The city may refuse service to any person, not presently a customer, when in the opinion of the city the capacity of the facilities will not permit such service.
(U) No person, firm, company, or corporation, except those presently obtaining such service, outside the present corporate limits of the city, but whose property is contiguous to the city and otherwise eligible for annexation, is permitted to obtain water service from the city without being annexed to the city.
(V) These rules may be changed or amended.
(W) Complaints may be made to the manager of the system, whose decision may be appealed to the governing body of the city within ten days; otherwise, the manager's decision will be final.
(X) The city or its authorized agent may inspect the grease control equipment ("GCE") of any restaurant or food service establishment located within the city limits during regular business hours to determine if the GCE is functioning properly and is being properly maintained. Each restaurant and food service establishment shall maintain a record of the date(s) their GCE was serviced, with the name of the service provider. Said record shall include all service for the previous twelve months, and shall be provided to the city's agent upon demand. The city may require modifications to be made to the GCE if deemed necessary. The city may require additional cleaning if the GCE is of inadequate size or is not working properly. The city may require GCE to be installed if none is present. The penalty for failure to comply with any order of the city for modification, maintenance or installation of GCE or for failure to maintain a written record of GCE service shall be as set forth in Section 50.99(A).
(Ord. 1991-27, passed 12-12-91; Am. Ord. 2003-03, passed 5-20-03; Am. Ord. 2015-12, passed 2-1-16; Am. Ord. 2017-09, passed 6-26-17) Penalty, see § 50.99
In the event the city must enforce this chapter, including the collection of any unpaid water or sewer fees, then the customer shall be responsible for the costs of enforcement, including all court costs and a sum for reasonable attorney's fees.
(Ord. 1991-27, passed 12-12-91)
One thousand five hundred dollars ($1500) shall be deposited into the depreciation fund monthly.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1997-05, passed 4-14-97)
RATES AND CHARGES
The rates and charges for water services furnished by the city are hereby fixed and established on a monthly basis as follows:
(A) Minimum water rate. The minimum water bill to water customers shall be eighteen dollars and twenty-five cents ($18.25) per month inside city limits, twenty-one dollars and eight cents ($21.08) per month outside city limits.
(B) Meter rates for water usage in addition to minimum charge. Subject to the minimum monthly water rate specified above, the following meter charge shall be made per 1,000 gallons of water consumption per month to customers of all size connections:
Number of Gallons of Water Per Month
Inside City Limits
Outside City Limits
First: 2,000 gallons or less
Next: 3,000 gallons
Next: 5,000 gallons
All over 10,000 gallons
The foregoing monthly water rates, exclusive of the minimum rate for the first 2,000 gallons or less of water per month, shall be based on actual usage.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1995-8, passed 6-22-95; Am. Ord. 1995-15, passed 11-13-95; Am. Ord. 2003-03, passed 5-20-03; Am. Ord. 2006-11, passed 12-13-06; Am. Ord. 2008-04, passed 3-10-08; Am. Ord. 2011-03, passed 6-13-11; Am. Ord. 2017-09, passed 6-26-17)
(A) Rates or charges for sewer service shall be based insofar as possible upon the quality of water supplied to the respective buildings or premises. The minimum sewer bill shall be twenty-four dollars and sixty-four cents ($24.64) per month, based upon the water usage of 2,000 gallons or less per month.
