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Home My WebLink About2005-03-02 Council Packet - Work SessionKenai City Council Work Session March 2, 2005 Public KMC Title 17 Water and Sewer Utilities .? 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907)283-7535, Ext. 236, FAX: (907)283-3014 '1111' 1992 KENAI. ALASKA MEMORANDUM TO' Linda L. Snow, City Manager FROM- Keith Kornelis, Public Works Manager DATE' February 2, 2005 SUBJECT: KMC Title 17 Public Water and Sewer Utilities Public Utility Regulations and Rates Ordinance No. 2078-2005 replaces KMC Title 17 and the Public Utility Regulation and Rates in its entirety. I have made changes suggested by Department Heads, City Attorney, and many other City employees. There have been many drafts reviewed by everyone. The purpose of these changes is' · Update and clarify the rules and regulations. · Organize the rules and regulations. · Make the rules and regulations easier to read and understand. · Make the rules and regulations fair to all users. · Make the items that are common to water and sewer consistent. · Delete the rules and regulations that are outdated and never used before. · Increase operational service costs. To make this review easier I have attached' · White Paper- Revisions 1/25/05. This takes the old existing code and regulations and underlines new additions and [BRACKETS AND CAPS] deleted items. · Yellow Paper- Proposed 2/1/05. This is the new code and regulations with the changes made. · Gray Paper-Code as it is now. This is the old code and regulations. There are many changes to the existing KMC Title 17 and Utility Regulations. Below is a list of some of the major changes. 1. The property owner is responsible for the water and sewer service lines from the structure to the main line. Prior ordinance had the City responsible for the "connection" (main line to property line) even if the line was plugged by the owner. Linda L. Snow, City Manager Page 2 February 2, 2005 2. The water and sewer permit is valid for six (6) months and the cost was increased from $100 to $200. 3. There is no charge for water or sewer from when the permit is paid for six (6) months unless there is a final inspection or the building is occupied, in which case appropriate monthly charges start. o Property owners are required to contact the City to apply for water and sewer services, change in service, discontinuance of service or whenever they alter their building. 5. Owners of new commercial buildings are required to furnish and install water ading. ~ .,~6. The fee for turning the w~r service off or on (except for the first time) was,,,.--'#'~-- ,,,/.~,,,~,~ t~, increased from $10 to($50'~Juring normal duty hours and from $20 to $100"for c~"~'~2'~ ove udes water turn off and on for non-payment of services. 7. Property owners would now be allowed to suspend water and sewer services but will have to pay for the water turn off and on. 8. Service customers will have to maintain their grease, oil, and sand interceptors to remove grease or oil-laden wastes. 9. The customer deposit was raised from $20 to $50 for each service (refunded after two years). 10. Using a fire hydrant requires a deposit of $200 (increased from $150) and the cost of water was increased from $30/day to $40/day (or at metered rate). I consider the Water, Sewer, and Sewer Treatment Departments as a co-op of users. Since I pay a water and sewer bill to the City, I am a member. Title 17 and the Utility Regulations should be written to be fair and equitable to the group of users who pay for these utilities. I think these changes do that. I received a lot of great suggestions and help in making these changes to KMC Title 17 and Utility Regulations. Thank you to the many people who helped. 6." SCHEDULE F -CHARGE FOR WATER'~ SEWER SERVICE The property owner will be charged the appropriate water and sewer rate whenever the curb stop or valve in the valve box is turned on and available to deliver water (A4). However, if the property owner can assure the City that the water is being used for construction purposes only and not being disposed of in the Municipal Sewer System, the property owner will be required to pay ohly the water portion of the bill. The property owner is required to notify the City before they start using the Municipal Sewer System. ' - APX- 12 Z REVISIONS 2/1/05 Underline- Additions Brackets and Caps-- Deletions Title 17 PUBLIC WATER AND SEWER UTILITIES [AND ENTERPRISES] Chapters: 17.05 ~7.~[~0]~5 ~7. [~5120 17.[20]10 [17.25 17.[30125 [17.35 Water System Sewer System [PRIVATE] Connection to Public Sewer System[S] Connection to Public Water System PENALTY FOR LATE PAYMENT] Prohibited Discharge of Certain Substances into Sanitary System BEAVER CREEK GROUND WATER SYSTEM] Chapter 17.05 WATER SYSTEM Sections: 17.05.010 Definitions. 17.05.020 Connection [PROVIDED]/Extensions. 17.05.030 Private systems. 17.05.40 [RULES AND REGULATIONS.] Service outside City. 17.05.050 Plugged or frozen connections and ex- tensions. 17.05.060 Discontinuance of service. 17.05.070 [SCHEDULES OF RATES;] Rules [AND] regulations, and rates. 17.05.0801 Penalty for late payment. 17.05.010 Definitions. (a) "Water main" shall mean that part of the water distribution system intended to serve more than one water connection. (b) The term "water connection" shall mean that part of the water distribution system connecting the water main with the lot line of abutting property. (c) The term "water extension" shall mean that part of the water distribution system extending from the water connection into the premises served including the valve and valve box. (KC ~ 7-50) 17.05.020 Connections [PROVIDED1/Extensions. (a) Water Connections to City water main shall be installed only by the City or by City-approved con- tractors and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the rules and rates schedules adopted pursuant to this Code. (b) No person.shall install a new or lnake a change in an existing water extension or water connection without first obtaining and paying for a written permit fi'om the [PERSON DESIGNATED TO ISSUE SUCH PERMIT OR FROM THE] City [ENGINEER]. The water (and sewer) permit i~ valid for only six (6) months fi'om the date of issue. If the water and/or sewer line is not installed within this six (6) months, a new permit, at no additional cost, will be required. (c)No water service line shall be installed without _a valve and valve box between the water connection and extension. (d)No water connection or extension shall be made or backfilled until it is inspected and approved by the City. The Contractor, who shall be a City- approved contractor, shall notify the City at least twenty-four (24) hours in advance of the time re- quested for inspection. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property_ owners are responsible to contact the City billing department when alterations to a build- lng would change their billing account. (f) Owners of new or significantly modified com- mercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. (KC 17-51) 17.05.030 Private systems. (a) No person shall construct or change any private water main, connection, or extension which will be served directly or indirectly by the City water dis- tribution system without first obtaining and paying for a written permit from the [PERSON DESIGNATED TO ISSUE SUCH PERMITS OR FROM THE] City [ENGINEER, SAID PERMIT TO PRESCRIBE THE CONDITIONS OF SUCH CONSTRUCTION] and following any outlining conditions prescribed by the City. [(B)NO PERSON SHALL INSTALL ANY WATER CONNECTION TO ANY PRIVATE MAIN WHICH WILL BE SERVED DIRECTLY OR INDIRECTLY BY THE CITY WATER DISTRIBUTION SYSTEM WITHOUT FIRST OBTAINING AND PAYING FOR A WRITTEN PERMIT FROM THE PERSON DESIGNATED BY THE COUNCIL TO ISSUE SUCH PERMIT OR FROM THE CITY ENGINEER, AND SAID PERMIT SHALL SPECIFY CONDITIONS PRESCRIBED FOR SAID INSTALLATION] [(C)NO PERSON SHALL INSTALL ANY WATER EXTENSION FROM WATER CONNECTION OF ANY PRI'VATE WATER MAIN WHICH WILL BE SERVED DIRECTLY OR INDIRECTLY BY THE CITY WATER DISTRIBUTION SYSTEM WITHOUT FIRST OBTAINING AND PAYING FOR A WRITTEN pERMIT FROM THE PERSON DESIGNATED BY THE COUNCIL TO ISSUE SUCH PERMITS, OR FROM THE CITY ENGINEER AND SUCH PERMIT SHALL STATE CONDITIONS PRESCRIBED BY HIM.] (KC 17-52) ,17.05.040 Service outside city. (a) No property_ located outside the limits of the City shall be served directly or indirectly by the City water system unless such main con- nection or extension has been authorized by Council either in the individual case or as part of a water addition specifically authorized by Council. (b) Each water service, which is outside the City and connected to the City water system shall be charged as set forth bythe regulations. The charge shall be the obligation of the owner of the premises served by the C i_ty water. 17.05.050 Plul~eed or frozen connections and extensions. (a) The City will in no way be responsible for water extensions or for water connections that were in- stalled by the property owner. (b) [CONSUMERS] The property owner will be responsible for all fi'ozen water connections and extensions, and the City will not be responsible therefore. (c) The City will maintain and repair City-installed [ALL] water connections [EXCEPT iFOR DAMAGES RESULTING FROM FREEZING. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR WATER EXTENSIONS] that are damaged by a structural, mechanical fail- ure, or broken pipe. If a contractor or utility com- pany caused the problem, the City will ask them to make the repairs or pay for the repairs. (KC 17-54) 17.05.060 Discontinuance of service. (a) Water may at any time be shut off[FROM THE WATER MAIN] without notice for repairs, exten- sions, or other necessary purposes. The City will not be liable to the consumer for any loss or damage which may be caused by the failure of the City to deliver water. Whenever feasible, the City shall give public notice of shutoffs, but shall not be bound to do so. (b) Failure to pay the water charge when due gives the City the right to discontinue water and sewer service to any residence within 21 days of notice of an unpaid bill. The cost to turn the water off and to turn the water back on will be paid for by the owner as per Regulations and Rates. Discontinuance of service in no way affects the City's right to enforce collection of past due water charges. (KC 17-55) 17.05.070 [Schedules of rates; rules and egula- tions] Rules~ regulations~ and rates. (a) See Appendices on Public Utility Regulations and Rates for additional details. (b) No property shall be served directly or indi- rectly by the City water distribution system unless the person so served or his authorized representa- tive has first entered into a contract with the City for such service. No water shall be sold outside the City unless the premises served comply with the rules, regulations, and standards specified for the City. (c) The [MANAGER OF THE] City [WATER DISTRIBUTION SYSTEM] is hereby empowered to discontinue water and sewer service for non- payment of any utility service charges, connection fees, and the like. Utility billing and deposits for water service shall be as provided in rules and regu- lations fol' administration of this water system. (d) No person, other than an authorized employee or designated contractor of the City, shall turn on or off any water service at the key box. The Water key box belongs to the property owner, and it is the owner's responsibility to know where it is located. (e) No water main connection or extension shall be lnade or backfilled until it is inspected and ap- proved by the [PUBLIC WORKS DIRECTOR OR HIS DESIGNATED REPRESENTATIVE] City. No one is allowed to tie into a water lnain prior to authorizatiOn by on-site Ci_ty personnel. The con- tractor who shall be a City-approved contractor, for a main or connection shall notify the City at least twenty-four (24) hours in advance of the time re- quested for inspection. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (f) No person shall refuse to admit, after notice and at reasonable hours, the premises owned or oc- cupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspecting any piping in connection with the water distribution system. (g) No consumer shall resell water. (h) The City Administrator is hereby elnpowered, subject to approval by the Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to water mains, connections, and ex- tensions which will be served directly or indirectly by the water distribution system, as are necessary to protect public property or the safety and health of the public, and to establish rates for water billing and collections for the support of the system, and no person shall fail to comply with any such rule or regulation. Water service may be discontinued for non-payment of any utility service charges. (KC 17-56; Repealed Ord. 686) !7.05.080 Penal ,ty for late payment. Failure to pay a water and sewer bill for ser- vices in full by the 20th day of the month, following the month for which services are billed, shall result in a penal _ty charge on the amount due. In addition to such penalty, interest shall be charged. Such pen- alty charge and interest shall be computed as speci- fied in KMC 1.75.010. Chapter 17.11015 SEWER SYSTEM Sections: 17.1 [0]5.010 Definitions. 17.1 [0]5.020 Connections. 17.11015.030 Private systems. 17.11015.040 Service outside cityl 17.1 [0]5.050 Plugged or Frozen connections and extensions. 17.1 [0]5.060 Discontinuance of'service. 17.1 [0']5.070 Rules, regulations and rates. 17.15.080 Penalty for late payment. 17.11015.010 Definitions. (a) The term "sewer main" shall mean that part of the sewerage system intended to serve more than one sewer connection. (b) The term "sewer connection" shall mean that part of the sewerage system connecting the sewer main and the lot line of abutting property. (c) The term "sewer extension" shall mean that part of the sewerage system extending from the sewer connection into the premises served including the connecting device at the property_ line. (KC 17-57) 17.11015.020 Connections/Extensions. (a) Sewer connections to City sewer mains shall be installed only by the City or by a City-approved contractor and then, except as provided elsewhere in this Code, only upon payment of the fee as pro- vided by the rules and rates schedules adopted pur- suant to this Code. [THE CITY SHALL BILL THE PROPERTY OWNER FOR LABOR AND MATERIALS, PLUS TEN PERCENT (10%) OR SUCH FLAT RATE AMOUNTS AS MAY BE ESTABLISHED BY THE CITY ADMINISTRATOR AND APPROVED BY THE CITY COUNCIL.] (b) No person shall install a new or make a change in a sewer extension or sewer connection without first obtaining and paying for a written permit from the City [ENGINEER]. The sewer (and water) permit is valid for only six (6)months from the date of issue. If the water and/or sewer line is not in- stalled within this six (6) months, a new permit, at no additional cost, will be required. (c) No person shall install a sewer connection without a check valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such service connec- tion. (d) No sewer main connection or extension shall be made or backfilled until it is inspected and ap- proved by the [PUBLIC WORKS DIRECTOR OR HIS DESIGNATED REPRESENTATIVE] City. The Contractor, who shall be a City-approved con- tractor, shall notifY the City at least twenty-four (24) hours in advance of the time requested for in- spection. A fee for a sewer permit, established un- der Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property owners are responsible to contact the City billing department when alterations to a build- lng would change their billing account. (KC 17-58; Ords. 343,686) 17.11015.030 Private systems. (a) No person shall construct or change any private sewer main, connection, or extension which will be served directly or indirectly by the City sewerage system without first obtaining and paying for a writ- ten permit from the City [ENGINEER UNDER ANY OUTLINING CONDITIONS PRESCRIBED BY HIM] and following any outlining conditions prescribed by the City. [(B)NO PERSON SHALL INSTALL ANY SEWER CONNECTION TO ANY PRIVATE SEWER MAIN WHICH WILL BE SERVED DIRECTLY OR INDIRECTLY BY THE CITY SEWERAGE SYSTEM WITHOUT FIRST OBTAINING AND PAYING FOR A WRITTEN PERMIT FROM THE PERSON DESIGNATED, OR THE CITY ENGINEER UNDER ANY OUTLINING CONDITIONS PRESCRIBED BY HIM.] [(C)NO PERSON SHALL INSTALL ANY SEWER EXTENSION FROM A CONNECTION OF ANY PRIVATE SEWER MAIN WHICH WILL BE SERVED DIRECTLY OR INDIRECTLY BY THE CITY SEWERAGE SYSTEM WITHOUT FIRST OBTAINING AND PAYING FOR A WRITTEN PERMIT FROM THE CITY ENGINEER UNDER ANY OUTLINING CONDITIONS PRESCRIBED BY HIM.] (KC 17-59) 17.110]_5.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City sewerage system unless such main, connection or extension has been authorized by Council either in the individual case or as part of a sewer [EXTENSION] addition specifically authorized by Council. (c) Each sewer service which is outside the City and connected to the City sewer system shall be charged [NOT LESS THAN $25 PER MONTH AND HIGHER CHARGES MAY BE ESTABLISHED BY REGULATION] as set forth by the regulations. The charge shall be the obligation of the owner of the premises served by the City sewer. JIF THE PREMISES ARE OCCUPIED BY A PERSON NOT THE OWNER, THAT PERSON SHALL BE JOINTLY AND SEVERALLY LIABLE FOR TH.E MONTHLY SEWER CHARGE WITH THE OWNER.] (Move the following to 17.15,060 (b) Failure to pay the sewer charge when due gives the City the right to [IMMEDIATELY] discontinue water and sewer service to any residence [UPON WHICH CHARGE IS UNPAID] within 21 days of notice of an unpaid bill. Discontinuance of service in no way affects the City's right to enforce collec- tion of past due sewer charges. (KC 17-60) 17.110}_5.050 'Piu~tzed or Frozen connections and extensions. (a) The City will in no way be responsible for sewer extensions or for sewer connections that were in- stalled by the property owner. (b) [CUSTOMERS] The property owner__will be responsible for all frozen sewer connections and extensions, and the City will not be responsible therefor. (c) The City will maintain and repair City-installed sewer connections, [EXCEPT FOR DAMAGES RESULTING FROM FREEZING. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR SEWER EXTENSIONS] that are from a structural, mechanical failure or broken pipe. If a contractor or utility company caused the problem, the City will ask them to make the repairs or pay for the repairs. (d) Consumers will be responsible to clean and re- pair all sewer connections and extensions that are plugged from items placed in the lines by the con- sumer. If the main sewer line is clear and has not been plugged within one week of the connection or extension plug, then it is the consumer's responsi- bility to clean and repair the sewer connection and extension. (KC 17-61) 17.11015.060 Discontinuance of service. (a) The City may at any time without notice discon- tinue sewer service for repairs and the like without liability for resulting loss or damage. Public notice of service interruptions will be given whenever pos- sible but the City shall not be bound to do so. (b) (Move from 17.15.040) (KC 17-62) 17.11015.070 Rules, regulations and rates. (a) See Appendices on Public Utility Regulations and Rates for additional details. (b) No property shall be served directly or indirectly by the Ci_ty sewer collection system unless the per- SOB SO served or his authorized representative has first entered into a contract with the City for such service. No sewer shall be deposited from outside the City unless the premises served comply with the rules, regulations, and standards specified for the City. (c) The City is hereby empowered to discontinue water and sewer service for non-payment of any utility service charges, connection fees, and the like. Utility billing and deposits for sewer service shall be as provided in rules and regulations for admini- stration of this sewer system. (d) No sewer main, connection, or extension shall be lnade or backfilled until it is inspected and ap- proved by the City. No one is allowed to tie into a sewer main prior to authorization by on-site City personnel. The contractor who shall be a City- approved contractor for a lnain or connection shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. A fee for a sewer permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) No person shall refuse to adlnit, after notice and at reasonable hours, the premises owned or occu- pied by him, or hinder any authorized agent of the City entering such premises for the purpose of in- specting any piping in connection with the sewer collection system. (f) No consumer shall deposit sewer into the City_ .system without receiving permission from the City. (g) The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations required for operation of this system, not in conflict With the provisions of this Code, relative to sewer mains, connections, and extensions which will be served directly or indi- rectly by the [CITY SEWAGE] sewer collection system as are necessary to protect public property or the safety and health of the public, and to estab- lish rates for sewer billing and [COLLECTING] collections for the suppo~t of the system, and no person shall fail to comply with any such rule or regulation. Water and sewer service may be discon- tinued for non-payment of any utility service charges. (h) No one shall place into the City sewer system any foreign object that is not designated by the manufacturer as safe for sewer systems. This in- cludes any plastic or fiberglass objects, bags, strap- ping, clothing, bedding, or other foreign objects (KC 17-63; Ord. 686) !7.15.080 Penalty for late payment; Failure to pay a water and sewer bill for ser- vices in full by the 20th day of the lnonth, following the lnonth for which services are billed, shall res01t in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such pen- alty charge and interest shall be computed as speci- fied in KMC 1.75.010. Chapter 17.