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Home My WebLink AboutOrdinance 98.19 Amending chapter 14 of the town code relating to water -- MARANA ORDINANCE NO. 98.19 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 14 WATER, OF THE TOWN CODE OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH WHEREAS, on February 6, 1996, the Town Council did approve Ordinance No. 96.06, which adopted that certain document entitled "Marana Town Code, Chapter 14, Water," as the fourteenth chapter of the official Town Code; and WHEREAS, certain amendments, which include the addition of backflow prevention and cross-connection provisions, are in the best interests ofthe citizens of the Town of Mar ana. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a Arizona, as follows: - Section 1. That certain document entitled, "CHAPTER 14 WATER; TOWN OF MARANA MUNICIP AL WATER SYSTEM," three copies ofwhich are on file in the office of the Town Clerk ofthe Town of Maran a, Arizona, said documents having been made a public record by Resolution No. 98-83 ofthe Town of Maran a, Arizona, are hereby referred to and made a part hereof as if fully set out in this ordinance and are hereby adopted and amends Chapter 14 ofthe Marana Town Code. Section 2. The penalty provisions of this Ordinance, with additions shown by CAPITAL LETTERS and deletions shown by strikeout, are as follows: Section 14-8-8 Violation A. In the event of any violation of this Article [14-8], the water utility for which the emergency was declared shall be responsible for having a written notice placed on the property where the violation occurred and a duplicate mailed to the person who is regularly billed for the service where the violation occurred and to any person known to the town or the water utility, who is responsible for the violation, and order that it be corrected, ceased, or abated immediately or within such specified time as the town or water utility determines is reasonable under the circumstances and shall contain a description ofthe fees and penalties associated with said violation. - B. If said order is not complied with, within twenty-four (24) hours, the town or the water utility may forthwith disconnect the service where the violation occurred. A fee of two hundred fifty dollars ($250.00) shall be imposed for the reconnection of Marana, Arizona Ordinance 98.19 Page 1 of 4 - any service disconnected pursuant to noncompliance, which shall be in addition to other fees or charges imposed by this article for disconnection of service. C. In addition to being grounds for disconnection of service, violation of any provision of this article shall be a civil infraction. An individual or corporation convicted of violating provisions of this article shall be assessed a civil penalty of not less than two hundred fifty dollars ($250.00). D. Nothing herein shall conflict with the rules and regulation and approved tariffs ofthe Arizona Corporation Commission as they may apply to public service corporations furnishing water service within the Town of Mar ana. Section 14-9-16 VIOLATION IT SHALL BE A CIVIL INFRACTION, PUNISHABLE BY A TWO HUNDRED FIFTY ($250.00) FINE, FOR ANY PERSON TO VIOLATE ANY OF THE REQUIREMENTS OF THIS ARTICLE [14-9]. - ARTICLE 14-10 VIOLATIONS Section 14-9-114-10-1 Installation and Repair by Individuals Prohibited All water services to be installed by the town water utility shall only be installed by the town or its authorized employees or agents as provided for in this chapter. It is unlawful for any person to install any such service or any part of such service, or to repair any service now existing or any part thereof, from the water mains to and including the meter, or disturb any right-of-way easement, street or alley in any manner for the purpose of locating problems with the water system or for any other reason whatsoever. Section 14-9-2 14-10-2 Turning on Water Without Authority It is unlawful for any person, by false key or otherwise, after the water has been shut off from any premises, to cause such premises to be supplied with water or for any person to aid or abet such action. Section 14-9-3 14-10-3 Escaping Water - No person shall allow water to escape from his or her premises upon public property, such as alleys, roads or streets, nor upon any other person's property. Marana, Arizona Ordinance 98.19 Page 2 of 4 - Section 14-9-4 14-10-4 Interference, Tampering With Facilities No person shall open or close any fire hydrant or stopcock connected with the water system of the town, or lift or remove the covers of any gate valves or shutoffs, or tap into town water mains or otherwise remove water from the town water utility system without a permit from the director ofthe town water utility, or in violation of conditions of a permit, except in case of fire, and then under the direction of the officers of the fire department. Section 14-9-5 14-10-5 Damaging, Defacing Facilities It is unlawful for any person to destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any reservoir, building, storage tank or appurtenances, fences, trees or fixtures or property appertaining to the water utility of the town. SECTION 14-10-6 PENALTIES ,,~ ANY VIOLATION OF THIS CHAPTER EXCEPT AS OTHERWISE DESIGNATED FOR A PARTICULAR ARTICLE [CHAPTER 14] SHALL BE A CIVIL OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS ($250.00). EACH DAY A VIOLATION CONTINUES SHALL BE CONSIDERED A SEPARATE OFFENSE. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion ofthe Town Code. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. --",-,-, Marana, Arizona Ordinance 98.19 Page 3 of 4 ,- PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona this 15th day of September, 1998. ATTEST: /~J~Uli ,- Town Attorney 0'~ Marana, Arizona Ordinance 98.19 Page 4 of 4 G-'A-?~'. ~ Mayor ORA MAE ARN' CHAPTER 14 WATER. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 Article 14-1 GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-1 Section 14-1-1 Intent and Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-1 Section 14-1-2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-1 Article 14-2 RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-3 Section 14-2-1 Responsibilities of the Council ....................... 14-3 Section 14-2-2 Water Utility Director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-4 Section 14-2-3 Water Utility Advisory Committee . . . . . . . . . . . . . . . . . . . .. 14-4 Article 14-3 WATER SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-6 Section 14-3-1 Application for Service ............................. 14-6 Section 14-3-2 Deposits ................................. . . . . . .. 14-6 Section 14-3-3 Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-7 Section 14-3-4 Grounds for Refusal of Service. . . . . . . . . . . . . . . . . . . . . .. 14-7 Section 14-3-5 Temporary Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-7 Section 14-3-6 Service Lines, Valves & Meters ...................... 14-8 Section 14-3-7 Easements and Rights-of-Way . . . . . . . . . . . . . . . . . . . . . .. 14-8 Article 14-4 CONSTRUCTION AND FINANCING OF WATER FACILITIES .............................................. 14-8 Section 14-4-1 Agreements to Construct New Facilities . . . . . . . . . . . . . . .. 14-8 Section 14-4-2 Construction Other Than by Town ................... 14-10 Section 14-4-3 Capacity Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-10 Article 14-5 SERVICE AREA INCLUSION AND FEES ...................... 14-12 Section 14-5-1 GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . .. 14-12 Section 14-5-2 Fees ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-12 Section 14-5-3 Application ..................................... 14-13 Section 14-5-4 Approval Required for Inclusion ..................... 14-13 Section 14-5-5 Effect of Inclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-13 Section 14-5-6 Service Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-13 Section 14-5-7 Data Requested ................................. 14-14 Section 14-5-8 Inclusion Does Not Constitute 1 00 Year Water Adequacy ........................ . . . . . . . . . . . . .. 14-14 Article 14-6 PROVISION OF WATER UTILITY SERVICE. . . . . . . . . . . . . . . . . . .. 14-14 Section 14-6-1 Customer Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . .. 14-14 Section 14-6-2 Payment of Bills ................................. 14-15 Marana Town Code XlVI Grounds for Termination of Service .................. 14-15 Nonpayment of Delinquent Bill; FILING OF LIEN; INTEREST ................................ 14-15 Section 14-6-5 Reconnection of Service . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-15 Section 14-6-6 Challenge of Accuracy of Water Bill .................. 14-16 Section 14-6-7 Deposit Requirement After Termination ............... 14-16 Section 14-6-8 Termination Without Notice. . . . . . . . . . . . . . . . . . . . . . . .. 14-17 Section 14-6-9 Service Obligations of Town . . . . . . . . . . . . . . . . . . . . . . .. 14-17 Section 14-6-10 Meter Reading; Measurement of Service .............. 14-18 Section 14-6-11 Customer Requested Meter Re-Reads . . . . . . . . . . . . . . .. 14-18 Section 14-6-12 Customer Requested Meter Tests ................... 14-18 Section 14-6-13 Billing and Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-18 Article 14-7 WATER RATES AND CHARGES ............................ 14-19 Section 14-7-1 Monthly Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-19 Section 14-7-2 Installation Charges .............................. 14-20 Section 14-7-3 Other Service Charges. . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-22 Article 14-8 EMERGENCY WATER CONSERVATION RESPONSE ........... 14-23 Section 14-8-1 Declaration of Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-23 Section 14-8-2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-23 Section 14-8-3 Application ..................................... 14-23 Section 14-8-4 Declaration of Water Emergency Authorized ........... 14-24 Section 14-8-5 Implementation; Termination. . . . . . . . . . . . . . . . . . . . . . .. 14-24 Section 14-8-6 Mandatory Emergency Water Conservation Measures ...................................... 14-25 Section 14-8-7 Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-25 Section 14-8-8 Violation ....................................... 14-25 Section 14-8-9 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-26 ARTICLE 14-9 BACKFLOW PREVENTION AND CROSS- CONNECTION CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-26 SECTION 14-9-1 PURPOSE .................................. 14-26 SECTION 14-9-2 BACKFLOW PREVENTION REQUIRED ........... 14-27 SECTION 14-9-3 HAZARD POTENTIAL. . . . . . . . . . . . . . . . . . . . . . . . .. 14-27 SECTION 14-9-4 BACKFLOW PREVENTION METHODS; LIST ....... 14-28 SECTION 14-9-5 BACKFLOW PREVENTION METHODS REQUIRED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-29 Section 14-6-3 Section 14-6-4 Marana Town Code xivii BACKFLOW ASSEMBLY INSTALLATION REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-31 INSTALLATION OF BACKFLOW PREVENTION ASSEMBLIES FOR FIRE SYSTEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-32 INSPECTIONS ............................... 14-33 PERMIT REQUIRED. . . . . . . . . . . . . . . . . . . . . . . . . .. 14-34 TEST, MAINTENANCE, RECORDS. . . . . . . . . . . . . .. 14-34 MODIFICATION OF BACKFLOW PREVENTION REQUIREMENTS. . . . . . . . . . . . . . . .. 14-35 SECTION 14-9-12 DISCONTINUANCE OF WATER SERVICE. . . . . . . .. 14-35 SECTION 14-9-13 ADMINISTRATIVE APPEAL. . . . . . . . . . . . . . . . . . . .. 14-36 SECTION 14-9-14 RETROACTIVE APPLICATION .................. 14-37 SECTION 14-9-15 FEES ...................................... 14-37 SECTION 14-9-16 VIOLATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-37 Article 44-9-14-10 VIOLATIONS ................................... 14-38 Section 14 9 1 14-10-1 Installation and Repair by Individuals Prohibited ............................. 14-38 Section 14 9 2 14-10-2 Turning on Water Without Authority . . . . . . . . .. 14-38 Section 14-9 J 14-10-3 Escaping Water . . . . . . . . . . . . . . . . . . . . . . . .. 14-38 Section 149414-10-4 Interference, Tampering With Facilities. . . . . .. 14-38 Section 14 9 5 14-10-5 Damaging, Defacing Facilities ... . . . . . . . . . .. 14-38 SECTION 14-10-6 PENALTIES. . ............ . . . . .. . . . . . . .. 14-38 Article 14 10 14-11 AMENDMENTS AND PUBLIC HEARING. . . . . . . . . . . . .. 14-38 Section 14 10 1 14-11-1 Amendment Procedure. . . . . . . . . . . . . . . . . .. 14-39 Section 14 10 2 14-11-2 Public Hearing Requirement ............... 