405 South Main, Milford, UT 84751 (435) 387-2711

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Contact Info:

405 South Main Street

P.O. Box 69

Milford, Utah  84751

Telephone Number

Office:  435 387-2711

Fax: 435 387-2748

TITLE 10
WATER RESOURCES
CHAPTERs:
10.01 Water Resources
10.02 Service Outside Municipality
10.03 Drinking Water Source Protection
10.04 Control of Backflow and Cross Connection

CHAPTER 10.01
Water Resources
SECTIONs:
10.01.010 Water Department and System
10.01.020 Superintendent
10.01.030 Application for Water Connection
10.01.040 Application for Water Connection by Subdivider
10.01.050 Application for Water Service
10.01.060 Non-Owner Applicants - Agreement of the Owner
10.01.070 Rates and Connection Fees
10.01.080 Special Rates
10.01.090 Board of Equalization, Rates and Rebates
10.01.100 Use Without Payment Prohibited
10.01.110 Delinquency - Discontinuance of Service
10.01.120 Turning On Water After Being Turned Off Prohibited
10.01.130 Separate Connections
10.01.140 Unauthorized Users
10.01.150 Period for Visitors
10.01.160 Pipes to be Kept in Good Order
10.01.170 Quality of Service Pipe
10.01.180 Faulty Equipment
10.01.190 Sprinkling Vehicles and Bulk Water
10.01.200 Department to Have Free Access
10.01.210 Nonliability for Damages
10.01.220 Water Not Supplied for Motors, Siphons, Etc.
10.01.230 Sprinklers
10.01.240 Scarcity of Water
10.01.250 Waste of Water
10.01.260 Water Meters
10.01.270 Permits for Installation
10.01.280 Applications for Installation Permit
10.01.290 Moving or Replacement of Water Lines
10.01.300 When Permits Shall Not Be Issued
10.01.310 Discontinuance of Service
10.01.320 Fire Hydrants
10.01.321 Fire Hydrants on Private Water Lines
10.01.322 Waiver Procedure for Metering Fire Hydrants on Private Water Lines
10.01.323 Fine for Unmetered Water Use
10.01.330 Extension of Water Mains Within the Municipality
10.01.331 Connection to Water Transmission System Prohibited
10.01.340 Cost of Extension Determined
10.01.350 Amount of Cost to be Deposited with Recorder
10.01.360 Return of Money - Forfeiture
10.01.370 Ownership of Extension

10.01.380 ServLine Leak Protection Program

SECTION 10.01.010 Water Department and System
The Water Department of the municipality is hereby created. It shall administer the operation and maintenance of the water system of the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.020 Superintendent
There is hereby created the position of superintendent of the water department.
1. Duties of the Superintendent. The superintendent of the water system shall manage and supervise the municipal water system pursuant to the provisions of this part and pursuant to resolutions, rules and regulations adopted by the governing body from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the City Manager relating to the water system. All of the functions and activities of the superintendent shall be carried on under the direction of the City Manager.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.030 Application for Water Connection
Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the municipal water system, shall file with the water department for each such connection a written and signed connection application (Form Number 43).
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.040 Application for Water Connection by Subdivider
Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement Application for Water Connection (Form Number 43) which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.050 Application for Water Service
Any person, who desires or is required to secure water service when such service is available from the municipal water system, shall file with the Water Department a written application and agreement for the service (Form Number 35). A security deposit equal to two months minimum billing will be required for all new applicants or individuals with a history of delinquent utility accounts. It is agreed by the applicant that the deposit is not considered as the prepayment of any bill. Unpaid accounts will be considered delinquent notwithstanding the existence of a security deposit. The City may apply the amount of the security deposit to the applicant's final billing. Accounts bearing twelve consecutive months of no penalties applied will receive refund of the full amount of the security deposit.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.060 Non-Owner Applicants - Agreement of the Owner
Applications for water service made by the tenant of an owner must in addition to the above requirements be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent (Form Number 36). Irrespective of the occupant, user, tenant, co-tenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises according to the records of the Beaver County Recorder shall be legally responsible for the payment of all charges, fees assessments and any other payment of all charges, fees, assessments and any other obligation or liability of a user. If any delinquent water connection, water user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by Milford City as an obligation of the owner of the real property on which any use is made from a water connection. Water service to delinquent property shall be turned off by the City for failure to pay any and all water fees, assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the City for water service are paid in full.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.070 Rates and Connection Fees
The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee and other charges incidental to connection and services from the municipal water system shall be fixed from time to time by resolution enacted by the governing body. The governing body may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.080 Special Rates
The governing body may, from time to time, fix by agreement or resolution, special rates and conditions for users of exceptionally large amounts of water and services or making use of the water system under exceptional circumstances, including such terms and conditions as they deem proper. Special reduced rates can be assessed to low income or special hardship residents on a case-by-case basis. Application for Reduced Rates (Form Number 55) can be submitted for review and approval by the City Manager by each resident wishing exemption from full rate charges. Low income will be determined from the poverty guidelines set by the United States Department of Health and Human Services. Reduced rates will be subject to re-application and review on a yearly basis and presented to the governing body for approval.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005; Ord. Ordinance 5-2004 Special Water Rates, Amended, 09/07/2004; Ord. Ordinance 2-2001, Amended, 01/18/2001)

