Last Modified on 05/07/2009 09:06:04Chapter 37 WATER*
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Cross references: Water Services Department, § 2-29; Development Advisory Board, § 2-164 et seq.; building regulations, ch. 9; water residential development occupational fee, ch. 19C; water commercial and industrial development occupational fee, ch. 19D; excavations in streets, § 23-26; offenses against public health, § 23-44 et seq.; sewers, ch. 28; water resources acquisition fee, ch. 30; streets and sidewalks, ch. 31; subdivisions, ch. 32; Development Services Department fee schedule, app. A.2.
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Article I. In General
Sec. 37-1. Definitions.
Sec. 37-2. Water and Wastewater Department– Duties– Water and Wastewater Director.
Sec. 37-3. Authority of Water and Wastewater Director to make decisions.
Sec. 37-4. Water and Wastewater Department– Duties.
Sec. 37-5. Ownership of main extensions, service pipes and appurtenant equipment.
Sec. 37-6. Shut-off valves.
Sec. 37-7. Obstruction of water system.
Sec. 37-8. Tampering with and damaging water system.
Sec. 37-9. Only authorized persons to turn on water.
Sec. 37-10. Unauthorized possession, sale or fabrication of Water and Sewers Department keys or hydrant wrench.
Sec. 37-11. Fire hydrants– Generally; purpose and use.
Sec. 37-12. Fire hydrants– Obstructing access; unlawful use, tampering with or injuring.
Sec. 37-13. General construction water– From fire hydrants; unmetered water to be estimated.
Sec. 37-14. Interruption of service.
Sec. 37-15. Street works; utility relocation; notice to Water and Sewers Department.
Sec. 37-16. Condemned buildings.
Secs. 37-17– 37-21. Reserved.
Sec. 37-22. Protection of water supply and sewerage systems.
Sec. 37-23. Water and Sewers Department– Right of entry for inspection; credentials.
Sec. 37-24. Duty of other City departments to aid Water and Sewers Department.
Sec. 37-25. Construction of paving districts.
Sec. 37-26. Permit required for consumer to supply water to others.
Sec. 37-27. Waste of water; failure of customer to make repairs to pipes, valves and fixtures.
Sec. 37-28. Rules and regulations; authority of Director.
Sec. 37-29. Rules and regulations to apply outside City; exception.
Article II. Main Extensions and Construction
Sec. 37-30. Main extensions– Connections with distribution system.
Sec. 37-31. Extensions– Construction; ownership and maintenance.
Sec. 37-32. Extensions– Policy of City– Generally.
Sec. 37-33. Extensions in subdivisions, single lot, and sublot developments and all other developments.
Sec. 37-33.01. Fire hydrants inside City in areas served by private water companies.
Sec. 37-34. Construction water through metered service connections; rates.
Sec. 37-35. Repayments– Mains by developers (approach mains).
Sec. 37-36. Approach mains– Bids for construction; repayment agreements.
Sec. 37-37. Extensions– Engineering costs; inspection of construction.
Sec. 37-38. Extensions– Inapplicability of provisions to existing agreements; no interest to be paid.
Article III. Service Connections
Sec. 37-39. Connection to water mains required.
Sec. 37-40. Buildings to have separate service connections; exceptions.
Sec. 37-41. Unauthorized connection with water mains.
Sec. 37-42. Application for service generally; information required.
Sec. 37-43. Services and materials to be property of Water and Sewers Department; consumers to pay for damages.
Sec. 37-44. Service connections on existing mains.
Sec. 37-45. Developer to install service connections on new mains in new subdivisions.
Sec. 37-46. Connection of existing services to new main.
Sec. 37-47. Changes to existing service connection.
Sec. 37-48. Service pipes– Location.
Sec. 37-49. Service pipes– Excavations under sidewalk; installation.
Sec. 37-50. Special connections for fire prevention service; installation and fees; use.
Sec. 37-51. Service connection fees.
Sec. 37-52. Installation of special services.
Article IV. Meters
Sec. 37-53. Services to be metered.
Sec. 37-54. Location of meters.
Sec. 37-55. Resetting of meters inside buildings.
Sec. 37-56. Cost of changing size of meter or service.
Sec. 37-57. Removal of meters.
Sec. 37-58. Replacement of meters.
Sec. 37-59. Maintenance and repair; consumer to pay for damages.
Sec. 37-60. Testing meter accuracy.
Article V. Deposits, Rates, Billing Procedures and Miscellaneous Charges
Sec. 37-61. Financial responsibility deposits.
Sec. 37-62. Reserved.
Sec. 37-62.1. Method of developing a water quantity charge.
Sec. 37-63. Water rates within the City of Phoenix and Town of Paradise Valley.
Sec. 37-63.1. Non-potable and untreated Central Arizona Project water rates within the City of Phoenix and Town of Paradise Valley.
Sec. 37-64. Water rates– Outside the City of Phoenix.
Sec. 37-64.1. Non-potable and untreated Central Arizona Project water rates outside the City of Phoenix.
Sec. 37-65. Excise tax.
Sec. 37-66. Reserved.
Sec. 37-67. Reserved.
Sec. 37-68. City government; fire hydrant charge.
Sec. 37-69. Charges to service applicant or customer.
Sec. 37-70. Drinking fountains, toilets and other fixtures.
Sec. 37-71. Charges when meter fails to register correctly or unable to be read.
Sec. 37-72. Charges for use of more than one meter.
Sec. 37-73. Fire hydrant meter– Deposit, charges, monthly service charge and water rates; fire flow tests.
Sec. 37-74. Unapproved water use and/or removal of seals from fire prevention system.
Sec. 37-75. Standby fire prevention service.
Sec. 37-76. Water service connection charges.
Sec. 37-77. Separate tap and meter installations.
Sec. 37-78. Reserved.
Sec. 37-79. Changing the size of meter on existing tap.
Sec. 37-80. Meter relocation on existing service line due to right-of-way abandonment for convenience of customer.
Sec. 37-81. Taps for water main extensions.
Sec. 37-82. Test taps.
Sec. 37-83. Water main shutdown; charges.
Sec. 37-84. Activation or reactivation of water service.
Sec. 37-85. Delinquent account fees and miscellaneous charges.
Sec. 37-86. Billing procedure.
Sec. 37-87. Accounts generally; notices; house numbers to be correct.
Sec. 37-88. Payment of bills and charges.
Sec. 37-89. Unpaid bills at previous location.
Sec. 37-90. Water service to tenants.
Sec. 37-91. Unregistered or unassessed water.
Sec. 37-92. Miscellaneous charges for water.
Sec. 37-93. Discontinuance of service– On order of customer.
Sec. 37-94. Resumption of service.
Sec. 37-95. Administrative hearing.
Sec. 37-95.1. Medical accounts and financial hardship accounts.
Article VI. Water Utilities Appraisal Review Board
Sec. 37-96. Water Utilities Appraisal Review Board– Created; composition; appointment and terms of members; administration; compensation of members.
Sec. 37-97. Water Utilities Appraisal Review Board– Duties and powers.
Sec. 37-98. Water Utilities Appraisal Review Board– Plan of operation.
Article VII. Enforcement of Chapter
Sec. 37-99. Interference with or obstructing water system facilities.
Sec. 37-100. Authority of Water and Sewers Department to turn off water.
Sec. 37-101. Rules and regulations to be enforced; exception.