[15~20 [PRIVATE SEWER SYSTEMS] CONNECTION TO PUBLIC SEWER SYSTEMS Sections: 17.[ 15]20.010 Mandatory connections and aban- donment of old on-site sewer systems. 17.[15120.020 Connection standards and costs. 17.[15]20.030 Connection payment. 17.[15]20.040 Private self-contained sewage disposal systems. 17.20.050 Persons authorized to accomplish connections 17.20.060 Penalty 17. [ 1512_.~0.010 Mandatory connections and aban- donment of old on-site sewer systems. (a) It shall be mandatory for all structures suscepti- ble to being or currently being a source from which sewage may or is being generated, to be connected to the public sewage system provided that any part of the structure is or is to be within 200 feet of all existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private sewer system to a structure to arrange and to pay for connection of said structure to the available municipal sewer system and the abandonment of the on-site sewer system no longer being utilized. Connections and extensions to the .City sewer system and abandonment of the old on- site sewer system shall be as specified by ordinan- ces and regulations of the City of Kenai, and appli- cable law and regulation of the State of Alaska rela- ting to use of and connection to public sewer sys- tems and abandonment of old on-site sewer sys- terns. (c) If a sewer service customer has the reasonable possibility they will produce grease or oil- laden wastes, the customer's facility shall be provide~ with interceptors as required in the Plumbing Code. This includes any establishment that uses a deep fat fryer or cooking grease or oil. Grease, oil, and sand interceptors shall be provided when, in the opinion of City, they are necessary for the proper handling of wastewater containing grease and oil, or sand All interception units shall be of type and capacity approved by the Building Official and shall be so located to be easily accessible for cleaning and in- spection. Such interceptors shall be inspected~ cleaned, and repaired regularly, as needed, by the user at the custolner's expense. The sewer service customer is required to keep an interceptor inspec- tion, cleaning, and repair, log which contains infor- mation as to the date, time, what is removed, quan- tity removed, who removed the material and how~ when, and where the material from the interceptor is disposed of. (KC 17-64; Ord. 394) 17.[15]20.020 Connection standards and costs. · Private sewer[S] lines tied into the [INTERSECTED BY] municipal sewer lines shall be connected to [SAID PRIVATE] the municipal sewer lines as provided by rules and regulations of the City of Kenai. [THAT IN THE EVENT SUCH CONNECTION REPAIRS COMPLETE REPLACEMENT OF SO-CALLED "PRIVATE SEWER LINE," THEN IN THAT EVENT THE OWNER THEREOF SHALL HAVE THAT POR- TION (NOT INCLUDING THE CONNECTION TO THE CITY WATER MAIN) REPLACED WITH INSTALLATIONS CONFORMING TO THE STANDARD OF CONSTRUCTION PRE- SCRIBED BY THIS CODE WITHIN ONE YEAR FROM THE DATE OF THE INITIAL CONNEC- TION TO THE MAIN SEWER TRUNK.] The private sewer line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private sewer line. All costs will be paid by the users of the pri- vate sewer line. (b) The cost of installing appropriately sized sewer collection mains for subdivisions which will permit future extensions to be adequately serviced by the City sewer system shall be paid for by the property owner asking for connection to the City system and shall be required to install sewer mains for either trunk or lateral line use in the size required by the City at no cost to the City. (KC 17-65) 17.[ 15120.030 Connection payment. Connections of private sewer, lines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and wel- fare to connect a private sewer line before finding and notifying the owner, then the City may do so and lnay charge the cost of such connection to the owner, operator, or user of said private sewer line. (KC 17-66) 17.[15120.040 Private self-contained sewage dis- posal systems. Ally private sewage systems to a structure which are self-contained on the premises [OF ANY ONE OWNER] shall be replaced by the owner, and the structure will be connected IA CONNECTION] to the municipal sewer in not less than twelve (12) months from the date when such service becomes available to the premises ill question. (KC 17-67) 17.20.050 Persons authorized to accomplish con- nections. ,,, All connections accomplished as required herein must be accomplished by the City or a CitY- .approved contractor. Any contractor working in the right-of-way or easement is required to obtain an excavation permit from the City. ! 7.20.060 Penalty. Violations of this title shall, on conviction, sub- ject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is com- menced within the ten-day period. If said violator refuses to comply with the notice specifying re- quirement for compliance with the sections enu- merated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. (Move this Chapter to 17.10) Chapter 17.[20] 1._.~0 CONNECTION TO PUBLIC WATER SYSTEM Sections: 17.[20110.010Mandatory connection and aban- donment of old well. 17.[20110.021 Connection standards and costs. 17.[20110.030 Connection payment. 17.[20110.040 Private self-contained water systems. 17.[20]10.050 Persons authorized to accomplish connections. 17.[20110.060 Penalty. [17.20.060 CHARGES IN LIEU OF ASSESSMENTS.] [17.20.070 CONNECTION CHARGES TO SEWAGE COLLECTION SYSTEM.] 17.20.010 Mandatory connection and abandon- ment of old well. (a) It shall be mandatory for all structures suscep- tible to being or currently being a source from which water is being used, to be connected to the public water system provided that [THE WELL SERVING THIS STRUCTURE] any part of the structure is or is to be within 200 feet of an existing public water [AND SEWER] main [IF THE STRUCTURE IS LOCATED ON A LOT OR A PARCEL OF LAND WHICH ABUTS UPON A STREET OR OTHER PUBLIC WAY CONTAINING A PUBLIC WATER MAIN OR A PUBLIC WATER SYSTEM]. Such distance shall be lneasured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private well supplying water to a struc- ture to arrange and to pay for connection of said structure to the available municipal water system and the abandonment of well(s) no longer being utilized. Connections to the City water distribution system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells. (KC 17-68, Ord. 1 160) [17.20.011 MANDATORY CHARGES.] (Ord. 816, repealed 1160) 17.10.020 Connection standards & costs. (a) Private water lines tied into the municipal wa- ter lines shall be connected to municipal water lines as provided by rules and regulations of the City of Kenai. The private water line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the pri- vate water line. All costs will be paid by the users of the private water line. (b) The cost of installing appropriately sized water distribution mains for subdivisions which will per- mit future extensions to be adequately serviced by the City water system shall be paid for by the prop- ~e~ owner asking for connection to the City sys- tem. The property_ owner shall be required to install water mains for either trunk or lateral line use in the size required by the City at no cost to the City. 17.[20.020110.030 Connection payment. Mandatory connections of private water sys- tems to the City water system shall be paid for by the owner, operator, or :user. In the event it is neces- sary in the interest of public health and welfare to connect a private water line before finding and noti- fying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. (KC 17-69) 17.[20.030 ] 10.040Private self-contained water systems. Any private water systems to a structure which [IS] are self-contained on the premises [OF ANY ONE OWNER WHICH SUPPLIES A FACILITY SERVING THE PUBLIC IN ANY MANNER SHALL BE REPLACED BY A CONNECTION TO THE MUNICIPAL WATER SYSTEM NOT LATER THAN SEPTEMBER 1, 1966] shall be replaced by the owner, and the structure will be connected to the municipal water in not less than twelve (12) months from the date when such service becomes available to the premises in question. (KC 17-70) 17.[20.040110.050 Persons authorized to accomplish connections. All connections accomplished as required herein must be accomplished by IAI the City [FORCE] or a City-approved contractor. Any con- tractor working in the right-of-way or easement is required to obtain an excavation permit from the .City. (KC 17-71) 17.[20.050110.060 Penalty. Violations of this title shall, on conviction, sub- ject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing criminal pen- alty, the City Administrator or his designee is au- thorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or estab- lishment [WILL BE] may be closed unless reason- able remedial action is commenced within the ten- day period. If said violator refuses to comply with the notice specifying requirement for compliance with the sections enumerated herein, then said premises will be posted as being closed as a health menace by the City of Kenai. (KC 17-72; Ord. 688) [17.20.060 CHARGES 1N LIEU OF ASSESSMENTS. (A) PROPERTY SITUATED ADJACENT TO THE WATER DISTRIBUTION SYSTEM OF THE CITY OF KENAI SHALL BE CHARGED A PAYMENT IN LIEU OF COSTS ASSESSED FOR IMPROVEMENTS WHEN IT IS DESIRED TO CONNECT TO THE CITY WATER SYSTEM IN ACCORDANCE WITH WHATEVER RATE SHALL BE THE HIGHEST AS FOLLOWS:] [(1) THE TOTAL COST OF CONNECTION PLUS AN APPROPRIATE CHARGE FOR THE VALUE ATTRIBUTED TO A PRO RATA SHARE OF COSTS OF THE CENTRAL WATER DISTRIBUTION SYSTEM; (2) CHARGE COMPUTED ON THE PER SQUARE FOOT RATE SHALL BE NOT LESS THAN THE COST FOR THE ADJACENT OR CONTIGUOUS IMPROVEMENT DISTRICT COMPUTED ON AN AREA NOT LESS THAN 150 FEET WIDE ALONG THE LONGEST DIMENSION OF THE ADJACENT PROPERTY, PROVIDED SUCH DIMENSIONS DO NOT EXCEED 150 FEET IN LENGTH; AND, (3) THE PER SQUARE FOOT ASSESSMENT FOR THE CENTRAL WATER DISTRIBUTION SYSTEM COST SHALL BE AT THE RATE OF NOT LESS THAN THE PER SQUARE FOOT COST, BASED ON THE NUMBER OF SQUARE FEET COMPUTED IN SUBPARAGRAPH (2) ABOVE. (B) THE RATE OF CHARGE FOR SHORT LATERAL (WHICH ARE DEFINED AS ANYTHING LESS THAN EIGHT (8) INCHES DIAMETER) WATER DISTRIBUTION LINE SHALL BE: (1) THE TOTAL COST OF INSTALLATION OF THE LATERAL WATER MAIN EXTENSION, INSTALLED UNDER THE SUPERVISION AND SPECIFICATIONS OF THE CITY OF KENAI; AND, (2) THE PROPERTY OWNER REQUESTING A SHORT WATER MAIN LATERAL EXTENSION MAY BE PERMITTED TO RECOVER TWO-THIRDS OF THE PROPORTIONATE COST OF SUBSEQUENT CONNECTIONS. PAYMENT TERMS ON SUCH REIMBURSEMENT SHALL BE NOT LESS THAN THE COST OF THE NEAREST PER SQUARE FOOT ASSESSMENT CHARGES OF THE CLOSEST DISTRICT.] (Move the following to 17.10.020 (b)) (c) The cost of installing appropriately sized water distribution mains for subdivisions which will per- mit fi~ture extensions to be adequately serviced by the City water system shall be paid for [AS FOLLOWS:] [(1) The] by the property owner asking for connection to the City system. The property owner shall be required to install water mains for either trunk or lateral line use in the size required by the City at no cost to the City.[; AND,] [(2) WHEN EXTENSIONS ARE MADE BEYOND THE TRUNK OR LATERAL LINES EXTENDED INTO A SUBDIVISION, THE BENEFITTED PROPERTY SHALL BE LEVIED FOR SUCH FURTHER EXTENSION OF THE WATER SYSTEM AND UP TO 80% OF SAID LEVY MAY BE UTILIZED FOR REIMBURSEMENT TO THE PROPERTY OWNER ORIGINALLY ASKING FOR THE WATER MAIN EXTENSION FOR THAT PORTION OF THE ORIGINAL OVER-SIZED WATER MAIN WHICH IS NOT REQUIRED TO SERVE THE PROPERTY IMMEDIATELY BENEFITTED. (D) THAT THE CHARGES FOR SERVICES OF IMPROVEMENTS OUTLINED ABOVE SHALL BE INCORPORATED INTO A CONTRACT FOR THE REQUESTED EXTENSION OF A TRUNK. OR LATERAL WATER MAIN OR CONNECTIONS TO THE CITY WATER SYSTEM. IN THE EVENT ANY OF THE COSTS ARE TO BE PAID FOR ON AN INSTALLMENT OR DEFERRED PAYMENT BASIS, THEN THE SAID PROPERTY SHALL BE SUBJECT TO 'THE SAME LIENS AS ARE PROVIDED FOR SPECIAL ASSESSMENTS AS SET FORTH IN THE CHARTER OF THE CITY OF KENAI, ALASKA, SECTION 7-5.] (Ord. 182) [17.20.070 CONNECTION CHARGES TO SEWAGE COLLECTION SYSTEM. CHARGES FOR COSTS OF CONNECTIONS OR EXTENSIONS OF THE CITY SEWAGE COLLECTION SYSTEM SHALL BE COMPUTED IN ACCORDANCE WITH THE CRITERIA ESTABLISHED FOR COMPUTA- TION OF COSTS OF THE WATER DISTRIBUTION SYSTEM OF THE CITY. IN THE EVENT ANY OF THE COSTS ARE TO BE PAID FOR ON AN INSTALLMENT OR DEFERRED PAYMENT BASIS, THEN SAID PROPERTY SHALL BE SUBJECT TO THE SAME LIENS AS ARE PROVIDED FOR SPECIAL ASSESSMENTS AS SET FORTH IN THE CHARTER OF THE CITY OF KENAI, ALASKA, SECTION 7-5. THE CHARGES AUTHORIZED HEREIN SHALL BE INCORPO- RATED INTO A CONTRACT FOR THE REQUESTED IMPROVEMENT] (Ord. 182) (Move to 17.05.080 and 17.15.080) [CHAPTER 17.25 PENALTY FOR LATE PAYMENT SECTIONS: 17.25.010 PENALTY. 17.25.10 PENALTY.] Failure to pay a water and sewer bill for services in fi~ll by the 20th day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. (Ords. 238, 1267-88) Chapter 17.130125 PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO SANITARY SYSTEM Sections: 17.[30125.010 Definitions. 17.[30125.020 Prohibited [substances] acts. 17.[30125.030 Receiving facility. 17.[30125.040 Permitted discharge of septic cess- pool materials. 17.[30]25.050 Penalty--Fine imposition. 17.[30]25.060 Civil penalty. 17.[30]25.070 Discontinuance of service. 17.[30]25.080Intergovernmental agreements ex- emption. 17.[30125.010 Definitions. (a) Sanitary sewer system means the sewer treat- ment plant facility of the City of Kenai and includes all pipes, manholes, lift stations, holding tanks, and entry ways of any kind through which material may flow into and through the sewer treatment plant fa- ' cility. (b) Discharge means to dump, drop, release, insert, or otherwise allow to enter into the sanitary sewer system any of the prohibited materials set forth be- low. (c) Septic material means the contents of any sep- tic tank seepage disposal system containing the drainage fi'om sinks and toilets and the like. (d) .Cesspool material means the contents of any pit or reCeptacle containing the drainage from sinks and toilets and tl~e like. (e) Septic tank pumping vehicle means any vehicle used to carry septic or cesspool inaterial. (Ord. 517) 17.[30]25.020 Prohibited [SUBSTANCES] ,,,acts. [(a) lT SHALL BE UNLAWFUL FOR ANY PERSON TO: (1)DISCHARGE OR CAUSE TO BE DISCHARGED ANY OF THE FOLLOWING DESCRIBED SUBSTANCES INTO THE SANITARY SEWER SYSTEM: (I) ANY SURFACE WATER RUNOFF; (Il) ANY GASOLINE, BENZENE, NAPHTHA, FUEL OIL, MOTOR OIL, MINERAL SPIRITS, COMMERCIAL SOLVENT, OR ANY FLAMMABLE OR EXPLOSIVE LIQUID; (III) ANY WATERS OR WASTES HAVING A PM LOWER THAN 6.0 OR HIGHER THAN 9.0 AT ANY TIME, OR HAVING ANY OTHER CORROSIVE PROPERTY CAPABLE OF CAUSING DAMAGE OR HAZARD TO STRUCTURES, EQUIPMENT, AND PER- SONNEL OF THE SEWERAGE WORKS; (IV) ANY WATERS OR WASTES CONTAINING TOXIC OR POISONOUS SUBSTANCE IN CONCENTRATIONS SUCH AS TO CONSTITUTE A HAZARD TO HUMANS OR ANIMALS OR TO INTERFERE WITH ANY SEWAGE TREATMENT PROCESS OR CREATE ANY HAZARD IN THE RECEIVING WATERS OF THE SEWAGE TREATMENT PLANT, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING SUBSTANCES: FIXED UPPER LIMITS FOR CONSTITUENTS (PARTS PER MILLION BY WEIGHT) CADMIUM 5.0 CHROMIUM 3.0 COPPER 3.0 CYANIDE 0.0 NICKEL 0.1 SILVER 5.0 TIN $.0 ZINC 3.0 PHENOL 0.5 (V)ANY WATERS CONTAINING QUANTITIES OF RADIOACTIVE SUBSTANCES IN EXCESS OF PRESENTLY EXISTING OR SUBSEQUENTLY ACCEPTED LIMITS FOR DRINKING WATER AS ESTABLISHED BY THE NATIONAL COMMITTEE ON RADIATION PROTECTION AND MEASURING; (VI) ANY WATERS OR WASTES THAT MAY CREATE A PUBLIC NUISANCE, INTERFERENCE WITH THE OPERATION OR MAINTENANCE OF THE SEWERAGE SYSTEM, OR INTERFERENCE WITH NORMAL BIOLOGICAL PROCESSES IN THE RECEIVING WATERS, AS MAY BE DE- TERMINED BY THE PUBLIC WORKS DIRECTOR; (VII) ANY PLASTIC BAGS; (VIII) ANY FISH, ANIMAL, OR CARCASS, OR PART THEREOF GREATER THAN THREE INCHES IN DIAMETER OR FOUR INCHES IN LENGTH; (IX) ANY GLASS, WOOD, METAL, OR STONES; (X)ANY ITEM MADE OF CLOTH OR WOVEN MATERIAL; (XI) ANY MATERIAL INCLUDING SEPTIC AND CESSPOOL WASTES DEPOSITED FROM A SEPTIC TANK PUMPING VEHICLE EXCEPT AS SPECIFICALLY PERMITTED PURSUANT IN KMC 17.30.040 BELOW.] (a) It shall be unlawful for any user to' (1) Introduce or cause to be introduced into the municipal sewerage sys- tem any pollutant or wastewater. This general prohibition and the specific prohibitions below apply to all users whether or not they are subject to categorical pretreatment standards Or any other national, .state, or local pretreatment stan- dards or requirements. (2) Discharge or cause to be dis- charged any of the following de- scribed pollutants, substances, or wastewater into the municipal sewerage system' (i) Any stormwater, surface water, surface runoff, groundwater, (ii) roof runoff, subsurface drain- age, cooling water if it is pol- luted or unpolluted. Any water or wastewater which contains petroleum oil, non_- biodegradable cutting oil, or products of mineral oil origin in amounts which in the opin- ion of the utility are in amounts greater than that which would be normally con- strued as incidental in normal discharges. (iii) Any solid or viscous substance, or lic!uid that can beco~ne vis- cous when cooled, in amounts capable of causing obstruction to the flow in sewers or other interference with the prope_r 9peration of the sewerage sys- tem such as, but not limited to, fat, grease, uncomminuted garbage, animal guts or tis- sues, hair, hide, fleshings or entrails. (iv) Any wastewater which creates a fire or explosive hazard, in- cluding, but not limited to, wastewaters with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21. At no time shall two (2) suc- cessive readings on an explo- sion meter, at the point of dis- charge into the system (or at any point in the system), be more than five (5%) percent not any single reading over ten (10%) percent of the lower explosive limit (LEL) of the meter. (v) Any wastewater having a pH lower than 5.0 or higher than 12.5 at any time, or having any corrosive property capable of causing damage or hazard to structures, equipment and per- sonnel of the sewerage works. (vi) Any wastewater which results in the presence of toxic gases, yapors, or.fumes in a quantity that, in the opinion of the util- ity, may cause acute worker health and safety problems. (vii) Ally wastewater containing ra- dioactive substances except in compliance with applicable state or federal regulations. (viii) .Any noxious or malodorous liq- uids, gases or solids which ei- ther singly or by interaction with other wastes are suffi- cient to create a public nui- sance, or hazard to life or health, or that are sufficient to prevent entry into the munici- pal sewerage system for its maintenance and repair. (ix) Any substance that will cause the utility to violate its NPDES permit. (x) Any substance that may cause the municipal sewerage sys- tem's treatment 'residues, sludges, incinerator ash or scums to be unsuitable for rec- lamation and reuse or to inter- fete with the reclamation process. (xi) Any wastewater that causes the temperature at the treatment works influent to exceed 40 degrees Celsius (104 degrees Fahrenheit). (xii) Any pollutants, including oxygen demanding pollutants, released at a flow rate or concentration that, either singly or by inter- action with other pollutants, will interfere with operation of the municipal sewerage sys- tem. (xiii) ..Any wastewater containing medical wastes from industrial users including but not limited to hospitals, clinics, offices or medical doctors, convalescent homes, medical laboratories or other medical facilities. (xiv) ..Any waters or wastes containing toxic or poisonous substance in concentrations such as to constitute a hazard to humans or animals or to interfere with any sewage treatment process or create any hazard in the re- ceiving waters of the sewage treatment plant, including, but not limited to the following substances: Fixed Upper Limits for Constituents (Parts Per Million By Weight) Cadmium 5.0 Chromium 3.0 Copper 3.0 Cyanide 0.0 Nickel 0.1 Silver 5.0 Tin 5.0 Zinc 3.0 Phenol 0.5 (xv) Any plastic bags; (xvi) Any fish, animal, or carcass, or part thereof greater than three inches in diameter or four inches in length; (xvii) Any glass, wood, metal, or stones; (xviii) Any item made of cloth or woven material; (xix) Any material including septic and cesspool wastes depos- ited from a septic tank pumping vehicle except as specifically permitted pur- suant in KMC 17.30.040 be- Iow. (3) Prohibited connection of sanitary sewer with storm sewer system. Interconnect or cause to be inter- connected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer sys- tem. (4) Prohibited discharge at unap- proved location. Discharge or cause to be discharged into a sani- tary sewer any waters or wastes whatsoever other than through an approved, perlnanent sewer exten- sion, or at a sewage dump station or other location that has been spe- cifically so designated by the util- (b) It shall be unlawful for ally person to: (1) Cause to be admitted into the Kenai Sewer Utility System any waters or wastes having a sus- pended solids content in excess of 2,000 parts per million by weight. (2) Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with ally part of a storm sewer system. (3) Cause to be admitted into a sanitary sewer and waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location which has been specifically so designated by the[ KENAI PUBLIC WORKS DIRECTOR] City. (c) Vandalism. No person or entity shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any struc- ture, appurtenance or equipment, or other part of the municipal sewage system. (Ords. 302, 382, 517) 17.