(B) Subject to the minimum monthly sewer rate specified above, the following monthly sewer charges (based on the number of gallons of water consumption per month) shall be made to customers of all size connections:
Number of Gallons Per Month (based on water usage)
Per 1,000 Gallons
First 2,000 gallons
$ 24.64 (minimum)
All over 2,000 gallons
(C) Surcharge. Effective January 1, 2009, each sewer customer shall be assessed a surcharge in the amount of ten dollars and thirty cents ($10.30) per month, in addition to the standard rates and any other fees which may be in effect for sewer service. This surcharge shall remain in effect until such time as the Kentucky Infrastructure Authority Fund B Loan (B08-05) has been paid off, at which time this surcharge shall automatically expire.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1994-9, passed 6-30-94; Am. Ord. 2003-03, passed 5-20-03; Am. Ord. 2006-11, passed 12-13-06; Am. Ord. 2008-10, passed 9-9-08; Am. Ord. 2011-03, passed 6-13-11; Am. Ord. 2013-01, passed 2-11-13)
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1995-15, passed 11-13-95)
The rate shall be approximately fifty (50) gallons of water per twenty-five cents ($.25) deposited.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 2003-03, passed 5-20-03; Am. Ord. 2008-04, passed 3-10-08)
All customers connecting into and receiving service from the city system are required to deposit the sum of one hundred fifty dollars ($150) with the city for water and sewer service with the provision that said deposit shall be returned to the respective customer when service is discontinued, provided that all bills for water and sewer service have been paid in full. If the customer's water and sewer bill has been paid in full before the past due date for twelve (12) consecutive months, the customer may request in writing that the city refund the customer's deposit. If the customer's deposit is refunded, and subsequently the customer's water and sewer bill is not paid before the past due date, the city may again require payment of the deposit.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1995-8, passed 6-22-95; Am. Ord. 2003-03, passed 5-20-03; Am. Ord. 2015-12, passed 2-1-16)
(A) Meter installation fees shall be as follows:
INSIDE CITY LIMITS
OUTSIDE CITY LIMITS
**Exception - Commercial/Industrial customers, see 19.
(B) Tap-on charges shall be as follows:
Residential - $300.00
Commercial/Industrial - $500.00
(C) (1) Sewer connections fees shall be as follows:
Single Family $1,000
2 or 3 Family $1,500
4 or more Family $1,500
(2) Sewer tap fees shall be deposited into the depreciation fund.
(Ord. 1991-27, passed 12-12-91; Am. Ord. 1995-2, passed 4-10-95; Am. Ord. 2011-03, passed 6-13-11; Am. Ord. 2015-12, passed 2-1-16)
Per agreement, Bullock Pen Water District shall be the only wholesale water customer. The rate established for such wholesale of water shall be thirty percent (30%) over the cost of water from the Kenton County Water District No. 1.
(Ord. 1991-27, passed 12-12-91)
WATER SHORTAGE AND RATIONING
The purpose of this subchapter is to provide for the declaration of official phases of water supply shortage situations and the implementation of voluntary and mandatory water conservation measures throughout the city when a shortage is declared. Nothing in this subchapter is intended nor shall be construed to interfere with common law riparian or statutory water rights.
(Ord. 1988-13, passed 7-25-88)
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTOMER. Any person, business, corporation, partnership, or other entity using water for any purpose from the city's water distribution system for which either a regular charge is made or, in the case of water haulers or bulk sales, a cash charge is made at the site of delivery.
OTHER SOURCES OF WATER. Water that has not been introduced by the city into its water distribution system.
PRIMARY WATER SUPPLIES. All water potentially available to customers in the city through its principal supplier, Kenton County Water District.
TREATED WATER. Water that has been introduced by the city into its water distribution system, including water offered for sale, which is that water supplied by its principal supplier, Kenton County Water District.
WASTE OF WATER. Includes, but is not limited to, (1) permitting water to escape down a gutter, ditch, or other service drain, or (2) failure to repair a controllable leak of water due to defective plumbing.
WATER SHORTAGE RESPONSE PHASES. Those discernible conditions or situations bringing about and authorizing upon their occurrence or existence certain measures for conservation of water resources as set forth in this subchapter. These phases are as follows:
(1) ADVISORY. That phase where conditions exist indicating the potential for serious water supply shortages.
(2) ALERT. That phase where primary water supplies are consistently below seasonal averages, and if they continue to decline, may adversely affect the adequacy of treated water supply to meet normal needs.
(3) EMERGENCY. That phase where treated water supplies are below the level necessary to meet normal needs and that serious shortages exist in the area that adversely impact water service and supply to the city.
