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G) Chapters 85 through 91 – Water

CHAPTER 85

WATER SERVICE SYSTEM

85.01 Definitions 85.11 Installation of Water Service Pipe
85.02   Superintendent’s Duties 85.12   Responsibility for Water Service Pipe
85.03 Mandatory Connections 85.13 Failure to Maintain
85.04 Abandoned Connections 85.14 Curb Valve
85.05 Permit 85.15 Interior Valve
85.06 Tapping Charge 85.16 Inspection and Approval
85.07 Compliance with Plumbing Code 85.17 Completion by the City
85.08 Plumber Required 85.18 Shutting Off Water Supply
85.09 Excavations 85.19 Operation of Curb Valve and Hydrants
85.10 Tapping Mains 85.20 Leaking Service

85.01    DEFINITIONS.  The following terms are defined for use in the chapters in this Code of Ordinances pertaining to the Water Service System:

  1. “Combined service account” means a customer service account for the provision of two or more utility services.
  2. “Customer” means, in addition to any person receiving water service from the City, the owner of the property served, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
  3. “Superintendent” means the Supervisor of Public Works and/or Water/Wastewater Operator or any duly authorized assistant, agent or representative.
  4. “Water main” means a water supply pipe provided for public or community use.
  5. “Water service pipe” means the pipe from the water main to the building served.
  6. “Water system” or “water works” means all public facilities for securing, collecting, storing, pumping, treating, and distributing water.

85.02    SUPERINTENDENT’S DUTIES.  The Superintendent shall supervise the installation of water service pipes and their connection to the water main and enforce all regulations pertaining to water services in the City in accordance with this chapter.  This chapter shall apply to all replacements of existing water service pipes as well as to new ones.  The Superintendent shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed operation of the water system, subject to the approval of the Council.  In the event of an emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the Council may be had.

(Code of Iowa, Sec. 372.13[4])

85.03    MANDATORY CONNECTIONS.  All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water system, if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.

85.04    ABANDONED CONNECTIONS.  When an existing water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation stop and made absolutely watertight.

85.05    PERMIT.  Before any person makes a connection with the public water system, a written permit must be obtained from the City.  The application for the permit shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water.  If the proposed work meets all the requirements of this chapter and if all fees required under this chapter have been paid, the permit shall be issued.  Work under any permit must be completed within 60 days after the permit is issued, except that when such time period is inequitable or unfair due to conditions beyond the control of the person making the application, an extension of time within which to complete the work may be granted.  The permit may be revoked at any time for any violation of these chapters.

85.06    TAPPING CHARGE.  There shall be a tapping charge in the amount of $150.00 paid before issuance of a permit to reimburse the City for costs borne by the City in making water service available to the property served.

(Code of Iowa, Sec. 384.84)

85.07    COMPLIANCE WITH PLUMBING CODE.  The installation of any water service pipe and any connection with the water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code.

85.08    PLUMBER REQUIRED.  All installations of water service pipes and connections to the water system shall be made by a State-licensed plumber.

85.09    EXCAVATIONS.  All trench work, excavation, and backfilling required in making a connection shall be performed in accordance with the State Plumbing Code and the provisions of Chapter 135 of this Code of Ordinances.

85.10    TAPPING MAINS.  Except with the written permission of the Council a separate tap and service shall be installed for each building located on a street or avenue in which there is a City water main and no customer will be allowed to supply water to other persons or premises.  Continuation of any siamesing of taps or service lines discovered during the repair or replacement of the line is prohibited after the effective date of the ordinance codified in this section without the written recorded agreement of the affected property owners and the consent of the Council.  Any siamesing of taps or service lines made prior to that date must have separate shut off valves for each house or premises independent of other houses or premises.

  1. No customer will be allowed to supply water to more than one residence which is fed by a service line smaller than two inches.
  2. Charges for taps and service calls made by employees of the Water Department shall be fixed by the Council and posted at the City Clerk’s Office. These charges may be changed by the Council without notice to meet changes in cost of labor and material.  No person shall make a tap to any water main other than authorized employee or agent of the Department.  Tapping sleeves and valves for services four inches and larger may be installed by independent contractors using proper tools if made under the inspection of an authorized employee or agent of the Department.
  3. All taps into City mains or City service water pipes shall be made only by the Superintendent or an authorized assistant. The charge imposed by Section 85.06 of this chapter for making a tap shall be paid in advance and in addition thereto the property owner shall pay for all parts and materials used in the making of such tap when the tap is completed and before the water is turned on.
  4. No City water main or City water service pipe shall be tapped until the owner of the property to be served by such tap has made a written application to the City requesting that such tap be made and agreeing to bear all expenses required to restore and resurface any portion of a public street that has been removed to make such tap. Any damages to City streets, alleys, or other public ways have to be repaired within 30 days of completion of work or as prescribed by the Supervisor of Public Works.
  5. Any property owner whose water service line crosses property other than property of the customer may be required to replace such service line in order to avoid crossing the private property of another party by request of the other party unless the customer can show written easement rights.
  6. No taps will be inserted unless the location of the excavation agrees with the permit location. Excavation for taps shall be of sufficient size to permit easy access to the main by workers and said excavation shall be safeguarded in accordance with OSHA standards.

85.11    INSTALLATION OF WATER SERVICE PIPE.  Water service pipes from the main to the meter setting shall be Type K copper.  The use of any other pipe material for the service line shall first be approved by the Superintendent.  Pipe must be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing.

85.12    RESPONSIBILITY FOR WATER SERVICE PIPE.  All costs and expenses incident to the installation, connection, and maintenance of the water service pipe from the main to the building served shall be borne by the owner.  The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said water service pipe.

85.13    FAILURE TO MAINTAIN.  When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and the owner fails to correct such nuisance, the City may do so and assess the costs thereof to the property.

(Code of Iowa, Sec. 364.12[3a & h])

85.14    CURB VALVE.  There shall be installed within the public right-of-way a main shut-off valve on the water service pipe of a pattern approved by the Superintendent.  The shut-off valve shall be constructed to be visible and even with the pavement or ground.

85.15    INTERIOR VALVE.  There shall be installed a shut-off valve on every service pipe inside the building as close to the entrance of the pipe within the building as possible and so located that the water can be shut off conveniently.  Where one service pipe supplies more than one customer within the building, there shall be separate valves for each such customer so that service may be shut off for one without interfering with service to the others.

85.16    INSPECTION AND APPROVAL.  All water service pipes and their connections to the water system must be inspected and approved in writing by the Superintendent before they are covered, and the Superintendent shall keep a record of such approvals.  If the Superintendent refuses to approve the work, the plumber or property owner must proceed immediately to correct the work.  Every person who uses or intends to use the municipal water system shall permit the Superintendent to enter the premises to inspect or make necessary alterations or repairs at all reasonable hours and on proof of authority.

