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Title 13: Public Services

13.08 Sewer System
13.12 Water and Sewer System Benefit Assessments
13.16 Garbage Collection

Chapter 13.04: WATER SYSTEM

13.04.010 Control and management.

1. All of the facilities and water plant owned by the town shall be under the control and management of the mayor and commissioners who shall appoint one person to have general supervision over the water system. It shall be his duty, whenever an applicant presents to him a permit signed by the town clerk, to make or cause to be made a proper connection to the water mains and shall regularly file every permit for the use of water and shall file a record with the town clerk showing the location and all other pertinent information to enable the mayor and commissioners to easily locate and identify all water connections.
    

2. The superintendent shall have the right to enter in and upon all premises to ascertain whether there is a proper connection or for any purpose connected with the interest of the waterworks and if any person shall refuse to allow such examination, or oppose or obstruct such officer in the execution of his duty, he shall be guilty of a misdemeanor. (Prior code Art. XII § 1)
    

3. The Town of Emmitsburg, as the operator of a public water system, discourages and does not support or recommend private or individual water wells within its service area except for building cooling purposes when approved by the Mayor and Board of Commissioners.  Any and all private or individual water wells that do exist within the Emmitsburg public water service area must meet all State and County standards, requirements and regulations. (Ord 13-02, 01.07.13)

13.04.020 Annual report and inspection.

The superintendent shall annually make an inspection of all connections to the water system and furnish the town clerk with a complete list of all service connections upon the property of each consumer. (Prior code Art. XII § 2)

13.04.030 Water Rates

1. The following shall be charged for usage of town water:

1. Minimum Charge.

   1. The minimum ready to serve charge for all water customers within the town's corporate limits for the first six thousand (6,000) gallons used within a quarter shall be:

3/4 inch meter	$35.00
1 inch meter	$45.00
1 1/2 inch meter	$50.00
2 inch meter	$100.00
4 inch meter	$400.00
6 inch meter	$800.00

2. service a sprinkler system where otherwise a smaller line would be sufficient to service the facility, then an alternate minimum charge may be assessed as recommended by staff and approved by the Mayor and Council.

2. Overage Charge.

1. usage over the six thousand (6,000) gallon minimum for all water customers shall be charged the following rates:
   
   

   6,001-10,000 gallons	$2.40 per 1,000 gallons
   10,001-20,000 gallons	$4.50 per 1,000 gallons
   20,001-100,000 gallons	$7.50 per 1,000 gallons
   100,001-1,000,000 gallons and up	$10.50 per 1,000 gallons
   1,000,001-2,000,000 gallons	$13.80 per 1,000 gallons
   2,000,001 gallons and up	$17.25 per 1,000 gallons

3. All town water hauled by tank truck or other similar means shall be sold at the rate of five dollars (5.00) for each one thousand (1,000) gallons

2. Miscellaneous service charges.

1. Five dollars ($5.00) per equivalent dwelling unit per quarter maintenance fee.

2. Twenty-five dollars ($25.00) mid-cycle reading--for the purpose of, but not limited to, property transfer and/or tenant change, etc.

3. Fifty dollars ($50.00) for customer requested meter checks and/or readings (if meter is found to be functioning properly)

3. Collection of charges. All water charges shall be charged to and collected from the owner of the property served. Charges are payable in full upon receipt of the quarterly bill. These bills are mailed by the first of January, April, July and October. If any bill remains unpaid after thirty days from the date the bill is sent, the town clerk shall give the owner of the property served written notice by mail. The notice shall be mailed to the owner's last known address or a copy shall be left on the owner's property. The notice shall notify the owner of the property served that the bill is in arrears and that water service will be discontinued. If the amount due remains unpaid after the expiration of ten days from the giving of such notice, the town shall forthwith discontinue water service to the property. The services will remain disconnected until the delinquent amount and a re-connection charge is paid in full. If any person shall turn the service on again without proper authority from the mayor and board of commissioners after the same has been disconnected, he shall be guilty of a misdemeanor. The fee for the service disconnection and reconnection is one hundred dollars ($100.00) in advance. If any bill remains unpaid after thirty (30) days from the date the notice is sent, the bill and re-connection charge shall be collectable from the property owner in the same manner and subject to the same interest as taxes are collectible in Frederick County. Such charges and bills shall be a first lien on the property.  Ord. 13-07: (Ord. 05-10: Ord. 03-08 (part):  Ord. 03-07(part):  Ord. 02-16(part):  Ord. 02-06(part):  Ord. 01-08 (part):  Ord. 99-06 (part):  Ord. 98-11; Ord. 96-05:  Ord. 95-5 § 1:  prior code Art. XII 3 (part))

Section 13.04.040 Water Tapping charges

13.04.060 Responsibility for installation, cost and maintenance of water meters.

1. Installation of the Initial Water Meter. All sizes of water meters shall be specified by the town and provided by owner and installed at the owner's expense. Following inspection and approval by the town, the property owner will ensure that the meter remains in proper working order.
    

