PRIMGHAR, IOWA, CODE

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CHAPTER 1: SOLID WASTE CONTROL

ARTICLE 1 - GENERAL PROVISIONS

1.01 PURPOSE. The purpose of this chapter is to provide for the sanitary storage, collection, and disposal of solid wastes in order to protect the health, safety, and welfare of the citizens of the city from the hazards which may result from the uncontrolled disposal of solid wastes.

1.02 DEFINITIONS. For use in this chapter, the following terms are defined:

1. "Solid Waste" means garbage, refuse, rubbish, and other similar discarded solid or semi-solid materials, including but not limited to materials generating from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by the Code of Iowa.

(Code of Iowa, 455B.301(15))

a. Garbage means all solid and semisolid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, and shall include all such substances from all public and private establishments and from all residences.

(IAC, 567-100.2)

b. Refuse means putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and industrial solid wastes and sewage treatment wastes in dry or semisolid form.

(IAC, 567-100.2)

c. Rubbish means nonputrescible solid waste consisting of combustible and noncombustible wastes, such as ashes, paper, cardboard, tin cans, yard clippings, wood, grass, bedding, crockery, or litter of any kind.

(IAC, 567-100.2)

2. "Residential Waste" means any refuse generated on the premises as a result of residential activities. The term includes landscape wastes grown on the premises or deposited thereon by the elements, but excludes garbage, tires, and trade wastes.

(IAC, 567-20.2)

3. "Landscape Waste" means any vegetable or plant wastes except garbage.

The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.

(IAC, 567-20.2)

4. "Toxic and Hazardous Wastes" means waste materials including, but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, flammable or explosive materials, and similar harmful wastes, which require special handling and careful disposal to conserve the environment and protect the public health and safety.

(IAC, 567-100.2)

5. "Litter" means any garbage, rubbish, trash, refuse, waste materials, or debris.

(Code of Iowa, Sec. 455B.361(1))

6. "Rubble" means stone, brick, or similar inorganic material.

(IAC, 567-100.2)

7. "Open Burning" means any burning of combustible materials where the products of combustion are emitted into the open air without passage through a chimney or stack.

(IAC, 567-20.2)

8. "Backyard Burning" means the disposal of residential waste by open burning on the premises of the property where such waste is generated.

(IAC, 567-20.2)

9. "Open Dumping" means the depositing of solid wastes on the surface of the ground or into a body or stream of water.

(IAC, 567-100.2)

10. "Discard" means to place, cause to be placed, throw, deposit, or drop.

(Code of Iowa, Sec. 455B.361(2))

11. "Sanitary Disposal" means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

(IAC, 567-100.2)

12. "Sanitary Disposal Project" means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the executive director.

(Code of Iowa, Sec. 455B.301(13))

13. "Sanitary Landfill" means a method of disposing of refuse on land by utilizing the principles of engineering to confine the refuse to the smallest practical volume and to cover it with a layer of earth so that no nuisance or hazard to the public health is created.

(IAC, 567-100.2)

14. "Salvage Operation" means any business, industry, or trade engaged wholly or in part in salvaging or reclaiming any product or material, including but not limited to chemicals, drums, metals, motor vehicles, or shipping containers.

(IAC, 567-20.2)

15. "Approved Incinerator" means equipment facilities for the enclosed burning of refuse having a stack adequate to maintain a draft sufficient for efficient combustion and equipped with a screen sufficiently fine to prevent ejection of particles of burning materials as approved by the city based on recommendations of the Environmental Protection Commission (EPC) of the Iowa Department of Natural Resources (IDNR).

16. "Owner" means in addition to the record titleholder any person residing in, renting, leasing, occupying, operating, or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

1.03 HEALTH HAZARD. It shall be unlawful for any person to permit, to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard.

1.04 FIRE HAZARD. It shall be unlawful for any person to permit to accumulate quantities of solid waste within or close to any building, unless the same is stored in containers in such a manner as not to create a fire hazard.

1.05 OPEN BURNING. No person shall allow, cause or permit open burning of combustible materials. The following shall be permitted exceptions:

(IAC, 567-23.2)

1. DISASTER RUBBISH. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.

(IAC, 567-23.2(3a))

2. DISEASED TREES. The open burning of diseased trees; however, when the burning of diseased trees causes a nuisance, appropriate action may be taken to require relocation of the burning operation. Rubber tires shall not be used to ignite diseased trees.

(IAC, 567-23.2(3b))

3. FLARE STACKS. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the EPC of the IDNR.

(IAC, 567-23.2(3c))

4. LANDSCAPE WASTE. The disposal by open burning of landscape waste originating on the premises; however, the burning of landscape waste produced in clearing, grubbing, and construction operations shall be limited to areas located at least one-fourth (1/4) mile from any inhabited building. Rubber tires shall not be used to ignite landscape waste.

(IAC, 567-23.2(3d))

5. RECREATIONAL FIRES. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the EPC of the IDNR.

(IAC, 567-23.2(3e))

6. TRAINING FIRES. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods, provided that the Executive Director of the EPC of the IDNR receives notice in writing at least one (1) week before such action commences.

(IAC, 567-23.2(3g))

7. VARIANCE. Any person wishing to conduct open burning of materials not exempted herein may make application for a variance to the Executive Director of the EPC of the IDNR.

(IAC, 567-23.2(2))

1.06 LITTERING PROHIBITED. No person shall discard any litter on or in any water or land, except when and where authorized. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.

1.07 OPEN DUMPING PROHIBITED. No person shall dump or deposit, or permit the open dumping or depositing of, any solid waste except rubble at any place other than a sanitary disposal project approved by the IDNR.

(IAC 567-101.3(1))

1.08 TOXIC AND HAZARDOUS WASTES. No person shall dump or deposit, or permit the dumping or depositing of toxic or hazardous wastes except in accordance with the Code of Iowa.

(Code of Iowa, Sec. 455B.411-455B.421)

1.09 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing, or renting any premises, dwelling unit, or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

1. CONTAINER SPECIFICATION.

a. Residential waste containers shall be made of galvanized metal, rubber, fiberglass, or of plastic which does not become brittle in cold weather. Disposable containers or those approved by the City may be used. They shall have a minimum capacity of not less than five (5) gallons and not more than thirty-two (32) gallons. They shall be of lightweight and sturdy construction, with the total weight of any individual container, fully loaded, not to exceed seventy-five (75) pounds. They shall be of the type manufactured for storage of residential wastes with tapered sides for easy emptying and suitable lifting devices such as handles or bails. They shall be waterproof and leakproof. They shall be fitted with a fly tight lid, which shall remain in place except for the deposit or removal of wastes.

Editor's Note: Ordinance 237, Section 13.28.110(A)(1) was approved on June 20, 2001; establishing maximum capacity and weight of containers.

b. Every person owning, managing, operating, leasing, or renting any commercial premise where excessive amounts of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.

2. LOCATION OF CONTAINERS. Residential solid-waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the city to use public property for such purposes. The storage site shall be well drained and fully accessible to collection equipment, public-health personnel, and fire-inspection personnel.

3. NONCONFORMING CONTAINERS. Solid waste containers, which are not approved, will be collected together with their contents and disposed of after notice to the owner.

1.10 SANITARY DISPOSAL REQUIRED OF OWNER. It shall be the duty of each owner to provide for the sanitary disposal of all refuse accumulating on his premises before it becomes a nuisance. If such accumulation becomes a nuisance, the city may proceed to abate the nuisance.

(Code of Iowa, Sec. 657.2)

1.11 PROHIBITED PRACTICES. It shall be unlawful for any person to:

1. UNLAWFUL USE OF CONTAINERS. Deposit refuse in any solid-waste containers other than his own without the written consent of the owner of such containers.

2. INTERFERE WITH COLLECTORS. Interfere in any manner with solid waste collection equipment or with solid-waste collectors in the lawful performance of their duties, whether such equipment or collectors be those of the city or those of any other authorized waste-collection service.