85.17    COMPLETION BY THE CITY.  Should any excavation be left open or only partly refilled for 24 hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the City shall have the right to finish or correct the work, and the Council shall assess the costs to the property owner or the plumber.  If the plumber is assessed, the plumber must pay the costs before receiving another permit.  If the property owner is assessed, such assessment may be collected with and in the same manner as general property taxes.

(Code of Iowa, Sec. 364.12[3a & h])

85.18    SHUTTING OFF WATER SUPPLY.  The Superintendent may shut off the supply of water to any customer because of any violation of the regulations contained in these Water Service System chapters that is not being contested in good faith.  The supply shall not be turned on again until all violations have been corrected and the Superintendent has ordered the water to be turned on.

85.19    OPERATION OF CURB VALVE AND HYDRANTS.  It is unlawful for any person except the Superintendent to turn water on at the curb valve, and no person other than an authorized employee of the City Water Department or Fire Department shall open or use a fire hydrant without previous permission from the Council.

  1. Only hydrant wrenches of a design approved by the Water Department shall be used. Care shall be taken that the cap chains are not broken or caps lost and the caps shall be replaced after the use of the hydrants.  No hydrants shall be used that appear to be in defective condition, and, if a hydrant is in a defective condition, the water office should be notified immediately and given the location thereof.
  2. Fire hydrants are not to be obstructed by the users thereof and shall be available at all times for the use by the Fire Department.
  3. All unauthorized use of hydrants may be subject to civil penalties as provided for in this Code of Ordinances, in addition to any other use charges levied by the Department.

85.20    LEAKING SERVICE.  When a service pipe is found to be leaking the Superintendent shall notify the Water Department office who shall then give notice in writing to the property owner, stating that the leak must be repaired or replaced within five days.  If not repaired or replaced within said five days, a property tax lien will be imposed against the property for the cost of the City hiring someone to replace or repair it.  Notice of filing such lien shall be given to the owner by ordinary mail not less than 10 days in advance of such filing.  When there is a leaking service line dug up to be repaired and the line is not Type K copper or other approved material pursuant to Section 85.11 of this chapter, the property owner’s service line must be replaced at the property owner’s expense.  The old line must be disconnected at the City main and the curb shut-off has to be pulled.  Any damage to the street and parking will be the property owner’s expense.

[The next page is 459]

 

CHAPTER 86

WATER METERS

86.01 Purpose 86.06 Meter Costs
86.02 Water Use Metered 86.07 Meter Repairs
86.03 Fire Sprinkler Systems; Exception 86.08 Right of Entry
86.04 Location of Meters 86.09 Meter Testing
86.05 Meter Setting 86.10 Second Meter

86.01    PURPOSE.  The purpose of this chapter is to encourage the conservation of water and facilitate the equitable distribution of charges for water service among customers.

86.02    WATER USE METERED.  All water furnished customers shall be measured through meters furnished by the City and installed by Water Department employees.

86.03    FIRE SPRINKLER SYSTEMS; EXCEPTION.  Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the Superintendent.  No other open, unmetered connection shall be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which must be sealed open.

86.04    LOCATION OF METERS.  All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing.

86.05    METER SETTING.  The property owner shall provide all necessary piping and fittings for proper setting of the meter including a valve on the discharge side of the meter.  Meter pits may be used only upon approval of the Superintendent and shall be of a design and construction approved by the Superintendent.

86.06    METER COSTS.  The full cost of any meter larger than that required for a single-family residence shall be paid to the City by the property owner or customer prior to the installation of any such meter by the City, or, at the sole option of the City, the property owner or customer may be required to purchase and install such meter in accordance with requirements established by the City.  When work has progressed to the place where the finished plumbing is installed, the contractor will make an application to the City for a meter and remote wire.  Once application is approved, the contractor shall make arrangements to pick up the material at the Wastewater Treatment Plant from the Wastewater/Water Operator.  Should the contractor fail to have the meter set at that time the contractor shall be assessed a $250.00 penalty for each month or part thereof the property was without a meter, with service subject to termination in the event the penalty is not paid and the meter set within two days.  The contractor shall also be subject to revocation of the City license.  No one except an employee of the City shall set, repair, or remove a water meter, except with permission of the Water Operator.  Anyone tampering with a water meter shall be assessed a $250.00 penalty.  When a water meter is removed by a contractor, after receiving permission from the Water Operator, the meter must be returned to the Wastewater Treatment Plant and placed in the possession of the Operator or be assessed a $250.00 penalty for each month or part thereof for which it is not returned.  Conduit for meter wire on new construction is required.

86.07    METER REPAIRS.  Whenever a water meter owned by the City is found to be out of order the Superintendent shall have it repaired.  If it is found that damage to the meter has occurred due to the carelessness or negligence of the customer or property owner, or the meter is not owned by the City, then the property owner shall be liable for the cost of repairs.

86.08    RIGHT OF ENTRY.  The Superintendent and employees of the Water Department shall be permitted Monday through Friday from 7:00 a.m. to 4:00 p.m. to enter the premises or buildings of the customers for the purpose of reading meters and examining the water pipe and fixtures, and the manner in which water is used.  The Water Department reserves the right to test or remove a meter whenever it is deemed advisable so to do.  Refusal on the part of the owner to permit an employee of the Water Department to enter such premises at any reasonable hour for reading the water meter or inspecting water pipes and fixtures shall be sufficient cause to discontinue the water service at such premises.  Should a meter become out of order, the customer shall be charged with the average monthly consumption as shown by the meter, when in order, for the six months previous, or fraction thereof if the same has not been used for that length of time.

86.09    METER TESTING.  Any property owner may require a meter to be tested by paying into the office of the Water Department the sum of $35.00 and should the meter register two percent or more fast, such property owner shall be entitled to an adjustment on the basis of the over-registration for four months and a refund of the $35.00 deposit.  The deposit will not be refunded in the event the meter passes the accuracy test.

86.10    SECOND METER.  Residents are allowed to install a second water meter, which will only measure water used for outside purposes such as filling swimming pools, watering lawns and gardens, and other outside uses.  This meter will not subject residents to a sewer charge for water that will never enter the sanitary sewer system.

  1. Backflow Devices Required. Second water meters will require backflow prevention devices approved by the City.
  2. Cost of Second Meter. Fees for the second meter and installation of the meter will be set by resolution of the City Council.
  3. Installation of Second Meter. Residents must have plumbing adapted so that water through the second meter can only be used for outside watering purposes and no hose or other attachment can be used to carry or pipe water into the house or building where it would enter the sanitary sewer system.  Installation must be inspected and approved by the Superintendent.  If at any time the homeowner decides that the second meter is no longer required, the plumbing must be returned to a single meter configuration.