Article VIII. Citizens' Water Rate Advisory Committee
Sec. 37-102. Citizens' Water Rate Advisory Committee; creation; composition; term of office.
Sec. 37-103. Function and purposes.
Sec. 37-104. Appointment of officers and adoption of rules.
Sec. 37-105. Compensation of members.
Sec. 37-106. Committee reports.
Sec. 37-107. Incurring expenses.
Secs. 37-108, 37-109. Reserved.
Article IX. Water Conservation
Sec. 37-110. Limitations on water use for turf-related facilities.
Sec. 37-111. Limitations of water use.
Sec. 37-112. Administrative hearing procedure for maximum annual water allotment and billing disputes.
Sec. 37-113. Declaration of policy; permit required for new turf-related facility.
Sec. 37-114. Declaration of policy; permit required for filling or refilling of new bodies of water.
Sec. 37-115. Construction and repayment of non-potable water components.
Sec. 37-116. Permit variance; non-potable water use requirements for existing bodies of water and existing turf-related facilities.
Sec. 37-117. Responsibility of facilities using non-potable water to secure necessary permits.
Secs. 37-118, 37-119. Reserved.
Sec. 37-120. Additional remedies.
Article X. Drought Management Response Procedure
Sec. 37-121. Scope.
Sec. 37-122. Declaration of policy.
Sec. 37-123. Authorization.
Sec. 37-124. Application.
Sec. 37-125. Water use reduction stages.
Sec. 37-126. Stage 1– Water Alert.
Sec. 37-127. Stage 2– Water Warning.
Sec. 37-128. Stage 3– Water Emergency.
Sec. 37-129. Stage 4– Water Crisis.
Sec. 37-130. Water use reduction implementation.
Sec. 37-130.1. Surcharges, fees, penalties, and variances.
Sec. 37-130.2. Limited exemption to restrictions for users of reclaimed water.
Article XI. Water Environmental Charge
Sec. 37-131. Definitions for Article XI.
Sec. 37-132. Purpose of water environmental charge.
Sec. 37-133. Water environmental rate.
Sec. 37-134. Payment of bills and charges.
Sec. 37-135. Utilization of water environmental charge revenues.
Secs. 37-136– 37-140. Reserved.
Article XII. Backflow Prevention
Sec. 37-141. Declaration of policy; authorization.
Sec. 37-142. Cross connections from or to source of water supply other than that of City.
Sec. 37-143. Responsibility for backflow prevention control.
Sec. 37-144. Backflow prevention methods.
Sec. 37-145. Appeals.
Sec. 37-146. Remedies.
ARTICLE I.
IN GENERALSec. 37-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings specified herein, unless from the context, a different meaning is clearly intended.
Additional low water use landscaped area means:
1) For an existing turf-related facility that is a regulation golf course, low water use landscaped area that was added to the facility after December 26, 1984, and that is not included in the facility's planted acres.
2) For a new turf-related facility that is a regulation golf course, low water use landscaped area that was added to the facility after January 1, 1990, and that is not included in the facility's planted acres.
Additional turfed acres means:
1) For an existing turf-related facility that is a regulation golf course, turfed acres that were added to the facility after December 26, 1984, and that are not included in the facility's planted acres.
2) For a new turf-related facility that is a regulation golf course, turfed acres that were added to the facility after January 1, 1990, and that are not included in the facility's planted acres.
Approved backflow prevention assembly (assembly) means any testable assembly, with the exception of an approved air gap, which has been issued a certificate of approval by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC-FCCCHR or the Foundation), or such other third party certifying entity, unrelated to the product's manufacturer or vendor, which may be acceptable to the Arizona Department of Environmental Quality. A list of assemblies shall be maintained by the Director of Water Services.
Association means the Salt River Valley Water Users' Association, an Arizona corporation.
Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution system of the public potable water supply.
Backpressure means a form of backflow due to any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of service delivery which would cause, or tend to cause, a reversal of the normal direction of flow through the backflow prevention assembly.
Backsiphonage means a form of backflow due to a reduction in system pressure which causes a negative or subatmospheric pressure to exist at a site in the water system.
Body of water means a manmade lake, pond, lagoon, or swimming pool that has a surface area greater than twelve thousand three hundred twenty square feet, and that is used wholly or partly for landscape, scenic, or recreational purposes. "Body of water" does not include a manmade lake used for groundwater recharge pursuant to A.R.S. tit. 45, ch. 2, art. 13. For purposes of this chapter, two or more bodies of water that are connected, or that are designed to function as a unit, shall be considered to be one lake.
Certified tester means an individual certified to test backflow prevention assemblies by the California-Nevada Section of the American Water Works Association (AWWA) or the Arizona State Environmental Technology Training (ASETT) Center or other agencies or organizations involved with the training and certification of testers if they are acceptable to the Arizona Department of Environmental Quality.
Common area means a recreational or open space area or areas maintained for the benefit of the residents of a housing development which is owned and operated as a single integrated facility.
Contiguous means in contact at any point along a boundary or part of the same master planned community. Two parcels of land are contiguous even if they are separated by one or more of the following: a road, easement or right-of-way.
Cross connection means any unprotected or potential connection or structural arrangement between a public or a customer's potable water system and any other source or system through which it is possible to introduce into any part of the potable water system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which "backflow" can or may occur are considered to be cross connections. Compliance with the Phoenix Plumbing Code creates a rebuttable presumption that a cross connection does not exist.
Customer means any person, partnership, association, company, private corporation, public corporation, political subdivision, the United States and the State of Arizona, who receives potable water from the City water system or reclaimed wastewater from the City wastewater system or untreated Central Arizona Project water from City facilities.
Development Services Director means the Director of the City Development Services Department, or his authorized deputy, agent, designee or representative.
Director means the Water Services Director of the City of Phoenix or his authorized deputy, agent, designee or representative.
DWR means the Arizona Department of Water Resources.
Existing turf-related facility, except as defined for section 37-116, means a turf-related facility that, as of December 26, 1984, is in operation or has obtained all pre-construction permits and approvals required by federal, State or local government, or for which substantial capital investment has been made in the physical on-site construction of the facility in the twelve months prior to December 26, 1984. This includes an expansion or modification of a turf-related facility, if that expansion or modification increases the area of land to which water is applied for turf-related watering purposes and has been substantially commenced as of December 26, 1984. An expansion or modification has been substantially commenced if the owner or operator of the facility has obtained all pre-construction permits or approvals required by federal, State or local government for that expansion or modification or has made a substantial capital investment in the physical on-site construction of the expansion or modification in the twelve months prior to December 26, 1984. As used in section 37-116, the words "existing turf-related facility," mean a turf-related facility that as of September 30, 1994, is in operation or has obtained all pre-construction permits and approvals required by federal, State or local government, or for which substantial capital investment has been made in the physical on-site construction of the facility in the twelve months prior to September 30, 1994, or which is owned or operated by a party, successor or designee who have agreed to be bound by the provisions of an agreement requiring use of reclaimed water and covering the conditions of reclaimed water service entered into with the City prior to September 30, 1994. This includes an expansion or modification of a turf-related facility, if that expansion or modification increases the area of land to which water is applied for turf-related watering purposes and has been substantially commenced as of September 30, 1994. An expansion or modification has been substantially commenced if the owner or operator of the facility has obtained all pre-construction permits or approvals required by federal, State or local government for that expansion or modification or has made a substantial capital investment in the physical on-site construction of the expansion or modification in the twelve months prior to September 30, 1994.
