Article IV - Operation and Maintenance of Water and Sewer Systems
4.1 Responsibilities of District
Except as otherwise provided by these Rules and Regulations, the District is responsible for the operation and maintenance of the sewer and/or water systems in accordance with these Rules and Regulations.
4.2 Design of Systems
Sewer systems must have adequate gravity drainage. Lift stations will not be accepted by the District without written permission from the District. Permission for the construction of lift stations must occur before construction plan approval occurs. Water systems must have adequate gravity fed finished water storage.
4.3 Use of Systems
Taps and service connections are approved for specific uses as stated on the water tap application and the sewer tap application. The Regulations Administrator may request an inspection in accordance with Section 1.10 Authority to Inspect, to identify any unauthorized use for which the customer is subject to a fine in accordance with Section 1.11 Violators Fined.
4.3.1 Notice of Changes
The customer shall notify the District prior to any expansion or addition to the service or any change in the use of the property served by the District and upon any change of ownership of said property and upon any substantial change in sewage characteristics. Any such change in use which, in the opinion of the District, will increase the burden placed on the District's system by the customer shall require a redetermination of the tap fee and monthly service charge, and a payment by the customer of any additional tap fee and monthly service charge resulting from the redetermination. When an expansion or change in use occurs that results in additional fees due, a credit for the existing use shall be given. Tap fees based on the current rate for the specific use as stated in the original permit shall be credited against the redetermined tap fee so that only the unpaid portion of any redetermined tap fee shall be due. However, if the redetermination results in a conclusion that the tap fee, if assessed currently, would be in an amount less than the tap fee originally paid, the redetermined fee shall not result in a refund to the customer. For example, if a structure changes from two units to three units without expanding the square footage of the structure, the additional tap fees shall be calculated giving full credit to the two units and the square footage for which tap fees were previously paid or payable.
4.3.2 Inspection Required
Any customer believed to have changed equipment, service, or use of his property, in violation of this section, shall be notified of such belief by the District, and shall be afforded twenty (20) days from the date upon which the notice is mailed in which to respond to the District's notice. Any response by the customer must include permission to make an inspection of the property as the District may deem necessary to establish clearly the nature of equipment, service and use of the property. Failure to respond may result in the District discontinuing service to the property.
4.3.3 Unauthorized Connection and Fees
No person shall be allowed to connect onto the sewer or water systems or to enlarge or otherwise change equipment, service, or use of property without prior payment of tap fees, approval of a permit for service, and adequate supervision and inspection of the tap by District employees. Any such connection, enlargement, or change without payment, approval, supervision, and inspection shall be deemed an unauthorized connection.
Any violation of this section shall result in the assessment of an unauthorized connection fee. The District shall take those steps authorized by these Rules and Regulations and Colorado law regarding the collection of said fees.
Upon the discovery of any unauthorized connection, the then-current tap fee and accrued service charge, if any, shall become immediately due and payable, and the property shall automatically be assessed an additional unauthorized connection fee equal to the then-current tap fee per single family equivalent, as liquidated damages toward the District's costs associated with such unauthorized connections. The District shall send written notice to the customer benefited by such connection stating that an unauthorized connection has been made between the customer's property and the District facilities. The customer shall have twenty (20) days from the date the notice is mailed to pay the then-current tap fee and accrued service charges, if any. If not paid within this period, the District shall proceed in accordance with the provisions of Section 4.3.5 Revocation of Service.
4.3.4 Redetermination of Tap Fees
Following inspection, the District shall make a determination as to the change in the customer's equipment, service or use of the property in question, and shall redetermine any additional tap fees and service charges due. In the event the decision of the District is deemed unsatisfactory to the customer, the customer may present a complaint in accordance with ARTICLE IX - HEARING AND APPEAL PROCEDURES, of these Rules and Regulations.
4.3.5 Revocation of Service
Service shall be revocable by the District upon non-payment of any valid fees or charges owed to the District. In the event of non-payment, the customer shall be given not less than twenty (20) days advance notice in writing of the revocation. The notice shall set forth:
1. The reason for the revocation;
2. That the customer has the right to contact the District, and the manner in which the District may be contacted for the purpose of resolving the obligations; and
3. That there exists an opportunity for a hearing in accordance with ARTICLE IX - HEARING AND APPEAL PROCEDURES, of these Rules and Regulations.
4.3.6 Suspended Service
When a building is moved or destroyed and/or the water and sewer services are suspended, the original tap authorization shall remain, provided that a written request is made to, and approved by the Regulations Administrator prior to cessation of payment of service charges.