(4) CRITICAL EMERGENCY. That phase where treated water supplies have been so depleted with no reasonable expectation of replenishing such water supplies within the near future that preservation of water for essential water use through rationing of treated water is necessary and essential for the public health, safety, and welfare. Essential water uses are those uses of water identified as Class 1 in § 50.77.
(Ord. 1988-13, passed 7-25-88)
Uses of treated water are classified for purposes of this subchapter as follows:
(A) Essential water uses (Class 1). The following uses of water, listed by site or user type, are essential.
(1) Domestic. Water necessary to sustain human life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation.
(2) Health care facilities. Patient care and rehabilitation, including related filling and operation of swimming pools.
(3) Public use.
(a) Firefighting; and
(b) Health and public protection purposes, if specifically approved by health officials and the municipal governing body.
(B) Socially or economically important uses of water (Class 2). The following uses of water, listed by site or user type, are socially or economically important.
(1) Domestic. Personal, in house water use including kitchen, bathroom, and laundry.
(2) Commercial and civic use.
(a) Commercial care and truck washes,
(c) Restaurants, clubs, and eating places, and
(d) Schools, churches, motel/hotels, and similar commercial establishments.
(3) Outdoor noncommercial waterings.
(a) Minimal watering of vegetable gardens, and
(b) Minimal watering of trees where necessary to preserve them.
(4) Outdoor commercial or public watering (using conservation methods and when other sources of water are not available or feasible to use).
(a) Agricultural irrigation for the production of food and fiber or the maintenance of livestock,
(b) Watering by arboretums and public gardens of national, state, regional, or community significance where necessary to preserve specimens,
(c) Watering by commercial nurseries at a minimum level necessary to maintain stock,
(d) Watering at a minimum rate necessary to establish or maintain vegetation or landscape plantings required pursuant to law or regulation,
(e) Watering of woody plants where necessary to preserve them, and
(f) Minimum watering of golf course greens.
(5) Recreational. Operation of municipal swimming pools and residential pools that serve more than 25 dwelling units.
(6) Air conditioning.
(a) Refilling for startup at the beginning of the cooling season,
(b) Makeup for water during the cooling season, and
(c) Refilling specifically approved by health officials and the municipal governing body, where the system has been drained for health protection or repair services.
(C) Nonessential (Class 3). Any waste of water, as defined herein, is nonessential. The following uses of water, listed by site or user type, are nonessential.
(1) Public use.
(a) Use of fire hydrants (excluding Class I and Class II uses), including use of sprinkler caps, testing fire apparatus and fire department drills, and
(b) Flushing of sewers and hydrants except as needed to ensure public health and safety as approved by health officials and the municipal governing body.
(2) Commercial and civic use.
(a) Serving water in restaurants, clubs, or eating places, except by customer request,
(b) Failure to repair a controllable leak, and
(c) Increasing water levels in scenic and recreational ponds and lakes, except for the minimum amount required to support fish and wildlife.
(3) Ornamental purposes. Fountains, reflecting pools, and artificial waterfalls.
(4) Outdoor watering.
(a) Use of water for dirt control or compaction,
(b) Watering of annual or nonwoody plants, lawns, parks, golf course fairways, playing fields, and other recreational areas,
(c) Washing sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surface areas,
(d) Washing down buildings or structures for purposes other than immediate fire protection, and
(e) Flushing gutters or permitting water to run or accumulate in any gutter or street.
(5) Outdoor commercial or public watering.
(a) Expanding nursery facilities, placing new irrigated agricultural land in production, or planting or landscaping except when required by a site design review process,
(b) Use of water for dirt control or compaction,
(c) Watering of lawns, parks, golf course fairways, playing fields, and other recreational areas,
(d) Washing sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surface areas,
(e) Washing down buildings or structures for purposes other than immediate fire protection, and
(f) Flushing gutters or permitting water to run or accumulate in any gutter or street.
