Resolution 5742 - Amend Sewer & Water RegsRESOLUTION NO.5742
A RESOLUTION TO ADOPT CERTAIN AMENDMENTS TO THE CITY OF
KALISPELL WATER AND SANITARY SEWER UTILITY REGULATIONS
INCLUDING THE CONVERSION TO A MONTHLY BILLING CYLE AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, under the authority granted to it by the State of Montana,
owns, operates and maintains water and sanitary sewer utilities for which it adopts
and applies rules and regulations for the efficient and best use of the facilities; and
WHEREAS, it is in the best interests of the City of Kalispell and its ratepayers that from time
to time the City Department of Public Works studies and reviews such regulations
to take into account changes in technology and methodology in the management
of the utilities and to make recommendations to the City Manager and City
Council for any changes to the regulations that will improve the efficiency and
cost effectiveness of the utilities and that are consistent with Council approved
public works design standards; and
WHEREAS, the City Department of Public Works has studied and reviewed the regulations
and has made recommendations for certain amendments to the Kalispell water
and sanitary sewer utility regulations, including converting to a monthly billing
cycle beginning with the next calendar year; and
WHEREAS, notice of such recommendations were duly published and made available to the
public and a public hearing was held on November 16, 2015 at the regularly
scheduled meeting of the City Council, where written and oral comment were
received and considered by the City Council; and
WHEREAS, having fully considered all evidence presented, the Kalispell City Council finds
that it is in the best interests of the City, its ratepayers and the public utilizing the
City water and sanitary sewer facilities to adopt the recommendations presented
by the Public Works Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That the City of Kalispell Rules and Regulations of the city's water and
sanitary sewer utilities, attached hereto as Exhibit "A" and incorporated
herein fully by this reference, are hereby approved and adopted.
SECTION 2. That this Resolution No. 5742 shall become effective on January 1, 2016.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16TH DAY OF NOVEMBER, 2015.
Mark Joh on
Mayor
ATTEST:
[ Aw-
Ai ee Brunckhorst, CMC
City Clerk
RULES AND REGULATIONS
GOVERNING SEWER SERVICE
PUBLIC WORKS DEPARTMENT
CITY OF KALISPELL, MONTANA
SEPTEMBER 2015
TABLE OF CONTENTS
Purpose Rules and Regulations........................................................................................1
Definitions...........................................................................................................................1
Recordsand Reports..........................................................................................................3
Preservation of Records................................................................................................3
Filing of Rules, Regulations, and Rate Schedules........................................................3
Financial and Statistical Report....................................................................................4
CustomerInformation.......................................................................................................4
Rates.............................................................................................................................4
Rulesand Regulations..................................................................................................4
Posting..........................................................................................................................4
Usesand Charges...............................................................................................................4
FreeSewage.................................................................................................................4
TemporaryServices......................................................................................................4
No City Water But City Sanitary Sewer......................................................................5
UsageRestriction.........................................................................................................5
Annexation Required for Initiation or Continuation of Sewer Service ........................5
RateEstablishment............................................................................................................5
Application for Sewer Service...........................................................................................6
Refusal to Serve Customer................................................................................................6
Billing..................................................................................................................................7
Methodof Billing.........................................................................................................7
Billing Periods and Payment........................................................................................7
Openingand Closing Bills...........................................................................................7
BillingInformation.......................................................................................................7
Adjustmentof Bills......................................................................................................8
Errorin Billing.............................................................................................................8
DeadMeters.................................................................................................................8
Complaints..........................................................................................................................8
ServiceInterruptions.........................................................................................................9
Notification of Scheduled Interruption.........................................................................9
EmergencyInterruption................................................................................................9
Liability........................................................................................................................9
Adjustment of Rate for Interruption.............................................................................9
Discontinuance of Service..................................................................................................9
Vacationof Premises....................................................................................................9
Temporary Discontinuance........................................................................................10
Discontinuance by Sewer Department.......................................................................10
Extension of Sewer Mains...............................................................................................10
Costof Extensions......................................................................................................10
Extension Agreement or Late -Coming Customer Fee...............................................11
Standards of Installation.............................................................................................11
OversizingMains.......................................................................................................11
Additional Extensions................................................................................................11
Service Lines and Connections.......................................................................................11
MainConnections.......................................................................................................11
ServiceLines..............................................................................................................1 I
Maintenance of Service Lines....................................................................................12
Abandonmentof Service.................................................................................................12
Storm Drainage and Other Wastes Prohibited.............................................................12
Increased Concentration of Wastewater Pollutants.....................................................12
PrivateMains...................................................................................................................13
RegulationAmendments.................................................................................................13
RULES AND REGULATIONS
FOR THE
KALISPELL SEWER DEPARTMENT
Rule I Purpose of Rules and Regulations
The purpose of these rules and regulations is to set forth criteria to ensure adequate
service, prevent unfair charges to the customer, and to protect the Kalispell Sewer
Department from unreasonable demands.
The Kalispell Sewer Department is governed by the Kalispell City Council, hereinafter
referred to as the City Council, and is under the direct supervision of the Director of
Public Works. The adoption of these Rules and Regulations shall not preclude the City
Council from altering or amending them, in whole or in part, or from requiring other or
additional service, equipment, facility or standard, either upon complaint, upon its own
motion or upon application of the Director of Public Works.
These Rules and Regulations do not in any way relieve the Kalispell Sewer Department
from any of its duties under the laws of the State of Montana. The authority requiring the
Rules and Regulations is contained in Title 69, Chapter 7, Montana Code Annotated.
Rule H Definitions
The words or phrases used hereinafter shall mean as follows:
1. "City Council" means the duly elected governing body of the City of Kalispell, to
include the Mayor.
2. "Ci . Manager" means the duly appointed City Manager of the City of Kalispell or
any person authorized by him/her to perform acts in his/her behalf.
3. "City Sanitary Sewer" means the system operated by the Kalispell Sewer Department
for the collection, conveyance, and treatment of sewage.
4. "City Water" means water furnished by the Kalispell Water Department.
5. "Collection Main" means sewer pipe owned, operated and maintained by the Sewer
Department, which is used for the purposes of collecting and conveying wastewater
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and sewage, and to which service connections are attached. A pressurized main or
force main is not considered to be a collection main.
6. "Commercial Service" means any sewer usage other than solely for residential
purposes except in a residence in which the resident operates a neighborhood business
occupying less than thirty percent of the living area and which the water consumption
for the business would be insignificant. Where a single structure has a neighborhood
business exceeding the foregoing or has more than one business combined with a
residence, the sewer service shall be considered "Commercial Service". Commercial
Service includes, but is not limited to: schools, hospitals, nursing homes, churches,
hotels, motels, trailer parks, apartments, duplexes, condos, multi-plex units, and
rooming housing with two or more rooms on a rental basis are considered
Commercial services and not Residential.
7. "Customer" or "Consumer" means any individual, partnership, association, firm,
public or private corporation or government agency, or any other user receiving sewer
service. In the case of a tenant or landlord, the property owner is considered the
customer or consumer.
8. "Developer" means any person, firm, corporation, or other entity that causes
improvements to be made upon the land with said improvements requiring sewer
service.
9. "Director of Public Works" means the Director of Public Works for the City Of
Kalispell or any person authorized by him/her to perform acts in his/her behalf.
10. "Domestic Sewage" is defined as the liquid waste collected from customers,
residences, business buildings and institutions which contains organic matter
associated with products consumed by humans.
11. "Extension Agreement/Latecomer Agreement" means an agreement between the City
of Kalispell and a Developer which allows the Developer to connect onto an existing
main owned by the City, and extend water or sewer service to the property of the
Developer. The Agreement sets forth the value of the extended main and the charges
for new customer connections to the extension main which are paid to the Developer.
The said Agreement must be adopted by Resolution of the City Council and signed by
the Mayor and the Developer.
12. "Force Main" or "Pressurized Main" is a pressurized sewer pipe owned, operated, and
maintained by the Sewer Department, which is used for the purpose of conveying
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sewage from lift stations to other sewer collection mains. No private sewer taps shall
be made on city force mains.
13. "Industrial Waste" is defined as the liquid waste which has any other consistency than
"Domestic Sewage".
14. "Permittee" means any person, firm, corporation or other entity which obtains a
written permit to cause construction work to be performed in accordance with the
permit.
15. "Private Main" means any sewer pipe not owned, operated and maintained b, the
City of Kalispell to which more than one service line was originally connected.
16. "Public Service Commission" means the Montana Public Service Commission.
17. "Residential Service" means sewer usage solely for residential purposes.
18. "Service Connection" means the connection and or the tap at the collection main
which connects the customer's service pipe to the main.
19. "Service Pipe or "Service Line" means the piping from the service connection and or
tap at the main to the customer's premises.
20. "Sewer Department" means the City of Kalispell Sewer Department.