14-39 SECTION 14-9-6 SECTION 14-9-7 SECTION 14-9-8 SECTION 14-9-9 SECTION 14-9-10 SECTION 14-9-11 ,"'",,,...... Marana Town Code xiviii Article 14-1 CHAPTER 14 WATER Town of Marana Municipal Water System GENERAL PROVISIONS Section 14-1-1 Intent and Purpose A. It is the intent and purpose of the council, by adopting this chapter, to promote the health, safety, order and general welfare of the present and future inhabitants of the town, and specifically to: 1. Provide for safe and reliable water utility service to the inhabitants of the town; 2. Provide for the financial integrity of the town water utility; 3. Protect the health, safety and welfare of the inhabitants of the town; 4. Manage the water resources of the town to protect the existing inhabitants of the town and to facilitate the economic development of the town; 5. Develop water resources for the benefit of the inhabitants of the town; 6. Provide for the expansion and improvement to OF the town's water utility system; and 7. Secure economy in municipal expenditures and facilitate adequate provision of water system capacity and improvement. Section 14-1-2 Definitions A. In this chapter, unless the context otherwise requires: 1. "Applicant" means a person requesting the town to supply water service. 2. "Application" means a request to the town for water service or service area inclusion, as distinguished from an inquiry, as to the availability or charge for such service or inclusion. 3. "Commodity charge" means the unit cost of billed usage as set forth in the water rates and charges. 4. "Contributions in aid of construction" means funds provided to the town water utility by the applicant under the terms of a main extension agreement or service connection agreement, the value of which are not refundable. 5. "Customer" means the person or entity in whose name service is rendered, as evidenced by the name on the application or contractor Marana Town Code 14-1 + CONTRACT for that service, or by the receipt or payment of bills regularly issued in his name regardless of the identity of the actual user of the water service. 6. "Distribution main" means a water main of the town water utility from which service connections may be extended to customers. 7. "Main extension" means the mains and ancillary equipment necessary to extend the existing water distribution system to provide service to additional customers. 8. "Master meter" means a meter for measuring or recording the flow of water at a single location where said water is transported through a piping system to tenants or occupants for their individual consumption. 9. "Meter" means the instrument for measuring and indicating or recording the volume of water that has passed through it. 10. "Meter tampering" means a situation where a meter has been illegally altered. Common examples are meter bypassing, use of magnets to slow the meter recording, and broken meter seals. 11. "Minimum charge" means the amount the customer must pay for the availability of water service, including 1,000 gallons of usage. 12. "Person" means any individual, partnership, corporation, governmental agency or other organization operating as a single entity. 13. "Point of delivery" means the point where facilities owned, leased or under license by a customer connect to the town water utility's pipes at the outlet side of the meter. 14. "Premises" means all of the real property and apparatus employed by a single enterprise on an integral parcel of land undivided by public streets, alleys or other rights-of-way or easements. 15. "Service line" means a water line that transports water from a common source (normally a distribution main) of supply to the customer's point of delivery. 16. "TOWN" MEANS THE TOWN OF MARANA, PIMA COUNTY, ARIZONA, EXCEPT AS OTHERWISE PROVIDED. THE WORDS "IN THE TOWN" OR "WITHIN THE TOWN" SHALL MEAN AND INCLUDE ALL TERRITORY OVER WHICH THE TOWN HAS JURISDICTION FOR THE EXERCISE OF ITS POLICE POWERS OR OTHER REGULATORY POWERS AS AUTHORIZED BY STATUTE. Marana Town Code 14-2 Article 14-2 RESPONSIBILITIES Section 14-2-1 Responsibilities of the Council A. Aooointment:3. The council shall be responsible for the appointment of a to'v"v'n 'v'v'ater utility director. The tmvn manager shall appoint all :3uch other per:3onnel to fulfill the purpo:3es of this chapter. B. Adoption of Comprehensive Water Development Plan. The council may adopt a comprehensive water system development plan for the town system or any part thereof. Upon adoption of such a comprehensive water system development plan, the council shall assure that no extension, improvement or addition to the town water utility system or facilities over which the town has jurisdiction shall be constructed or authorized until and unless the extension, improvement or addition to the town water utility system or facilities shall be determined to conform to said comprehensive water system development plan. C. Adoption of Water Utility Construction Standards. The council shall be empowered to adopt and amend engineering design and construction standards for improvements to, extension EXTENSIONS of, additions to, and modifications of the town water utility system. D. Management of Water System by Independent Contractor. The council may, at its sole option and discretion, provide that the management of the town water utility system be accomplished by the use of an independent contractor. In the event the council determines that it is in the best interests of the inhabitants of the town to have the town's water utility managed by an independent contractor, the council shall select bids and proposals from individuals and entities with proven water utility management experience. Management fees are to be paid by the town from water utility revenues for such management services. .H_ E. Water Utility to be Enterprise Fund Based. There is established by this chapter a separate water utility fund, and all monies paid to the town pursuant to provisions of this chapter for, but not limited to, water service charges, fees, construction of facilities, fines and penalties shall be deposited into the water utility fund, and all expenditures made by the town in relation to the town's ownership, operation, maintenance, repair, expansion, acquisition, management, salaries, professional fees, debt service, bond payments and other costs and charges shall be paid from the water utility fund. The town council is hereby empowered to make loans from the general fund to the town water utility fund from time to time to supplement revenues generated by the town water utility in order to assure the timely payment of all obligations of the water utility, provided that such loans are timely repaid from the water utility fund to the general fund, together with interest. It is hereby declared to be the express policy and intent of the town that the town water utility shall be a self-supporting utility funded solely from revenues generated from utility operations. All fees and charges levied by the town in relation to its water utility shall be, to the degree practical, based on the cost of providing the service for which a fee or charge is levied. All fees and Marana Town Code 14-3 charges levied and collected by the town shall be uniform for the class of service or type of service provided throughout the water utility of the town. F. Amendments. The council may amend this code from time to time by simple majority vote of the entire council membership at a public meeting of the council, subject to the requirements of Article 14-11. Section 14-2-2 Water Utility Director A. Duties. IN ADDITION TO THOSE DUTIES AND RESPONSIBILITIES ENUMERATED HEREIN, the director of the town water utility shall ha'v'e the duties and responsibilities as determined by the council by resolution. The director shall be responsible for the day-to-day management of the town water system including, but not limited to, the inspection and repair of the water system, sufficiency of water supply, enforcement of this chapter, review of all engineering plans, review of all contracts, preparation of water system development plans, improvement or expansion plans, collection of all funds due to the town water utility, compliance with federal, state and local health regulations, compliance with federal, state and local ordinances and requirements in general, and preparation of annual budgets and preparation of capital improvement plans. O. Terms. The director of the vv'ater utility shall serve a term of appointment as determined by the council and shall serve in such capacity at the pleasure and discretion of the council. C. Comoensation. The council shall pro'v'ide, upon hiring the water utility director, the terms and compensation to be pro'v'ided by the tovm to such director. Section 14-2-3 Water Utility Advisory Committee A. Creation. There is hereby established an entity to be called the Marana Water Utility Advisory Committee. Members shall be appointed by a majority vote of the mayor and council. B. Functions and Purposes. The functions, purposes, powers and duties of the Marana Water Utility Advisory Committee shall be to: 1. Act as the official advisory body on water capital improvement program planning and rate structure formulation to the council; 2. Annually review the proposed water system capital improvement program and recommend to the council an annual and five-year capital budget; 3. Annually review the water revenue requirements of the water utility and recommend to the council rate adjustments as required; 4. Review and report to the council on the comprehensive water system development plan and any long-term (ten to fifty year) water source and Marana Town Code 14-4 capital needs of the water system, utilizing staff of the town and other sources for the information necessary for such review; 5. Support and sponsor community programs and projects to provide information and education to the community regarding the town water utility; 6. Review and make recommendations on proposed state and federal legislation relating to water; 7. Review and make recommendations on proposed acquisition of private water companies and expansion of the water utility service area; 8. Consult with the council from time to time as may be required by the council relative to water related issues. C. Membership Composition; Terms and Qualifications. The Marana Water Utility Advisory Committee shall be composed of seven members, two of whom shall be residential customers, one of whteh WHOM shall be a commercial customer, one of whom shall represent agricultural interests and three of whom shall represent areas of the town at large. Members of the water utility advisory committee shall serve terms of three years, which terms shall be staggered. The initial members of the water utility advisory committee shall draw lots to determine which four members shall have an initial term of one year and which three members shall have an initial term of three years. Thereafter members shall serve terms of three years. [amended by Ord. No. 96.35] D. Committee Orqanization. The Marana Water Utility Advisory Committee chairperson and a vice-chairperson shall be selected by a majority of the committee members annually on the second Monday of December and shall appoint their own executive committee, standing committees and subcommittees and shall meet at such time and places as determined by the committee. E. Committee Reports. The Marana Water Utility Advisory Committee shall render to the council an annual report on or before March 1 and send additional reports and recommendations as it determines or as requested by the town manager. Minutes of the committee shall be filed with the town clerk. F. Limitation of Powers. Neither the Marana Water Utility Advisory Committee nor any member of the committee may incur town expenses without prior authorization of the council, nor may it obligate the town in any manner or form. Marana Town Code 14-5 Article 14-3 WATER SERVICE Section 14-3-1 Application for Service A. Water utility service may only be provided pursuant to a written application on forms provided by the town for that purpose. The town, as a condition precedent to approving an application for water service to any premises, shall collect all installation and other charges required by this chapter. Title to all pipes, fittings and other water facilities shall be and remain in the town. Where service is requested by two or more individuals, the town shall have the right to collect the full amount owed for water utility service from anyone of the applicants at the town's discretion. B. The following mInimum information shall be required from each new applicant for water utility service: 1. Name of applicant, SOCIAL SECURITY NUMBER, OR DRIVER'S LICENSE NUMBER; 2. Service address or location and telephone number; 3. Billing