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Chapter 705: UTILITY RATES AND CHARGES

ARTICLE I: General

Section 705.010.  Right to Change Rates Reserved. [CC 1984 §115.010]

The schedule of rates for the use of municipal utilities may at any time and in any respect be changed by action of the Board of Aldermen, and the right to make such change without notice to the individual consumer is hereby expressly reserved.  

ARTICLE II

Water and Sewer

Section 705.020.  Water Rates. [1] [Ord. No. 547 §§1 — 3, 3-12-1985; Ord. No. 853 §1, 7-8-2003; Ord. No. 06-898 §1, 2-10-2005; Ord. No. 07-966 §1, 10-22-2008; Ord. No. 12-13 §1, 10-9-2012; Ord. No. 15-02 § 1, 1-8-2015] 

  A.   The rate for water service to customers of the waterworks system of the City of La Plata, Missouri, shall be as follows:  
  1.       Minimum bill twenty-one dollars ($21.00) for the first one thousand (1,000) gallons.  
  2.       Next five thousand (5,000) gallons for one hundred twelve ten thousandths ($0.0112) per gallon.  
  3.       Next four thousand (4,000) gallons for ninety-five ten thousandths ($0.0095) per gallon.  
  4.       Next five thousand (5,000) gallons for eighty-two ten thousandths ($0.0082) per gallon.  
  5.       All over fifteen thousand (15,000) gallons for seventy ten thousandths ($0.0070) per gallon.   
 B.     The schedule of rates of the use of municipal water shall be automatically adjusted to compensate for water rate increases implemented by the City's supplier. New individual consumer water rate increases shall coincide with the supplier rate change.   

Section 705.030.  Water and Sewer Charges Incurred by Occupant, Imputed to Owner. [Ord. No. 552 §1, 8-13-1985] 

 A.    All water and sewer services provided to an occupant who is not the owner of the property, with respect to property located within the City limits, are deemed furnished to both the occupant and the owner of the property. 
 B.    Charges for user services, connection fees and other charges all relating to water and sewer services, rendered for an occupant and becoming delinquent after notice is mailed pursuant to Subsection (E) below, may be collected from either the owner or the occupant, provided however, that such notice shall not be required for the City to collect from the occupant. 
 C.    Unpaid amounts that may be collected from either the owner or the occupant shall become a lien upon the land to which the charges apply upon filing with the Recorder of Deeds of Macon County, a notice of delinquency. The lien may be enforced by suit or foreclosure. 
 D.    Upon payment in full of the amounts set forth in the notice of delinquency, the City Collector shall file with the Recorder of Deeds of Macon County a similar notice releasing the lien on the land. 
 E.     Where water and sewer services are provided to one who is not the owner of the property, the owner shall be sent a copy of this Section at his/her last known address.    

ARTICLE III

Electric

Section 705.040.  Electrical Rates. [Ord. No. 624 §2, 9-11-1990; Ord. No. 746 §§1 — 2, 9-12-2000; Ord. No. 887 §1, 9-14-2004; Ord. No. 04-921 §1, 2-14-2006]

The monthly rates to be charged residential and commercial users shall be as follows:

Units

Per Unit

Per 1,000

First 30 kwh

$8.30

Minimum charge

Next 50 kwh

$0.15972


Next 220 kwh

$0.11979


Next 700 kwh

$0.09317


Next and up kwh

$0.07986


                         

    

Section 705.050.  Electric Charges Incurred by Occupant, Imputed to Owner. [Ord. No. 553 §1, 8-13-1985] 

 A.     All electric services provided to an occupant who is not the owner of the property, with respect to property located within the City limits, are deemed furnished to both the occupant and the owner of the property. 
 B.    Charges for user services, connection fees and other charges all relating to electric services, rendered for an occupant and becoming delinquent after notice is mailed pursuant to Subsection (C) below, may be collected from either the owner or the occupant, provided however, that such notice shall not be required for the City to collect from the occupant. 
 C.    Where electric services are provided to one who is not the owner of the property, the owner shall be sent a copy of this Section at his/her last known address.    


[1].  Cross Reference — As to sewer rates, see §720.040 of this Code.

Chapter 710: WATER REGULATIONS

Cross References — As to water and sewer rates, see ch. 705; as to user charge system, see ch. 720.

ARTICLE I: In General

Section 710.010.  Meters — Ownership. [CC 1984 §112.010]

Effective January 1, 1980, all water meters in service will become the property of the City of La Plata, Missouri. At the request of any water customer, the City will replace a privately owned meter, prior to January 1, 1980, upon proper documentation. 