[30]25.030 Receiving facility. The City shall establish a facility to accept sep- tic cesspool materials which is free from debris and other prohibited substances outlined in KMC 17.30.020 above and otherwise meets the biological effluent control standard as determined by the [PUBLIC WORKS DIRECTOR] City and the Fed- eral Department of Environmental Protection. (Orals. 382, 517) 17.[30125.040 Permitted discharge of septic cess- pool materials. (a) Septic/cesspool material meeting the effluent standards as established by the [PUBLIC WORKS DIRECTOR] ..City(which shall not be less stringent than the standards established in the prohibitions set forth in KMC 17.30.020 above) may be discharged into the sanitary sewer system from a septic tank pumping vehicle at a location specified by the [PUBLIC WORKS DIRECTOR] City upon the payment of a gallonage fee. The fee and quality standards are set forth below: (1) The City of Kenai Water and Sewer Utility sl~all establish a holding tank for receiving bulk sep- tic material screened and free of all non-degradable materials. (2) Such holding tank, being limited to a total of 1,400 gallons at any given time, shall accept such septic materials Tuesday through Friday. Materials accepted shall be trickled on a continuous basis into the Plant for treatmeht. (3) Bulk septic materials may be directed to the Sewer Treatment Plant (STP), Tuesdays through Fridays, between the hours of 8:30 a.m. through 11:30 a.m. and 1:00 p.m. through 4:00 p.m. Only the gallon-age shall be received as the holding tank is capable of receiving. (4) The source of the bulk septic materials must be identified by name and parcel number at the time of delivery and payment of the fee. The form must be signed by property owner. [THE FORM IS SET FORTH AS FOLLOWS:] [PROPERTY OWNER'S SEPTIC DUMPING FORM 1. DATE SEPTIC MATERIAL PICKED UP: 2. PUMPING COMPANY: 3. PROPERTY OWNER'S NAME: 4. PROPERTY OWNER'S ADDRESS: MAILING PROPERTY OWNER'S RESIDENCE ADDRESS: 5. SIZEOF SEPTIC TANK (GALLONS): ~ WE HEREBY DECLARE THAT TO THE BEST OF OUR KNOWLEDGE, THE ABOVE SEPTIC MATERIAL CAME FROM WITHIN THE CITY LIMITS OF KENAI ON THE ABOVE- DESCRIBED PROPERTY. PROPERTY PUMPING OWNER COMPANY] (5) The fee per acceptance of bulk septic mate- rial shall be in accordance with rates set in the Pub- lic Utility Regulations and Rates of the City of Ke- nai, plus tax. (6) Each bulk material handler must equip [HIM] his equiplnent with disCharge hose screens or other suitable devices to insure that no material larger than 1/4" can be discharged into the holding tank. (7) It shall be the delivery personnel's respon- sibility to stick the tank and determine the ability to discharge safely without overflowing. (8) The delivery personnel will pay the [DUP- ING] dumping fee and receive the go ahead fi'om the STP operator BEFORE he starts to set up for dumping. After he has completed dumping and put away his hoses, he will check with the STP operator who will sign the permit slip, give the delivery ery personnel a copy, and check to make sure no spillage has occurred. (9) If spillage has occurred, if any non- degradable material has been put into the system, or if the system has been left plugged, the delivery person shall be subject to the penalties as estab- lished by KMC 17.[30]25.060 and/or 17.[30125.070 and the septic material handler may forfeit his right to discharge material in the future. (10) The delivery personnel are to discharge septic material under the direction of the STP operators. All delivery personnel are asked to cooperate completely with the operators and failure to do so can terminate their dumping privileges. (11) If the bulk material handler and/or the property owner forges or in any way falsifies the property owner's septic dumping form [as required by KMC 17.[30125.040(4)], then in that event the bulk material handler and/or property owner will lose his right to utilize the dulnping facilities. (12) The City of Kenai reserves the right to audit records of bulk septic material operators on a periodic basis. (Ords. 302, 382, 517, 760) 17.[30]25.050 Penalty--Fine imposition. Any person, firm, or corporation violating any provision of this chapter shall be subject to a fine in an amount as provided for violations in KMC 13.05.010. Each discharge or dumping shall consti- tute a separate violation. (Ords. 302, 382, 517, 1240) 17.30.060 Civil penalty. (a) In addition to, or as an alternative to the pen- alty aforementioned, any person violating any pro- visions of this chapter shall be subject to a civil penalty as provided in KMC 13.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addi- tion, a civil injunction or temporary restraining or- der may be obtained in order to obtain immediate compliance with the provisions of this chapter. (b) The City shall seek an award of reasonable at- torney's fees and costs from the court in prosecut- ing such an action. (Ords. 517, 1240) 17.[30125.070 Discontinuance of service. In addition to the penalties provided by law, violation of this chapter shall be sufficient cause for the Kenai Sewer Utility to discontinue sewer ser- vice to any property ol~ which such a violation has originated. Criminal conviction or other judicial action is not a prerequisite to discontinuance of ser- vice. (Ords. 302, 382, 517) 17.[30]25.080 Intergovernmental agreements ex- emption. Notwithstanding any provision in this chapter to the contrary, the City may, upon approval of Council, enter into cooperative agreements with other units of governlnent for disposal of waste products through the City of Kenai sanitary sewer system, which agreements ~nay provide for disposal of substances which may otherwise be precluded by this chapter. (Ord. 1216) (THIS CHAPTER ENTIRETY) IS DELETED IN IT"S Chapter 17.35 BEAVER CREEK GROUND WATER SYSTEM Sections' 17.35.010 Notification required. 17.35.020 Form of notification. 17.35.030 Penalty. 17.35.010 Notification required. It shall be unlawful, without Prior notification to the City of Kenai, for any person or other entity, to dig, build, drive, drill or in any other lnanner, construct a water well or otherwise appropriate wa- ter from beneath the surface in the territory de- scribed and illustrated in Schedule A attached hereto and incorporated by reference. 17.35.020 Form of notification. Prior notice shall be given by filing a certified true copy of the application for water rights in the form and manner prescribed by the State of Alaska, department of Natural Resources, Division of Lands, Water Resources Section, with the City Clerk, City of Kenai within seventy-two (72)hours of application to the State of Alaska for water rights. 17.35.030 Penalty. Any person or entity violating the provisions of this Article shall be subject to a civil penalty of $250 for each offense. Each and every day such offense continues shall be deemed a separate viola- tion. (Ords. 289, 301,330, 376) SCHEDULE "A" (AMENDED) The boundary line encompasses fifty-two square miles (52 mi2) of Beaver Creek Ground Water Sys- tem and is totally within the Kenai National Moose Range. The boundary line begins on the Moose Range boundary between Section 31, T6N, R 1 OW, Section 6, T5N, R1 OW, where the Moose Range boundary west forms a corner with the Moose Range bound- ary north; thence, north, following the Moose Range westerly most boundary to a point on the north most border of Section 5, T7N, R 1 OW, where it intersects the Moose Range boundary; thence, east along the northern border of Section 5 and 4, T7N, R10W, approximately two miles (2 miles); thence, southeast approximately two and one-half miles (2 1/2 miles) to a point of intersection at Sec- tions 10, 11, 14, 15, T7N, R1 OW; thence, south- southwest approximately 1.4 miles to a point on the south most border of Section 15, T7N, R10W, 1,200 feet west of the intersection of Sections 15, 14, 23, 22, T7N, R10W; thence, 300 feet south where the boundary turns southwest and passes through the east most border of Section 22, T7N, RI OW, approximately 1,500 feet south of the inter- section of Sections 15, 14, 23, 22, T7N, R10W; tllence, southwest through the northeast quarter into the southwest quarter of Section 23, T7N, R1 OW, to a point on the sOuth most border of Section 23, T7N, RI OW, 1,500 feet from the comer intersection of SectionS 23, 24, 25, 26, T7N, R10W; thence, northeast passing through the most easterly border of Section 23, approximately 900 feet north of the intersecting corner of Sections 23, 24, 25, 26, T7N, R10W; thence, bisecting the most southerly border of Section 24, T7N, R I0W; passing through the northeast quadrant of Section 25, T7N, RI OW, to intersect the most westerly border of Section 30, T7N, R9W, approximately 300 feet south of the comer intersection of Sections 24 and 25, T7N, R10W, Sections 19 and 30, T7N, R9W; thence, ap- proximately 4,500 feet due east into Section 30, T7N, R9W; thence, due south bisecting the south most border of Section 30, T7N, R9W and passing into Section 31, T7N, R9W for approximately 900 feet due south; thence, southeast, intersecting the most westerly border of Section 32, T7N, R9W and proceeding east approximately 900 feet where it turns south-southwest and intersects the most southerly border of Section 32, T7N, R9W, ap- proximately 300 feet east of the corner intersection of Sections 31, 32, T7N, R9W, and Sections 5 and 6, T6N, R9W; thence, due south through the north- west quarter of Section 5, T6N, R9W approxi- mately 1,500 feet; thence, turning southwest, inter- secting the most easterly border of Section 6, T6N, R9W, at a point approximately 2,000 feet south fi'om the corner intersection of Sections 5 and 6, T6N, R9W and Sections 31 and 32, T7N, R9W; thence, through the southeast quadrant of Section 6, T6N, R9W, due southwest 2,100 feet; then, due south 900 feet; thence, southwest to intersect the most northerly border of Section 7, T6N, R9W, ap- proximately 500 feet west of the corner intersection of Sections 5, 6, 7 and 8, T6N, R9W; thence, due south to the first major basin boundary approxi- mately 500 feet west of the most westerly border of Section 8, T6N, R9W; thence, northwest to intersect the most westerly border of Section 7, T6N, R9W; passing straight northwest to intersect the most northerly border of Section 1, T6N, R10W, ap- proximately 900 feet from the corner intersection of Sections 6 and 7, T6N, R9W, and Sections 1 and 12, T6N, R1 OW; thence, northwest intersecting the most easterly border of Section 1, T6N, R IOW, ap- proximately 2,100 feet north of corner intersection of Sections 1, 2, 11 and 12, T6N, R10W; thence, west-southwest, intersecting the corner intersection of Sections 2, 3, 10, 9, T6N, R IOW; the~lce, ap- proximately 3,900 feet following the south most border of Section 3, T6N, R IOW; thence, due south-southwest intersecting the most easterly bor- der of Section 10, T6N, RIOW, approximately 1,200 feet north of corner intersection of Sections 9, 10, 15 and 16, T6N, R IOW; thence, south- southwest intersecting the most southerly border of Section 21, T6N, R IOW, approximately 1,800 feet west of the most easterly border of Section 21, T6N, R9W' passing through the northwest quadrant of Section 28, T6N, RIOW, intersecting the most westerly border of Section 28, T6N, R1 OW, ap- proximately 1,500 feet south of intersecting corner, Sections 20, 21, 28 and 29, T6N, R10W; thence, 1.14 miles due west intersecting the most easterly border of Section 30, T6N, RI OW, approximately 2,000 feet south of intersecting corner of Sections 19, 20, 29 and 30, T6N, R10W; thence, due south, intersecting the Moose Range boundary approxi- mately one and one-half miles (1 ½ miles) east from intersecting corner of Sections 28, 29, 32 and 33, T6N, R 1 OW; thence, west to the point of beginning. REVISIONS 2/1/05 PUBLIC UTILITY REGULATIONS AND RATES TABLE O.F CONTENTS PAGE A. REGULATIONS .............................................................................................................................. APX- 1. Application for or Change in Service ......................................................................................... APX- 2. Water and Sewer Connections and Extensions. ~ APX- 3. Deposits for Service .................................................................................................................... APX- 4. Charge for Service and Suspended Service ................................................................................ A?X- 5. Hydrants ...................................................................................................................................... APX- 6. Core,non Connections ................................................................................................................. APX- 7. Location of Water Key Box ........................................................................................................ APX- 8. Sewer Service Clean-Out ............................................................................................................ APX- 9. Rental Properties ......................................................................................................................... APX- B. RATES .............................................................................................................................................. APX- SCHEDULE A--General Domestic Service Rates (Non-metered) .................................................. APX- SCHEDULE B--Commercial Service (Non-~netered) ..................................................................... Apx_ SCHEDULE C--Industrial Service (Non-metered) ......................................................................... APX- SCHEDULE D--Fire Protection Service ......................................................................................... APX- SCHEDULE E--Metered Service .................................................................................................... APX- [SCHEDULE F--TEMPORARY MISCELLANEOUS WATER SERVICE APX-] SCHEDULE [G] [--Water and Sewer Service for Building Construction ..................................... APX- SCHEDULE [H] G--Permit Fees ..................................................................................................... APX- CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RATES A. Regulations The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: 1. Application for or Change in Service: a. It Shall be the responsibility of the property owner to apply for utility service, a change in service, or discontinuance of service by signing a service order at the City Adlninistration Building, Kenai, Alaska. b. Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 2. Water and Sewer Connections and Extensions' a. The property owner or his contractor may apply for a'water and sewer permit for a connection and/or extension of service lines. The water and sewer permit is valid for only six (6)months from the date of issue. If the water and/or sewer line is not installed within six (6)months, a new permit, at no additional cost will be required. The entire cost of water or sewer service connection and extension will be borne by the property owner. b. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconl~ected from the City system and their use discontinued. All on-site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. c. All water turn-OhS and turn-offs and the operations of the key box at the property line shall be made by City personnel only. A fee of [ten] fifty dollars [($10.00)] ($50) will be levied on requests ~br turn-on and turn-off (after initial turn-on) during normal duty hours and whenever such action is required due to delinquent account. A fee of [twenty] one hundred dollars [($20.00)] ~ will be levied on requests for turn-on or turn-off during periods other than normal duty hours.[, AND WHENEVER SUCH ACTION IS REQUIRED DUE TO DELINQUENT ACCOUNT.] Turn-on and turn-off during normal working hours for line testing purposes will not be a cost to the property owner. There will be no charge for the initial turn- on during normal working hours for a first or new property owner. d. All customers shall be required to provide a separate valve, if it does not exist, inside a building being served. The valve shall be located on the service entering the building ahead of any branch lines where it is readily accessible in event of emergency. e. Each and every building served by the water utility shall have a separate outside shut-off valve located, in a valve box. The property owner is required to know the location of this valve. In the event it is impossible to get a separate outside shut- off within the public right-of-way, the Property owner shall provide the shut-off within private property and execute, in favor of the City, an easement providing access fOr the City personnel to the key box. In the event that a functional shut-off valve cannot be located by City personnel, the City ~nay install a shut-off valve and charge the property owner for related labor, equipment, and material costs. f. Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 3. Deposits for Service: For domestic and commercial customers, a deposit is required of fifty dollars ($50) for water service and fifty dollars ($50) for sewer service. These deposits may be refi~nded upon request after two years of timely payment history. (Res. 2004-18) 4. Charge for Service and Suspended Service: a. Other than for a short period for waterline ..test purposes, the property owner will be charged the appropriate water and sewer rate whenever the APX - (s84~7/26/04) curb stop or valve in the valve box is turned on and available to deliver water. (For exception, see B. RATES, SCHEDULE F, WATER AND SEWER SERVICE FOR BUILDING CONSTRUCTION.) b. Property. owners will be allowed to suspend water and sewer services by contacting the City in writing 30 days prior to the requested water turn-off date. The property owner will be required to follow Section 2c. including the payments for water turn- offs and turn-ohs. Any water used during a month will be charged as a fi~li month's use of water and sewer. (No pro-rated costs for part of a month. c. Property owners who's water is turned off by the City for non-payment of services will be reC!uired to follow Section 2c. including the paylnents for water turn-offs and turn-ohs. The property owners are responsible to pay for their existing bill plus water and sewer costs as if available during the period the water is turned off for non-payment. 5. Hydrants: a. The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit of [ONE] Two Hundred [FIFTY] Dollars [($150.00)] $200 is required to assure careful use of the hydrant and will be refunded if no Inaintenance is required when hydrant use is completed. The use charge, which is non- refundable, is [$30] fol~y dollars ($40) per day. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the rate schedules. (The following was moved above.) [FAILURE TO OBTAIN WRITTEN AUTHORIZATION FROM THE CITY, FAILURE TO FOLLOW WRITTEN INSTRUCTIONS OF THE CITY, OR ANY IMPROPER USE OF A FIRE HYDRANT IS SUBJECT TO PENALTY PROVISIONS OF KMC 13.05 AND KMC 17.20.050.] (Res. 92-13, 5/19/92) c. The permit holder is required to use _a l_~ydrant wrench to slowly open and close the hydrant. During use, the hydrant must be fully 9pened. If using a hydrant to fill a tank, users must comply with State of AK DEC requirements for _a minimum 8-inch air gap on 'the fill line. Tanks are required to be inspected by the City before hydrants are used. d. The fire hydrant permit may be suspended by the City of Kenai at any time (normally during Ci_ty water shortages). The fire hydrant permit holder is required to maintain current up-to-date contact numbers with the City. 6. Common Connections' There shall be no water and sewer common c°nnections for use by several properties or families. No connection or extension will be permitted across property lines unless [ASSESSMENTS OR LUMP SUM PAYMENT HAS BEEN PAID] they are located in a water public utility easement. Every lot or individual parcel will have its own water line, valve, and meter (if not paying a fiat rate). Every lot or individual parcel will have its own sewer line. 7. Location of .Water Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire on the water service connection. The standard key box marker shall be a 4" x 4" wood post, four feet in height, painted white with black top and the word "water" stenciled in black letters no smaller than two inches high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessity. 