Park City, Utah

13- 1-28. DRINKING WATER SOURCE PROTECTION.

TITLE 13 - WATER CODE

CHAPTER 1 - CITY WATER SERVICE

13- 1- 1. METERED SERVICE.

A base rate will be charged to all water connections according to the size of the meter in use. The base rate for all meter sizes shall be established by resolution: All water used from the City water system for household, domestic, irrigation, commercial, industrial, or any other use shall be metered and water paid for according to the quantity used.

All water delivered through each meter shall be charged at a rate as established by resolution. Unoccupied structures will be billed the charge set by resolution for the meter used in the structure unless a service disconnect request has been received by the Water Department. When an oversized meter is required for fire sprinklers, the base charge will be adjusted downward to reflect the meter size that would have been used for the culinary and irrigation demand.

(Amended by Ord. No. 02-16)

13- 1- 2. WATER CONSERVATION RATES.

All water billed between June 1 and October 30 of each year for water delivered through each meter serving individually metered residential (single-family, condo, townhouse) and through each meter serving multi-family residential and landscape irrigation customers shall be billed at the rate established by resolution.

The water conservation rates established by said resolution are based on the City's cost of providing water service, which cost may change. The City Manager may provide administrative relief up to a twenty percent (20%) reduction in any water billing following application to and recommendation by the Public Works Director in cases of hardship or unusual circumstances.

(Amended by Ord. No. 02-16; 04-27)

13-1- 3. METER READING.

Meters may be read monthly, but shall be read a minimum of five (5) times per year. In the event that one reading covers consumption for more than one month, consumption shall be prorated equally to each month included in the meter reading. By connecting to the water system, property owners and occupants of the property are deemed to have consented to permit meter readers onto their property to read the meters. In the event that meters were installed within any building on the premises, and there is no remote read-out device, the property owner or occupant must permit access for the reading of the meter during normal business hours as a condition of continued water service.

13- 1- 4. METER ERROR.

In the event that a meter malfunctions so that a reliable reading is not possible, charges shall be estimated.

13- 1- 5. METER TEST.

If a water user contests the accuracy of a meter, which when removed and checked, proves to be accurate or under reading, the actual costs of removing, replacing, and testing the meter shall be charged to the water user on the next water bill. If the meter is over reading, no charge will be made for the repair, and an adjustment for the error will be estimated, for not more than three months. Meter errors of three percent (3%) or less shall be deemed accurate readings. If upon the second rereading requested by the customer within six (6) months the meter is found to be accurate, a reread charge as established by resolution will be included in the next billing.

13- 1- 6. METER TAMPERING.

It shall be a violation of this Title to tamper with or bypass any water meter for the purpose of causing it to produce inaccurate meter readings or for any other purpose, or to willfully cause damage to any water meter. Willful consumption of water through a meter known to be damaged, bypassed, or tampered with, constitutes theft of services and may be punishable as a felony. All meters installed throughout the system shall become the property of the City upon installation. Only meters meeting the City's specifications may be used.

13- 1- 7. DISCOUNT OF RATES.

The City Manager shall be authorized to discount water charges for indigent persons who suffer serious hardship as a result of increased rates. The discounted rate shall never be less than two dollar ($2.00) per month. All current senior rate payers will be grandfathered at the current $2.00/month base rate for the first 10,000 gallons. Additional use will be billed at the normal user rates as established by resolution pursuant to Section 13-1-1 .

13- 1- 8. BILLING.

The City Finance Department shall send a monthly or bi-monthly billing for water used in the previous month as shown by the meter readings or as estimated. Payment is due within fifteen (15) days from receipt of the bill, or by the end of the month when the bill is mailed.

Interest shall be assessed against all accounts which are more than thirty (30) days past due at the rate of one and a half percent (1½%) per month, which is an annual rate of eighteen percent (18%). An account is due and payable upon mailing of the monthly statement, and interest will be assessed if the bill, or any portion of the bill, remains unpaid thirty (30) days from mailing. Interest will be charged only against the unpaid balance, and not against any partial payment, or against the current billing cycle charges.