When a service line is abandoned permanently, the customer shall valve the water supply off at the main line (corporation stop valve), and plug the sewer service connection at the main. If the customer is not responsive within a reasonable time period as determined by the Regulations Administrator, the District will valve the water supply and plug the sewer service line. The cost shall be charged to the customer and a lien filed on the property. Variances to this requirement will be considered on a case-by-case basis.
4.4 Tampering with Systems
4.4.1 Unauthorized Use
No person shall uncover, alter, disturb, make any connection with, make an opening into, or backfill prior to inspection the water or sewer system without a written authorization from the District. Unauthorized uses of or tampering with the District's systems include, but are not limited to, change in customer's equipment, service or use of property, as defined in Section 4.3 Use of Systems; an unauthorized turn-on or turn-off of water service or a water main; burying valve boxes; modifying any water meter; and discharging prohibited sewage even though the same may be performed on a privately owned and maintained service line. All water use must be metered. Any unmetered use is considered to be unauthorized use, unless approved by the District.
4.4.2 Malicious Damage to System
No person shall maliciously, willfully, or negligently, break, damage, destroy, cover, uncover, deface, or tamper with any portion of the District's system.
4.4.3 Violators Prosecuted
Any person who shall violate the provisions of this Section 4.4 Tampering with Systems, shall be assessed a $2,000 fine for each violation, and shall be prosecuted to the full extent of Colorado law for tampering or malicious damage to District property.
4.5 Use of Water System
4.5.1 Customer Responsibility
Each customer shall be responsible for all costs associated with the maintenance of the service line from the building to the curb stop, edge of easement or property line, whichever is closer to the main.
4.5.2 Turn-On/Turn-Off of Service
All routine turn-on and turn-off of water service at a curbstop shall be performed only by District personnel. During emergencies, a customer may turn-off the water service at the curb stop valve. The District shall be notified of the turn-off and the circumstances at the earliest time. Only District personnel shall turn-on the water service.
When initial service is provided and when the turn-off/turn-on service is performed for a customer requiring maintenance to his service line, a service fee will not be charged. In other circumstances the District shall assess a single turn-off/turn-on charge in the amount of $50 for each turn-off and turn-on performed. In each case where turn-off of water service is caused by non-payment or late payment of service charges and fees, the turn-on service fee will be $100. The service fee will be increased in increments of $25 per instance of turn-on over a consecutive 12-month period. Payment of all charges and fees are required in full prior to turn-on of the water service. All other requests for a turn-off or turn-on of water service may be granted or denied by the District at the District's sole discretion.
The District will provide turn-on service for a tap for new construction only one time prior to the occupancy of the building served. At the time the water meter is set, service charges begin unless the District is requested to perform the turn-off. In this event the customer will be charged $50 when service is turned on.
4.5.3 Water Meters
Meter sizes for all applications shall be determined by the District. All connections to the District's water system shall include a water meter. All water meters shall have devices for remote reading as well as a Meter Transceiver Unit (MXU) for automated radio-meter reading. The type of water meter and location of the meter shall be subject to the approval of the District and accessible for maintenance (see APPENDIX B - WATER AND SEWER SERVICE LINE CONSTRUCTION SPECIFICATIONS). The customer shall install the initial meter and the District shall have the right to test, remove, repair, or replace any and all water meters. Any meter not installed in accordance with District specifications shall be immediately replaced upon notification by the District. The customer shall be subject to a fine for illegal tampering of the water system. Each customer is responsible for notifying the District if his water meter is operating defectively. If any meter is suspected to be defective, the District shall diligently pursue repair or replacement of said meter at the District's expense unless the defect is a result of negligence or tampering by the customer. In this case the cost for repair or replacement shall be added to the service charge bill.
During the interim period prior to repair, the following procedure shall be enforced. The customer shall be given notice, by first-class mail, that the District suspects that the water meter is defective. The customer shall be given thirty (30) days in which to respond, which response shall include scheduling with the District an appointment for a meter inspection and replacement. If the customer fails to respond, the customer will be placed on the unmetered rate, effective with the following billing cycle. (See applicable District's Appendix A for unmetered rate.
The customer shall be given a second notice, by first-class mail, that the District suspects that the water meter is defective. The customer shall be given thirty (30) days in which to respond to the second notice, which response shall include scheduling an appointment for a meter inspection and replacement. If the customer fails to respond to the second notice, the District may disconnect the water service and charge the customer the base water rate and unmetered sewer rate while the service is disconnected. Service will be restored only upon payment of all fees and repair of the water meter. (See applicable District's Appendix A for base rate.)