SECTION 10.01.090 Board of Equalization, Rates and Rebates
The governing body is hereby constituted a Board of Equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust. They may, if they see fit, rebate all or any part of the water bill of any indigent person.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.100 Use Without Payment Prohibited
It shall be unlawful for any person by himself, family, servants, or agents to utilize the municipal water or sewer system without paying therefore, as herein provided or, without authority, to open any fire hydrant, stop-*****, valve, or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement, or resolution. It shall be unlawful to injure, deface, or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.110 Delinquency - Discontinuance of Service
The Recorder/Clerk or Water Supervisor shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular interval as the governing body shall direct.
1. The statement shall specify the amount of the bill for the service and the place of payment and date due. If any person fails to pay the charges within 30 days of the date due, the Recorder/Clerk or Water Supervisor shall give the customer notice in writing of intent to discontinue the service to the customer unless the customer pays the bill in full within five days from the date of notice. Customers requesting an extension for payment of delinquent charges must sign a deferred payment agreement acceptable to the municipality. Such deferred payment agreement must be made in the City Office by the deadline set forth in the delinquency statement. Breach of a deferred payment agreement shall be grounds for immediate disconnect of water services.
2. If the water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all outstanding service charges must be paid to the municipality or arrangements made for such payment in a manner satisfactory to the Recorder/Clerk. In the event water is turned off for nonpayment of charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all outstanding charges, such extra charge for turning the water on and off as the governing body may establish by resolution. Until such a resolution has been adopted, there shall be added an extra charge of $25.00 for turning on the water. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills. The Recorder/Clerk is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.120 Turning On Water After Being Turned Off Prohibited
It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the superintendent or Recorder/Clerk.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.130 Separate Connections
It shall be unlawful for two or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the governing body and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of supply of water through the service connection until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the municipality for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the municipality to require separate pipes, connections, or meters at a subsequent time.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.140 Unauthorized Users
It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.150 Period for Visitors
Individuals visiting the premises of an authorized user in a recreational vehicle not including a mobile home and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed 30 (thirty) days. Continued use thereafter shall be deemed unauthorized and violative of the provisions of this part relating to separate connections and unauthorized use. Visiting the premises as used in this part shall have the following meaning:
1. A premise that includes a fully constructed home with inhabitants during the period the home is visited.
(Ord. Ordinance 4-2008 Period for Visitors, Amended, 03/19/2008; Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.160 Pipes to be Kept in Good Order
1. All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person except under the direction of the water superintendent shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.
2. If the property owner requests and, upon the approval of the City Foreman, water meters may be allowed within the sidewalk or other cement surface. However, if it is necessary to dig into the cement or sidewalk for the purpose of maintaining the water meter, the property owner will be responsible for restoring the sidewalk or cement in accordance with Section 9.36.060 of the Milford City Code of Revised Ordinances.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.170 Quality of Service Pipe
1. All service and other pipe used in conjunction with the water services of the municipality shall be of such material, quality, and specifications as the governing body may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefore from the Recorder/clerk.
2. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.180 Faulty Equipment
It shall be unlawful for any water user to:
1. Waste water.
2. Allow it to be wasted by stops, taps, valves, leaky joints or pipes or to allow tanks or watering troughs to leak or overflow.
3. Wastefully run water from hydrants, faucets, or stops or through basins, water closets, urinals sinks or other apparatus.
4. Use the water for purposes other than for those, which he has applied, or to use water in violation of the rules and regulations for controlling the water supply.
5. The Water Department reserves the right to determine account adjustments for overages due to faulty equipment when the municipality has taken efforts to notify the property owner of such faulty equipment.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.190 Sprinkling Vehicles and Bulk Water
Vehicles for sprinkling and bulk water shall be regulated and controlled by the superintendent of the Water Department. A Bulk Water Permit and Daily Load Log (Form Number 53) will be issued by the Milford City Office and a Bulk Water Daily Log (Form Number 54) will be kept daily. Water shall be metered by a meter or controlled by the size of the tank to be filled. If the meter is supplied by the municipality, a security deposit of $1,000.00 shall be held until the meter is returned in good working condition. Any vehicle and/or equipment used for sprinkling and bulk water will comply with Chapter 10.04 Control of Backflow and Cross Connection and shall be inspected by the Water Supervisor. Fees for bulk water whether metered or controlled by the size of the tank will be set by resolution.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.200 Department to Have Free Access
The water superintendent and his agents shall at all ordinary hours have free access to any place supplied with water services from municipal system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.210 Nonliability for Damages
The municipality shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity or water, accidents to the water system or it’s mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the municipality beyond that provided in the Governmental Immunity Act.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.220 Water Not Supplied for Motors, Siphons, Etc.
No water shall be supplied from the pipes of the municipal water system for the purpose of driving motor, siphon, turbine, or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the governing body.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.230 Sprinklers
1. It shall be unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the governing body materially affect the pressure or supply of water in the municipal water system or any part thereof, and the governing body may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.