13- 1- 9. SHUT OFF.

In the event of non-payment of any billing for city service and a sixty (60) day balance exceeding fifty dollars ($50.00), the City may maintain an action to recover the amount owed, and after giving written notice to the owner of the property and the occupant thereof, may terminate service. Notice of termination of service shall be served upon the occupant of the property in person, or shall be posted on the property, and notice shall be given to the owner of the property by mail to the last known address if the owner has signed a service agreement with the Water Department. When more than one dwelling or unit is served through a single water meter, or when there are multiple or time-share owners, notice may be given to the owners association, management company or representative owner as shown on the City billing records. The multi-unit, single metered structures shall be posted with notice of termination, but it shall not be necessary to post each unit served. Service shall not be terminated for non-payment without at least ten (10) days notice.

13- 1-10. METER DEPOSIT.

All customers requesting new services will be required to pay a deposit as set forth by resolution. If no outstanding, unpaid balance occurs for twelve (12) consecutive months, the deposit will be applied to the thirteenth (13th) month bill. However, if the occupant paying the deposit is a renter, the City shall retain the deposit until the renter vacates the unit, at which time the deposit shall be returned to the renter. No interest will be paid on the deposit.

13- 1-11. REINSTATEMENT OF WATER SERVICE.

Any water customer who has had water shut off for non-payment of a bill, failure to repair leaks, or failure to comply with a requested curtailment during a water emergency, in addition to any other fees, monies owed, deposits or fines, shall pay a reconnection fee as established by resolution before service is reinstated.

13- 1-12. RETURNED CHECKS.

Any user paying by check will pay an additional fifteen dollar ($15.00) fee if the check is returned by the bank for any reason.

13- 1-13. CONENCTION TO SYSTEM.

Prior to connection, the owner must sign a customer agreement. Applicants for water service shall include in their system a suitable meter box or vault, and all appurtenances to specifications required by the Public Works Department and approved at the time the building permit is issued. It shall be unlawful for unauthorized individuals to tap or connect to the Park City Municipal water distribution system without authorization. The owner of the property with an unauthorized connection shall be liable to the City for all water use resulting from such connection and may be subject to criminal fines and penalties. All connections shall be approved and inspected by the City Engineer. Upon connection, regular water service fees must be paid.

(Renumbered by Ord. No. 04-27)

13- 1-14. WATER METER FEES.

All water meters shall be supplied and installed by Park City Municipal Corporation or by its authorized representative. For all water lines serving residential and commercial uses, an installation fee shall be paid to the Building Official at the time the building permit is issued. The meter installation fee shall be established by resolution.

13- 1-15. ACCESSIBILITY OF WATER METERS.

All water meters shall be located in City rights-of-way or utility easements with direct and reasonable access for City water crews on accessible property lines unless otherwise authorized by the Director of Public Works or the City Engineer.

13- 1-16. WATER CONNECTION PLAN.

Any applicant for development with a two inch (2") water meter or larger meter shall submit to the Water Department a water connection plan for approval by the Water Department prior to the installation of water service lines and to the issuance of a building permit. The water connection plan shall include the location of meters, service lines and water mains in relation to the property lines, streets, driveways, City mains and the buildings to be served.

13- 1-17. RESPONSIBILITY FOR REPAIR AND MAINTENANCE.

The City shall be responsible to maintain and repair water lines lying within City rights-of-way and utility easements. Water meters shall be maintained and repaired by the City so long as the meter lies within five feet (5') of City property, rights-of-way, or utility easements and not within any building. The property owner shall repair and maintain all water lines on its property outside of the City rights-of-way or utility easements.

13- 1-18. LEAKING PIPES OR FIXTURES.