8. Sewer Service Clean-Out: No person shall install a sewer extension to a building without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean-out of four-inch minimum diameter. [THE PROPERTY OWNER SHALL MARK OR BE FAMILIAR WITH THE LOCATION OF SUCH CLEAN-OUTS.] It shall be the property owner's responsibility to know the location of and have marked the sewer service clean out. APX - (s84--7/26/04) 9. Rental Properties: All bills are in the nalne of the property owner. Bills ~nay be mailed to the renter, but the owner is responsible for all payments. B. RATES The charges to users of water and sewer systems within the City of Kenai are as follows: SCHEDULE A~GENERAL DOMESTIC SERVICE RATES (NON-METERED) Per Month Water Sewer One or two-family residence, per family unit $12.54 $36.O3 Single or double unit apartment, per family unit 12.54 36.03 Apartment, three or more units under one roof, per family unit--single bill assumed by owner. Separate billing 9.44 27.09 12.54 36.O3 Trailers, one or two on single lot or court (each). Per Month Water Sewer 12.54 36.03 Trailers, three or more on lot or court, per trailer unit: Single billing Separate billing 9.44 27.09 12.54 36.03 Boarding houses, per available room 3.33 9.72 Minimum Charge: Each month's minimum charge is one full month's service, without proration. [THE MINIMUM MONTHLY CHARGE IS APPLICABLE TO EACH SERVICE LOCATION, WHETHER OR NOT THE LOCATION IS OCCUPIED.] Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Service and Suspended Service. Special Conditions: The above schedule is restricted to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. APX - (S84--7/26/04) 2. SCHEDULE B--COMMERCIAL SERVICE (NON-METERED) Per Month Water Sewer Demand Charge: (Applicable to individual customers where water connection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service 1.25 inch service 1.50 inch service 2.00 inch service 3.00 inch service Larger than 3.00 inch service $12.71 $36.38 19.36 53.94 32.07 91.57 48.40 136.73 72.60 206.98 108.90 311.10 Use Charge: Bakery 36.91 105.37 Bath House, tub or shower, each Bottling Works, per bottling machine Bowling Alleys, Amusement Parks 8.47 23.83 291.61 835.43 35.09 100.98 Car Lot, with car wash facilities Car wash, automatic, per facility 17.55 50.18 157.30 499.08 Car wash, self-service, per stall Churches, lodges, clubs, banquet rooms (no bar or restaurant facilities), per seat 23.60 67.11 .13 .38 Cleaners and commercial laundries, per facility. Dairies--Instal lation meter required. of water Day Care Center or Preschool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity Doctors' and dentists' offices, per room or chair (Psychiatrists and Optometrists, apply office rate). Per Month Water Sewer 101.04 288.51 .51 1.44 7.57 21.64 Garage, service stations 15.13 43.90 Additional charge for recreational vehicle dump stations (May through September only) 17.55 50.18 Hangar, airplane repair: with washing facilities 15.13 43.59 17.53 50.18 Hospitals, per bed 9.99 28.85 Hotels, motels, resorts, per room 7.87 22.27 Laundry, self-service, per machine 14.22 40.45 Markets, meat 19.36 55.19 Office buildings where single bill is assumed by owner, per business 16.94 47.67 APX - 9 (s84--7/26/04) Office, in multiple office building where individual tenants are billed, per business Restaurants, cafes, lunch counters, fountains, taverns and bars (with kitchens) for each seat (Note 2) Public office building, per restroom Recreation facility, per restroom, sauna or shower, etc. Recreational vehicle/camper park, per parking space (demand charge only fi'o~n October through April) Schools, per seating capacity Shoppin'g centers (depends on stores included in shopping center, Note 1) Shops, beauty, per station or chair ShOps, miscellaneous (including barber shops), per shop Sleeping room, per (without facilities houSekeeping) Studios, photo oi photo lab room for Supermarkets (grocery stores) Theaters: Indoor, per seat Outdoor, per stall Taverns, lounges, bars (without kitchens), per seat X-ray or laboratory office 19.36 1.09 4.36 8.47 8.47 .51 8.78 8.78 8.78 3.33 41.45 99.53 .07 1.03 24.81 55.19 3.20 12.54 24.15 24.15 1.44 25.09 25.09 25.09 Note 1: Additional for other facilities such as restaurant, beverage dispensary, etc., are at the applicable use charge for each facility. Note 2: When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. Minimum Charge: Each month's minimum charge is one full month's service, without proration. [THE MINIMUM MONTHLY CHARGE IS APPLICABLE TO EACH SERVICE LOCATION, WHETHER OR NOT THE LOCATION IS OCCUPIED.] Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Service and Suspended Service. Special Condition: Where more than one customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive right to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. Cesspool Pumper Charge: The fee charged for acceptance at the sewer treatlnent plant of septic material collected within the City of Kenai shall be [ten dollars ($10.00)] thirty dollars ($30).per one hundred gallons. The gallons delivered shall be as estimated by the sewer treatlnent plant operator. 9.72 119.17 284.75 .09 .17 3.01 70.87 APX -10 (S84--7/26/04) 3. SCHEDULE C--INDUSTRIAL SERVICE (NON-METERED) Per Month Water Sewer Concrete mixing plant 159.72 457.86 Concrete products 79.86 228.30 Confectioner 53.24 151.78 Greenhouse, commercial 53.24 151.78 Ice cream plant 79.86 228.30 Cold storage plant or lockers 37.51 106.62 Demand Charge: Note: Schedule B Demand Charge also applies to Schedule C Services. Minimum Charge: Each month's minimum charge is one full month's service, without proration. [THE MINIMUM MONTHLY CHARGE IS APPLICABLE TO EACH SERVICE LOCATION, WHETHER OR NOT THE LOCATION IS OCCUPIED.] .Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Service and Suspension Service. 4. SCHEDULE D--FIRE PROTECTION SERVICE For automatic sprinkler system' NO CHARGE Special Conditions: (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. (c) Ali connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (f) In times of emergency, the right is reserved by the City to turn off any fire hydrant and/or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross-connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E--METERED SERVICE Per Month Water Sewer General usage, Per thousand gallons of water $1.21 $3.57 Hydrant use and other use, per 1000 gallons of water (Res. 92-13, 5 / 19/92) 1.82 Minimum Charge Per Month' All usage, 15,000 gallons of water. General Usage 18.15 Hydrant Usage 27.30 53.55 The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. Meter repair as necessary, shall be ^px--10.1 (s84~7/26/04) made by the owner within 30 days.or by the City with costs billed to the owner. The City may ailoTM the amount of water to be used from a hydrant to be determined by tank volume and paid by metered service rate. [6. SCHEDULE F--TEMPORARY MISCELLANEOUS WATER SERVICE (Repealed)] I7.1 6_ SCHEDULE [Gl F--WATER ,,AND SEWER SERVICE FOR BUILDING .... CONSTRUCTION [ONE TIME SERVICE CHARGE' FOR GROUND FLOOR AREA OF 2,000 SQ. FT. OR LESS $12.00 FOR EACH ADDITIONAL 1,000 SQ. FT (OR PORTION THEREOF) $ 6.00] Upon payment for water and/or sewer permit fee (SCHEDULE G~PERMIT FEES), there will be no charge for water or sewer for six (6) lnonths. After six (6) months, the appropriate monthly charge will begin for water and sewer if the building is not completed. If there is a final inspection or if the building is occupied prior to the six (6)lnonths, the appropriate monthly charge will begin for water and sewer. 18.1 _7 SCHEDULE [HI Q--PERMIT FEES Inspection fees for new water and sewer service lines (one-time charge)' a. Water [$100.00] $200 b. Sewer [$100.00] $200 [C. THE PERMIT FEES SET HEREIN ARE TO REIMBURSE THE CITY FOR THE COST OF INSPECTING CONNECTIONS.] Adopted by City Manager on May 5, 2004 (via Resolution No. 2004-18) to become effective on June 15, 2004. Approved by City Council on May 5, 2004. APX--10.1 (S84m7/26/04) (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (f) In times of emergency, the right is reserved by the City to turn off any fire hydrant and/or sprinkler system at the discretion of the City. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross-connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E--METERED SERVICE a hydrant to be determined by tank volume and paid by the metered service rate. 6. SCHEDULE F--WATER AND SEWER SERVICE FOR BUILDING CONSTRUCTION Upon payment for water and/or sewer permit fee (7. SCHEDULE G - PERMIT FEES), there will be no charge for water or sewer for six (6) months. After six (6) months, the appropriate monthly charge will begin for water and sewer if the building is not completed. If there is a final inspection or if the building is occupied prior to the six (6)months, the appropriate monthly charge will begin for water and sewer. 7. SCHEDULE G--PERMIT FEES Inspection fees for new water and sewer service lines (one-time charge): Per Month Water Sewer a. Water $200.00 b. Sewer $200.00 General usage, per tP~susand gallons of water $1.21 $3.57 Hydrant use and other use, per 1000 gallons of water 1.82 Minimum Charge Per Month: All usage, 15,000 gallons of water. General Usage 18.15 Hydrant Use 27.30 53.55 The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. Meter repair as necessary, shall be made by the owner within 30 days or by the City with costs billed to the owner. The City may allow the amount of water to be used fi'om APX- PROPOSED 2/1/05 Attachment A Ordinance Title 17 PUBLIC WATER AND SEWER UTILITIES Chapters- 17.05 17.10 17.15 17.20 17.25 Water System Connection to Public Water System Sewer System Connection to Public Sexver System Prohibited Discharge of Certain Substances into Sanitary System 315 Chapter 17.05 WATER SYSTEM Sections' 17.05.010 17.05.020 17.05.030 17.05.040 17.05.050 17.05.060 17.05.070 17.05.080 Definitions. Connection/Extensions. Private systelns. Service outside city. Plugged or frozen connections and extensions. Discontinuance of service. Rules, regulations, and rates. Penalty for late payment. 17.05.010 Definitions. (a) "\Vater main" shall mean that part of the ~vater distribution system intended to serve more thall one water connection. (b) The term "water connection" shall mean that part of the water distribution system connecting the water main with the lot line of abutting property. (c) The term "water extension" shall mean that part of the water distribution system extending from the water connection into the premises served including the valve and valve box. 17.05.020 Connections/Extensions. (a) Water connections to City water main shall be installed only by the City or by City-approved contractors and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the ,'ules and rates schedules adopted pursuant to this Code. (b) No person shall install a new or make a change in an existing water extension or water conuection without first obtaining and paying for a written permit from the City. The water (and sewer) permit is valid for only six (6) months from the date of issue. If the water and/or sewer line is not installed within this six (6) months, a new permit, at no additional cost. will be required. (c) No water service line shall be installed without a valve and valve box between the water connection and extension. (d) No water connection or extension shall be made or backfilled until it is inspected and approved by the City. The Contractor, who shall be a City- approved contractor, shall noti~' the City at least twenty-four (24) hours in advance of the time requested for inspection. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property oxvners are responsible to contact the City billing department when alterations to a building would change their billing account. (0 Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the Cit),. 17.05.030 Private systems (a) No person shall construct or change any private water main, connection, or extension which will be served directly or indirectly by the City water distribution system without first obtaining and paying for a written permit from the City and following any outlining conditions prescribed by the City. 17.05.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City water system unless such main connection or extension has been authorized by Council either in the individual case or as part of a water addition sPecifically authorized by Council. (b) Each water service, which is outside the City and connected to the City water system shall be charged as set forth by 316 the regulations. The charge shall be the obligation of the owner of the premises served by the City water. 17.05.050 Plugged or frozen connections and extensions. (.a) The City will in no way be responsible lbr water extensions or ~br xx'ater connections that were installed by the property owner. (b) The property owner will be responsible lbr ali frozen water connections and extensions, and the City will not be responsible therefore. (c) The City'will maintain and repair City- installed water connections that are damaged by a structural, mechanical failure or broken pipe. If a contractor or utility company caused the problem, the City will ask them to make the repairs or pay ibr the repairs. 17.05.060 Discontinuance of service. (a) Water may at any time be shut off without notice for repairs, extensions, or other necessary purposes. The City will not be liable to the consumer tbr any loss or damage which may be caused by the failure of the City to deliver water. Whenever feasible, the City' shall give public notice of shutoffs, but shall not be bound to do so. (b) Failure to pay the water charge when due gives the City the right to discontinue water and sewer service to any residence within 21 days of notice of an unpaid bill. The cost to turn the water off and to turn the water back on will be paid for by the owner as per the Regulations and Rates. Discontinuance of service in no way affects the City's right to enforce collection of past due water charges. 17.05.070 Rules, regulations, and rates. (a) See Appendices on Public Utility Regulations and Rates lbr additional details. (b) No property shall be served directly or indirectly by the City water distribution system unless the person so served or his authorized representative has first entered into a contract with the City for such service. No water shall be sold outside the City unless the premises served comply x~,'ith the rules, regulations, and standards specified the Citv. (c) The City is hereby empowered to discontinue water and sewer service for non-payment of any utility service charges, connection tees, and the like. Utility billing and deposits for water service shall be as provided in rules and regulations for administration of this water system. (d) No person, other than an authorized employee or designated contractor of the City, shall turn on or off any water service at the key box. The water key box belongs to the property owner, and it is the owner's responsibility to know xvhere it is located. (e) No water main, connection, or extension shall be made or backfilled until it is inspected and approved by the City. No one is allowed to tie into a water main prior to authorization by on-site City personnel. The contractor, who shall be a CitY-approved contractor for a main or connection, shall noti~, the City at least twenty-four (24) hours in advance of the time requested tbr inspection. A lee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover tlae costs incurred by the City in such inspection. (f) No person shall refuse to admit, after notice and at reasonable hours, the premises owned or occupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspecting anv pipino in connection with the water distribution system. (g) No consumer shall resell water. (h) The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to water mains, connections, and extensions 317 which will be served directly or indirectly bF' the water distribution system, as are necessary to protect public property or the safety and health of the public, and to establish rates for ~:ater billino and collections for the support of the system, and no person shall fail to comply with any such rule or regulation. Water and sewer service may be discontinued for non-payment of any utility service charges. 17.05.080 Penalty for late payment. Failure to pay a xvater and server bill for services in full by the 20t" day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. Chapter 17.10 CONNECTION TO PUBLIC WATER SYSTEM Sections: 1~.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 Mandatory connection and abandonment of old well. Connection standards & costs. Connection payment. Private self-contained water systems. Persons authorized to accomplish connections. Penalty 17.10.010 Mandatory connection and abandonment of old well. (a) It shall be mandatory for all structures susceptible to being or currently being a source from which water is being used, to be connected to the public water system provided that any part of the structure is or is to be xvithin 200 feet of an existing public water main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line beino required. (b) It shall be mandatory for the owner, operator, or users of a private well supplying water to a structure to arrange and to pay for connection of said structure to the available mt, nicipal water system and the abandonment of · x~'eil(s) no longer being utilized. Connections to the City water distribution system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai. and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells 17.10.020 Connection standards & costs. (a) Private water lines tied into the municipal wate,' lines shall be connected to municipal water lines as provided by rules and regulations of the Cit3, of Kenai. The private xvater line x~ ill be reqt, ired to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private water line. Ail costs will be paid by the users of the private water line. (b) The cost of installing appropriately sized water distribution mains Ibr subdivisions which will permit future extensions to be adequately serviced by the City water system shall be paid for' by the property owner asking for connection to the City system. The property owner shall be required to install water mains for either trunk or lateral line use in the size required by the City at no cost to the City'. 17.10.030 Connection payment. Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private water line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. 17.10.040 Private self-contained water systems. Any private water systems to a structure which are self-contained on the premises shall be replaced by the owner, and the structure will be connected to the municipal water in not less than twelve (12) months fi'om the date when st, ch service becomes available to the premises in question. 17.10.050 Persons authorized to accomplish connections. All connections accomplished as required herein must be accomplished by the City or a City-approved contractor. contractor working in the right-of-xvav or easement is required to obtain an excavation permit from the City. 319 17.10.060 Penalty. Violations of this title shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the tbreeoino penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enulnerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a xvritten notice xvarning the violators that within ten (10) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is commenced within the ten-day period. If said violator refuses to comply with the notice specif~ving requirement for compliance with the sections enumerated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. 320 Chapter 17.15 SEWER SYSTEM Sections: 17.15.010 17.15.020 17.15.030 17.15.040 17.15.050 17.15.060 17.15.070 17.15.080 Definitions. Connections/Extensions. Private systems. Service outside city. Plugged or frozen connections and extensions. Discontinuance of service. Rules, regulations, and rates. Penalty tbr late payment. 