3. UNLAWFUL DISPOSAL. Dispose of refuse at any facility or location which is not an approved sanitary disposal project.

4. UNLAWFUL COLLECTION. Engage in the business of collecting, transporting, processing, or disposing of refuse within the city without a contract with the city, or possessing a city solid waste hauler permit.

5. INCINERATORS. Burn rubbish or garbage except in approved incinerators so maintained and operated as to prevent the emission of objectionable odors or particulate matter.

CHAPTER 1: SOLID WASTE CONTROL

ARTICLE 2 - COLLECTION AND TRANSPORTATION OF SOLID WASTE

2.01 DEFINITIONS. For use in this chapter the following terms are defined:

1. "Solid Waste Collection" shall mean the gathering of solid wastes from public and private places.

(IAC, 567-100.2)

2. "Solid Waste Transportation" shall mean the conveying of solid waste from one place to another by means of vehicle, rail, car, water vessel, conveyor, or other means.

(IAC, 567-100.2)

3. "Residential Premises." A single family dwelling and any multiple family dwelling up to and including four (4) separate quarters. Garden type apartments and row type housing units shall be considered residential premises regardless of the total number of each such apartments or units which may be included in a given housing development.

4. "Dwelling Unit." Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

5. "Property Served." Any property which is being used or occupied and is eligible to receive refuse collection and disposal service as provided by this chapter.

6. "Collectors." Any person authorized by the city to gather solid waste from public and private places.

2.02 COLLECTION SERVICE. The City shall provide for the collection of refuse from residential, commercial, industrial or institutional premises within their jurisdiction which are not exempted by law.

2.03 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or refuse containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair.

2.04 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

2.05 FREQUENCY OF COLLECTION. All refuse shall be collected from residential premises at least once a week and from commercial, industrial, and institutional premises as frequently as may be necessary, but not less than once each week.

2.06 BULKY SOLID WASTE. Bulky solid waste which is too large or heavy to be collected in the normal manner of other refuse may be collected at the discretion of the collector upon request. However, if it exceeds the volume specified in the schedule of fees, the contract collector/transporter shall determine the fair and reasonable amount and shall collect the same.

Editor's Note: Ordinance 237 was approved June 30, 2001. The ordinance established 13.28.080 Bulky Solid Waste, which is now 2.06 of this section.

2.07 TREE LIMBS AND BRUSH. Tree limbs of less than four inches in diameter and brush will be collected provided they are placed at the curb or alley line.

2.08 YARD WASTES. Yard waste will not be collected.

2.09 RIGHT OF ENTRY. Solid waste collectors are authorized to enter upon private property for the purpose of collecting refuse as required by this chapter. However, solid waste collectors shall not enter dwelling units or other residential buildings.

2.10 CONTRACT WITH COLLECTOR. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste other than his own within the City without first obtaining from the City a contract in accordance to the following:

(Code of Iowa, Sec. 455B.302)

1. REQUIRED INFORMATION. The following information shall be required on the contract with the city:

a. Name and address. The full name and address of the applicant, and if a corporation, the names and addresses of the officers.

b. Equipment. A complete and accurate listing of the number and type of collection and transportation equipment to be used.

c. Collection program. A complete description of the frequency, routes and method of collection and transportation to be used.

d. Disposal. A statement as to the precise location and method of disposal or processing facilities to be used.

2. INSURANCE. No collector's contract shall be entered into unless the applicant shall file and maintain with the city, in addition to all other requirements, evidence of satisfactory public liability insurance. This insurance must cover all pertinent operations of the applicant related to the business, equipment and vehicles to be operated in the following minimum amounts:

Bodily injury - $500,000.00 per person

$500,000.00 per occurrence

Property damage $500,000.00

Each insurance policy required shall include provisions requiring the insurance agent to notify the city of the expiration, cancellation or other termination of coverage not less than ten (10) days prior to the effective date of such action.

3. PERMIT FEE. A five dollar ($5) fee shall be required of every solid waste hauler, whether or not covered by a city solid waste contract.

4. CONTRACT NEGOTIATED. If the council upon investigation finds the collector to be in order and determines that the collector will collect, transport, process or dispose of solid waste without hazard to the public health or damage to the environment and in conformity with law and ordinance, the contract shall be negotiated to be effective for a period established on the date approved.

5. PAYMENT TO COLLECTOR. The City shall pay the collector by the month the amount due for that month.

6. OWNER MAY TRANSPORT. Nothing within this chapter is to be construed as to prevent an owner from transporting solid waste accumulating upon premises owned, occupied or used by him, provided such refuse is disposed of properly in an approved sanitary disposal project.

7. GRADING OR EXCAVATION EXCEPTED. No contract or permit shall be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities. However, all such materials shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public right-of-way.

2.11 COLLECTION FEES. The collection and disposal of refuse as provided by this chapter is declared to be a benefit to the property served and therefore, a mandatory fee shall be levied and collected for the collection and disposal of solid waste as follows:

(Code of Iowa, Sec. 384.84)

1. SCHEDULE OF FEES. Fees for refuse collection and disposal services are established by ordinance. Fees for the collection of solid waste are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

1. RESIDENTIAL UNIT BASED PRICING. The City will collect from each "residential premises" two (2) containers, as defined in Title II, Chapter 1, Article 1.09(1a), per week for the monthly charge set out in Appendix A. The contents of additional containers will only be collected if the container is marked with an identifying tag that may be purchased from city offices indicating that an additional fee, as provided in Appendix A, has been paid.

2. PAYMENT OF FEES. The fees provided shall be due and payable at the office of the city clerk on or before the 20th day of the month. The provisions of Subparagraphs 4 and 5 below shall be used to enforce collection of delinquent fees.

3. LATE PAYMENT PENALTY. Fees not paid when due shall be deemed delinquent, and a payment penalty of one and one-half percent (1.5%) of the amount due shall be added thereto.

5. LIEN FOR NON-PAYMENT. Fees remaining and delinquent after the due date shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

6. PAYMENT TO COLLECTOR. The City shall pay the collector by the month for the amount that is due that month.

2.12 DELINQUENT ACCOUNTS. The City may take one or more of the following courses of action if an account for solid waste collection services becomes delinquent by more than twenty (20) days:

1. The City may discontinue solid waste collection services to the property for which the account is delinquent; provided that prior written notice of the intended action by the City is first sent to the account holder by ordinary mail. The notice shall inform the account holder of the nature of the delinquency and inform the account holder of the opportunity for a hearing before the city council. The notice shall be sent to the account holder at least twelve (12) days before the date intended for the service to be discontinued. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the same notice shall also be given in the same manner as required to be given to the account holder. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

2. The City may certify to the County Treasurer the amount of the delinquent account, which shall become a lien on the property if the following steps have been taken by the City:

a. Written notice has been sent by ordinary mail to the account holder at least thirty (30) days prior to certification of the lien to the County Treasurer. The notice shall state the intention of the City to certify to the County Treasurer the amount of the delinquent account, and inform the account holder of the opportunity for a hearing before the city council. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

b. If the account holder is a tenant, and the owner or landlord have requested notice, then the same notice shall also be given in the same manner to the owner or landlord as required to be given to the account holder.

c. No lien shall be imposed for delinquent charges of less than $5.00. However, the City may charge an administration fee of up to $5.00, which amount shall be added to the lien and collected at the time of payment of the assessment.

4. The City may institute civil proceedings in a Small Claims Court to collect the amount of the delinquent account.

5. Any violation of the provisions of this Chapter shall also constitute a Municipal infraction.

2.13 LIEN FOR DELINQUENT ACCOUNTS. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises. Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

2.14 COMBINED SERVICE ACCOUNT. The City may combine charges for solid waste collection with other city utility charges. If such a combined service account becomes delinquent, then all services may be discontinued after the required procedures have been followed.