21. "Standards" shall mean the current "Standards for Design and Construction", as
adopted by the Kalispell City Council.
22. "Water Department'' means the City of Kalispell Water Department.
Rule III Records and Reports
1. Preservation of Records: All records required by these Rules shall be preserved by
the Sewer Department in accordance with the "Rules to Govern the Preservation of
Records of Public Utilities and Licensees", as prescribed by the National Association
of Regulatory Utility Commissioners (NARUC), dated April, 1972.
2. Filing of Rules, Regulations, and Rate Schedules: No rules, regulations or schedules
of rates or modification of the same, shall be effective until adopted by the City
Council.
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3. Financial and Statistical Report: The Sewer Department shall file annually a Financial
and Statistical Report upon forms to be furnished by the Public Service Commission.
This report shall be filed on or before October 31 of each year as set forth in Section
69-3-203 MCA.
Rule IV Customer Information
1. Rates: Sewer Department personnel shall explain to the customer, during the
application for service, or whenever the customer requests to do so, the Sewer
Department's rates applicable to the type of service furnished to the customer. The
Sewer Department shall supply the customer, when requested, with a copy of the Rate
Schedule.
2. Rules and Regulations: A copy of the Rules and Regulations of the Sewer
Department and any contracts and applications applicable to the Sewer Department
shall be maintained in the office for inspection by the public.
3. Posting: A suitable placard in large type shall be exhibited in a conspicuous location,
giving information to the customer that a copy of the Rules and Regulations of the
Sewer Department and the schedule of rates are kept for their inspection. The
information shall state that the Sewer Department is regulated by the Kalispell City
Council and under the direct supervision of the Director of Public Works.
Rule V Uses and Charges
1. Free Sewage: The Sewer Department shall not supply free sewer service to any
customer.
2. Temporary Services: Sewage from construction, special projects, or other short term
usage must be applied for specially and shall be for a period no longer than six
months. The usage charge shall be based on a water meter reading and the current
Rate Schedule.
In all cases, the customer must pay for all charges necessary to provide the temporary
service, including the removal of the service and water meter, if required. Temporary
sewer service, if granted, may be terminated by the City after three days prior written
notice of termination has been personally delivered or mailed to the owner's
representative's last known address. Receipt of temporary service does not in any
way entitle a customer to permanent service.
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3. No City Water But City Sanitary Sewer: Customers which are not connected to City
water, but which discharge sewage into the city sanitary sewer shall have their water
service metered. The metering shall be at the expense of the customer, including the
meter, and be compatible with the City's metering system. Kalispell Water
Department personnel shall have access to the water meter for reading purposes.
There will be no charge made for the water used, but the meter reading will be used
as a basis for a sewer service charge. The Water Department reserves the right to
check the customer's meter for accuracy. Meters which are found to be over 2% in
error, in the customer's favor, shall be replaced or repaired by Water Department
personnel, at the customer's expense.
4. Usage Restriction: The Sewer Department agrees to collect sewage from certain
specified locations for a certain specified fee. Usage shall be in accordance with the
City of Kalispell Ordinance No. 854 or its subsequent amending ordinance. If a
customer supplies sewer services to other locations without written permission from
the Director of Public Works, discharges sewage for other consistencies than those
for which the customer is paying, or discharges prohibited waste it is a violation of
the service contract. Upon discovery by the Sewer Department of a violation of
usage, the customer shall be mailed a written notice of such offense. After 30 days
from the date of mailing said written notice, the Department of Public Works may
have the service discontinued until such time as the additional services furnished have
been paid for or the violation rectified. In the case of fraudulent use or if a dangerous
condition is found to exist on the customer's premises, services may be discontinued
immediately, without advance notice. An example of a dangerous conditions is one
which could cause damage to the city sanitary sewer system or one which could
potentially allow containments to enter the city sanitary sewer system.
5. Annexation Required for Initiation or Continuation of Sewer Service: Any customer
now receiving, or hereafter initiating, sewer service supplied by the Kalispell Sewer
Department, shall be deemed to have consented to, and waived the right to protest,
annexation to the City of Kalispell, as a condition of continuing or initiating said
sewer service.
Rule VI Rate Establishment
All rates and rate adjustments shall be adopted by the City Council through the
Hearing Process as provided by law. The rates shall be in accordance with Exhibit
"A" attached.
Rule VII Application for Sewer Service
All customers desiring sewer service must make written application at the Sewer
Department office on forms provided therefore, setting forth in said application the
type of sewage to be discharged into the city sewage system. In cases where the
customer is not the owner of the premises, the customer is primarily liable for
payment for sewer service and the property owner is jointly and severally liable for
such payment. All applications for the collection of sewage from any premise must be
signed by the property owner. Any change in the identity of the contracting customer
at a premise will require a new application.
While the contracting user is a renter, leasee, or is not the property owner, an
application for sewer service shall be made in the consumer's own name and the
consumer shall be primarily liable for payment of the sewer service. In such instance,
the Sewer Department shall notify the property owner of the new service application
and place the contracting user's name and date of service application as an
endorsement on the property owner's application.
Special written applications, must be made for service other than strictly domestic
sewage.
It is the responsibility of the applicant to contact the Director of Public Works or City
authorized representative, prior to making application to be sure that there is a sewer
main adjacent to the applicant's property. If no main exists, it is the applicant's
responsibility to install a main, in accordance with City Standards, at the applicant's
expense.
All premises to be served which have not previously been served by the system will
be assessed an impact fee. Impact fees are due and must be paid before service
application may be approved.
Rule VIII Refusal to Serve Customer
The Sewer Department may decline to serve an applicant:
(1) Until the applicant has complied with these Rules and Regulations governing sewer
service, or
(2) if, in the judgment of the Director of Public Works, the applicant's installation of
piping, equipment, or appurtenances is regarded as potential health hazard or of such
character that it is considered industrial waste or,
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(3) if the applicant's system could cause damage or harmful effects to the Sewer
Departments ability to satisfactorily treat such sewage within the limitations of the
Kalispell Wastewater Treatment Plant.
In the event the Sewer Department refuses to serve an applicant under the provisions of
this rule, the Sewer Department shall inform the applicant that the applicant may submit
the question of refusal to serve to the City Council for their review and decision.
Rule IX Billing
1. Method of Billing: The billing for domestic sewage shall be based on the
comparative volume of flow, as determined by water meter readings, except that (1)
administrative charges will be assessed in accordance with the Rate Schedule , and
(2) there will be no charge for water passing through the meter which is reasonably
determined to be used for water sprinkling. The billing for industrial wastes and high
strength wastes shall be based on the water meter reading plus an increased amount,
as determined by the City of Kalispell ordinance to cover the special or increased cost
of treating said waste at the Wastewater Treatment Plant.
2. Billing Periods and Pam The charges for municipal sewer services shall be
billed at least monthly. To meet unusual conditions, such as discontinuances, the
utility may render bills for service at other than the aforementioned intervals. The
date of the month for reading any meter shall be, as close to practical, to the same
date as the preceding reading. The billing dates shall likewise be monthly, with a
date of mailing of said bill as near as practical to the date of mailing of the previous
bill. In cases of leased property, all billing shall be sent to the tenant and property
owner, unless the property owner agrees to be billed directly. Except for customers
covered by Rule V (3), the bill for sewer service will be combined with the bill for
water usage. Payment must be made for the total due for both water and sewer to
constitute full payment for either.
3. Opening and Closing ills: Opening and closing bills for sewer service will be
computed in accordance with the rate applicable to the service, by amount of water
used and the administrative charge, on a pro -rated basis of the number of days in the
period of question to the number of days in the normal billing period.
4. Billing Information: Bills shall show the water meter readings at the beginning and
the end of the period for which the bill is rendered, the date of the meter reading, the
number of gallons supplied, and the date upon which payment is overdue.
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5. Adjustment of Bills: If the customer believes the meter reading shown on the bill is
incorrect by comparing previous billings and current readings, the customer shall
notify the Sewer Department within five days of receipt of the billing in question. In
case of a dispute as to the accuracy of the meter owned by the Water Department, the
customer, upon depositing the amount set forth in the City of Kalispell Water Rate
Schedule, may request that said meter be removed and tested in accordance with the
Rules and Regulations of the Kalispell Water Department.
If the meter is not owned by the Water Department, the customer, at the customer's
expense, shall determine the accuracy of the water meter if the customer disputes the
accuracy of the meter. If the Sewer Department disputes the accuracy of said meter,
the Sewer Department, at the Sewer Department's expense, may determine the
accuracy of said meter and if said meter is found to be inaccurate over two percent in
favor of the customer, the customer shall make the necessary repairs, at the
customer's expense, to bring the meter into tolerance or replace said meter. Billing
adjustments shall be made for inaccurate meters in the same manner and in
accordance with the Rules and Regulations of the Kalispell Water Department.