Groundwater Code means the Arizona Groundwater Management Act, A.R.S. tit. 45, ch. 2 (A.R.S. § 45-401 et seq.), and any amendments thereto.
Historic low water use landscaped area means:
1) For an existing turf-related facility, the highest number of acres of low water use landscaped area in existence within the facility during any one calendar year from 1980 through 1984.
2) For a new turf-related facility, the highest number of acres of low water use landscaped area in existence within the facility during any one calendar year from 1985 through 1989.
Historic turfed acres means:
1) For an existing turf-related facility, the highest number of acres of turfed acres in existence within the facility during any one calendar year from 1980 through 1984.
2) For a new turf-related facility, the highest number of acres of turfed acres in existence within the facility from 1985 through 1989.
Historical total water surface area means:
1) For an existing turf-related facility, the highest number of acres of total water surface area, excluding the surface area of any bodies of water entirely filled and refilled with effluent which were in existence within the facility during any one calendar year from 1980 through 1984, plus the lesser of: 1) the number of acres of total water surface area, excluding the surface area of any bodies of water entirely filled and refilled with effluent in existence within any portion of the facility that was expanded after December 31, 1984, and 2) an area calculated by multiplying the number of holes located within any portion of the facility that was expanded after December 31, 1984, by 0.14 acre per hole.
2) For a new turf-related facility, the highest number of acres of total water surface area, excluding the surface area of any bodies of water entirely filled and refilled with effluent which were in existence within the facility during any one calendar year from 1985 through 1989 and which were entitled to an allotment of water under the management plan for the first management period.
Hole means a component of a golf course consisting at a minimum of a tee and a green. A driving range is not a hole.
Interconnect facility means that canal facility located adjacent to the Granite Reef Diversion Dam which interconnects the Central Arizona Project (CAP) Canal with the association's water delivery system and with the Salt River bed.
Landscape watering means the application of water from any source, including effluent, by a turf-related facility to a water intensive landscaped area, a low water use area, and revegetation acres.
Landscaping plant means any member of the kingdom Plantae, including any tree, shrub, vine, herb, flower, succulent ground cover or grass species, that grows or has been planted out-of-doors and is used for landscaping purposes.
Lot means a parcel of land or two or more contiguous parcels to be used as a unit.
Low water use landscaped area means an area of land of at least one acre, which is planted in identifiable areas of a turf-related facility, watered by a permanent water application system, and planted primarily with low water use plants. The vegetative covering at maturity of a low water use landscape area, so calculated by the Director of the Water Department must cover at least fifty percent of the area.
Low water using plant means any member of the kingdom Plantae which is on the low water using plant list as may be amended for the Phoenix Active Management Area adopted by the Director of DWR and filed with the Department of Water Resources. Any plant not on the list is a high water using plant.
Net lot area means that portion of a lot excluding all dedicated streets or alleys and roadway or alley easements.
New turf-related facility, except as defined for section 37-113, means a turf-related facility that does not qualify as an existing turf-related facility and any expansion or modification of a turf-related facility, if that expansion or modification increases the area of land to which water is applied for turf-related watering purposes, and has not been substantially commenced as of December 26, 1984. As used in section 37-113, the words "new turf-related facility" means a turf-related facility that does not qualify as an existing turf-related facility and any expansion or modification of a turf-related facility, if that expansion or modification increases the area of land to which water is applied for turf-related watering purposes, and has not been substantially commenced as of September 30, 1994.
Newly turfed area means an area of land planted during the calendar year in question with a grass species that requires additional water for germination and establishment. Newly turfed area does not include an area covered with a grass species during the preceding calendar year that has been overseeded or reseeded with a grass species during the calendar year in question.
Non-member area: Certain non-member areas have valid and subsisting rights to water stored, developed or controlled by the association. Included in this category, but not limited to these are townsite, Maricopa Gardens and new State areas hereinafter referred to as "water rights areas." Other non-member areas do not have valid and subsisting rights to the water stored, developed or controlled by the association. Hereinafter in this ordinance the term "non-member areas" when used will only refer to those non-member areas not having valid and subsisting rights to the water stored, developed and controlled by the association.
Non-potable water means reclaimed water, stormwater runoff that is not subject to appropriation under A.R.S. § 45-131; water withdrawn pursuant to a poor quality groundwater withdrawal permit pursuant to A.R.S. § 45-516; groundwater withdrawn pursuant to a Type 1 or Type 2 non-irrigation certificate of grandfathered right issued by the Arizona Department of Water Resources; or other non-potable water source of a quality suitable for landscape irrigation, which meets all local, State and federal water quality requirements for full body contact, except untreated Central Arizona Project water.
Off-project areas means those areas outside the original SRRD boundaries.
On-project areas means those areas within the SRRD to which the owners or occupants have subscribed to the articles of incorporation and bylaws of the association, and having valid and subsisting water rights, also referred to as member areas. For the purposes of this chapter, on-project areas shall also include water rights areas as referred to above. The remainder of the areas within the SRRD are non-member areas.
Overseeded area means an area of land planted during the calendar year in question with a cool season grass species that grows over dormant warm season grasses in the winter period.
Planted acres means the total turfed acres and low water use landscaped area of a turf-related facility that is a golf course, up to a maximum of five acres per hole. In determining a facility's planted acres, turfed acres shall be counted first.
Point of service delivery means the terminal end of a service connection from the public water system. If a meter is installed at the end of the service connection, then the point of service delivery shall mean the downstream end (i.e., customer's side) of the meter. If an unmetered connection exists, then the point of service delivery shall mean at the point of demarcation between the public right-of-way or easements and private property.
Potable water means water delivered through the City's domestic water delivery system after treatment designed to meet Environmental Protection Agency's and Arizona Department of Environmental Quality drinking water standards.
Regulation golf course means a golf course of at least eighteen holes which is six thousand two hundred yards or more in length per eighteen holes as measured from back of the tee ground furthest from the green down the centerline of the hole to the center of the green.
Revegetation acres means acreage contiguous to a turf-related facility that has been approved by the Director as qualifying for a revegetation allotment adjustment.
Roosevelt Irrigation District Exchange means an agreement between the City of Phoenix, Roosevelt Irrigation District (RID), Salt River Project Agricultural Improvement and Power District and the association referred to as "SRP," and the Salt River Pima Maricopa Indian Community (SRPMIC), to exchange water rights. The City of Phoenix will provide treated effluent from the 23rd Avenue Wastewater Treatment Plant to the RID canals for use in irrigating crops. RID will then arrange to pump wells to provide water to SRP which will then provide water to Phoenix and SRPMIC. In addition to providing the treated effluent, the operation and maintenance costs related to the water supply are fifty percent of the well pumping costs for RID and a portion of RIP [RID] and SRP canal maintenance.
School means a place of general instruction including colleges, but not including business colleges, nursery schools, dancing schools, riding academies, or specialized trade or vocational schools.
SRRD means the Salt River Reservoir District as defined in article IV, section 3 of the articles of incorporation of the association. A copy of the articles of incorporation are on file in the City Clerk's office.
Swimming pool means an artificially constructed pool for swimming purposes that meets the applicable design standards and specifications for swimming pools provided by the Director of the Department of Health Services pursuant to A.R.S. § 36-136(H)(11).