[The next page is 463]

 

CHAPTER 87

WATER RATES

87.01 Service Charges 87.06 Lien for Nonpayment
87.02 Rates For Service 87.07 Lien Exemption
87.03 Rates Outside the City 87.08 Lien Notice
87.04 Billing for Water Service 87.09 Customer Deposits
87.05 Service Discontinued  

87.01    SERVICE CHARGES.  Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91.  Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not.

(Code of Iowa, Sec. 384.84)

87.02    RATES FOR SERVICE.  Water service shall be furnished at the following rates within the City:

(Code of Iowa, Sec. 384.84)

Gallons Used Per Month Rate
First 1,000 gallons $5.98 (minimum bill)
All over 1,000 gallons $5.98 per 1,000 gallons

87.03    RATES OUTSIDE THE CITY.  Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at the following rate:

 

Gallons Used Per Month Rate
First 1,000 gallons $7.65 (minimum bill)
All over 1,000 gallons $7.65 per 1,000 gallons

No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules, and regulations applying to water service established by the Council.

(Code of Iowa, Sec. 364.4 & 384.84)

87.04    BILLING FOR WATER SERVICE.  Water service shall be billed as part of a combined service account, payable in accordance with the following:

(Code of Iowa, Sec. 384.84)

  1. Bills Issued. The Clerk shall prepare and issue bills for combined service accounts on or before the first day of each month.
  2. Bills Payable. Bills for combined service accounts shall be due and payable at the office of the Clerk by the fifteenth day of the same month unless the fifteenth falls on a weekend, in which case the bills are due by the next business day.
  3. Late Payment Penalty. Bills not paid when due shall be considered delinquent.  A monthly late payment penalty of $5.00 shall be added to each delinquent bill.

87.05    SERVICE DISCONTINUED.  Water service to delinquent customers shall be discontinued in accordance with the following:

(Code of Iowa, Sec. 384.84)

  1. The City Administrator shall notify each delinquent customer that service will be discontinued or disconnected if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency.  Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance and disconnection.
  2. Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord. If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property.
  3. If a hearing is requested by noon of the day preceding the shut off, the billing clerk and/or City Administrator shall conduct an informal hearing and shall make a determination as to whether the discontinuance or disconnection is justified.  The customer has the right to appeal the decision to the Council, and if the Council finds that discontinuance or disconnection is justified, then such discontinuance or disconnection shall be made, unless payment has been received.
  4. A fee of $35.00 shall be charged before service is restored to a delinquent customer.  No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.

87.06    LIEN FOR NONPAYMENT.  The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises.  Water service charges remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

87.07    LIEN EXEMPTION. 

(Code of Iowa, Sec. 384.84)

  1. Water Service Exemption. The lien for nonpayment shall not apply to charges for water service to a residential or commercial rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential or commercial rental property and that the tenant is liable for the rates or charges.  The City may require a deposit not exceeding the usual cost of 90 days of such services to be paid to the City.  When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full.  The lien exemption does not apply to delinquent charges for repairs related to any of the services.
  2. Other Service Exemption. The lien for nonpayment shall also not apply to the charges for any of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal for a residential rental property where the charge is paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges for such service.  The City may require a deposit not exceeding the usual cost of 90 days of such services to be paid to the City.  When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full.  The lien exemption does not apply to delinquent charges for repairs related to any of the services.
  3. Written Notice. The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the residential or commercial rental property that the tenant is to occupy, and the date that the occupancy begins.  Upon receipt, the City shall acknowledge the notice and deposit.  A change in tenant for a residential rental property shall require a new written notice to be given to the City within 30 business days of the change in tenant.  A change in tenant for a commercial rental property shall require a new written notice to be given to the City within 10 business days of the change in tenant.  A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within 30 business days of the completion of the change of ownership.  A change in the ownership of the commercial rental property shall require written notice of such change to be given to the City within 10 business days of the completion of the change of ownership.
  4. Mobile Homes, Modular Homes, and Manufactured Homes. A lien for nonpayment of utility services described in subsections 1 and 2 of this section shall not be placed upon a premises that is a mobile home, modular home, or manufactured home if the mobile home, modular home, or manufactured home is owned by a tenant of and located in a mobile home park or manufactured home community and the mobile home park or manufactured home community owner or manager is the account holder, unless the lease agreement specifies that the tenant is responsible for payment of a portion of the rates or charges billed to the account holder.

87.08    LIEN NOTICE.  A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred.  If the customer is a tenant and if the owner or landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord.  The notice shall be sent to the appropriate persons by ordinary mail not less than 30 days prior to certification of the lien to the County Treasurer.

(Code of Iowa, Sec. 384.84)

87.09    CUSTOMER DEPOSITS.  There shall be required from every customer not the owner of the premises served a $150.00 deposit intended to guarantee the payment of bills for service.

(Code of Iowa, Sec. 384.84)

[The next page is 471]

 

CHAPTER 88

WATER SUPPLY CROSS-CONNECTION CONTROL

88.01 Purpose 88.08 Registration of Backflow-Prevention Assembly
88.02 Definitions Technician
88.03   Administrative Authority 88.09 Registered Backflow-Prevention Assembly
88.04 New Water Services Technician Noncompliance
88.05 Existing Water Services 88.10 Installation of Backflow-Prevention Assemblies
88.06 Customer 88.11 Testing of Backflow-Prevention Assemblies
88.07 Required Backflow-Prevention Assemblies 88.12 Repair of Backflow-Prevention Assemblies
  88.13 Customer Noncompliance

88.01    PURPOSE.  The purpose of this chapter is to safeguard the City’s potable water supply by preventing backflow into the public water system and protecting the health of residents of the City.

88.02    DEFINITIONS.  The following terms are defined for use in this chapter.  For the purpose of this section, these definitions supersede definitions given elsewhere in this Code of Ordinances.