6. Error in Billing: if an error in billing or meter reading has been made, the City may
recover any undercharge or must refund any over -collections for the previous six
months, as applicable.
7. Dead Meters: If a meter is found not to register for any period, the Water Department
shall compute the water used as follows:
a. For customers who have been served for over one year, the amount billed
shall be based on the same consumption use as occurred during the same
period the previous year.
b. For customers who have been served for less than one year, the amount billed
shall be based upon water used for the last billing period.
Exceptions will be made to the rule if the facts reasonably show that either method
does not give the correct consumption for the period.
Rule X Complaints
The Sewer Department shall make a full and prompt investigation of all complaints
made by its customers, and report the results thereof to the customer. If the complaint
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is not rectified to the satisfaction of the customer, the Sewer Department shall notify
the customer of the privilege to appeal to the City Manager or City Council.
Rule XI Service Interruptions
1. Notification of Scheduled Interruption: Every customer affected by an interruption in
service shall be notified in advance of all programmed work. Such notice shall be
made at least 18 hours in advance in the form of personal contact, or a notification tag
placed on the entrance way for interruptions affecting 24 or fewer customers. For
interruptions affecting a larger area than the foregoing, the notification may be in the
form of the forgoing or a notification over the electronic media at least twice prior to
18 hours before interruption.
2. Emergency Interruption: In the event of an emergency interruption, the Sewer
Department shall re-establish service as soon as possible. When emergency repairs,
such as main breaks, plugged mains, etc., becomes necessary, a concerted effort shall
be made by the Sewer Department to repair the cause without total disruption of
service, except for that period when complete shutoff may be required due to the
nature of the damage. Notification of affected customers may not be possible.
However, every effort shall be made by the Sewer Department to have an
announcement sent over the electronic media if the period of total interruption is
expected to be more than four hours.
3. Liabili : The Sewer Department shall not be liable to customers or others for failure
or interruption of service due to main breaks, routine maintenance and operations,
plugged mains, acts of God, governmental regulations, court or Public Service
Commission orders, acts of a public enemy, strikes or labor disputes, accidents,
weather conditions, acts of third parties, droughts, or, without limitation by the
forgoing, any other cause beyond the reasonable control of the Sewer Department
Personnel.
4. Adjustment of Rate for Interruption: Interruptions of service due to any of the
foregoing or for the customer's frozen facilities shall not render the City liable for any
adjustment in the bill.
Rule XII Discontinuance of Service
1. Vacation of Premises: Any customer who is about to vacate any premise supplied
with service, or for any reason, wishes to have service discontinued, shall give at least
a 24 hour notice to the Sewer Department. Notice shall specify the date on which
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discontinuance is desired. When a customer receives water service from the Kalispell
Water Department, the notice for discontinuance to the Water Department is
sufficient notice for the Sewer Department.
2. Temporary Discontinuance: Notification to the Water Department of the desire to
temporarily disconnect water service will be sufficient notice to discontinue sewer
charges.
3. Discontinuance by Sewer Department: The Sewer Department shall make a diligent
effort to induce the customer to comply with all Rules and Regulations, including
payment of bills. When payment becomes delinquent as indicated by a past due notice
on current billing, the customer shall have ten days after the billing notice to comply
by making payment. If payment is not made, the Water Department or Sewer
Department will place a notice upon the premises that water furnished by the Water
Department cannot be wasted into the Sewer Department's mains. Said notice shall
state the date when the water shall be shut off. The Water Department or Sewer
Department shall not be liable for failure of the customer to see such notice or for
disappearance of the notice from the premises. The Sewer Department shall keep
record of all notices. The Water Department or Sewer Department shall not
discontinue service for non-payment on Friday, Saturday, Sunday, a day prior to a
holiday, or if an emergency affecting health exists. A written statement from a
physician or health agency must be presented to the Sewer Department within five
days, if such claim of emergency is made.
Rule XIII Extension of Sewer Mains
I. Cost of Extensions: It shall be the responsibility of the developer or property
owner to extend and pay all costs thereof, for all main extensions from the
existing city facilities to the site of development in accordance with all City
Standards. Under certain circumstances, the Kalispell City Council may
determine that it is appropriate to approve and enter into a Developers Extension
Agreement with the developer or property owner to provide for the
reimbursement of costs associated with construction of the infrastructure which
exceeds the size or capacity of Standard requirements for the development. This
agreement sets forth the value of the extended main, the charges for new customer
connections to the extension main, and allows the developer to recover costs
associated with the extension of said utility service for Standard improvements
greater than required to serve the development. The said Agreement must be
adopted by Resolution of the City Council and signed by the Mayor and the
Developer.
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2. Extension Agreement or Late -Coming Customer Fee: If the City has become
contractually obligated to collect a latecomer fee from a customer who connects
to a main extension associated with an agreement, the City may refuse to allow
such customer to connect to the extension until the fee is paid. If such customer
fails or refuses to pay such fee when required, it shall be sufficient cause for
discontinuance of service. Customers who connect to the system after the
extension is complete and who did not share in the cost of the extension shall pay
the main extender a pro rata share of the costs as defined in the agreement.
3. Standards of Installation: All mains, appurtenances and auxiliary piping shall be
designed and installed in accordance with the City Standards.
4. Oversizing Mains: A Developers Extension Agreement may be established, upon
approval of Council, for main extensions that exceed the size and capacity as
required for the development in accordance with City Standards. However, if the
City requires the customer or developer extending the main to install a larger size
main than required by City Standards, the City shall pay the difference in cost
between the larger main required by the City, and the size of main required by
said standards.
5. Additional Extensions: The City reserves the right to further extend the mains
installed by foregoing customers. The City also reserves the right to charge future
main extenders, for their pro -rated share of the cost for the oversizing of the
City's infrastructure. Such pro -rated cost shall be based on volume of flow
contributed by the development for which the line was further extended, versus
the volume of flow of which the oversized portion of the existing main could
handle.
Rule XIV Service Lines and Connections
1. Main Connections:
The customer shall perform all necessary excavation over
and around the main, and make the service line connection to the main. The
customer shall obtain a permit from the Department of Public Works before
making said excavation and tap. All work shall be performed in accordance with
City Standards and accepted by Public Works prior to backfill.
2. Service Lines: The customer, at the customer's expense, shall install all piping
and appurtenances, from the main connection to the point of usage, and restore all
surfaces to the condition which existed before the installation. All piping,
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appurtenances, and surface restoration shall be installed and tested in accordance
with City Standards. Installation of a back water apparatus may be required upon
review by the Sewer Department. Structures containing two or more residences
under separate ownership shall have separate service lines from the main for each
residence. Structures containing two or more residences or commercial uses that
are rental units under common ownership shall have one service line for all
occupants within a single structure.
3. Maintenance of Service Lines: The customer shall maintain, at the customer's
expense, all service appurtenances, including the tap at the main, in a good
condition, free from inflow, infiltration, root intrusion, and exfiltration. Failure to
do so shall be cause for discontinuance of service. It is the customer's
responsibility to repair all deficiencies in the service line immediately.
Rule XV Abandonment of Service
When a lot or parcel is developed to a permitted use, all duplicate, excess, and/or
unused services, including stub -outs, shall be abandoned at the main at no cost to
the City. Aggregation of parcels will trigger abandonment of unused services.
Whenever a building served by sewer ceases to exist, services shall be abandoned
at the main. At the discretion of the Sewer Department, however, and depending
upon whether sewer service is anticipated to be renewed within one year,
abandonment may not be required.
Rule XVI Storm Drainage and other Wastes Prohibited
No person shall make connection of roof downspouts, exterior foundation drains,
area drains, sump pumps, or other sources of surface runoff or groundwater to a
building sewer or building drain which in turn is connected directly or indirectly
to the city sanitary sewer. No commercial services shall discharge condensate
water to the city sanitary sewer. No person shall discharge or cause to be
discharged any storm water, surface water, groundwater, roof runoff or subsurface
drainage to the city sanitary sewer. No septic sewage shall be introduced into the
city sanitary sewer system. No prohibited wastes as defined in city code and
ordinances shall be discharged into the sanitary sewer system.
Rule XVII Increased Concentration of Wastewater Pollutants
The Department of Public Works considers the average residential strength
concentrations to be 250 parts per million (PPM) Biological Oxygen Demand
(BOD), 250 PPM Total Suspended Solids (TSS), 40 PPM Total Nitrogen (TN), 7
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PPM Total Phosphorus (TP), 100 PPM Fats, Oils, and Grease (FOG). The Sewer
Department shall assess a surcharge rate for all non-residential customers
discharging concentrations of BOD, TSS, TN, TP, and FOG greater than the
average residential strength in accordance with the City Ordinance and Rate
Schedule.
Rule XVIII Private Mains
1. The City shall have no obligation to maintain, test, repair or replace private mains,
and the City shall not be liable or responsible for any damage caused by sewer
leaking from a private main.