Total operating facility area means an area of land being used for cemetery-related purposes, including any area of land covered by grave markers or by cemetery-related buildings, walks, pathways and landscaping, but not including parking lots and any areas of land being held for future expansion of the cemetery.
Total water surface area means the total surface area of all bodies of water that are an integral part of the water-intensive landscaped area of a turf-related facility. Bodies of water used primarily for swimming purposes are not an integral part of the water-intensive landscaped area of a turf-related facility.
Turf means an area of land which is planted primarily with plants other than low water using plants.
Turfed acres means an area of land within a turf-related facility that is watered with a permanent water application system and planted primarily with plants that are not low water use plants.
Turf-related facility, except as defined for sections 37-113, 37-115 and 37-116, means a school, park, cemetery, golf course or common area of a housing development that applies water from any source, including effluent, to a water-intensive landscape area of ten or more acres, including, but not limited to those facilities listed in appendix 6-B of the Second Management Plan for Phoenix Active Management Area. As used in sections 37-113, 37-115 and 37-116, the words "turf-related facility" mean a facility that applies water from any source to five or more acres of land for turf-related water purposes.
Used water means any water supplied by the City, from the public potable water system to a customer's water system, after it has passed through the point of service delivery.
Water application rate means the amount of water applied in a calendar year.
Water features means use of water in a landscaped area other than for irrigation and includes fountains, artificial streams, ponds and waterfalls.
Water from any source means any water, including reclaimed wastewater from a wastewater treatment facility or cooling tower.
Water-intensive landscaped area means for the calendar year in question, the area of land within a turf-related facility that is watered with a permanent water application system and planted primarily with plants that are not low water use plants, and the total water surface area of the facility.
(Code 1962, § 38-10; Ord. No. G-1059, § 1; Ord. No. G-1113, § 3; Ord. No. G-1835, § 1; Ord. No. G-3232, § 1; Ord. No. G-3477, § 1; Ord. No. G-3645, § 1; Ord. No. G-3672, § 1; Ord. No. G-3749, § 1; Ord. No. G-3794, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 37-2. Water and Wastewater Department– Duties– Water and Wastewater Director.
The Water and Wastewater Director, hereinafter referred to as Director, shall be general executive officer in charge of all personnel, the entire operation, equipment and facilities of the Water and Wastewater Department. He shall also control the water supply and at all times insure the sufficiency thereof and shall notify the public, unless an emergency requires otherwise, of the necessity of shutting off any pipeline for the purpose of making repairs, extensions, or connections, should he have cause to expect to know beforehand of the necessity to so shut off the water from any line. He shall establish and have general supervision over, subject to the approval of the City Manager, all charges for water and sewer services, departmental policies, agreements, new connections, repairs, etc., and for all charges not expressly provided for in this chapter. The Director shall have the authority to waive the collection or imposition of risk deposits, delinquent fees or late charge fees imposed by the provisions of this chapter.
(Code 1962, § 38-11; Ord. No. G-1059, § 1; Ord. No. G-2552, § 1; Ord. No. G-3313, § 1)
Sec. 37-3. Authority of Water and Wastewater Director to make decisions.
The Director shall have the authority to decide any question that may arise which is not fully covered by the provisions contained in this chapter and his decision in such cases shall be final subject only to the general direction of the City Manager.
(Code 1962, § 38-40; Ord. No. G-1059, § 1; Ord. No. G-3313, § 1)
Sec. 37-4. Water and Wastewater Department– Duties.
The Water and Wastewater Department shall make all service connections, and set all meters on the various mains for service except in new subdivisions where the developers are required to have their contractors install water service connections simultaneously with the water main installations. The Department shall also make all repairs on mains, meters, and services, and check all valves and fire hydrants, and see that they are in good order, shall change all meters as necessary to see that they are in acceptable condition and working order, shall operate and maintain all water and sewer system facilities and shall perform such other duties as required by the Director subject to the approval of the City Manager.
(Code 1962, § 38-13; Ord. No. G-930; Ord. No. G-1059, § 1; Ord. No. G-3313, § 1)
Sec. 37-5. Ownership of main extensions, service pipes and appurtenant equipment.
The ownership of all water mains, fire lines, service pipes and appurtenant equipment maintained by the Water and Sewers Department shall be vested in such Department and in no case shall the owner of any premises have the right to claim any part except where otherwise provided.
(Code 1962, § 38-7; Ord. No. G-1059, § 1)
Sec. 37-6. Shut-off valves.
All shut-off valves on the public water system are installed by the City for the use of the Water and Sewers Department. Such shut-off valves shall not be used or in any way molested or manipulated by consumers of water. All consumers shall provide their own valve for ordinary usage. This valve shall be located on the consumer's side of the meter ahead of the first water outlet.
(Code 1962, § 38-17; Ord. No. G-1059, § 1)
Sec. 37-7. Obstruction of water system.
No person shall place upon or about, any valve, valve box, curb cock, water meter box or water gate connected with the water system of the City any object, material, debris or structure of any kind that shall prevent free access to the same at all times or in any manner tamper with or injure such appurtenances. No person shall fill up or cover over any valve or meter box.
(Code 1962, § 38-15; Ord. No. G-1059, § 1)
Sec. 37-8. Tampering with and damaging water system.
It shall be unlawful for any person intentionally to break, deface or damage any hydrant, valve, pipe or other waterworks appliance or fixture or in any other manner interfere with the operation of any part of the water system of the City.
(Code 1962, § 38-44; Ord. No. G-1059, § 1)
Sec. 37-9. Only authorized persons to turn on water.
(a) No person other than an official or employee of the Water and Sewers Department shall turn on water from the City mains without written permission from the Director.
(b) Should the water be turned on to the premises by anyone except an employee of the Department, after it has been turned off at the City's stop cock, it will be turned off at the main and will not be turned on again until a flat charge covering the expense of excavation and replacing of the paving, as established by the Director subject to the approval of the City Manager, shall have been paid.
(Ord. No. G-1059, § 1)
Sec. 37-10. Unauthorized possession, sale or fabrication of Water and Sewers Department keys or hydrant wrench.
It shall be unlawful for any unauthorized person to knowingly have and keep in his possession or under his control any curb cock key, valve key or hydrant wrench to the City water supply system and no person shall, without authority from the Water and Sewers Department, make, construct, buy, sell or in any way dispose of to any person any curb cock key, valve key or hydrant wrench for use on the City water supply system.
(Code 1962, § 38-39; Ord. No. G-1059, § 1)
Sec. 37-11. Fire hydrants– Generally; purpose and use.
Fire hydrants are provided for the primary purpose of extinguishing fires and shall be opened and used only by the Water and Sewers Department and the Fire Department or such persons as may be authorized to do so by the Water and Sewers Director. No permit shall be issued and existing permits shall be cancelled to any person who has violated any of the provisions of this chapter or whose indebtedness to the City for water used or damage to hydrants is delinquent. Every person authorized to open fire hydrants will be required to replace the caps on the outlets when such are not in use and will keep hose connections in good repair. Failure to do so will be sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of such fire hydrants.
(Code 1962, § 38-8; Ord. No. G-1059, § 1)
Cross references: Fire prevention, ch. 15.
Sec. 37-12. Fire hydrants– Obstructing access; unlawful use, tampering with or injuring.