Section 710.020.  Meters — Remote. [CC 1984 §112.020]

All meters installed to a location normally inaccessible to meter readers will be of a remote reading type. All new customers desiring a remote reading meter will be billed for the difference in cost between a standard meter and the remote reading meter. The City will retain sole ownership to all new water meters. The City may replace any existing meter with a remote type without charge to the customer. All customers will provide access to all water meters for reading, inspection, maintenance, repair or replacement during normal working hours, or at any other mutually agreed time. 

Section 710.030.  Meters — Connection Fee. [CC 1984 §112.030; Ord. No. 835 §1, 10-22-2002]

For all new services there will be a connection fee of thirty dollars ($30.00). For the connection fee, the City will make the tap at the water main and inspect the line to the point of service. The person requesting service will be responsible for all excavations, pipe or tubing, meter pit or vault with lid and the meter setter or yoke. The minimum depth for all new and/or replacement water lines shall be forty-two (42) inches deep or more. All new and/or replacement water lines and water line fittings shall be seamless copper or PVC SCH. 40 of the correct size. All fittings within the water meter pit shall be brass or copper. 

Section 710.040.  Meters — Deposit. [CC 1984 §112.040]

Every person requesting a new water service shall post a one hundred dollar ($100.00) deposit whenever an excavation in the traveled roadway of a street or other public right-of-way is required. The deposit will be used to insure repair and replacement of the traveled roadway to a satisfactory condition upon closing the excavation. The cost of any post closing maintenance required shall be subtracted from the deposit and the balance refunded after one (1) year. 

Section 710.050.  Meters — Installation. [CC 1984 §112.050]

For normal pit meter installations, the City will be responsible for leaks through the meter and the customer responsible for leaks beyond the meter. In the case of remote meter locations a shut-off should be provided adjacent to the property line with the City responsible for leaks through this shut-off and the customer responsible for all leaks, except with the meter, beyond the shut-off. In the case where no shut-off is provided for a remote meter installation, the customer will be responsible for all leaks from the tap at the water main. 

Section 710.060.  Leak Adjustment. [CC 1984 §112.060]

Nothing in this Chapter shall be construed as limiting a customer's right to apply for the leak adjustment provided hereinbefore. 

Section 710.070.  Fees and Connections. [CC 1984 §112.070]

All water connections and fees shall be in accordance with the provisions of this Chapter except that if there is a street or traveled roadway over the service connection in a subdivision which has not been accepted for City maintenance, no excavation deposit will be required. 

Section 710.080.  Tampering. [CC 1984 §§112.080 — 112.090] 

 A.   No unauthorized person shall tamper, alter, destroy, damage, remove, or otherwise change or cause to be changed, any valve, hydrant, meter, storage or distribution system of the City of La Plata. 
  B.   Penalty. Any person found guilty of an act prohibited by Subsection (A) shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.    

Section 710.090.  Connection for Building Purposes. [CC 1984 §112.110]

When a connection is made to supply water for building purposes the service pipe shall be carried at the expense of the party building to the inside of the curbstone line where a proper curb stop shall be placed with a pipe leading to the surface, the faucet of which shall be kept secured and locked when not in use. When the building is completed the faucet and pipe shall be taken up and the water shut off at the curb stop. 

Section 710.100.  Duty of Plumbers Concerning Connection Permits. [CC 1984 §112.120]

Whenever extensions are desired or new connections are to be made in place of old ones to the City water supply, permits must be obtained in the usual manner. It shall be the duty of all plumbers to make return in writing to the office of the Mayor before the water will be turned on, of all connections made by them, giving a description of the premises, location of the corporation cock, length of service pipe, number of feet from the northerly or easterly line of the lot or premises to the place where the tap in the main is located, together with the names of the occupants and the owner of the premises, and it shall be the duty of all plumbers to produce a special permit before making any change in connections that have been made with the water mains. 

Section 710.110.  Turn on Requires Order of Mayor. [CC 1984 §112.130]

No consumer or other person whose water service shall have been turned off for any reason shall turn on the water or reopen the service, or permit the same to be done by any person, except by order of the Mayor. 

Section 710.120.  Special Permit Required for Use of Public Hydrants, Hoses, Pipes, Etc. [CC 1984 §112.140]

No person shall take water for private use from any public hydrant, plug, draw cock, hose, pipe or fountain furnished for fire purposes or other public use, without the consent of the Mayor, and a special permit therefor having been paid for and received therefor. The Mayor shall determine the charge for said permit, which shall be his/her estimate as to the cost of any water used and extraordinary expenses incurred by the City in providing supervisory personnel or other extraordinary service. 