  1. “Air-gap water distribution” means an air-gap water distribution is the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying potable water to the flood level rim of any rim of any tank, vat, or fixture.
  2. “Approved backflow-prevention assembly or containment” means a backflow-prevention assembly which is listed by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Backflow-Prevention Assemblies, or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle Backflow-Prevention Assemblies for containment. The listing shall include the limitations of use based on the degree of hazard.  The backflow-prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials.
  3. “Approved backflow-prevention assembly for containment in a fire protection system” means a backflow-prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM) or Underwriters Laboratory (UL), and the requirements of the Fire Code and the Building Code of the City, in addition to the requirements of paragraph 1(a). Devices sized smaller than two-and-one-half-inch diameters, which have not been listed by Underwriters Laboratory (UL) or by Factory Mutual Research Corporation (FM) may be allowed if approved by the administrative authority.
  4. “Auxiliary water supply” means any water supply on or available to the premises other than the water purveyor’s approved public water supply, such as (but not limited to) a private well, pond, or river.
  5. “Containment” means a method of backflow prevention which requires the installation of a backflow-prevention assembly at the water service entrance.
  6. “Contamination” means an impairment of the quality of the potable water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste.
  7. “Cross connection” means any actual or potential connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or tank, receptacle, equipment, or device through which it may be possible for non-potable, used, unclean, polluted, and contaminated water or other substance, to enter into any part of such potable water system under any condition.
  8. “Customer” means the owner, operator, or occupant of a building or property which has a water service from a public water system, or the owner of a private water system which has a water service from a public water system.
  9. “Degree of hazard” means the rating of a cross-connection or water service which indicates if it has the potential to cause contamination or pollution.
  10. “Double check valve backflow-prevention assembly” means a backflow prevention device consisting of two independently acting internally loaded check valves, four properly located test cocks, and two isolation valves.
  11. “High hazard cross connection” means a cross-connection which may cause an impairment of the quality of the potable water by creating an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste.
  12. “Isolation” means a method of backflow prevention in which a backflow-prevention assembly is located at the cross-connection rather than at the water service entrance.
  13. “Low hazard cross-connection” means a cross-connection which may cause an impairment of the quality of potable water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use.
  14. “Pollution” means an impairment of the quality of the potable water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use.
  15. “Potable water” means water which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the health authority having jurisdiction.
  16. “Public water system” means a public-owned or operated system consisting of source facilities and distribution system under the complete control of the administrative authority. Regulative control shall include any and all distribution piping connected to said system.
  17. “Reduced-pressure principle backflow prevention assembly” means a backflow prevention device consisting of two independently acting internally loaded check valves, a different pressure relief valve, four properly located test cocks, and two isolation valves.
  18. “Registered backflow-prevention assembly technician” means a person who is registered with the Iowa State Health Department to test or repair backflow-prevention assemblies and report on the condition of those assemblies.
  19. “Thermal expansion” means volumetric increase of water due to heating resulting in increased pressure in a closed system.
  20. “Water service” means, depending on the context, the physical connection between a public water system and a customer’s building, property, or private water system, or the act of providing potable water to a customer.

88.03    ADMINISTRATIVE AUTHORITY.

  1. For the purpose of this chapter, the administrative authority is the City Council acting through such persons or agencies the Council shall designate.
  2. The administrative authority shall have the right to enter any property to inspect for possible cross-connections.
  3. The administrative authority may collect fees for the administration of this program. Said fees shall be set by Belle Plaine City Council resolution.
  4. The administrative authority shall maintain records of cross-connection hazard surveys and the installation, testing, and repair of all backflow-prevention assemblies installed for containment purposes.

88.04    NEW WATER SERVICES.

  1. Plans shall be submitted to the administrative authority for review on all new water services in order to determine the degree of hazard.
  2. The administrative authority shall determine the type of back-flow prevention assembly required for containment based on the degree of hazard.
  3. The administrative authority shall require the installation of the appropriate backflow-prevention assembly containment before the initiation of water service.

88.05    EXISTING WATER SERVICES.

  1. Upgrades of existing water services shall be treated as new water services for the purposes of this chapter.
  2. The administrative authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard.
  3. After publication of the standards, the administrative authority shall, in writing, notify customers whose premises are classified as single-family residential of the provisions of this chapter and shall require compliance therewith.
  4. Within six months after publication of the standards, customers whose premises are not classified as single-family residential shall complete and return to the administrative authority a cross-connection hazard survey to be used to determine the type of containment device.
  5. The administrative authority shall, on the basis of information received from customers or gathered through on-premises investigations or surveys, determine the type of backflow-prevention assembly required for containment based on the degree of hazard.
  6. Within the time frame specified in writing by the administrative authority, the customer shall install a backflow-prevention assembly for containment required by the administrative authority.
  7. For existing water service, the administrative authority may inspect the premises to determine the degree of hazard. When high hazard cross-connections are found, the administrative authority shall, at its sole discretion:
  8. Develop a schedule of compliance which the customer shall follow; or
  9. Terminate the water service until a backflow-prevention assembly for containment required by the administrative authority has been installed.
  10. Failure of the administrative authority to notify a customer that they are believed to have a high hazard cross-connection and that they shall install backflow-prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section.

88.06    CUSTOMER.

  1. The customer shall be responsible for ensuring that no cross-connections exist without approved backflow-protection within his or her premises starting at the point of service from the public potable water system.
  2. The customer shall, at his or her own expense, cause installation, operation, testing and maintenance of the backflow-prevention assemblies required by the administrative authority.
  3. The customer shall ensure the administrative authority is provided with copies of records of the installation and of all tests and repairs made to the backflow-prevention assembly on the approved form within 15 days after testing and/or repairs are completed.
  4. In the event of a backflow incident, the customer shall immediately notify the Belle Plaine Water Department of the incident and take immediate action to confine the contamination or pollution.

88.07    REQUIRED BACKFLOW-PREVENTION ASSEMBLIES.

  1. An air-gap or an approved reduced-pressure principle backflow-prevention assembly is required for water services having one or more cross-connections which the administrative authority classifies as high hazard.
  2. An approved double check valve assembly is required for water services having no high hazard cross-connections but having one or more cross-connections which the administrative has classified as low hazard.
  3. A reduced-pressure principle backflow-prevention assembly shall be installed on all new and existing fire protection systems which the administrative authority determines to have any of the following:
  4. Direct connections from public water mains with an auxiliary water supply on or available to the premises for pumper connection.
  5. Interconnections with auxiliary supplies such as reservoirs, rivers, ponds, wells, mills or other industrial water systems.
  6. Use of antifreezes or other additives in the fire protection system.
  7. Combined industrial or domestic with high hazard and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.
  8. Any other facility, connection or condition which may cause contamination.
  9. A double check valve assembly will be required for all other fire protection systems. The double check valve shall be required on all new systems at the time of installation and on existing systems at the time that they are upgraded.

88.08    REGISTRATION OF BACKFLOW-PREVENTION ASSEMBLY TECHNICIAN.  A backflow-prevention assembly technician registered by the State of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this chapter.

88.09    REGISTERED BACKFLOW-PREVENTION ASSEMBLY TECHNICIAN NONCOMPLIANCE.

  1. The registration of a technician will be recommended for revocation or suspension for a period of up to two years for noncompliance with this chapter. Further action will be taken as prescribed by law to prevent further noncompliance.
  2. Any of the following conditions constitute noncompliance:
  3. Improper testing or repair of backflow-prevention assemblies.
  4. Improper reporting of the results of testing or of repairs made to backflow prevention assemblies.
  5. Failure to meet registration requirements.
  6. Related unethical practices.