It shall be unlawful for any person to obstruct the access to any fire hydrant by placing around, on or within twenty feet of such hydrant any stone, brick, lumber, dirt, rubbish or other material or to open or operate any fire hydrant or to draw or attempt to draw water or to willfully or carelessly injure such hydrants or in any manner to tamper with or injure such hydrants.
(Code 1962, § 38-9; Ord. No. G-1059, § 1)
Sec. 37-13. General construction water– From fire hydrants; unmetered water to be estimated.
(a) When water for construction is required by a contractor, it shall be supplied through a meter wherever possible. Where an existing service connection is not available, or is of insufficient size, the contractor may apply to the Water and Sewers Department for a fire hydrant meter. Such application may be approved subject to the applicant's compliance with all rules and regulations established by the Water and Sewers Department pertaining to the use of construction water from fire hydrants and the payments of applicable fees and charges.
(b) Wherever the use of unmetered water on a street, pipeline or other public improvement project is approved by the Director, it shall be the duty of the City Engineer to furnish the Water and Sewers Department with an estimate of all unmetered water used. Such waters shall be billed to the contractor at the same rate as water taken through a fire hydrant meter. In addition there will be a charge equal to the cost plus overhead for any work performed by the City to provide construction water for the contractor.
(Ord. No. G-1059, § 1)
Sec. 37-14. Interruption of service.
The water may at any time be shut off from the City's mains without notice due to emergencies or for the purpose of making repairs, extensions, or any other necessary work. The City will not be liable for any damage that may occur on account of the water being cut off for any purpose or on account of the breaking of any pipe or fixtures by the water from the City mains. Water consumers who have any machinery, material, process or plant which requires a constant supply of water, shall install upon their premises such water storage facilities as will prevent any damage in case the City water supply may, for any reason, be interrupted or discontinued.
(Code 1962, § 38-23; Ord. No. G-1059, § 1)
Sec. 37-15. Street works; utility relocation; notice to Water and Sewers Department.
All persons handling street work, such as grading, regrading, filling and trenching or paving, etc., shall give the Director written notice in case it becomes necessary during the work to remove, displace or change any water mains, pipes, fittings, meters, gates or other waterworks appurtenances that may interfere with the prosecution of such work. Where the amount of work to be done does not exceed the amount of three hundred dollars, the notice shall be delivered not less than forty-eight hours before the services of the Water and Sewers Department are required. Where the amount of work does exceed the amount of three hundred dollars, the notice shall be delivered not less than five days before the services of the Water and Sewers Department are required. Failure to furnish such notice shall make the person liable to the Water and Sewers Department in case damages should result from such failure. Responsibility for protection and relocation of existing utilities is as specified under General Conditions, City of Phoenix Standard Specifications, as published by the City Engineering Department.
(Ord. No. G-1059, § 1)
Sec. 37-16. Condemned buildings.
Whenever the City Building Official shall report in writing to the Director that any building has been condemned by him as a structure not habitable and dangerous to human life and whenever the County Health Officer shall report in like manner to the Director that any building has been condemned by him as unsanitary and not fit for habitation, the Director shall at once shut off the water from such building and not permit it to be turned on again until the building has been made safe or sanitary, as the case may be, which condition must be reported to the Director by the City Building Official or the County Health Officer, respectively, as soon as it exists.
(Code 1962, § 38-26; Ord. No. G-1059, § 1)
Secs. 37-17– 37-21. Reserved.
Sec. 37-22. Protection of water supply and sewerage systems.
The Water and Sewers Director and the City Building Official may with the approval of the City Manager, make such additional rules and regulations in furtherance of the purposes of this Code and not inconsistent with specific provisions of this Code as may be deemed necessary to properly protect the City water supply system or the sewage collection and treatment facilities.
(Ord. No. G-1059, § 1)
Sec. 37-23. Water and Sewers Department– Right of entry for inspection; credentials.
(a) Any authorized employee of the Water and Sewers Department shall, upon presentation of his credentials, have free access at all reasonable hours to any premises supplied with City water for the purpose of making any inspection of the entire water system upon such premises.
(b) In case any authorized employee be refused admittance to any premises, or, being admitted, shall be hindered or prevented from making such examination, the Director may cause the water to be turned off from such premises after giving twenty-four hours' notice to the owner or occupant of such premises of his intention to do so.
(c) Servicemen and other employees of the Water and Sewers Department whose duty it may be to enter upon private premises to make inspection and examination of the pipes, fixtures or attachments used in connection with the water supply, shall be provided with credentials to identify them as authorized agents for the Department.
(d) No person not an authorized employee of the Water and Sewers Department shall have or exhibit credentials of the Water and Sewers Department. It shall be the duty of each employee of the Water and Sewers Department upon resignation or dismissal, to surrender and deliver at the office of the Director, all credentials of the Department.
(Code 1962, § 38-14; Ord. No. G-1059, § 1)
Sec. 37-24. Duty of other City departments to aid Water and Sewers Department.
It shall be the duty of all City departments to give vigilant aid to the Water and Sewers Department in the enforcement of this chapter and to this end they shall report all violations which come to their knowledge to the office of the Water and Sewers Director.
(Code 1962, § 38-24; Ord. No. G-1059, § 1)
Sec. 37-25. Construction of paving districts.
Whenever the construction of a paving district has been authorized by the City Council, it shall be the duty of the Street Transportation Director to notify the Water and Wastewater Director. The Water and Wastewater Department shall then request all property holders, in writing, to make application for the installation of blind services within such paving district in order to save the cost of expensive and unsightly paving cuts in newly laid paving.
(Code 1962, § 38-38; Ord. No. G-1059, § 1; Ord. No. G-3313, § 1)
Sec. 37-26. Permit required for consumer to supply water to others.
No owner or lessee of property supplied with water from the City mains shall furnish water to any other person or property without first obtaining written permission to do so from the Water and Sewers Director. No permit will be issued until the person desiring to use the water has obtained and filed with the Director the written consent of the owner or lessee of the property from which the water is to be taken, stating the location of such property by street and number and the location by street and number of the property to be supplied with water and stating the purpose for which the water is to be used. Upon receipt of a proper permit from the owner or lessee of the property from which the water is to be taken, the Director may issue a temporary permit allowing water to be supplied to other persons or property.
(Code 1962, § 38-38; Ord. No. G-1059, § 1)
Sec. 37-27. Waste of water; failure of customer to make repairs to pipes, valves and fixtures.
(a) Owners of property served by City water are responsible for all leaks, or damages on account of leaks, from the service pipes leading from the customer's side of the meter to the premises served.
(b) Every customer shall at all times maintain in good repair their water pipes, faucets, valves, sprinklers, plumbing fixtures or any other water appliances, to prevent waste of water.
(c) Where any customer neglects to make such necessary repairs, the water may be shut off by the Water Services Department and shall not be turned on again until such repairs have been made to the satisfaction of the Department and a service activation fee paid by the customer to the Department.
(d) Customers are responsible for all water consumption by leaks or damages on account of leaks from the service pipes leading from the meter to the premises served.
(E) No customer may cause water to flow, discharge or run from any premises, residence or place of business, upon any street, gutter way, sidewalk, alley or public place within the City except upon written authorization from the City. No customer or person may construct or maintain any channel, ditch, flume, or conduit, by means of which water may be discharged into or upon any street, gutter, way, sidewalk, alley or public place, from such premises, residence or place of business except upon written authorization from the City.