2. All customers served by a private main are jointly and severally liable and
responsible for maintaining, testing, and repairing. All customers served by a
private main are advised to replace such line with a properly designed and
installed main.
3. If in the judgment of the Sewer Department a private main has become hazardous,
or could damage or cause harmful effects to the sewer system, to customers, or to
neighboring property owners or residents, the Sewer Department shall give
reasonable notice of the problem and the needed maintenance, testing, repair or
replacement. The Sewer Department shall allow a reasonable time for such work,
based on the severity of the condition giving rise to such notice. If the Sewer
Department determines that it is not feasible or practical to remediate the private
main, the Sewer Department shall give reasonable notice to such customers of the
need to install a new main, or connect to an existing main, in the discretion of the
Sewer Department. The Sewer Department shall allow a reasonable time for such
work, based on the severity of the condition giving rise to such notice. The Sewer
Department may, in their discretion, grant extensions of time. If any customer
fails or refuses to conduct the needed maintenance, testing, repair or replacement,
or fails or refuses to install a new main or connect to an existing main, it shall be
sufficient cause for discontinuance of service.
Rule XIX Regulation Amendments
The City Council may adopt, establish or change policies which define and
govern the action of the Sewer Department personnel on specific and special
conditions. The said policy shall not be in conflict with any of the Rules and
Regulations contained herein. The decision of the City Council to adopt, establish
or change such policies shall be made by a motion duly adopted and approved and
filed with the City Clerk.
13
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
I.5.:v
EFFECTIVE January 1, 2016
PAGE NO. 1
SCHEDULE A
RESIDENTIAL AND COMMERCIAL SERVICE
Available for: User premises located within the City Limits
Charge: $8.44 administrative cost per meter per month
Rate: $4.78 per thousand gallons/no minimum *
*Water billed per Sprinkling rate or separately metered for Sprinkling not subject to
Sewer fee.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. Out of City rate 1.25 times the in -City rate.
CITY OF KALISPELL
KALISPELL, MONTANA
I.5.:v
UTILITY SCHEDULE FOR SEWER
EFFECTIVE January 1, 2016
PAGE NO. 2
V
RESIDENTIAL AND COMMERCIAL
Available for: Users of the system NOT SERVED by the City Water Utility but within the City
limits of Kalispell
Rate: Premises discharging sewage into the system from water service originating from
other than metered City Water must install a meter, at user's expense, so as to provide
a measure of usage.
This provision covers all outside sources of water including wells and outside water
systems.
The charge for sewer services: same as Schedule A
In the case of temporary absence of metering, usage will be estimated.
At the date of the adopting of this Schedule there are wells supplying commercial and
industrial premises, these are required to be metered. Until this metering is
accomplished, the sewer discharge from those premises will be determined from the
capacity of the pump delivering the water and hours of operation of the pump. In the
case of restaurants and bars, etc., served in the same manner, sewer volume may be
determined by comparison with alike situation now metered.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. Out of City Rate 1.25 times the in -City rate.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
SCHEDULE C
I.5.:v
EFFECTIVE January 1, 2016
PAGE NO. 3
Where it has been determined that concentration of BOD (Biological Oxygen Demand) and TSS
(Total Suspended Solids) are present in sewage discharged by a Commercial or Industrial user, a
surcharge will be made as determined herein:
The Utility will consider the average Residential component of sewage to be 250 PPM
BOD and 250 PPM TSS. Surcharges will be assessed to all users discharging at
concentrations which exceed the component of residential waste as indicated above:
For each 25 PPM BOD above 250 PPM — $.24 Per Thousand Gallons
For each 25 PPM TSS above 250 PPM — $.22 Per Thousand Gallons
Special Terms and Conditions
1. Out of City rate 1.25 times the in -City rate.
RULES AND REGULATIONS
GOVERNING WATER SERVICE
PUBLIC WORKS DEPARTMENT
CITY OF KALISPELL, MONTANA
SEPTEMBER 2015
TABLE OF CONTENTS
Purpose of Rules and Regulations............................................................................................................ I
Definitions................................................................................................................................................... I
Recordsand Reports..................................................................................................................................3
Preservationof Records.........................................................................................................................3
Filing of Rules, Regulations, and Rate Schedules.................................................................................3
Financial and Statistical Report.............................................................................................................3
CustomerInformation...............................................................................................................................3
Rates.......................................................................................................................................................3
Rulesand Regulations............................................................................................................................4
Posting....................................................................................................................................................4
Usesand Charges.......................................................................................................................................4
FreeWater..............................................................................................................................................4
TemporaryServices...............................................................................................................................4
SeasonalService....................................................................................................................................4
PrivateFire Protection Line...................................................................................................................4
WaterSprinkling....................................................................................................................................5
No City Water But City Sanitary Sewer................................................................................................5
UsageRestriction...................................................................................................................................6
Turn -On or Turn-Off.............................................................................................................................6
Resaleof Water......................................................................................................................................6
Annexation Required for Initiation or Continuation of Water Service..................................................6
RateEstablishment....................................................................................................................................6
Applicationfor Water Service..................................................................................................................7
Refusalto Serve Customer........................................................................................................................7
Billing..........................................................................................................................................................8
BillingPeriods.......................................................................................................................................8
Openingand Closing Bills.....................................................................................................................8
BillingInformation................................................................................................................................8
Adjustmentof Bills................................................................................................................................8
Errorin Billing.......................................................................................................................................9
DeadMeters...........................................................................................................................................9
i
Complaints..................................................................................................................................................9
ServiceInterruptions.................................................................................................................................9
Notification of Scheduled Interruption..................................................................................................9
EmergencyInterruption.........................................................................................................................9
Liability................................................................................................................................................10
Adjustment of Rate for Interruption....................................................................................................10
Discontinuanceof Service........................................................................................................................10
Vacationof Premises...........................................................................................................................10
TemporaryDiscontinuance..................................................................................................................10
Discontinuance by Water Department.................................................................................................10
Charges for Reconnections Due to Water Department's Discontinuance...........................................11
DisconnectedServices.........................................................................................................................11
Accessto Property....................................................................................................................................11
Identificationof Employees.....................................................................................................................11
Metering....................................................................................................................................................12
Utilityto Provide Meters.....................................................................................................................12
Locationof Meters...............................................................................................................................12
MeterTesting.......................................................................................................................................12
MeterAccuracy....................................................................................................................................12
Changesin Character of Service............................................................................................................13
Extensionof Water Mains.......................................................................................................................13
Costof Extensions...............................................................................................................................13
Extension Agreement or Late -Coming Customer Fee.........................................................................13
Standardsof Installation......................................................................................................................13
OversizingMains.................................................................................................................................13
AdditionalExtensions..........................................................................................................................14
ServiceLines and Connections...............................................................................................................14
MainConnections................................................................................................................................14
ServiceLines........................................................................................................................................14
Maintenanceof Service Lines..............................................................................................................14
Interior Plumbing and Fixtures............................................................................................................15
Freezing and Prevention of Freezing.....................................................................................................15
Mains....................................................................................................................................................15
ServiceLines........................................................................................................................................15
FireHydrants...........................................................................................................................................15
Abandonmentof Service.........................................................................................................................15
SourceWater Protection.........................................................................................................................16
Geothermal Injection Wells and Open -Loop Systems.........................................................................16
CrossConnection.................................................................................................................................16
PrivateMains...........................................................................................................................................16
RegulationAmendments.........................................................................................................................17
RULES AND REGULATIONS
FOR THE
KALISPELL WATER DEPARTMENT
Rule I Purpose of Rules and Regulations
The purpose of these rules and regulations is to set forth criteria to ensure adequate service,
prevent unfair charges to the customer, and to protect the Kalispell Water Department from
unreasonable demands.
The Kalispell Water Department is governed by the Kalispell City Council, hereinafter referred
to as the City Council, and is under the direct supervision of the Director of Public Works. The
adoption of these Rules and Regulations shall not preclude the City Council from altering or
amending them, in whole or in part, or from requiring other or additional service, equipment,
facility or standard, either upon complaint, upon its own motion or upon application of the
Kalispell Water Dept.
These Rules and Regulations do not in any way relieve the Kalispell Water Department from any
of its duties under the laws of the State of Montana. The authority requiring the Rules and
Regulations is contained in Title 69, Chapter 7, Montana Code Annotated.
Rule II Definitions
The words or phrases used hereinafter shall mean as follows:
1. "City Council" means the duly elected governing body of the City of Kalispell, to include the
Mayor.
2. "City Manager" means the duly appointed City Manager of the City of Kalispell or any
person authorized by him/her to perform acts in his/her behalf.
3. "City Sanitary Sewer" means the system operated by the Kalispell Sewer Department for the
collection, conveyance, and treatment of sewage.
4. "City Water" means water furnished by the Kalispell Water Department.
