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City of Owensville, MO
Gasconade County
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Table of Contents
Table of Contents
[R.O. 2011 § 705.010; R.O. 2010 § 705.010; CC 1970 C6 § 1; CC 1975 § 1301.03]
The City of Owensville, being the sole and exclusive owner of the entire water system reserves the right to and does hereby prescribe the conditions upon which it will permit or grant to any person or persons the privilege to tap any of its pipes or mains and/or use the water therefrom, or to withhold such privilege, if need be, and in case any act shall be wrongfully committed or thing done by any person or persons holding a grant of such privilege, in violation of any of its ordinances relating to its water system, then, such privilege may at the option of the City, be suspended, abridged or revoked. All water privileges extended to any person, firm or corporation shall be by ordinance duly passed by the Board of Aldermen and approved by the Mayor, and all rights and privileges not so conferred are hereby withheld.
[R.O. 2011 § 705.020; R.O. 2010 § 705.020; CC 1970 C6 § 2; CC 1975 § 1301.05]
All persons desiring to purchase water from the City must make written application for the same to the Public Works Director (or in his/her absence, to the City Clerk who shall, without unnecessary delay, deliver such application to the Public Works Director) stating the name of the consumer, the number of lots and blocks and for what purpose, size of corporation cock, and such applicant shall pay to the City the cost of the tap and meter.
[R.O. 2011 § 705.030; R.O. 2010 § 705.030; CC 1970 C6 § 3; CC 1975 § 1301.15; 2nd Ser. Ord. No. 26 § 1, 9-16-1972]
A. 
Any person not having a right, license or permit from the proper official of said City for the withdrawal and use of water from the hydrants, mains or pipes within the corporate jurisdiction of the City of Owensville, who shall withdraw or cause to be withdrawn any water from its hydrants, mains or pipes shall be deemed guilty of an ordinance violation; provided, however, that this Section shall not prohibit the withdrawing of water from public watering or drinking fountains, and provided, further, that this Section shall not apply to any member of the Fire Department of the City during the fighting of a fire or during practice.
B. 
Provided further, that this Section shall not apply to the unmetered use or withdrawal of City water for the use at the City Park or for park purposes by any agent or employee of the City or Park Board.
[R.O. 2011 § 705.040; R.O. 2010 § 705.040; CC 1975 § 1301.21; 2nd Ser. Ord. No. 375 § 2-3, 5-18-1992]
It shall be the responsibility of the consumer to keep and maintain in repair all parts of their water system. For purposes of this Section, the consumer's water system shall include all parts of the system which are situated on the consumer's property, except for the meter itself which shall remain the property of the City of Owensville. Any excavation on consumer's property or other work which is required to be performed in conjunction with repairs to the water system shall be made under the supervision of the Public Works Director at consumer's cost.
[R.O. 2011 § 705.050; R.O. 2010 § 705.050; CC 1970 C6 § 6; CC 1975 § 1301.23]
In all cases where water is to be supplied to a number of parties or tenants in the same premises from one (1) connection with supply controlled by one (1) service box or meter, the City through its agents or officials contract with one (1) only of said several parties, but upon the failure of any of such parties to abide by the ordinances and regulations in such cases, the water supply will be cut off.
[R.O. 2011 § 705.060; R.O. 2010 § 705.060; CC 1970 C6 § 7; CC 1975 § 1301.25]
The Public Works Director or other authorized agent of the City shall have access, at all reasonable hours, to the premises supplied with water to read meters or to see that all rules and regulations governing the water works system are observed.
[R.O. 2011 § 705.070; R.O. 2010 § 705.070; CC 1970 C6 § 8; CC 1975 § 1301.27]
The City of Owensville reserves the right at any time, without notice, to shut off the water in its mains and pipes for the purpose of making repairs and extensions and/or any other purpose, and all persons having boilers within their premises not supplied with tanks, but depending upon the pressure within the pipes to keep them supplied, are cautioned against surprise and danger of collapse.