2. The governing body shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this part.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.240 Scarcity of Water
In time of scarcity of water, whenever it shall in the judgment of the Mayor and the governing body be necessary, the Mayor shall by proclamation limit the use of water to such extent as may be necessary. It shall be unlawful for any person, his family, servants or agents, to violate any proclamation made by the Mayor in pursuance of this part.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.250 Waste of Water
1. Users of water from the municipal water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or of any of the officers of the municipality, a user of municipal water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the governing body.
2. The governing body may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five days prior to the meeting of the governing body at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges, which lead to the consideration of the termination.
3. A water user who’s right to utilize municipal water is being reviewed shall have opportunity to appear with or without counsel and present his reasons why his water service should not be discontinued.
4. After due hearing, the governing body may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, it shall notify him of the decision and of the period during which the service will remain discontinued.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.260 Water Meters
1. The city council by order requires that all structures, dwelling units, establishments and person using water from the municipal water system have such number of water meters connected to their water system as are necessary in the judgment of the superintendent to adequately measure use and determine water charges to the respective users.
2. Meters will be furnished by the municipality upon application for a connection, and upon payment of such connection fees and other costs as may be established by the governing body from time to time by resolution.
3. Meters shall be deemed to be and remain the property of the municipality. Whenever a dispute between superintendent and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the governing body after due notice in writing to the parties involved.
4. The superintendent shall cause meter readings to be taken regularly and shall advise the Recorder/Clerk thereof for the purpose of recording the necessary billings for water service.
5. Meters may be checked, inspected or adjusted at the discretion of the municipality, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the municipality unless special permission is given by the municipality through its representatives to the customer to do so.
6. If a customer submits a written request to the superintendent to test his water meter, the municipality, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within twelve months after the date of the last previous test, the customer may be required to pay the costs of such test. If the meter is found in such test to record from 97% to 103% of accuracy under methods of testing satisfactory to the governing body, the meter shall be deemed to accurately measure of use of water.
7. If the municipality's meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period, which is not questioned. In the event a meter is found to be recording less than 97% or more than 103% of accuracy, the municipality shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.
8. All damages or injury to the lines, meters or other materials of the municipality on or near the customer's premises caused by any act or neglect of the customer shall in the discretion of the municipality be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the municipality through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer.
9. The council may provide a higher rate for water users without a meter than for users having a meter.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.270 Permits for Installation
It shall be unlawful for any person to lay, repair, alter or connect any water line to the municipal culinary water system without first having received a construction permit from the office of the Recorder/Clerk or from the water superintendent.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.280 Applications for Installation Permit
Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the municipal water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises who shall describe the nature or the work to be done for which the application is made. The application shall be granted if the superintendent determines that:
1. The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests or persons whose property has been or may thereafter be connected to the water main.
2. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the municipality.
3. All connections, alterations or installations shall be to the line and grade designated by the water superintendent.
4. Fees for permits or for inspection services shall be of such amounts, as the governing body shall from time to time determine by resolution.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.290 Moving or Replacement of Water Lines
In the event that the municipality in its sole discretion determines that any water line of the municipality must be moved or replaced, the municipality shall bear that portion of the cost of such move or replacement, which applies to main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to his property line shall be borne by the customer.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.300 When Permits Shall Not Be Issued
Permission to connect with the municipal water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the Uniform Building and Plumbing Codes hereby adopted by Section 9.52.010 by the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.310 Discontinuance of Service
Any customer desiring to discontinue service shall notify the municipality of such fact when such service shall be discontinued. On giving such notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit will be refunded upon discontinuance of service and assessment of final billing. The customer is responsible for notifying the municipality of any forwarding address.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.320 Fire Hydrants
Water for fire hydrants will be furnished free of charge by the municipality. Installation and repairs on such hydrants shall be at the expense of the municipality and shall be made under the direction of the municipality. All customers shall grant the municipality, upon demand, a right-of-way or easement to install and maintain such hydrants on their premises if the municipality concludes that hydrants shall be so installed for the protection of the residents of the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.321 Fire Hydrants on Private Water Lines
The city council by order requires that all fire hydrants on private water lines and using water from the municipal water system have such number of water meters connected to their fire protection system as are necessary in the judgment of the superintendent to adequately measure use and determine water charges to the respective users. Installation and repairs on such hydrants shall be at the expense of the property owner but can be made under the direction of the municipality with the cost of repairs being collected from the property owner.
(Ord. Ordinance 11-2006 Fire Hydrants, Amended, 11/08/2006)