If at any time, the City Manager or his/her designate shall ascertain that the plumbing fixtures, appliances, sprinkler systems or service lines on any premises are leaking or otherwise wasting water, he/she shall immediately give notice to the property owner to repair the same. If the same is not repaired within forty-eight (48) hours after notice has been given, the Public Works Director or his/her agent shall shut off the water from the premises and shall immediately notify the City Fire Marshal.

Notice for the purposes of this section shall consist of any of the following:

(A) Posting notice on the premises;

(B) Leaving notice with any occupant or employee on the premises over the age of eighteen (18) years;

(C) Mailed notice by regular mail, to the owner or responsible party according to the records of the Water Department. Notice shall be deemed received three (3) days after such mailed notice is sent.

13- 1-19. SERVICE CALLS.

When a water customer requests a service call by Park City Municipal Corporation, and no problem exists on the City side of the meter, Park City Municipal Corporation, at the discretion of the Public Works Director, may charge a fee as set forth by resolution for the second such call for the same complaint made within one (1) year by the same water customer. After the second call, every subsequent call shall also be chargeable at the same rate.

13- 1-20. SERVICE AGREEMENT.

Park City Municipal Corporation shall require all persons desiring water service and the owner of real property to be serviced to sign a service agreement. Said agreement shall be binding upon both the City and the individual in setting forth terms and conditions of water service and methods of collection of past due amounts owed for water service. When more than one dwelling or unit is served by a single water meter or when there are multiple owners or time-share interval owners of the property, the service agreement will designate a single responsible party to whom all notices and billings shall be sent. Notice to the responsible party shall have the same force and effect as notice to the owners.

13- 1-21. WATER CONSERVATION.

In order to conserve water, a limited resource in Utah, outside watering of lawns and landscaped areas using City water will be restricted to every other day from May 1 to September 30. Outside watering at even-numbered street addresses shall be limited to even-numbered days of the month and outside watering at odd-numbered addresses shall be limited to odd-numbered days of the month. Hours of outside watering shall be restricted to between 7:00 p.m. and 10:00 a.m. Exceptions to these outside watering restrictions may be permitted, in writing, by the Public Works Director for new landscaping and seeding.

13- 1-22. WATER EMERGENCIES.

The Mayor may declare by executive order, or the City Council may declare by resolution, a state of water emergency when it appears to the Mayor or the City Council that the City's water sources are incapable of producing sufficient water to meet all the needs of the City's water users.

(A) During a declared water emergency, water service may be interrupted in any or all parts of the City in order to effect repairs, provide water for fire fighting, or for any other good cause. Upon the expiration of the emergency, water service shall be restored without charge.

(B) Upon such a declaration, and for the duration of the state of water emergency, it shall be unlawful to use Park City Municipal water supply water for outside irrigation, watering, or sprinkling uses, except as provided in Paragraph "(C)" of this section .

(C) The declaration of state of water emergency shall specify outside watering and irrigation schedules and may specify other water conservation measures appropriate to the circumstances of the emergency.

(D) The owner or tenant of property cited for illegal watering or irrigation under this Title shall be required to pay a penalty in the amount set forth by resolution and, if the allegations in the citation are not contested, may forfeit the penalty in lieu of trying the charges.

(E) Bail and/or fines shall be paid to Park City Municipal Corporation by cash or check to the City's post office box (which shall be stated on all citations) or at the City offices. Unpaid, uncontested bail forfeitures and fines may be debited against the municipal water account of the cited party and will be subject to collection pursuant to City water bill collection policies.

(F) The provisions of this Title shall not apply insofar as the watering restrictions established herein are in conflict with any provision of the Park City Land Management Code.

(Amended by Ord. No. 03-28)

13- 1-23. FIRE HYDRANTS.

No individual may draw water from a fire hydrant without the written permission from the Director of Public Works and in compliance with Section 10.203 of the Uniform Fire Code. The Park City Fire Service District is authorized to draw water from fire hydrants in the case of fire at all times without advance notice. The Park City Fire Service District after notification to the Director of Public Works, may utilize the fire hydrants in the course of training or practice exercises. Any unauthorized connection to a fire hydrant is a violation of this Title.

