[1]
Editor's Note: Former Section 700.001, Combining Existing Waterworks And Sewerage System, was repealed 12-13-2022 by Ord. No. 3808. Prior history includes R.O. 2009 § 700.001, R.O. 2007 § 700.001 and Ord. No. 1722.
[R.O. 2009 § 700.005; R.O. 2007
§ 700.005; Ord. No. 2659, 10-12-2006; Ord.
No. 3808, 12-13-2022]
A.
This Chapter shall apply to each and every connection to, or extension
of, any water distribution system and sewage disposal system existing
or serviced within the City of Bolivar, Missouri, which is proposed
to be made by any person as herein defined. By way of example, but
not of limitation, it shall apply to all extensions of a service pipe,
line or plumbing across a public street or alley, across or in a public
or private water or sewer easement, and across the line of a lot,
a zoning lot or a lot of record (whether or not owned by the same
or different persons); and to all connections or taps to such systems
for the purpose of extension of mains or of distribution or disposal
lines or the connection of service lines; and taps of any type for
any purpose. It shall be applicable to any extension, connection or
tap of a line carrying public water or disposing of sewage through
the City sewage treatment plant, excepting only those extensions,
connections or taps to service lines located wholly on a lot, a zoning
lot or a lot of record for the purpose of providing or improving,
water or sewer service to such lot or the buildings or structures
located or to be located thereon.
B.
BUILDING and STRUCTURE
CONNECTION
DIRECTOR
LIBERTY UTILITIES (MISSOURI WATER) LLC
LOT
PERSON
SEWAGE DISPOSAL SYSTEM or SEWER SYSTEM
STANDARDS OF CONSTRUCTION or STANDARDS
STANDBY USER
USER
WATER DISTRIBUTION SYSTEM or WATER SYSTEM
For the purposes of this Title, certain words and phrases shall be
defined, interpreted and construed as follows, unless the context
clearly indicates to the contrary:
The addition, repair or maintenance of any water or sewer
service line to the water distribution or sewage disposal system within
the City of Bolivar. "Extension" shall mean any extension of a water
distribution main or line which carries, or is capable of carrying,
public water from the water supply or storage facilities to one (1)
or more users or fire hydrants; and any extension of a sewage disposal
main or line which carries, or is capable of carrying, sewage from
one (1) or more users to the treatment and disposal plant. "Tap" means
any cut into the water distribution system or sewage disposal system
or the joining or connection of any plumbing, fitting, pipe or line
of such systems.
The Public Works Director or any successor to that position.
It is acknowledged that Liberty Utilities (Missouri Water),
LLC, is currently the owner of the sewage disposal system (sewer system)
and the water distribution system (water system) located within the
City of Bolivar, Missouri.
A lot, a lot of record or a zoning lot as defined by Section 410.030 of Chapter 410, Zoning Regulations, of Code of the City of Bolivar, as the context or circumstances shall require. In the case of a parcel of ground located outside of the corporate limits, it shall mean a parcel of land occupied or intended for occupancy by one (1) main building or a complex of adjoining buildings together with accessory structures, open spaces and parking, and whether bearing a lot or tract number or letter of a recorded subdivision plat or described by metes and bounds. For the purposes of these Chapters, a parcel of ground with common owners may include more than one (1) lot, if developed or being developed by separate main buildings or a complex of adjoining building.
Any natural person; and shall also include any proprietorship,
association, general or limited partnership, corporation (including,
but limited to, those organized for profit, not-for-profit, as a benevolent,
charitable or educational association or under any professional corporation
law), limited liability company, political subdivision of the State
of Missouri, any agency of the United States, the State of Missouri,
any County or other political subdivision, and any other entity having
a legal identity separate from a natural person. Use of the singular
shall mean the plural if the context so requires, and vice versa.
All mains, pipes, lines and fittings, and all other appurtenances
to any such main, pipe, line or fitting which carry or are capable
of carrying sewage (whether located within or outside of the corporate
limits of the City of Bolivar, Missouri); and the Liberty Utilities
(Missouri Water), LLC, sewage treatment and disposal plant and facilities.
