H-2 WATER SUPPLY

H-2-1 DEFINITIONS

Unless the context specifically indicates, the meaning of terms used in this ordinance shall be as follows:

A. “Domestic water” shall mean potable water provided for use in drinking, sanitation and cleansing, and the watering of vegetation all on a scale associated with a residence or dwelling.

B. “Non-domestic water” shall mean the water used for motive force, cooling, large scale irrigation, or other consumptive uses from which economic gain is expected to be realized, or rates or quantities in excess of seven thousand five hundred (7,500) gallons per day.

Source:

Authority: SDCL 9-47-1

H‑2-2 NON-DOMESTIC USE OF WATER

Any person requiring a water supply for purposes other than domestic use must make application to the Director of Public Works or his designee. The Director of Public Works or his designee may capitalize costs of special facilities or increased capacities to be paid on a per unit basis, may require immediate payment of costs attributable to such requirements, or may decline to supply water for non-domestic use.

Source:

Authority: SDCL 9-29-1, 9-47-1

H-2-3 PREREQUISITES FOR WATER SUPPLY

A. Except as provided in H-2-2 and notwithstanding the subdivision requirements set forth in chapter Q, the owners of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes situated within the City requesting municipal water service shall connect such service to the municipal water system in accordance with the provisions set forth in this chapter.

B. Any proposed installation of water services beyond an existing public water main shall be installed in accordance with provisions of this chapter.

C. Plans and specifications for the water main and connecting service lines shall be approved by the Director of Public Works or his designee, if in conformance with this chapter, and placed on file. Such plans and specifications shall conform with all federal, state, county, and municipal laws and regulations. The water main and service lines shall be installed in such a manner that freezing or uncontrolled release of water cannot occur under foreseeable circumstances and no foreign material can be siphoned into the municipal water system.

D. The person requesting the installation of the water main (hereinafter referred to as “requesting party”) shall be responsible for all labor and material costs associated with the installation of the water main, including but not limited to, the water main pipe, sleeves, tees, valves, valve boxes, saddles, corporation stops, hydrants and other pertinent apparatus necessary to extend or connect to the existing municipal water system. The requesting party shall be responsible for the materials and labor associated with the installation and maintenance of all water service lines.

E. Prior to commencement of the water main installation, any necessary easements and an agreement for installation shall be executed between the City of Fort Pierre and the requesting party. The agreement shall incorporate the approved plans and specifications, allow for other parties to tap into or extend the water main, provide for the collection of fees, establish the amount of the fee to be charged by the requesting party on a per linear or per square foot basis, and provide for the transfer of ownership of the main as required by H-2-4.

F. The requesting party may collect a fee for all costs from all parties, except the City of Fort Pierre, who wish to tap the water main by assessing the lot or parcel fronting or abutting the water main at a rate not to exceed eighty percent (80%) of the original cost on a per linear or per square foot basis. The requesting party shall not collect any fee from parties not subject to the fee for costs who only wish to extend the water main.

G. Except for the City of Fort Pierre and the requesting party, all other parties connecting to the water main for the purpose of extending the water main or for tapping the water main for a service line shall pay to the City any current municipal tapping fee in addition to the fee for materials required by H-2-4, if any.

H. All installation and tapping fees payable to the requesting party or the City of Fort Pierre must be paid in full prior to the City at the time of application, pursuant to H‑2‑6.

I. On the fifth anniversary of the water line contract, or earlier if the owner has recouped his costs or if the owner has selected a lesser period of time, whichever is sooner, for water improvements less than 2,000 lineal feet or less than $50,000 in total construction cost, the owner shall deliver a properly executed bill of sale to the City for the sum of One Dollar ($1).

J. On the tenth anniversary of the water line contract, or earlier if the owner has recouped his costs or if the owner has selected a lesser period of time, whichever is sooner, for water improvements greater than 2,000 lineal feet or greater than $50,000 in total construction cost, the owner shall deliver a properly executed bill of sale to the City for the sum of One Dollar ($1).

The City may furnish water service, domestic or non-domestic, to persons outside the City boundaries (hereinafter referred as “contracting party”):

1. All labor and material costs for the installation of any such service shall be borne by the contracting party.

2. All contracting parties seeking to tap the municipal water main either at or near the City boundaries or a water main installed under contract under the provisions of the chapter shall pay to the City the current municipal tapping fee in addition to the costs imposed in H-2-4.J.1.