2. All meters 2 inches or larger shall be compound or fire service.
    

3. Replacement of Water Meters. All replacement6 meters shall be provided by and installed at the town's expense, at the town's discretion or when said meter fails. After installation of the aforementioned meter, and upon inspection and approval by the town the property owner will ensure that the meter remains in proper working order.
    

4. Violation of this section.

1. It is the responsibility of the property owner to notify the town of a defective meter and schedule an inspection with the town within ten(10) calendar days.

2. Upon neglect or refusal to do so, it shall be the duty of the maintenance superintendent to shut off the water from such premises and any person who shall turn on such water before the necessary repairs have been made shall be deemed guilty of a misdemeanor and shall be subject to the standard disconnect and reconnect charges.

5. Access of Meters. All meters of any size shall be accessible to the town's agents at all times.  The denial of such access shall result in immediate disconnection of the water service without notice and will be subject to the standard disconnect and reconnect charges. (Ord. 12-04; Ord. 02-11; Ord. 95-4 § 1: prior code Art. XII §§ 5, 6)

13.04.070 Interfering, etc., with meters.

1. Any person who shall interfere with the town, its agents or employees, while installing, connecting, reading, examining or removing any meter, or who shall tamper with, alter the reading of, deface, injure, destroy or disconnect any meter, or any connection thereto, or use water otherwise than through a meter when a meter is installed on the premises, shall, on conviction, be guilty of a misdemeanor, and the water supplied to any consumer who, by himself, or through an agent, shall have committed any of the unlawful acts set forth in this section, may be cut off without notice.
    

2. The provisions of subsection (A) of this section shall not be construed to exempt any person who may have been fined for a violation thereof, or who may be charged with a violation thereof, from an action of damages on account of such injury brought by the town. (Prior code Art. XII § 7)

13.04.080 Duties of town employees while installing meters.

Whenever meters are being installed, it shall be the duty of the employees of the town to either meter all pipes supplying water to the premises or disconnect and cut off from the water system all pipes on which meters are not installed. (Prior code Art. XII § 8)

13.04.090 Application for and use of water outside of corporate limits.

Any new connections to the Town of Emmitsburg's water system will be limited to properties that lie within the corporate limits of Emmitsburg.  This refers to all requests including hardship and state or federal mandates, services can be supplied only if the property in question can be and is annexed into the Town of Emmitsburg. (Ord. 03-04(part): Ord. 01-05: prior code Art. XII § 9)

13.04.100 Application for water.

1. Every person who may desire to contract for a supply of water, shall make written application, upon forms prepared by the town, setting forth a description of the property and the improvements thereon to be supplied with water and the purpose for which the water is to be used. The applicant will abide by and observe all ordinances, resolutions and regulations.  Every such applicant shall also state in the application that he is the owner of the premises to be supplied with water, and no water shall be furnished to any applicant other than the owner of the premises. No person or persons shall be permitted to connect to the the Town water system or use Town water unless the property being served shall also be connected to and use the Town sewer system to the exclusion of any other sewer, septic or other similar disposal system.
    

2. No water permit shall be issued until application is presented and passed by the mayor and commissioners. All permits for water tappage shall be signed by the mayor and president of the board of commissioners.
    

3. Tapping or making connection with any service main constructed by the town in any street or public way, not exceeding a diameter of three-fourths of an inch and the laying of the service pipe from the distribution main in the street or public way to appoint six inches inside the street line abutting on the property to be serviced, shall be done by the town at the expense of the property owner in accordance with the tariffs provided. In the event the connection and service pipes are of larger diameter than three-fourths of an inch, then the property owner shall be required to pay, in addition to the tappage fee, the actual costs of any materials used. The town shall install a stopcock six inches inside the curb and connect the service pipe to be laid by the property owner with the service main at the stopcock at the curb. In the event any person other than the superintendent of waterworks, or his duly designated agent, shall make such connection, he shall be guilty of a misdemeanor. No service main, whether laid by the town or by the property owner, shall have a diameter of less than three-fourths of an inch.
    