88.10    INSTALLATION OF BACKFLOW-PREVENTION ASSEMBLIES.

  1. The required backflow-prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from a branch piping.  Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from containment or pollution between the backflow-prevention assembly and the water main.
  2. Reduced-pressure principle backflow-prevention assemblies shall be installed so as to be protected from flooding.
  3. Reduced-pressure principle backflow-prevention assemblies shall not be installed in underground vaults or pits.
  4. All backflow-prevention assemblies shall be protected to prevent freezing. Those devices used for seasonal services may be removed in lieu of being protected from freezing; however, the devices must be reinstalled and tested by a registered backflow-prevention assembly technician prior to service being reactivated.
  5. If hot water is used within the water system, thermal expansion shall be provided for when installing a backflow-prevention assembly for containment.
  6. Provisions shall be made to convey the discharge of water from reduced pressure principle backflow-prevention assemblies to a suitable drain.
  7. No backflow-prevention assemblies shall be installed in a place where it would create a safety hazard, such as, but not limited to, over an electrical panel, or above ceiling level.
  8. If interruption of water service during testing and repair of backflow-prevention assemblies for containment is unacceptable to the customer, another backflow-prevention assembly, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. All such installation shall be at the customer’s expense.
  9. All backflow-prevention assemblies shall be installed so that they are accessible for testing as stated in this chapter.
  10. All shut-off valves shall conform with the current edition of the Manual of Cross-Connection Control (University of Southern California) requirements for either ball or resilient seat gate valves at the time of installation. Ball valves shall be used on assemblies installed in piping two inches and smaller and resilient gate valves on assemblies installed in piping larger than two inches.

88.11    TESTING OF BACKFLOW-PREVENTION ASSEMBLIES.

  1. Testing of backflow-prevention assemblies shall be performed by a registered backflow-prevention assembly technician.
  2. Backflow-prevention assemblies shall be tested upon installation and tested and inspected at least annually.
  3. Backflow-prevention assemblies which are in place, but have been out of operation for more than three months, shall be tested before being put back into operation. Backflow-prevention assemblies used in seasonable applications shall be tested before being put into operation each season.
  4. Any backflow-prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow-prevention assembly shall be repaired or replaced prior to the resumption of water service.  Backflow-prevention assemblies shall be retested by a registered backflow-prevention assembly technician immediately after repair or replacement.
  5. The administrative authority may require backflow-prevention assemblies to be tested at any time in addition to the annual testing requirement.
  6. The registered backflow-prevention assembly technician shall report the successful test of a backflow-prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within 15 days of the test.
  7. The administrative authority may require, at its own cost, additional tests of individual backflow-prevention assemblies as it shall deem necessary to verify test procedure and results.

88.12    REPAIR OF BACKFLOW-PREVENTION ASSEMBLIES.

  1. All repairs to backflow-prevention assemblies shall be performed by registered backflow-prevention assembly technicians.
  2. The registered backflow-prevention assembly technician shall not change the design, material or operational characteristics of a backflow-prevention assembly during repair or maintenance, and shall use only original manufacturer replacement parts.
  3. The registered backflow-prevention assembly technician shall report the repair of a backflow-prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within 15 days of the repair. The report shall include the list of materials or replacement parts used.

88.13    CUSTOMER NONCOMPLIANCE.  The water service may be discontinued in the case of noncompliance with this chapter.  Noncompliance includes, but is not limited to, the following:

  1. Refusal to allow the administrative authority access to the property to inspect for cross-connections.
  2. Removal of a backflow-prevention assembly which has been required by the administrative authority.
  3. Bypassing a backflow-prevention assembly which has been required by the administrative authority.
  4. Providing inadequate backflow-prevention when cross-connections exist.
  5. Failure to install a backflow-prevention assembly which has been required by the administrative authority.
  6. Failure to test and/or properly repair a backflow-prevention assembly as required by the administrative authority.
  7. Failure to comply with the requirements of this chapter.

[The next page is 483]

 

CHAPTER 89

STORM WATER DRAINAGE UTILITY

89.01 Purpose 89.05 Use of Fund
89.02 Definitions 89.06 Payment of Bills
89.03 Drainage Utility Established 89.07 Lien for Nonpayment
89.04 Rates  

89.01    PURPOSE.  The purpose of this chapter is to establish a Storm Water Drainage Utility and provide a means of funding the construction, operation and maintenance of storm water management facilities, including (but not limited to) detention and retention basins, storm water sewers, inlets, ditches and drains, and cleaning of streets.  The Council finds that the construction, operation, and maintenance of the City’s storm and surface water drainage system should be funded through charging users of property which may connect or discharge directly, or indirectly, into the storm and surface water drainage system.

89.02    DEFINITIONS.  For use in this chapter, unless the context specifically indicates otherwise, the following terms are defined:

  1. “Connection” means the physical act or process of tapping a public storm water sewer or drainage line, or joining onto an existing side sewer, for the purpose of connecting private impervious surface or other storm and surface water sources or systems to the public storm and surface water system. It also includes the creation or maintenance of impervious surfaces that cause or may cause an increase in the quantity or decrease in quality, or both, from the natural state of storm water runoff, and which drains, directly or indirectly, to the storm and surface water drainage system.
  2. “Storm and surface water drainage system” means any combination of publicly owned storm and surface water quantity and quality facilities, pumping or lift facilities, storm and secondary drain pipes and culverts, open channels, creeks and ditches, force mains, laterals, manholes, catch basins and inlets, including the grates and covers associated therewith, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water within the City, to which sanitary sewage flows are not intentionally admitted.
  3. “Unit” means each household, place of commerce, education, government, religion, or industry, whether in a single building on a single lot, or in a multiple-use building on a single lot or multiple lot complex. Each unit shall be charged individually, but where the complex is billed under one combined service account, the recipient of that bill shall be deemed the user and receive the total combined storm water drainage system district charge for that complex.
  4. “User” means any person who uses property that maintains connection to, discharges to, or otherwise receives utility services from the City. The occupant of occupied property is deemed the user.  But where a complex is billed under one combined service account, the recipient of that bill shall be deemed the user and receive the total combined storm water drainage system district charge for that complex.  If the property is not occupied, the person who has the right to occupy it shall be deemed the user.  If it is not possible, after reasonable inquiry, to determine the rightful occupant of the occupied property, the owners, individually or severally, shall be deemed to be the users.