It shall not include those service lines, fittings and related appurtenances
located entirely within the boundaries of a lot, that are installed
and used solely to carry sewage from such lot or a building or structure
located thereon, to the junction of such internal service lines to
sewage disposal system lines or mains which are located beyond the
boundaries of such lot; or which are not used, and are not capable
of being used, for the collection and disposal of the sewage of other
users or if they are, such lines have been privately installed and
have not been dedicated to, or accepted by, the City or Liberty Utilities
(Missouri Water), LLC, or its successor(s) in interest.
The term "sewage disposal system" or "sewer system" will
also mean any references to a "public sewage disposal system" or any
similar such references notwithstanding the ownership of such system
by third parties other than the City.
Those materials, designs and workmanship specifications,
conditions and requirements for water and sewer construction (or any
other public improvement) as are adopted by the Director and approved
by the Board of Aldermen. The phrase shall refer to those standards
of construction in effect at the time an application for a permit
to make an extension, connection or tap is filed. The standards of
construction may be adopted, amended, supplemented, repealed and readopted
from time to time as the Director, with the approval of the Board
of Aldermen, shall deem necessary to assure that all new water and
sewer construction meets the requirements of all applicable State
or Federal laws and regulations and complies with high standards for
materials and workmanship to assure, to the maximum extent possible,
that all new construction protects the public health and welfare;
minimizes repair and maintenance requirements; and is designed and
constructed so as to maximize the usable life of such facilities.
The owners and occupants of all buildings or other structures
which are connected with the water distribution system and receive
standby water service and/or use water therefrom in connection with
a pressure firefighting sprinkler system designed to use water in
case of fire.
Shall have the meaning set forth in Section 710.020 of the
Code of the City of Bolivar, as amended by this Chapter or as it may
hereafter be amended from time to time.
A system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such
system has at least fifteen (15) service connections or regularly
serves an average of at least twenty-five (25) individuals daily at
least sixty (60) days per calendar year. Such system includes any
collection, treatment, storage or distribution facilities used in
connection with such system.
The term "water distribution system" or "water system" will
also mean any references to a "public water distribution system" or
any similar such references notwithstanding the ownership of such
system by third parties other than the City.
[1]
Editor's Note: Former Section 700.010, Approval For Connections
To City Water Distribution Or Sewage Disposal System, was repealed
12-13-2022 by Ord. No. 3808. Prior history includes R.O. 2009 § 700.010
and R.O. 2007 § 700.010. Former Section 700.020, Procedures
For Obtaining Permission For Connections, was repealed 12-13-2022
by Ord. No. 3808. Prior history includes R.O. 2009 § 700.020,
R.O. 2007 § 700.020 and Ord. No. 2659.
[R.O. 2009 § 700.030; R.O. 2007
§ 700.030; Ord. No. 1222 § 1, 8-13-1992; Ord. No. 1329, 11-11-1993; Ord. No.
2384A, 5-9-2003; Ord. No. 2647, 9-14-2006; Ord. No. 2659, 10-12-2006; Ord. No. 2792 § I, 4-10-2008; Ord. No. 3030 § I, 3-15-2012; Ord. No. 3808, 12-13-2022]
A.
In addition to all other requirements of the Missouri Revised Statutes,
the Missouri Code of State Regulations and the Code of the City of
Bolivar, all as now in effect or as they may hereafter be amended
from time to time (including the City zoning and subdivision regulations);
and the rules and regulations of the of the Board of Aldermen, the
Planning and Zoning Commission or the Public Works Director, and Liberty
Utilities (Missouri Water), LLC, approval to make extensions, connections
or taps of any kind to the water and sewer systems of the City of
Bolivar shall be made only if each of the following (as applicable
to a particular case) are met:
1.
All work shall be done only with materials allowed by the standards
of construction as from time to time revised or as may be otherwise
approved by the Board of Aldermen if special circumstances or conditions
exist which require or justify a variance from the standards in a
particular case and in strict accordance with all requirements for
workmanship set forth in the standards.
2.
All extensions shall be located only in easements duly and lawfully
granted to Liberty Utilities (Missouri Water), LLC, or its successor(s);
and the person making such extension or the owner of record of the
property through which the easement runs (if different than the applicant
for extension) must agree to dedicate the lines and all appurtenances
thereto, upon completion of installation and approval by Liberty Utilities
(Missouri Water), LLC, to Liberty Utilities (Missouri Water), LLC.