4. Any extension of a distribution main will be limited to fifty (50) feet for each tap or connection and any extension in excess of fifty (50) feet shall be at the sole expense of the property owner requesting the service; provided, however, that should the excess extension footage be subsequently utilized for additional taps or connections, then the cost of such excess footage, or applicable portion thereof, shall be refunded if utilized within five years from the date of installation.
    

5. The above charges shall be paid upon application for such installation.
    

6. No building or water permit shall be issued by the town authorities until all or any unpaid portion of the above charges and interest, if any, shall have been paid.
    

7. In the event the purpose for which the water is to be used or the amount to be charged therefor, is not set out in this chapter, then the town clerk shall present such application to the mayor and commissioners, and the mayor and commissioners shall determine whether the applicant shall be furnished with the water and the amount to be charged therefor. In the event the applicant be allowed the use of water, then the town clerk shall issue the permit upon the terms and conditions hereinbefore provided. The town clerk shall make out and deliver to the mayor and commissioners a report of all moneys paid to him under the provisions of this section, to be accounted for at the end of each year in his annual statement. The application and the permit granted thereon shall constitute a contract between the applicant and the town. The minimum charge for the use of water shall begin as soon as the permit has been issued and shall continue until the completion of the premises, and thereafter such additional charges shall be made as may be provided by ordinance or resolution. All water charges shall be preferred liens on the real estate on which the water is used from the time such charges become due and payable. (Ord. 03-04(part): prior code Art. XII § 10)

13.04.110 Payment of charges, discontinuances, adjustments in rents.

1. All charges for use of water shall be paid at the beginning of each term on the first day of January, April, July and October, respectively, in each year, and all persons who shall have contracted for the use of water and who may desire to discontinue the same, shall give notice of their intentions to the water rent collector in writing, who shall thereupon notify the superintendent of waterworks.
    

2. Where water is carried or conveyed from the property to another property having no service pipe connecting the water system, each property so supplied will be charged the prevailing water rates.
    

3. No deductions will be allowed from the prevailing rates on account of any fixtures not in use, unless such fixtures are disconnected by the consumer, in a manner satisfactory to the mayor and commissioners. The superintendent of waterworks shall make an investigation to determine whether such fixtures have been properly disconnected and report his finding to the collector of water rents, and the collector shall make such adjustments in the account of any such consumer as may be necessary to conform with the provisions of this chapter. No vacancy shall be allowed for a period of less than three months. (Ord. 01-08 (part): prior code Art. XII § 11)

13.04.120 Use of stopcocks with branch pipes.

Any person who may be supplied with water by means of a branch connected with a private pipe shall have a sufficient stopcock affixed to such branch as near as possible to the private pipe so as to stop the flow of water through the branch when necessary, without interrupting the supply to the other persons having a right to use the pipe with which such connection may be formed. Every person who may be supplied with water from a private pipe having a branch connected therewith shall in like manner have a sufficient stopcock affixed to the private pipe, above such branch for the purpose aforesaid, and in case of neglect or refusal to comply with any requirement of this section, every person so offending shall be guilty of a misdemeanor. (Prior code Art. XII § 12)

13.04.130 Inspections and repairs to prevent waste of water.

The superintendent of waterworks, or his duly authorized agent, is authorized and empowered to enter and inspect the premises of any consumer of water for the purpose of ascertaining the number and character of all service connections on such premises and the condition of the same, and for the purpose of investigating whether there is any unnecessary waste of water. In case of any unnecessary waste of water found to result from want of repair in the pipes or other fixtures, the owner or occupier of such premises shall be notified to have the necessary repairs made forthwith, and upon his neglect or refusal to do so, it shall be the duty of the superintendent to shut off the water from such premises and any person who shall turn on such water before the necessary repairs have been made shall be deemed guilty of a misdemeanor. (Prior code Art. XII § 13)

13.04.140 Use of private common pipes.

In all cases where several consumers receive a supply of water from branch pipes, hydrants or fixtures uniting with a private common pipe inside the curb, each consumer shall keep such common pipe in repair, and in case of waste therefrom, shall be severally liable to all fines and penalties. Whenever a private pipe inside the curb which supplied water to several separate consumers through branch pipes or fixtures shall become defective so that it cannot be repaired, then the owners of any such premises shall not be permitted or allowed to relay a new joint of common pipe to supply any such consumers, but each of the owners of the premises so supplied with water shall be required to make application for and laying a new service pipe leading from the stopcock at the curb to each premises so supplied with water. Only one property will be supplied with water through one service pipe. (Prior code Art. XII § 14)