4.5.4 Pressure Reducing Valve
A pressure-reducing valve (PRV) shall be installed in all service lines upstream of every water meter, ensuring that the water meter and the building plumbing system, including any fire sprinkler system, are protected from fluctuating water main pressures. The pressure setting of the PRV shall not exceed 200 psi without written permission from the District.
4.5.5 Stop and Waste Type Valve
Stop and waste type valves are permitted only with the installation of an approved backflow prevention device. When closed, this type valve permits groundwater contamination of the service line. The customer is responsible for burying the service line with sufficient cover to prevent freezing.
4.5.6 Repair of Service Line
Leaks, breaks and general maintenance of the water service line shall be the responsibility of the customer. The customer shall be given notice by first- class mail, that the water service line is defective and in need of repair. Customer shall institute repair or maintenance immediately. If satisfactory progress toward repairing the service line has not been completed in a timely manner or the District determines that environmental or property damage is being caused, the District shall shut off the water service until the service line has been repaired. In addition, the District shall have the right to effect the repair, and the costs therefore shall constitute a lien on the property as provided for by C.R.S., 32-1-1001.
4.5.7 Safety Devices
Each customer having boilers and/or other appliances which depend on pressure or water in pipes, or on a continual supply of water, shall provide, at his own expense, suitable safety device to protect himself and his property against a stoppage of water supply or loss of pressure. The District expressly disclaims any liability or responsibility for any damage resulting from a customer's failure to provide such appropriate protection.
4.5.8 Fire Hydrants
It is unlawful for any person to operate District valves or fire hydrants without prior written authorization by the District. Law enforcement officers, personnel of the District, or personnel of a fire department are authorized to confiscate any hydrant wrench or valve shut-off key found to be used without written District authorization. Any violation shall be considered "Unauthorized Use" and will be subject to all fines and fees therein.
4.5.9 Clearances Around Hydrants
No landscaping, retaining walls, or buildings may obstruct the access to fire hydrants. Minimum clearances must be maintained around fire hydrants to facilitate their use. Customers are responsible to maintain a seven-foot (7') clearance on either side (where 2" connectors are located), four-foot (4') clearance (including landscaping, retaining walls) on back, ten-foot (10') clearance in front (where steamer connection is located), and twenty-five-foot (25') clearance above all fire hydrants. The breakaway collar must be six inches (6") above the finished grade.
4.5.10 Fire Hydrant Meter
Fire hydrant meters are allowed to be used by special permit. Only District personnel are allowed to install and remove fire hydrant meters unless a written variance is issued. The customer will be subject to a penalty if he attempts to install or remove a fire hydrant meter. The customer is responsible for any damage, including vandalism or freezing, to fire hydrants or fire hydrant meters. The customer is responsible to provide adequate protection when freezing may occur. (See applicable District's Appendix A for deposit, installation, relocation, and user fees.)
Fire hydrant water shall not be used for drinking purposes at anytime without permission of the District. If the water is to be used for lawn irrigation, the customer shall provide a backflow device.
4.6 Water Use Restrictions
The District is responsible for protecting an adequate supply of water to its consumers. The District recognizes that certain conditions may exist when water supply is temporarily limited. At the sole discretion of the Board, this Section 4.6 Water Use Restrictions, will go into effect for limited periods of time.
4.6.1 Waste
Water shall be used only for beneficial purposes and shall not be wasted. Any instance of flagrant runoff or waste will be considered a violation of these Water Use Restrictions and subject to the penalties provided for in Section 4.6.5 Violations. Water for irrigation of lawns and other outside uses shall be used pursuant to regulations of the District.
4.6.2 Restrictions of Use
If conditions of supply so limit the water supply of the District's water system that unrestricted water use may endanger the adequacy of that supply, the Board of Directors, exercising its discretion in the protection of the public health, safety, and welfare, may, by resolution, adopt the following emergency water use restrictions and such additional regulations and restrictions as are reasonably calculated under all conditions to conserve and protect that supply and to insure a regular flow of water through the system. Emergency water use regulations and restrictions shall remain in force and effect until the Board determines that the conditions requiring their imposition no longer exist.