17.15.010 Definitions. (a) The term "sewer main" shall mean that part of the sewerage system intended to serve more thall olle sewer COllllectioll. (b) The term "sewer connection" shall mean that part of the sexverage system connecting the sewer main and the lot line of abutting property. (c) The term "sewer extension" shall mean that part of the sexverage system extending from the sewer connection into the premises served including the connecting device at the property line. 17.15.020 Connections/Extensions. (a) Sewer connections to City sewer mains shall be installed only by the City or by a City-approved contractor and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the rules and rates schedules adopted pursuant to this Code. (b) No person shall install a new or make a change in an existing sewer extension or sewer connection without first obtaining and paying for a written permit from the City. The sewer (and water) permit is valid for only six (6) months from the date of issue. If the water and/or sewer line is not installed within this six (6)months, a new permit, at no additional cost, will be required. (c) No person shall install a sewer connection without a check valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such service connection. (d) No sewer main connection or extension shall be made or backfiiled until it is inspected and approved by the City. The Contractor, who shall be a City- approved contractor, shall notify the City at least twenty-four (24) hours in advance of the time requested Ibr inspection. A fee for a sewer permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the Cit3' in such inspection. (e) Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 17.15.030 Private systems. No person shall construct or change any private sewer main, connection, or extension which will be served directly or indirectly by the City sexverage system without first obtainino, and paving, for a xvritten permit from the City and following any outlining conditions prescribed by the City. 17.15.040 Sen'ice outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City sexverage system unless such main, connection, or extension has been authorized by Council either in the individual case or as part of a sewer addition specifically authorized by Council. (b) Each sewer service which is outside the City and connected to the City sewer system shall be charged as set forth by the regulations. The charge shall be the obligation of the owner of the premises served by the City sewer. 321 17.15.050 Plugged or frozen connections and extensions. (a) The City will in no way, be responsible lb,' sewer extensions or tbr sewer connections that were installed by the property owner. (b) The property owner will be responsible for all fi'ozen sewer connections and extensions, and the City will not be responsible therefore. (c) The City will maintain and repair City- installed sewer connections that are from a structural, mechanical failure or broken pipe. Ifa contractor or utility, company caused the problem, the City will ask them to make the repairs or pay for the repairs. (d) Consumers will be responsible to clean and repair all sewer connections and extensions that are plugged from items placed in the lines by the consumer. If the main sewer line is clear and has not been plugged within one week of the connection or extension plug, then it is the Consumer's responsibility to clean and repair the sewer connection and extension. 17.15.060 Discontinuance of sero'ice. (a) The City may at any time without notice discontinue sewer service for repairs and the like without liability for resulting loss or damage. Public notice of service interruptions will be given xvhenever possible but the City shall not be bound to do so. (b) Failure to pay the sewer charge when due gives the City the right to discontinue water and sexver service to any residence within 21 days of notice of an unpaid bill. Discontinuance of service in no way affects the City's right to enforce collection of past due sewer charges. 17.15.070 Rules, regulations and rates. (a) See Appendices on Public Utility Regulations and Rates for additional details. (b) No property shall be served directly or indirectly by the City' sewer collection system unless the person so served or his authorized representative has first entered into a contract with the City for such service. No sewer shall be deposited fi'om outside the City unless the premises_served comply with the rules, regt, lations, and standards specified for the City. (c) The City is hereby empo~vered to discontinue water and sewer service non-payme,~t of any utility service charges, connection fees, and the like. Utility billing and deposits for sewer service shall be as provided in rules and regulations for administration of this sewer system. (d) No sewer ,hain. connection, or extension shall be made or backfilled until it is inspected and approved by the City. No one is allowed to tie into a sewer main prior to authorization by on-site City personnel, The contractor who shall be a City-approved contractor for a main or connection shall notif)' the City at least twenty-four (24) hours in advance of the time requested for inspection. A fee for a sewer permit, established under Public Utility Regulations and Rates. shall be charged to cover the costs incurred by the City in such inspection. (e) No person shall refuse to admit, after notice and at reasonable hours, the premises owned or occupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspectiug any piping in connection with the sewer collection system. (f) No consu,ner shall deposit sewer into the City system without receiving permission from the City. (g) The City Administrator is hereby empowered, subject to approval by the Council. to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to sewer mains, connections, and extensions which will be served directly or indirectly by the sexver collection o22 s,x'stem, as are necessary to protect public property or the safety and health of the public, and to establish rates for sewer billing and collections tbr the support of the system, and no person shall fail to comply with any such rule or regulation. \Vater and sewer service may be discontinued tbr non-payment of any utility service charges. (h) No one shall place into the City sewer system any foreign object that is not designated by the manufacturer as safe tbr sewer systems. This includes any plastic or tiberglass objects, bags, strapping, clothing, bedding, or other foreign objects. 17.15.080 Penal~' for late payment. Failure to pay a water and sewer bill tbr services in full by the 20th da3,' of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. "23 Chapter 17.20 CONNECTION TO PUBLIC SEWER SYSTEM Sections' 17.20.010 17.20.020 17.20.030 17."0.040,~ 17.20.050 17.20.060 Mandatory connections and abandonment of old on-site sewer systems. Connection standards 8,: costs. Connection payment. Private self-contained sewage disposal systems. Persons authorized to accomplish connections. Penalty 17.20.010 Mandatory connections and abandonment of old on-site sewer systems. (a) It shall be mandatory for all structures susceptible to being or currently being a source from which sewage may or is being generated, to be connected to the public sewage system provided that any part of the structure is or is to be within 200 feet of an existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private sewer system to a structure to arrange and to pay for connection of said structure to the available municipal sewer system and the abandonment of the on-site sewer system no longer being utilized. Connections and extensions to the City sewer system and abandonment of the old on-site sewer system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public sewer systems and abandonment of old on-site sewer systems. (c) If a sewer service customer has the reasonable possibility they will produce grease or oil- laden wastes, the customer's facility shall be provided with interceptors as required in the Plumbing Code. This includes any establishment that uses a deep tat fryer or cooking grease or oil. Grease. oil, and sand interceptors shall be provided when, in the opinion of City, they are necessary for the proper handling of wastewater containing grease and oil. or sand. All interception units shall be of type and capacity approved by the Building Official and shall be so located to be easily accessible for cleaning and inspection. Sucl~ interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the customer's expense. The sexver service customer is required to keep an interceptor inspection, cleaning, and repair log which contains information as to the date, time, what is removed. quantity removed, who removed the material and how, when, and where the material from the interceptor is disposed of. 17.20.020 Connection standards & costs. (a) Private sewer lines tied into the municipal sewer lines shall be connected to the municipal sewer lines as provided by rules and regulations of the City of Kenai. The private sewer line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private sewer line. All costs will be paid by the users of the private sewer line. (b) The cost of installing appropriately sized sewer collection mains for subdivisions which xvill permit future extensions to be adequately serviced by the City sewer system shall be paid for by the property owner asking for connection to the City system and shall be required to install sewer mains for either trunk or lateral line use in the size required by the City at no cost to the City. 324 17.20.030 Connection payment. Connections of private server lines of laterals to municipal sewer lines or sy.'stems shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and xvelfare to connect a private sewer line belbre finding and notifying the owner, then the Cit.,,' may do so and may charge the cost of such connection to the owner, operator, or user of said private sexver line. 17.20.040 Private self-contained sewage disposal systems. Any private sewage systems to a structt~re which are self-contained on the premises shall be replaced by the owner, and the structure will be connected to the municipal sewer in not less than txvelve (12) months fi'om the date when such service becomes available to the premises in question. 17.20.050 Persons authorized to accomplish connections. All connections accomplished as required herein must be accomplished by the City ora City-approved contractor. Any contractor working in the right-of-xvay or easement is required to obtain an excavation permit from the City. 17.20.060 Penalty. Violations of this title shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing penalty, the City Ad,ni,~istrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is commenced within the ten-day period. If said violator reft, ses to comply with the notice specifying requirement lbr compliance with the sections enumerated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. 325 Chapter 17.25 PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO SANITARY SYSTEM Sections' 17.25.010 17.25.020 17.25.030 17.25.040 17.25.050 17.25.060 17.25.070 17.25.080 Definitions. Prohibited acts. Receiving facility. Permitted discharge of septic cesspool materials. Penalty~Fine imposition. Civil Penalty. Discontinuance of service. Intergovernmental agreements exemption. 17.25.010 Definitions. (a) Sanitary sewer system means the sewer treatment plant facility of the City of Kenai and includes all pipes, manholes, lift stations, holding tanks, and entry ways of any kind through which material may floxv into and through the sewer treatment plant facility. (b) Discharge tneans to dump, drop, release, insert, or otherwise allow to enter into the sanitary sewer system any of the prohibited materials set forth below. (c) Septic material means the contents of any septic tank seepage disposal system containing the drainage from sinks and toilets and the like. (d) Cesspool material ~neans the contents of any pit or receptacle containing the drainage fi'om sinks and toilets and the like. (e) Septic tank pumping vehicle means any vehicle used to carry septic or cesspool material. 17.25.020 Prohibited acts. It shall be unlawful for any user to: (1) Introduce or cause to be introduced into the municipal sewerage system any pollutant or wastewater. This general prohibition and the specific prohibitions below apply to all users whether or not they are 326 (2) (ii) (iii) (iv) subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. Discharge or cause to be discharged any of the following described pollutants, substances. or wastewate,' into the municipal sewerage system: (i) Any stormwater. surface water, surface runoff, groundwater. roof runoff, subsurface draina.~e, coolino water if it is polluted or unpolluted. Any water or wastewater which contains petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts which in the opinion of the utility are in amounts greater than that which would be normally construed as incidental in normal discharges. Any solid or viscous substance, or liquid that can become viscous when cooled, in amouuts capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system such as, but not limited to, fat, grease, uncomminuted garbage, animal guts or tissues, hair, hide~ fleshings or entrails. Any wastewater which creates a fire or explosive hazard, including, but not limited to, wastewaters (v) (vi) (vii) (viii) x~.'ith a closed-cup flashpoint of less than 140°F (60°C) usin,, the test methods specified in 40 CFR 261.21. ,At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (o,' at any point in the system), be more thnn five (5%) percent not any single reading over ten (10%) percent of the lowe,' explosive limit (LEL) of the meter. Any wastewater having a pH lower than .5.0 or higher than 12.5 at any time, o,' having any corrosive property capable of causino damage or haza,'d to structures, equipment and personnel of the seweraoe works. Any wastewater which results in the presence of toxic gases, vapors. or fi~mes in a quantity that, in the opinion of the utility, may cause acute worker health and safety problems. Any wastewater containing radioactive substances except in compliance with applicable state or federal regulations. Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficieut to create a public nuisance, or hazard to life or health, or that are sufficient to prevent 327 (ix) (x) (xi) (xii) (xiii) (xiv) entry into the municipal sewerage system for its maintenance and repair. Any substance that will cause the utility to violate its NPDES permit. Any substance that may cause the municipal sewerage system's treatment residues. sludges, incinerator ash or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. Any wastewater that causes the temperature at the treatment works influent to exceed 40 degrees Celsius (104 degrees Fahrenheit). Any pollutants, iucluding oxygen demanding pollutants, released at a flow rate or coucentratio,~ that, either singly or by.' interaction with other poilutauts, will interfere with operation of the municipal sewerage system. Any wastewater contaiuing medical wastes from industrial users including but not limited to hospitals, clinics, offices or medical doctors, convalescent homes, medical laboratories or other medical facilities. Any waters or wastes Containing toxic or · poisonous substance in concentrations such as to constitute a hazard to humans or animals or to iuterfere with any sewao, qe treatment process or create any hazard in the receivino wate,'s of the sewage treatment plant, including, but not limited to the foilowino substances: Fixed Upper Li~nits lbr Constituents (Pans Per Million By Weight) Cadmium Chromium Copper Cyanide Nickel Silver Tin Zinc Phenol 5.0 3.0 3.0 0.0 0.1 5.0 5.0 3.0 0.5 (3) (xv) Any plastic bags; (xvi) Any fish. animal, or carcass, or part thereof greater than three inches in diameter or four inches in length; (xvii) Any glass, wood, metal, or stones; (xviii) Any item made of cloth or woven material; (xix) Any material including septic and cesspool wastes deposited from a septic tank pumping vehicle except as specifically permitted pursuant in KMC 17.30.040 below. Prohibited connection of sanitary sewer with storm sewer system. Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a sto,'m sewer system. (4) Prohibited discharge at unapproved location. Discharge or cause to be discharged into a sanitary sewer any waters o,' wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location that has been specifically so designated by the utility. (b) It shall be unlawfi~l for any person to: (1) Cause to be admitted into the Kenai Sewer Utility System any waters or wastes having a suspended solids content in excess of 2.000 parts per million by weight. (2) Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer system. (3) Cause to be admitted into a sanitary sewer and waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location which has been specifically so designated by the City. (c) Vandalism. No person or entity shall willfully or negligently break, damage, destro>,, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the municipal sewerage system. 17.25.030 Receiving facility. The City shall establish a facility to accept septic cesspool materials which is fi'ce from debris and other prohibited substances outlined in KMC 17.30.020 above and otherwise meets the biological effluent control standard as determined by the City and the Federal Department of Environmental Protection. 328 17.25.040 Permitted discharge of septic cesspool materials. (a) Septic/cesspool material meeting the effluent standards as established bv the Git3' (xvhich shall not be less stringent than the standards established in the prohibitions set forth in KMC 17.30.020 abm'e) may be discharged into the sanitary sewer system from a septic tank pumping vehicle at a location specified by the City upon the payment of a galionage tee. The fee and quality standards are set forth below: ( 1 ) The City of Kenai Water and Sewer Utility shall establish a holding tank for receiving bulk septic material screened and fi'ee of all non-degradable materials. (2) Such holding tank, being limited to a total of 1,400 gallons at any given time. shall accept such septic materials Tuesday tlirough Friday. Materials accepted shall be trickled on a continuous basis into the Plant for treatment. (3) Bulk septic materials may be directed to the Sewer Treatment Plant (STP), Tuesdays through Fridays, bet~veen the hours of 8'30 a.m. through 11 '30 a.m. and 1'00 p.m. through 4'00 p.m. Only.' the gallon-age shall be received as the holdino= tank is capable of receivin,, (4) The source of the bulk septic materials must be identified by name and parcel number at the time of delivery and payment of the fee. The form must be signed by property owner. (5) The fee per acceptance of bulk septic material shall be in accordance with rates set in the Public Utility Regulations and Rates of the City-of Kenai, plus tax. (6) Each bulk material handler must equip his equipment with discharge hose screens or other suitable devices to insure that no material larger than !/4" can be discharged into the holding tank. (7) It shall be the delivery personnel's responsibilitY to stick the tank and determine the ability to discharge safely without overflowing. (8) The delivery personnel will pay the dumping tee and receive the go ahead from the STP operator BEFORE he starts to set up for dumping. After he has completed dumping and put away his hoses, he will check with the STP operator who will sign the permit slip, give the delivery personnel a copy, and check to make sure no spillage has occurred. (9) If spillage has occurred, if any non-degradable material has been put into the system, or if the system has been left plugged, the delivery person shall be subject to the penalties as established by KMC 17.30.060 and/or 17.30.070 and the septic material handler may forfeit his right to discharge material in the future. (10) The delivery personnel are to discharge septic material under the direction of the STP operators. All delivery, personnel are asked to cooperate completely with the operators and failure to do so can terminate their dumping privi leges. 11) If the bulk material handler and/or the property owner forges or in any way falsifies the property owner's septic dumping form [as required by KMC 17.30.040(4)], then in that event the bulk material handler and/or property owner will lose his right to utilize the dumping facilities. 12) The City of Kenai reserves the right to audit records of bulk septic material operators on a periodic basis. 17.25.050 Penalty--Fine imposition. Any person, firm, or corporation violating any provision of this chapter shall be subject to a fine in an amount as provided for violations in KMC 13.05.010. Each discharge or dumping Shall constitute a separate violation. 329 17.25.060 Civil penalty. (a) In addition to. or as an alternative to the penalty aforementioned, any person violating any provisions of this chapter shall be subject to a civil penalty as provided in KMC 13.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (b) The City shall seek an award of reasonable attorney's fees and costs ['70!11 the court in prosecuting such an action. 17.25.070 Discontinuance of sen'ice. In addition to the penalties provided by law, violation of this chapter shall be sufficient cause for the Kenai Sexver Utility to discontinue sewer service to any property on which such a violation has originated. Criminal conviction or other judicial action is not a prerequisite to discontinuance of service. 