(F) In addition to any other remedy available to the City under this chapter, a violation of any provision of this section is subject to a civil sanction in the amount of one hundred dollars for each violation.
(Code 1962, §§ 38-43, 38-88; Ord. No. G-1059, § 1; Ord. No. G-2474, § 1; Ord. No. G-5199, § 1, adopted 7-2-2008, eff. 8-1-2008)
Sec. 37-28. Rules and regulations; authority of Director.
The Water and Wastewater Director shall have the right, subject to the approval of the City Manager, to make rules and regulations with reference to the use of water supplied to a customer.
(Code 1962, § 38-27; Ord. No. G-1059, § 1; Ord. No. G-3232, § 1)
Sec. 37-29. Rules and regulations to apply outside City; exception.
All rules and regulations referring to the management of the Water and Sewers Department effective inside the City shall equally apply outside the City limits except for deposits, water rates and charges.
(Code 1962, § 38-46; Ord. No. G-1059, § 1)
ARTICLE II.
MAIN EXTENSIONS AND CONSTRUCTION*------------
Cross references: Subdivisions, ch. 32.
------------
Sec. 37-30. Main extensions– Connections with distribution system.
Persons desiring to connect water main extensions to the existing distribution system shall make application to the Water and Sewers Department in writing and shall pay established fees and charges.
(Code 1962, § 38-31; Ord. No. G-1059, § 1)
Sec. 37-31. Extensions– Construction; ownership and maintenance.
The extension of all water mains and service connections shall be constructed in strict accordance with plans and specifications to be approved by the Water and Sewers Department. All extensions and service connections shall be and remain the property of the Water and Sewers Department after acceptance by the City. Main extensions and service connections shall be maintained by the Department up to and including the consumer's meter and shall be operated by the Department, as part of the distribution system. The Department shall exercise complete control over such extensions and upon completion the person responsible for the construction of the extension shall relinquish all right to or interest in the ownership of the extensions.
(Ord. No. G-1059, § 1)
Sec. 37-32. Extensions– Policy of City– Generally.
The water main extension policy of the City for City water mains and the policy to be followed in connection therewith shall be, and the same is hereby declared to be as follows:
(a) Developers must pay all costs for constructing mains of such sizes as to afford adequate service during peak demands.
(b) The minimum water requirements will be three gallons per minute per service with a minimum residual pressure of forty pounds per square inch at the meter.
(c) The Development Services Director will determine for the developer the required size and layout of public water mains that will meet both domestic water needs and fire flow requirements as required by section 37-33 of this Code.
(d) The Division of Engineering of the Water and Wastewater Department will not perform field engineering nor submit detailed plans and specifications for any developer. This work is to be performed by a civil engineer registered in the State and employed by the developer. Before construction begins, final detailed plans and specifications for the water main extensions in the development must be approved by the Development Services Department. The cost of staking the location of the new water mains and the cost of inspecting the construction shall be assumed by the developer. The City will perform the inspection during construction.
(e) Where booster pumps are necessary to maintain adequate pressures in the mains due to the development being near or above the hydraulic gradient of the distribution system of the City service area, the developer shall construct at his own expense the necessary booster pumping station and storage facilities to City specifications. The City will assume ownership, maintenance and operation of such booster pump installation upon its completion and acceptance by the City.
(Code 1962, § 38-31.1; Ord. No. G-1059, § 1; Ord. No. G-1149, § 1; Ord. No. G-2021, § 2; Ord. No. G-3313, § 1)
Sec. 37-33. Extensions in subdivisions, single lot, and sublot developments and all other developments.
(a) In all new subdivisions and single lot developments, and all other developments, other than a single residence on a single lot, where the City is to provide water service, the developer shall furnish and install in accordance with plans approved by the Development Services Director all water mains, service connections, valves, fittings and appurtenances within the boundary of the development as well as the streets bounding the entire development. Review fees shall be paid as set forth in appendix A.2 of the City Code. In addition, the developer shall furnish and install all off-site water mains as necessary to complete a looped connection to existing City mains as determined by the Development Services Department. All water lines are to be constructed to conform with the City's water distribution master grid system, and are to be constructed as a general area improvement whether they do, or do not, directly service the property being developed. For developments principally residential in character, the City's water distribution master grid system requires that twelve-inch-diameter lines be provided on section line streets or grid arterials, either eight-inch lines on mid-section line streets or mid-grid feeders, and six-inch lines on all other streets. Four-inch lines shall be allowed in short residential cul-de-sac streets where the number of services shall not exceed ten, and the maximum length of such four-inch water mains shall not exceed four hundred feet. For developments other than those principally residential in character, the minimum size of the mains installed by the developer shall be six inches, or larger, consistent with the needs of the development, including fire flow requirements. For all developments, fire hydrants, valves, pipe, and fittings required for the hydrant installation shall also be installed by the developer in accordance with plans approved by the Development Services Director. Review fees shall be paid as set forth in appendix A.2 of the City Code. The maximum spacing of fire hydrants along public water mains shall be approximately five hundred feet in single-family residential developments and approximately three hundred feet in all others. Fire hydrant locations within the bounds of any development shall be such that fire hose lengths will not be more than three hundred fifty feet to reach any potential fire in the tract.
(b) Existing lines larger than twelve inches in diameter are considered part of the transmission system, and are not part of the water distribution master grid system. Developers may be required to construct distribution mains of the required size in parallel to such existing transmission system mains. Where existing distribution system mains within a development, or the streets bounding a development, are smaller in size than that required by this Code, or are otherwise inadequate, the developer may be required to replace or parallel such mains with those of the required size.
(c) Where no water main is existing along the frontage of a single, existing, residential lot zoned for single-family use (R1-6 through Re-43), and the developer of the single lot requests water service, sufficient length of main shall be constructed by the developer to extend the new main from an existing water main to the point of the requested service connection plus an additional ten feet. If the Water and Sewers Director determines after a review of the size, length, and location of the line, that an approach main repayment agreement is practical, and the applicant desires to enter into such an agreement, the new water main shall be constructed to and across the entire lot frontage.
(d) The service connections installed by a developer's contractor shall be guaranteed against any and all defects by the developer for a period of two years after acceptance of the installations by the Water and Sewers Department.
(e) No one except authorized City personnel shall be permitted to install, remove, or reinstall water meters. Any developer whose contractor, plumber (or others) removes, changes, or relocates water meters shall be charged the cost to the City for restoring meters to their authorized and designated locations of records. Such costs together with any cost incurred by the City for repairing defective service connections installed by developer's contractors shall be due and payable within sixty days of billing for said charges by the City.
(f) After acceptance by the City of the water mains and service connections, the developer or his agent may make application to the Water and Sewers Department for the installation of one or more meters to be installed on the new service connections to measure construction water used. The developer will be held responsible for all water used from the date the meter is set until there is a change of ownership.
(Ord. No. G-930; Ord. No. G-1059, § 1; Ord. No. G-1149, § 1; Ord. No. G-2021, § 3; Ord. No. G-2192, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 7)
Sec. 37-33.01. Fire hydrants inside City in areas served by private water companies.
In new development such as subdivisions, shopping centers, industrial tracts or similar developments which are located in service areas of privately owned water companies inside the City, the developer shall furnish and install fire hydrants in accordance with City specifications and standards at locations designated by the Development Services Department. The installation of hydrants, including the necessary valves and appurtenances, shall be at the expense of the developer and upon completion be dedicated to the City of Phoenix.