address and telephone number if different than service address; 4. Address where water service was provided previously; ,,,,,,,,- 5. Date applicant will be ready for service; 6. Indication of whether premises have been supplied with water utility service previously; 7. Purpose for which service is to be used; 8. Indication of whether applicant is owner, tenant or agent for the premises; 9. PLACE OF EMPLOYMENT. Section 14-3-2 Deposits A. Requirement of Deposit; Amount. The town may require a deposit from an applicant for service not to exceed twice the average monthly bill for the account or in the case of a new account, twice the estimated monthly bill, or in the case of an account which has shown delinquency for three consecutive months as a condition of providing water service. A separate deposit may be required for each meter installed. The town may review the customer's water usage after service has been connected and adjust the deposit amount up or down based on the customer's actual water usage. B. Interest on Deposit; Refund of Deposit. Customer deposits shall be deposited in a bank account of the town's choosing. No interest shall be paid to customers on deposits. The individual in whose name the deposit is made shall be responsible for the payment of all bills incurred in connection with the Marana Town Code 14-6 service furnished. The guaranteed deposit is not negotiable and can be redeemed only at the town water utility collection office upon c105ing of the account. C. Use of Deposit for Payment of Bill. Upon discontinuation of service, the deposit will be applied by the town toward settlement of the account. D. HOMEOWNER CUSTOMERS. FOR NEW CUSTOMERS WHO ARE HOMEOWNERS WITH THREE (3) FORMER OUTSTANDING UTILITY CREDIT REFERENCES, THE DEPOSIT MAY BE WAIVED. FOR EXISTING HOMEOWNERS AND ANY HOMEOWNERS WHO HAVE TO MAKE DEPOSITS, THE DEPOSIT WILL BE CREDITED TO THEIR ACCOUNT AFTER ONE YEAR OF OUTSTANDING CREDIT HISTORY. Section 14-3-3 Bond The town may, at its option, require a utility service bond in lieu of a cash deposit for commercial and industrial applicants for service. Such utility service bond shall be on a form approved by the town attorney, and the town water utility director shall have the power to execute such bond on behalf of the town. The provisions of Sections 14-3-1 and 14-3-2 shall apply to utility service bonds. Section 14-3-4 Grounds for Refusal of Service "'~ A. The town may refuse to establish water utility service if any of the following conditions exists EXIST: 1. The applicant has an outstanding amount due for water service with the town, and the applicant does not bring current its ANY outstanding bills; 2. A condition exists which in the town's judgment is unsafe or hazardous to the applicant, a resident of the town or the town's personnel or facilities; 3. Refusal by the applicant to provide the town with a water utility deposit; 4. Failure of customer to furnish such funds, service, equipment or rights-of- way necessary to serve the customer and which has been specified by the town as a condition for providing water utility service; 5. Applicant provides false information for the purpose of obtaining service. Section 14-3-5 Temporary Service Applicants for temporary water service may be required to pay the town, in advance of service establishment, the estimated cost of installing and removing the facilities necessary for furnishing the desired service. The applicant may be required to advance a sum of money equal to the estimated bill for service. Where the duration of service is to exceed one month, the applicant may also be required to pay the deposit for service required by the town. Any service for a period of more than six months shall be deemed a permanent service, and provisions of this chapter relating to permanent service shall apply. Marana Town Code 14-7 Section 14-3-6 Service Lines, Valves and Meters An applicant for water utility service shall be responsible for the cost of installing all customer piping up to the meter. Where water service is being provided for the first time or to a new customer, the customer shall provide and maintain a private cutoff valve within eighteen inches of the meter on the customer's side of the meter. The town may install its water meter at the property line or, at the town's option, on the customer's property. Where the meter or service line location on the customer's premises is changed at the request of the customer or due to alterations on the customer's premises, the customer shall provide and have installed at his expense all piping necessary for relocating the meter, and the town may charge for moving the meter or service line. The customer's lines or piping must be installed in such a manner as to prevent cross-connection or backflow. Section 14-3-7 Easements and Rights-of-Way Each customer of the town water utility shall grant adequate easement or right- of-way satisfactory to the town to ensure that customer's service connection is accessible by the town. Failure on the part of the customer to grant adequate easement or right-of-way shall be grounds for the town to refuse water utility service. When the town discovers that a customer or his agent is performing work or has constructed facilities adjacent to or within an easement or right-of- way and such work, construction or facility poses a hazard or is in violation of federal, state or town laws, ordinances, statutes, rules or regulations, or may significantly interfere with the town's access to its water utility facilities or equipment, the town shall notify the customer or his agent and shall take whatever actions are necessary to eliminate the hazard, obstruction or violation at the customer's expense. Article 14-4 CONSTRUCTION AND FINANCING OF WATER FACILITIES Section 14-4-1 Agreements to Construct New Facilities A. Approval of Agreements to Construct New Facilities. The council may permit the construction of water facilities to provide water service in areas where no water service is available, or where existing water facilities are inadequate in the sole opinion of the council to serve the proposed new customers. Agreements for construction of water facilities shall provide that all costs be at the sole expense of the applicant for service, except as otherwise noted in such agreement. Costs shall include, but not be limited to, engineering and design fees, materials, labor, applicable taxes, permits and inspection fees. Facilities shall include, but not be limited to, wells, pumps, storage tanks and reservoirs, mains, valves, meters and other appurtenances to the water system both within an applicant's proposed development as well as outside the development if such facilities are deemed necessary or desirable in the sole opinion of the town to serve the new development. All agreements for the construction of water facilities shall be subject to the final approval of the council. No agreement for the construction of water facilities shall be submitted for approval by the council unless such agreement has been reviewed and approved by the town attorney, and the engineering plans Marana Town Code 14-8 have been approved by the town engineer and the director of the town water utility. B. Main Extension Aqreements. BEFORE CONSTRUCTION IS COMMENCED, the applicant for the extension of mains shall be required to pay to the town, as a nonrefundable advance in aid of construction, before com~truction is commenced, the estimated cost of all mains, including all valves and fittings, and any water production, storage or pressure system, as deemed necessary and convenient by the town to provide water service to applicant's property. 1. Upon request by a potential applicant for a main extension, the town water utility will prepare a preliminary sketch and preliminary estimate of the cost of installation to be paid by said applicant. The town reserves the right to require applicant to pay the costs of the preliminary sketch and rough estimate. Any applicant for a main extension requesting the town water utility to prepare detailed plans, specifications or cost estimates shall be required to deposit with the town an amount equal to the estimated cost of preparation and review. The town water utility shall, upon written request, make available to applicant within sixty days after receipt of the deposit referred to herein, such plans, specifications or cost estimates of the proposed main extension. This deposit shall be nonrefundable. 2. In the event that the town's actual cost of construction is more than the amount advanced by the applicant, the applicant shall pay the balance due to the town within thirty days after the completion of the construction. 3. AT A MINIMUM, main extension agreements shall have the minimum following written requirements: (i) Name and address of applicant; (ii) Proposed service address; (iii) Description of requested service; (iv) Description, if any, of the requested line extension; (v) Itemized cost estimate to include materials, labor and other costs as necessary; (vi) Payment terms; (vii) A clear and concise explanation of any oversizing refund provisions, if applicable. ,,~ 4. The size, design, type and quality of materials of the system, installed pursuant to agreement with the town, locations in the ground and manner of installation, shall all be specified by the town and shall be in accordance with the requirements of other public agencies having authority therein. Marana Town Code 14-9 5. All pipelines, valves, fittings, wells, tanks, reservoirs or other facilities installed by agreement with the town shall be the sole property of the town, and parties making advances in aid of construction under this chapter shall have no right, title or interest in any such facilities. Section 14-4-2 Construction Other Than by Town A. Construction. The council, at its sole discretion and option, may permit construction of water facilities by private contract upon written application. The facilities will be constructed at the sole expense and cost of the applicant within streets, avenues, alleys and rights-of-way pursuant to grants of easements subject to payment of any excavation, permit or other fees which are due to the town. B. Approval of Construction Plans and Inspections. Plans for construction of water facilities to be constructed other than by the town shall be provided by applicant, certified by a registered professional engineer and approved by the town engineer and director of the town water utility. The construction of water facilities authorized and approved by the council will be inspected by the town engineer or his authorized representative and will comply in every respect with the engineering, construction, material and installation standards of the town. -- C. Construction Agreement. With each application for a permit for the construction of water facilities authorized by this section, the applicant shall execute and deliver to the director of the town water utility, in duplicate, the agreement for construction thereof by private contract. If the agreement conforms with the provisions of this chapter, the town water utility director may submit the agreement for approval to the council. The applicant shall further provide a bond in a form and in an amount satisfactory to the director before commencing any construction. Section 14-4-3 Capacity Requirements A. Water System Capacity Reauirements. The director of the town water utility may require an applicant to install "on-site" or "off-site" water facilities of a size greater than is required to provide service to applicant's development, referred to as oversizing. B. Refunds. Refunds of the cost of oversizing shall be solely by agreement approved by the council. Should a water distribution main installed pursuant to this section be installed in such a manner as to provide water service to a property not participating in the construction cost, (hereinafter referred to as "nonparticipating property") the town may enter into an agreement for partial refund of the cost of the water main so installed, subject to the following: 1. In no case will the agreed refunded amount exceed the total funds to be collected as oversizing charges pursuant to this section; 2. Such refunds shall continue for a maximum of fifteen years from the date of the agreement. Any balances remaining unpaid shall be considered Marana Town Code 14-1 0 canceled, and the town shall be fully discharged from any further obligation under the agreement; 3. The amount of the annual refund shall not exceed ten percent of the gross revenue derived from water sales from the benefiting but nonparticipating property; 4. In no event shall the town be liable to pay any interest on any amount of costs advanced by an applicant which are agreed to be refunded by the town. C. Oversizinq Recovery Charqe. In lieu of annual refunds from the gross revenue derived from water sales from the benefiting but nonparticipating property, the council may, at its sole option, establish an "oversizing recovery charge" to be charged against non-participating property for each subsequent connection by non-participating property owners made to or benefiting from the water facilities previously paid for by a prior applicant, and provide by agreement with the applicant funding the oversizing for refund of the oversized capacity costs from revenues derived from said oversizing recovery charge. ~""""""" 1. The oversizing recovery charge shall be determined by computing the total cost of the water facility improvement, determination of BY DETERMINING other property which will benefit from the oversized capacity, allocation of BY ALLOCATING the capacity installed between the original applicant's property and any nonparticipating property benefiting from the capacity installed, and determination of BY DETERMINING a per connection pro rata cost share for the oversized capacity by meter size of new connections. The per connection pro rata cost share for the oversized capacity shall be the oversizing recovery charge. 