[R.O. 2011 § 705.080; R.O. 2010 § 705.080; CC 1970 C6 § 9; CC 1975 § 1301.31]
A suitable brass stopcock must be placed in the service pipes so that the tee head will stand parallel with the curb when the water is off, to allow the City, by its proper officer, to control the flow of water through said pipe; said stopcock shall be located inside the curbline as near thereto as practicable, within the service box, and shall be securely protected. All keys, wrenches and fixtures necessary for the operation of the same shall be placed and remain in the possession and custody of the Public Works Director, who shall cause the water to be turned on or off according to the ordinances of the City regulating the same, and any person who shall without proper authority use such keys, wrenches or fixtures shall be deemed guilty of an ordinance violation.
[R.O. 2011 § 705.090; R.O. 2010 § 705.100; CC 1970 C6 § 11; CC 1975 § 1301.37; 2nd Ser. Ord. No. 401 § 4, 5-17-1993; Ord. No. 972 §§ 1 — 2, 1-21-2008]
A. 
The consumer shall, at his/her own expense, furnish all materials and build his/her water line from the curb line to the meter, including the connection of the meter, which work shall be done only under the supervision of the Public Works Director. Said consumer shall, for said work, use copper pipes and connections of such size and quality as may be specified by the Public Works Director. Also, the consumer shall, at his/her own expense, furnish all material and build the water line from the curb line up to the City water mains, but not make the connections thereto, which work shall be done only under the supervision of the Public Works Director, and said consumer shall, for said work, use only copper pipes and connections of such size and quality as may be specified by the Public Works Director.
B. 
The consumer shall be responsible for the costs of making the tap and connection. The consumer shall also be responsible for all costs of future repairs necessary between the meter and the connection to the structure if the meter is located in close proximity to the curb line. In the event that the meter is located either in the structure or is not in close proximity to the curb line, then the consumer shall be responsible for all repairs from the connection to the main to the connection to the building.
[R.O. 2011 § 705.100; R.O. 2010 § 705.110; CC 1975 § 1301.47; 2nd Ser. Ord. No. 74 § 1, 11-7-1977; Ord. No. 1196 §§ 1 — 2, 12-15-2014; Ord. No. 1402, 10-17-2022]
A. 
Private water wells are prohibited within the City limits of the City of Owensville, except as permitted in Subsection (D) of this Section.
B. 
No person, firm, or corporation shall construct or drill or cause to be constructed or drilled any private water well within the City limits, except as permitted in Subsection (D) of this Section.
C. 
Unless permitted under Subsection (D), any person, firm, or corporation found constructing or drilling or causing to be constructed or drilled any private water well within the City limits shall be found in violation of this Code and shall be subject to Section 100.220.
D. 
A special permit to install and operate a private well on private property may be granted by the Board of Aldermen, following an application by the property owner, if the Board is satisfied of the following:
1. 
The location of the proposed private well is not located unduly closely to any septic tank or other environmental conditions or contaminants that could potentially impact the safety of the well water.
2. 
The property is not located within one hundred fifty (150) feet of any property used for agricultural purposes.
3. 
The well must be metered, with the meter located in a manner that can be inspected by the City.
4. 
The property has an adequate back flow system installed to ensure the safety of the well water.
5. 
The water is tested by the owner for contaminants as required by State and Federal guidelines.
6. 
The owner of the property has procured adequate general liability insurance to protect against any potential risks posed by the private well.
7. 
The well is installed in accordance with all requirements established by the Missouri Water Well Drillers Act (Sections 256.600 to 256.640, RSMo., as the same may be amended), and all other local, State and Federal laws and regulations.
8. 
The business for which the proposed well is to be used, produces an end product containing water and the City's supplied water does not contain the necessary qualities to adequately produce the product.
E. 
The owner of any private well must submit a water reading each month to the City's billing clerk on, or before, the 10th of each month.
F. 
The owner of any private well must submit the well, the pipes and meter to random inspection by the City, so the City may ensure compliance with this Section.
G. 