3.
All lines proposed to be installed shall be of sufficient size
to serve both the specific area proposed to be served and the total
area which may potentially be served by the proposed system.
4.
All water or sewage mains or lines that are to be located in
street or alley rights-of-way must be placed back of curbs, and service
lines stubbed out across the street prior to street construction or
repair, and all other facilities (including meters) must be installed
in such locations as may be approved and authorized by the approving
authority.
5.
All lots for which new service is to be made, and all lots for
which existing service requires repair at the curb or property line,
shall have separate service pipe installations, curb stops, curb boxes
and water meters (with all required fixtures and appurtenances) installed
as a part of, and as a condition to, the granting of a permit for
an extension, connection or tap or in conjunction with the repairs.
6.
Except as otherwise specifically provided in this Chapter or in Chapter 710 of the Code of the City of Bolivar, all users occupying any residential, business, professional, service, commercial, industrial or other type of property whatsoever shall have separate service pipe installations, curb stops, curb boxes and water meter installations, including meters, installed and working. All installations shall be installed so as to comply with the standards.
7.
In the event any extension, connection or tap which is approved
pursuant to the provisions of this Chapter shall require digging across
or into a public road, street or alley, the person submitting the
application for such extension, connection or tap shall, prior to
beginning construction, deposit with the City Clerk a cashier's
check or cash or shall deliver a surety bond with good and sufficient
sureties approved by the City Attorney in the minimum amount of five
hundred dollars ($500.00) and in such greater amount as the Director
may require after considering the nature and extent of the damage
to such road, street or alley. The condition of such deposit or bond
shall be that the person granted the permit shall, upon completion
of construction, restore that part of the road, street or alley which
is destroyed or damaged by the construction so as to meet the minimum
standards for street construction as required in the case of new street
construction in subdivisions, as those standards may from time to
time be adopted by the Director with the approval of the Board of
Aldermen. Said bond shall further be conditioned upon the completion
of the construction and repair of the roadway, street or alley within
such reasonable period of time as the Director may determine after
considering the nature and extent of the anticipated damage or destruction
to City rights-of-way, the time of year, and such other factors as
he/she deems relevant.
[R.O. 2009 § 700.035; R.O. 2007
§ 700.035; Ord. No. 1660, 6-12-1997; Ord.
No. 3808, 12-13-2022]
A.
All materials used in the construction, expansion, modification or
improvement of a public water system or customer water system within
the City of Bolivar, Missouri, shall be lead-free. However, this Section
shall not apply to leaded joints necessary for the repair of cast-iron
pipes.
B.
Any customer water system constructed, expanded, modified or repaired,
and that is connected to the public water system within the City of
Bolivar, Missouri, and later found to contain materials that are not
lead-free shall have the water meter removed or otherwise have the
service line severed from the public water system within the City
of Bolivar, Missouri, when the supplier of water is so ordered by
the City of Bolivar, Missouri, or the State of Missouri. The requirements
of this Section shall not apply to any customer water system previously
served by a water system other than a public water system.
[1]
Editor's Note: Former Section 700.040, Persons Authorized
To Make Extensions, Connections Or Taps, was repealed 12-13-2022 by
Ord. No. 3808. Prior history includes R.O. 2009 § 700.040
and R.O. 2007 § 700.040.
[R.O. 2009 § 700.042; R.O. 2007
§ 700.042; Ord. No. 1659, 6-12-1997; Ord.
No. 3808, 12-13-2022]
A.
Cross-Connections. No customer of the public
water system of the City of Bolivar, Missouri, shall cause or allow
the construction or maintenance of an unprotected cross-connection.
B.
Backflow Control By Containment; Class
I Backflow Hazards. The customer or the customer's authorized representative
shall construct or install an air-gap separation or reduced pressure
principle backflow prevention assembly approved by the Missouri Department
of Natural Resources on the customer service line.
[R.O. 2009 § 700.045; R.O. 2007
§ 700.045; Ord. No. 3808, 12-13-2022]
A.