Subsequent to adoption by resolution of the Board and commencing June 1, and continuing through September 30, no water shall be used for lawn irrigation or other purposes outside the residence, apartment building, commercial building, or other structure (hereinafter referred to as the "Building") except as follows:
1. Premises with even-numbered addresses may use irrigation water on said premises outside said buildings on Sundays, Wednesdays, and Fridays.
2. Premises with odd-numbered addresses may use irrigation water on said premises outside said building on Tuesdays, Thursdays, and Saturdays.
3. Swimming pools will be limited to one filling unless draining for repairs is necessary.
4. No irrigation shall be permitted at any time by use of free running hose without nozzle or sprinkler.
5. Nothing herein shall prevent the imposition of a total ban on outside water use in the event of an extreme emergency, nor to further create an exception to meet a specific water supply condition.
4.6.3 Remedies for Unauthorized Use
Any unauthorized use of water shall be paid for at the same rate as if that use had been authorized together with the costs incurred by the District in discovering and collecting for the unauthorized use. Such payments shall not in any way affect the right of the District to disconnect or suspend water service to any customer for unauthorized use, or to charge additional penalties or pursue such other remedies as may be authorized by law or approved by the Board of Directors of the District; nor shall it affect any criminal liability which may have attached by reason of such authorized use.
4.6.4 Seals and Detection Devices
The District may require that seals be attached to any water using system in or about a customer's premises in order to detect any unauthorized use of water from that system. If necessary, the District may also require that mechanical devices be attached to any water using system in or upon a customer's premises in order to detect any unauthorized use of water from such system. Such mechanical devices may be inspected on behalf of the District at any reasonable time.
4.6.5 Violations
The violation of any water use regulation or restriction or waste of water shall be considered grounds for the disconnection or suspension of water service to any customer, premises, building or water facility. The customer using the premises, building, or facility shall be responsible for complying with the regulations and/or restrictions and violators of said regulations and/or restrictions will be subject to fines imposed by the District and possible disconnection or suspension of water service.
4.6.6 Special Permits
The District may issue special permits as follows:
1. When there are circumstances which do not permit a water user to comply with the regulations and restrictions and deliver one inch (1") of water per week on landscaped grounds of the premises, provided the customer submits a plan describing the area to be served and the method to be used to deliver an adequate amount of water.
2. For watering newly-sodded lawns and newly planted trees and gardens each day for a period not to exceed 14 consecutive days, and at a rate not to exceed one inch (1") per week or for watering newly seeded lawns each day for a period not to exceed 25 consecutive days and at a rate not to exceed one inch (1") per week.
3. For neighborhood gardens, and if water for such gardens is obtained from a nearby residence, additional watering days may be allocated to that particular residence for the watering of such garden.
4. For daily watering of outside stock at nurseries, greenhouses, and stores.
5. Violation of the terms of a permit will be cause for immediate revocation of the permit.
6. The District shall have authority to interpret, apply, and enforce the Board's Rules and Regulations for water use restrictions to prevent undue commercial or business hardship and may issue special use permits in furtherance of this authority.
4.6.7 Water Use Efficiency Plan
On July 1, 1996, the Board of Directors or its designated representative dispersed to its users a water use efficiency plan which addressed the following issues:
1. Water efficient fixtures and appliances including toilets, urinals, showerheads, and faucets;
2. Low water use landscapes and efficient irrigation;
3. Water efficient industrial and commercial water using processes;
4. Water reuse systems, both potable and non-potable;
5. Distribution system leak repair;
6. Dissemination of information regarding water use efficiency measures, including by public education, customer water use audits, and water saving demonstration;
7. Water rate structures designed to encourage water use efficiency in a fiscally responsible matter;
8. Regulatory measures, including standards for the use of water use efficiency fixtures and landscapes, and ordinances, codes, or other law designed to encourage water use efficiency; and
9. Incentives to implement water use efficiency techniques to encourage the installation of water use efficiency measures.
A complete copy of the Water Use Efficiency Plan may be obtained from the District office upon request.
4.7 Use of Sewer System
4.7.1 Customer Responsibility
Each customer shall be responsible for all costs associated with the maintenance of the service line from the building to the sewer interceptor or sewer main.
4.7.2 Sewer Service Lines
Each customer shall be responsible for the total cost of constructing and maintaining the entire length of the sewer service line serving his property and/or any related service facilities, including but not limited to, private lift stations.