SECTION 10.01.322 Waiver Procedure for Metering Fire Hydrants on Private Water Lines
The City Council does hereby establish procedures for the waiver of metering devices on fire hydrants on private water lines.
1. Persons who request said waiver shall address the City Council at a regular meeting.
2. A drawing showing the location of the water meters on the private property shall be presented for review by the City Council.
3. An agreement will be drafted by the Milford City Attorney to be signed by Owner/Operator and Milford City with the following provisions:
A. Owner/Operators agrees that the water line is only available for fire protection and will never be used except in reponse to a fire event.
B. Owner/Operators agree to grant access to Milford City and Beaver County Service District #2 for testing and other uses associated with operating the water system and providing fire protection.
C. Owner/Operators agree to provide Milford City with "as built" drawings of the installation.
D. Agreement shall be binding on and shall inure to the benefit of the parties to the agreement, their respective heirs, successors and assigns and shall attach to and run with the land.

(Ord. Ordinance 11-2006 Fire Hydrants, Add, 11/08/2006)

SECTION 10.01.323 Fine for Unmetered Water Use
Owner/Operator will be subject to a fine for unmetered water used for any other purpose except fire suppression. The fine will be set by the Milford City Council up to three times the fee for nonmetered water estimated to have been used with a minimum fine of $1,000.00. In addition, the Owner/Operator will then be required to install a water meter in accordance with the City specifications and at the Owner/Operator's expense.
(Ord. Ordinance 11-2006 Fire Hydrants, Add, 11/08/2006)

SECTION 10.01.330 Extension of Water Mains Within the Municipality
Any person or persons, including any sub divider, who desires to have the water mains extended within the municipality, and is willing to advance the whole expense of such extension and receive the return of an agreed portion thereof, if hereinafter provided, may make application to the governing body by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to advance the whole expense thereof, which cost shall be verified by the water superintendent. The governing body may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.331 Connection to Water Transmission System Prohibited
Any person or persons, including any sub divider, who has petitioned to have the water mains extended within the municipality or outside the municipality must submit said petition to the governing body. Connection shall be made only to the water distribution system and will require extension of the water main. Connection to the water transmission system is strictly prohibited except in the circumstance that a previous agreement has been entered into with Milford City. The governing body may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the municipality.
(Ord. Ordinance 2-2007 Water Extension, Add, 05/01/2007)

SECTION 10.01.340 Cost of Extension Determined
Upon the receipt of such petition and map and before the petition is granted, the governing body shall obtain from the water superintendent a certified statement showing the whole cost of expense of making such extension.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.350 Amount of Cost to be Deposited with Recorder
If the governing body grants the petition, the amount of the cost of making the extension, as certified by the superintendent shall be deposited with the Recorder/clerk before any work shall be done on such extension. The deposit shall be made within 30 days, or such other time, as the governing body shall indicate, after the granting thereof.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.360 Return of Money - Forfeiture
1. At the time the governing body decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
2. In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.370 Ownership of Extension
Any such extension shall be deemed the property of the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