It shall be unlawful for any person to use water from the water distribution system by tapping into said system without first making application for such service with Liberty Utilities (Missouri Water), LLC, and complying with the provisions of Chapters 700 and 710 of the Code of the City of Bolivar as now in effect or as may be amended from time to time; or into the service lines of another user; or by running a hose or line from one (1) lot to another lot (whether or not such lots have common ownership); or to draw water from any fire hydrant, other than City of Bolivar employees while in the performance of their official duties or City of Bolivar volunteer firemen as a part of their official duties; or to draw water from any public faucet or other outlet for any purpose other than personal use or consumption at the site of the faucet or outlet; or from the service provided to an authorized user whose service is not metered for any purpose other than personal use or consumption at the premises where it is drawn.
B.
It shall be unlawful for any person to use the sewage disposal system by tapping into such system or into the service lines of another user without first making application for such service with Liberty Utilities (Missouri Water), LLC, and complying with the provisions of Chapters 700 and 720 of the Code of the City of Bolivar as now in effect or as may be amended from time to time.
[1]
Editor's Note: Former Section 700.047, Facilities Outside
Of City Limits, was repealed 12-13-2022 by Ord. No. 3808. Prior history
includes R.O. 2009 § 700.047 and R.O. 2007 § 700.047.
[R.O. 2009 § 700.050; R.O. 2007
§ 700.050; Ord. No. 1356 § 1, 2-24-1994; Ord. No. 2791 § I, 4-10-2008; Ord. No. 2792 § III, 4-10-2008; Ord. No. 3271 §§ I
– II, 3-22-2016; Ord. No. 3808, 12-13-2022]
A.
It is hereby declared to be the duty of each lot owner to keep all
water or sewer service lines in good condition and repair, so as to
prevent leakage therefrom or backflow of contaminants into the water
distribution system. Specifically, it shall be the duty of such lot
owner to:
1.
Repair and maintain sewer service lines from and including the dwelling(s) and structure(s) that are or will be connected to the sewage disposal system up to the main/collection line. The provisions of this Subsection (A)(1) will apply even under circumstances where the main/collection line is beyond the lot or tract property line. For purposes of this Section, "repair and maintain" means that the lot owner will be responsible for all plumbing and labor or any other work necessary to keep the service line in good repair as provided for in this Section.
2.
Repair and maintain sewer collection lines which heretofore
have been privately installed, which are not in public easements,
and which have not been dedicated to, and accepted by, the City of
Bolivar or Liberty Utilities (Missouri Water), LLC; and in the case
of such lines which serve the properties of multiple owners, it shall
be the duty of each such owner, jointly and separately, to repair
and maintain such lines;
3.
Repair and maintain water service lines from and including the
dwelling(s) and structure(s) that are or will be connected to the
water distribution system up to the outlet side of meter facilities,
if such meters are located inside the lot or tract property line and
are at or within ten (10) feet of the street right-of-way; or up to
the lot or tract property line if such meters are located outside
the lot or tract property line.
4.
Repair and maintain water service lines from and including the
dwelling(s) and structure(s) that are or will be connected to the
water distribution system up to the lot or tract property line if
meters have not been installed within the lot or tract property line;
or to the public water distribution line if the water service lines
are connected to a private water distribution line [being privately
constructed and not dedicated to, or accepted by, the City or Liberty
Utilities (Missouri Water), LLC] which is, in turn, connected to a
public water distribution line.
B.
Should any water or sewer line not be maintained so that there is
water leakage of the public water supply or sewage leakage which,
but for the leak, would flow into the sewage disposal system, it shall
be the duty of the Director or his/her designee to give written notice
of the facts by ordinary mail addressed to the owner of the property
that is serviced by the line that is in faulty repair. Such notice
shall further advise the owner(s) as to the apparent location of the
leak, that such line is the obligation of the owner to maintain pursuant
to the provisions of this Chapter.
[R.O. 2009 § 700.055; R.O. 2007
§ 700.055; Ord. No. 3054 § I, 8-2-2012]
A.
The Mayor of the City of Bolivar, after
considering pumping capacity, water level in storage tanks, water
usage rates, and such other factors as may be deemed relevant, may
declare a Stage I, Stage II, or Stage III emergency, and when so declared,
no person shall use or draw water from the City's water distribution
system in violation of the restrictions on usage applicable to the
state of emergency declared by the Mayor.
B.