5. "Commercial Service" means any water usage other than solely for residential purposes
except in a residence in which the resident operates a neighborhood business occupying less
than thirty percent of the living area and which the water consumption for the business would
be insignificant. Where a single structure has a neighborhood business exceeding the
foregoing or has more than one business combined with a residence, the water service shall
1
be considered "Commercial Service". Commercial Service includes, but is not limited to:
schools, hospitals, nursing homes, churches, hotels, motels, trailer parks, apartments,
duplexes, condos, multi-plex units, and rooming housing with two or more rooms on a rental
basis are considered Commercial services and not Residential.
6. "Customer" or "Consumer".means any individual, partnership, association, firm, public or
private corporation or government agency, or any other user receiving water. In the case of a
tenant or landlord, the property owner is considered the customer or consumer.
7. "Developer" means any person, firm, corporation, or other entity that causes improvements
to be made upon the land with said improvements requiring water service.
8. "Director of Public Works" means the Director of Public Works for the City Of Kalispell or
any person authorized by him/her to perform acts in his/her behalf.
9. "Distribution Main" or "Main" means a water pipe owned, operated and maintained by the
Water Department, which is used for the purposes of distributing water, and to which service
connections are attached.
10. "Extension Agreement/Latecomer Agreement" means an agreement between the City of
Kalispell and a Developer which allows the Developer to connect onto an existing main
owned by the City, and extend water service to the property of the Developer. The
Agreement sets forth the value of the extended main and the charges for new customer
connections to the main which are paid to the Developer. The said Agreement must be
adopted by Resolution of the City Council and signed by the Mayor and the Developer.
11. "Meter Pit or Vault" means the subsurface structure that houses a water meter, protecting the
meter from damage and allowing the City easy access to the meter for maintenance,
investigation, or reading. All new meter installations shall be in vaults or pits that meet
material and installation requirements as set forth in the standards.
12. "Permittee" means any person, firm, corporation or other entity which obtains a written
permit to cause construction work to be performed in accordance with the permit.
13. "Private Fire Protection Line" means a water service line extending from the distribution
system to and through a structure for which the sole purpose of such service is for
extinguishment of fire. A Private Fire Protection System is the property of the customer, and
the Water Department does not operate or maintain any component of the Private Fire
Protection System.
2
14. "Private Main" means any water pipe not owned, operated and maintained by the City of
Kalispell to which more than one service line was originally connected.
15. "Public Service Commission" means the Montana Public Service Commission.
16. "Service Connection" means the connection and or the tap at the distribution main or
collection main which connects the customer's service pipe to the main.
17. "Service Pipe or "Service Line" means the piping from the service connection and or tap at
the main to the customer's premises being supplied with water.
18. "Standards" shall mean the current "Standards for Design and Construction", as adopted by
the Kalispell City Council.
19. "Residential Service" means water usage solely for residential purposes.
20. "Water Department" means the City of Kalispell Water Department.
Rule III Records and Reports
1. Preservation of Records: All records required by these Rules shall be preserved by the Water
Department in accordance with the "Rules to Govern the Preservation of Records of Public
Utilities and Licensees", as prescribed by the National Association of Regulatory Utility
Commissioners (NARUC), dated April, 1972.
2. Filing of Rules, Regulations, and Rate Schedules: No rules, regulations or schedules of rates
or modification of the same, shall be effective until adopted by the City Council.
3. Financial and Statistical Report: The Water Department shall file annually a Financial and
Statistical Report upon forms to be furnished by the Public Service Commission. This report
shall be filed on or before October 31 of each year as set forth in Section 69-3-203 MCA.
Rule IV Customer Information
1. Rates: The Water Department shall explain to the customer, during the application for
service, or whenever the customer requests to do so, the Water Department's rates applicable
to the type of service furnished to the customer. The Water Department shall supply the
customer, when requested, with a copy of the Rate Schedule.
3
2. Rules and Regulations: A copy of the Rules and Regulations of the Water Department and
any contracts and applications applicable to the Water Department shall be maintained in the
office for inspection by the public.
3. Posting: The Water Department shall exhibit, in a conspicuous location, a placard, in large
type, giving information to the customer that a copy of the Rules and Regulations of the
Water Department and the schedule of rates are kept for their inspection. The information
shall state that the Water Department is regulated by the Kalispell City Council and under the
direct supervision of the Director of Public Works.
Rule V Uses and Charges
1. Free Water: The Water Department shall not supply free water to any customer.
2. Temporary Services: Water for construction, special projects or other short term usages must
be applied for specially and shall be for a period no longer than six months. The usage charge
shall be based on a meter reading and the Rate Schedule.
In all cases, the customer must pay for all charges necessary to provide the temporary
service, including the removal of the service and meter, if required. Temporary water service,
if granted, may be terminated by the City after three days, when prior written notice of
termination has been personally delivered or mailed to the owner's or the owner's
representative's last known address. Receipt of temporary service does not in any way
entitle a customer to permanent service.
3. Seasonal Service: Where water service is desired for only certain periods of each year, such
as vacation homes, or where the customer wants the service discontinued for a period of
time, the customer shall be considered receiving "seasonal service". When such service is
desired, the customer shall notify the Water Department stating the date of water shut-off and
the date of water turn -on. During the full billing periods the water is turned off, there shall be
no billing. The Water Department shall charge the customer for turning the water on and
turning the water off in accordance with the Rate Schedule.
4. Private Fire Protection Line: The pipeline used for the fire protection system shall be
separate, with no inter -connections, from the service pipe and any piping or fixtures within or
outside the structure. The customer shall pay the cost of installation of the system, including
the Water Department's charge for tapping the main, the fittings at the main, and all piping
and appurtenances. The private fire protection line will not be metered, but a monthly charge
will be levied in accordance with the Rate Schedule.
4
The extent of the rights of the private fire protection service customer is to receive, but only
at times of fire on his premises, such supply of water as shall be available. The Water
Department shall not be considered in any manner an insurer of property or persons, or to
have undertaken to extinguish fire or to protect any persons or property against loss or
damage by fire or otherwise, and it shall be free and exempt from any and all claims for
damages on account of any injury to property or persons by reason of fire, water, failure to
supply water or pressure, or for any other cause whatsoever.
5. Water Sprinkling: Residential Services will receive a reduced water charge for usage above
the established winter average for sprinkling of lawns, gardens, and landscaping, during the
sprinkling season months of May through October in accordance with the Rate Schedule. The
winter average is determined from the average monthly usage during the four (4) month
period from November through February. Residential customers who have had their service
discontinued at any time, or have no usage during the four (4) month winter average period,
will receive a winter average of 7,000 gallons per month. Residential Customers who, at the
customer's expense, install separate water sprinkling services, will be charged a
administrative charge and meter replacement fee, during the sprinkling season, for the size of
meter installed, and all water usage will be billed at the water sprinkling rate. The Water
Department will furnish a 3/4" meter at no charge to the customer. The customer wanting a
larger meter must pay the additional cost of any meter furnished over the cost of a 3/4"
meter.
Commercial Services may request a water sprinkling rate. To obtain such a rate, a separate
meter must be installed in accordance with the Rate Schedule. All such metered water shall
be billed an administrative charge and meter replacement fee, for the appropriate size meter,
and all water usage, will be billed at the water sprinkling rate.
No administrative charge, or meter replacement fee will be assessed during the monthly
periods when water sprinkling is not occurring, November through April. Metered service
installed for sprinkling cannot be used for any other purpose and any usage outside of the
sprinkling season shall be billed at the normal water usage rates in accordance with the Rate
Schedule.
6. No City Water But City Sanitary Sewer: Commercial or Residential customers which are not
connected to city water, but which discharge sewage into the city sanitary sewer, shall have
their water service metered. The metering shall be at the expense of the customer, including
the meter, and be compatible with the City's metering system. The Water Department
personnel shall have access to the water meter for reading purposes. There will be no charge
made for the water used, but the meter reading will be used as a basis for a sewer service
charge. The Water Department reserves the right to check the customer's meter for accuracy.
5
Meters which are found to be over 2% in error, in the customer's favor, shall be replaced or
repaired by Water Department personnel, at the customer's expense.
7. Usage Restriction: The Water Department agrees to furnish water for specified uses and for
specified fees. If a customer furnishes locations with water without written permission from
the Director of Public Works, or uses the water for other purposes than those for which the
customer is paying, it is a violation of the service contract. Upon discovery by the Water
Department of a violation of usage, the customer shall be mailed a written notice of such
offense. After 30 days from the date of mailing said written notice, the Department of Public
Works may have the water shut off and service discontinued until such a time as the
additional services furnished have been paid for or the violation rectified. A turn -on charge,
if any, must be paid by the customer in accordance with the Rate Schedule. In no case will
the Water Department furnish water from one meter to two or more houses, whether or not
the same are owned by one person or entity.