17.25.080 Intergovernmental agreements exemption. Notwithstanding any provision in this chapter to the contrary, the City may, upon approval of Council, enter into cooperative agreements with other units of government for disposal of waste products through the City of Kenai sanitary sewer system, which agreements may provide for disposal of substances which may otherwise be precluded by this chapter. .~30 Attachment B Ordinance PROPOSED 2/1/05 PUBLIC UTILITY REGULATIONS AND RATES TABLE OF CONTENTS A~ PAGE REGULATIONS ........................................................................................................... APX-7 1. Application for or Change in Service .................................................................... APX-7 2. Water and Sewer Connections and Extensions ..................................................... APX-7 3. Deposits for Service ................................................................................................. APX-7 4.Charge for Serxice and Suspended Sera, ice ............................................................ APX-7 5. Hydrants .................................................................................................................... APX-8 6. Common Connections .............................................................................................. APX-8 7. Location of Water Key Box ..................................................................................... APX-8 8. Sewer Service Clean-Out ........................................................................................ APX-8 9. Rental Properties ...................................................................................................... APX-8 Be RATES ........................................................................................................................... APX-8 SCHEDULE A--General Domestic Service Rates (Non-metered) ........................... APX-9 SCHEDULE B--Commercial Service (Non-metered) ............................................... APX-9 SCHEDULE C--Industrial Service (Non-metered) ................................................... APX-10.1 SCHEDULE D--Fire Protection Service .................................................................... APX-10.1 SCHEDULE E--Metered Service ................................................................................ APX-10.2 SCHEDULE F~Water and Sewer Service for Building Construction .................. APX-10.2 SCHEDULE G--Permit Fees ........................................................................................ APX-10.2 APX-5 CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RATES A. REGULATIONS The folloxving regulations of the City of Kenai. pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: 1. Application for or Change in Service' a. It shall be the responsibility' of the property owner to apply for utility service, a change in service, or discontinuance of service by signing a service order at the City Administration Bqilding, Kenai. Alaska. b. Property owners are responsible to contact the City biilino~ department xvhen alterations to a building would change their billing account. 2. Water and Sewer Connections and Extensions: a. The property owner or his contractor may apply for a water and sewer permit for a connection and/or extension of service lines. The water and sewer permit is valid for only six (6) months from the date of issue. If the water and/or sewer line is not installed within six (6) months, a new permit, at no additional cost, will be required. The entire cost of water or sewer service connection and extension will be borne by the property owner. b. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected fi'om the City system and their use discontinued. All on-site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. c. All water turn-ohs and turn-offs and the operations of the key box at the property line shall be made by City personnel only. A fee of filly dollars ($50.00) will be levied on requests for turn-on and turn-off (after initial turn-on) during normal duty hours and whenever such action is required due to delinquent account. A fee of one hundred dollars ($100.00) will be levied on requests tbr turn-on or turn-off during periods other than normal duty hours. Turn-on and turn-off during, normal workin~ hours line testing purposes will not be a cost to the prope~y owner. There will be no charge tbr the initial turn-on durin,, normal xvorkino hours for a first or nexv property owner. d. All customers shall be required to provide a separate valve, if it does not exist. inside a building being serxed. The valve shall be located on the service entering the building ahead of any branch lines xxhere it is readily accessible in event of emergency. e. Each and every building served by the water utility shall have a separate outside shut-off valve located in a valve box. The propegy owner is required to knoxv the location of this valve. In the event it is impossible to get a separate outside shut-off valve within the public right-of-way, the propegy owner shall provide the shut-off valve within private propeny and execute, in hvor of the City, an easement providing access for the City personnel to the key box. In the event that a fi~nctional shut-off valve cannot be located by City personnel, the City may install a shut-off valve and charge the prope~y owner for related labor, equipment, and material costs. f. Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the Ci~.'. 3..Deposits for Sen, ice' For domestic and commercial customers, a deposit is required of flay dollars ($50.00) for water service and fi~y dollars ($50.00) for sewer service. These deposits may be refunded upon request after two years of timely payment histoD'. 4. Charge for Sen'ice and Suspended Se~ice: a. Other than for a shog period for waterline test purposes, the prope~y owner will APX-7 be charged the appropriate xx'ater a~d sexver rate x,.'henever the curb stop or valve in the valve box is turned on and available to deliver water. (For exception. See B. RATES. SCHEDULE F-- WATER AND SEWER SERVICE FOR BUILDING CONSTRUCTION. b. Property owners will be allowed to suspend water and sewer services by contacting tl~e City in writing 30 days prior to the requested water turn-off date. The property owner will be required to follou,' Section ";c includino the payments tbr xx'ater turn-offs and turn-ohs. Any water used during a month will be charged as a t'ull month's use of water a~d sewer. (No pro- rated costs tbr part of a month. c. Property owners who's xvater is turned off by the City /bt non-pay'ment of services will be required to follow Section 2c. including the payments for water turn-offs and turn-ohs. The property owners are responsible to pay lbr their existing bill plus water and sewer costs as if available durino the period the water is turned off lbr non-payment. 5. Hydrants' a. The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained fi'om the City, and upon payment of the use charge. Failure to obtain written authorization fi'om the City, failure to follow written instructions of the City, or any improper use of a fire hy'drant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit of two hundred dollars ($200.00) is required to assure careful use of the hydrant and will be refi~nded if no maintenance is required when hydrant use is completed. The use charge, which is non-refi~ndable, is lbrty dollars ($40.00) per day. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with ~:ates provided in the rate schedules. c. The permit holder is required to use a l~ydrant wrench to slowly open and close the hyd,'ant. During use. the hyd,'a,~t must be fully opened. It' usi~g a hydrant to fill a tank, users must comply with State of AK DEC requirements tbra minimum 8-inch air ,,ap on the fill line. ~'anks are required to be inspected by the City belbre hydrants are used. d. Tt~e fire l~3'drant permit n~av be suspended by the City of Kenai at any time (normally during City water sho~ages). The fire hydrant permit holder is required to maintain current up-to-date contact numbers with the City. 6. Common Connections: There shall be I10 water alld sewer commoil extellsions for rise by several prope~ies or families. No connection or extension will be permitted across prope~y lines unless they are located in a public utility easement. EyeD' lot or individual parcel will have its own water line. valve, and meter (if not paying a fiat rate). Every lot or individual parcel will have its own sewer line. 7. Location of Water Key Box: It shall be the property oxvner's responsibility to know the location of. and have marked, the key box and thaw wire on the xvater service connection. The standard key box marker shall be a 4"x 4" wood post, lbur feet in height, painted white with black top and the word "water" stenciled in black le~ers no smaller than two inches high. Prope~y owners xx'ho do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessi~,. 8. Sewer Se~ice Clean-Out' No person shall install a sexver extension to a buildino without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean-out of four-inch minimum diameter. It shall be the property owner's responsibility to know the location of and have marked the sewer service clean-out. 9. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. APX-8 B. RATES The charges to users of water and sewer systems within the City of Kenai are as follows' SCHEDULE A~GENERAL DOMESTIC SERVICE RATES (NON-METERED) Per Month Water Sewer One or two-family residence, per family unit $12.54 536.03 Single or double unit apa,'tment, per family unit 12.54 36.03 Apartment. three or more units under oue roof, per family unit--single bill assumed by owuer. Separate billing 9.44 27.09 12.54 36.03 Trailers. one or txvo on single lot or court (each). 12.54 36.O3 Trailers. three or nlore on lot or court, per trailer unit' Single billing Separate billing 9.44 27.09 12.54 36.03 Boardiug houses, per available room 3.33 9.72 Minimum Charge: Each month's minimum charge is one fi~il month's service, without proration. Any water used during a month will be charged as a fi~ll month's use of water and sewer. See A4 Charge for Service and Suspended Service. Special Conditions: The above schedule is restricted to service used exclusively for general domestic purposes, as distinguished fi'om commercial or other uses of water or sewer service. 2. SCHEDULE B--COMMERCIAL SERVICE (NON-METERED) Per Month Water Sewer Demand Charge' (Applicable to individual customers where water connection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service 1.25 inch service 1.50 inch service 2.00 inch service 3.00 inch service Larger than 3.00 inch service $12.71 $36.38 19.36 53.94 32.07 91.57 48.40 136.73 72.60 206.98 108.90 311.10 Use Charge' Bakery 36.91 105.37 Bath House. tub or shower, each 8.47 23.83 Bottling Works. per bottling machine 291.61 835.43 Bowling Alleys, Amusement Parks 35.09 100.98 Car Lot, with car wash facilities Car wash, autolnatic, per facility 17.55 50.18 157.30 499.08 Car wash, self-service, per stall 23.60 67.11 APX-9 Churches, lodges, clubs. banquet rooms (no bar or restaurant facilities), per seat Dairies--Installation of water meter required. Day Care Center or Preschool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity Doctors' and dentists' offices. per room or chair (Psychiatrists and Optolnetrists, apply office rate). Garage, service stations Additional charge for recreational vehicle dump stations (May through September only) Hangar, airplane repair: with washing facilities Hospitals, per bed Hotels, motels, resorts, per roolll Laundry, self-service, per machine Markets, meat Office buildings where single bill is assumed by owner, per business Per Month Water Sewer .13 .38 Cleaners and commercial laundries, per £acilit)'. .51 1.44 7.57 21.64 15.13 17.55 15.13 17.53 9.99 7.87 14.22 19.36 16.94 43.90 50.18 43.59 50.18 28.85 22.27 40.45 55.19 47.67 Office. in multiple office building where individual tenants are billed, per business Restaurants. cafes, lunch counters, fountains, taverns and bars (with kitchens) for each seat (Note 2) Public office building, per restroom Recreation facility, per restroom, sauna or shoxver, etc. Recreational vehicle/camper park, per parking space (demand charge only from October through April) Schools, per seating capacity Shopping centers (depends on stores included in shopping center, Note l) Shops, beaut),, per station or chair Shops, miscellaneous (including barber shops), per shop Sleeping room, per room (without facilities for housekeeping) Studios, photo or photo lab Supermarkets (grocery stores) APX-10 Per Month Water Sewer 101.04 288.51 19.36 55.19 1.09 3.20 4.36 12.54 8.47 24.15 8.47 24.15 .51 1.44 8.78 25.O9 8.78 25.O9 8.78 25.09 3.33 9.72 41.45 119.17 99.53 284.75 Theaters: Indoor. per seat Outdoor. per stall Taverns. lounges, bars (without kitchens), per seat .07 .17 .07 .17 1.03 3.01 X-ray or laboratory office 24.81 70.87 Note 1' Additional for other facilities such as restaurant, beverage dispensary, etc., are at the applicable use charge for each facility. Note 2' When a restaurant serves liquor and has no separate bar. no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. Minimum Charge: Each month's minimum charge is one full month's service, xvithout proration. Any xvater used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Service and Suspended Service. Special Condition: Where lnore than one customer is served fi'om the salne service line between the City's water main and the customer's premises, the City reserves the exclusix'e right to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. Cesspool Pumper Charge' The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be thirt3' dollars ($30.00) per one hundred gallons. The gallons delivered shall be as estimated by the sewer treatment plant operator. 3. SCHEDULE C--INDUSTRIAL SERVICE (NON-METERED) Per Month Water Sewer Concrete mixing plant 159.72 457.86 Concrete products 79.86 228.30 Confectioner 53.24 151.78 Greenhouse, commercial 53.24 151.78 Ice cream plant 79.86 228.30 Cold storage plant or lockers 37.51 106.62 Demand Charge' Note: Schedule B Demand Charge also applies to Schedule C Services. Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a fi~ll month's use of water and sewer. See A4 Charge for Service and Suspended Service. 4. SCHEDULE D--FIRE pROTECTION SERVICE For automatic sprinkler system' NO CHARGE Special Conditions' (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed; and maintained by the owner and/or customer. APX- (.c) All connections between the City's ,hain and privately owned facilities xviil be made at the expense of the customer. (d) At the option of the City. sprinkler service ~nay be metered. The meter and the installation tl~ereof shall be at the expense of the customer. (e) No tap or outlet fo,' use other than fire protection shall be permitted on fire lines or ~nains. unless approved by the City. (it) In times of emergency, the right is reserved by the Cit.;' to turn off any fire hydrant and/or sprinkler system at the discretion of the City. (g) No drains fi'om fire sp,'inkle,' systems shall be directly' connected with the City sanitary sewe,'s, and no cross-connection whatsoever will be permitted betxveen fire p,'otection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E--METERED SERVICE a hydrant to be deternlined by tank volunle and paid by the metered service rate. 6. SCHEDULE F--WATER AND SEWER SERVICE FOR BUILDING CONSTRUCTION Upon payment fo,' water and/or sewer permit fee (7. SCHEDULE G- PERMIT FEES), there will be no charge for water or sewer for six (6) months. After six (6) months, the appropriate monthly charge will begin for water and sewer if the bt, ilding is not completed. If there is a final inspection or if the building is occupied prior to the six (6) months, the appropriate monthly charge will begin for water and sewer. 7. SCHEDULE G--PERMIT FEES Inspection fees for new water and sex~.'er service lines (one-time charge)' Per Month Water Sewer a. Water $200.00 b. Sewer $200.00 General usage, per thousand gallons of water $1.21 $3.57 Hydrant use and other use. per 1000 gallons of water 1.82 Minimum Charge Per Month: All usage, 15,000 gallons of water. General Usage 18.15 Hydrant Use 27.30 53.55 The City reserves the ,'ight to deter,ni,~e the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. Meter repair as necessary, shall be made by the owner within 30 days or by the City with costs billed to the owner. The City may allow the amount of ware,-to be used from APX- 17.05.010 Chapter 17.05 WATER SYSTEM Sections: 17.05.010 17.05.020 17.05.030 17.05.040 17.05.050 .17.05.060 17.05.070 Definitions. Connection provided. Private systems. Rules and regulations. Frozen connections and extensions. Discontinuance of service. Schedules of rates; rules and regulations. 17.05.010 Definitions. (a) "Water mare" shall mean that pan of the water distribution system mtencled to serve more than one water connection. (b) The term "water connection" shall mean that pan of the water distribution system connecting the water main with the lot line of abutting property. (c) The term "water extension" shall mean that part of the water distribution system extending from the water connection into the premises served. (KC 17-50) 17.05.020 Connection provided. (a) Water connections to City water main shall be installed only by the City or by City-approved contractors and then, except as provided else- where in this Code, only upon payment of the fee as provided by the rules and rates schedules adopted pursuant to this Code. (b) No person shall install a water extension with- out first obtaining and paying for a written permit from the person designated to issue such permit or from the City Engineer. (KC 17-51) 17.05.030 Private systems. (a) No person shall construct any private water main which will be served directly or indirectly by the City. water distribution system without first obtaining and paying for a written permit from the person designated to issue such per- mits or from the City Engineer, said permit to prescribe the conditions of such construction. (b) No person shall install any water connection to any private main which will be served directlv or indirectly by the City water distribution system without first obtaining and paying for a written permit from the person designated by the Council to issue such permit or from the City Engineer, and said Permit shall specify conditions prescribed for said installation. (c) No person shall install any water extension from water connection of any private water main which will be served directly or indirectly by the City water distribution system without first obtaimng and paying for a written permit from the person designated by the council to issue such permits, or from the City Engineer and such permit shall state conditions pre- scribed by him. (KC 17-52) 17.05.040 Rules and regulations. (a) No property shall be served directly or indi- rectly by the City water distribution system unless the person so served or his authorized representative has first entered into a contract with the City for such service. No water shall be sold outside the City unless the premises served comply with standards specified for the City. (b) The Manager of the City water distribution system is hereby empowered to discontinue water service for non-payment of any utility service charges, connection fees,' and the like. Utility billing and deposits for water service shall be as provided in rules and regulations for administration of this water system. (c) No person, other than an authorized employee or designated contractor of the City, shall turn on or off any water service. 317 17.05.040 (d) No water main connection or extension shall be made or backfilled until it is inspected and approved by the Public Works Director or his designated representative. The contractor who shall be a City-approved contractor, shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) No person shall refuse to admit, after notice and at reasonable hours, the premises owned or occupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspecting any piping in connection with the water distribution system. (f) No consumer shall resell water. (g) The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations required for opera- tion of this system, not in conflict with the provisions of this Code, relative to water mains, connections, and extensions which will be served directly or indirectly by the water distribution system, as are necessary to protect public property or the safety and health of the public, and to establish rates for water billing and collections for the support of the system, and no person shall fail to comply with any such role or regulation. Water service may be discontinued for non-payment of any utility service charges. (KC 17-53; Orals. 