Fee Effective Mar. 1, 2005 Effective Jan 1, 2006 Effective Jan 1, 2007 Effective Jan 1, 2008 Repayment $450.00 $636.00 $821.00 $1,007.00 (Code 1962, § 38-31.3; Ord. No. G-1059, § 1; Ord. No. G-1149, § 1; Ord. No. G-2192, § 1; Ord. No. G-3313, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1a, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-36. Approach mains– Bids for construction; repayment agreements.
(a) Sealed bids shall be submitted for the construction of the "approach main" direct to the Water and Sewers Department in writing by bidding contractors. These bids shall be opened in the office of the Water and Sewers Department on a predetermined date agreeable to the developer and the Water and Sewers Department. The City and the developer each reserves the right to reject any or all bids. The construction cost of the "approach main" shall be determined prior to the commencement of construction, and shall be approved by the Water and Sewers Director.
(b) Upon its completion, the aforesaid "approach main" shall become and be property of the City.
(c) The City shall have exclusive control of connections to the proposed "approach main."
(d) Should others in the service area desire to join with the developer in constructing the proposed "approach main," this agreement will be considered as including such others.
(e) The City, in consideration of the foregoing, agrees:
(1) To permit the developer to connect onto the existing City water system along, with the "approach main" to be constructed by the developer as above provided.
(2) In the event that any subsequent developer desires to connect onto and obtain service from the "approach main," the City agrees to enter into an agreement with such subsequent developers desirous of obtaining a connection to the "approach main." Such an agreement will establish a just, equitable and reasonable charge to permit such connections. The connection charge will be made on the cost per frontage foot basis, using the heretofore determined "approach main" construction cost and the extent to which the new development abuts the "approach main."
(3) The amount of the connection charge will be paid to the City, which agrees to repay such amount to the original developer. The total of such repayments shall not exceed the agreed construction cost of the "approach main," and the entire repayment contract will terminate in ten years or when the total amount provided for is repaid, whichever is sooner.
(Code 1962, § 38-31.4; Ord. No. G-1059, § 1; Ord. No. G-1149, § 1; Ord. No. G-2192, § 1)
Sec. 37-37. Extensions– Engineering costs; inspection of construction.
(a) The costs for the preparation of construction plans for the proposed water mains as well as the cost of staking the location of the water mains, the cost of inspecting the construction, the cost of acquiring rights-of-way and easements, and preparation of as-built plans, shall be part of the construction cost assumed by the developer in accordance with plans approved by the Development Services Director. Review fees shall be paid as set forth in appendix A.2 of the City Code.
(b) The Water and Wastewater Department will not perform field engineering or submit detailed plans and specifications for the developer. This latter work is to be performed by a civil engineer registered in the State of Arizona employed by the developer. The final detailed plan and specification for the "approach main" extension must be approved by the Development Services Department and the Water and Wastewater Director before construction begins. The engineering cost for preparation of plans and staking of the "approach main" only, incurred by the developer may be included in the agreed construction cost as provided in section 37-35. The engineering costs will be agreed upon by the City and developer for determination of total construction cost prior to completion of the repayment agreement.
(c) The Development Services Department will collect a fee as set forth in appendix A.2 of the City Code. Upon request of the applicant, the Development Services Department shall prepare a preliminary water design for the proposed service area/project. The fee for this service shall be as set forth in appendix A.2 of the City Code.
(Code 1962, § 38-31.5; Ord. No. G-1059, § 1; Ord. No. G-1148, § 1; Ord. No. G-1149, § 1; Ord. No. G-2192, § 1; Ord. No. G-2359, § 2; Ord. No. G-3019, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 7)
Sec. 37-38. Extensions– Inapplicability of provisions to existing agreements; no interest to be paid.
This policy is not retroactive to existing agreements signed under previous policies. No interest will be applicable on the agreed "approach main" construction cost.
(Code 1962, § 38-31.6; Ord. No. G-1059, § 1; Ord. No. G-1149, § 1)
ARTICLE III.
SERVICE CONNECTIONSSec. 37-39. Connection to water mains required.
Where property is located upon a street in which a water main is laid, such property shall be connected with the water system. These services shall extend at right angles from the main to the curblines and shall be installed in accordance with City Standard Detail.
The number, location, manner of construction and size of all service connections shall be subject to the approval of the Director.
(Ord. No. G-1059, § 1)
Sec. 37-40. Buildings to have separate service connections; exceptions.
(a) Every separate building supplied with City water must have its own separate service connection with the City mains, except two or more buildings located on the same lot or on contiguous lots under a single ownership, or property that is known as a court, apartment house, trailer court or other similar developments covering more than one lot may be, upon written permission granted by the Director, supplied through a single metered connection with the City main as long as single ownership continues. Upon change from such single ownership, a new and separate connection shall be immediately made for the building or premises having the indirect connection.
(b) In case there is no water main on any street on which such premises abut, and the consumer first in order of service from the main guarantees in writing the payment of water charges for all parcels of property so served, the Director may permit such connection to be installed or remain until a water main is laid in such abutting street.
The officers of the Water and Sewers Department shall give thirty days' notice in writing to all consumers served through such service before enforcing this section by cutting off water.
(c) The Water and Sewers Department shall have the right to install a single service pipe of sufficient size from the main to the back of curb to supply not more than three separate properties connecting to branches in the parkway leading to the left and right, respectively.
(Code 1962, § 38-35; Ord. No. G-930; Ord. No. G-1059, § 1)
Sec. 37-41. Unauthorized connection with water mains.
No person shall connect any pipe, tube or other instrument with any main service pipe, conduit or flume for conducting water belonging to the City, for the purpose of taking water from such without a permit from the proper authorities of the City. Violators shall be guilty of a misdemeanor.
(Code 1962, § 38-42; Ord. No. G-1059, § 1)
Sec. 37-42. Application for service generally; information required.
(a) Each person making application for a service connection shall present a valid plumbing permit issued by the City Building Official, or his authorized representative, to the Water and Sewers Department as a prerequisite for the approval of the requested service connection.
(b) The applicant shall state the following in his application: his name; a description of the lot, block and addition; the desired location where the City main is to be tapped; the desired size of the tap to be made; the official house number assigned to the premises as shown by the records in the office of the Water and Sewers Department; and the purpose for which the water is to be used.
(c) The Department, as a condition to granting such application and furnishing water to such premises is authorized to and shall require payment for the installation of service connections and/or meters.
(Code 1962, § 38-5; Ord. No. G-930; Ord. No. G-1059, § 1)
Sec. 37-43. Services and materials to be property of Water and Sewers Department; consumers to pay for damages.
All service and water meters and all materials supplied by the Water and Sewers Department in the installation or repair of any meter and all materials supplied in the installation of any service connection with the City mains shall remain at all times the property of the Water and Sewers Department and shall be maintained, repaired and renewed by the Water and Sewers Department when rendered unserviceable through normal use. Where replacements, repairs to pipes, meters or other materials are rendered necessary by the act, negligence or carelessness of the consumer or any member of his family or person in his employ, any expenses caused to the Water and Sewers Department for such repair shall be charged against and collected from the consumer. The Water and Sewers Department may refuse to furnish water through the service until the account is paid in full.