8. Turn -On or Turn -Off: New customers will not be charged turn on fees for existing services,
if the turn -on is made during regular working hours. Turn -on service required at times other
than regular working hours will be charged to the customer in accordance with the Rate
Schedule. Where no service line to the premise is in place, the new customer will be charged
an impact fee as provided in Rule VII and shall be paid before connection is made. Turn -Off
will be made when requested by existing customer, at no cost to the customer. See Rule XII
for charges made against the customer for Turn -Off necessitated for non-payment of service
charges. Turn -on and Turn-off service required at times other than regular working hours will
be charged to the customer in accordance with the Rate Schedule. Temporary and Seasonal
services will be charged for these services per the Rate Schedule.
9. Resale of Water: Water furnished by the Water Department shall not be resold or caused to
be resold by any customer unless the customer is engaged in the business of distributing
water as a public water supply defined by MDEQ, and a Memorandum of Understanding
defining responsibilities of the both public water systems has been signed and approved by
the City Manager.
10. Annexation Required for Initiation or Continuation of Water Service: Any customer now
receiving, or hereafter initiating, water service supplied by the Kalispell Water Department,
shall be deemed to have consented to, and waived the right to protest, annexation to the City
of Kalispell as a condition of continuing or initiating said water service.
Rule VI Rate Establishment
11
All rates and rate adjustments shall be adopted by the City Council through the Hearing
Process. The rates shall be in accordance with Exhibit "A" attached.
Rule VII Application for Water Service
All customers desiring water service must make written application at the Water Department
office on forms provided therefore, setting forth in said application all purposes for which
water will be used upon their premises. In cases where the customer is not the owner of the
premises, the customer is primarily liable for payment for water service and the property
owner is jointly and severally liable for such payment. All applications for the introduction of
water service to any premise must be signedy the property owner. Any change in the
identity of the contracting customer at a premise will require a new application for water.
When the contracting consumer is a renter, leasee, or is not the property owner, an
application for water service shall be made in the consumer's own name and the consumer
shall be primarily liable for payment of the water service. Billing in this manner will not
release the liability of the owner and in this instance the Water Department shall notify the
property owner of the new service application as an endorsement on the property owner's
application.
It is the responsibility of the applicant to contact the Director of Public Works or City
authorized representative, prior to making application to be sure that there is a water main
adjacent to the applicant's property. If no main exists, it is the applicant's responsibility to
install a main, in accordance with City Standards, at the applicant's expense.
All premises to be served, which have not previously been served by the system, will be
assessed an impact fee. Impact fees are due and must be paid before service application may
be approved.
Rule VIII Refusal to Serve Customer
The Water Department may decline to serve an applicant:
(1) Until the applicant has complied with these Rules and Regulations governing water
service, or
(2) if, in the Water Department's judgment, the applicant's installation of piping, equipment,
or appurtenances is regarded as hazardous, of such character that satisfactory service cannot
be given, or
(3) if the applicant's system could cause damage or harmful effects to the water system or
adjoining properties, or
7
(4) if the customer's system or private water line serving the customer's property is leaking
and the applicant or customer refuses to repair the leak.
In the event the Water Department refuses to serve an applicant under the provisions of this
rule, the Water Department shall inform the applicant that the applicant may submit the
question of refusal to serve to the City Council for their review and decision.
Rule IX Billing
1. Billing Periods: The charges for municipal water services and fireline charges shall be billed
at least monthly. To meet unusual conditions, such as discontinuances, the utility may render
bills for service at other than the aforementioned intervals. The date of the month for reading
any meter shall be, as close to practical, to the same date as the preceding reading. The
billing dates shall likewise be monthly, with a date of mailing of said bill as near as practical
to the date of mailing of the previous bill. In case of leased property, all billing shall be sent
to the tenant and property owner, unless the property owner agrees to be billed directly.
2. Opening and Closing Bills: Opening and closing bills for water service will be computed in
accordance with the rate applicable to the service, by amount of water used and the
administrative charge, on a pro -rated basis of the number of days in the period of question to
the number of days in the normal billing period.
3. Billing Information: Bills shall show the meter readings at the beginning and the end of the
period for which the bill is rendered, the date of the meter reading, the number of gallons
supplied, and the date upon which payment is overdue.
4. Adjustment of Bills: If the customer believes the meter reading shown on the bill is incorrect
by comparing previous billings and current readings, the customer shall notify the Water
Department within five (5) days of receipt of the billing in question. In case of a dispute as to
the accuracy of the meter, the customer, upon depositing the amount set forth in the Rate
Schedule, may request that the meter be removed and tested for accuracy in the presence of
the customer. If the meter is found to be registering correctly within two percent (2%) of true
recording or in favor of the customer, the amount deposited shall be forfeited to the Water
Department. If the meter is found to be recording incorrectly (i.e. over two percent (2%) of
true recording) against the customer, the Water Department shall refund the deposit and
refund to the customer the overage, based on a true recording for a period of six (6) months
or for a lesser period, if the date of cause can be established from records related to the cause.
Ej
5. Error in Billing: If an error in billing or meter reading has been made, the City may recover
any undercharge or must refund any over -collections for the previous six months, as
applicable.
6. Dead Meters: If a meter is found not to register for any period, the Water Department shall
compute the water used as follows:
a. For customers who have been served for over one year, the amount billed shall be
based on the same consumption use as occurred during the same period the previous
year.
b. For customers who have been served for less than one year, the amount billed shall be
based upon water used for the last billing period.
Exceptions will be made to the rule if the facts reasonably show that either method does not
give the correct consumption for the period.
Rule X Complaints
The Water Department shall make a full and prompt investigation of all complaints made by
customers of the Water Utility, and report the results thereof to the customer. If the complaint is
not rectified to the satisfaction of the customer, the Water Department shall notify the customer
of the privilege of appeal to the City Manager or City Council.
Rule XI Service Interruptions
1. Notification of Scheduled Interruption: Every customer affected by an interruption in service
shall be notified in advance of all programmed work. Such notice shall be made at least 18
hours in advance in the form of personal contact, or a notification tag placed on the entrance
way for interruptions affecting 24 or fewer customers. For interruptions affecting a larger
area than the foregoing, the notification may be in the form of the forgoing or a notification
over the electronic media at least twice prior to 18 hours before interruption.
2. Emergency Interruption: In the event of an emergency interruption, the Water Department
shall re-establish service as soon as possible. When emergency repairs, such as main breaks,
fire hydrant damage, etc., becomes necessary, a concerted effort shall be made by the Water
Department to repair the cause without total disruption of service, except for that period
when complete shutoff may be required due to the nature of the damage. Notification of
affected customers may not be possible. However, every effort shall be made by the Water
Department to have an announcement sent over the electronic media if the period of total
interruption is expected to be more than a four (4) hour period.
P]
3. Liabili : The Water Department shall not be liable to customers or others for failure or
interruption of water service due to main breaks, routine maintenance and operations, acts of
God, governmental regulations, court or Public Service Commission orders, acts of a public
enemy, strikes or labor disputes, accidents, weather conditions, acts of third parties, droughts,
or, without limitation by the forgoing, any other cause beyond the reasonable control of the
Water Department Personnel.
4. Adjustment of Rate for Interruption: Interruptions of service due to any of the foregoing or
for the customer's frozen facilities shall not render the City liable for any adjustment in the
bill.
Rule XII Discontinuance of Service
1. Vacation of Premises: Any customer who is about to vacate any premise supplied with
service by the Water Department, or for any reason, wishes to have service discontinued,
shall give at least a 24 hour notice to the Water Department. Notice shall specify the
date on which discontinuance is desired. Discontinuance will not be made on Saturday,
Sunday, or Holiday unless the customer agrees, in writing, to pay the actual cost of turn
off. Until the Water Department receives such notice, the customer shall be held
responsible for all services rendered.
2. Temporary Discontinuance: Should the customer desire temporary discontinuance of
service, the Water Department when notified will shut off the water at the curb stop and
allowance will be made on the bill for such times as the water is not in use. If the
customer requests the service to be reconnected within six (6) months of the date of
disconnect, the customer shall pay the turn on charge, as set forth in the Rate Schedule,
before the Water Department will turn on the water. In the event the curb stop cannot be
closed for reasons beyond the control of the Water Department, the Water Department
shall notify the customer of the reasons for not discontinuing service.
3. Discontinuance by Water Department: The Water Department shall make a diligent
effort to induce the customer to comply with all applicable Rules and Regulations,
including payment of bills. When payment becomes delinquent as indicated by a past
due notice on current billing, the customer shall have ten days after the billing notice to
comply by making payment. If payment is not made, the Water Department is directed
to place a notice upon the premise advising that service will be shut off and stating the
date when this will be done and a tag fee will be levied in accordance with the Rate
Schedule. The Water Department shall not be liable for failure of the customer to see
such notice or for disappearance of the notice from the premises. The Water
Department shall keep record of all notices. The Water Department shall not
10
discontinue service on Friday, Saturday or Sunday, or a day prior to a holiday, or if an
emergency affecting health exists. A written statement from a physician or health
agency must be presented to the Water Department within five days, if such claim of
emergency is made.