2.15 DEPOSIT. From time-to-time the Council may by ordinance set a combined utility security deposit fee for utilities. Where the customer pays all amounts for all utilities due at the time of moving out of the city, the full amount of the combined utility security deposit shall be paid to the customer in person or by mail. The deposit(s) is for the following municipal utility services:

1. The Community Agency (TCA)

2. Water Services

3. Sewer Services

4. Solid Waste Services

5. Municipal Electricity Services

CHAPTER 1: SOLID WASTE CONTROL

ARTICLE 3 - SOLID WASTE DISPOSAL

3.01 SANITARY DISPOSAL REQUIRED. Solid wastes generated or produced within the city shall be disposed of at a sanitary disposal or processing facility approved by the city and by the Iowa DNR.

(Code of Iowa, Sec. 455B.307(1)

3.02 EXCEPTIONS. Nothing in this article shall prohibit the filling, leveling or grading of land with earth, sand, ashes, cinders, slag, gravel, rock, demolition or construction rubble or similar inert wastes provided these materials are not contaminated or mixed with combustible, putrescible or other waste materials, and further providing that such fill is leveled and seeded with grass or other nonoffensive vegetation, nor to the disposal of animal and agricultural wastes on land used or operated for farming.

3.03 TOXIC AND HAZARDOUS WASTES. Toxic or hazardous wastes shall be disposed of only in accordance with explicit instructions first obtained from the Executive Director of the EPC of the Iowa DNR.

(IAC, 567-102.14(2))

3.04 PRIVATE SANITARY DISPOSAL PROJECT. No person may establish and operate a private sanitary disposal project within the city without approval of the council.

3.05 NEW SITE APPROVAL. Prior to the siting of a proposed new sanitary landfill or infectious waste incinerator within the city limits, a request for approval shall be submitted to the council. The applicant shall submit information to the council to demonstrate compliance with the requirements prescribed by Chapter 455B of the Code of Iowa.

(Code of Iowa, Sec. 455B.305A)

CHAPTER 2: SANITARY SEWER SYSTEMS

ARTICLE 4 - PUBLIC SEWER SYSTEMS

4.01 PURPOSE. The purpose of this article is to provide for the regulation of public and private sewer systems.

4.02 DEFINITIONS. For use in this chapter the following terms are defined:

1. "Sewer System" means pipelines or conduits, pumping stations, force mains, vehicles, vessels, conveyances, injection wells, and all other constructions, devices and appliances appurtenant thereto used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal or disposal to any water of the state. To the extent that they are not subject to section 402 of the Federal Water Pollution Control Act as amended, ditches, pipes, and drains that serve only to collect, channel, direct, and convey nonpoint runoff from precipitation are not considered as sewer systems for the purposes of this chapter.

(Code of Iowa, Sec. 455B.171(5))

2. "Sewage" means the water-carried waste derived from ordinary living processes.

(Code of Iowa, Sec. 455B.171(1))

3. "Public Sewer" means a common sewer which is directly controlled by a public authority.

4. "Private Sewer" means a sewer privately owned and not directly controlled by a public authority.

5. "Sanitary Sewer" means a sewer which carries sewage and excludes storm, surface and ground water.

6. "Sanitary Sewage" means sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions, and free from storm, surface water and industrial wastes.

7. "Sewage Treatment Plant" means any arrangement of devices and structures used for treating sewage.

8. "Industrial Wastes" means any liquid, gaseous, radioactive, or solid waste substance resulting from any process of industry, manufacturing, trade or business or from the development of any natural resource.

(Code of Iowa, Sec. 455B.171(2))

9. "Properly Shredded Garbage" means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch to any dimension.

10. "Building Drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

11. "Building Sewer" is that part of the horizontal piping from the building wall to its connection with the main sewer or private sewage disposal system and conveying the drainage of but one building site.

12. "Natural Outlet" means any outlet into a water course, pond, ditch, lake or other body of surface or ground water.

13. "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.

14. "Contributor" means any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the public sewer system.

15. "Sewer Rental" means any and all rates, charges, fees, or rentals levied against and payable by contributors as consideration for the servicing of said contributors by said sewer system.

16. "Slug" means any discharge of water, sewage or industrial waste which in concentration of any given constituent, or if quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

17. "Interceptor" means a device designed and installed so as to separate and retain deleterious, hazardous and undesirable matter from normal wastes and permit normal sewage or liquid wastes to discharge into the drainage system.

18. "Superintendent" means the person assigned to supervise the sanitary sewage collection system and treatment works.

4.03 DAMAGING SEWER SYSTEM. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system.

(Code of Iowa, Chapter 716)

4.04 MANHOLES. No person shall open or enter any manhole of the sewer system, except by authority of the City Council.

(Code of Iowa, Chapter 716)

4.05 TREATMENT REQUIRED. It is unlawful to discharge to any natural outlet within the city, or in any area under the city's jurisdiction, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(Code of Iowa, Sec. 364.12(3f))

4.06 PERMIT. Before any person opens, uncovers, or in any manner makes a connection with any part of the public sewers, he must obtain a written permit from the clerk. The following shall apply to all permits:

1. APPLICATION. The application shall be filed on blanks furnished by the city and contain the following information:

a. Legal description of the property.

b. Name of property owner.

c. Amount and date of any prior assessment for construction of the public sewers.

d. Description of materials to be used and manner of construction.

e. The line of the building sewer and place of connection.

f. Intended use of the sewer.

g. Name and address of the person doing the work.

2. ISSUANCE. The permit shall be issued bearing the time and date of issuance if the proposed work meets all the requirements and if all required fees have been paid. Work under any permit must begin within six (6) months of the issuance date.

3. REVOCATION. The Building Inspector at any time may revoke the permit for any violation of this chapter and require that the work be stopped. The owner or plumber may appeal such action to the council.

4. FEE. Before any permit is issued, the person who makes the application shall pay a fee established by ordinance. This fee is set forth in Appendix A of the Primghar City Code and is available at the Office of the City Clerk.

4.07 CONNECTIONS. The owners of all residences and business establishments intended or used for human habitation, occupancy, or uses which abut public sewers must connect their sewage facilities to the public sewers. The following shall pertain to all connections.

(Code of Iowa, Sec. 364.12(3f))

1. LICENSE REQUIRED. Any installation of a private sewer and its connection to a public sewer shall be made by a plumber licensed by this city. The council shall have the power to suspend the license of any plumber for violation of any of the provisions of this chapter. A suspension, unless revoked, shall continue until the next regular meeting of the council. The clerk shall notify the plumber immediately by personal written notice of the suspension, the reasons for the suspension, and the time and place of the council meeting at which a hearing will be granted.

2. CONNECTION FEE. The City shall assess a fee for the initial connection of a sewer line in an amount equal to the total original cost to the City for extending the utility to the property to be served. The City may deduct any portion of this cost which has been previously assessed and paid.

3. SPECIAL CONNECTION CHARGE. If the property to be connected to a public sewer has not been assessed for any part of the cost of construction of the public sewers, or has been assessed only as an unimproved lot, the owner shall pay a special connection charge to the city for the use of the public sewers before the permit is issued. The fee amount shall be determined by the council by ordinance.

4. SEPARATE CONNECTIONS. In no case shall a joint sewer be allowed where the property abuts on a street, alley or easement in which there is a public sewer. Other buildings in adjacent areas which are required to be connected shall be separately and independently connected to the public sewers unless the council specifically permits joint connections by resolution.

5. SEWAGE LIFTS. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

6. SEWER TAPS, AT "Y" BRANCH. Connection of the building sewer into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If no properly located "Y" branch is available, the property owner shall, at his own expense, install a "Y" saddle, carefully mortared set into the public sewer at the location specified by the clerk.

7. WATERCOURSE CROSSINGS. No sewer connection shall be laid so that it is exposed when crossing any watercourse. Where an old watercourse must of necessity be crossed and where there is any danger of undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe thoroughly encased in concrete shall be required for such crossings. Such encasement shall extend at least six (6) inches on all sides of the pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid material at either end and be adequately supported if more than one pipe length is used.

4.08 QUALITY OF PIPE AND FOUNDATION. Building sewer pipes shall be of the best quality, free from flaws, splits or breaks. They shall be laid on a smooth bottom with bell holes cut in the bottom of the trench so that the joining of the bell and the spigot shall be watertight, gastight and root proof. All sewer pipes must be laid in such a manner as to prevent rupture or misalignment by settlement or freezing.