2. No oversizing recovery charge shall be levied or collected by the town unless approved by the council. No oversizing recovery charge shall be in effect for more than fifteen years. 3. Proceeds from an oversizing recovery charge authorized by the town to pay for oversized capacity installed at the expense of an original applicant shall be used to refund the applicant's costs incurred for such oversizing. The town shall, on or before June 30th of each calendar year, pay to the applicant pursuant to an approved refund agreement, the proceeds collected from the oversizing recovery charge applicable to applicant's water system oversizing costs derived from nonparticipating property. At the end of fifteen years from the date of the agreement and effective date of the applicable oversizing recovery charge, any balances remaining unpaid shall be considered canceled, and the town shall be fully discharged from any further obligation under the agreement. 4. No interest shall be paid by the town for any amount agreed to be refunded pursuant to an agreement under this section. Marana Town Code 14-11 Article 14-5 SERVICE AREA INCLUSION AND FEES Section 14-5-1 GENERAL PROVISIONS A. WATER IMPROVEMENTS. THE DEVELOPER SHALL DESIGN AND CONSTRUCT A WATER PUMPING AND DELIVERY SYSTEM TO THE GREATER OF THE DESIGN STANDARDS OF (i) THE CITY OF TUCSON WATER DEPARTMENT, OR (ii) THE TOWN OF MARANA WATER DEPARTMENT, CAPABLE OF SERVING THE WATER NEEDS OF ALL COMMERCIAL AND NONCOMMERCIAL DEVELOPMENT, SIZED TO SERVE THE MAXIMUM AUTHORIZED DEVELOPMENT OF THE PROPERTY. UPON COMPLETION OF EACH PORTION OF THE SYSTEM AND WHEN A RATE ANALYSIS SHOWS THAT PORTION OF THE WATER SYSTEM TO BE FINANCIALLY SELF-SUSTAINING, THE DEVELOPER SHALL DEDICATE THE SYSTEM TO THE TOWN, WITHOUT COST TO THE TOWN NOR ADDITIONAL COST TO THE DEVELOPER, AND THE TOWN SHALL THEREAFTER OPERATE THE SYSTEM AS AN INTEGRAL PART OF ITS MUNICIPAL WATER UTILITY. THE EXTENT OF THE WATER SYSTEM, ITS DESIGN REQUIREMENTS AND ITS TURNOVER REQUIREMENTS SHALL BE THE SUBJECT OF A SEPARATE, DEFINITIVE AGREEMENT BETWEEN THE TOWN AND THE DEVELOPER, TO BE COMPLETED PRIOR TO THE APPROVAL OF THE FIRST PRELIMINARY PLAT. .- B. INTERCONNECTION LINE. THE DEVELOPER AGREES TO CONSTRUCT AN INTERCONNECTION LINE TO THE SPECIFICATIONS AND SCHEDULE AS AGREED TO BETWEEN THE PARTIES. IN THE EVENT THE DEVELOPER OR CONTRACTOR(S) INSTALL(S), TO THE TOWN'S SPECIFICATIONS, AUTOMATED METERS, SENSORS, AND OTHER NECESSARY EQUIPMENT FOR AUTOMATIC METER READING, AND SUPPORTS THE TOWN IN OBTAINING THE NECESSARY AUTOMATIC READING EQUIPMENT FROM THE SUPPLIER, THE TOWN AGREES THAT IT SHALL WAIVE WATER CONNECTION AND INSTALLATION FEES. Section 14-5-2 Fees Any property owner wishing to have his property induded in the water utility . service area of the town water utility system, in the event such property was not previously within the service area of a public service corporation water utility purchased or acquired by the town or within the boundaries of the Cortaro Water Users Association municipal water utility service area, shall pay the sum of five dollars ($5.00) FIVE HUNDRED ($500.00) DOLLARS per acre or fraction thereof for un-subdivided land, or tv"v'o dollars ($2.00) TWO HUNDRED ($200.00) DOLLARS per platted subdivision lot for property with a recorded subdivision plat, as a service area inclusion fee. Marana Town Code 14-12 Section 14-5-3 Application Any property owner desiring to have his property included in the water utility service area of the town shall apply for inclusion on the form provided by the town. The form shall require the name of the property owner, a legal description of the property proposed to be included and the authorized signature of the owner of the property requesting approval, said signature acknowledged pursuant to A.R.S. S33-506. No application for inclusion in the water utility service area shall be considered unless the service area inclusion fee has been paid and the required information and authorized signature of the property owner has been provided. Section 14-5-4 Approval Required for Inclusion Applications for service area inclusion for property located within or without the incorporated limits of the town, but outside the boundaries of a water utility public service corporation or the Cortaro Water Users Association municipal water service area, shall be subject to approval by the director of the town water utility upon completion of the required application and payment of the service area inclusion fee. Applications for service area inclusion outside of the incorporated limits of the town shall be subject to the approval of the council, which may, at its sole option, decline to approve such inclusion without cause. In the event an application for service area inclusion outside the incorporated limits of the town is rejected, the applicant's service area inclusion fee shall be nonrefundable. Section 14-5-5 Effect of Inclusion Inclusion in the water utility service area of the town shall entitle the property owner to make application for water utility service, subject to the provisions of this chapter including requirements that applicant pay all costs for construction and installation of a water system. The service area inclusion fee shall be in addition to other fees and charges required by the town to obtain water service. Section 14-5-6 Service Agreement Inclusion in the water utility service area of the town by agreement does not constitute an actual water utility service agreement. An applicant for inclusion . into the water utility service area of the town need not simultaneously apply for actual water service nor enter into a water facilities construction agreement. However, an applicant for service area inclusion must provide the town with any proposed development plans or subdivision plats the applicant may have to enable the town to appropriately forecast its future water demands and include the property in its application for an assured water supply designation. The town reserves the right to require conveyance to the town of wells, well sites, rights-of- way and easements as a condition of service to a new applicant for service area inclusion. Marana Town Code 14-13 .1'- Section 14-5-7 Data Requested In the event the service area inclusion applicant has any hydrologic or well data concerning his property, such data shall be required to be provided as part of the service area inclusion application. Section 14-5-8 Inclusion Does Not Constitute 100 Year Water Adequacy Payment of the service area inclusion fee shall not be deemed as a guaranty that the town has now or will be successful in the future in obtaining an assured water supply designation for the town's water utility service area, including the applicant property, pursuant to A.R.S. 945-576. Article 14-6 PROVISION OF WATER UTILITY SERVICE Section 14-6-1 Customer Responsibility A. Each customer of the town water utility shall be responsible for the following: 1. Maintaining all facilities on the customer's side of the point of delivery or meter in a safe and efficient manner and in accordance with the rules of the Pima County Health Department, the town and any other jurisdiction with regulatory powers over such connections; 2. Safeguarding all town water utility property installed in or on the customer's premises for the purpose of supplying water to that customer; 3. Exercising all reasonable care to prevent loss or damage to town water utility property, excluding ordinary wear and tear. The customer shall be responsible for loss of or damage to town water utility property on the customer's premises arising from neglect, carelessness or misuse and shall reimburse the town for the cost of necessary repairs or replacements; 4. Payment of any equipment damage resulting from unauthorized breaking of seals, tampering or bypassing the town water utility meter; 5. Notifying the town of any failure identified in town water utility equipment; 6. Paying all water rates, charges and fees when due. B. Water furnished by the town shall be used only on the customer's premises and shall not be resold to any other person. During critical water conditions, as determined by the council, the customer shall use water only for those purposes specified by the council. Disregard for this provision shall be sufficient cause for refusal or discontinuance of water utility service by the town. C. Each customer shall provide the town and its employees and agents the right of safe ingress and egress to the customer's premises for any purpose reasonably connected with the town's water utility property used in furnishing Marana Town Code 14-14 service and the exercise of any and all rights secured to it by law or this chapter. Section 14-6-2 Payment of Bills Water rates, charges or fees are due and payable at TO the town ftatt upon billing. Any water rates, charges or fees not paid in full by the fifteenth of the month, or 'v'v'ithin tv~el'v'e days of NEXT billing DATE, whichever is later, shall result in a late charge of $5.00 in addition to the balance due. Section 14-6-3 Grounds for Termination of Service A. Water service to a customer may be terminated by the town upon ten (10) days advance written notice for any of the following reasons: 1. Customer violation of any of the provisions of this chapter; 2. Failure of the customer to meet or maintain the town water utility's credit and deposit requirements; 3. Failure of the customer to provide the town reasonable access to its water utility equipment and property; 4. Failure of a customer to pay a delinquent bill for utility service. ,'.-, Section 14-6-4 Nonpayment of Delinquent Bill; FILING OF LIEN; INTEREST A. If any bill for a water rate, charge or fee made to the customer pursuant to this chapter is not paid by the fifteenth of the month NEXT BILLING DATE, the customer shall be given written notice specifying that the bill is past due. The customer shall be gi'v'en 'iv'ritten notice specifying that the bill is delinquent and outlining the procedure by which the customer may challenge the accuracy of the bill. If a delinquent bill is not paid and no challenge has been made to the accuracy of the bill within ten days of AFTER the notice of delinquency, the water supply will, without further notice, be turned off, and not turned on until all sums due are paid in full, together with a charge for reconnection after delinquency as provided in Article 14-7. . B. PURSUANT TO ARIZONA REVISED STATUTES 99-511.02, THE TOWN MAY FILE A LIEN ON THE PROPERTY FOR UNPAID FEES THAT ARE AT LEAST NINETY (90) DAYS DELINQUENT. THE TOWN MAY ENFORCE THE LIEN BY ANY METHOD PERMITTED BY LAW. UNPAID FEES SHALL ACCRUE INTEREST AT THE RATE PROVIDED BY ARIZONA REVISED STATUTES 944-1201. Section 14-6-5 Reconnection of Service In no case shall any individual or plumber turn on the water supply to any building or any supply pipe where the supply has been turned off for the nonpayment of the monthly water bill or for the violation of any provision of this chapter. All water that has been turned off by the town water utility shall only be turned on again by the employees or agents of the town water utility. Marana Town Code 14-1 5 Section 14-6-6 Challenge of Accuracy of Water Bill A. The procedure by which a customer may challenge the accuracy of a water bill and the determination of the validity of such challenge shall be as follows: 1. The customer shall notify the town, in writing, of the challenge of the accuracy of the water bill and the reasons therefor. In the event the customer has received a notice of delinquency, such challenge shall be filed within ten days of the date of the notice of delinquency. 