In the case of fraudulent use of water, or where the water utility's regulating or
measuring equipment has been tampered with, or where a dangerous condition is found
to exist on the customer's premises, the water may be shut off without advance notice.
An example of a dangerous condition is one which could cause damage to the water
system or one which could potentially allow contaminants to enter the water system.
4. Charges for Reconnections Due to Water Department's Discontinuance: Whenever the
supply of water is turned off for violation of the Rules and Regulations, the Water
Department must receive payment for all charges, as determined in the Rate Schedule,
before the water will be turned on. After service has been turned off because of non-
payment of bills, the services shall not be turned on again until all back water bills have
been paid.
5. Disconnected Services: No plumber or other person shall be allowed to make connection
with any conduit pipe or other fixture or to connect pipes when they have been
disconnected, or to turn water on or off, on any premises served by the Water
Department, without permission from the Water Department.
Rule XIII Access to Property
Water Department Personnel shall, at all reasonable times, have access to meters, service
connections, curb boxes, and other property owned by the City, which is on the customer's
premises, for purposes of maintenance, operation and inspection. The Water Department
also reserves the right to inspect all plumbing connected to and with the supply of water for
violation of use, or improper or illegal connections. The customer shall remove obstructions
and contain pets such that they do not impair ingress or egress or interfere with the work of
the Water Department personnel. Refusal on the part of the customer to allow access for
such purposes, remove obstructions or contain pets shall be deemed to be sufficient cause
for discontinuance of service by the Water Department. However, the customer shall have
the right to verify the identity of the person seeking access.
Rule XIV Identification of Employ
Every employee of the Water Department whose duties require the entering of the
customer's premises shall carry an identification card which identifies the employee as a
11
representative of the Water Department. The identification card shall contain pertinent
information necessary to identify the employee including a photograph, together with the
telephone number of the Water Department. The customer may refuse access to the
customer's premises while the customer calls the Water Department to check the
authenticity of the identification card and that the employee is working for the Water
Department.
Rule XV Metering
1. Utility to Provide Meters: All water furnished by the Water Department shall be metered,
except private fire protection lines and temporary services as approved by the Water
Department. The Water Department shall provide, operate and maintain all meters,
except as provided in Rule V (5) for water sprinkling. The customer is responsible for the
cost of testing and maintenance of all meters in excess of two inches. Under no
circumstances shall the customer remove, manipulate, or tamper with the meter.
The Water Department may replace any meter at such time as it may be judged necessary
by the Water Department.
2. Location of Meters: The customer shall provide adequate protection of the meter from
frost or other damage. The meter must be located in a horizontal position where it is
easily accessible for purposes of reading and repairing. When a meter is located inside a
house or building, the Water Department, at its own expense, may install a remote
register for meter reading on the exterior of the house or building. The cost of repairs to
meters caused by freezing or other damage shall be paid by the customer. All new meter
installations shall be in vaults or pits that meet material and installation requirements as
set forth in the standards.
3. Meter Testing: The Water Department shall have equipment for testing the accuracy of
all meters owned by the Water Department through two inches in size. For testing of
meters larger than 2 inches, the equipment may be owned and operated by the Water
Department or the meters may be sent to a qualified shop or laboratory for such testing.
The Water Department shall have a program for testing of all meters and shall keep an
accurate record of the date of testing of each meter.
4. Meter Accuracy: The meter size shall match the size of the service connection.
Whenever a meter is found to exceed a limit of two percent fast or slow, it must be
adjusted to register as nearly one hundred percent as commercially practicable or
replaced. A manufacturer's certified test will be acceptable for the accuracy of new
meters.
12
Rule XVI Changes in Character of Service
In the event the Water Department makes changes in the system which would cause an
increase of 10 p.s.i.g., or more above routine operation, in the pressure of the system, or
portion of system thereof, the Water Department shall notify the customers who will be
affected by said increase. The customer shall be responsible for the adjustment of
appliances and equipment of installation and maintenance of pressure reduction devices
to accommodate the increased pressure.
Rule XVII Extension of Water Mains
I. Cost of Extensions: It shall be the responsibility of the developer or property owner to
extend and pay all costs thereof, for all main extensions from the existing city facilities to
the site of development in accordance with all City Standards. Under certain
circumstances, the Kalispell City Council may determine that it is appropriate to approve
and enter into a Developers Extension Agreement with the developer or property owner
to provide for the reimbursement of costs associated with construction of the
infrastructure which exceeds the size or capacity of Standard requirements for the
development. This agreement sets forth the value of the extended main, the charges for
new customer connections to the extension main, and allows the developer to recover
costs associated with the extension of said utility service for Standard improvements
greater than required to serve the development. The said Agreement must be adopted by
Resolution of the City Council and signed by the Mayor and the Developer.
2. Extension Agreement or Late -Coming Customer Fee: If the City has become
contractually obligated to collect a latecomer fee from a customer who connects to a main
extension associated with an agreement, the City may refuse to allow such customer to
connect to the extension until the fee is paid. If such customer fails or refuses to pay such
fee when required, it shall be sufficient cause for discontinuance of service. Customers
who connect to the system after the extension is complete and who did not share in the
cost of the extension shall pay the main extender a pro rata share of the costs as defined
in the agreement.
3. Standards of Installation: All mains, appurtenances and auxiliary piping shall be designed
and installed in accordance with the City Standards.
4. Oversizing Mains: A Developers Extension Agreement may be established, upon
approval of Council for main extensions that exceed the size and capacity as required for
the development in accordance with City Standards. However, if the City requires the
13
customer or developer extending the main to install a larger size main than required by
City Standards, the City shall pay the difference in cost between the larger main required
by the City, and the size of main required by said standards.
5. Additional Extensions: The City reserves the right to further extend the mains installed
by foregoing customers. The City also reserves the right to charge future main extenders,
for their pro -rated share of the cost for the oversizing of the City's infrastructure. Such
pro -rated cost shall be based on volume of flow contributed by the development for
which the line was further extended, versus the volume of flow of which the oversized
portion of the existing main could handle.
Rule XVIII Service Lines and Connections
1. Main Connections: For services, the Water Department shall install a service saddle, a
service valve as well as tap the main. The customer shall bear the full expense for labor,
equipment and materials for such installations. The customer shall obtain a permit from
the Department of Public Works before making said excavation and connection. All
work shall be performed in accordance with City Standards.
2. Service Lines: The customer, at the customer's expense, shall be responsible to install all
piping and appurtenances, except the meter, from the main connection to the point of
usage, and restore all surfaces to the condition which existed before the installation. The
service line, curb stop and curb box shall be as specified in the City Standards. The curb
stop and curb box shall be in the public right of way or an easement, in an accessible
location approved by the City. There shall be no branches made in the service line
between the main and the meter. All piping and appurtenances shall be installed, tested,
chlorinated and flushed in accordance with City Standards. Structures containing two or
more residences under separate ownership shall have separate service lines from the
main, service valves, curb stops, and meters for each residence. Structures containing
two or more residences, offices, or businesses that are rental units under common
ownership shall have one service line, valve, curb stop, and meter for all occupants
within a single structure.
3. Maintenance of Service Lines: The customer shall maintain, at the customer's expense,
all service piping and appurtenances in a good condition, free from leaks. Failure to do so
shall be cause for discontinuance of service. If curb boxes are not maintained to a
condition that the service can be shut off or turned on freely, the Water Department
reserves the right to make whatever repairs are necessary to be able to perform full
functions and charge the customer for labor, equipment and materials necessary to make
the repair. It is the customer's responsibility to repair any leaks in the service line
immediately upon discovery.
14
4. Interior Plumbing and Fixtures: All plumbing connected, directly or indirectly, to the
supply or service of the City's water system shall conform to the installation
requirements of the International Association of Plumbing and Mechanical officials
"Uniform Plumbing Code" and these rules and regulations.
Rule XIX Freezing and Prevention of Freezing
1. Mains: If there is a danger of freezing of the mains, the Water Department may request
customers individually or within a specified area, to run water sufficient to prevent
freezing. Customers thus requested will not be billed for the excess used and their billing
during the request period will be based on the same amount used during the same billing
period the previous year, or, in the case of new customers, their billing will be based on a
minimum charge. The Water Department shall notify the requested customers when the
period of freezing danger is over and the normal billing rate will become effective the
next billing period. In the event the main does freeze, the Water Department shall be
responsible for all costs in thawing the main and repairing any damage to the main.
2. Service Lines: The customer is responsible for the prevention of freezing of the service
line and appurtenances. If freezing does occur to the service line, the customer shall bear
the cost of thawing and replacement of any damaged piping, appurtenances and
equipment. It is the customer's responsibility to properly drain all water lines to prevent
freezing when the service has been shut off for whatever reason.