89.03    DRAINAGE UTILITY ESTABLISHED. Pursuant to the authority of Section 384.84(5) of the Code of Iowa, as most recently amended, the entire territorial limits of the City, and those service accounts outside these limits, are hereby declared to fall within the jurisdiction of the Storm Water Drainage Utility for the purpose of establishing, imposing, adjusting and providing for the collection of rates for the operation and maintenance of storm water management facilities.  The entire City, as increased from time to time by annexation, shall constitute the area covered by this Storm Water Drainage Utility.

(Code of Iowa, Sec.384.84[5])

89.04    RATES. Each user shall pay for storm and surface water drainage service provided by the City.  The rates for the operation and maintenance of the storm water management facilities shall be collected by imposing a monthly rate on each unit.  The rates/charges shall be billed as part of the user’s combined service account.  The City may adopt rules, charges, rates, and fees for the use of the City’s storm and surface water system and for services provided by the City related thereto.  Such rules may include delinquency fees, interest charges and/or penalties.  Such charges and fees shall be just and equitable based upon the actual costs of operation, maintenance, acquisition, extension, and replacement of the City’s Storm Water Management Facilities/Storm and Surface Water Drainage Systems, the costs of bond repayment, regulation, administration, and the services of the City.  The rates for the foregoing functions shall be collected by imposing a monthly rate of $4.00 on each residential unit, and $4.00 on every other, nonresidential unit.  (See definition of unit in Section 89.02 of this chapter.)

89.05    USE OF FUND.  The money paid and collected pursuant to this subchapter shall be held by the City in a special fund to be expended only for the purpose of constructing, operating, managing, repairing and maintaining all kinds of conduits, drains, storm water detention devices, flow impediments, ponds, ditches, sloughs, filter strips, rip-raps, erosion control devices and any other things and activities useful to the proper control management, collection, drainage and disposition of storm water in the City.

89.06    PAYMENT OF BILLS. All storm water drainage utility charges shall be due and payable under the same terms and conditions provided for payment of a combined service account as contained Section 87.04 of this Code of Ordinances.  All City services may be discontinued in accordance with the provisions contained in Section 87.05 if the combined service account becomes delinquent, and the provisions contained in Section 87.08 relating to lien notices shall also apply in the event of a delinquent account.

89.07    LIEN FOR NONPAYMENT. Except as provided for in Section 87.07 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for charges for the operation and maintenance of the storm water management facilities.  Any such charges remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

[The next page is 489]

 

CHAPTER 90

WELL FIELD PROTECTION REGULATIONS

90.01 Purpose 90.07 Exceptions
90.02 Definitions 90.08 Determination of Locations within Zones
90.03 Substances Regulated 90.09 Enforcement and Penalties
90.04 Maps of Zones of Influence 90.10 Inspections
90.05 Restrictions within the Primary Protection Zone 90.11 Notice of Violation and Hearing
90.06 Restrictions within the Secondary Protection Zone 90.12 Injunctive Relief

90.01    PURPOSE.  The purpose of this chapter is to institute land use regulations and restrictions to protect the City’s water supply and well fields, restrict the location of potential sources of contamination in close proximity to a public water supply, and to promote the public health, safety and general welfare of the residents of the City.

90.02    DEFINITIONS.

  1. “Alluvium” means sand, clay, etc., gradually deposited by moving water.
  2. “Aquifer” means a rock formation, group of rock formations, or part of a rock formation that contains enough saturated permeable material to yield significant quantities of water.
  3. “Contamination” means the presence of any harmful or deleterious substances in the water supply.
  4. “Groundwater” means subsurface water in the saturated zone from which wells, springs, and groundwater runoff are supplied.
  5. “Hazardous substances” are those materials specified in Section 90.03 of this chapter.
  6. “One-foot drawdown contour” means the locus point around a well or well field where the free water elevation is lowered by one foot due to the pumping of the well or well field.
  7. “Permitted pumping capacity” means the amount of water authorized to be pumped from a well during a one-year period.
  8. “Person” means any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, or any other entity whatsoever or any combination of such, jointly or severally.
  9. “Petroleum products” means fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils, hydraulic fluids, and other similar products.
  10. “Pollutant travel time” means the time required by pollutants to travel from one point to another.
  11. “Pollution” means the presence of any substance (organic, inorganic, radiological, or biological) or condition (temperature, PH, turbidity) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
  12. “Potable water” means water that is satisfactory for drinking, culinary, and domestic purposes, meeting current drinking water standards.
  13. “Primary containment” means the first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material, herein contained.
  14. “Public utility” means any utility (gas, water, sewer, electrical, telephone, cable television, etc.) whether publicly owned or privately owned.
  15. “Secondary containment” means the level of product tight containment external to and separate from the primary containment. Secondary containment consists of leak-proof trays under containers, floor curbing, or other containment systems and shall be of adequate size and design to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken.  The specific design and selection of material shall be sufficient to preclude any substance loss.  Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented.
  16. “Shallow well” means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point 25 feet below the normal ground surface.
  17. “Toxic substance” means any substance that has the capacity to produce personal injury or illness to humans through indigestion, inhalation, or absorption into the body.
  18. “Transmissivity” means the rate at which water is transmitted through a unit width of any aquifer under a unit of hydraulic gradient.
  19. “Travel time contour” means a locus of points from which water takes an equal amount of time to reach a given designation such as a well field.
  20. “Travel time zones” means the area bounded by travel time contours.
  21. “Water pollution” means the introduction in any surface or underground water of any organic or inorganic deleterious substance in such quantities, proportions, and accumulations that are injurious to human, plant, animal, fish and other aquatic life or property or that unreasonably interferes with the comfortable enjoyment of life or property or the conduct of business.
  22. “Well” means a pit or hole sunk into the earth to reach a resource supply such as water.
  23. “Well field” means a tract of land that contains a number of wells for supplying water.
  24. “Zones of influence” means zones delineated by fixed radii around well fields, within which toxic substances will be regulated to protect the quality of the underground resource.

90.03    SUBSTANCES REGULATED.  The materials regulated by this chapter shall consist of the following:

  1. Petroleum products, as defined in Section 90.02, Definitions.
  2. Substances listed in 40 CFR Part 261, subparts C and D, the Federal Hazardous Waste List.
  3. Substances listed by the Iowa Labor Commissioner pursuant to Section 89B.12 of the Code of Iowa. (Hazardous Chemicals Risks-Right to Know).