2. The customer may request that the meter be re-read or the meter be tested, provided the customer pays the meter re-read charge or the meter test charge in advance in the amount as provided for in Article 14- 7. A request for meter re-read or meter retest, paid for by the customer, shall constitute a challenge to the accuracy of the water bill. 3. In the event the meter reading is found to be in error due to a meter re- read or meter test, the town shall refund the cost of the meter re-read or meter test paid by the customer and rebill the customer. Customer shall have twenty days to pay the delinquent bill which had been challenged and a rebill sent. 4. The director of the town water utility may appoint a hearing officer to investigate all challenges of the accuracy of water bills, when such challenge does not include a request for a meter re-read or meter retest. The hearing officer shall meet with the customer challenging the accuracy of the water bill. The hearing officer shall be empowered to make a decision as to the validity of the customer's challenge and, if he finds the customer's challenge to be valid, shall be empowered to make the appropriate correction to the bill. If it is necessary for determination of the merits of the customer's complaint for the hearing officer to have a more complete set of facts before him at the time of meeting with the customer, he or she shall make whatever investigation is necessary before rendering a decision. 5. The customer's water service shall not be terminated until and unless the hearing officer completes his or her investigation and finds the customer's challenge to be without merit, or until the requested meter re- read or meter retest has been conducted and the meter has been found to be working properly. 6. If the hearing officer rules that the bill rendered to the customer is accurate, such finding is final. Section 14-6-7 Deposit Requirement After Termination The town shall require as a condition of reestablishing water service in the event of termination due to nonpayment of a delinquent water bill, payment in full of all amounts due and owing and payment of a water utility deposit. Marana Town Code 14-16 Section 14-6-8 Termination Without Notice A. Water utility service to a customer may be terminated by the town, without advance written notice, under the following conditions: 1. The existence of an obvious hazard to the safety or health of the customer or the general population; 2. The town has evidence of water meter tampering or fraud; 3. Unauthorized resale of water or use of water utility services; 4. Failure of a customer to comply with the curtailment procedures imposed by the council during supply shortages. Section 14-6-9 Service Obligations of Town A. Level of Service. The town shall make reasonable efforts to supply a satisfactory and continuous level of service to its customers. B. Non-liabilitv. The town shall not be responsible for any damage or claim of damage attributable to any interruption or discontinuation of service resulting from: 1. Any cause against which the town could not have reasonably foreseen or made provision for, such as but not limited to-:-+.e:-, force majeure; 2. Intentional service interruptions to make repairs or perform routine maintenance; 3. Any service interruption caused by facilities purchased by the town from existing private water companies; 4. Curtailment. C. Service Interruptions. The town shall make reasonable efforts to reestablish service within the shortest possible time when service interruptions occur. In the event of national emergency or local disaster resulting in disruption of normal service, the town may, in the public interest, interrupt service to provide necessary service to civil defense, fire protection or other emergency service agencies on a temporary basis until normal service to these agencies can be restored. When the town plans to interrupt service for more than four hours to perform necessary repairs or maintenance, the town shall attempt to inform affected customers at least twenty-four hours in advance of the scheduled day and the estimated duration of the service interruption. Such repairs shall be completed in the shortest possible time to minimize inconvenience to customers of the town water utility. Notice to customers shall not be required in the event of an emergency or an outage due to unanticipated events or causes. Marana Town Code 14-17 D. Minimum Delivery Pressure. The town shall maintain a minimum standard delivery pressure of 20 pounds per square inch gauge (PSI G) at the customer's meter or point of delivery. E. Construction Standards. The town shall construct all facilities in accordance with the guidelines established by the Arizona Department of Health Services, the Arizona Department of Environmental Quality, the town and any other jurisdiction with authority over the construction standards for public water supplies. Section 14-6-10 Meter Reading; Measurement of Service A. Each customer's meter shall be read monthly on as close to the same day as practical. All water delivered by the town water utility shall be billed on the basis of metered volume sales, except that the town may, at its option, provide a fixed charge schedule for the following: 1. Temporary services where water use can be readily estimated; 2. Public and private fire protection service; 3. Water used for town purposes. Section 14-6-11 Customer Requested Meter Re-Reads At the request of a customer, the town shall re-read the customer's meter within ten working days after such request by the customer. Any re-reads shall be charged to the customer at the rate provided for in Article 14-7, provided that the original reading was not in error. Section 14-6-12 Customer Requested Meter Tests At the request of a customer, the town shall test the customer's meter. Meter tests shall be conducted within ten working days after such request by the customer. Meter tests shall be charged to the customer at the rate provided for in Article 14-7, provided that the meter was not found to be in error by more than three percent. Section 14-6-13 Billing and Collection A. Meter Reading. The town shall bill its customers monthly for water services rendered. Meter readings shall be scheduled for periods of not less than twenty-five days nor more than thirty-five days. If the town is unable to read the meter on the scheduled meter read date, the town will estimate the consumption for the billing period giving consideration to the following factors where applicable: 1. The customer's usage during the same month of the previous year; 2. The amount of usage during the preceding month. Marana Town Code 14-18 3. Failure on the part of the customer to comply with a reasonable request by the town for access to its meter may lead to discontinuance of service. B. Estimated Bills. conditions: Estimated bills will only be issued under the following 1. Conditions which prevent the town from reading the meter; or 2. Circumstances that make it dangerous or impossible to read the meter; i.e., locked gates, blocked meters, vicious or dangerous animals, threatening conduct of the customer, etc. 3. Each bill based on estimated usage will indicate that it is an estimated bill. C. Combininq Meters. Each meter at a customer's premises will be considered separately for billing purposes, and the readings of two or more meters will not be combined unless the town, in its sole judgement, determines good cause exists to combine meter readings. D. Minimum Bill Information. Each bill for water utility service will contain the following minimum information: 1. Date and meter reading at the start of a billing period; 2. Previous month's meter reading; 3. Bill usage; 4. Town water utility telephone number; 5. Customer's name; 6. Service account number; 7. Amount due and due date; 8. Past due amount plus interest (where appropriate); 9. Other charges and taxes (where applicable). E. Billinq Date. The date a bill is rendered may be evidenced by any of the following: the postmark date, the mailing date, certified mail or certificate of mailing. Article 14-7 WATER RATES AND CHARGES Section 14-7-1 Monthly Charges A. Charges for water utility service shall be made at monthly intervals and shall, to the extent consistent with the express policy to charge for water in direct proportion to the cost of securing, developing and delivering water to the Marana Town Code 14-19 customers of the town water system, recover all capital, operational and maintenance costs associated with or attributable to providing water service through the town water system. Water charges will be computed through the summation of a monthly water service fee plus a monthly water use charge, plus any applicable state or local sales taxes. B. The monthly water service fee (including the first 1,000 gallons of water) shall be based upon the meter size, and shall be as follows: Meter size %x%" %x>~" 1" 1~" 2" 3" 4" 5" 6" meter meter meter meter meter meter meter meter meter Minimum Charqe $ 14.00 $ 14.00 $ 34.00 $ 37.00 $ 43.00 $ 58.00 $ 102.00 $ 152.00 $ 202.00 per month per month per month per month per month per month per month per month per month C. The monthly water use fee shall be $2.55 PER 1,000 GALLONS FOR EACH 1,000 GALLONS ABOVE THE MINIMUM SERVICE FEE. 1. ror each 1,000 gallons above the minimum service fee, $2.55 per 1,000 gallons. D. WHEN A CUSTOMER HAS A METER LARGER THAN 5/8" X 3/4" THAT IS REQUIRED FOR FIRE PROTECTION, SPRINKLER, OR OTHER FIRE- RELATED REASONS IN A RESIDENTIAL HOME, THE MINIMUM CHARGE WILL BE ASSESSED AS THOUGH THE METER WERE ONLY 5/8" X 3/4", SO LONG AS THE CUSTOMER'S WATER USAGE DOES NOT EXCEED 15,000 GALLONS IN ANY BILLING PERIOD. IF THE HOUSEHOLD USAGE EXCEEDS 15,000 GALLONS IN ANY BILLING PERIOD, THE CUSTOMER SHALL BE CHARGED THE MINIMUM CHARGE ASSOCIATED WITH THE ACTUAL METER SIZE, AS SET OUT IN SUBSECTION B OF THIS SECTION. . Section 14-7-2 Installation Charges A. There shall be an installation charge for all water service connections. This charge shall include the cost of the water meter, valves, boxes and installation. Marana Town Code 14-20 B. Deposits and charges for the installation of a metered water service connection shall be based upon the size of the meter installed, and shall be as follows: Guarantee SECURITY Ingtallation CONNECTION Meter Size ~ x 5fa" Deposit $ 50.00 $ 75.00 $ 50.00 Charge $ 500.00 %x%" $ 500.00 1" $ 60.00 $ 85.00 $ 70.00 $ 95.00 $110.00 $135.00 $ 850.00 1 W' $1300.00 2" $1700.00 STANDPIPE: RESIDENTIAL $ 50.00 $100.00 COMMERCIAL Connection INSTALLATION Charge $ 100.00 $ 400.00 $ 100.00 $ 250.00 $ 550.00 $ 600.00 $ 900.00 $1000.00 $1300.00 Total $ 675.00 $ 975.00 $ 650.00 $1185.00 $1485.00 $1995.00 $2295.00 $2835.00 $3135.00 C. The installation charge for a metered water service connection in excess of two (2) inches in diameter shall be the town's actual cost, including labor, materials and administrative costs, for installing such meter. D. In addition to any service line installation charge, all applicable permit fees, right-of-way costs or unusual construction costs shall be added and paid for by the applicant at the time of his application. E. Installation charges assume availability of an existing water main contiguous to the applicant's property. In the event a main extension is required, applicant shall pay all costs for such main extension, which costs shall be non-refundable. F. Guarantee Deposits are refunded when customer moves or requests a discontinuance of service, provided all water bills are paid in full. G. Connection fees are designed to reflect approximate and appropriate costs of replacing the demand on existing water supply sources created by each new service. All connection fees are to be retained in a separate and special fund and account to be used for water source development to upgrade and improve existing systems. Funds could be used to pay for appropriate portions of any new source development that was partially paid for by a developer to serve a new area and which has excess capacity that could be interconnected and benefit existing customers. Funds could also be used to Marana Town Code 14-21 develop facilities to take and treat C.A.P. water if that were to become a viable alternative for existing sources in the future. H. Set charges for installations reflect estimated expenses and are the required up-front charges. These are estimated charges for the simplest type of installation. The actual cost of installation will be billed as determined by the Marana