CHAPTER 10.02
Service Outside Municipality
SECTIONs:
10.02.010 Supply of Water Service to Person Outside the Municipal Limits
10.02.020 Petition for Service
10.02.030 Extension May Be Master Metered
10.02.040 Cost of Extensions to be Determined by Water Superintendent
10.02.050 Rates and Fees for Service Outside the Municipality
SECTION 10.02.010 Supply of Water Service to Person Outside the Municipal Limits
The municipality may furnish water service from its water system to persons outside the municipality in accordance with the provision of this part. Chapter 10.01 in it's entirely will apply when water service is supplied to persons outside the municipal limits.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.02.020 Petition for Service
Any person located outside the municipal limits who desires to be supplied with water services from the municipal water system and is willing to pay in advance the whole expense of extending the water system to his property, including the cost of extending the water main beyond its present location, may make application to the governing body by petition containing:
1. A description of the proposed extension.
2. A map showing the location thereof.
3. An offer to pay the whole expense incurred by the municipality in providing such extension and to advance such expenses as shall be verified to by the water superintendent. The governing body and the person or persons seeking such extension may enter into an agreement providing in detail the terms under which the extension may be utilized by others in the future and the terms under which all or any portion of the cost of installing such extension may be refunded.
4. An acknowledgment that the municipality in granting the petition need supply only such water to the petitioner which from time to time the governing body deems beyond the requirements of water users within the municipal limits, and that such extension shall be the property of and subject to the control of the municipality.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.02.030 Extension May Be Master Metered
When an extension supplying more that one house or user outside the municipal limits is connected to municipal water mains, the water superintendent may require a master meter to be installed near the point where the connection is to be made to the municipal main. This installation will be at the expense of the person served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.02.040 Cost of Extensions to be Determined by Water Superintendent
Upon receipt of such petition and map and before the petition is granted, the governing body shall determine what portion, if any, of the extension of the municipal water mains to the municipal limits the municipality shall construct, and shall obtain from the water superintendent a verified statement showing the whole cost and expense of making such extension. Such costs and expenses shall include administrative and supervisory expenditures of the municipal water department, which shall in no event be deemed to be less than ten percent of the cost of materials and labor.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.02.050 Rates and Fees for Service Outside the Municipality
The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee and other charges incidental to connection and services from the municipal water system outside the municipal limits shall be fixed from time to time by resolution enacted by the governing body. The governing body may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.
(Ord. Ordinance 12-2005 Water Resources, Add, 10/19/2005)

CHAPTER 10.03
Drinking Water Source Protection
SECTIONs:
10.03.010 Short Title and Purpose
10.03.020 Definitions
10.03.030 Establishment of Drinking Water Source Protection Zones
10.03.040 Permitted Uses
10.03.050 Prohibited Uses
10.03.060 Administration
SECTION 10.03.010 Short Title and Purpose
1. This ordinance shall be know as the “Drinking Water Source Protection Ordinance”.
2. The purpose of this ordinance is to insure the provision of a safe and sanitary drinking water supply for the City by the establishment of drinking water source protection zones surrounding the wellheads for all wells which are the supply sources for the City water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.

SECTION 10.03.020 Definitions
When used in this ordinance the following words and phrases shall have the meanings given in this Section:
1. “Design standard” means a control which is implemented by a potential contamination source to prevent discharge to the ground water. Spill protection is an example of a design standard.
2. “Land Management Strategies” means zoning and non-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, ground-water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
3. “Pollution Source” means point source discharges of contaminants to ground water or potential discharges of the liquid forms of “extremely hazardous substances” which are stored in containers in excess of “applicable threshold planning quantities” as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies, and animals feeding operations with more than ten animal units. The following clarify the definition of pollution source.
A. Animal Feeding Operations - means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
B. Animal Unit - means a unit of measurement for any animal feeding operation calculated by adding the following numbers; the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0..
C. Extremely hazardous substances - means those substances which are identified in the Sec. 302 (EHS) column of the “Title III List of Lists - Consolidated List of Chemicals Subject to Reporting Under SARA Title III,” (EPA 560/4-91-011).
4. “Potential Contamination Source” means any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.
5. “Regulatory Agency” means any governmental agency with jurisdiction over hazardous waste as defined herein.
6. “Sanitary Landfill” - means a disposal site where solid waste, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
7. “Septic Tank/Drain Field Systems” means a system which is comprised of a septic tank and a drain field which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drain field system discharges cannot be controlled with design standards.
8. “Wellhead” means the upper terminal of a well, including adapters, ports, seals, valves and other attachments.