4.09 GRADE. All sewer pipes shall be laid with a uniform grade from the building to the public sewer system and no offsetting will be allowed without written permission of the superintendent.

4.10 OWNER'S RESPONSIBILITY. All costs and expenses incident to the installation, connection and maintenance of the building sewer shall be the responsibility of the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

4.11 INTERCEPTORS. Grease, oil, sludge and sand interceptors shall be provided by filling stations, automobile wash racks, garages, and other facilities, when in the opinion of the superintendent, they are necessary for the proper handling of such wastes that contain grease in excessive amounts or any flammable waste, sand or other harmful ingredients. Such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity as provided by the State Plumbing Code, and shall be located so as to be readily and easily accessible for cleaning and inspection.

1. REQUIREMENT. The interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers that shall be gastight and watertight.

2. MAINTENANCE. All interceptors of grease, oil, sludge and sand shall be maintained by the owner at his expense in continuously efficient operations at all times.

4.12 EXCAVATIONS. Excavations for sewers shall be dug so to present the least possible inconvenience to the public and to provide for the passage of water along the gutter. Such excavations shall have proper barricades at all times, and warning lights placed from one-half (1/2) hour before sunset to one-half (1/2) hour after sunrise. The excavation must be backfilled in accordance with city specifications as to material and compaction so as to prevent settlement. The plumber must maintain the affected area in good repair to the satisfaction of the council for three (3) months after refilling. No excavation shall be made within six (6) feet of any laid water pipe while the ground is frozen, and no water or sewer pipe shall be exposed to frost, except by special written permission of the superintendent.

4.13 SEPARATE TRENCHES. The building drain and water service pipe shall be at least ten feet apart horizontally, and shall be separated by undisturbed or compacted earth.

4.14 EXCEPTION. The building sewer or building drain may be placed in the same trench with the water service pipe provided the following conditions are met:

1. WATER SERVICE PIPE ABOVE SEWER LINE. The bottom of the water service pipe, at all points, shall be at least twelve inches above the top of the sewer line at its highest point.

2. WATER SERVICE PIPE ON SHELF. The water service pipe shall be placed on a solid shelf excavated at one side of the common trench. Where ground conditions do not permit a shelf, the pipe may be laid on a solidly tamped backfill.

3. NUMBER OF JOINTS. The number of joints in the water service pipe shall be kept to minimum.

4. PRESSURE PROHIBITED. No part of the building sewer or building drain shall be under pressure.

4.15 RESTORATION OF PUBLIC PROPERTY. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city, at the expense of the property owner.

(Code of Iowa, Sec. 364.12)

4.16 COMPLETION BY CITY. Should any excavation be left open or partly refilled for twenty-four (24) hours after the private sewer is installed and connected with the public sewer, the superintendent shall have the right to finish or correct the work, and the council shall assess the costs to the property owner or the plumber. If the plumber is assessed, he must pay the costs before he can receive another permit. If the property owner is assessed, such assessment shall be collected with and in the same manner as general property taxes.

(Code of Iowa, Sec. 364.12(3h))

4.17 INSPECTION AND APPROVAL. All private sewers and their connections with the public sewers must be inspected and approved by the superintendent before being backfilled. If approval is refused, the plumber or owner must proceed immediately to correct the work so that it will meet with approval.

4.18 PROHIBITED DISCHARGE SPECIFIED. No person shall discharge or cause to be discharged any of the following described waters or waste to a public sanitary sewer:

1. SURFACE WATERS. Any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters.

2. HIGH TEMPERATURE. Any liquid or vapor having a temperature higher than 150 degrees F.

3. FAT OIL, GREASE. Any water or waste which contains more than one hundred (100) parts per million by weight of fat, oil, or grease.

4. FLAMMABLE MATERIALS. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

5. GARBAGE. Any garbage that has not been properly shredded.

6. SOLID OR VISCOUS SUBSTANCES. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing the obstruction of the flow in sewers or other interference with the proper operation of the city's sewage and treatment system.

7. SUSPENDED SOLIDS. Any waters or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant.

8. CORROSIVE WASTES. Any water or wastes having corrosive properties paunch capable of causing damage or hazard to structures, equipment or

personnel of the sewage system. Free acids and alkalis of such wastes must be neutralized within a permissible range of pH between 4.5 and 10.0.

9. SLUGS. Any wastes that for a duration of fifteen (15) minutes have a concentration greater than five (5) times that of "normal sewage" as measured by suspended solids.

10. NOXIOUS OR MALODOROUS GAS. Any noxious or malodorous gas or other substance which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.

11. TOXIC OR POISONOUS SUBSTANCE. Any water or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with sewage treatment or the sewer system, that would constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage system.

12. MATERIALS WHICH REACT WITH WATER OR WASTES. Any waters, wastes, materials or substances which react with water or wastes in the sewer system to release noxious gases, develop color of undesirable intensity, form suspended solids in objectionable concentration or create any other condition deleterious to sewage structures and treatment processes.

13. SPECIAL AGREEMENTS PERMITTED. No statement in this section shall be construed as preventing any special agreement, arrangement or contract between the council and any industrial concern whereby an industrial waste of unusual strength or character may be accepted subject to special conditions as to treatment, rate and cost as established by the council.

14. SURFACE WATERS EXCEPTION. Special permits for discharging surface waters to a public sanitary sewer may be issued by the council upon recommendation of the superintendent where such discharge is deemed necessary or advisable for purposes of flushing, but any permit so issued shall be subject to revocation at any time when deemed to the best interest of the sewer system.

15. UNPOLLUTED WATERS OR WASTES IN SEWERS.

A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent of utilities. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent to a storm sewer, combined sewer or natural outlet.

C. No owner or occupant of any building shall discharge or permit to be discharged into the sanitary sewers any substance which will clog the pipes or joints or interfere unduly with the sewage disposal process.

4.19 SERVICE OUTSIDE THE CITY. The owners of property outside the corporate limits of the city so situated that it may be served by the city sewer system may apply to the council for permission to connect to the public sewer system upon the terms and conditions stipulated by resolution of the council.

(Code of Iowa, Sec. 364.4(2&3))

4.20 ABATEMENT OF VIOLATIONS. Construction or maintenance of building sewer lines located upon the private property of any owner which is in violation of any of the requirements of this article, with the exception of the requirements of Subsection 4.18(14) of this article, shall be corrected at the owner's expense, within thirty (30) days after date of official notice from the council of such violations. If not made within such time the council shall, in addition to the other penalties provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.

(Code of Iowa, Sec. 364.12(3h))

CHAPTER 2: SANITARY SEWER SYSTEMS

ARTICLE 5 - PRIVATE SEWER SYSTEMS

5.01 DEFINITIONS. The following terms are defined for use in this article.

1. "Private Sewage Disposal System" means all equipment and devices necessary for proper conduction, collection, storage, treatment and disposal of sewage from a dwelling or other facility serving the equivalent of fifteen (15) persons or less and including building sewers, septic tanks, absorption fields, leaching or seepage pits, privy vaults and subsurface sand filters.

2. "Reasonably Accessible" means a distance from a property to a sanitary sewer of 100 feet but the council may make a determination that up to 250 feet is practical for a connection to a public sewer system in specific circumstances.

5.02 WHEN PROHIBITED. No private sewage disposal system shall be installed where a public sanitary sewer is reasonably accessible as determined by the council unless an exception is granted in writing.

(IAC, 567-69.3 (3)(a)(1))

5.03 PRIVATE SYSTEM REQUIRED. When a public sanitary sewage is not reasonably accessible, every building wherein persons reside, congregate or are employed shall be provided with private sewage disposal system complying with state and local laws.

(IAC, 567-69.3(3)(a)(3))

5.04 CONNECTION REQUIRED WHEN AVAILABLE. When a public sanitary sewer becomes reasonably accessible, any building then served by a private sewage disposal system shall be connected to the public sewage system.

