SUNNY MEADOWS MISSOULA COUNTY WATER AND SEWER DISTRICT
ORDINANCE NO. 3-2006
AN ORDINANCE ESTABLISHING the rules and regulations governing SEWER use FOR THE SUNNY MEADOWS MISSOULA COUNTY WATER AND SEWER DISTRICT:
BE IT ORDAINED BY THE BOARD OF DIRECTORS:
ARTICLE I
General
SECTION 1.It is determined and declared to be necessary to provide a set of rules and regulations governing the use of sewer for the Sunny Meadows Missoula County Water and Sewer District. These rules and regulations are necessary to ensure the health and safety of all of the users of the District’s water and sewer systems.
SECTION 2.All new connections and modifications of existing connections to the sewer system will be made under the direction and supervision of the District’s Water Systems Operator, and constructed in accordance with this ordinance.
SECTION 3.The District will maintain all necessary piping and facilities in that portion of the service up to and including the property line at the property to be served. The owner of the property to be served is responsible for maintaining the portions of the service from the property boundary to the premises.
SECTION 4.Sewer service may be refused or discontinued by the District for any violation of any rule, ordinance, regulation or condition of service, and especially for any of the following reasons:
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Non-payment of bills.
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Introductions of potential health hazards due to improper or imperfect service pipes and/or fixtures, or failure to keep same in suitable state of repair.
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Any connection with a potential for introducing contamination to the water system. The District reserves the right to determine whether any particular connection has this potential.
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Introducing any non-common household waste into the sewer system, especially any item which potentially impacts the ability of the system to serve the premises connected to it. The District reserves the sole right to determine whether a contaminant has this potential.
ARTICLE II
Health and Safety Requirements
SECTION 1.The Sunny Meadows Missoula County Water and Sewer District may cause inspections to be made of all properties served by the community septic system. The frequency of inspections and re-inspections shall be based on the potential public health hazard involved and shall be as established by the District and its Water System Operator.
SECTION 2.A representative of the District shall have the right to request access at any reasonable time into or upon any property served by the community septic system of the District in order to inspect connections. On request, the owner, lessee, or occupant of any property shall furnish to the inspector any pertinent information regarding the connections, piping systems, water systems, and hazards on such property. It shall be assumed that a potential health and safety hazard is present if access or requested information are refused.
SECTION 3.The Sunny Meadows Missoula County Water and Sewer District, and its representatives, are hereby authorized and directed to discontinue sewer service to any property where a potential health and safety hazard is present, and to take such other measures as are deemed necessary to eliminate any danger of contamination of the public water system.
SECTION 4.No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb the community septic system or appurtenances thereof without first obtaining a written permit from the District.
ARTICLE III
Billing Process
SECTION 1.Bills and notices pertaining to the conduct of the business of the District will be mailed to the customer at the address listed on their Sewer User Agreement, unless a written change of address notice has been filed with the District. The District shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused for nonpayment of a bill or from any performance required in said notice.
SECTION 2.Bills for service are due and payable at the business address of the District on their date of issue. The business address of the District is Sunny Meadows Missoula County Water and Sewer District, P.O. Box 9125, Missoula, MT, 59807.
ARTICLE IV
Customer Service Process
SECTION 1.The District shall make all reasonable efforts to eliminate interruption of service, and when such interruptions occur will endeavor to re-establish service with the shortest possible delay. Whenever service is interrupted for the purpose of working on the water or sewer systems, all consumers affected by such interruption will be notified in advance whenever it is possible to do so.
ARTICLE V
Service Discontinuation Process
SECTION 1.Any customer desiring to discontinue service to his premises for any reason must give notice of discontinuance in writing at the District’s business address. Otherwise, the customer will remain liable for all service rendered until said notice is received and approved by the District.
SECTION 2.When the sewer connection to a customer has been discontinued for non-payment of bills or for other violation of the water or sewer use and rate ordinances, or District regulations, the customer will be subject to charges as outlined in the water rate ordinance (see Article II, Section 8 of Ordinance #2-2006). No customer will be reconnected until after all delinquent and other charges owed by the customer to the District have been paid.
Article Vi
Protection from Damage
SECTION 1.The District shall in no event be held responsible for claim made against it by reason of the breaking of any mains or service pipe, or by reason of any other interruption of sewer service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption of service which in the opinion of the District may be deemed necessary.
SECTION 2.If any loss or damage to the property of the District or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of a customer, member of his household, his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the District and any liability otherwise resulting shall be that of the customer.
Article vii
Powers and Authority
SECTION 1.Sewer service furnished by the District may be used for domestic sewage disposal only. The customer shall not allow any non-biodegradable products to be introduced to the system. Non-biodegradable products include, but are not limited to : sanitary napkins, tampons, disposable diapers, condoms, solvents, oils, paints, thinners, disinfectants, pesticides, poisons, etc. Cleaning products marked “safe for septic use” are acceptable for use with our system.
SECTION 2.Each customer shall grant or convey, or shall cause to be granted or conveyed to the District a permanent easement and right-of-way across any property owned or controlled by the customer wherever said easement or right-of-way is necessary for District facilities and lines, so as to be able to furnish service to the customer.
SECTION 3.The District may construct extensions to its sewer lines to points within its service area but the District shall not be required to make such installations unless the customer pays to the District the entire cost of the installation, plus any costs associated with upgrading system capacity to meet increased demand
SECTION 4.The District may refuse service to persons, not presently customers, when in the opinion of the District the capacity of the facilities will not permit such services.
Article VIII
Ordinance in Force
SECTION 1.This ordinance shall take effect and be in force on December 1, 2006.
FIRST READING: August 3rd, 2006
SECOND READING: October 5th, 2006
THIRD READING: November 2nd, 2006
Bill Engelstad moved to adopt Ordinance 3-2006 as read the required three times.
Mike Huber seconded the motion.
AYE: Engelstad, Huber, Lilley, Walter, Winchell
NAY:
PASSED AND APPROVED, this 2nd day of November, 2006.
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Michael Lilley, President
ATTEST:
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Cynthia Winchell, Secretary