3. The metering of the water for the purpose of charging for such service shall be at a location and of a type approved by the Director of Public Works or his designee. All meters outside the City limits shall be maintained by the City of Fort Pierre. All costs associated with the purchase and any subsequent repairs shall be paid by the contracting party. All meters shall be placed in a pit or other facility at the expense of the contracting party. The construction of such pit or other facility shall be approved by the Director of Public Works or his designee prior to its installation.

4. Multiple meters can be allowed by contract with the City provided the City is granted free and convenient access to any property where such meters are located; and provided further, that the contracting party agrees to hold harmless and indemnify the City from any loss or liability arising from the provision of such water service and access to property, including reasonable attorney fees.

5. All meters outside the City boundaries shall be accessible to the Director of Public Works or his designee for the purpose of reading or maintaining such meters.

6. All curb stops for waterlines located outside the City boundaries shall be installed on the upstream side of the meter pit. All back flow preventors shall be installed on the downstream side of the meter.

7. Prior to the connection of any water line outside municipal boundaries to the City water system, the plans and specifications for the water main and connecting service lines shall be designed by a registered engineer, submitted to the Director of Public Works or his designee for approval of conformance with this chapter, and placed on file. Any service line shall be installed in such a manner that freezing or uncontrolled release of water cannot occur under foreseeable circumstances and no foreign material can be siphoned into the municipal water system. Maintenance of any such water service line shall be the responsibility of the contracting party from the point of connection to the City water system regardless of the location of the meter.

8. Any uncontrolled release in a line outside limits shall be repaired within forty-eight (48) hours of notice. If not repaired, the service will be terminated without further notice.

Source: Ord. 814

Authority: SDCL 9-47-1

Cross Reference: H-5-4C

H-2-5 TAMPERING WITH WATER SUPPLY

It is unlawful for any person to uncover, tap, or alter in any way any water supply main operated by the City, or to disrupt, modify, or control the flow of water without authorization from the Director of Public Works or his designee. It is unlawful for any person to inject or permit to be siphoned into such main any material.

Violation of this ordinance, unless specifically exempted, subjects the violator to the standard penalty for violation of ordinances, as provided for in chapter T.

Firefighters in the process of fighting a fire or practicing firefighting skills are exempt from this section.

Source:

Authority: SDCL 9-19-3, 9-29-1, 9-47-1, 22-34-28, 49-34-15

H-2-6 PROCEDURE FOR TAPPING MAIN

A person wishing to obtain a new water supply from a City water main must apply to the Director of Public Works or his designee for a permit to tap a City main, and must pay to the Finance Officer or his designee the required deposit and the cost of the labor and materials required for the tap, to the extent the cost exceeds the deposit.

The tap shall be made by the City. The applicant is responsible for furnishing and installing all water supply facilities other than the tap itself. The applicant is further responsible for all excavation necessary, including the cutting, patching, or repairing of any surfaced street.

No tap or line may be covered until inspected by the City Superintendent or his designee. The pipe, curb stop, and curb box utilized must be a type approved by the City Superintendent or his designee, and the stop must be placed in a standard and accessible location. If an installation is covered before approval, the person covering shall be liable to the City for the cost of re-excavation.

Source:

Authority: SDCL 9-47-1

H-2-7 METERING OF ALL WATER FROM THE CITY WATER MAINS – CITY’S DUTY TO FURNISH AND SERVICE METERS

All consumers of water from the City water main shall receive City water through a meter. The City Water Department shall provide all meters and outside meter devices, install, and keep the same in repair free of charge to the consumer as provided in this chapter. The meter and outside meter devices will remain the property of the City. The property owner shall furnish suitable plumbing for the water meters according to the plumbing code.

Source:

Authority: SDCL 9-47-1

H-2-8 SINGLE METER FOR EACH SERVICE PIPE – AUXILIARY METERS

The supply of water through each separate service pipe must be recorded by one (1) meter only. All additional or auxiliary meters shall be furnished by the owner or occupant at his own expense, and he must assume all responsibility of maintaining and reading the same.

Source:

Authority: SDCL 9-47-1

H-2-9 PLACEMENT OF WATER METERS

All meters shall be located in the cellar, basement, or crawl space of the building on the premises to be supplied with water and provided with a valve between the main and the meter. The Director of Public Works or his designee may permit the meter in other places on the property when, in his opinion, such meter shall be safe from frost or other destructive conditions.