(IAC, 567-69.3(3)(a)(2))

5.05 PRIVATE SYSTEMS ABANDONED. Within sixty (60) days of notice that a public sewer is available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer and the private sewage disposal facility shall be abandoned and filled with suitable material.

(Code of Iowa, Sec. 364.12(3f))

5.06 COMPLIANCE WITH STATE RULES. The type, capacity, location and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Health.

5.07 DISCHARGE TO NATURAL OUTLETS PROHIBITED. No septic tank or cesspool shall be permitted to discharge to any natural outlet or drain into the open.

(IAC, 567-69.3(3)(c))

5.08 MAINTENANCE OF FACILITIES. The owner of private sewage disposal facilities shall operate and maintain the facilities in a sanitary manner at all time and at no expense to the city.

5.09 DISPOSAL OF WASTE. It shall be unlawful for any person to place any effluent or waste from cesspools, septic tanks or privy vaults in any place in the city except where may be designated by the council. The rate or charge for receiving such waste shall be determined by resolution of the council.

5.10 ADDITIONAL REQUIREMENTS. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by any health officer acting in his official capacity.

CHAPTER 2: SANITARY SEWER SYSTEMS

ARTICLE 6 - SEWER RENTAL

6.01 SEWER RENTAL REQUIRED. Every contributor shall pay to the city sewer rental fees as hereinafter provided.

(Code of Iowa, Sec. 384.84(1))

6.02 RENTAL RATES. Each contributor shall pay a sewer rental in the amount as established by ordinance of the bill for water and water service attributable to the contributor for property served. The rates are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

(Code of Iowa, Sec. 384.84(1))

6.03 SPECIAL RATES. Where in the judgment of the council, special conditions exist to the extent that the application of the sewer rental provided in section 6.02 would be inequitable or unfair to either the city or the contributor, a special rate shall be proposed by the council and submitted for approval by resolution.

(Code of Iowa, Sec. 384.84(2b))

6.04 PRIVATE WATER SYSTEMS. Contributors whose premises are served by a private water system shall pay sewer rentals based upon water use as determined by the council either by an estimate agreed to by the contributor or by metering the water system at the contributor's expense. Any negotiated or agreed upon sales or rentals shall be subject to approval of the council.

(Code of Iowa, Sec. 384.84(2b))

6.05 PAYMENT OF BILLS. All sewer rentals shall be due and payable under the same terms and conditions, including penalty for late payment, provided for payment for water service.

(Code of Iowa, Sec. 384.84(1))

6.06 DELINQUENT ACCOUNTS. The City may take one or more of the following courses of action if the account for sanitary sewer service becomes delinquent by more than twenty (20) days:

1. The City may discontinue sanitary sewer service to the property for which the account is delinquent; provided that prior written notice of the intended action by the City is first sent to the account holder by ordinary mail. The notice shall inform the account holder of the nature of the delinquency and inform the account holder of the opportunity for a hearing before the city council. The notice shall be sent to the account holder at least twelve (12) days before the date intended for the service to be discontinued. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the same notice shall also be given in the same manner as required to be given to the account holder. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

2. The City may certify to the County Treasurer the amount of the delinquent account, which shall become a lien on the property if the following steps have been taken by the City:

a. Written notice has been sent by ordinary mail to the account holder at least thirty (30) days prior to certification of the lien to the County Treasurer the amount of the delinquent account, and inform the account holder of the opportunity for a hearing before the city council. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

b. If the account holder is a tenant, and the owner or landlord have requested notice, then the same notice shall also be given in the same manner to the owner or landlord as required to be given to the account holder.

3. No lien shall be imposed for delinquent charges of less than $5.00. However, the City may charge an administration fee of up to $5.00, which amount shall be added to the lien and collected at the time of payment of the assessment.

4. The City may institute civil proceedings in a Small Claims Court to collect the amount of the delinquent account.

5. Any violation of the provisions of this Chapter shall also constitute a Municipal infraction.

6.07 LIEN FOR DELINQUENT ACCOUNTS. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sewer service charges to the premises. Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

6.08 COMBINED SERVICE ACCOUNT. The City may combine charges for sanitary sewer services with other city utility charges. If such a combined service account becomes delinquent, then all services may be discontinued after the required procedures have been followed.

CHAPTER 3: WATER SERVICES

ARTICLE 7 - PUBLIC WATER SYSTEM

7.01 PURPOSE. The purpose of this chapter is to provide for the regulation of the public water system and water meters and the establishment of water rates.

7.02 DEFINITIONS. For use in this chapter the following terms are defined:

1. "Water System" or "Water Works" means all public facilities for securing, collecting, storing, pumping, treating, and distributing water.

2. "Water Main" means a water supply pipe provided for public or community use.

3. "Water Service Pipe" means the pipe from the water main to the building served.

4. "Customer" means any person receiving water service from the city.

5. "Superintendent" means the waterworks superintendent or his duly authorized assistant, agent or representative.

7.03 MANDATORY CONNECTIONS. All residences and business establishments within the city limits intended or used for human habitation, occupancy or use shall be connected to the public water system if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.

7.04 PLUMBER REQUIRED. All installations of water service pipes and connections to the water system shall be made by a competent plumber.

7.05 PERMIT REQUIRED. Before any person makes a connection with the public water system, a written permit must be obtained from the clerk. The following shall apply to all permits:

(Code of Iowa, Sec. 384.84(2))

1. APPLICATION. Application for the permit shall be filed with the clerk on blanks furnished by the city. It shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water. No different or additional uses will be allowed except by written permission of the clerk.

2. ISSUANCE. The clerk shall issue the permit, signed by the clerk, and stating the time of issuance, if the proposed work meets all the requirements of this article and if all fees required under this article have been paid. Work under any permit must begin within six (6) months after it is issued. The clerk may at any time revoke the permit for any violation of this article and require that the work be stopped.

3. FEE. Before any permit is issued the person who makes the application shall pay to the clerk the cover cost of issuing the permit and supervising, regulating and inspection of the work.

7.06 FEE FOR INITIAL CONNECTION. The City shall assess a fee for the initial connection of water lines in an amount equal to the total original cost to the City for extending the utility to the property to be served. The City may deduct any portion of this cost which has been previously assessed and paid.

7.07 ABANDONED CONNECTIONS. When an old water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation cock and made absolutely water tight.

7.08 TAPPING MAINS. All taps into water mains shall be made under the direct supervision of the superintendent and in accord with the following:

1. INDEPENDENT SERVICES. No more than one house, building or premises shall be supplied from one tap unless special written permission is obtained from the council and unless provision is made so that each house, building or premise may be shut off independently of the other.

2. SIZES AND LOCATION OF TAPS. All mains six (6) inches or less in diameter shall receive no larger than three-fourths (3/4) inch tap. All mains over six (6) inches in diameter shall receive no larger than a one (1) inch tap. Where a larger connection than a one (1) inch tap is desired, two (2) or more small taps or saddles shall be used as the superintendent orders. All taps in the mains shall be made at or near the top of the pipe, at least eighteen (18) inches apart. No main shall be tapped nearer than two (2) feet of the joint of the main.

3. CORPORATION COCK. A brass corporation cock of the pattern and weight approved by the council shall be inserted in every tap in the main. The corporation cock in the main shall in no case be smaller than one (1) size smaller than the service pipe.

4. LOCATION RECORD. An accurate and dimensional sketch showing the exact location of the tap shall be filed with the superintendent in such form as required by him.

7.09 INSTALLATION OF WATER SERVICE PIPE. Water service pipes from the main to the meter setting shall be standard weight type K ¾" copper meeting I.A.P.M.O. specification IS-14-72, or approved cast as to prevent rupture from settlement or freezing.

7.10 CURB STOP. There shall be installed a main shutoff valve of the inverted key type on the water service pipe at the outer sidewalk line with a suitable lock of a pattern approved by the council. The shutoff valve shall be covered with a heavy metal cover having the letter "W" marked thereon, visible and even with the pavement or ground.