4.7.3 Repair of Service Lines
Leaks, breaks and general maintenance of the sewer service line shall be the responsibility of the property owner. The customer shall be given notice by first-class mail, that the sewer service line is defective and in need of repair. Customer shall institute repair or maintenance immediately. If satisfactory progress toward repairing the sewer service line has not been completed in a timely manner, or the District determines that environmental or property damage is being caused, the Regulations Administrator shall shut off the water service until the sewer service line has been repaired. In addition, the District shall have the right to effect the repair. The cost therefore shall constitute a lien on the property of the customer as provided for by C.R.S., 32-1-1001.
4.7.4 Prohibited Discharges
No person shall discharge, or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, metal sludge, toxic matter, hazardous material, ignitable material, unprocessed industrial wastes to any sanitary sewer, or any other prohibited discharges listed in APPENDIX E - POLLUTANT DISCHARGE REGULATIONS AND INDUSTRIAL PRETREATMENT PROGRAM.
4.7.5 Pollutant Discharge Regulations and Industrial Pretreatment Program
All District users are required to comply with the pretreatment requirements pursuant to the PDR and IPP. The Pollutant Discharge Regulations and Industrial Pretreatment Program are contained in APPENDIX E - POLLUTANT DISCHARGE REGULATIONS AND INDUSTRIAL PRETREATMENT PROGRAM.
Notwithstanding the provisions of Section 1.7 Waiver, Suspension, or Modification of Rules, no waiver, suspension or modification is authorized of these Rules and Regulations or the PDR and IPP as they apply to Categorical Treatment Standards, for approved local limits for toxic pollutants, and to federally required general prohibitions.
It shall be unlawful to discharge any silver or mercury containing sewage, except for certain "de-minimus" discharges, which have been approved by the District's Regulation Administrator. The intent is to prevent any addition of silver and/or mercury to the sewage. It is recognized that minimal background levels of silver or mercury may exist in the User's supplied tap water, and the User is not responsible for removing these inputs prior to discharge. For purposes of this section, "de-minimus" discharges are defined as discharges containing extremely small (as determined by the District) mass loads of silver and mercury, which have a negligible effect on the waste water treatment facility and its ability to comply with silver and mercury effluent limits, and which would be technically and economically difficult to prevent from entering the wastewater system. The burden shall be on the User to justify the necessity and basis for the issuance of approval of "de-minimus" status.
4.7.6 Pretreatment Facilities
Where necessary, in accordance with the PDR and IPP, the customer shall provide, at his expense, such pretreatment facilities as may be necessary to treat special sewage prior to discharge to the sewer main. Such facilities shall be maintained continuously in satisfactory and effective operation by the customer, at his expense.
4.7.7 Control Manhole
When required by the District, any customer served by a service line carrying special sewage shall install and maintain, at his expense, a suitable control manhole in the service line to facilitate observation, sampling, and measurement of the wastes. A control manhole on the sewer service line for monitoring sewage will be required for all restaurants and bakeries. All measurements, tests, and analyses of the characteristics of special sewage waters and wastes shall be determined in accordance with the PDR and IPP. Measurements and tests shall be determined at the control manhole, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required or installed, the District should specify an appropriate sampling point.
4.7.8 Grease Traps
A grease trap will be required for all restaurants and bakeries due to their sewage having an adverse grease impact on the District's system. The grease trap shall be sized in accordance with the most recent Uniform Plumbing Code and installed by the customer. Because of the characteristics of the sewage discharge from the grease trap, special consideration should be given to the design of the outfall line in order to prevent freezing. Grease traps shall be maintained by the customer on a regularly scheduled basis to ensure proper operation. The District has the authority to inspect grease traps and review and copy operating records to ensure that proper maintenance is being performed. Chemicals that have an adverse effect on the District sewer system are prohibited from use for dissolving grease.
If at a later time the District determines that the sewage contains grease having an adverse effect on the sewer system, the customer will be required to install a larger grease trap within 90 days of official notification.
Failure to comply with the provisions of this section may result in the District performing the cleaning of the grease trap with all costs billed to the customer and/or a lien filed on the property and may result in disconnection of water service.
4.7.9 Sewer Main Access Easements
Any landscaping improvements shall be precluded from easements that are expressly designated and granted and upon which an access platform has been constructed, and which route is necessary to serve as the only access to District facilities. Examples of such improvements may include but are not limited to trees, berms, bushes, rock walls, and any landscaping or improvements that would inhibit the District's access to and along the access easement.
4.8 Line Locations
Upon request of a customer, the District will attempt to locate and mark all water and sewer lines to the best of its ability by using available information. Basic line locations will be made free of charge, but the District will not accept financial liability to any party for any costs incurred as a result of an inaccurate location.