Section 710.130.  Interference With Waterworks Prohibited. [CC 1984 §112.150]

No person shall hitch any horse or mule to any fire hydrant, or open fire hydrant, or remove or obstruct the stopcock cover of any fire hydrant, or paint, mark or deface any fire hydrant or any public or private stopcock, or place or deposit any dirt or other material in any such stopcock boxes or in any meter box, or turn any public or private stopcock, or commit any act tending to obstruct the use thereof, or in any manner tamper with or injure any building, meter box, valve box, valve, engine, motor, pump or other machinery, pipe, hose, tools, fixtures or apparatus of the waterworks. 

Section 710.140.  Contamination Prohibited. [CC 1984 §112.160]

No person shall bathe in any reservoir belonging to the waterworks of the City or place anything whatever in any reservoir, well, aerator, filter or any opening of any kind in any pipe or hydrant belonging to the waterworks of the City or perform any other act which might contaminate the water. 

Section 710.150.  (Reserved) [1] 

ARTICLE II

Lead Ban Policy

Section 710.160.  Lead Ban — General Policy. [Ord. No. 694 §I, 4-8-1997; Ord. No. 15-12 § 1, 1-12-2016] 

 A.    Purpose. The purpose of this Article is to:  
  1.       Ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and  
  2.       Protect City residents from lead contamination in the City's public drinking water system and their own private plumbing systems.   
 B.    Application. This Article shall apply to all premises served by the public drinking water system of the City of La Plata. 
 C.    Policy.  
  1.       This Article will be reasonably interpreted by the Water Purveyor. It is the Purveyor's intent to ban use of lead-based material in the construction or modification of the City's drinking water system or private plumbing connected to the City's system. The cooperation of all consumers is required to implement the lead ban.  
  2.       If, in the judgment of the Water Purveyor or its authorized representative, lead-based materials have been used in new construction or modifications after January 4, 2014, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead-based materials removed from the plumbing system and replaced with lead-free materials. If the lead-based materials are not removed from the plumbing system, the Water Purveyor shall have the right to discontinue water service to the premises.     

Section 710.170.  Definitions. [Ord. No. 694 §II, 4-8-1997; Ord. No. 15-12 § 2, 1-12-2016]

The following definitions shall apply in the interpretation and enforcement of this Article: 

CONSUMER — The owner or person in control of any premises supplied by or in any manner connected to a public water system;  

LEAD FREE  

  1.       When used with respect to solder and flux, refers to solders and flux containing not more than two tenths percent (0.2%) lead; and  
  2.       When used with respect to pipes, pipe fittings, plumbing fittings, and fixtures, refers to pipes, pipe fittings, plumbing fittings, and fixtures containing not more than a weighted average of twenty-five hundredths percent (0.25%) lead.    

LEAD-BASED MATERIALS — Any material containing lead in excess of the quantities specified in the definition of "lead-fee" of this Section.  

PUBLIC DRINKING WATER SYSTEM — Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources; and  

WATER PURVEYOR — The owner, operator, or individual in responsible charge of a public water system.  

Section 710.175.  Exemptions. [Ord. No. 15-12 § 3, 1-12-2016] 

 A.    Pipes, pipe fittings, plumbing fittings or fixtures, including backflow preventers, that are used exclusively for non-potable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption. [SDWA 1417(a)(4)(A)] 
 B.    Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, fire hydrants, shower valves, service saddles, or water distribution main gate valves that are two inches in diameter or larger. [SDWA 1417(a)(4)(B)]   

Section 710.180.  Lead Banned From Drinking Water Plumbing. [Ord. No. 694 §III, 4-8-1997; Ord. No. 15-12 § 4, 1-12-2016] 

 A.    No water service connection shall be installed or maintained to any premises where lead-based materials were used in new construction or modifications of the drinking water plumbing after January 4, 2014. 
 B.    If a premises if found to be in violation of Section 710.180(A), water service shall be discontinued until such time that the drinking water plumbing is lead free.    

ARTICLE III

Water Conservation Plan

Section 710.190.  Water Conservation Plan. [Ord. No. 595 §§I — IV, 9-13-1988] 

 A.    The plan would become effective upon a finding by the management of the Water Department that a probable water shortage problem exists. When it can be anticipated that there is a distinct possibility of a water distribution shortfall, the following plan will be implemented until it can be determined that the emergency no longer exists. Depending on the expected severity of the problem it is possible that Stages Two or Three might be implemented immediately. Requests for public cooperation would be made through the news media. This Article will affect only those citizens and commercial entities who receive water service from the disaster Water Department. 
 B.     Stage One (Voluntary). Request voluntary conservation efforts and compliance with the following restrictions: 
  1.       No washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, no pumping of fountain recirculating water. 
  2.       No refilling of swimming pools with water furnished by the City. 
  3.       No washing of cars, other motor vehicles, trailers, or boats. 
  4.       No water used for dust control. 
  5.       No flushing of mains by Water Department personnel except to alleviate specific customer complaints. 
  6.       Commercial and industrial users will be requested to conserve water as much as possible.