(6) Recreational uses other than those specified as Class II.
(7) Noncommercial washing of motor and other vehicles.
(8) Air conditioning (see also Class II purposes).
Refilling cooling towers after draining.
(Ord. 1988-13, passed 7-25-88)
Whenever the City Council determines that a potential shortage of primary water supplies is indicated by current conditions, it shall be empowered to declare by resolution, municipal order, or other local legislation action that a water shortage advisory exists that the Supervisor of the Walton Water and Sewer Department or other designated official or employee of the city shall, on a daily basis, monitor the primary water supply and the treated water supply as well as the demands upon the primary and treated water supply. Additionally, City Council or the Mayor is authorized to urge all water customers to employ voluntary water conservation measures to limit nonessential (Class 3) waster use and eliminate the waste of water. This resolution, municipal order, or other local legislative action shall be published in the official city newspaper for legal publications and may be publicized or published through other means of general news media, including other newspapers, radio, or television, or any other appropriate method for making such actions known to the public.
Whenever the City Council determines primary water supplies to be consistently below seasonal averages and that if they continue to decline may not be adequate to provide treated water to meet normal needs to the city, it shall be empowered to declare by resolution, municipal order, or other proper local legislative enactment that a water shortage alert exists. The city, through its Council or Mayor, shall continue to encourage voluntary water conservation measures defined under the advisory declaration, and further shall impose a ban on all nonessential (Class 3) water uses for the duration of the shortage until the city has declared it to have ended, or upon the expiration of any time limit that may have been set forth in the declaration by the city. Publication or public notice of such declarations shall conform to the procedures as set forth in § 50.78 and shall be effective upon publication in the official newspaper for city publications under state law.
Whenever the City Council finds that primary water supplies are below the level necessary to provide the quality and quantity of treated water to meet normal needs that serious shortages of treated water exists to serve the city, City Council shall be empowered to declare by resolution, municipal order, or other proper local legislative enactment that a water shortage emergency exists. Essential uses (Class I) shall be identified, in specific, as uses for voluntary conservation initiatives. Also, all socially or economically important uses (Class 2) shall be banned in addition to the nonessential uses (Class 3). These restrictions shall be considered continuing until the emergency phase is declared ended by resolution, municipal order, or other proper local legislative enactment by the City Council. Declaration or publication of these resolutions, municipal orders, or other proper local legislative enactment shall follow the procedures set forth in § 50.78, but declarations of a water shortage emergency shall be immediately effective as an emergency measure upon passage of the resolution, municipal order, or other proper legislative enactment.
Whenever the City Council finds that treated water supplies have been so depleted with no reasonable expectation for replenishing such treated water supplies that preservation of water for essential water use (Class 1) is essential and necessary for the public health, safety, and welfare through the measure of rationing of treated water supplies, the City Council shall be empowered to declare by resolution, municipal order, or other proper local legislative enactment that a water shortage critical emergency exists. Essential uses (Class 1) shall be specifically identified as uses for which rationing is required and shall specifically identify any other uses for which voluntary conservation initiatives are still in effect. All other uses contained within the essential uses classification, all socially or economically important uses (Class 2) and all nonessential uses (Class 3) shall be banned. These restrictions shall be considered continuing until the critical emergency is declared ended by the city. Publication or notice of resolution, municipal order, or other proper local legislative enactment declaring a water shortage critical emergency shall follow the procedures set forth in § 50.78, but any such declaration shall become immediately effective upon passage of such resolution, municipal order, or other proper local legislative enactment by the City Council.
Upon declaration of a water shortage phase as provided herein, the City Council shall have the power to adopt shortage water rates, by ordinance, designed to conserve water supplies. These rates may provide for, but not be limited to: (1) higher charges per unit for increasing usage; (2) uniform charges for water usage per unit of use; (3) extra charges for use in excess of a specified level; or (4) discounts for conserving water beyond specified levels.