SECTION 10.03.030 Establishment of Drinking Water Source Protection Zones
There is hereby established use district to be known as zones one, two, three and four of the drinking water source protection area, identified and described as follows:
1. Zone One is the area within a 100 foot radius from the wellhead.
2. Zone Two is the area within a 250 day ground water time of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the groundwater source, or the ground water divide, whichever is closer.
3. Zone Three (waiver criteria zone) is the area within three year ground water time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer.
4. Zone Four is the area within a fifteen year ground water time of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer.

SECTION 10.03.040 Permitted Uses
The following uses shall be permitted within drinking water protection zones:
1. Any used permitted within existing agricultural, single family residential, multi-family residential, and commercial districts so long as uses conform to the rules and regulations of the regulatory agencies.
2. Any other open land use where any building located on the property is incidental and accessory to the primary open land use.

SECTION 10.03.050 Prohibited Uses
The following uses or conditions shall be and are hereby prohibited within drinking water sources protection zones, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under Section 4 of the ordinance.
1. Zone one - The location of any pollution source as defined herein.
2. Zone two - The location of a pollution source unless its contaminated source can be controlled through land management strategies.
3. Zones three and four - The location of a potential contamination source unless it can be controlled through land management strategies.

SECTION 10.03.060 Administration
The policies and procedures for administration of any source protection zone established under this ordinance, including without limitation those applicable to nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the City of Milford as the same is presently enacted or may from time to time be amended.