Rule XX Fire Hydrants
Fire hydrants, except those on the Private Fire Protection Line, are the property of the
City, which shall have the responsibility for maintaining the same in good repair. The
cost for hydrant maintenance shall be included in the metered rates charged to the
customer as set forth in the Rate Schedule.
Rule XXI Abandonment of Service
When a lot or parcel is developed to a permitted use, all duplicate, excess, and/or unused
services and fire services, including stub -outs, shall be abandoned at the main at no cost
to the City. Aggregation of parcels will trigger abandonment of unused water and fire
services. Whenever a building served by water ceases to exist, water services and fire
services shall be abandoned at the main. At the discretion of the Water Department,
however, and depending upon whether water service is anticipated to be renewed within
one year, temporary removal from service may be controlled with an operative curb stop.
15
Rule XXII Source Water Protection.
I. Geothermal Injection Wells and Open -Loop Systems: All geothermal injection wells and
open -loop systems located within the City limits are required to submit a hydrologic
assessment report, performed by an experienced hydrologist, describing potential water -
quality effects to the City's water production sources. The report will provide an
evaluation of the effect the injection water could have on a municipal well using a
modular finite -difference groundwater flow model, or approved equivalent model. The
report will include a location map of City water source and private wells, pumping and
injection rates, groundwater flow direction, and capture zone analysis with a particle
tracking map. The applicant will also provide a copy of either the EPA injection permit
or the Authorization Rule issued to the applicant by the EPA. If the report indicates there
will be a detrimental effect on the municipal water source, the City may refuse to service
the applicant as defined in Rule VIII Refusal to Serve Customer.
2. Cross Connection: No pipes or fixtures connected to the water supply of the Water
Department will be connected, directly or indirectly, to pipes or fixtures containing water
from any other source.
Rule XXIII Private Mains
1. The City shall have no obligation to maintain, test, repair or replace private mains, and
the City shall not be liable or responsible for any damage caused by water leaking from
a private main.
2. All customers served by a private main are jointly and severally liable and responsible
for maintaining, testing, and repairing. All customers served by a private main are
advised to replace such line with a properly designed and installed main.
3. If in the judgment of the Water Department a private main has become hazardous, or
could damage or cause harmful effects to the water system, to customers, or to
neighboring property owners or residents, the Water Department shall give reasonable
notice of the problem and the needed maintenance, testing, repair or replacement. The
Water Department shall allow a reasonable time for such work, based on the severity of
the condition giving rise to such notice. If the Water Department determines that it is
not feasible or practical to remediate the private main, the Water Department shall give
reasonable notice to such customers of the need to install a new main, or connect to an
existing main, in the discretion of the Water Department. The Water Department shall
allow a reasonable time for such work, based on the severity of the condition giving rise
to such notice. The Water Department may, in their discretion, grant extensions of time.
If any customer fails or refuses to conduct the needed maintenance, testing, repair or
16
replacement, or fails or refuses to install a new main or connect to an existing main, it
shall be sufficient cause for discontinuance of service.
Rule XXIV Regulation Amendments
The City Council may adopt, establish or change policies which define and govern the
action of the Water Department personnel on specific and special conditions. The said
policy shall not be in conflict with any of the Rules and Regulations contained herein. The
decision of the City Council to adopt, establish or change such policies shall be made by a
motion duly adopted and approved and filed with the City Clerk.
17
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
I .',
EFFECTIVE January 1, 2016
PAGE NO. 1
SCHEDULE A
RESIDENTIAL AND COMMERCIAL SERVICE
Available for: User premises located within the City Limits
Charge: $7.50 administrative cost per meter per month
Meter charge:
Meter Size Fee per Billing Cycle
3/4" $ .80
1" 1.38
1 1/2" 2.68
2" 3.75
3" 14.10
4" 19.88
> 4" determined at time of connection based upon 15 year replacement life
Rate:
All consumption $2.43 per thousand gallons/no minimum
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. See Sheet 2 Schedule B for Sprinkling Terms, etc.
2. Out of City rate 1.25 times the in -City rate.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
I .',
EFFECTIVE January 1, 2016
PAGE NO. 2
V
RESIDENTIAL SPRINKLING SERVICE
Available for: Residential Users only
Rate: Special summer rate -- Water used for sprinkling purposes.
All residential users who do not have separately metered sprinkling services will be charged during
the months of May, June, July, August, September and October (see rate) per thousand gallons on the
amount of water used in excess of the average consumption for the preceding four months.
Rate:
Per 1,000 gallons $1.55
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
I.5.:v
EFFECTIVE January 1, 2016
PAGE NO. 3
SCHEDULE B-1
SEPARATELY METERED SPRINKLING SERVICE
Available for: All users within the City limits
Rate: $1.55/per thousand gallons
All water users supplied through a separately metered sprinkling service as provided in the Rules and
Regulations will be billed during the Sprinkling Season as defined herein for all water used during the
Sprinkling Season. No fee will be assessed against these separate sprinkling services except during the
Sprinkling Season. No Sewer fees will be assessed against these separate sprinkling services unless
water is used for other purposes (which are prohibited in the Rules and Regulations.)
Where usage other than during the Sprinkling Season is indicated, this separate service may be cut off
and charged per Schedule A rendered for that usage.
Separately metered Sprinkling Services are permitted only in conjunction with usage through a service
to a dwelling or commercial account.
Special Terms and Conditions
Separate Sprinkling Services will not be granted OUTSIDE THE CITY LIMITS.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
SCHEDULE C
SPECIAL SUMMER SPRINKLING
Available for: COMMERCIAL USERS AND SCHOOLS
Rate:
I.5.:v
EFFECTIVE January 1, 2016
PAGE NO. 4
Commercial users, including schools, will be granted Sprinkling Rates ONLY if Separately
Metered Services are installed for that purpose. Such services may be entirely separate from
the main to the property or separated ahead of the principal meter serving the property. Users
served in this manner for this purpose will be billed per thousand gallons on all water used for
this purpose during the Sprinkling Season outlined under Residential Meters. No Sewer Fees
will be assessed against these Separate Sprinkling Services unless water is used for other
purposes, which is prohibited in the Rules and Regulations. The Utility will provide 3/4"
meters for these Separately Metered Services. If larger meters are needed, the cost of said
larger meter will be paid by the user.
Rate: $1.55/ per thousand gallons
Special Terms and Conditions
Separate Sprinkling Services will not be permitted OUTSIDE THE CITY LIMITS.
CITY OF KALISPELL
KALISPELL, MONTANA
I.5.:v
UTILITY SCHEDULE FOR WATER
EFFECTIVE January 1, 2016
PAGE NO. 5
SCHEDULE D
WATER ASSOCIATIONS SERVICE
Available for: SERVICE TO WATER ASSOCIATIONS, OTHER WATER UTILITIES FOR
RESALE
Rate: Service supplied for Water Associations or their Water Utilities will not be provided
under Schedule A rates, but will be based on the service to be supplied and Rates
Negotiated at the time agreement is made to provide the services.
MISCELLANEOUS SALES OF WATER
Water sold from Hydrants to trucks by the load:
Rate: $4.14/ per thousand gallons $40.00 Hydrant Meter Setting and Removal Fee
Minimum 10,000 gallons
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
I .', : m
EFFECTIVE January 1, 2016
PAGE NO. 6
SCHEDULE E
Available for: COMMERCIAL FIRE PROTECTION — NOT METERED
Rate: PER MONTH
SIZE OF
SERVICE RATE
2 Inches
$24.80
3Inches
$29.25
4Inches
$32.50
6Inches
$40.10
8Inches
$51.00
10Inches
$70.35
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
SCHEDULE F
FEES FOR SPECIAL SERVICES
Tag Fee
I .',
EFFECTIVE January 1, 2016
PAGE NO. 7
Rate: A $20.00 fee will be added to delinquent accounts when City staff is required to notify
residents of potential water turn-off by leaving a written notice at their premises. This fee
reimburses the City for the costs associated with notification and delivery.
Turn On Fee
Rate: When applicable as provided in Rules and Regulations each occurrence when made during
regular working hours shall be billed $30.00. When required other than regular working hours
will be billed at $95.00.
Meter Testing at Customer Request
Deposits required as outlined in Rules and Regulations and refundable under conditions
outlined herein.
Meters up to 2" $ 40.00 Deposit
Larger than 2" 100.00 Deposit
CITY OF KALISPELL
KALISPELL, MONTANA
I.5.:v
UTILITY SCHEDULE FOR WATER
EFFECTIVE January 1, 2016
PAGE NO. 8
SCHEDULE G
OUT OF CITY SERVICES
Available for: Residential and Commercial services located outside the City limits, available
only by contract approved by the City Council.
Rate: Rates per all Schedules where service is allocated,
PLUS SURCHARGE OF 25%.