Source:

Authority: SDCL 9-47-1

H-2-10 PLACEMENT OF OUTSIDE METERS IN METER PITS

All water meters not located in cellars, basements, or crawl spaces must be placed in meter pits. The construction of such pit shall be approved by the Director of Public Works or his designee and shall not be below the frost line, three (3) feet long and two and one-half (2 1/2) feet wide, inside measurement, and must be provided with two (2) close fitting covers so arranged as to provide a dead air space between each cover, and with steps to enable one to descend into the pit. The City may supply the necessary materials for the meter pit; provided all costs and sales tax associated with the purchase of the meter pit is paid by the owner.

Source:

Authority: SDCL 9-47-1

H-2-11 RESPONSIBILITY OF CONSUMER FOR SAFETY AND ACCESSIBILITY OF METERS – COSTS AND PENALTIES

A suitable place, safe from frost or other damage and accessible for reading and examination, must be provided for said meter at the expense of the owner or occupant. In all cases where the meter is injured by freezing, or where it is otherwise damaged by the act or neglect of the owner or occupant of the premises, or of his agent, the cost of repair and replacing of same shall be paid by the owner or occupant. In case of neglect or refusal to pay the same on demand and, after reasonable notice to the owner or occupant, the water supply may be turned off or meter removed or both, and shall not again be turned on until such costs are paid and conditions corrected. Such notice will set out the grounds on which the disconnection is based, state the utility’s intention to disconnect, identify the corrective action which the customer must take to avoid disconnection, and advise the customer of the right and procedure to appeal. The owner or occupant of all premises where a water meter is located shall see that the meter is kept free from obstruction on or around the same and conveniently accessible during all reasonable hours of the day for the purpose of reading, inspection or repairing of such meter.

Source:

Authority: SDCL 9-29-1, 9-47-1

H-2-12 PLACEMENT OF CHECK VALVES ON BOILERS AND HOT WATER APPARATUS

Where a meter has been placed on a water pipe connection to a boiler or other hot water apparatus, a check valve must be placed and maintained between such meter and the boiler or hot water apparatus, when so ordered by the City, which shall protect such meter from back pressure of steam or hot water. In case the meter shall be damaged by hot water or steam the owner or occupant of the premises shall pay for all such damages.

Source:

Authority: SDCL 9-47-1

H-2-13 METER TESTING AT CONSUMER’S REQUEST – DEPOSIT – ALLOWABLE VARIANCES

Any owner or occupant of premises shall have the right, upon payment of fee to the City as prescribed in chapter H-5, to have his water meter tested. The owner or occupant may be present at such test if he so desires. If the meter is found to be defective, the fee shall be returned.

Source:

Authority: SDCL 9-47-1

Cross Reference: H-5-2.1

H-2-14 PROHIBITIONS AGAINST DAMAGING OR INTERFERING WITH METERS – PENALTIES

Any person who shall break or deface the seal of any water meter or outside meter device, or who shall obstruct or injure the action of any water meter or outside meter device, or who shall make any connections by means of a pipe or otherwise with any main or pipe used for the delivery of water to the consumer in such manner as to take water from said main or pipe without its passing through a water meter, or who shall use any water so obtained, or who shall, with intent to defraud, make any connection or re‑connection with such main or pipe, or turn on or off or in any manner interfere with any valve, stop cock or other appliance connected therewith, shall, upon conviction therefore, be penalized as provided in chapter T.

Source:

Authority: SDCL 9-19-3, 9-29-1, 9-47-1, 22-34-1

H-2-15 CITY OFFICIALS AND EMPLOYEES PERMITTED TO ENTER PREMISES TO MAKE INSPECTIONS – PENALTIES

The Mayor, City Council members, chief law enforcement officer, City Engineer, Director of Public Works or his designee, and employees of the City Water Department shall be permitted (at reasonable hours) to enter the premises or buildings of consumers to examine the water pipes and fixtures and the manner in which water is used. In any case of fraudulent representation on the part of the owner or occupant, or willful or unreasonable use of water, such owner or occupant shall be notified in writing, and the City may cause the water service to be discontinued and assessed reasonable damages.

Source:

Authority: SDCL 9-29-1, 9-47-1

Cross Reference: C-3-5, Municipal Utility Service Agreement

H-2-16 COMMON USE WATER SERVICE LINES PROHIBITED

All water service lines installed after the effective date of this ordinance shall be separate from any other existing water service line and shall be tapped directly into a municipal water main. Exceptions may be allowed only by written permission of the Director of Public Works or his designee upon written finding that no adverse effect upon human health or operation of the water system will be experienced and that it is economically unfeasible to create a separate water system. If written permission is granted, it shall be so indicated on the permit application filed in accordance with H-2-6.

Source:

Authority: SDCL 9-29-1, 9-47-1