CHAPTER 10.04
Control of Backflow and Cross Connection
SECTIONs:
10.04.010 Purpose of Chapter
10.04.020 Responsibility
10.04.030 Consumer's Responsibility
10.04.040 Plumbing Official Responsibility
10.04.050 Certified Backflow Assembly Technicians, Surveyors or Repair Persons Responsibility
10.04.060 Definitions
10.04.070 Requirements
SECTION 10.04.010 Purpose of Chapter
1. To protect the safe drinking water supply of Milford City from the possibility of contamination or pollution by requiring compliance with state and local plumbing codes, health regulations, OSHA and other applicable industry standards for water system safety within the consumer's internal distribution system(s) or private water system(s). Compliance with these minimum safety codes will be considered reasonable vigilance for prevention of contaminants or pollutants which could backflow into the public drinking water systems: and,
2. To promote reasonable elimination or control of cross connections in the plumbing fixtures and industrial piping system(s) of the consumer, as required by state and local plumbing codes, health regulations, OSHA and other applicable industry standards to assure water system safety; and,
3. To provide for the administration of a continuing program of backflow prevention which will systematically and effectively prevent the contamination or pollution of all drinking water systems.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.04.020 Responsibility
1. Milford City shall be responsible for the protection of the drinking water distribution system from foreseeable conditions leading to the possible contamination or pollution of the drinking water system due to the backflow of contaminants or pollutants into the drinking water supply.
2. Drinking water system survey/inspections of the consumer's water distribution system(s) shall be conducted or caused to be conducted by individuals deemed qualified by and representing Milford City. Survey records shall indicate compliance with the aforementioned health and safety standards. All such records will be maintained by Milford City.
3. Milford City shall notify in writing, all consumers of the need for the periodic system survey to insure compliance with existing applicable minimum health and safety standards.
4. Selection of an approved backflow prevention assembly for containment control required at the service entrance shall be determined from the results of the system survey.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.04.030 Consumer's Responsibility
1. To comply with this ordinance as a term and condition of supply and consumer's acceptance of service is admittance of his/her awareness.
2. It shall be the responsibility of the consumer to purchase, install, test and maintain any backflow prevention device/assembly required to comply with this ordinance.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.04.040 Plumbing Official Responsibility
1. The plumbing officials responsibility to enforce the applicable sections of the plumbing code begins at the point of service (downstream or consumer side of the meter) and continues throughout the developed length of the consumer's water system.
2. The plumbing official will review all plans to ensure that unprotected cross connections are not an integral part of the consumer's water system. If a cross connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow prevention device/assembly, in accordance with the Utah Plumbing Code.
3. Water vacating the drinking water supply must do so via approved air gap or approved mechanical backflow prevention assembly, properly installed and in accordance with the Utah Plumbing Code.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.04.050 Certified Backflow Assembly Technicians, Surveyors or Repair Persons Responsibility
1. Whether employed by the consumer or a utility to survey, test, repair, or maintain backflow prevention assemblies the Certified Backflow Technicians, Surveyors or Repair Persons will have the following responsibilities:
A. Insuring acceptable testing equipment and procedures are used for testing, repairing or overhauling backflow prevention assemblies.
B. Make reports of such testing and/or repair to the consumer, water purveyor, and the Bureau of Drinking Water/Sanitation on forms approved for such use by the Bureau of Drinking Water/Sanitation, and within the time frames prescribed by the Bureau of Drinking Water/Sanitation.
2. The report shall include the list of materials or replacement parts used.
3. Insuring replacement parts are equal in quality to parts originally supplied by the manufacturer of the assembly being repaired.
4. Not changing the design, material or operational characteristics of the assembly during testing, repair or maintenance.
5. A Certified Technician shall perform all tests of the mechanical devices/assemblies and be responsible for the competence and accuracy of all tests and reports.
6. Insuring his license is current, the testing equipment being used is acceptable to the State, and is in proper operating condition.
7. Be equipped with, and be competent to use, all necessary tools, gauges, and other equipment necessary to properly test, and maintain backflow prevention assemblies.
8. The Certified Technician conducting the test must tag each double check valve, pressure vacuum breaker, reduced pressure backflow assembly and high hazard air gap, showing the serial number, date tested and by whom. The technician's license number must also be on this tag.
9. In the case of a consumer requiring a commercially available technician, any certified technician is authorized to make the test and report the results of that test to the consumer, water purveyor and the Bureau of Drinking Water/Sanitation. If such a commercially tested assembly is in need of repair, the Plumbers Law of Utah, Section 58A-2-5-(3), requires a licensed plumber make the actual repair.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.04.060 Definitions
1. Water Purveyor: The person designated to be in charge of the Water Department of Milford City, is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of this ordinance.
2. Approved Backflow Assembly: Accepted by the Utah Department of Health, Bureau of Drinking Water/Sanitation, as meeting an applicable specification or as suitable for the proposed use.
3. Auxiliary Water Supply: Any water supply on or available to the premises other than the purveyor's public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids". These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have authority for sanitary control.
4. Backflow: The reversal of the normal flow of water caused by either backpressure or back-siphonage.
5. Back-pressure: The flow of water or other liquids, mixtures, or substances under pressure into the feeding distribution pipes of a potable water supply system from any source(s) other than the intended source.
6. Back-Siphonage: The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water supply system from any source(s) other than the intended source, caused by the reduction of pressure in the potable water supply system.
7. Backflow Prevention Assembly: An assembly or means designed to prevent backflow. Specifications for backflow prevention assemblies are contained within the Utah Plumbing Code, Chapter 10, (Appendix 3), and the Cross Connection Control Program for Utah.
8. Contamination: Means a degradation of the quality of the potable water supply by sewage, industrial fluids or waste liquids, compounds or other materials.
9. Cross Connection: Any physical connection or arrangement of piping or fixtures which may allow non-potable water or industrial fluids or other material of questionable quality to come in contact with potable water inside a distribution system. This would include any temporary connections, such as swing connections, removable sections, four way plug valves, spools, dummy sections of pipe, swivel or change-over devices or sliding multiport tubes or other plumbing arrangements.
10. Cross Connection - Controlled: A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
11. Cross Connection - Containment: The installation of an approved backflow assembly at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross connections within the customer's water system; or, it shall mean the installation of an approved backflow prevention assembly on the service line leading to an supplying a portion of a customer's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of the cross connection (isolation).
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.04.070 Requirements
1. Policy: No water service connection to any premises shall be installed or maintained by the Public Water Purveyor unless the water supply is protected as required by State Laws, regulations, codes, and this chapter. Service of water to a consumer found to be in violation of this chapter shall be discontinued by the water purveyor after due process of written notification of violation and an appropriate time suspense for voluntary compliance, if:
A. A backflow prevention assembly required by this chapter for control of backflow and cross connections is not installed, tested, and maintained, or
B. If it is found that a backflow prevention assembly has been removed or by-passed, or
C. If an unprotected cross connection exists on the premises, or
D. If the periodic system survey has not been conducted.
E. Service will not be restored until such conditions or defects are corrected.
F. The customer's system(s) shall be open for inspection at all reasonable times to authorized representatives of the water purveyor to determine whether cross connections or other structural or sanitary hazards, including violation of this ordinance exist and to audit the results of the required survey (Section 1.2.2).
G. Whenever the public water purveyor deems a service connection's water usage contributes a sufficient hazard to the water supply, an approved backflow prevention assembly shall be installed on the service line of the identified consumer's water system, at or near the property line, or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.
H. The type of protective assembly required under subsection 3.1.3, shall depend upon the degree of hazard, which exists at the point of cross connection (whether direct or indirect), applicable to local and state requirements or resulting from the required survey.
I. All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved assemblies for the purposes described herein at the time of installation and which have been property maintained, shall, except for the inspection and maintenance requirement under subsection 3.1.6 be excluded from the requirements of these rules so long as the water purveyor is assured that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location or, requires more than minimum maintenance or, when the water purveyor finds that the operation or maintenance of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the local and state requirements.
J. It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified surveys/inspections, and operational tests made at least once per year at the consumer's expense. In those instances where the Public Water Purveyor deems the hazard to be great, he may require certified surveys/inspections and tests at a more frequent interval. It shall be the duty of the Public Water Purveyor to see that these tests are made according to the standards set forth by the State Department of Health, Bureau of Drinking Water/Sanitation.
K. All backflow prevention assemblies shall be tested within ten (10) working days of initial installation.
L. No backflow prevention assembly shall be installed so as to create a safety hazard. Example: Installed over electrical panel, steam pipes, boilers, pits, or above ceiling level.
M. If violations of this chapter exist or if there has not been any corrective action taken by the consumer within 10 days of the written notification of deficiencies noted within the survey, then the public water purveyor shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition(s) in conformance with the State and City statutes relating to plumbing, safe drinking water supplies and the regulations adopted pursuant thereto.
(Ord. Ordinance 12-2005 Water Resources, Amended, 10/19/2005)