Prior to declaring a state of emergency,
the Mayor shall make and enter into the records of the City findings
of fact upon which he/she based his/her decision and shall thereupon
enter his/her order declaring an emergency, specifying whether the
emergency is of a Stage I, Stage II or Stage III type. He/she, and
all City agents, officers and employees upon whom he/she may call
for assistance, shall thereupon proceed to implement the provisions
of this Section as the conditions may require.
C.
The fact of the declaration of emergency,
the type of emergency, and the restrictions on usages applicable to
that type of declaration shall be disseminated to the general public
through the local broadcast and print media and in such other manners
as the Mayor may determine is reasonably calculated to inform the
residents of and visitors to the City of the declaration. If reasonable
efforts to bring the declaration of emergency to the public have been
made, considering the seriousness of the conditions, the time available,
and the media or means available for the dissemination of information,
lack of knowledge of the declaration of emergency shall be no defense
to a violation of this Section.
D.
As used herein, the phrase "Stage I emergency" means that it shall be unlawful to use water in any manner contrary to the provisions of Subsection (E) of this Section; however, the restrictions on water usage will only be applicable during those times and for those locations as designated by the Mayor in his/her written declaration of emergency as entered into the records of the City. In the event of a Stage I emergency, the designated times wherein water usage is restricted will be disseminated to the general public pursuant to the provisions of Subsection (C) above.
E.
As used herein, the phrase "Stage II emergency"
means that it shall be unlawful for water to be used from the water
distribution system for the watering of grasses, lawns, gardens, trees,
shrubs or similar vegetation by unattended means; to wash motor vehicles
of any type, trailers of any type, and other automotive or boating
equipment, except at a car wash that has, prior to the declaration
of the state of emergency, been issued a business license by the City
for that purpose; or to draw water from the City water system from
any faucet or outlet when such water is not being used for ordinary
and usual domestic, commercial or industrial purpose. The phrase "unattended
means" means the spraying, sprinkling, running or other spreading
of water on grasses, lawns, gardens, trees, shrubs or similar vegetation
except through a garden hose or similar device that is handheld and
directed by the owner or occupant of the premises upon which the water
is being used.
F.
As used herein, the phrase "Stage III emergency" means that it shall be unlawful to use water in any manner contrary to the provisions of Subsection (E) of this Section; and in addition thereto, it shall be unlawful to use water from the water distribution system for the watering of grasses, lawns, gardens, trees, shrubs or similar vegetation under any conditions or by any means; or to wash any motor vehicle, trailer or other automotive or boating equipment under any conditions or by any means, including at a commercial car wash.
G.
The Board of Aldermen, following the declaration
of an emergency of any stage by the Mayor, shall review the findings
of fact and declaration of the Mayor. After making such review, the
Board shall either confirm the actions of the Mayor, reduce the stage
of emergency or overturn the declaration in its entirety; provided,
however, that no action of the Board to reduce the stage of emergency
declared by the Mayor or to overturn a declaration of emergency shall
be effective unless such action is approved by the majority vote of
all of the members of the Board of Aldermen then elected or appointed
and serving on the Board. Further, no action of the Board in reducing
the stage of emergency or overturning the action of the Mayor in declaring
an emergency shall be a defense to a charge of violating the provisions
of this Section for acts which occurred after the declaration became
effective, but prior to its modification or reversal by the Board
of Aldermen.
H.
The Board of Aldermen may, following the
declaration of an emergency of any stage by the Mayor, and with a
majority vote of all of the members of the Board then elected or appointed
and serving, vote to temporarily increase the City's rates for water
usage, but only upon a finding that the increase in water rates is
necessary due to increased or reasonably anticipated increased costs
in providing water to the end users under the circumstances necessitating
the emergency. Any increase in water rates by the Board of Aldermen
pursuant to this Section must be reasonably related to and consistent
with the actual or reasonably anticipated increase in costs incurred
by the City in providing water to its end users due to the conditions
necessitating the declaration of emergency. A change in water rates
made under the provisions of this Section will continue until reversed
by action of the Board of Aldermen.
I.
The following additional provisions shall
be applicable to the provisions of this Section:
[Ord. No. 3808, 12-13-2022]
1.