The Board of Aldermen may revoke any special permit granted under Subsection (D) if, following a hearing giving the property owner at least forty-eight (48) hours' notice, it determines that the property owner has violated any of the requirements set forth in Subsection (D), or any other condition set forth in the special permit. Upon the revocation of any special permit issued hereunder, the property owner shall cause the well to be capped off. If the owner fails to cap-off the well, the City may cap-off the well and attach a lien with the costs thereof against the property.
H. 
Any special permit issued hereunder shall be non-transferable, and if the business for which the special permit is issued closes or moves location, the special permit shall automatically terminate. In the event of a change of ownership of the business located on the property for which the special permit is issued, the new owner must obtain a new special permit for the operation of the private well.
[R.O. 2011 § 705.110; R.O. 2010 § 705.120; 2nd Ser. Ord. No. 290 § 1, 11-21-1988]
A. 
Purpose. The purpose of this Article is:
1. 
To protect the public potable water supply from contamination or pollution by containing within the consumer's internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.
2. 
To promote the elimination, containment, isolation, or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and non-potable water systems plumbing fixtures, and industrial process systems.
3. 
To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
B. 
Application. This Article shall apply to all premises served by the public potable water system of the City of Owensville, Missouri.
C. 
Policy.
1. 
This Article will be reasonably interpreted by the Public Works Director. It is the Public Works Director's intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
2. 
The Public Works Director shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross-connections. The Public Works Director and consumer are jointly responsible for preventing contamination of the water system.
3. 
If, in the judgment of the Public Works Director or his/her authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his/her own expense; and failure, refusal, or inability on the part of the consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.
[R.O. 2011 § 705.120; R.O. 2010 § 705.130; 2nd Ser. Ord. No. 290 § 2, 11-21-1988]
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, HEALTHAny 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, PLUMBINGA 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, POLLUTIONALAn 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, SYSTEMAn 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 the pollution of 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.
POLLUTION
Such contamination or other alteration of the physical, chemical or biological properties of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will or is reasonably certain to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, industrial, agricultural, recreational, or other legitimate beneficial uses, or to wild animals, birds, fish or other aquatic life.
PUBLIC WATER SYSTEM
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.
PUBLIC WORKS DIRECTOR
The owner, operator, or individual in responsible charge of a public water system.
SERVICE CONNECTION
The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
[R.O. 2011 § 705.130; R.O. 2010 § 705.140; 2nd Ser. Ord. No. 290 § 3, 11-21-1988]
A. 
No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public potable or consumer's water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the Public Works Director, and as required by the laws and regulations of the Missouri Department of Natural Resources.
B. 
No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the Public Works Director and the Missouri Department of Natural Resources.
C. 
No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Public Works Director as necessary for the protection of health and safety.
[R.O. 2011 § 705.140; R.O. 2010 § 705.150; 2nd Ser. Ord. No. 290 § 4, 11-21-1988]
A. 
The consumer's premises shall be open at all reasonable times to the Public Works Director, or his/her authorized representatives, for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water system.
B. 
On request by the Public Works Director or his/her authorized representative, the consumer shall furnish information on water use practices within his/her premises.
C. 
It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his/her premises to determine whether there are actual or potential cross-connections to his/her water system through which contaminants or pollutants could backflow into his/her or the public potable water system.
[R.O. 2011 § 705.150; R.O. 2010 § 705.160; 2nd Ser. Ord. No. 290 § 5, 11-21-1988]
A. 
The type of protection required by this Article shall depend on the degree of hazard which exists, as follows:
1. 
An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
2. 
An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a system or health hazard.
3. 
An approved air gap separation or an approved reduced pressure principle backflow prevention device or an approved double-check valve assembly shall be installed where the public potable water system may be polluted with substances that could cause a pollutional hazard not dangerous to health.
[R.O. 2011 § 705.160; R.O. 2010 § 705.170; 2nd Ser. Ord. No. 290 § 6, 11-21-1988]
A. 
An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the Public Works Director or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.
B. 
An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the Public Works Director or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow prevention device is required to be installed. This includes, but is not limited to, the following situations:
1. 
Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Public Works Director and the Missouri Department of Natural Resources.
2. 
Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
3. 
Premises where entry is restricted so that inspection for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.
4. 
Premises having a repeated history of cross-connections being established or reestablished.
5. 
Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
6. 
Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
7. 
Premises where materials of a toxic hazardous nature are handled such that if backsiphonage or backpressure should occur, a serious health hazard may result.
C. 
The following types of facilities fall into one (1) or more of the categories of premises where an approved air gap separation or reduced pressure principle backflow prevention device is required by the Public Works Director and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Public Works Director and the Missouri Department of Natural Resources.
1. 
Aircraft and missile plants.
2. 
Automotive plants.
3. 
Auxiliary water systems.
4. 
Beverage bottling plants.
5. 
Canneries, packing houses, and reduction plants.
6. 
Car washing facilities.
7. 
Chemical manufacturing, processing, compounding or treatment plants.
8. 
Film laboratories.
9. 
Fire protection systems.
10. 
Hazardous waste storage and disposal sites.
11. 
Hospitals, mortuaries, clinics.
12. 
Irrigation and sprinkler systems.
13. 
Laundries and dye works.
14. 
Metal manufacturing, cleaning, processing and fabricating plants.
15. 
Oil and gas production, storage or transmission properties.
16. 
Paper and paper products.
17. 
Plating plants.
18. 
Power plants.
19. 
Printing and publishing facilities.
20. 
Radioactive material processing plants or nuclear reactors.
21. 
Research and analytical laboratories.
22. 
Rubber plants, natural and synthetic.
23. 
Sewage and storm drainage facilities — pumping stations.
24. 
Water front facilities and industries.
[R.O. 2011 § 705.170; R.O. 2010 § 705.180; 2nd Ser. Ord. No. 290 § 7, 11-21-1988]
A. 
Any backflow prevention device required by this Article shall be of a model or construction approved by the Public Works Director and the Missouri Department of Natural Resources.
1. 
Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one (1) inch.
2. 
A double-check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the Public Works Director, and shall appear on the current list of approved backflow prevention devices established by the Missouri Department of Natural Resources.
B. 
Existing backflow prevention devices approved by the Public Works Director at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this Article so long as the Public Works Director is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the water surveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Article.
[R.O. 2011 § 705.180; R.O. 2010 § 705.190; 2nd Ser. Ord. No. 290 § 8, 11-21-1988]
A. 
Backflow prevention devices required by this Article shall be installed at a location and in a manner approved by the Public Works Director and shall be installed at the expense of the water consumer.
B. 
Backflow prevention devices installed on the service line to the consumer's water system shall be located on the consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
C. 
Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.
[R.O. 2011 § 705.190; R.O. 2010 § 705.200; 2nd Ser. Ord. No. 290 § 9, 11-21-1988]
A. 
It shall be the duty of the consumer at any premises on which backflow prevention devices required by this Article are installed to have inspection, tests, and overhauls made in accordance with the following schedule or more often where inspections indicate a need.
1. 
Air gap separations shall be inspected at the time of installation and at least every twelve (12) months thereafter.
2. 
Double-check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty (30) months.
3. 
Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed at least every five (5) years.
B. 
Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by a State of Missouri certified backflow prevention device tester.
C. 
Whenever backflow prevention devices required by this Article are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.
D. 
The water consumer must maintain a complete record on each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. Records of inspections, tests, repairs, and overhauls shall be made available to the Public Works Director upon request.
E. 
Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the Public Works Director.
[R.O. 2011 § 705.200; R.O. 2010 § 705.210; 2nd Ser. Ord. No. 290 § 10, 11-21-1988]
A. 
The Public Works Director shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this Article is not installed, tested, and maintained in a manner acceptable to the Public Works Director, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises.
B. 
Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this Article to the satisfaction of the Public Works Director.
C. 
In addition to the penalty provided in Subsection (A) hereof, any violation of any provision of this Article shall be punished in accordance with Section 100.220 of this Code.