90.04    MAPS OF ZONES OF INFLUENCE.

  1. Zone of influence maps and any amendments thereto are incorporated by reference and made a part of this chapter.  These maps shall be on file in the Water Department.  At the time of adoption of the ordinance codified in this chapter, the location of all wells in the City supplying potable water to the City Water System shall be located on the Official Belle Plaine Zoning Map with primary and secondary protection zones indicated.  No land within the Primary Protection Zone that is currently not zoned commercial or industrial will be allowed to be rezoned to a commercial or industrial classification.  Said maps shall be provided to the City Clerk, the Planning and Zoning Board, Supervisor of Public Works, Zoning Officer, Benton County Health Department, and any other agency requesting said maps.
  2. Map Maintenance. The zone of influence maps may be updated on an annual basis.  The basis for such an update may include, but is not limited to, the following:
  3. Changes in the technical knowledge concerning the aquifer.
  4. Changes in permitted pumping capacity of City well fields.
  5. Addition of wells to existing well fields.
  6. Designation of new well fields.
  7. Zones of Influence. The zones of influence indicated on the zone of influence maps are as follows:
  8. Primary Protection Zone. An area extending 200 feet radially from any well supply potable water to the City Water System.
  9. Secondary Protection Zone. An area extending between 200 and 1,000 feet radially from any well supplying potable water to the City Water System.
  10. Zone of Sensitivity. The land area situated within one-half mile of each well owned and operated by the City.

90.05    RESTRICTIONS WITHIN THE PRIMARY PROTECTION ZONE.

  1. Permitted Uses. The following uses are permitted uses within the Primary Protection Zone.  Uses not listed are to be considered prohibited uses.
  2. Parks, provided there are no on-site waste disposal or fuel storage tank facilities associated within this use, and the Iowa DNR Separation Distances From Wells for sources of contamination is complied with.
  3. Prohibited Uses. All other uses are prohibited within the Primary Protection Zone.  Additional restrictions are as follows:
  4. No person shall discharge or cause or permit the discharge of a hazardous substance (including herbicide and pesticide applications) to the soils, groundwater, or surface water within the Primary Protection Zone. Any person known or having evidence of a discharge shall report such information to the Supervisor of Public Works.
  5. New sanitary landfills are prohibited within the Primary Protection Zone.
  6. The use, handling, production, and storage of hazardous substances are prohibited in the Primary Protection Zone except as provided in this chapter. All persons who presently engage in nonexempt activity within the protection zone who store, handle, use or produce any hazardous substances shall cease to do so within two years from the effective date of the ordinance codified in this chapter, except as provided herein.
  7. Feedlots or other concentrated animal facilities are prohibited within the Primary Protection Zone.
  8. Wastewater treatment plants, percolation ponds, dredge spoil deposits and similar facilities are prohibited within the Primary Protection Zone.
  9. Septic tanks are prohibited within the Primary Protection Zone.
  10. Other prohibited uses are: septage and/or sludge and/or animal waste land spreading, salt storage, and radioactive waste facilities.

90.06    RESTRICTIONS WITHIN THE SECONDARY PROTECTION ZONE.

  1. Permitted Uses. The following uses are permitted within the Secondary Protection Zone.  Uses not listed are to be considered prohibited uses.
  2. All uses listed as permitted in the Primary Protection zone.
  3. Sewered residential, commercial and/or industrial uses except those listed as prohibited uses in subsection 2 of this section.
  4. Above ground storage tanks 660 gallons or less.
  5. Basement storage tanks.
  6. Prohibited Uses. All other uses are prohibited within the Secondary Protection Zone.  Additional restrictions are as follows:
  7. No person shall discharge or cause or permit the discharge of a hazardous substance (including herbicide and pesticide applications) to the soils, groundwater, or surface water within the Secondary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the City.
  8. New sanitary landfills are prohibited within the Secondary Protection Zone.
  9. The use, handling, production, and storage of hazardous substances are prohibited in the Secondary Protection Zone, except where secondary containment is provided, or underground storage tanks in compliance with Chapter 135 of the Iowa Administrative Code, above ground storage tanks in compliance with requirements of the State Fire Marshal, or as provided under Section 90.07 of this chapter.
  10. Feedlots or other concentrated animal facilities are prohibited within the Secondary Protection Zone.
  11. Wastewater treatment plants, percolation ponds, dredge spoil deposits and similar facilities are prohibited within the Secondary Protection Zone.

90.07    EXCEPTIONS.

  1. The following activities or uses are exempt from the provisions of this chapter:
  2. The transportation of any hazardous substance through the well field protection zones, provided the transporting vehicle is in transit.
  3. Silvaculture uses and mosquito control spraying, providing that said uses shall comply with the Iowa Commercial and Public Pesticide Applicators and Dealers Licensing through the Iowa Department of Agriculture. The use and storage of herbicides and pesticides for silvaculture uses are prohibited within the Primary Protection Zone but are allowed within the Secondary Protection Zones.
  4. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle.
  5. Fire, police emergency medical services, emergency management center facilities, or public utility transmission facilities.
  6. Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers.
  7. Consumers products limited to use at a facility solely for janitorial or minor maintenance purposes.
  8. Consumer products located in the home which are used for personal, family, or household purposes.
  9. The storage and use of hazardous substances as a fuel or lubricant to provide auxiliary power for emergency use to the well field, provided an enclosed secondary containment system is provided for the hazardous substance.
  10. The use of water treatment chemicals connected with the operation of the well.
  11. The use of structures or facilities existing at the time of the adoption of the ordinance codified by this chapter may be continued even though such use may not conform with the regulations of this chapter. However, such structure or facility may not be enlarged, extended, reconstructed or substituted subsequent to adoption of said ordinance.
  12. Any person who engages in nonresidential activities relating to the storage, handling, use or production of any toxic or hazardous substances and who is exempt from this chapter by law shall not be subject to the restrictions contained herein.
  13. All written requests to permit variances or special exceptions in the Belle Plaine Well Field Protection Zones will be to the Board of Adjustment and must include an environmental assessment report. Any exemptions granted will be made conditional and may include environmental and safety monitoring and/or a bond posted for future monitoring and cleanup costs.  The exemption will be made void if environmental and/or safety monitoring indicate the facility is emitting any releases of harmful contaminates to the surrounding environment.  The facility will be held financially responsible for all environmental cleanup costs.

90.08    DETERMINATION OF LOCATIONS WITHIN ZONES.  In determining the location of properties within the zones depicted on the Zone of Influence Maps, the following rules shall apply:

  1. Properties located wholly within one zone reflected on the applicable Zone of Influence Map shall be governed by the restrictions applicable at the zone.
  2. For properties having parts living within more than one zone as reflected on the applicable Zone of Influence Map each part shall be governed by the restriction applicable to the zone in which it is located.