13- 1-24. PUBLIC HEALTH.

For reasons of public health, the City Manager may extend or reinstate water service to indigent individuals regardless of past due amounts owed or ability to pay. A reasonable fee for such services may be established by the City Manager.

13- 1-25. SALE OF WATER OUTSIDE OF PARK CITY.

It is the policy of the City to provide culinary water within the corporate limits of Park City . Those individuals or entities desiring connection to the Park City water system must petition the Park City Council for Annexation as a condition of water service. Those individuals and entities outside the corporate limits of Park City currently connected to the water system and receiving water shall agree to abide by the terms and conditions of this Title and shall pay double the applicable rate charged for water provided inside the corporate limits of Park City. Upon annexation, they will receive water service at the normal rate.

13- 1-26. WATER USE DURING PERIODS OF DROUGHT.

(A) OBJECTIVE. The objective of this section is to establish authority, policy and procedure by which the Park City Water Service District and Park City Municipal Corporation will assure during periods of water shortages that the peak daily demand for water does not exceed ninety percent (90%) of available water source capacity.

(B) STAGE ONE DROUGHT. Stage One of a drought shall exist when the Public Works Director, or his or her designee, determines that water demand has exceeded eighty-five percent (85%) of available water source capacity. During Stage One of a drought, the Public Works Director shall immediately implement the measures set forth in the Stage I goals outlined in the City's "Water Conservation and Drought Management Plan."

(C) STAGE TWO DROUGHT. Stage Two of a drought shall exist when the Public Works Director, or his or her designee, determines that water demand continues to exceed ninety percent (90%) of available water source capacity in spite of the implementation of Stage One measures. During Stage Two of a drought, the Park City Mayor, or his or her designee, shall by executive order impose the following regulations:

(1) Lawn and landscape irrigation shall be limited to two (2) times per week. Houses with odd address numbers shall be allowed to use water for outdoor irrigation on Monday and Thursday. Houses with even address numbers shall be allowed to use water for outdoor irrigation on Tuesday and Friday. All other use of water for outdoor irrigation shall be prohibited;

(2) Sidewalk and driveway washing shall be prohibited;

(3) Car washing, unless done at a commercial car wash that recycles water, shall be prohibited; and

(4) The installation of additional lawn or landscaping, whether by seed or sod, shall be prohibited.

(D) STAGE THREE DROUGHT. Stage Three of a drought shall exist when the Public Works Director, or his or her designee, determines that water demand continues to exceed ninety percent (90%) of available water source capacity in spite of the implementation of Stage Two measures. During Stage Three of a drought, the Park City Mayor, or his or her designee, shall by executive order impose the following regulations:

(1) All acts prohibited during Stage Two of a drought shall be prohibited during Stage Three of a drought;

(2) All use of water for outdoor irrigation shall be prohibited except as needed for the health and safety of residents and visitors as per the Parks Water Reduction Plan;

(3) Use of water in ornamental fountains, ponds, or other aesthetic water features shall be prohibited;

(4) New or additional connections to the Park City Water Service District's water distribution system shall be prohibited;

(5) The use of water for filling or refilling all private and public swimming pools shall be prohibited; and

(6) The irrigation of the Park City Municipal Golf Course shall be per the Golf Water Reduction Plan.

(E) NOTICE. The Public Works Director in the case of a State One drought and the Mayor in the case of a Stage Two or Stage Three drought, shall provide notice of his or her declaration of drought stage as follows:

(1) Notice shall be published in a newspaper of general circulation in the Park City community at least once each week during the period of drought;

(2) Public service announcements shall be made on a radio station broadcasting in the Park City community at least once each day during the period of drought; and

(3) Written notice shall be posted on all government buildings.

(F) ENFORCEMENT. Upon a first violation of this ordinance, in addition to any fine imposed pursuant to Section 28 of this Title, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to be responsible for the violation or its correction shall be provided with notice. Said notice shall describe the violation and order that it be corrected within such specified time as the Public Works Director determines is reasonable under the circumstances.