A declaration of emergency made under
this Section shall continue in full force and effect unless and until
the stage of the declaration is increased or reduced (in which event,
the prior declaration shall be superseded as of the date and time
of the entry of the new declaration) or released by written order
of the Mayor or reduced or reversed by action of the Board of Aldermen.
2.
As used in this Section, the term
" heavy water user" means any end user of the City's water system
that is a commercial location using more than the average amount of
water (in gallons) for commercial locations within the City as calculated
at or near the time of the declaration of emergency.
3.
In declaring a state of emergency
at Stage I, II or Stage III, the Mayor may, if circumstances justify,
make the declaration applicable only for specified locations, hours
of the day, or for certain specified days. By way of example only,
the Mayor may designate that those residents with addresses ending
in "even" numbers may water their lawns unattended on Monday, Wednesday,
and Friday after 7:00 P.M.; and those residents with addresses ending
in "odd" numbers may water their lawns unattended on Tuesday, Thursday,
and Saturday after 7:00 P.M.; or that commercial operations designated
as "heavy water users" as defined in this Section may only water unattended
on certain days.
4.
No culpable mental state shall be required for a person charged with the violation of the provisions of this Section to be found guilty of such violation, but if a culpable mental state is charged and proven, the level of the offense shall increase in accordance with the provisions of Section 700.070 of this Chapter. Either the owner(s) or occupants(s) of the premises upon which such illegal use shall occur shall also be deemed guilty of a violation occurring upon any such premises, regardless of the person who shall have committed such illegal use. The preceding sentence shall not be construed as relieving the person actually making such illegal use from responsibility therefor.
[R.O. 2009 § 700.060; R.O. 2007
§ 700.060; Ord. No. 1389, 8-11-1994]
A.
The Board of Aldermen hereby finds and determines the health and welfare of the residents of the City of Bolivar are placed at risk by the uncontrolled proliferation of private water wells or sewage disposal systems. Therefore, except as provided in Subsection (C) of this Section, it is hereby declared to be unlawful for any person within the corporate limits of the City of Bolivar to use water from a private water well or to dispose of sewage by means other than through the sewage disposal system.
B.
It shall be the duty of the owners of all
property located within the corporate limits of the City of Bolivar,
Missouri, to connect all water distribution facilities and all sewage
disposal facilities located on any lot or in or about any building
or structure to the public water distribution system and sewage disposal
system, if a public main or line providing water or sewer service
is located within one hundred (100) feet of such lot, measured from
the outside boundary lines thereof. This shall include the owner(s)
of all lots which are now, or which may hereafter be, connected to
private water distribution or sewage disposal lines, which in turn
are connected to the water distribution system or sewage disposal
system. It shall be unlawful for the owner of any lot or tract of
land to fail to connect to such public lines within ninety (90) days
after notice from the Director to do so. Except as may otherwise be
provided by the Board of Aldermen, the cost of extending and/or connecting
to the water or sewer system shall be at the cost of the property
owner, and all procedures provided in this Chapter relating to extensions,
connections or taps shall apply to this Section. Notice to connect
shall be sent by the Director to the owners of the lot as determined
from the public records of the City of Bolivar and County of Polk
by certified mail to the last address shown for such owner by the
City of Bolivar Collector of Revenue, unless a later address is actually
known to the City. Failure to receive the notice, if mailed in compliance
with this Subsection, shall not be a defense to any action brought
hereunder.
C.
This Section shall not apply to:
1.
Any existing zoning lot, the outside
boundaries of which are located in excess of one hundred (100) lineal
feet from the nearest public water main or line or one hundred (100)
lineal feet from the nearest public sewer main or line;
2.
To a water well used for the purpose of operating a "ground source heating and cooling system" in compliance with the provisions of Chapter 515, Ground Source Heat Pumps, of the Code of the City of Bolivar or as such Chapter may hereafter be amended from time to time;
3.
To private water wells which are
now in existence; those that may hereafter be lawfully drilled where
no public service is available; and those in newly annexed areas;
provided, that any such well which contaminates the public water supply
is hereby declared to be a public nuisance and, if not repaired or
sealed in accordance with regulations of the Department of Natural
Resources within ten (10) days following demand by the Director, its
continued use shall be deemed an ordinance violation, in addition
to being subject to injunctive relief; and provided, further, that
nothing contained herein shall be construed so as to require the Planning
and Zoning Commission or the Board of Aldermen to approve a proposed
subdivision of land or a lot split if public water and sewer service
is not available or is not to be made available by the owner or developer
of said land, except as may otherwise be authorized by the subdivision
regulations of the City of Bolivar, Missouri, and subject to such
conditions as may be imposed by the Commission or the Board pursuant
to such regulations.