SECTION 10.01.380 ServLine Leak Protection Program

Milford City hereby offers the SERVLINE Leak Protection Program to its customers. This leak protection program shall be implemented on August 1, 2016. This program automatically enrolls every Residential customer into the program at a rate of $2.00 per month.

1.  Residential customers may decline to participate in the Leak Protection Program by calling Customer Service at 866-737-6840. Any residential customer declining to participate in the program shall be documented. Any customers who are documented as declining from the program shall then be responsible for the full amount of their bill with no adjustments being made in the future by Milford City or through ServLine.

2. All requests for residential billing adjustments must be made through the ServLine Program by contacting Customer Service at the number provided. Customers who decline to participate in ServLine will not be eligible for a leak adjustment.

3. Customers who qualify for leak adjustments through the ServLine Program will be responsible to pay their average bill using a five year average for the period in which the leak occured. In the event that there is not five years worth of usage to calculate an average, a one year average will be used. If an eligible customer does not have one years worth of usage history, customer will be responsible for minimum billing rate plus an additional $25.00. ServLine will pay up to $2,500 of an excess water bill resulting from a qualifying leak. Amounts in excess of $2,500 will continue to be the responsibility of the Customer.

4. When the Milford City Water Department has made effort to notify the owner and/or tenant of a possible leak and said owner/tenant does not respond, they will not be eligible for an adjustment in any following billing periods.

5.  It is the customer's responsibility to keep his plumbing system in good working order.

6.  Milford City shall be under no obligation to extend the deadline or time for paying any bills because the customer disputes the amount of the bill or liability for the bill.

7.  Customers must present proof that a leak has been repaired prior to an adjustment being made. (i.e., copy of an invoice for materials or bill from a plumber). In the event that the leak did not require repairs (i.e., plumbing fixtures or toilet seals were replaced), Customer will be responsible for contacting Milford City Office Utility Department to request that a meter check be performed to verify normal usage on the meter.

8.  Customers shall NOT receive more than one leak adjustment during any twelve (12) month period.

9.  The City of Milford, through our ServLine Program, shall not be obligated to make any adjustments of any bills not submitted within Sixty (60) days from the billing date.

10. Adjustments on water bills will NOT be made on the following:

     a.  Residential customers who do not have their own water meter.

     b.  Commercial or Industrial Customers, Bulk Water Customers, or any Multi Family Units that are Master Metered.

     c.  Premises left or abandoned without reasonable care for the plumbing system.

     d.  Leaks on irrigation systems or irrigation lines, leaks on any water lines coming off the primary water service line, plumbing leaks in any structure other than the primary residence.

     e.  Excess water charges not directly resulting from a qualifying plumbing leak.

     f.  Filling of swimming pools or hot tubs, or leaks in swimming pools or hot tubs; and

     g.  Watering of lawns or gardens.

(Ord. 4-2016, Add, 7/20/2016)