If the violation is not corrected within the prescribed time, the Public Works Director may order the disconnection of water service to the violating property subject to the following procedures:

(1) The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a City official designated as a hearing officer by the governing body;

(2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and

(3) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.

(G) RECONNECTION. A fee of $100 shall be paid for the reconnection of any water service terminated pursuant to subsection (A). In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections.

(Amended by Ord. Nos. 03-28; 07-39)

13- 1-27. PENALTY.

All violations of this Title shall be a Class B misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) and incarceration not exceeding six (6) months. Unauthorized taking of water is theft of services and may be a felony if the taking exceeds a value of one thousand dollars ($1,000).

(Amended by Ord. No. 03-28)

13- 1-28. DRINKING WATER SOURCE PROTECTION.

(Section Created by Ord. No. 06-51)

(A) DEFINITIONS. When used in this Ordinance, the following words and phrases shall have the meanings given in this Section:

(1) DESIGN STANDARD. A control that is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example of a design standard.

(2) LAND MANAGEMENT STATEGIES. Zoning and non-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinance, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, ground-water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.

(3) POLLUTION SOURCE. Point source discharges of contaminants to ground water or potential discharges of the liquid forms of "estremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain field, class V underground injection wells, landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten animal units. The following clarify the definition of pollution source:

(a) Animal Feeding Operation. A lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any potion of the lot or facility. Two (2) or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.

(b) Animal Unit. A unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by .04, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.

(c) Extremely Hazardous Substances. Those substances which are identified in the Sec. 302(EHS) column of the "Title III List of Lists - Consolidated LIst of Chemicals Subject to Reporting Under SARA Title III." (EPA 560/4-91-011).

(4) POTENTIAL CONTAMINATION SOURCE. Any facility or site which employees an activity or procedure, which may potentially contaminate ground water. A pollution source is also a potential contamination source.

(5) REGULATORY AGENCY. Any governmental agency with jurisdiction over hazardous waste as defined herein.

(6) SANITARY LANDFILL. A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

(7) WELLHEAD. The upper terminal of a well, including adapters, ports, seals, valves and other attachments.

(B) ESTABLISHMENT OF DRINKING WATER SOURCE PROTECTOIN ZONES. There are hereby established use districts to be known as zones one, two, three, and four of the drinking water source protectoin area identified and described below.

(1) ZONE ONE. The area within a 100-foot radius from the wellhead.

(2) ZONE TWO. The area within the 250-day ground water line of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the ground-water source, or the ground water divide, whichever is closer.

(3) ZONE THREE. Waiver Criteria Zone. The area within a three (3) year ground wtar time of travel to be wellhead or margin of the collection areas, the boundary of the aquifer(s) which uspplies water to the ground-water source, or the ground-water divide whichever is closer.

(4) ZONE FOUR. The area within a fifteen (15) year ground-water time of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the ground-water source, or the ground-water divide, whichever is closer.

(1) PERMITTED USES. The following uses shall be permitted within drinking water source protection zones.

(2) Any other open land use where any building located on the property is incidental and accessory to the primary open land use.

(D) PROHIBITED USES. The following uses or conditions shall be and are hereby prohibited within drinking water sources protection zones, whether or not such use or condition may otherwise be ordinarily included as part of the use permitted under Section 4 of the ordinance.

(1) ZONE ONE. The location of potential contamination sources as defined herein unless they are controlled with design standards.

(2) ZONE TWO. The location of pollution sources as defined herein, unless they are contaminated discharges are controlled with design standards.

(3) ZONES THREE AND FOUR. The location of potential contamination sources unless they are controlled through land management strategies.

(E) ADMINISTRATION. The polices and procedures for administration of any souce protection zone established under this ordinance, including without limitation those applicable to non-conforming uses, exception, enforcement and penalties, shall be the same as provided in the exising zoning ordinance for Park City, as the same is presently enacted or may from time to time be amended.