90.09    ENFORCEMENT AND PENALTIES.

  1. The Supervisor of Public Works is designated as the Well Field Protection Officer unless another person is specifically designated by the City Council to supervise the implementation and enforcement of this chapter.
  2. No building permit shall be issued which is a violation of the Iowa DNR Separation Distances from Wells. A violation of this chapter or a source of contamination for a City well.
  3. No new underground tanks will be allowed for auxiliary fuel storage in the Primary or Secondary Zones.
  4. Any person who fails to comply with the provisions of this chapter shall upon conviction be deemed guilty of a misdemeanor; each day that such violation exists shall be deemed a separate offense.

90.10    INSPECTIONS.

  1. The Supervisor of Public Works shall have the power and authority to enter and inspect all buildings, structures, and land within well field zones of influence for the purpose of making an inspection. Failure of a person having common authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the Supervisor of Public Works.
  2. In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the Supervisor of Public Works may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection thereof.
  3. The Supervisor of Public Works shall inspect each well field annually and shall maintain an inventory, if applicable, of all hazardous substances which exist within each well field zone. An emergency plan shall be prepared and filed with the County Emergency Management Agency indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled materials.
  4. It is the duty of all law enforcement officers to assist in making inspections when such assistance is required by the officer or inspector.

90.11    NOTICE OF VIOLATION AND HEARING.  Whenever the Supervisor of Public Works determines that there is a violation of this chapter, said official shall give notice thereof in the manner hereinafter provided.  A notice of violation shall:

  1. Be in writing.
  2. Be dated and signed by the officer or inspector.
  3. Specify the violation or violations.
  4. State that said violations shall be corrected within a specified period of time as issued in writing by the inspector.

90.12    INJUNCTIVE RELIEF.  If any person who engages in nonresidential activities stores, handles, uses, and/or produces toxic substances within the well field zones of influence, as indicated on the Zone of Influence Maps, continues to operate in violation of the provisions of this chapter, then the City may file an action for injunctive relief in the court of jurisdiction.

[The next page is 501]

 

CHAPTER 91

WELL SITE PROTECTION

91.01 Purpose 91.03 Distances
91.02 Description  

91.01    PURPOSE.  The purpose of this chapter is to institute land use regulations and restrictions of the surrounding land protecting the City’s deep well #6 public water supply, and to promote the public health, safety, and general welfare of the residents of the City.

91.02    DESCRIPTION.  For the purpose of carrying out the provisions of this chapter, the following described area shall be designated as the Belle Plaine Water System District.

All that land lying within the boundary of a circle of 200-foot radius, the center of which is the existing Well No. 6, centered 19 feet west and 17 feet north of the southeast corner of Lot 54 of Dumont’s Addition to Belle Plaine, Iowa.

91.03    DISTANCES.  No structure or facility of the enumerated types set out in the following Table A shall be located within the distances set forth in said Table from the aforementioned well site within the City.

 

 

 

 

TABLE A:  SEPARATION DISTANCES

 

SOURCE OF CONTAMINATION REQUIRED MINIMUM DISTANCE FROM WELL,
IN FEET
Deep Well1 Shallow Well1
WASTEWATER STRUCTURES:
Point of Discharge to Ground Surface
Sanitary and industrial discharges 400 400
Water treatment plant wastes 50 50
Well house floor drains 5 5
Sewers and Drains2
Sanitary and storm sewers, drains 0 – 25 feet:  prohibited

25 – 75 feet if water main pipe

75 – 200 feet if sanitary sewer pipe

0 – 25 feet:  prohibited

25 – 75 feet if water main pipe

75 – 200 feet if sanitary sewer main pipe

Sewer force mains 0 – 75 feet:  prohibited

75 – 400 feet if water main pipe

400 – 1,000 feet if water main or sanitary sewer pipe

0 – 75 feet:  prohibited

75 – 400 feet if water main pipe

400 – 1,000 feet if water main or sanitary sewer main pipe

Water plant treatment process wastes that are treated onsite 0 – 5 feet:  prohibited

5 – 50 feet if sanitary sewer pipe

0 – 5 feet:  prohibited

5 – 50 feet if sanitary sewer main pipe

Water plant wastes to sanitary sewer 0 – 25 feet:  prohibited

25 – 75 feet if water main pipe

75 – 200 feet if sanitary sewer pipe

0 – 25 feet:  prohibited

25 – 75 feet if water main pipe

75 – 200 feet if sanitary sewer main pipe

Well house floor drains to sewers 0 – 25 feet:  prohibited

25 – 75 feet if water main pipe

75 – 200 feet if sanitary sewer pipe

0 – 25 feet:  prohibited

25 – 75 feet if water main pipe

75 – 200 feet if sanitary sewer main pipe

Well house floor drains to surface 0 – 5 feet:  prohibited

5 – 50 feet if sanitary sewer pipe

0 – 5 feet:  prohibited

5 – 50 feet if sanitary sewer main pipe

Land Disposal of Treated Wastes
Irrigation of wastewater 200 400
Land application of solid wastes3 200 400
Other
Cesspools and earth pit privies 200 400
Concrete vaults and septic tanks 100 200
Lagoons 400 1,000
Mechanical wastewater treatment plants 200 400
Soil absorption fields 200 400

 

 

 

 

SOURCE OF CONTAMINATION REQUIRED MINIMUM DISTANCE FROM WELL,
IN FEET
Deep Well1 Shallow Well1
CHEMICALS:
Chemical application to ground surface 100 200
Chemical & mineral storage above ground 100 200
Chemical & mineral storage on or under ground 200 400
Transmission pipelines (such as fertilizer, liquid petroleum, or anhydrous ammonia) 200 400
ANIMALS:
Animal pasturage 50 50
Animal enclosure 200 400
Earthen silage storage trench or pit 100 200
Animal Wastes
Land application of liquid or slurry 200 400
Land application of solids 200 400
Solids stockpile 200 400
Storage basin or lagoon 400 1,000
Storage tank 200 400
MISCELLANEOUS:
Basements, pits, sumps 10 10
Cemeteries 200 200
Cisterns 50 100
Flowing streams or other surface water bodies 50 50
Railroads 100 200
Private wells 200 400
Solid waste landfills and disposal sites4 1,000 1,000

 

 

1      Deep and shallow wells, as defined in IAC 567-40.2(455B):  A deep well is a well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at least five3 feet thick located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn.  A shallow well is a well located and constructed in such a manner that there is not a continuous layer of low permeability soil or rock (or equivalent retarding mechanism acceptable to the department) at least five feet thick, the top of which is located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn.

2      The separation distances are dependent upon two factors:  the type of piping that is in the existing sewer or drain, as noted in the table, and that the piping was properly installed in accordance with the standards.

3      Solid wastes are those derived from the treatment of water or wastewater.  Certain types of solid wastes from water treatment processes may be land–applied within the separation distance on an individual, case-by-case basis.

4              Solid waste means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities

 

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