343, 686) 17.05.060 Discontinuance of service. Water may at any time be shut off from the water main without notice for repairs, extensions, or other necessary purposes. The City will not be liable to the consumer for any loss or damage which may be caused by the failure of the City to deliver water. Whenever feasible, the City shall give public notice of shutoffs, but shall not be bound to do so. (KC 17-55) 17.05.070 Schedules of rates; rules and reg- ulations. (KC 17-56; Repealed Ord. 686) 17.05.050 Frozen connections and extensions. Consumers will be responsible for all frozen water connections and extensions, and the City will not be responsible therefor. The City will maintain all water connections except for damages resulting from freezing. The City will in no way be responsi- ble for water extensions. (KC 17-54) 318 !7.10.010 Chapter 17.10 SEWER SYSTEM Sections: 17.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 17.10.070 Definitions. Connections. Private systems. Service outside city. Frozen connections and extensions. Discontinuance of service. Rules, regulations and rates. 17.10.010 Definitions. (a) The term "sewer main" shall mean that part of the sewerage system intended to serve more than one sewer connection. (b) The term "sewer connection" shall mean that part of the sewerage system connecting the sewer main and the lot line of abutting proper- ty. (c) The term "sewer extension" shall mean that part of the sewerage system extending from the sewer connection into the premises served. (KC 17-57) 17.10.020 Connections. (a) Sewer connections to City sewer mains shall be installed only by the City or by a City-ap- proved contractor. The City shall bill the prop- erty owqaer for labor and materials, plus ten percent (10%) or such flat rate amounts as may be established by the City Administrator and approved by the City Council. (b) No person shall install a sewer extension with- out first obtaining and paying for a written permit from the City Engineer. (c) No person shall install a sewer connection without a check valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such service connection. No sewer main connection or extension shall be made or backfilled until it is inspected and (d) approved by the Public Works Director or his designated representative. The Contractor, who shall be a City-approved contractor, shall notify the City at least twenty-four (1124) hours in advance of the time requested for inspection. A fee for a sewer permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (KC 17-58; Orals. 343, 686) 17.10.030 Private systems. (a) No person shall construct any private sewer main which will be served directly or indirectly by the City sewerage system without first ob- taining and paying for a written permit from the City Engineer under any outlining condi- tions prescribed by him. (b) No person shall install any sewer connection to any private sewer main which will be served directly or indirectly by the City sewerage system without first obtaining and paying for a written permit from the person designated, or the City Engineer under any outlining condi- tions prescribed by him. (c) No person shall install any sewer extension from a connection of any private sewer main which will be served directly or indirectly by the City sewerage system without first obtain- ing and paying for a written permit from the City Engineer under any outlining conditions prescribed by him. (KC 17-59) 17.10.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City sewerage system unless such connec- tion has been authorized by Council either in the individual case or as part of a sewer exten- sion specifically authorized by Council. (b) Each sewer service which is outside the City and connected to the City sewer system sh~l be charged not less than $25 per month and higher charges may be established by regula- 319 'V.!O.O~O tions. The charge shall be the obligation of the owner of.the premises served by the City sew- er. If the premises are occupied by a person not the owner, that person shall be jointly and severally liable for the monthly sewer charge with the owner. Failure to pay the sewer charge when due gives the City the right to immedi- ately discontinue sewer service to any residence upon which charge is unpaid. Discontinuance of service in no way affects the City's right to enforce collection of past due sewer charges. (KC 17-60) 17.10.050 Frozen connections and extensions. Customers will be responsible for all frozen sewer connections and extensions, and the City will not be responsible therefor. The City will maintain sewer connections, except for damages resulting from freezing. The City will in no way be responsi- ble for sewer extensions. (KC 17-61) 17.10.060 Discontinuance of service. The City may at any time without notice dis- continue sewer service for repairs and the like with- out liability for resulting loss or damage. Public notice of service interruptions will be given whenev- er possible but the City shall not be bound to do so. (KC 17-62) 17.10.070 Rules, regulations and rates. The City Administrator is hereby empowered, subject to approval by the Council, to make such roles and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to sewer mains, connections, and extensions which will be served directly or indirect- ly by the City sewage system as are necessary to protect public property or the safety or health of the public, and to establish rates for sewer billing and collecting for the support of the system, and no person shall fail to comply with any such role or regulation: (KC 17-63; Ord. 686) 320 i7.15.010 Chapter 17.15 PRIVATE SEWER SYSTEMS Sections: 17.15.010 17.15.020 17.15.030 17.15.040 Mandatory connections. Connection standards. Connection payment. Private self-contained sewage disposal systems. 17.15.010 Mandatory connections. It shall be mandatory for all structures suscepti- ble to being or currently being a source from which sewage may or is being generated, to be connected to the public sewage system provided that any pan of the structure is or is to be within 200 feet of an existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (KC 17-64; Ord. 394) 17.15.020 Connection standards. Private sewers intersected by municipal sewer lines shall be connected to said private sewer lines as provided by roles and regulations of the City of Kenai. That in the event such connection repairs complete replacement of so-called "private sewer line," then in that event the owner thereof shall have that portion (not including the connection to the City water main) replaced with installations con- forming to the standard of construction prescribed by this Code within one year from the date of the initial connection to the main sewer trunk. (KC 17- 65) 17.15.030 Connection payment. Connections of private sewer lines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private sewer line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the own- er, operator, or user of said private sewer line. (KC 17-66) 17.15.040 Private self-contained sewage disposal systems. ,~my private sewage systems which are self- contained on the premises of any one owner shall be replaced by a connection to the municipal sewer in not less than twelve (12) months from the date when such service becomes available to the premis- es in question. (KC 17-67) 321 i7.20.010 Chapter 17.20 CONNECTION TO PUBLIC WATER SYSTEM Sections: 17.20.010 17.20.011 17.20.020 17.20.030 7.20.040 17.20.050 17.20.060 17.20.070 Mandatory connection. Mandatory charges. Connection payment. Private self-contained water systems. Persons authorized to accomplish connections. Penalty. Charges in lieu of assessments. Connection charges to sewage collection system. 17.20.010 Mandatory connection. It shall be mandatory for all structures suscepti- ble to being or currently being a source from which water is being used, to be connected to the public water system provided that the well serving this structure is within 200 feet of an existing public water and sewer main if the structure is located on a lot or a parcel of land which abuts upon a street or other public way containing a public water main or a public water system. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. It shall be manclato- ry for the owner, operator, or users of a private well supplying water to a structure to arrange and to pay for connection of said structure to the available municipal water system and the abandonment of well(s) no longer being utilized. Connections to the City water distribution system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and aban- donment of old wells. (KC 17-68, Ord. 1160) 17.20.011 Mandatory charges. (Ord. 816, repealed 1160) 17.20.020 Connection payment. Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessaG, in the interest of public health and welfare to con- nect a private water line before findino and notify- lng the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. (KC 17-69) 17.20.030 Private self-contained water systems. Any private water system which is self-con- tained on the premises of any one owner which sup- plies a facility serving the public in any manner shall be replaced by a connection to the municipal water system not later than September 1, 1966. (KC 17-70) 17.20.040 Persons authorized to accomplish connections. All connections accomplished as required hem- in must be accomplished by a City force or a City- approved contractor. (KC 17-71) 17.20.050 Penalty. Violations of this title shall, on conviction. subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing criminal penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or estab- lishment will be closed unless reasonable remedial action is commenced within the ten-day period. If said violator refuses to comply with the notice spec- ifying requirement for compliance with the sections enumerated herein, then said premises will be posted as being closed as a health menace by the City of Kenai. (KC 17-72; Ord. 688) 322 i7.20.000 17.20.060 Charges in lieu of assessments. (a) Property situated adjacent to the water distribu- tion system of the City of Kenai shall be charged a payment in lieu of costs assessed for improvements when it is desired to connect to the City water system in accordance with what- ever rate shall be the highest as follows' (I) The total cost of connection plus an ap- propriate charge for the value attributed to a pro rata sham of costs of the central water distribution system; (2) Charge computed on the per square foot rate shall be not less than the cost for the adjacent or contiguous improvement district computed on an area not less than 150 feet wide along the longest dimen- sion of the adjacent property, provided such dimensions do not exceed 150 feet in length; and, (3) The per square foot assessment for the central water distribution system cost shall be at the rate of not less than the per square foot cost. based on the number of square feet computed in subparagraph (2) above. (b) The rate of charge for short lateral (which are defined as anything less than eight (8) inches diameter) water distribution line shall be: (1) The total cost of installation of the lateral water mare extension, installed under the supervision and specifications of the City of Kenai; and. (2) The property owner requesting a short water main lateral extension may be permitted to recover two-thirds of the proportionate cost of subsequent connec- tions. Payment terms on such reimburse- ment shall be not less than the cost of the nearest per square foot assessment charg- es of the closest district. (c) The cost of installing appropriately sized water distribution mains for subdivisions which will permit fUture extensions to be adequately ser- viced by the City water system shall be paid for as follows: (I) The property owner asking for connection to the City. system shall be required to install water mains for either trunk or lateral line use in the size required by thc Cit~' at no cost to the City: and. (2) When extensions are made beyond the trunk or lateral lines extended into a subdivision, the benefitted property shall be levied for such further extension of the water system and up to 80% of said levy may be utilized for reimbursement to the property owner originally asking for the water main extension for that portion of the original over-sized water main which is not required to serve the property im- mediately benefitted. (d) That the charges for services of improvements outlined above shall be incorporated into a contract for the requested extension of a trunk or lateral water main or connections to the City water system. In the event any of the costs are to be paid for on an installment or deferred payrnent basis, then the said property shall be subject to the same liens as are provided for special assessments as set forth in the Charter of the City of Kenai. Alaska, Section 7-5. (Ord. ~82) 17.20.070 Connection charges to sewage collection system. Charges for costs of connections or extensions of the City sewage collection system shall be com- puted in accordance with the criteria established for computation of costs of the water distribution sys- tem of the City. In the event any of the costs are to be paid for on an installment or deferred payment basis, then said property shall be subject to the same liens as are provided for special assessments as set forth in the Charter of the City of Kenai, Alaska. Section 7-5. The charges authorized herein shall be incorporated into a contract for the requested im- provement. (Ord. 182) 323 !-.25.010 Chapter 17.25 PENALTY FOR LATE PAYMENT Sections: 17.25.010 Penalty. 17.25.010 Penalty. Failure to pay a water and sewer bill for servic- es in full by the 20th day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. (Ords. 238, 1267-88) 324 Chapter 17.30 PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO SANITARY SYSTEM Sections: 17.30.010 17.30.020 17.30.030 17.30.040 17.30.050 17.30.060 17.30.070 17.30.080 Definitions. Prohibited substances. Receiving facility. Permitted discharge of septic cesspool materials. Penalty--Fine imposition. Civil penalty. Discontinuance of service. Intergovernmental agreements exemption. 17.30.010 Definitions. (a) Sanitary sewer system means the sewer treat- ment plant facility of the City of Kenai and includes all pipes, manholes, lift stations, hold- ing tanks, and entry ways of any kind tlxrough which material may flow into and through the sewer treatment plant facility. (b) Discharge means to dump, drop, release, insert, or otherwise allow to enter into the sanitary sewer system any of the prohibited materials set forth below. (c) Septic material means the contents of any sep- tic tank seepage disposal system containing the drainage from sinks and toilets and the like. (d) Cesspool materi~l means the contents of any pit or receptacle containing the drainage from sinks and toilets and the like. (e) Septic tank pumping vehicle means any vehicle used to carry septic or cesspool material. (Ord. 517) 17.30.020 Prohibited substances. (a) It shall be unlawful for any person to: (1) Discharge or cause to be discharged any of the following described substances into the sanitary sewer system: (i) Any surface water runoff; 325 (ii) (iii) (iv) (v) (vi) 17.30.010 Any gasoline, benzene, naphtha. fuel oil. motor oil. mineral spirits. commercial solvent, or any flam- mable or explosive liquid- Any waters or wastes having a pH lower than 6.0 or higher than 9.0 at any time, or having any other corrosive property capable of caus- ing damage or hazard to structures. equipment, and personnel of the sewerage works; Any waters or wastes containing toxic or poisonous substance in concentrations such as to constitute a hazard to humans or animals or to interfere with any sewage treat- ment process or create any hazard in the receiving waters of the sew- age treatment plant, including, but not limited to the following sub- stances: Fixed Upper Limits for Constituents (Parts Per Million By Weight) Cadmium 5.0 Chromium 3.0 Copper 3.0 Cyanide 0.0 Nickel 0.1 Silver 5.0 Tin 5.0 Zinc 3.0 Phenol 0.5 Any waters containing quantities of radioactive substances in excess of presently existing or subsequently accepted limits for drinking water as established by the National Committee on Radiation Protection and Measuring; Any waters or wastes that may cre- ate a public nuisance, interference 17.30.020 with the operation or maintenance of the sewerage system, or interfer- ence with normal biological pro- cesses in the receiving waters, as may be determined by the Public Works Director;, (vii) Any plastic bags; (viii) Any fish, animal, or carcass, or part thereof greater than three inches in diameter or four inches in length; (ix) Any glass, wood, metal, or stones; (x) Any item made of cloth or woven material; (x i) Any material including septic and cesspool wastes deposited from a septic tank pumping vehicle except as specifically permitted pursuant in KMC 17.30.040 below. (b) It shall be unlawful for any person to' (I) Cause to be admitted into the Kenai Sewer Utility System any waters or wastes having a suspended solids content in excess of 2,000 parts per million by weight. (2) Interconnect or cause to be interconnected directly or indirectly any part of a sam- tary sewer system with any part of a storm sewer system. (3) Cause to be admitted into a sanitary sewer and waters or wastes whatsoever other than through an approved, perma- nent sewer extension, or at a sewage dump station or other location which has been specifically so designated by the Kenai Public Works Director. (Orals. 302, 382, 517) 17.30.030 Receiving facility. The City shall establish a facility to accept septic cesspool materials which is free from debris and other prohibited substances outlined in KMC 17.30.020 above and otherwise meets the biological effluent control standard as determined by the Public Works Director and the Federal Department of Environmental Protection. (Orals. 382, 5 17) 17.30.040 (a) (2) Permitted discharge of septic cesspool materials. Septic/cesspool material meeting the effluent standards as established by the Public Works Director (which shall not be less stringent than the standards established in the prohibitions set forth in KMC 17.30.020 above) may be dis- charged into the sanitary sewer system from a septic tank pumping vehicle at a location speci- fied by the Public Works Director upon the payment of a gallonage fee. The fee and quality standards are set forth below: (1) The City of Kenai Water and Sewer Utility shall establish a holding tank for receiving bulk septic material screened and free of all non-degradable materials. Such holding tank, being limited to a total of 1,400 gallons at any given time, shall accept such septic materials Tuesday through Friday. Materials accepted shall be trickled on a continuous basis into the Plant for treatment. Bulk septic materials may be directed to the Sewer Treatment Plant (STP), Tues- days through Fridays, between the hours of 8:30 a.m. through 11:30 a.m. ancl 1:00 p.m. through 4:00 p.m. Only the gallon- age shall be received as the holding tank is capable of receiving. The source of the bulk septic materials must be identified by name and parcel number at the time of delivery and pay- ment of the fee. The form must be signed by property owner. The form is set forth as follows: (3) (4) 326 17.30.040 (5) (6) (7) (8) (9) PROPERTY OWNER'S SEPTIC DUMPING FORM 1. Date septic material picked up' 2. Pumping Company: 3. Property Owner's Name- 4. Property Owner's Mailing Address' Property Owner's Residence Address: 5. Size of Septic Tank (gallons)' We hereby declare that to the best of our knowledge, the above septic material came from within the City Limits of Kenai on the above-described property. PROPERTY PUMPING OWNER COMPANY The fee per acceptance of bulk septic material shall be in accordance with rates set in the Public Utility Regulations and Rates of the City of Kenai, plus tax. Each bulk material handler must equip him equipment with discharge hose screens or other suitable devices to insure that no material larger than 1/4" can be discharged into the holding tank. It shall be the delivery personnel's re- sponsibility to stick the tank and deter- mine the ability to discharge safely with- out overflowing. The delivery personnel will pay the dup- ing fee and receive the go ahead from the STP operator BEFORE he starts to set up for dumping. After he has completed dumping and put away his hoses, he will check with the STP operator who will sign the permit slip, give the delivery personnel a copy, and check to make sure no spillage has occurred. If spillage has occurred, if any non-de- gradable material has been put into the system, or if the system has been left plugged, the delivery person shall be subject to the penalties as established by KMC 17.30.060 and/or 17.30.070 and the septic material handler may forfeit his fight to discharge material in the future. (10) The delivery personnel are to discharge septic material under the direction of the STP operators. All delivery personnel are asked to cooperate completely with the operators and failure to do so can termi- nate their dumping privileges. (11) If the bulk material handler and/or the property owner forges or in any way falsifies the property owner's septic dumping form [as required by KMC 17.30.040(4)], then in that event the bulk material handler and/or property owner will lose his fight to utilize the dumping facilities. (12) The City of Kenai reserves the fight to audit records of bulk septic material operators on a periodic basis. (Ords. 302, 382, 517, 760) 17'30.050 Penalty---Fine imposition. Any person, firm, or corporation violating any provision of this chapter shall be subject to a fine in an amount as provided for violations in KMC 13.05.010. Each discharge or dumping shall consti- tute a .separate violation. (Ords. 302, 382, 517, 1240) 17.30.060 Civil penalty. (a) In addition to, or as an alternative to the penal- ty aforementioned, any person violating any provisions of this chapter shall be subject to a civil penalty as provided in KMC 13.05.010. Each and every day that such violation contin- ues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. 