(Ord. 1988-13, passed 7-25-88)
(A) In the event the City Council determines that a water shortage critical emergency exists, thereby imposing rationing of the treated water supply, the City Council shall be and is hereby authorized and empowered to adopt or enact as an emergency ordinance rationing levels for all customers of water in the city through its distribution of water system. In any such emergency ordinance in determining rationing levels, the city shall take into account equitable distribution of critically limited water supplies and balance demand with the limited availability of treated water and take all steps necessary to reasonably assure that sufficient water is available to preserve public health, safety, and welfare.
(B) (1) An emergency ordinance imposing rationing as a measure of conserving water passed by City Council may include methods of enforcement for compliance. These methods of compliance, in addition to imposition of fines as penalties may include excess use charges to be imposed on any water customer exceeding the allotment set forth in the emergency ordinance for water rationing. Any monies collected through this excess use charge procedure are to be placed in a reserve or capital account for public improvements relating to water supply projects.
(2) In addition to excess use charges, noncompliance with water rationing may result in awarding of possible discontinuation of service for the first excess use of a customer. Discontinuation of service may result from second or subsequent excess use occurrences of a customer for a period of time not to exceed 48 hours. Another measure that may be taken in lieu of discontinuation of service is installation of a flow restrictor, the costs of such installation to be paid by the customer. Prior to discontinuance or interruption of service, any customer must be given prior written notice and afforded the opportunity to address the City Council in the nature of an appeal.
Prior to action by City Council in declaring any of the water shortage response phases set forth herein, the Mayor is empowered to issue an executive order declaring that a particular water shortage response phase and the regulatory measure imposed is a result of such phase being declared. As part of that executive order, the Mayor shall set forth the basis or justification for making such declaration on an emergency basis. The executive order declaring any water shortage response phase shall continue into effect until suspended or lifted by issuance of a subsequent executive order and in any event shall be subject to approval of the City Council at its next regular or special meeting.
(Ord. 1988-13, passed 7-25-88)
In addition to the penalty described in § 50.99(B), any customer violating any of the water use restrictions imposed pursuant to the declaration of the water shortage response phases provided in §§ 50.78 through 50.81 is subject to other enforcement measures as outlined herein. A written notice of the violation shall be affixed or posted on the property where the violation occurred and mailed to the customer of record or to any other person known to be responsible for the violation or its correction. This notice shall be sent by the Supervisor of Water and Sewer Department or other proper designated entity and shall describe the violation with direction that it be corrected, cured, or abated immediately or within a certain specified time. If the order is not complied with by the customer, termination of water service to the customer may occur, subject to the following procedures: notice shall be given to the customer by mail that due to the violation, water services will be discontinued within certain time and that the customer has the opportunity to appeal that termination by requesting a hearing before the City Council. If such a hearing is requested, the customer shall be given a full opportunity to be heard before termination is ordered. The City Council shall make findings from facts presented to it during any such hearing prior to ordering termination of service and as an alternative to such termination, may take other measures that are reasonable under the circumstances to conserve water and yet still provide access of reasonable service to the customer.
(Ord. 1988-13, passed 7-25-88)
(A) Any person or entity who violates any of the rules and regulations regarding service applicable to the combined and consolidated water and sewer system of the city which rules and regulations are set in detail in this chapter shall, upon conviction thereof, be fined an amount not less than fifty dollars ($50) nor more than one hundred dollars ($100) per violation. Citations may be paid prior to a court hearing and if pre-paid within five (5) business days of issuance, said fines may be pre-paid at fifty dollars ($50) per occurrence. Pre-paid fines shall be paid to the City Clerk-Treasurer at City Hall, Main Street, Walton, Kentucky.
(Ord. 1991-27, passed 12-12-91)
(B) Any customer who violates any water shortage response phase and the accompanying restrictions on use of water shall be subject to a fine not to exceed two hundred fifty dollars ($250) for each violation and each day the violation continues shall constitute a separate offense.
(Ord. 1988-13, passed 7-25-88)