Municipal Water System. The actual cost will be increased in the case of pavement cutting, excessive length, rocky ground, or any other additional cost inflating factors, or if the actual costs are less than the installation charge, the excess will be refunded. Since the installation of large meters involves such variable situations, these will be evaluated individually and an estimate will be made in each case. The same policy of actual cost to Marana Municipal Water System would apply. Large meter installations can be made by the customer's contractor provided the contractor builds to Town standards and furnishes proof of CONTRACTOR licensing AND TOWN BUSINESS LICENSING. All final inspections and approvals shall be made by Marana Municipal Water System personnel. I. WHERE THE WATER SYSTEM, INCLUDING WELLS AND ALL INFRASTRUCTURE, IS PAID BY THE DEVELOPER, THE DEVELOPER SHALL NOT PAY THE INSTALLATION AND CONNECTION CHARGE PER SECTION 14-7-2, BUT SHALL HAVE A LICENSED CONTRACTOR INSTALL THE SYSTEM WITH CURRENT TECHNOLOGY IN ACCORDANCE WITH TOWN STANDARDS. ALL OTHER CHARGES IN "- SECTION 14-7-3 SHALL APPLY. Section 14-7-3 Other Service Charges A. New Service Establishment Fee: $19.00. The new service establishment fee is for the cost of establishing the new customer service account during regular working days (Monday through Friday) between the hours of 9:00 a.m. and 4:00 p.m., holidayg excepted, AND REQUIRES A TWENTY- FOUR (24) HOUR NOTICE. NO SERVICE CONNECTIONS WILL BE MADE AFTER HOURS, WEEKENDS OR HOLIDAYS EXCEPT IN AN EMERGENCY SITUATION AS DETERMINED BY THE MARANA MUNICIPAL WATER SYSTEM. B. New Service Establishment Fee After Hours: $45.00. C. Reconnect Fee (Delinquent Account): $19.00 (plus bring account current). The reconnect fee shall be for the cost of reestablishing water service after water service has been terminated for any other reason AND REQUIRES A TWENTY-FOUR (24) HOUR NOTICE. AFTER-HOURS RECONNECT FEE IS $45.00. IF THERE IS A DELINQUENT BALANCE DUE, THIS AMOUNT MUST BE PAID IN FULL BEFORE SERVICE WILL BE RECONNECTED. "..,....... D. Customer Requested Re-read of Meter: $35.00. This fee shall be refundable in the event the meter is found to not TO be reading accurately, defined as an error of greater than 3%. Marana Town Code 14-22 E. Check Returned for Insufficient Funds: $12.00. This fee shall be added to a customer's water bill in the event the check for payment is returned unpaid due to insufficient funds, closed account or stop payment. F. Customer Requested Meter Test: $40.00. This fee shall be refundable to the customer in the event the meter is found not to be reading accurately, defined as an error of greater than 3%. G. Late Payment Fee: $ 5.00. H. VACATION SERVICE: $14.00. THIS SERVICE DISCONNECT WHEN THE CUSTOMER LEAVES ONE RECONNECT WHEN THE CUSTOMER RETURNS. CONSISTS OF ON VACATION ONE AND Article 14-8 EMERGENCY WATER CONSERVATION RESPONSE Section 14-8-1 Declaration of Policy It is hereby declared that because of varying conditions related to water resource supply and distribution system capabilities wttftift OPERATED BY the Town of Marana, it is necessary to establish and enforce methods and procedures to ensure that in time of emergency shortage of the local water supply, (1) the water resources available to the re5ident5 CUSTOMERS of the teWft WATER SYSTEM are put to the maximum beneficial use, (2) the unreasonable use, or unreasonable method of use is prevented, and (3) the conservation of water is accomplished in the interests of the customers of the town water utility, customers of other water utilities located within the town and for the public health, safety, and welfare of the residents of the town. Section 14-8-2 Definitions A. In this article, unless the context otherwise requires: 1. "Economic hardship" means a threat to an individual's or business' primary source of income. 2. "Notification to the public" means notification through local media, including interviews, and issuance of news releases. 3. "Outdoor watering day" means a specific day, as described in a specific outdoor watering plan, during which irrigation with sprinkler systems or otherwise may take place. Section 14-8-3 Application A. This article applies to all municipal and industrial water utility customers who own, occupy, or control water used on any premises as defined in this article. This article shall not apply to any agricultural use of water furnished by an irrigation district. B. No person shall make, cause, use, or permit the use of water received from the Town of Marana water utility or any other municipally owned or privately Marana Town Code 14-23 owned water utility providing water service within the town for residential, commercial, industrial, governmental or any other purpose in any manner contrary to any provision in this article. C. Mandatory emergency conservation measures shall be implemented based upon the declaration of an emergency pursuant to Section 14-8-4. Section 14-8-4 Declaration of Water Emergency Authorized The council, or in the absence of a quorum, the mayor or the vice-mayor, upon the recommendation of the town manager is hereby authorized to declare a water emergency and to implement mandatory conservation measures as set forth in this article. Section 14-8-5 Implementation; Termination A. The town manager shall develop guidelines which set forth general criteria to assist the council, or in the absence of a quorum the mayor or the vice- mayor, in determining when to declare a water emergency. Upon declaration of a water emergency, the town manager shall report in writing to the council providing the reasons for and expected duration of such emergency and describing implementation of emergency water conservation measures. B. A water emergency may be declared for a specific water utility system, such as, but not limited to, the Town of Marana water utility system, the City of Tucson water utility system located within the town, or any other public or private water utility system located within the town, which is unable to provide adequate quantities, qualities or pressure of water delivery in compliance with Arizona Department of Environmental Quality standards or regulations, or fire flow requirements, and which constitutes a danger to the public health, safety and welfare of the residents of that water utility system. C. The declaration of a water emergency shall be specific to the water utility system which is unable to provide adequate quantities, qualities or pressure of water delivery in compliance with Arizona Department of Environmental Quality standards or regulations, or fire flow requirements, and to the water customers of that water utility system. . D. The owner or operator of a water utility system located within the town boundaries may request, in writing, that the town declare a water emergency pursuant to this article for its water utility system, setting forth the reasons and justification therefore. E. Upon the cessation of the condition or conditions giving rise to the water emergency, or upon majority vote of the council, or in the absence of a quorum the mayor or the vice-mayor shall declare the water emergency terminated. Upon such termination, the mandatory conservation measures shall no longer be in effect. Marana Town Code 14-24 Section 14-8-6 Mandatory Emergency Water Conservation Measures A. Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential users shall be enforced as to the customers of the water utility system for which the water emergency was declared: 1. All outdoor irrigation, except for those areas irrigated with reclaimed water or water provided by an irrigation district for agricultural use, is prohibited. If the town manager deems it appropriate, a schedule designating certain outdoor watering days may be implemented in place of the irrigation ban. 2. Washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited. 3. The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited. 4. Operation of water-cooled space and equipment cooling systems below an operating efficiency level of two cycles of concentration is prohibited. .,,~, 5. Restaurants and other food service establishments are prohibited from serving water to their customers unless water is specifically requested by the customer. 6. The operation of outdoor misting systems used to cool public areas is prohibited. 7. The filling of swimming pools, fountains, spas, or other related exterior water features is prohibited. 8. The washing of automobiles, trucks trailers and other types of mobile equipment is prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles requiring frequent washing to protect public health, safety and welfare. Section 14-8-7 Variance The town manager, or the town manager's designee, is authorized to review hardship cases and special cases within which strict application of this article would result in serious hardship to a customer. A variance may be granted only for the reasons involving health, safety, or economic hardship. Application for a variance from requirements of this article must be made on a form provided by the town manager. .~ Section 14-8-8 Violation A. In the event of any violation of this article, the water utility for which the emergency was declared shall be responsible for having a written notice Marana Town Code 14-25 placed on the property where the violation occurred and a duplicate mailed to the person who is regularly billed for the service where the violation occurred and to any person known to the town or the water utility, who is responsible for the violation, and order that it be corrected, ceased, or abated immediately or within such specified time as the town or water utility determines is reasonable under the circumstances and shall contain a description of the fees and penalties associated with said violation. B. If said order is not complied with, within twenty-four (24) hours, the town or the water utility may forthwith disconnect the service where the violation occurred. A fee of two hundred fifty dollars ($250.00) shall be imposed for the reconnection of any service disconnected pursuant to noncompliance, which shall be in addition to other fees or charges imposed by this article for disconnection of service. C. In addition to being grounds for disconnection of service, violation of any provision of this article shall be a civil infraction. An individual or corporation convicted of violating provisions of this article shall be assessed a civil penalty of not less than two hundred fifty dollars ($250.00). D. Nothing herein shall conflict with the rules and regulation and approved tariffs of the Arizona Corporation Commission as they may apply to public service corporations furnishing water service within the Town of Marana. Section 14-8-9 Enforcement The town manager is authorized to designate town employees or employees of water utility systems not owned by the town to enforce the provisions of this article. The City of Tucson TOWN OF MARANA and employees of the City of Tucson's TOWN OF MARANA'S water utility are expressly authorized to enforce the provisions of this article solely as to customers of the City of Tucson's TOWN'S water utility system located within the town. Article 14-9 BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL SECTION 14-9-1 PURPOSE A. TO PROTECT THE PUBLIC POTABLE WATER SUPPLY OF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM FROM THE POSSIBILITY OF CONTAMINATION OR POLLUTION BY PREVENTING THE BACKFLOW OF CONTAMINANTS AND POLLUTANTS INTO THE PUBLIC POTABLE WATER SUPPLY SYSTEM. B. TO PROMOTE THE ELIMINATION OR CONTROL OF EXISTING CROSS- CONNECTIONS, ACTUAL OR POTENTIAL, WITH A CUSTOMER'S INTERNAL POTABLE WATER SYSTEM, PLUMBING FIXTURES AND INDUSTRIAL PIPING SYSTEM. Marana Town Code 14-26 C. TO PROVIDE FOR A CONTINUING PROGRAM OF CROSS-CONNECTION CONTROL WHICH WILL PREVENT THE CONTAMINATION OR POLLUTION OF THE PUBLIC POTABLE WATER SUPPLY SYSTEM. SECTION 14-9-2 BACKFLOW PREVENTION REQUIRED A. AN APPROVED BACKFLOW PREVENTION METHOD SHALL BE UTILIZED OR INSTALLED AT EVERY SERVICE CONNECTION TO A CUSTOMER'S WATER SYSTEM OR AT ANY USAGE POINT IN THE WATER SYSTEM WHEN THE TOWN OF MARANA MUNICIPAL WATER SYSTEM DETERMINES THAT THE POTABLE WATER SUPPLIED BY THE PUBLIC POTABLE WATER SYSTEM MAY BE SUBJECT TO CONTAMINATION, POLLUTION OR OTHER DETERIORATION IN SANITARY QUALITY OF CONDITIONS WITHIN THE CUSTOMER'S WATER SYSTEM. B. THE BACKFLOW PREVENTION METHOD TO BE UTILIZED OR INSTALLED SHALL BE DETERMINED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM, WHICH SHALL BE SUFFICIENT IN ORDER TO PROTECT AGAINST THE POTENTIAL DEGREE OF HAZARD TO THE PUBLIC POTABLE WATER SUPPLY FROM THE CUSTOMER'S WATER SYSTEM. SECTION 14-9-3 HAZARD POTENTIAL A. THE DEGREE OF HAZARD POTENTIAL TO THE PUBLIC POTABLE WATER SUPPLY AND SYSTEM FROM A CUSTOMER'S WATER SUPPLY SYSTEM SHALL BE DETERMINED USING THE FOLLOWING HAZARD FACTORS: 1. CONTAMINATION: ANY CONDITION, DEVICE OR PRACTICE WHICH, IN THE JUDGMENT OF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM, MAY CREATE A DANGER TO THE HEALTH AND WELL-BEING OF POTABLE WATER CUSTOMERS. 