7.11 INTERIOR STOP AND WASTE COCK. There shall be installed a shutoff valve and waste cock on every service pipe inside the building as close to the entrance of the pipe within the building as possible and so located that the water can be shut off conveniently and the pipes drained. Where one service pipe supplies more than one customer within the building, there shall be separate valves for each such customer so that service may be shut off for one without interfering with the service to the others.

7.12 EXCAVATIONS. All trench work, excavation and backfilling required in making a connection shall be performed in accordance with applicable excavation provisions as provided for installation of building sewers in Sec. 4.12 of this Title.

7.13 COMPLETION BY THE CITY. Should any excavation be left open or only partly refilled for twenty-four (24) hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the superintendent has the right to finish or correct the work, and the council will assess the costs to the property owner or the plumber. Assessments will be collected as provided for in Section 4.20 of this Title.

7.14 SHUTTING OFF & TURNING ON THE WATER SUPPLY. After giving reasonable notice, the superintendent may shut off the supply of water to any customer because of any substantial violation of this article. The supply shall not be turned on again until all violations have been corrected, the fee for shutting off the water supply has been paid, and the customer has paid a fee to turn the water supply back on. The fee for turning off the water supply and the fee for turning on the water supply is set by council. Each fee is set forth in Appendix A of the Primghar City Code and is available at the Office of the City Clerk.

7.15 POSTING FEE. The fee to post a twenty-four (24) hour notice of discontinuation of water utility services. Fees for posting notices are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

7.16 OWNER RESPONSIBLE FOR MAINTENANCE OF WATER SERVICE PIPE. All costs and expenses incident to the installation, connection and maintenance of the water service pipe from the main to the building served shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said service pipe.

7.17 FAILURE TO MAINTAIN. When any corporation cock or water service pipe becomes defective and leaks and the owner fails to repair the leak and any damage to street surface resulting from the leak, the city may do so and assess the costs to the property owner and if not paid within 30 days of billing, the clerk shall certify the cost to the county treasurer to be collected in the same manner as taxes.

(Code of Iowa, Sec. 364.12(3a & h))

7.18 WATER MAIN EXTENSION POLICY. A water main extension will be made by the city upon application by any person desiring service to his property who signs a contract for such service and pays the cost thereof through a connection charge or otherwise as required by this chapter. No water main will be extended beyond the city limits for commercial or residential purposes unless the applicant agrees to voluntarily petition for annexation simultaneously with such extension where the applicant's property is contiguous to the corporate limits, or agrees to so petition as soon as the applicant's property becomes contiguous to the city limits and files for future use such petition so conditioned.

Water mains will be extended beyond the city limits for any industrial establishment which will employ ten employees or more within one year of the extension over the above existing employment in the community, without annexation being required if it is shown that the industry needs the tax benefit, or if it is on property not contiguous to the city limits.

If the water superintendent determines that no foreseeable need will occur for a public water main, and so recommends to the city council upon council approval, an applicant for service may be permitted to construct a private main in an undeveloped public right-of-way (i.e. no traveled way or no more than a graded and/or traveled vehicular way), provided the work shall meet the city requirements for installations in the public way, including placement in the standard location, protection of work, quality of construction, and backfilling. Such main shall originate in a meter and be the property of the owner who shall be responsible for maintenance in the same manner as with water service pipes. It shall be a condition of the contract for connection that the city will not reimburse the owner for such a main if it has to be replaced with a public main after five years or more use.

7.19 MAIN EXTENSION CHARGES. Water service shall be provided through an extension of a water main in the following cases:

1. For distances up to 50 feet beyond existing end of a city-owned main, upon request of a person who contracts to immediately tap the main upon the completion of the extension and who can be expected to use water service upon the completion of construction of the residence or commercial building or facility to be served...no connection charge.

2. Where two applicants, one on each side of a street make application at the same time under the same contract conditions as in "1." above, extension will be made for 100 feet...no connection charge.

3. Where a single tap is contemplated by an applicant for an extension exceeding 50 feet and it is not foreseeable that other customer taps will be applied for before construction is begun, the applicant shall deposit with the city clerk a sum equal to the estimated cost of the extension required, as determined by the water superintendent, and enter into a contract providing for the deposit and any future rebates in accordance with the following provisions:

a. The city will refund any excess of deposit over the actual cost for the extension.

b. For each customer later connected to the main the city will rebate the proportional share (by feet of frontage) as set out in the contract, the cost of the extension to the original applicant, but not in excess of the final payment by that applicant, provided such connections are made within five years, after which time no rebates shall be paid. However, the applicant shall be entitled to a refund of the unpaid balance of the full amount deposited with the city whenever the revenue derived from the sale of water to customers directly connected to the extension is equal in each of two consecutive twelve (12) month periods within the five years following application to ten (10) percent of the total actual cost of the main extension. Customer is defined as the occupant of a one-family dwelling, a one-family portion of a two-family dwelling, or as a single commercial establishment contracting for water in its own name (and from its own meter).

4. The main extension shall be built to city standards and become the property of the city as it is installed. If the applicant hires the construction, the city shall inspect the work for compliance with city standards and may enforce the specifications.

7.20 WATER MAIN CONSTRUCTION STANDARDS. No water tap will be allowed for service to a property except when a public water main runs along the street in front of the property (unless an alley or easement is determined by the city to be the best approach to serving the property) and at least ten (10) feet beyond the side property line, extended, nearest to the supply side of the main.

The tap must be at least four (4) feet beyond that property line, extended, of the abutting property. No public main shall be less than four inches in diameter, but no such four-inch (4") main shall be extended more than two hundred (200) feet and only if no foreseeable and feasible user can be served beyond said 200 feet. The city reserves the right to put in the size of main required for an adequate system of mains in the future to provide fire flow and adequate pressure for reasonably foreseeable customer service. The main shall be installed and of the quality required by specifications adopted by the council upon recommendation of the water superintendent.

7.21 INSPECTION AND APPROVAL. All water service pipes and their connections to the water system must be inspected and approved by the superintendent. If approval is refused, the plumber or property owner must immediately proceed to correct the work in order to meet approval.

CHAPTER 3: WATER SERVICE

ARTICLE 8 - WATER METERS

8.01 METERS REQUIRED. All water furnished customers shall be measured through meters that measure in U.S. gallons furnished and installed by the city.

(Code of Iowa, Sec. 384.84(1))

Editor's Note: Ordinance # 2002-04 was approved on September 9, 2002 and established that meters "measure in U.S. gallons"

8.02 FIRE SPRINKLER SYSTEM. Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the superintendent. No open connection can be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which must be sealed open.

8.03 LOCATION. All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing.

8.04 METER SETTING. The property owner shall provide all necessary piping and fittings for proper setting of the meter by the city.

8.05 METER REPAIRS AND COSTS. Whenever a water meter owned by the city is found to be out of order, the superintendent shall have it repaired. If it is found that damage to the meter has occurred due to the carelessness or negligence of the consumer or property owner, then the property owner shall be liable for the cost of repairs.

8.06 RIGHT OF ENTRY. The superintendent is permitted to enter the premises of any consumer at any reasonable time to remove or change a meter.

CHAPTER 3: WATER SERVICES

ARTICLE 9 - WATER RATES

9.01 SERVICE CHARGES. Each customer shall pay for water service provided him/her by the City based upon his use of water, as determined by meters provided for in Article 8 of this Chapter. Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not. All residential housing complexes, multiple family residential unit complexes, or structures having more than one (example - rental units, townhouses, condominiums) housing unit shall have a individual meter for each residential unit. This means one meter or master meter cannot be used to meter water for all units.

(Code of Iowa, Sec. 384.84(1))

9.02 RATES AND SERVICES. Water service shall be furnished at the following monthly rates as established by ordinance and are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

9.03 RATES OUTSIDE THE CITY. Water service shall be provided any customer located outside the corporate limits of the city which the city has agreed to serve at a rate established by ordinance of the rates provided in Section 9.02. A copy of the rates for rates outside the city is set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk. No such customer, however, will be served unless the customer has signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the council.

