HomeMy WebLinkAboutTown Code Chapter 14-2002 CHAPTER 14 WATER
Town of Marana Municipal Water System
Article 14-1 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 of the town's waterutility
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 contract for
Marana Town Code 14-1
that servica, 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 equipmentnecessary
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 recerding
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 acommon
source (normally a distribution main) of supply to the customer's point
of delivery.
16. "Town" means the Town of Malaria, Pima County, Arizona, excaptas
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.
Article 14-2 RESPONSIBILITIES
Section 14.2-1 Responsibilities of the Council
A. Adootion 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
Marana Town Code 14-2
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.
B. Adoption of Water Utility Construction Standard~. The council shall be
empowered to adopt and amend engineering design and construction
standards for improvements to, extensions of, additions to, and modifications
of the town water utility system.
C. Management of Water System by Indeoendent Contmntor. 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.
D. 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
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.
E. 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 be responsible for the day-to-day
management of the town water system including, but not limited to, the
Marana Town Code 14-3
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.
Section 14-2-3 Water Utility Advisory Committee
A..Creation. There is hereby established an entity to be celled the Malaria
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 c~mprehensive water system
development plan and any long-term (ten to fifty year) water source and
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 Qualificetions The Marana Water
Utility Advisory Committee shall be composed of seven members, two of
whom shall be residential customers, one of which 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
Marana Town Code 14-4
committee shall drew 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 Reoorts, 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.
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 any one
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;
Marana Town Code 14-5
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. Reouirement 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
service furnished. The deposit is not negotiable and can be redeemed only
at the town water utility collection office.
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 Customem. 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
previsions 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 exist:
1. The applicant has an outstanding amount due for water service withthe
town, and the applicant does not bdng current i~ ANY outstanding bills;
Marana Town Code 14-6
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 obtainingservice.
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.
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.
Marana Town Code 14-7
Article 14-4 CONSTRUCTION AND FINANCING OF WATER FACILITIES
Section 14-4-1 Agreements to Construct New Facilities
A. Approval of Aqreements 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
have been approved by the town engineer and the director of the town water
utility.
B. Main Extension Aqreement,~. 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, 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, thetown
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 following
written requirements:
(i) Name and address of applicant;
Marana Town Code 14-8
(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.
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 dght, 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, matedal and installation standards of the
town.
C. Construction Aqreement. 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.
Marana Town Code 14-9
Section 14-4-3 Capacity Requirements
A. Water System Capacity Requirements 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
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 dedved from said oversizing
recovery charge.
1. The oversizing recovery charge shall be determined by computingthe
total cost of the water facility improvement, by determining other property
which will benefit from the oversized capacity, by allocating the capacity
installed between the original applicant's property and any
nonparticipating property benefiting from the capacity installed, and 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.
Marana Town Code 14-10
2. No oversizing recovery charge shall be levied or collected by thetown
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 tobe
refunded pursuant to an agreement under this section.
Article 14-5 SERVICE AREA INCLUSION AND FEES
Section 14-5-1 GENERAL PROVISIONS
A. Water Imorovements. 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 pdor 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 included 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
Marana Town Code 14-11
Users Association municipal water utility service area, shall pay the sum of five
hundred ($500.00) dollars per acre or fraction thereof for un-subdivided land, or
two hundred ($200.00) dollars per platted subdivision lot for property with a
recorded subdivision plat, as a service area inclusion fee.
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. §33-506. 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 14-12
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. {45-576.
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 14-13
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 to the town upon billing. Any
water rates, charges or fees not paid in full by the next billing date, 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 wdtten 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 toits
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 next billing date, the customer shall be given
written 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
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 {}9-511.02, 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 Adzona Revised Statutes ~t4-1201.
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 14-14
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 ail 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 headng 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
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 customeris
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.
Manana Town Code 14-15
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 freud;
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 dudng 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. ~. 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 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 Interru tions. 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 C(~:le 14-16
D. Minimum Delivery Pressure The town shall maintain a minimum standard
delivery pressure of 20 pounds per square inch gauge (PSlG) at the
customer's meter or point of delivery.
E. Construction Standard~. The town shall construct all facilities Jn accordance
with the guidelines established by the Arizona Department of Health
Services, the Adzona 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 pdvate 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
odginal 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 14-17
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 servicel
B. Estimated Bills. Estimated bills will only be issued under the following
conditions:
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. Combinin 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 judgment, 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;
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 14-18
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 Minim~
6/8 x ~" meter $ 14.00 per month
1" meter $ 34.00 per month
1¼" meter $ 37.00 per month
2" meter $ 43.00 per month
3" meter $ 58.00 per month
4" meter $ 102.00 per month
5" meter $ 152.00 permonth
6" meter $ 202.00 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.
D. When a customer has a meter larger than 5/8" x 3/4" that is required for fire
protection, sprinkler, or other tire-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.