2. CROSS-CONNECTION: AN ACTUAL OR POTENTIAL PLUMBING- TYPE CONNECTION THAT IS NOT PROPERLY PROTECTED BY AN APPROVED BACKFLOW PREVENTION METHOD. 3. HAZARD: AN ACTUAL OR POTENTIAL THREAT WHICH MAY CAUSE SEVERE DAMAGE TO THE PHYSICAL FACILITIES OF THE PUBLIC POTABLE WATER SUPPLY SYSTEM OR WHICH MAY HAVE A PROTRACTED NEGATIVE EFFECT ON THE QUALITY OF THE POTABLE WATER IN THE SYSTEM. "';- 4. POLLUTION: AN ACTUAL OR POTENTIAL THREAT TO THE PHYSICAL FACILITIES OF THE PUBLIC POTABLE WATER SUPPLY SYSTEM OR TO THE PUBLIC POTABLE WATER SUPPLY WHICH, ALTHOUGH NOT DANGEROUS TO HEALTH, WOULD CONSTITUTE A NUISANCE OR BE AESTHETICALLY OBJECTIONABLE, OR COULD CAUSE DAMAGE TO THE SYSTEM OR ITS APPURTENANCES. Marana Town Code 14-27 SECTION 14-9-4 BACKFLOW PREVENTION METHODS; LIST A. A BACKFLOW PREVENTION METHOD SHALL BE ANY ASSEMBLY OR OTHER MEANS DESIGNED TO PREVENT BACKFLOW. THE FOLLOWING ARE THE RECOGNIZED BACKFLOW PREVENTION METHODS WHICH THE TOWN OF MARANA MUNICIPAL WATER SYSTEM MAY REQUIRE UNDER SECTION 14-9-2 OR 14-9-5. 1. AIR GAP: THE UNOBSTRUCTED VERTICAL DISTANCE THROUGH THE FREE ATMOSPHERE BETWEEN THE OPENING OF THE PIPE OR FAUCET SUPPLYING POTABLE WATER TO A TANK, PLUMBING FIXTURE OR OTHER DEVICE. AN APPROVED AIR GAP SHALL BE AT LEAST DOUBLE THE DIAMETER OF THE SUPPLY PIPE OR FAUCET AND IN NO CASE LESS THAN ONE (1) INCH. 2. REDUCED PRESSURE PRINCIPLE ASSEMBLY (HEREINAFTER "RPA"): AN ASSEMBLY CONTAINING TWO INDEPENDENTLY ACTING APPROVED CHECK VALVES TOGETHER WITH A HYDRAULICALLY OPERATING, MECHANICALLY INDEPENDENT PRESSURE DIFFERENTIAL RELIEF VALVE LOCATED BETWEEN THE CHECK VALVES, AND AT THE SAME TIME BELOW THE FIRST CHECK VALVE. THE ASSEMBLY SHALL INCLUDE PROPERLY LOCATED TEST COCKS AND TIGHTLY CLOSING SHUT-OFF VALVES LOCATED AT EACH END OF THE ASSEMBLY AND FITTED WITH PROPERLY LOCATED TEST COCKS. 3. DOUBLE CHECK VALVE ASSEMBLY (HEREINAFTER "DCVA"): AN ASSEMBLY COMPOSED OF TWO INDEPENDENTLY ACTING, APPROVED CHECK VALVES, INCLUDING TIGHTLY CLOSING SHUT- OFF VALVES LOCATED AT EACH END OF THE ASSEMBLY AND FITTED WITH PROPERLY LOCATED TEST COCKS. 4. DOUBLE DETECTOR CHECK VALVE ASSEMBLY (HEREINAFTER "DDCV A"): A SPECIALLY DESIGNED ASSEMBLY COMPOSED OF A LINE-SIZE APPROVED DOUBLE CHECK VALVE ASSEMBLY WITH A BYPASS CONTAINING A SPECIFIC WATER METER AND AN APPROVED DOUBLE CHECK VALVE ASSEMBLY. 5. PRESSURE VACUUM BREAKER ASSEMBLY (HEREINAFTER "PVB"): AN ASSEMBLY CONTAINING AN INDEPENDENTLY OPERATING, LOADED CHECK VALVE AND AN INDEPENDENTLY OPERATING, LOADED AIR INLET VALVE LOCATED ON THE DISCHARGE SIDE OF THE CHECK VALVE. THE ASSEMBLY SHALL BE EQUIPPED WITH PROPERLY LOCATED TEST COCKS AND TIGHTLY CLOSING SHUT- OFF VALVES LOCATED AT EACH END OF THE ASSEMBLY. B. A BACKFLOW PREVENTION METHOD MAY BE APPROVED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM IF IT HAS RECEIVED - THE APPROVAL OF THE FOUNDATION FOR CROSS-CONNECTION CONTROL AND HYDRAULIC RESEARCH OF THE UNIVERSITY OF SOUTHERN CALIFORNIA AND, FOR ASSEMBLIES, HAS A LOCAL MANUFACTURER'S PARTS AND SERVICE CENTER APPROVAL. Marana Town Code 14-28 C. THE TOWN OF MARANA MUNICIPAL WATER SYSTEM SHALL MAINTAIN A LIST OF APPROVED BACKFLOW PREVENTION ASSEMBLIES BY TYPE AND MANUFACTURER. THE LIST SHALL BE AVAILABLE TO ANY CUSTOMER REQUIRED TO INSTALL A BACKFLOW PREVENTION ASSEMBL Y. SECTION 14-9-5 BACKFLOW PREVENTION METHODS REQUIRED A. WHENEVER THE FOLLOWING ITEMS EXIST OR ACTIVITIES ARE CONDUCTED ON PREMISES SERVED BY THE PUBLIC POTABLE WATER SYSTEM, A POTENTIAL HAZARD TO THE PUBLIC POTABLE WATER SUPPLY SHALL BE PRESUMED, AND A BACKFLOW PREVENTION METHOD OF THE TYPE SPECIFIED HEREIN FOR THAT ITEM OR ACTIVITY MUST BE UTILIZED OR INSTALLED AT EACH SERVICE CONNECTION FOR THAT PREMISE. THE TYPE AND SIZE OF THE ASSEMBLY SHALL BE DETERMINED BY THE TOWN: 1. COOLING TOWER, BOILER, CONDENSER, CHILLER, AND OTHER COOLING SYSTEMS UTILIZING POTABLE WATER: RPA 2. TANK, VESSEL, RECEPTACLE, AND ALL OTHER WATER CONNECTIONS INCLUDING MOBILE UNITS WITHOUT APPROVED AIR GAP (EXCEPT EMERGENCY VEHICLES AND PRIVATE SWIMMING POOLS): RPA 3. ICE MAKER (OTHER THAN A RESIDENTIAL SERVICE): RPA 4. WATER COOLED EQUIPMENT, BOOSTERS, PUMPS OR AUTOCLAVES: RPA 5. WATER TREATMENT FACILITIES AND ALL WATER PROCESSING EQUIPMENT (OTHER THAN RESIDENTIAL WATER SOFTENERS): RPA 6. BOTTLE WASHER, BEDPAN WASHER, GARBAGE CAN WASHER: RPA 7. PESTICIDE, HERBICIDE, FERTILIZER, AND CHEMICAL APPLICATORS (OTHER THAN TYPICAL IN-HOME USE): RPA 8. ASPIRATOR: RPA 9. COMMERCIAL DISHWASHERS, FOOD PROCESSING AND/OR PREPARATION EQUIPMENT, CARBONATION EQUIPMENT, OR OTHER FOOD SERVICE PROCESSES UTILIZING POTABLE WATER: RPA 10. DECORATIVE FOUNTAIN, BAPTISMAL, OR ANY LOCATION WATER IS EXPOSED TO ATMOSPHERE: RPA Marana Town Code 14-29 11. X-RAY EQUIPMENT, PLATING EQUIPMENT, OR ANY OTHER PHOTOGRAPHIC PROCESSING EQUIPMENT UTILIZING POTABLE WATER: RPA 12. AUXILIARY WATER SUPPLY AND/OR CONNECTIONS TO UNAPPROVED WATER SUPPLY SYSTEMS: RPA 13. RECLAIMED WATER CUSTOMERS: RPA 14. RECREATIONAL VEHICLE DUMP STATIONS (SEWER) OR ANY OTHER LOCATION WHERE POTABLE WATER MAY BE EXPOSED TO BACTERIA, VIRUSES, OR GAS: RPA 15. ANY PREMISES ON WHICH CHEMICALS, OILS, SOLVENTS, PESTICIDES, DISINFECTANTS, CLEANING AGENTS, ACIDS OR OTHER POLLUTANTS AND/OR CONTAMINANTS ARE HANDLED IN A MANNER BY WHICH THEY MAY COME IN DIRECT CONTACT WITH POTABLE WATER, OR THERE IS EVIDENCE OF THE POTENTIAL TO CONTACT POTABLE WATER (OTHER THAN TYPICAL, INFREQUENT IN-HOME APPLICATIONS): RPA 16. MATERIALS AND PIPING SYSTEMS UNAPPROVED BY THE UNIFORM PLUMBING CODE (UPC) OR ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR POTABLE WATER USAGE (FOR FIRE SYSTEMS SEE THE FOLLOWING LISTINGS: 14-9-5 (A) 20-22); FOR CONTAMINANT: RPA; FOR POLLUTANT: RPA 17. SEPARATELY METERED OR UNPROTECTED IRRIGATION SYSTEMS AND CONSTRUCTION WATER SERVICES: RPA OR PVB AS ALLOWED. 18. ANY PREMISES WHERE A CROSS-CONNECTION IS MAINTAINED OR WHERE INTERNAL BACKFLOW PROTECTION IS REQUIRED PURSUANTTOTHEUPC:RPA 19. MULTI-METERED PROPERTIES WITH MORE THAN ONE METER CONNECTED TO ANOTHER OR ANY BUILDING THREE STORIES OR GREATER THAN 34 FEET IN HEIGHT FROM SERVICE LEVEL: RPA 20. FIRE SYSTEMS-AMERICAN WATER WORKS ASSOCIATION CLASSES 1 AND 2 AND ALL SYSTEMS CONSTRUCTED OF A PIPING MATERIAL NOT APPROVED FOR POTABLE WATER PURSUANT TO THE UPC AS ADOPTED BY THE TOWN: DCVA OR DDCVA. FURTHERMORE, FIRE SYSTEMS, CLASSES 1 AND 2, THAT ARE UNDER THE JURISDICTION OF THE LOCAL FIRE DEPARTMENT THAT REQUIRES PERIODIC SPRINKLER SYSTEM TESTING SIMILAR TO THE TOWN'S ARE EXEMPT. 21. FIRE SYSTEMS-AMERICAN WATER WORKS ASSOCIATION CLASSES 3-6: RPA OR RPA WITH DETECTOR Marana Town Code 14-30 22. FIRE SYSTEMS REQUIRE BACKFLOW PROTECTION AND WHERE BACKFLOW PROTECTION IS REQUIRED ON THE INDUSTRIAL/DOMESTIC SERVICE CONNECTION THAT IS LOCATED ON THE SAME PREMISES, BOTH SERVICE CONNECTIONS WILL HAVE ADEQUATE BACKFLOW PROTECTION FOR THE HIGHEST DEGREE OF HAZARD AFFECTING EITHER SYSTEM: RPA (REQUIREMENT MAY BE WAIVED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM.) B. WHEN TWO OR MORE OF THE ACTIVITIES LISTED ABOVE ARE CONDUCTED ON THE SAME PREMISES AND SERVICED BY THE SAME SERVICE CONNECTION OR MULTIPLE SERVICE CONNECTIONS, THE MOST RESTRICTIVE BACKFLOW PREVENTION METHOD REQUIRED FOR ANY OF THE ACTIVITIES CONDUCTED ON THE PREMISES SHALL BE REQUIRED TO BE UTILIZED OR INSTALLED AT EACH SERVICE CONNECTION. THE ORDER OF MOST RESTRICTIVE TO LEAST RESTRICTIVE BACKLOW PREVENTION METHODS SHALL BE AS FOLLOWS: 1. AIR GAP (MOST RESTRICTIVE) 2. RPA 3. DCVA 4. PVB (LEAST RESTRICTIVE) SECTION 14-9-6 BACKFLOW ASSEMBLY INSTALLATION REQUIREMENTS A. AT THE CUSTOMER'S EXPENSE AND IN COMPLIANCE WITH THE STANDARDS AND SPECIFICATIONS ADOPTED BY THE TOWN OF MARANA, BACKFLOW PREVENTION ASSEMBLIES SHALL BE INSTALLED BY THE CUSTOMER AT EACH SERVICE CONNECTION. THE ASSEMBLY SHALL HAVE A DIAMETER AT LEAST EQUAL TO THE DIAMETER OF THE SERVICE CONNECTION. B. THE ASSEMBLY SHALL BE IN AN ACCESSIBLE LOCATION APPROVED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM. THE RPA, PVBA, AND DCVA SHALL BE INSTALLED ABOVE GROUND. ,.,_.~, C. WHEN A CUSTOMER DESIRES A CONTINUOUS WATER SUPPLY, TWO (2) BACKFLOW PREVENTION ASSEMBLIES SHALL BE INSTALLED PARALLEL TO ONE ANOTHER AT THE SERVICE CONNECTION TO ALLOW A CONTINUOUS WATER SUPPLY DURING TESTING OF THE BACKFLOW PREVENTION ASSEMBLIES. WHEN BACKFLOW PREVENTION ASSEMBLIES ARE INSTALLED PARALLEL TO ONE ANOTHER, THE SUM OF THE CROSS-SECTIONAL AREAS OF THE ASSEMBLIES SHALL BE AT LEAST EQUAL TO THE CROSS SECTIONAL AREA OF THE SERVICE CONNECTION. Marana Town Code 14-31 D. NO PERSON SHALL ALTER, MODIFY, BYPASS OR REMOVE A BACKFLOW PREVENTION METHOD WITHOUT THE APPROVAL OF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM. SECTION 14-9-7 INSTALLATION OF BACKFLOW PREVENTION ASSEMBLIES FOR FIRE SYSTEMS IN ADDITION TO THE REQUIREMENTS OF SECTION 14-9-5, THE FOLLOWING SHALL ALSO APPLY: A. FIRE PROTECTION SYSTEMS CONSIST OF SPRINKLERS, HOSE CONNECTIONS, AND HYDRANTS. SPRINKLER SYSTEMS MAY BE DRY OR WET, OPEN OR CLOSED. SYSTEMS OF FIXED-SPRAY NOZZLES MAY BE USED INDOORS OR OUTDOORS FOR PROTECTION OF FLAMMABLE-LIQUID AND OTHER HAZARDOUS PROCESSES. IT IS STANDARD PRACTICE, ESPECIALLY IN TOWNS, TO EQUIP AUTOMATIC SPRINKLER SYSTEMS WITH FIRE DEPARTMENT PUMPER CONNECTIONS. B. A METER (COMPOUND, DETECTOR CHECK) SHOULD NOT NORMALLY BE PERMITTED AS PART OF A BACKFLOW PREVENTION ASSEMBLY. AN EXCEPTION MAY BE MADE, HOWEVER, IF THE METER AND BACKFLOW PREVENTION ASSEMBLY ARE SPECIFICALLY DESIGNED FOR THAT PURPOSE. C. FOR CROSS-CONNECTION CONTROL, FIRE PROTECTION SYSTEMS SHALL BE CLASSIFIED ON THE BASIS OF WATER SOURCE AND ARRANGEMENT OF SUPPLIES AS FOLLOWS: 1. CLASS 1: DIRECT CONNECTIONS FROM PUBLIC WATER MAINS ONLY; NO PUMPS, TANKS, OR RESERVOIRS; NO PHYSICAL CONNECTION FROM OTHER WATER SUPPLIES; NO ANTIFREEZE OR OTHER ADDITIVES OF ANY KIND; ALL SPRINKLER DRAINS DISCHARGING TO ATMOSPHERE, DRY WELLS, OR OTHER SAFE OUTLETS. 2. CLASS 2: SAME AS CLASS 1, EXCEPT THAT BOOSTER PUMPS MAY BE INSTALLED IN THE CONNECTIONS FROM THE STREET MAINS. BOOSTER PUMPS DO NOT AFFECT THE POTABILITY OF THE SYSTEM; IT IS NECESSARY, HOWEVER, TO AVOID DRAFTING SO MUCH WATER THAT PRESSURE IN THE WATER MAIN IS REDUCED BELOW 20 PSI. 3. CLASS 3: DIRECT CONNECTION FROM PUBLIC WATER SUPPLY MAIN PLUS ONE OR MORE OF THE FOLLOWING: ELEVATED STORAGE TANKS; FIRE PUMPS TAKING SUCTION FROM ABOVE- GROUND COVERED RESERVOIRS OR TANKS; AND PRESSURE TANKS (ALL STORAGE FACILITIES ARE FILLED OR CONNECTED TO PUBLIC WATER ONLY, THE WATER IN THE TANKS TO BE MAINTAINED IN A POTABLE CONDITION.) OTHERWISE, CLASS 3 SYSTEMS ARE THE SAME AS CLASS 1 SYSTEMS. CLASS 3 SYSTEMS WILL GENERALLY REQUIRE MINIMUM PROTECTION Marana Town Code 14-32 (APPROVED DOUBLE-CHECK VALVES) TO PREVENT STAGNANT WATERS FROM BACKFLOWING INTO THE PUBLIC POTABLE WATER SYSTEM. 4. CLASS 4: DIRECTLY SUPPLIED FROM PUBLIC MAINS SIMILAR TO CLASSES 1 AND 2, AND WITH THE AUXILIARY WATER SUPPLY ON OR AVAILABLE TO THE PREMISES; OR AN AUXILIARY SUPPLY MAY BE LOCATED WITHIN 1,700 FEET OF THE PUMPER CONNECTION. CLASS 4 SYSTEMS WILL NORMALLY REQU IRE BACKFLOW PROTECTION AT THE SERVICE CONNECTION. THE TYPE (AIR GAP OR RPA) WILL GENERALLY DEPEND ON THE QUALITY OF THE AUXILIARY SUPPLY. 5. CLASS 5: DIRECTLY SUPPLIED FROM PUBLIC MAINS, AND INTERCONNECTED WITH AUXILIARY SUPPLIES, SUCH AS PUMPS TAKING SUCTION FROM RESERVOIRS EXPOSED TO CONTAMINATION, OR RIVERS AND PONDS; DRIVEN WELLS, MILLS OR OTHER INDUSTRIAL WATER SYSTEMS; OR WHERE ANTIFREEZE OR OTHER ADDITIVES ARE USED. CLASSES 4 AND 5 SYSTEMS NORMALLY WOULD NEED MAXIMUM PROTECTION (AIR GAP OR RPA) TO PROTECT THE PUBLIC POTABLE WATER SYSTEM. 