327 t7.30.060 (b) The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. (Ords. 517, 1240) 17.30.070 Discontinuance of service. In addition to the penalties provided by law, violation of this chapter shall be sufficient cause for the Kenai Sewer Utility to discontinue sewer service to any property on which such a violation has origi- nated. Criminal conviction or other judicial action is not a prerequisite to discontinuance of service. (Ords. 302, 382, 517) 17.30.080 Intergovernmental agreements exemption. Notwithstanding any provision in this chapter to the contrary, the City may, upon approval of Council, enter into cooperative agreements with other units of government for disposal of waste products through the City of Kenai sanitary sewer system, which agreements may provide for disposal of substances which may otherwise be precluded by this chapter. (Ord. 1216) 328 17.35.010 Chapter 17.35 BEAVER CREEK GROUND WATER SYSTEM Sections: 17.35.010 Notification required. 17.35.020 Form of notification. 17.35.030 Penalty. 17.35.010 Notification required. It shall be unlawful, without prior notification to the City of Kenai, for any person or other entity, to dig, build, drive, drill or in any other manner, construct a water well or otherwise appropriate water from beneath the surface in the territory de- scribed and illustrated in Schedule A attached hereto and incorporated by reference. 17.35.020 Form of notification. Prior notice shall be given by filing a certified tree copy of the application for water rights in the form and manner prescribed by the State of Alaska, department of Natural Resources. Division of Lands, Water Resources Section, with the City Clerk, City of Kenai within seventy-two (72) hours of applica- tion to the State of Alaska for water fights. 17.35.030 Penalty. Any person or entity violating the provisions of this Article shall be subject to a civil penalty of $250 for each offense. Each and every day such offense continues shall be deemed a separate viola- tion. (Orris. 289. 301. 330, 376) 329 Schedule "A" SCHEDULE "A" (AMENDED) The boundars., line encompasses fifty-two square miles (52 mi:) of Beaver Creek Ground Water Sys- tem and is totally within the Kenai National Moose Range. The boundary., line begins on the Moose Range boundary between Section 3 I. T6N, R 10W, Section 6, T5N, R IOW. where the Moose Range boundary. west forms a comer with the Moose Range bound- ary north; thence, north, following the Moose Range westerly most boundary to a point on the north most border of Section 5, T7N, R 1 OW, where it intersects the Moose Range boundary; thence, . east along the northern border of Section 5 and 4, T7N, RIOW, approximately t~'o miles (2 miles); thence, southeast approximately two and one-half miles (2 1/2 miles) to a point of intersection at Sections 10, 11, 14, 15, T7N, R 10W; thence, south-southwest approximately 1.4 miles to a point on the south most border of Section 15, T7N, R10W, 1,200 feet west of the intersection of Sections 15, 14, 23, 22, T7N, R10W; thence, 300 feet south where the boundary tums southwest and passes through the east most border of Section 22, T7N, R10W, approximately 1,500 feet south of the intersection of Sections 15, 14, 23, 22, T7N, R10W; thence, southwest through the northeast quarter into the southwest quarter of Sec- tion 23, T7N, R IOW, to a point on the south most border of Section 23, T7N, R10W, 1,500 feet from the comer intersection of Sections 23, 24, 25, 26, T7N, R 10W; thence, northeast passing through the most easterly border of Section 23, approximately 900 feet north of the intersecting comer of Sections 23, 24, 25, 26, T7N, R IOW; thence, bisecting the most southerly border of Section 24, T7N, R I0W; passing through the northeast quadrant of Section 25, T7N, R10W, to intersect the most westerly border of Section 30, T7N, R9W, approximately 300 feet south of the comer intersection of Sections 24 and 25, T7N, R10W, Sections 19 and 30, T7N, R9W; thence, approximately 4,500 feet due east into Section 30, T7N. R9W; thence, due south bisecting the south most border of Section 30, T7N, R9W and passing into Section 31, T7N, R9W for approxi- mately 900 feet due south; thence, southeast, inter- secting the most westerly border of Section 32. T7N, R9W and proceeding east approximately 900 feet where it tums south-southwest and intersects the most southerly border of Section 32. T7N. R9W, approximately 300 feet east of the comer intersec- tion of Sections 31, 32, T7N, R9W. and Sections 5 and 6. T6N, R9W; thence, due south through the northwest quarter of Section 5, T6N, R9W approxi- mately 1,500 feet; thence, turning southwest, inter- secting the most easterly border of Section 6, T6N. R9W, at a point approximately 2,000 feet south from the comer intersection of Sections 5 and 6, T6N, R9W and Sections 31 and 32, T7N, R9W; thence, through the southeast quadrant of Section 6, T6N, R9W, due southwest 2,100 feet: then. due south 900 feet; thence, southwest to intersect the most northerly border of Section 7, T6N. R9W, approximately 500 feet west of the comer intersec- tion of Sections 5, 6, 7 and 8, T6N, R9W; thence, due south to the first major basin boundary approxi- mately 500 feet west of the most westerly border of Section 8, T6N, Rgw; thence, northwest to intersect the most westerly border of Section 7, T6N. R9W; passing straight northwest to intersect the most northerly border of Section 1, T6N, R1 OW, approxi- mately 900 feet from the comer intersection of Sections 6 and 7. T6N, R9W, and Sections I and 12, T6N, R10W; thence, northwest intersecting the most easterly border of Section 1, T6N, R IOW, approximately 2,100 feet north of comer intersection of Sections 1, 2, 11 and 12, T6N, R10W' thence, west-southwest, intersecting the comer intersection of Sections 2, 3, I0, 9, T6N, R10W' thence, approx- imately 3,900 feet following the south most border of Section 3, T6N, R 10W; thence, due south-south- west intersecting the most easterly border of Section 10, T6N, R10W, approximately 1,200 feet north of comer intersection of Sections 9, 10, 15 and 16, T6N, R10W; thence, south-southwest intersecting the most southerly border of Section 21, T6N, R IOW, approximately 1,800 feet west of the most easterly border of Section 21, T6N, R9W' passing through the northwest quadrant of Section 28. T6N, 330 Schedule "A" R IOW, intersecting the most westerly border of Section 28, T6N, R10W, .approximately 1,500 feet south of intersecting comer. Sections 20, 21, 28 and 29, T6N, R 10W; thence, 1.14 miles due west inter- sectmg the most easterly border of Section 30, T6N, R IOW, approximately 2,000 feet south of intersect- ing comer of Sections 19, 20. 29 and 30, T6N, R 10W; thence, due south, intersecting the Moose Range boundary approximately one and one-half miles (1½ miles) east from intersecting comer of Sections 28, 29, 32 and 33, T6N, RIOW; thence, west to the point of beginning. 331 Beaver Creek Ground Water System /' / i° . 0 ."t I · 332 REGS AND RA ES AS I'r is NOW PUBLIC UTILITY REGULATIONS AND RATES TABLE OF CONTENTS PAGE Regulations .............................................................................................................................. APX-7 Application for Service ........................................................................................................... APX-7 Water and Sewer Connections and Extensions .................................................................... APX-7 Deposits for Service ................................................................................................................. APX-7 Hydrants .................................................................................................................................. APX-7 Common Connections .................................................................................................... ' ........ APX-7 Location of Key Box ................................................................................................................ APX-7 Sewer Service Clean-Out ........................................................................................................ APX-8 Rental Properties ..................................................................................................................... APX-8 Rates ......................................................................................................................................... APX-8 SCHEDULE A-General domestic service rates (non-metered) ........................................ ,APX-8 SCIq'EDULE B-Commercial service (non-metered) ........................................................... APX-9 SCHEDULE C-Industrial service (non-metered) .............................................................. APX-10.1 SCHEDULE D-Fire protection service ................................................................................ APX-10.1 SCHEDULE E-Metered service ........................................................................................... APX-10.1 SCItEDULE F-Temporary miscellaneous water service ................................................... APX-10.2 SCHEDULE G-Water service for building construction ................................................... APX-10.2 SCHEDULE H-Permit fees ................................................................................................... APX-10.2 APX - 5 (s84.--7/26/04) CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RATES A. Regulations The tbllowing regulations of the City. of Kenai. pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai CiD' Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: 1. Application for Service: It shall be the responsibility of the property owner to apply for utility service or discontinuance of service by signing a service order at the City Administration Buildinz. Kenai. Alaska. 2. Water and Sewer Connections and Extensions: a. The property owner or his contractor may apply for a water and sewer permit for a connection and/or extension of service lines. The entire cost of water or sewer service connection and extension will be borne by the property owner. b. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected fi'om the City system and their use discontinued. c. All water turn-ons and mm-offs and the operations of the key box at the property line shall be made by City personnel only. A fee of ten dollars ($10.00) will be levied on requests for mm- on and turn-off(after initial mm-on) during normal duty hours. A fee of twenty dollars ($20.00) will be levied on requests for mm-on during per/ods other than normal duty hours, and whenever such action is required due to delinquent account. d. All customers shall be required to provide a separate valve, if it does not exist, inside a building being served. The valve shall be located on the service entering the building ahead of any branch lines where it is readily accessible in event of emergency. e. Each and every building served by the water utility shall have a separate outside shut-off. AP)[- In the event it is impossible to get a separate outside shut-offwithin the public right-ox:way, the property, owner shall provide the shut-off within private property and execute, in favor of the City., an easement providing access for the City. personnel to the key box. In the event that a functional shut-offvalve cannot be located by City personnel, the City may install a shut-offvalve and charge the property owner for related labor, equipment, and material costs. 3. Deposits for Service: For domestic and commercial customers, a deposit is required of fifty dollars ($50.00) for water service and fifty dollars o ($50.00) for sewer service. These deposits may be refunded upon request after two years of timely payment history. (Res. 2004-18) 4. Hydrants: The use'of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. A deposit of one hundred fifty dollars ($150.00) is required to assure careful use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non- refundable, is thirty dollars ($30.00) per day. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the rate schedules. Failure to obtain ~witten authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to penalty provisions of KMC 13.05 and KMC 17.20.050. (Res. 92-13, 5/19/92) 5. Common Connections: There shall be no common connections for use by several properties or families. No connection will be permitted across property lines unless assessments or lump sum payment has been paid. 6. Location of Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire on the water service connection. The standard key box marker shall be a 4" x 4" wood post, four feet in height, painted white with black top and the (S84--7/26/04) word "water" stenciled in black letters no smaiier than two inches high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessity. 7. Sewer Service Clean-Out: No person shall install a sewer extension to a building without placing in the line near the building and at every, change of direction of the sewer line, a sewer line clean-out of four inch minimum diameter. The property owner shall mark or be familiar with the location of such clean-outs. 8. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. B. RATES The charges to users of water and sewer systems within the City of Kenai are as follows: SCHEDULE A---GENERAL DOMESTIC SERVICE RATES (NON-METERED) Per 51onth Water Sewer One or two-family residence, per family unit $12.54 $36.03 Single or double unit apartment, per family unit 12.54 36.03 Apartment, three or more units under one roof. per family unit--single bill assumed by owner. Separate billing 9.44 27.09 12.54 36.03 Trailers, one or two on single lot or court (each). 12.54 36.03 Trailers, three or more on lot or court, per trailer unit: Single billing Separate billing 9.44 27.09 12.54 36.03 Boarding houses, per available room 3.33 9.72 Minimum Charge: Each month's minimum charge is one full month's service, without proration. The minimum monthly charge is applicable to each service location, whether or not the location is occupied. Special Conditions: The above schedule is restricted to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. APX- 8 (S84---7/26/04) '2. SCHEDULE B--COMblERCIAL SERVICE (NON-METERED) , Per Month Water Sewer Demand Charge: (Applicable to individual customers where water cormection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service 1.25 inch service 1.50 inch service 2.00 inch serVice 3.00 inch service Larger than 3.00 inch service $12.71 $36.38 19.36 53.94 32.07 91.57 48.40 136.73 72.60 206.98 108.90 311.10 Use Charge: Bakery 36.91 105.37 Bath House, mb or shower, each 8.47 23.83 Bottling Works, per bottling machine 291.61 835.43 Bowling Alleys, Amusement Parks 35.09 100.98 Cleaners and commercial laundnes, per facility. Dairies--Installation of water meter required. Day Care Center or Preschool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity. Doctors' and dentists' offices, per room or chair (Psychiatrists and Optomemsts, apply office rate). Garage, service stations Additional charge for recreational vehicle dump stations (May through September only) Hangar, airplane repair: with washing facilities Hospitals, per bed Hotels. room motels, resorts, per Per l~Ionth Water Sewer 101.04 288.51 .5 1 1.44 7.57 21.64 15.13 43.90 17.55 50.18 15.13 43.59 17.53 50.18 9.99 28.85 7.87 22.27 Car Lot, with car wash facilities Car wash, automatic, per facility 17.55 50.18 157.30 499.08 Laundi'y, self-service, per machine Markets, meat 14.22 40.45 19.36 55.19 Car wash, self-service, per stall Churches, lodges, clubs, banquet rooms (no bar or restaurant facilities), per seat 23.60 67.11 .13 Office buildings where single bill is assumed by owner, per business .38 Office, in multiple office building where individual tenants are billed, per business APX - 9 16.94 47.67 19.36 55.19 (S84---7/26/04) Restaurants. cafes, lunch counters, fountains, taverns and bars (with kitchens) for each seat {Note 2) 1.09 3.20 Shops, beau,ty, per station or chair Shops, miscellaneous (including barber shops), per shop 8.78 25.09 8.78 25.09 t~ublic office building, per restroom Recreation facility, per restroom, sauna or shower, etc. Recreational vehicle/camper park, per parking space (demand charge only from October through April) Schools, per seating capacity 4.36 8.47 8.47 .51 12.54 24.15 24.15 Sleeping room, per room (without /hcilities for housekeeping) Studios, photo or photo lab Supermarkets (grocery stores) Theaters: Indoor, per seat Outdoor, per stall Taverns. lounges, bars (without kitchens), per seat 3.33 9.72 41.45 119.17 99.53 284.75 .03 .09 .07 .17 1.03 3.01 Shopping centers (depends on stores included in shopping center, Note 1) 8.78 25.09 X-ray or laboratory office 24.81 70.87 Note 1' Additional for other facilities such as restaurant, beverage dispensary, etc., are at the applicable use charge for each facility. Note 2: When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. Cesspool Pumper Charge: The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be ten dollars ($10.00) per one hundred gallons. The gallons delivered shall be as estimated by the sewer treatment plant operator. Minimum Charge: Each month's minimum charge is one full month's service, without proration. The minimum monthly charge is applicable to each service location, whether or not the location is occupied. Special Condition: Where more than one customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive fight to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. APX - 10 (S84--7/26/04) 3. SCHEDULE C--INDUSTRIAL SERVICE (NON-METERED) Per Month Water Sewer Concrete mixing plant 159.72 457.86 Concrete products 79.86 228.30 Confectioner 53.24 151.78 Greenhouse, commercial 53.24 151.78 Ice cream plant 79.86 228.30 Cold storage plant or lockers 37.51 106.62 (d) At the option of the City, spnnkler serxqce may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains. unless approved by the City. (f) In times of emergency, the right is reserved by the City to mm off any fire hydrant and/or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross-connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E--METER~D SERVICE Demand Charge:' Note: Schedule B Demand Charge also applies to Schedule C Services. Minimum Charge: Each month's minimum charge is one full month's service, without proration. The minimum monthly charge is applicable to each service location, whether or not the location is occupied. 4. SCHlr~DULE D-FIRE PROTECTION SERVICE For automatic sprinkler system: NO CHARGE Special Conditions: (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, spnnklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. (e) All connections between the City's main and privately owned facilities will be made at the expense of the customer. APX- 10.1 Per Month Water SeWer General usage, per thousand gallons of water $1.21 $3.57 Hydrant use and other use, per 1000 gallons of water (Res. 92-13, 5/19/92) 1.82 Minimum Charge Per Month: All usage, 15,000 gallons of water. The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. Meter repair as necessary, shall be made by the City with costs billed to the owner. (s84--7/26/04) O. SCHEDULE F--TEMPORARY MISCELLANEOUS WATER SERVICE (Repealed) 7. SCHEDULE G-WATER SERVICE FOR BUILDING CONSTRUCTION One Time Service Charge: For ground floor area of 2,000 sq. ft. or less $12.00 For each additional 1.000 sq. ft (or portion thereof) $ 6.00 8. SCHEDULE H-PERMIT FEES One time charge. ao Water $100.00 Sewer $I00.00 The permit fees set herein are to reimburse the City for the cost of inspecting connections. Adopted by City Manager on May 5, 2004 (v/a Resolution No. 2004-I 8) to become effective on June 15, 2004. Approved by City Council on May 5, 2004. APX - 10.2 (S84--7/26/04) CODE AS IT IS NOW Title 17 PUBLIC UTILITIES AND ENTERPRISES Chapters- 17.05 17.10 17.15 17.20 17.25 17.30 17.35 Water System Sewer System Private Sewer Systems Connection to Public Water System Penalty for Late Payment Prohibited Discharge of Certain Substances into Sanitary System Beaver Creek Ground Water System 315