(Code of Iowa, Sec. 364.4(2) & 384.84)

SCHEDULE OF FEES. Fees for water collection and disposal services are established by ordinance. Fees for the collection of solid waste are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

9.04 CUSTOMER DEPOSITS. The deposit for water is included as part of the combined utility security deposit. The amount of deposit is set by ordinance of the Council and is set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

9.05 RESIDENTIAL RENTAL PROPERTY. For residential rental property where a charge for water services is separately metered and paid directly by the tenant, the rental property is exempt from a lien for delinquent charges if the owner or landlord has done the following:

1. The owner or landlord has given written notice to the City utility that the tenant is liable for all charges.

2. A deposit not exceeding the usual cost of ninety (90) days of water service has been paid to the City by the tenant.

3. The notice given to the City utility shall contain the name of the tenant responsible for the charges, the address of the property, and the date the tenant is to begin occupying the premises.

4. If the tenant for which the owner or landowner has given written notice to the city moves from the specified premises, then the owner or landlord shall provide the city with a written notice of the change in occupancy with ten (10) business days after the date when such change occurred. The owner shall also provide the city with written notice of any change in ownership of the specified premises within ten (10) days following the date when such change occurred.

When the tenant moves from the rental property, the City shall return the deposit to the tenant, provided that all water services charges are paid in full. The lien exemption for rental property does apply to charges made by the City for repairs to a water service if these repair charges become delinquent.

(Code of Iowa, Sec. 384.84)

9.06 APPLYING DEPOSIT TO A BILL. If a person fails to pay any amount due for water, penalty or water goods or services as a result of moving out of the premises, the city clerk may draw on the combined utility security deposit for the amount of the arrears and the balance of the deposit, if any, shall be returned to the last known address of the customer, or to the customer in person. Where the customer pays all amounts for all utilities due at the time of moving out of the city, the full amount of the combined utility security deposit shall be paid to the customer in person or by mail. Where the person fails to pay after a turn off the city clerk may draw on the deposit for the amount of arrears, and the balance of the deposit held to apply on the succeeding deposit required at the same or other premises, and water shall not be turned on until the deposit is sufficient to meet the requirements under section 9.04 or 9.05 of this ordinance.

If a deposit is not adequate to pay all arrears at time of the customer's moving from the premises the balance shall be rebilled and the bill sent to the last known address of the customer. Where such rebilling is not paid within 30 days from the mailing of the rebilling, the clerk shall turn the billing over to the city attorney for collection by whatever means the attorney deems appropriate. Where the customer applies for water service at a new premises the past due amount shall be paid and an adequate deposit made before the water may be turned on.

All payments out of the customer guarantee deposit fund shall be by check.

9.07 BILLING PERIODS FOR WATER SERVICE. Billing and payment for water service shall be in accordance with the following:

1. METERS READ. Water meters shall be read on or about the 12th day of each month.

2. PAYMENT. All water charges are due on the twentieth (20th) day of each month following the close of the billing month payable by the twelfth (12th) day after the close of the billing month day to the city clerk.

3. LATE PAYMENT PENALTY. Charges not paid by the twelfth (12th) day after the close of the billing date shall be deemed delinquent and a late penalty as established by ordinance shall be added to the amount of the water fee. Late payment penalty fees are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

4. The City may institute civil proceedings in a Small Claims Court to collect the amount of the delinquent account.

5. Any violation of the provisions of this Chapter shall also constitute a Municipal infraction.

9.08 LIEN FOR DELINQUENT ACCOUNTS. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises. Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

9.09 DELINQUENT ACCOUNTS. The City may take one or both of the following courses of action if the account for water service becomes delinquent by more than twenty (20) days:

1. The City may discontinue water service to the property for which the account is delinquent; provided prior written notice of the intended action by the City is first sent to the account holder by ordinary mail. The notice shall inform the account holder of the nature of the delinquency and inform the account holder of the opportunity for a hearing before the city council. The notice shall be sent to the account holder at least twelve (12) days before the date intended for the service to be discontinued. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the same notice shall also be given in the same manner as required to be given to the account holder. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

2. The City may certify to the County Treasurer the amount of the delinquent account, which shall become a lien on the property if the following steps have been taken by the City:

a. Written notice has been sent by ordinary mail to the account holder at least thirty (30) days prior to certification of the lien to the County Treasurer. The notice shall state the intention of the City to certify to the County Treasurer the amount of the delinquent account, and inform the account holder of the opportunity for a hearing before the city council. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

b. If the account holder is a tenant, and the owner or landlord have requested notice, then the same notice shall also be given in the same manner to the owner or landlord as required to be given to the account holder.

(Code of Iowa, Sec. 384.84)

3. No lien shall be imposed for delinquent charges of less than $5.00. However, the City may charge an administration fee of up to $5.00, which amount shall be added to the lien and collected at the time of payment of the assessment.

4. An exception to the procedure for certifying liens to the County Treasurer shall be that as described in Section 9.05.

9.10 COMBINED SERVICE ACCOUNT. The City may combine charges for water service with other city utility charges. If such a combined service account becomes delinquent, then all services may be discontinued after the required procedures have been followed.

9.11 SHUTTING OFF WATER. A City authorized person may shut off the supply of water to the customer without notice when the customer is found to be using water consuming equipment in a manner adversely affecting the utility's system or its ability to serve others, such as cross-connections, back-siphonage, wastage to the extent of drastically reducing water pressure, or any other action so affecting the safety or proper operation of the system; and the water supply shall not be restored until the customer has corrected the condition. He may likewise shut off the water supply to the customer for violation of or noncompliance with the rules by said customer or for failure of the customer to permit the superintendent, or his authorized assistant, reasonable access to the customer's premises for the purposes enumerated in sections 8.05 and 8.06, provided the superintendent shall have given written notice allowing ten days from the date of mailing or personal notice to comply, Sundays or holidays excepted, and such notice shall state that the customer has the right to appeal to the City Council for explanation of the action.

9.12 METER ACCURACY AND TESTS. All water shall be supplied through meters that accurately measure the amount of water supplied to any building. A city authorized person shall make a test of the accuracy of any water meter when requested in writing. If it is found that such meter overruns to the extent of two percent or more, the cost of the tests shall be paid by the city, and the city will credit on the next bill the overcharges collected since the last known date of accuracy, not to exceed thirty months. If the meter is found to be accurate or slow, the customer shall pay the reasonable costs of the test.

CHAPTER 4: ELECTRIC UTILITY

ARTICLE 10 - GENERAL PROVISIONS

10.01 PURPOSE. The purpose of this chapter is to provide that the City enter into a certain agreement for membership in the MISSOURI BASIN MUNICIPAL ELECTRIC COOPERATIVE ASSOCIATION and a certain agreement to establish THE MISSOURI BASIN MUNICIPAL POWER AGENCY. The purpose of this chapter is also to establish regulations governing the provision of electric service by the Municipal Electric Utility.

10.02 AGREEMENTS AUTHORIZED. The mayor is hereby authorized and directed to execute such agreements for, on behalf of and in the name of the City, and the Clerk, and is authorized to affix the seal thereto and attest to such agreements.

10.03 APPLICATION. Every person desiring to be supplied with electric current shall made written application therefor to the Clerk.

10.04 SERVICE CONNECTIONS. Distribution system shall be applied for service connections only at or near a supporting pole. Such connections shall be made only by the Superintendent or under direction of the Superintendent.

10.05 SERVICES - PHASES. The City will normally provide 120/240 volt single phase service. If other secondary voltages are requested, arrangements must be previously agreed upon by the customer and the Utility.

10.06 TRANSFORMERS - METERING - APPROVAL.

1. All commercial or industrial users whose load requirements require a separate or individual transformer will have installed demand type meters for computation of service costs and billing. When a customer's metering and load center are designed by an engineering firm, said facilities shall have prior approval by the City before hookup. Residential housing structures with one or more units is not considered commercial for purposes of this Article.

2. All residential housing complexes, multiple family residential unit complexes, or structures having more than one (example - rental units, townhouses, condominiums) housing unit shall have a individual meter for each residential unit.