13.04.150 Laying of private pipes.

All private pipes conveying water shall be laid at the same depth as the depth of the service main at the stopcock situated on the pavement or sidewalk. Every person laying such private pipe shall be liable for the expense which may be incurred in laying such private pipe at the necessary depth. All private pipes will be laid or installed under the direct supervision of the superintendent of water of the town. (Prior code Art. XII § 15)

13.04.160 Curtailment of use of water.

1. The mayor, after consultation with the commissioners and the director of public works, shall have the authority, whenever in his judgment he shall think it necessary, for the preservation of the public health and safety to suspend, curtail, regulate and prohibit the use of water from the municipal water system of the town, giving notice of such suspension, curtailment, regulation and prohibition by publication in some newspaper published in the town to all consumers of water of such suspension, curtailment, regulation and prohibition. Such suspension, curtailment, regulation and prohibition shall be ordered in accordance with the provisions set forth below in subsections (B) and (C) below:
    

2. Phase 1. Voluntary conservation restraints by all users of water   from the municipal water system of the town.
    

3. 1.  Phase 2. Mandatory restriction of any or all of the following uses:

1. Filling or replenishing of swimming pools;

2. Outside consumption of water, including but not limited to, washing of motor vehicles, houses, sidewalks or any public ways, or watering lawns, gardens or shrubs;

3. The providing of drinking water by operators of restaurants and taverns, unless requested by patrons.

2.   Large volume Users:

1. "large volume user" is defined as any user of town water or of the town water system which uses more than ten thousand (10,000) gallons per day of town water as determined by the average amount of water used by that user during the last two billing periods which covered the same months or periods of time as the month or period of time when the determination is made.

2. During phase 2 restrictions, the mayor after consultation with the commissioners and the director of public works, shall issue a target rate of water usage for large volume users.  In addition to the restrictions set forth in subsection (C) (1) above, a large volume user shall not use town water in excess of the target rate.  The mayor shall notify a large volume user in writing of the target rate which has been established for that user.   

4. Violation of any of the restricted uses set forth in Phase 2 shall be a municipal infraction, for which any law enforcement officer may issue a citation, the fines and penalties for any violation shall be as set forth below;

        1.   For users other than large volume users:

1. Warning shall be given for the first violation. 

2. A continuing or second violation shall be punishable by fifty dollar   ($50.00). fine. 

3. Any subsequent violation (s) shall be punishable by a seventy-five ($75.00) fine. 

         2.   For large volume users:

1. For a first violation, a warning shall be given that the use of water is in excess of the target rate. 

2. For a second, continuing or subsequent occurrence of daily water use in excess of the target rate, a large volume user shall be fined an amount equal to two times the amount of the cost of the water, as determined by the then controlling water rate for that user, for all amounts of water used in excess of the target rate, said fine not to exceed one thousand dollars ($1,000) for each day of the violation.  Each day that the water usage exceeds the target rate shall constitute a separate violation (Ord. 02-15: Ord. 88-4A § 1: prior code Art. XII § 16)

13.04.170 Prohibited acts generally.

1. If any person shall injure the drains, pipes of conduit, any water house, reservoir, the reservoir grounds or the fencing upon such grounds, or shall willfully do, or cause to be done, any act whereby any pipe, plug, wall, cock, engine, machine, or any other fixture, apparatus or device connected with or appertaining to the waterworks shall be stopped, impaired, disarranged or injured or shall open any pipe, box or other appliance so as to occasion a wanton and willful waste of water, or shall permit the water to flow unnecessarily from his dwelling or enclosure, or use the same in any other manner than is specified in the application or contract for the use of water, he shall be guilty of a misdemeanor.
    

2. If any person shall, without proper authority, introduce a ferrule and/or connection into any public or private pipe, or from any connection or communication whatsoever with any public or private pipe, or break ground for that or any other similar purpose in any of the public streets of the town, or shall introduce or use a ferrule and/or connection of larger diameter than is specified in his permit, he shall be guilty of a misdemeanor. (Prior code Art. XII § 17)(Ord. 11-07)

3. The watering of lawns, shrubs, flowers, gardens, etc., via the public water system is prohibited on all days and at all times between the hours of 9:00 a.m. and 6:00 p.m.  Anyone violating this section of the Code shall be guilty of a misdemeanor and maybe subject to a fine of up to $250 or both.

13.08 Sewer System
13.12 Water and Sewer System Benefit Assessments
13.16 Garbage Collection

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17