D.
The notice provided by Section 700.060(B) to be given by the Director to the owner of any lot or tract of land connected to a private water well shall also include notification to the owner that, prior to the property being connected to the public water supply system, the owner of such lot or tract of land must submit the following information, in writing, to the Director within the ninety-day period set forth in such notice, to wit:
1.
The location of all private wells.
2.
An attestation and certification
that:
a.
Known abandoned wells on the property
have been plugged; or
b.
There are no known abandoned wells
on the property;
c.
Any abandoned wells will be plugged
within ninety (90) days from the date of the attestation and certification;
or
d.
The existing well will remain in
use in lawful compliance with the provisions of this Chapter and will
be properly plugged when no longer used.
|
It shall be unlawful for the owners of any lot or tract of ground upon which an unused or abandoned well is or, upon connection to the public water supply system, will be unused or abandoned to fail to provide the information required by this Section; or to fail or refuse to plug the same in compliance with 10 CSR 233.110. Nothing contained in this Section shall be construed so as to render lawful the continued use of a private well after the notification period provided by Section 700.060(B); and compliance with the provisions of this Section shall be deemed and construed to be an integral part of connecting to the public water supply system in compliance with this Section.
|
E.
It shall be unlawful for the owners of
any lot or tract of ground within the corporate limits of the City
of Bolivar, Missouri, that is not required by this Section to dispose
of the sewage from such lot or tract through the sewage disposal system,
to dispose or to permit the disposal of such sewage except through
an approved sewage disposal system. An approved disposal system is
one which is approved for that lot or tract of ground by the Missouri
Department of Natural Resources or by the planning and zoning regulations
of the City of Bolivar or by the standards of construction adopted
by the Director after approval of the Board of Aldermen. In the event
of a conflict between the regulations of the Department of Natural
Resources, the planning and zoning regulations and the standards of
construction, the most stringent of those regulations or standards
shall govern.
[R.O. 2009 § 700.065; R.O. 2007
§ 700.065]
It is the intention of Sections 700.010 through 700.050 to supplement and expand the provisions of the City of Bolivar zoning regulations relating to municipal water and sewer services. The provisions of those regulations and the provisions of this Chapter shall be construed so as to be consistent, insofar is possible. In the event of an irreconcilable conflict, the most stringent provisions shall govern so as to best protect the health and welfare of the residents of the City.
[R.O. 2009 § 700.070; R.O. 2007
§ 700.070; Ord. No. 1209 § 1, 5-27-1992]
A.
Except as otherwise provided, any person found guilty of a violation of any of the provisions of this Chapter shall be deemed guilty of an ordinance violation and be punished as provided by Section 100.220 of this Code. Any person found guilty of a violation of Section 700.055 shall be deemed guilty of an infraction if no culpable mental state is alleged or, if alleged, is not proven. Any person found guilty of knowingly violating the provisions of Section 700.055 shall be deemed guilty of an ordinance violation and shall be punished as provided by Section 100.220 of this Code.
B.
Any violation of this Chapter which is
continuing in nature shall be deemed a separate offense for each day
that such violation continues.
[R.O. 2009 § 700.080; R.O. 2007
§ 700.085; Ord. No. 2698, 3-8-2007]
The Director of Public Works and
Zoning Administrator after consultation with the City's Building Inspector
and qualified professional engineers may from time to time propose
minimum construction standards relating to all connections to or extensions
of the City water distribution system or the City sewage disposal
system to the Board of Aldermen of the City of Bolivar. Such standards
may include minimum requirements for repairs and provisions relating
to water pits and water meters, manholes and all other features that
are directly or indirectly related to water distribution or sewage
disposal systems. Upon approval of said proposed standards by the
Board, no developer, contractor or other third party shall thereafter
make connections to, extensions of or repairs to the water distribution
system or sewage disposal system except in strict compliance with
the requirements of said standards.