10.07 RIGHT OF ENTRY - SEAL. The City or Primghar reserves the right for its department personnel, employees, or agents to enter upon the premises of any Electrical Utility customer served hereunder between the hours of 8:00 o'clock a.m. and 5:00 p.m. for the purpose of reading meters, making routine inspections, and for any special or emergency inspection which might be required without advance notice to such user. The City shall seal all meters with an appropriate meter seal and it shall be illegal to break, alter, remove, or otherwise tamper with such seal, except under the direct supervision or authority of the Electric Department.

10.08 LOAD MANAGEMENT POLICY. The City of Primghar may, from time to time, impose methods for shedding certain specific loads at critical peak load times on the system. The City will offer or develop voluntary or involuntary control of such loads. The City shall hold and exercise the authority, in its discretion, to temporarily discontinue service to control load peaks in such a way as to benefit the overall customer grid and service load. If any proposed limitation of service resulting from load management threatens the smooth and orderly operation of a public, commercial, or industrial user or otherwise adversely effects said user, the City will make every effort to cooperate with said user to arrange an acceptable peak load limitation policy. Load management is a shared responsibility of the Utility and the user.

10.09 RATES. The rates for electric service are established by ordinance and shall be as stated in Appendix A of the Primghar City Code and are available at the Office of the City Clerk. These established rates to be charged by the city to users inside and outside the city limits of electric current furnished by the municipal light plant.

A. RESIDENTIAL RATES

B. COMMERCIAL LIGHT & POWER RATES

10.10 CUSTOMER DEPOSITS. The deposit for electricity service is included as part of the combined utility security deposit. The amount of deposit is set by ordinance of the Council and is set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

10.11 RESIDENTIAL RENTAL PROPERTY. For residential rental property where a charge for electricity services is separately metered and paid directly by the tenant, the rental property is exempt from a lien for delinquent charges if the owner or landlord has done the following:

1. The owner or landlord has given written notice to the City utility that the tenant is liable for all charges.

2. A deposit not exceeding the usual cost of ninety (90) days of electricity service has been paid to the City by the tenant.

3. The notice given to the City utility shall contain the name of the tenant responsible for the charges, the address of the property, and the date the tenant is to begin occupying the premises.

4. If the tenant for which the owner or landowner has given written notice to the city moves from the specified premises, then the owner or landlord shall provide the city with a written notice of the change in occupancy with ten (10) business days after the date when such change occurred. The owner shall also provide the city with written notice of any change in ownership of the specified premises within ten (10) days following the date when such change occurred.

When the tenant moves from the rental property, the City shall return the deposit to the tenant, provided that all electricity services charges are paid in full. The lien exemption for rental property does apply to charges made by the City for repairs to a electricity service if these repair charges become delinquent.

(Code of Iowa, Sec. 384.84)

10.12 APPLYING DEPOSIT TO A BILL. If a person fails to pay any amount due for electricity, penalty or electricity goods or services as a result of moving out of the premises, the city clerk may draw on the deposit for the amount of the arrears and the balance of the deposit, if any, shall be returned to the last known address of the customer, or to the customer in person. Where the customer pays all amounts for all utilities due at the time of moving out of the city, the full amount of the combined utility security deposit shall be paid to the customer in person or by mail. Where the person fails to pay after a turn off the city clerk may draw on the deposit for the amount of arrears, and the balance of the deposit held to apply on the succeeding deposit required at the same or other premises, and electricity shall not be turned on until the deposit is sufficient to meet the requirements under section 10.10 or 10.11 of this ordinance.

If a deposit is not adequate to pay all arrears at time of the customer's moving from the premises the balance shall be rebilled and the bill sent to the last known address of the customer. Where such rebilling is not paid within 30 days from the mailing of the rebilling, the clerk shall turn the billing over to the city attorney for collection by whatever means the attorney deems appropriate. Where the customer applies for electricity service at a new premises the past due amount shall be paid and an adequate deposit made before the electricity may be turned on.

All payments out of the customer guarantee deposit fund shall be by check.

10.13 BILLING PERIODS FOR ELECTRICITY SERVICE. Billing and payment for electricity service shall be in accordance with the following:

1. METERS READ. Electrical meters shall be read on or about the 12th day of each month.

2. PAYMENT. All electrical charges are due on the twentieth (20th) day of each month following the close of the billing month payable by the twelfth (12th) day after the close of the billing month day to the city clerk.

3. LATE PAYMENT PENALTY. Charges not paid by the twelfth (12th) day after the close of the billing date shall be deemed delinquent and a late penalty as established by ordinance shall be added to the amount of the electricity fee. Late payment penalty fees are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

4. The City may institute civil proceedings in a Small Claims Court to collect the amount of the delinquent account.

5. Any violation of the provisions of this Chapter shall also constitute a Municipal infraction.

10.14 LIEN FOR DELINQUENT ACCOUNTS. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for electricity service charges to the premises. Electricity service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

10.15 DELINQUENT ACCOUNTS. The City may take one or both of the following courses of action if the account for electricity service becomes delinquent by more than twenty (20) days:

1. The City may discontinue electricity service to the property for which the account is delinquent; provided prior written notice of the intended action by the City is first sent to the account holder by ordinary mail. The notice shall inform the account holder of the nature of the delinquency and inform the account holder of the opportunity for a hearing before the city council. The notice shall be sent to the account holder at least twelve (12) days before the date intended for the service to be discontinued. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the same notice shall also be given in the same manner as required to be given to the account holder. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

2. The City may certify to the County Treasurer the amount of the delinquent account, which shall become a lien on the property if the following steps have been taken by the City:

a. Written notice has been sent by ordinary mail to the account holder at least thirty (30) days prior to certification of the lien to the County Treasurer. The notice shall state the intention of the City to certify to the County Treasurer the amount of the delinquent account, and inform the account holder of the opportunity for a hearing before the city council. If the account holder wishes to appear before the city council, then he shall notify the City Clerk in writing of his desire to appear within ten (10) days of the date of the notice sent by the City.

b. If the account holder is a tenant, and the owner or landlord have requested notice, then the same notice shall also be given in the same manner to the owner or landlord as required to be given to the account holder.

(Code of Iowa, Sec. 384.84)

3. No lien shall be imposed for delinquent charges of less than $5.00. However, the City may charge an administration fee of up to $5.00, which amount shall be added to the lien and collected at the time of payment of the assessment.

4. An exception to the procedure for certifying liens to the County Treasurer shall be that as described in Section 10.11.

10.16 SHUTTING OFF & TURNING ON THE ELECTRICITY SUPPLY. After giving reasonable notice, the superintendent may shut off the supply of electricity to any customer because of any substantial violation of this article. The supply shall not be turned on again until all violations have been corrected, the fee for shutting off the electricity supply has been paid, and the customer has paid a fee to turn the electricity supply back on. The fee for turning off the electricity supply and the fee for turning on the electricity supply is set by council. Each fee is set forth in Appendix A of the Primghar City Code and is available at the Office of the City Clerk.

10.17 POSTING FEE. The fee to post a twenty-four (24) hour notice of discontinuation of electricity utility services. Fees for posting notices are set forth in Appendix A of the Primghar City Code and are available at the Office of the City Clerk.

10.18 COMBINED SERVICE ACCOUNT. The City may combine charges for electricity service with other city utility charges. If such a combined service account becomes delinquent, then all services may be discontinued after the required procedures have been followed.

CHAPTER 5: STORM SEWER

ARTICLE 11 - STORM SEWER

11.01 STORM WATER DRAINAGE SYSTEM. The council may declare all or a certain portion of the city as a storm water drainage system district for the purpose of establishing, imposing, adjusting, and providing for the collection of rates as allowed by the Code of Iowa.

(Code of Iowa, Sec. 384.84)

11.02 REVENUE BONDS. The council may institute proceedings to issue revenue bonds for storm water drainage construction pursuant to the Code of Iowa.

(Code of Iowa, Sec. 384.84A)

TITLE II

TITLE II

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