              If after the initiation of Stage One, weather conditions, expected trends in demand, or other factors indicate that the threat of water shortage will continue, the additional provisions of Stage Two will be implemented.              

      

 C.    Stage Two (Voluntary). Stage One restrictions would remain in effect plus the following restrictions would also be requested: 
  1.       No use of water from a fire hydrant except for fighting fire, human consumption, or use in connection with animals. 
  2.       Watering of any lawn, garden, landscaped area, tree, shrub, or other plant shall be prohibited, except from a hand-held hose or container, or drip irrigation system. Such watering shall be permitted only at times designated by the management of the City Water Department. 
  3.       Commercial and industrial users would be requested to reduce their water consumption by thirty percent (30%).

              If, after the initiation of Stage Two, weather conditions, expected trends in demand, or other factors indicate that the threat of a water shortage will continue or worsen, or if a serious problem or system emergency should develop, the mandatory measures of Stage Three would be implemented.     

      

 D.     Stage Three (Mandatory). 
  1.       No washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, no pumping of fountain recirculating water. 
  2.       No refilling of swimming pools with water furnished by the City. 
  3.       No use of water for recreational uses such as water slides or yard play. 
  4.       No washing of cars, other motor vehicles, trailers, or boats except from a bucket. 
  5.       No water to be used for dust control. 
  6.       No flushing of mains by Water Department personnel except to alleviate specific customer complaints. 
  7.       No use of water from a fire hydrant except for fighting fires, human consumption, or use in connection with animals. 
  8.       Watering of any lawn, garden, landscaped area, tree, shrub, or other plant shall be prohibited.

              Depending upon the severity of the problem, the plan could revert back to Stage One or Two or be cancelled as conditions improve.         

      

  E.   Notification Provision. 
  1.       With respect to the mandatory provisions of this plan, a customer shall be deemed to have been notified and directed to reduce the use of water as set forth in the plan when the Mayor of the City of La Plata or his/her designated representative files such notice through the news media, except nothing contained herein shall be deemed to prohibit other means to notify persons of the need to reduce use of water in accordance with the plan. 
  2.       Upon the Mayor taking steps to notify customers as set forth above, a customer shall be presumed to have notice and shall take steps to comply with the plan, except a customer may rebut such presumption by showing that the customer did not, in fact, have notice of the directions to comply with the provisions of this plan.   
  F.    Compliance With The Plan. 
  1.       All persons who receive City water service shall be entitled to receive such water service only upon strict compliance with provisions of the plan. 
  2.       It shall be unlawful for any person to violate the mandatory provisions of the plan when such person is directed to reduce or curtail their use of water as set forth in Stage Three of the plan. A direction to reduce or curtail use of water shall be presumed when notice is given as set forth in the plan.   
 G.    Penalties. Any person, who shall violate any of the mandatory provisions of the plan pertaining to discontinuance, interruption, curtailment of water service, shall be subject to the penalties up to five hundred dollars ($500.00) on the first (1st) offense and disconnection of service on the second (2nd) offense.    

ARTICLE IV

Cross-Connection Control

Section 710.200.  Definitions. [CC 1984 §113.010]

The following definitions shall apply in the interpretation and enforcement of this Article: 

AIR-GAP SEPARATION — The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one (1) inch.  

AUXILIARY WATER SUPPLY — Any water source or system, other than the public water supply, that may be available in the building or premises.  

BACKFLOW — The flow other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.  

BACKFLOW PREVENTION DEVICE — Any device, method, or type of construction intended to prevent backflow into a potable water system.  

CONSUMER — The owner or person in control of any premises supplied by or in any manner connected to a public water system.  

CONTAINMENT — Protection of the public water supply by installing a cross-connection control device or air-gap separation on the main service line to a facility.  

CONTAMINATION — An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.  

CROSS-CONNECTION — Any physical link, between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.  

HAZARD, DEGREE OF — An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.  

  1.       Hazard, health: Any condition, device, or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.  
  2.       Hazard, plumbing: A plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.  
  3.       Hazard, pollutional: An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.  
  4.       Hazard, system: An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.    

INDUSTRIAL PROCESS SYSTEM — Any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.  

ISOLATION — Protection of a facility service line by installing a cross-connection control device or air-gap separation on an individual fixture, appurtenance, or system.  

POLLUTI