6. CLASS 6: COMBINED INDUSTRIAL AND FIRE PROTECTION SYSTEMS SUPPLIED FROM THE PUBLIC WATER MAINS ONLY, WITH OR WITHOUT GRAVITY STORAGE OR PUMP SUCTION TANKS. CLASS 6 SYSTEM PROTECTION WOULD DEPEND ON THE REQUIREMENTS OF BOTH INDUSTRY AND FIRE PROTECTION, AND COULD ONLY BE DETERMINED BY A SURVEY OF THE PREMISES. D. WHEN A BACKFLOW PREVENTION ASSEMBLY IS REQUIRED FOR A WATER SERVICE CONNECTION SUPPLYING WATER ONLY TO A FIRE SYSTEM, THE ASSEMBLY SHALL BE INSTALLED ON THE SERVICE LINE IN COMPLIANCE WITH STANDARD SPECIFICATIONS ADOPTED BY THE TOWN OF MARANA. (INSTALLATION OF DCVA'S OR DDCVA'S IN A VERTICAL POSITION ON THE RISER MAY BE ALLOWED ON FIRE SYSTEMS WITH THE TOWN OF MARANA MUNICIPAL WATER SYSTEM'S APPROVAL.) SECTION 14-9-8 INSPECTIONS A CUSTOMER'S WATER SYSTEM SHALL BE AVAILABLE AT ALL TIMES DURING BUSINESS OPERATIONS FOR PREMISES INSPECTION BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM. THE INSPECTION SHALL BE CONDUCTED TO DETERMINE WHETHER ANY CROSS- CONNECTION OR OTHER HAZARD POTENTIALS EXIST AND TO DETERMINE COMPLIANCE WITH THIS ARTICLE, PURSUANT TO SECTION 14-9-11. Marana Town Code 14-33 SECTION 14-9-9 PERMIT REQUIRED A. INSTALLATION: INSTALLATION PERMITS FOR THE INSTALLATION OF ALL BACKFLOW PREVENTION ASSEMBLIES REQUIRED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM SHALL BE OBTAINED FROM THE TOWN OF MARANA MUNICIPAL WATER SYSTEM PRIOR TO INSTALLATION. A SEPARATE PERMIT SHALL BE OBTAINED FOR EACH REQUIRED BACKFLOW PREVENTION ASSEMBLY TO BE INSTALLED, INCLUDING REPLACEMENT. B. NOTIFICATION: IT SHALL BE THE DUTY OF THE PERSON DOING THE WORK AUTHORIZED BY THE PERMIT TO NOTIFY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM, ORALLY OR IN WRITING, THAT SAID WORK IS READY FOR INSPECTION. SUCH NOTIFICATION SHALL BE GIVEN NOT LESS THAN TWENTY-FOUR (24) HOURS BEFORE THE WORK IS TO BE INSPECTED AND SHALL BE GIVEN ONLY IF THERE IS REASON TO BELIEVE THAT THE WORK DONE WILL MEET UPC AND CURRENT UNIVERSAL STANDARD CODES (USC) STANDARDS. C. STOP ORDERS: WHENEVER ANY WORK IS BEING DONE CONTRARY TO THE PROVISIONS OF THE UPC OR THIS CODE, THE TOWN OF MARANA MUNICIPAL WATER SYSTEM OR AN AUTHORIZED REPRESENTATIVE MAY ORDER THE WORK STOPPED BY NOTICE IN WRITING SERVED ON ANY PERSONS ENGAGED IN OR CAUSING -- SUCH WORK TO BE DONE, AND ANY SUCH PERSON SHALL FORTHWITH STOP WORK UNTIL AUTHORIZED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM TO RESUME WORK. D. SUSPENSION OR REVOCATION: THE TOWN OF MARANA MUNICIPAL WATER SYSTEM OR ANY EMPLOYEE MAY, IN WRITING, SUSPEND OR REVOKE A PERMIT ISSUED UNDER PROVISIONS OF THIS CODE, WHENEVER THE PERMIT IS ISSUED IN ERROR OR ON THE BASIS OF INCORRECT INFORMATION SUPPLIED, OR IN VIOLATION OF ANY ORDINANCE OR REGULATION OF ANY PROVISION OF THE UPC OR THIS CODE. SECTION 14-9-10 TEST, MAINTENANCE, RECORDS . A. THE CUSTOMER SHALL TEST AND SERVICE BACKFLOW PREVENTION ASSEMBLIES AT LEAST ONCE A YEAR. IF THE TESTING REVEALS THE ASSEMBLY TO BE DEFECTIVE OR IN UNSATISFACTORY OPERATING CONDITION, THE CUSTOMER SHALL PERFORM ANY NECESSARY REPAIRS, INCLUDING REPLACEMENT OR OVERHAUL OF THE ASSEMBLY, IF NECESSARY, WHICH WILL RETURN THE ASSEMBLY TO SATISFACTORY OPERATING CONDITION. B. IF THE TOWN OF MARAN A MUNICIPAL WATER SYSTEM OR A CUSTOMER LEARNS OR DISCOVERS DURING THE INTERIM PERIOD BETWEEN TESTS THAT AN ASSEMBLY IS DEFECTIVE OR IN UNSATISFACTORY OPERATING CONDITION, THE CUSTOMER SHALL PERFORM ANY NECESSARY REPAIRS, INCLUDING REPLACEMENT OR Marana Town Code 14-34 OVERHAUL OF THE ASSEMBLY, IF NECESSARY, WHICH WILL RETURN THE ASSEMBLY TO SATISFACTORY OPERATING CONDITION. C. THE ANNUAL TESTING SHALL BE PERFORMED BY AN INDIVIDUAL CERTIFIED TO CONDUCT SUCH TESTING BY AN AGENCY APPROVED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM. A LIST OF CERTIFIED, APPROVED AND RECOGNIZED INDIVIDUALS WILL BE MAINTAINED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM AND WILL BE AVAILABLE UPON REQUEST TO ALL PERSONS REQUIRED TO INSTALL OR MAINTAIN A BACKFLOW PREVENTION ASSEMBLY. A CERTIFICATION ISSUED TO A BACKFLOW PREVENTION ASSEMBLY TESTER MAY BE REVOKED OR SUSPENDED FOR IMPROPER TESTING, MAINTENANCE, REPORTING OR OTHER IMPROPER PRACTICES. D. THE CUSTOMER SHALL MAINTAIN RECORDS, ON FORMS APPROVED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM, OF THE RESULTS OF ALL TESTS AND ALL SERVICING, REPAIRS, OVERHAULS OR REPLACEMENTS OF THE BACKFLOW PREVENTION ASSEMBLY. A COPY OF THE RECORDS SHALL BE PROMPTLY SUBMITTED TO THE TOWN OF MARANA MUNICIPAL WATER SYSTEM AFTER COMPLETION OF THE ACTIVITY FOR WHICH THE RECORD IS MADE. E. FIRE SYSTEMS SHALL NOT BE OUT OF SERVICE FOR MORE THAN EIGHT (8) CONSECUTIVE HOURS DUE TO TESTING, MAINTENANCE, OR REPAIRS. THE LOCAL FIRE DEPARTMENT SHALL BE NOTIFIED IMMEDIATELY OF ANY CHANGES IN FIRE SERVICE STATUS. SECTION 14-9-11 MODIFICATION OF BACKFLOW PREVENTION REQUIREMENTS IF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM DETERMINES AFTER INSPECTION OF THE CUSTOMER'S SYSTEM THAT A BACKFLOW PREVENTION METHOD, LESS RESTRICTIVE THAN THAT REQUIRED IN SECTION 14-9-5, WILL PROVIDE ADEQUATE PROTECTION OF THE PUBLIC POTABLE WATER SUPPLY FROM THE DEGREE OF HAZARD POTENTIAL BY THE CUSTOMER'S WATER SYSTEM, THE TOWN OF MARANA MUNICIPAL WATER SYSTEM MAY, AT ITS SOLE DISCRETION, MODIFY THE REQUIREMENTS OF SECTION 14-9-5. SECTION 14-9-12 DISCONTINUANCE OF WATER SERVICE A. IF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM DISCOVERS THAT A CUSTOMER HAS NOT INSTALLED A REQUIRED BACKFLOW PREVENTION METHOD OR THAT ONE HAS BEEN IMPROPERLY TESTED OR MAINTAINED, BYPASSED OR REMOVED, OR THAT AN UNPROTECTED CROSS-CONNECTION EXISTS IN THE CUSTOMER'S WATER SYSTEM, THE WATER SERVICE TO THAT SERVICE CONNECTION SHALL BE DISCONNECTED IF THE SITUATION IS NOT ~"" REMEDIED WITHIN THE TIME SPECIFIED IN THE NOTICE SENT TO THE CUSTOMER AS REQUIRED BY THIS SECTION. THE SERVICE SHALL NOT BE RESTORED UNTIL THE CONDITION IS REMEDIED. Marana Town Code 14-35 B. WATER SERVICE TO A FIRE SPRINKLER SYSTEM SHALL NOT BE SUBJECT TO DISCONNECTION UNDER THIS SECTION. IF A SITUATION, WHICH WOULD OTHERWISE RESULT IN DISCONTINUANCE OF WATER SERVICE IN SUBSECTION A ABOVE, IS NOT REMEDIED WITHIN THE TIME PROVIDED IN THE NOTICE SENT TO THE CUSTOMER, MULTIPLE VIOLATIONS WILL ACCRUE AT A RATE OF ONE PER DAY UNTIL THE PROBLEM IS REMEDIED. C. PRIOR TO DISCONNECTING ANY WATER SERVICE DUE TO A CONDITION SET FORTH IN SUBSECTION A ABOVE, THE TOWN OF MARANA MUNICIPAL WATER SYSTEM SHALL ISSUE A NOTICE TO THE CUSTOMER DESCRIBING THE CONDITION AND NOTIFYING THE CUSTOMER THAT THE CONDITION MUST BE REMEDIED WITHIN FORTY-FIVE (45) DAYS FROM THE INITIAL INSPECTION DATE. IF THERE IS NOT IMMEDIATE ACTION ON THE PART OF THE CUSTOMER, A SECOND NOTICE BY CERTIFIED MAIL SHALL BE SENT THIRTY (30) DAYS AFTER THE INITIAL INSPECTION DATE STATING THAT WATER SERVICE WILL BE DISCONNECTED WITHIN FIFTEEN (15) DAYS OF THE SECOND NOTICE. IF THERE IS STILL NO ACTION, A TURN-OFF NOTICE SHALL BE SENT TO THE CUSTOMER STATING THAT SERVICE WILL BE DISCONNECTED ON A CERTAIN DATE, WHICH WOULD BE APPROXIMATELY SEVEN (7) DAYS FROM THE DATE OF THE TURN OFF NOTICE. D. THE TOWN OF MARANA MUNICIPAL WATER SYSTEM MAY DISCONNECT, WITHOUT NOTICE, WATER SERVICE TO ANY CUSTOMER WHEN THE TOWN OF MARANA MUNICIPAL WATER SYSTEM DISCOVERS THAT A DIRECT, CONTAMINATED CROSS- CONNECTION EXISTS IN THE CUSTOMER'S WATER SYSTEM. SECTION 14-9-13 ADMINISTRATIVE APPEAL AN ADMINISTRATIVE APPEAL MAY BE REQUESTED WHENEVER A VIOLATION OR DISPUTE OF ANY OF THE REQUIREMENTS OF THIS ARTICLE IS DETERMINED, WHETHER DURING CONSTRUCTION OR AT THE PLAN REVIEW STAGE, AND THE APPLICANT WISHES TO APPEAL THE DECISION OF THE STAFF BECAUSE OF CODE INTERPRETATION, UNREASONABLE HARDSHIP OR OTHER ACCEPTABLE REASONS. THE . APPEAL MAY BE MADE TO THE BACKFLOW AND CROSS-CONNECTION HEARING COMMITTEE AS FOLLOWS: A. THE APPLICANT SHALL FILE A WRITTEN APPEAL ON THE FORMS PROVIDED BY THE TOWN OF MARANA MUNICIPAL WATER SYSTEM WATER UTILITY DIRECTOR. B. THE APPEAL WILL BE HEARD BY THE HEARING COMMITTEE WITHIN TEN (10) DAYS, AT A TIME SPECIFIED BY THE COMMITTEE. C. THE HEARING COMMITTEE SHALL CONSIST OF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM UTILITY DIRECTOR, UTILITY ADMINISTRATION MANAGER, AND BUILDING OFFICIAL. ADDITIONAL INSPECTORS OR OTHER STAFF PERSONNEL MAY BE ADDED FOR A Marana Town Code 14-36 PARTICULAR APPEAL, AT THE DISCRETION OF THE TOWN OF MARANA MUNICIPAL WATER SYSTEM UTILITY DIRECTOR. D. ADEQUATE INFORMATION SHALL BE PROVIDED BY THE APPLICANT IN ORDER TO FULLY DESCRIBE THE CONDITIONS IN QUESTION. E. THE APPLICANT MAY, BUT IS NOT REQUIRED TO, PERSONALLY ATTEND THE HEARING COMMITTEE MEETING. SECTION 14-9-14 RETROACTIVE APPLICATION ~ A. THESE PROVISIONS SHALL APPLY TO ALL NEW WATER CUSTOMERS OR USERS AND ALL WATER CUSTOMERS OR USERS EXISTING PRIOR TO THE ENACTMENT OF THESE AMENDMENTS TO THE TOWN CODE OF MARANA, ARIZONA. NOTWITHSTANDING THE FOREGOING, FOR MULTIPLE-METERED PREMISES PRESENTING ONLY A POLLUTION HAZARD, AS DEFINED IN SECTION 14-9-3, EXISTING AS OF THE EFFECTIVE DATE OF ORDINANCE NO. 98-13, ONLY ONE NEW OR ADDITIONAL BACKFLOW PREVENTION ASSEMBLY SHALL BE INSTALLED WITHIN EIGHTEEN (18) MONTHS FROM THE INITIAL INSPECTION NOTICE AND THEREAFTER ONLY ONE ADDITIONAL BACKFLOW ASSEMBLY INSTALLATION SHALL BE REQUIRED DURING ANY TWELVE (12) MONTH PERIOD. NONCOMPLIANCE MAY RESULT IN DISCONTINUANCE OF WATER SERVICE WITHOUT FURTHER NOTICE. B. BACKFLOW PREVENTION ASSEMBLIES INSTALLED PRIOR TO ENACTMENT OF THIS ARTICLE AND WHICH DO NOT COMPLY WITH THE REQUIREMENTS SET FORTH HEREIN, SHALL BE REPLACED WITH ASSEMBLIES WHICH COMPLY WITH THE STANDARDS SET FORTH HEREIN. C. THE INITIAL BACKFLOW ASSEMBLY INSTALLATION PERMIT FEE REQUIRED BY SECTION 14-9-15 SHALL BE WAIVED BY THE TOWN OF MARANA WATER SYSTEM FOR RETROFIT PREMISES ONLY. D. METERS DOCUMENTED AS RUNNING BACKWARDS OR CONTAMINATION CONDITIONS AS DEFINED IN SECTION 14-9-3 SHALL BE IMMEDIATELY ADDRESSED UNDER SECTION 14-9-12, AND THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION SHALL NOT APPLY TO THEM. SECTION 14-9-15 FEES THE FEE FOR ANY PERMIT REQUIRED PURSUANT TO THE TERMS OF THIS ARTICLE SHALL BE TWENTY-FIVE ($25.00) DOLLARS. SECTION 14-9-16 VIOLATION "A___ IT SHALL BE A CIVIL OFFENSE, PUNISHABLE BY A TWO HUNDRED FIFTY ($250.00) DOLLAR FINE, FOR ANY PERSON TO VIOLATE ANY OF THE Marana Town Code 14-37 REQUIREMENTS OF THIS ARTICLE. EACH DAY A VIOLATION CONTINUES SHALL BE CONSIDERED A SEPARATE OFFENSE. Article 44-9-14-10 VIOLA liONS Section 14-9-1 14-10-1 Installation and Repair by Individuals Prohibited All water services to be installed by the town water utility shall only be installed by the town or its authorized employees or agents as provided for in this chapter. It is unlawful for any person to install any such service or any part of such service, or to repair any service now existing or any part thereof, from the water mains to and including the meter, or disturb any right-of-way easement, street or alley in any manner for the purpose of locating problems with the water system or for any other reason whatsoever. Section 14-9-2 14-10-2 Turning on Water Without Authority It is unlawful for any person, by false key or otherwise, after the water has been shut off from any premises, to cause such premises to be supplied with water or for any person to aid or abet such action. Section 14-9-3 14-10-3 Escaping Water ,.,.,,-.. No person shall allow water to escape from his or her premises upon public property, such as alleys, roads or streets, nor upon any other person's property. Section 14-9-414-10-4 Interference, Tampering With Facilities No person shall open or close any fire hydrant or stopcock connected with the water system of the town, or lift or remove the covers of any gate valves or shutoffs, or tap into town water mains or otherwise remove water from the town water utility system without a permit from the director of the town water utility, or in violation of conditions of a permit, except in case of fire, and then under the direction of the officers of the fire department. Section 14-9-514-10-5 Damaging, Defacing Facilities It is unlawful for any person to destroy, deface, impair, Injure or wantonly force . open any gate or door, or in any way whatsoever destroy, Injure or deface any reservoir, building, storage tank or appurtenances, fences, trees or fixtures or property appertaining to the water utility of the town. SECTION 14-1 0-6 PENALTIES ANY VIOLATION OF THIS CHAPTER EXCEPT AS OTHERWISE DESIGNATED FOR A PARTICULAR ARTICLE OF THIS CHAPTER SHALL BE A CIVIL OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS ($250.00). EACH DAY A VIOLATION CONTINUES SHALL BE CONSIDERED A SEPARATE OFFENSE. Marana Town Code 14-38 Article 14-10 14-11 AMENDMENTS AND PUBLIC HEARING Section 14-10-114-11-1 Amendment Procedure This chapter may be amended, but all of the proposed amendments shall be submitted first to the Water Utility Advisory Committee for its recommendation, which recommendation shall be submitted to the council within thirty (30) days after any proposed amendment has been considered by the Water Utility Advisory Committee in a public meeting. Section 14-10-214-11-2 Public Hearing Requirement Before any proposed amendment to this chapter may be considered by the council, the council shall hold a public hearing on the proposed amendment. Notice of the time and place of the hearing shall be given at least fifteen (15) days before the hearing. Any proposed change in water rates shall also require notice of the hearing to be provided in the water bills of the tC}'/.iFl'g water TOWN OF MARANA MUNICIPAL WATER SYSTEM'S customers sent to the customers at least fifteen (15) days prior to the hearing. Marana Town Code 14-39