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:
SECURITY CONNECTION INSTALLATION
Meter Size Deposit Charge Charqe Total
% x %" $ 75.00 $ 500.00 $ 400.00 $ 975.00
1" $ 85.00 $ 850.00 $ 550.00 $1485.00
1W' $ 95.00 $1300.00 $ 900.00 $2295.00
2" $135.00 $1700.00 $1300.00 $3135.00
Standpipe:
Residential $ 50.00
Commercial $100.00
MamnaT~nC~e 14-19
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. 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
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 Ssection 14-7-2, but shall have a licensed contractor install the system
with current technology in accordance with town standards. All other charges
in Ssection 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 dudng
Marana Tow~ Code 14-20
regular working days (Monday through Friday) between the hours of
9:00 a.m. and 4:00 p.m., 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: $19.00 (plus brina account current). The reconnect fee
shall be for the cost of reestablishing water service after water service has
been terminated for any 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 not to be reading accurately,
defined as an error of greater than 3%.
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 consists of one disconnect when the
customer leaves on vacation and one reconnect when the customer returns.
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 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 customers of the 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.
Marana Town Code 14-21
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
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 criteda
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
Marana Town Code 14-22
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.
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 distdct 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 areasis
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.
Marana Town Code 14-23
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
^. In the event of any violation of this article, the water utility for which the
emergency was declared shall be responsible for having a wdtten 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 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 fumishing 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 Town of Marana and employees of the Town of Marana's water
utility are expressly authorized to enforce the provisions of this article solely as
to customers of the Town's water utility system located within the town.
Marana Town Code 14-24
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.
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.
[adopted by Ord. 98.18]
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.
[adopted by Ord. 98.18]
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. Cress-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
Marana Town Code 14-25
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.
[adopted by Ord. 98.18]
Section 14-9-4 Backflow Prevention Methods; List
A. A backflow prevention method shall be any assembly or other means
designed to prevent backfiow. The following ara the recognized backfiow
prevention methods which the Town of Marana Municipal Water System may
raquire under Section 14-9-2 or 14-9-5.
1. Air gap: the unobstructed vertical distance through the frae atmosphera
between the opening of the pipe or faucet supplying potable water to a
tank, plumbing fixtura 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 pressura 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 propedy 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 (herainafter "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 propedy located test cocks.
4. Double detector check valve assembly (hereinafter "ddcva"): 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 (herainafter "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 propedy
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 rasearch of the university of southern
Marana Town Code 14-26
california and, for assemblies, has a local manufacturer's parts and service
center approval.
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 assembly.
[adopted by Ord. 98.18]
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
pdvate 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
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
Marana Town Code 14-27
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 pursuant to the UPC: 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 RP^
with detector.
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:
Marana Town Code 14-28
1. Air gap (most restrictive)
2. RPA
3. DCVA
4. PVB (least restrictive)
[adopted by Ord. 98.18]
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 dudng 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.
D. No person shall alter, modify, bypass or remove a backflow prevention
method without the approval of the Town of Marana Municipal Water
System.
[adopted by Ord, 98.18]
Section 14-9-7 Installation of Backflow Prevention Assemblies for Fire Systems
tn 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.
Marana Town Code 14-29
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 (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 require 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; ddven 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.)
[adopted by Ord. 98.18]
Marana Town Code 14-30
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.
[adopted by Ord. 98.18]
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. Stoo 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 wdting
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.
[adopted by Ord. 98.18]
Section 14-9-10 Test, Maintenance, Records
A. aThe 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 Marana Municipal Water System or a customer learns or
discovers during the interim pedod between tests that an assembly is
defective or in unsatisfactory operating condition, the customer shall perform
any necessary repairs, including replacement or overhaul of the assembly,
Marana Town Code 14-31
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.
[adopted by Ord. 98.18]
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, tess 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 raquiraments of Section 14-9-5.
[adopted by Ord. 98.18]
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.
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.
Marana Town Code 14-32
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.
[adopted by Ord. 98.18]
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 wdtten 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 oi' other staff personnel may be added for a 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.
[adopted by Ord. 98.18]
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
Marana Town Code 14-33
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 pdor 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 Municipal 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.
[adopted by Ord. 98.18]
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.
[adopted by Ord. 98.18]
Section 14-9-16 Violation
It shall be a civil offense, punishable by a two hundred fifty ($250.00) dollar fine,
for any person to violate any of the requirements of this Article. Each day a
violation continues shall be considered a separate offense.
[adopted by Ord. 98.18]
Article 14-10 VIOLATIONS
Section 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.
Marana Town Code 14-34
Section 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 14-10-3 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 14-10-4 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 14-10-5 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 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.
[adopted by Ord. 98.18]
Article 14-11 AMENDMENTS AND PUBLIC HEARING
Section 14-11-1 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 t 4-tt-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 headng shall be given at least fifteen (15)
days before the hearing. Any proposed change in water rates shall also require
14-35
Marana Town Code
notice of the hearing to be provided in the water bills of the Town of Marana
Municipal Water System's customers sent to the customers at least fifteen (15)
days prior to the hearing.
Marana Town Code 14-36