Resolution 5864 - Amends Water RegsRESOLUTION NO.5864
A RESOLUTION TO ADOPT CERTAIN AMENDMENTS TO THE REGULATIONS OF
THE CITY WATER UTILITY IN ORDER TO BE CONSISTENT WITH THE
RECENTLY UPDATED DESIGN AND CONSTRUCTION STANDARDS.
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
utility regulations to be consistent with public works design standards previously
approved and adopted by the Kalispell City Council; and
WHEREAS, notice of such recommendations were duly published and made available to the
public and a public hearing was held on April 2, 2018 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 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
utilities, attached hereto as Exhibit "A" and incorporated herein fully by
this reference, are hereby approved and adopted.
SECTION 2. This Resolution shall become effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16TH DAY OF APRIL, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
f ✓jjd/d9d%1111 @ i i 91904�����®�\a
�City of Kalispell
` Post Office Box 1997 - Kalispell, MT 59903
Telephone: (406) 758-7701
` Fax: (406) 758-7758
MONTANA
To: Doug Russell, City Manager DL
From: Susie Turner, Public Works Director
Re: Resolution 5864, Amendments to the Kalispell Rules and Regulations
Governing Water Service
Meeting Date: April 16, 2018
BACKGROUND: Public Works staff has identified and are recommending a change within the
2017 Rules and Regulations Governing Water Service. The proposed change maintains the
Purpose of the Rules and Regulations, while supporting existing and evolving development
techniques.
The recommended change includes redefining the requirement of service line size reductions prior to the
meter per the newly adopted 2018 Standards, which allows for service lines 2" or smaller to be downsized
by one City of Kalispell standard nominal size prior to the meter pit or vault.
The suggested language change to the regulations is highlighted in red below:
Rule XV Metering, 4. Meter Accuracy: Water service sizing and fittings before a meter pit or
vault shall follow requirements outlined in the Standards for Design and Construction. 41:
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of the "I —.4ow. 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.
As part of the consideration for the regulation amendment, the recommended changes have been
reviewed with Council, public advertisement has been performed, and a public hearing was held
on April 2, 2018. There were no comments received as part of the public hearing process.
ACTION REQUESTED: Motion to approve Resolution 5864, a resolution to amend the
Kalispell Rules and Regulations Governing Water Service.
ALTERNATIVES: As suggested by City Council.
ATTACHMENTS: Resolution 5864
City of Kalispell Rules and Regulations Governing Water Service April 2018
RULES AND REGULATIONS
GOVERNING WATER SERVICE
PUBLIC WORKS DEPARTMENT
CITY OF KALISPELL, MONTANA
April 2017
TABLE OF CONTENTS
Purpose of Rules and Regulations............................................................................................................ I
Definitions...................................................................................................................................................1
Recordsand Reports.................................................................................................................................3
Preservation of 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
Private Fire 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....................................................................................................................................7
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
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Complaints.................................................................................................................................................. 9
ServiceInterruptions.................................................................................................................................9
Notification of Scheduled Interruption..................................................................................................9
EmergencyInterruption.........................................................................................................................9
Liability................................................................................................................................................10
Adjustment of Rate for Interruption....................................................................................................10
Discontinuance of Service.......................................................................................................................10
Vacationof Premises...........................................................................................................................10
Temporary Discontinuance..................................................................................................................10
Discontinuance by Water Department.................................................................................................10
Charges for Reconnections Due to Water Department's Discontinuance ........................................... I I
DisconnectedServices.........................................................................................................................11
Accessto Property...................................................................................................................................11
Identification of Employees....................................................................................................................11
Metering....................................................................................................................................................12
Utilityto Provide Meters.....................................................................................................................12
Locationof Meters...............................................................................................................................12
MeterTesting.......................................................................................................................................12
MeterAccuracy...................................................................................................................................12
Changes in 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
Maintenance of 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
BackflowAssemblies..........................................................................................................................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
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be considered "Commercial Service". Commercial Service includes, but is not limited to:
schools, hospitals, nursing homes, churches, hotels, motels, trailer parks, apartments, 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 Agyreement/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.
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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 W 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.
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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: For commercial services 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 commercial private fire protection
line will not be metered, but a monthly charge will be levied in accordance with the Rate
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Schedule. For residential service the fire protection pipeline shall use the residential tap,
service pipe, curb stop, and meter pit.
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 from the water
system. The Water Department reserves the right to shut off residential fire protection line
service as defined in Rule XII Discontinuance of Service. 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
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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.
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,
0
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
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 signed by 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
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(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
(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
PP
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.
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
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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.
3. Liability: 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. Aduustment 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
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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
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.
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Rule XIV Identification of Employees
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
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.
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4. Meter Accuracy: Water service sizing and fittings before a meter pit or vault shall follow
the requirements outlined in the Standards for Design and Construction. 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.
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
1. 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.
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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 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.
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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.
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
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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.
Rule XXII Source Water Protection.
1. 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.
3. Backflow Assemblies: Backflow assembly testing shall be performed per manufacture
specifications and the certification made available to the City upon request.
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.
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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
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.
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