Chapter IX, Section V - Nonpotable Water Service
Sec. 9-5-1 Establishment of nonpotable water enterprise
Sec. 9-5-2 Applicability – private nonpotable water systems
Sec. 9-5-3 Permit required
Sec. 9-5-4 Unlawful use
Sec. 9-5-5 System – installation and maintenance
Sec. 9-5-6 Depth of water mains and service lines
Sec. 9-5-7 Nonpotable system use required
Sec. 9-5-8 Nonpotable color code system required
Sec. 9-5-9 Stopcock required
Sec. 9-5-10 Flat fee calculation for users
Sec. 9-5-11 Design/construction
Sec. 9-5-12 Raw water conveyance
Sec. 9-5-13 Penalty
Sec. 9-5-1. Establishment of Nonpotable Water Enterprise.
(a) There is hereby created the Town of Eaton Nonpotable Water Enterprise, which enterprise shall be responsible for the operation and maintenance of any nonpotable water service system owned and controlled by the Town.
(b) The Town Board hereby designates itself as the governing body of the enterprise and, to the extent it deems necessary, the governing body shall exercise the Town's legal authority relating to the system to the Enterprise, but shall not levy a tax.
(c) All action (not inconsistent with the provisions of this Section) heretofore taken by the Town Board or by the officers and employees of the Town directed toward the operation of the system as an "enterprise" under Section 20 of Article X of the State Constitution is hereby ratified, approved and confirmed.
(d) Funds collected by the Nonpotable Water Enterprise to the extent allowed by law may be commingled for purposes of investment and financial management with the Water and Sewer Utility Enterprises or other funds of the Town, so long as accurate records are kept as to the funds allocable to the Nonpotable Water Enterprise and to other funds of the Town. (Ord. 499 §1, 2002)
Sec. 9-5-2. Applicability – private nonpotable water systems.
This Section shall apply to all water service systems located or operated within the Town, including private nonpotable water systems or quasi-public nonpotable water systems. (Ord. 499 §1, 2002)
Sec. 9-5-3. Permit required.
It is unlawful for any owner, lessee, user, person or entity to turn on or cause to be turned on water for any premises or take and use water on any premises from the nonpotable water service system without first obtaining authorization from the Town. (Ord. 499 §1, 2002)
Sec. 9-5-4. Unlawful use.
It is unlawful for any owner, lessee, user, other person or entity to take or use in any manner or obtain nonpotable water from the Town nonpotable water service system when the service has been shut off by the Town or the point from which water is taken has otherwise been designated as unauthorized for use. (Ord. 499 §1, 2002)
Sec. 9-5-5. System – installation and maintenance.
(a) Valves, service lines and all other materials used in the nonpotable water service installation shall meet the specifications outlined in the material standards approved by the Town and shall be installed as prescribed by ordinance, resolution or the Plumbing Code then in effect in the Town. All materials used and construction performed shall be as directed by the Town and shall be inspected and accepted by the Town prior to nonpotable water service being provided.
(b) The Utilities Director or other authorized administrative employee shall have the authority to disconnect or shut off the nonpotable water from any main or service line for the purpose of repairing, causing the owner to repair the same when on private property and for making connections or extensions or for the servicing of any part of the water works system. The owner of the premises shall be responsible for the maintenance and repair of the shut-off valve, service lines and any equipment necessary or required to provide nonpotable water service to the premises. The owner shall be responsible for the repair and maintenance of all items caused by freezing and leakage. All maintenance, repairs and replacements performed are subject to the procedures established in this Section. (Ord. 499 §1, 2002)
Sec. 9-5-6. Depth of water mains and service lines.
(a) Unless otherwise specified by ordinance, or unless otherwise required or approved by the administrative authority, the minimum depth of cover for all nonpotable water lines from the finished grade to the top of the pipe shall be four and one-half (4½) feet.
(b) Any person who constructs a nonpotable pipeline in violation of this Section, which is located in a street, alley or other easement of the Town, shall be liable to the Town for all costs of repair caused by the freezing of water in the pipeline or caused by pressures created by ice in the pipeline.
(c) Any person who constructs a nonpotable pipeline on private property in violation of this Section shall be liable to the property owner for the costs of all repair caused by the freezing of water in the pipeline, or caused by pressures created by ice in the pipeline. (Ord. 499 §1, 2002)
Sec. 9-5-7. Nonpotable system use required.
In all subdivisions or parts of Town where a nonpotable water system is installed, use of such system shall be required for all lot irrigation. All lot irrigation systems other than house-attached hose bibs must be connected to the nonpotable irrigation tap. (Ord. 499 §1, 2002)
Sec. 9-5-8. Nonpotable color code system required.
The nonpotable water distribution system shall be installed with purple colored pipe or material in combination with markings to consistently and clearly identify the nonpotable water system separately from the potable water works system. Fittings shall be designed and labeled so that interconnection with the potable water works system cannot be made inadvertently. All pumps, pipes, outlets and reservoirs of the potable system shall be clearly identified by a consistent color and marking clearly indicating that such equipment is part of the nonpotable system. (Ord. 499 §1, 2002)
Sec. 9-5-9. Stopcock required.
Each property served by the nonpotable water works system shall be served with a stopcock which may be used by the property owner to control nonpotable water service for repairs and to terminate the nonpotable water service for purposes of shutting down the irrigation system during winter weather. The stopcock may be used by the Town for purposes of terminating nonpotable water service for nonpayment of the charges for nonpotable water service. Failure to pay nonpotable water service charges may result in a notice of water shutoff and termination of nonpotable water service, the collection of interest and placement of a lien upon the property as authorized in Section 9-1-2 of this Chapter. (Ord. 499 §1, 2002)
Sec. 9-5-10. Flat fee calculation for users.
A flat charge shall be levied against each property using nonpotable water based upon the square footage of the lot from which has been subtracted the non-irrigated part of the lot, which shall consist of the building footprint, accessory buildings and driveways. (Ord. 499 §1, 2002)
Sec. 9-5-11. Design/construction.
Before any nonpotable water system is installed in any subdivision or part of the Town, the system shall be designed by a registered professional engineer and shall be constructed in a manner similar to the potable water system and as more specifically described in this Code. Before any nonpotable water system is put into use, a dye test on the nonpotable water system shall be performed to ensure proper functioning and to ensure that no cross-contamination or cross-connection has occurred. (Ord. 499 §1, 2002)
Sec. 9-5-12. Raw water conveyance.
(a) For the purpose of enabling the Town to acquire a sufficient water supply to meet the requirements of the nonpotable water works system, each property owner annexing property into the Town and each property owner developing property in the Town which will use a nonpotable water system shall dedicate to the Town an adequate supply of water to meet the requirements of the nonpotable water works system, together with an appropriate nonpotable storage facility, or to otherwise provide for nonpotable water storage as may be necessary to serve the proposed annexation or development.
(b) In those subdivisions or areas of the Town where a nonpotable water works system has been installed, the Town and the developer may agree upon an appropriate reduction in the water dedication requirements provided elsewhere in this Code. (Ord. 499 §1, 2002)
Sec. 9-5-13. Penalty.
A person who violates the requirements of this Section shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment of not more than one (1) year, or by both such fine and imprisonment. (Ord. 499 §1, 2002)