(Code 1962, § 38-6; Ord. No. G-1059, § 1)
Sec. 37-44. Service connections on existing mains.
Where all or part of a new subdivision is served by existing City water mains, only authorized personnel of the City Water and Sewers Department shall make taps for service connections.
(Ord. No. G-1059, § 1)
Sec. 37-45. Developer to install service connections on new mains in new subdivisions.
In all new subdivisions or other developments where there are no existing City water mains, developers are required to have their contractors install all three-quarter- and/or one-inch service connections simultaneously with the installation of the subdivision's water mains. Services one and one-half inches and/or two inches in size may also be installed by the developer's contractor if so approved by the Water and Sewers Director. Services larger than two-inch shall be installed by City forces. The concrete vaults required for services three inches and larger in size shall be constructed by the developer or his contractor in accordance with applicable City of Phoenix Standards Specifications and Details. In all new subdivisions or other developments where the developer's contractors install the service connections, application must be made to the City Water and Sewers Department, as otherwise provided in this Code, for installation of water meters.
(Code 1962, § 38-4; Ord. No. G-930; Ord. No. G-1059, § 1; Ord. No. G-1944, § 2; Ord. No. G-2279, § 1)
Sec. 37-46. Connection of existing services to new main.
Where a new main has been laid in any street, the owners of premises on such street who are being supplied through temporary services, and have paid the regular service installation charge, shall be connected to the new main by the Water and Sewers Department without further charge.
(Code 1962, § 38-73; Ord. No. G-1059, § 1)
Sec. 37-47. Changes to existing service connection.
When new buildings are to be erected on the site of old ones and it is desired to increase the size of or to change the location of the old service connection or where a service connection to any premises is abandoned or no longer used, the Department may immediately reclaim and disconnect such connection at the main, after which, should a service connection be required to such premises, a new service shall be placed only upon the owner making application and paying for a new service in the regular manner.
(Code 1962, § 38-32; Ord. No. G-1059, § 1)
Sec. 37-48. Service pipes– Location.
(a) Permits for connections will not be granted or may be revoked when the service pipe passes over or through premises which at the time are, or may become, the property of persons other than the owner of the premises to be supplied from such connections.
(b) No water service pipe will be permitted to be laid in a sewer trench or within six feet of such trench.
(Code 1962, § 38-33; Ord. No. G-1059, § 1)
Sec. 37-49. Service pipes– Excavations under sidewalk; installation.
(a) Where basement areas have been excavated beneath sidewalks, water service pipes shall be laid by the City only to the inside of the area wall and the owner shall be required to construct, from plans approved by the Director, a suitable meter pit and sidewalk opening with cover in order to locate the meter abutting the sidewalk side of the curbline in regular position.
(b) The installation of water service pipes extending from the main to the meter abutting the sidewalk side of the curbline, together with the necessary labor and materials for such construction, shall be made by the Water and Sewers Department.
(Code 1962, § 38-34; Ord. No. G-1059, § 1)
Sec. 37-50. Special connections for fire prevention service; installation and fees; use.
(a) Any person desiring to install a separate fire prevention service line, building standpipe and hose or sprinkler system, where such service line or systems will not be connected to or supplied water through a regular water service meter, shall file an application with the Development Services Department for a fire line tap and standby fire prevention service. Such special fire prevention systems shall be installed in accordance with Development Services Department requirements, and review fees shall be paid as set forth in appendix A.2 of the City Code.
(b) Where, in the opinion of the Water and Wastewater Director, a potential cross connection or backpressure can occur, a double checkvalve backflow prevention assembly shall be installed on the first prevention service line ahead of the first point of water use.
(c) Whenever a detector checkvalve and bypass meter is required all materials and equipment shall be furnished and installed by the applicant. The bypass meter shall be tested and sealed by the Meter Testing Section of the Water and Sewers Department prior to its installation. The detector checkvalve and meter shall be enclosed in a vault acceptable to the Director. Should the detector meter on a fire prevention service line show consumption without a fire having occurred and without prior notice to the Water and Sewers Director, a charge for water used and other costs as established by the Director, subject to the approval of the City Manager, will be invoked during the month when illegal consumption is indicated, and the fire line service shall be cut off unless such charge is paid, except in matters of an emergency nature.
(d) Every outlet valve on a non-metered sprinkler system shall be sealed. Seals may be removed for authorized purposes only, such as testing of the system. The owner or tenant may test the fire prevention apparatus at any time by notifying the Water and Sewers Accounting Division that such a test is desired. A mutually agreeable time shall be set for the test to be made. All outlet valves shall be sealed immediately after completion of any test on a non-metered system. A charge shall be established and imposed in case any sealed valve is opened without prior notification of the Water and Sewers Department, and the water shall be turned off and remain off until such charge is paid. In addition, a detector checkvalve and bypass meter may be installed by the Water and Sewers Department and the cost thereof charged to the owner.
(e) In no case shall any tap be made upon any pipe or tank used for fire purposes, nor shall the use of any water be permitted through any fire service, nor through any pipes, tank or fixtures for any purpose other than the extinguishing of fire on the premises.
(f) The premises upon which any such fire protection service is installed shall be open to the inspection of any authorized representative of the Water and Sewers Department at all times and the owner or tenant shall give such representative all reasonable facilities for making the inspection and any information he may require.
(g) An inside City and outside City charge shall be established for standby fire prevention service provided by the City.
(Ord. No. G-1059, § 1; Ord. No. G-3346, § 7)
Sec. 37-51. Service connection fees.
The fee to be charged and collected in advance by the Water and Sewers Department for laying and constructing service connections from three-fourth inches to six inches in diameter shall be the current fee for such work as publicized and established by the Director, subject to the approval of the City Manager.
(Code 1962, § 38-69; Ord. No. G-1059, § 1)
Sec. 37-52. Installation of special services.
In all cases where an installation, special service, or work is required for any purpose not covered by other provisions of this chapter, such special service, installation, or work shall be performed by the Water and Sewers Department at the expense of the applicant, at a cost of the time and material required, including excavation and repairing, plus overhead.
(Code 1962, § 38-78; Ord. No. G-1059, § 1)
ARTICLE IV.
METERSSec. 37-53. Services to be metered.
(a) Whenever a service shall be installed, connecting any property or water using equipment with the water supply system of the City, the water will be supplied to such property or equipment through meter only, except as provided in section 37-50(d), for sprinkler type fire prevention systems.
(b) A separate water meter is required for new services established after January 1, 1990:
(1) Landscaped watering (irrigation), as defined in section 37-1(i) [37-1], of all landscaped areas greater than ten thousand square feet.
(2) All water features, as defined in section 37-111, having a maximum daily consumptive use of one thousand gallons per day.
(Code 1962, § 38-87; Ord. No. G-1059, § 1; Ord. No. G-3232, § 1)
Sec. 37-54. Location of meters.
All meters of the Water and Sewers Department shall be located on the sidewalk side of the curbline in accordance with standard construction details as approved by the Director.
(Code 1962, § 38-75; Ord. No. G-1059, § 1)
Sec. 37-55. Resetting of meters inside buildings.
Where meters have been set inside of buildings, such meters shall be reset abutting the sidewalk side of the curbline. All work and expense involved between the main and new meter location, in resetting a meter, shall be borne by the Water and Sewers Department. The customer shall relay his service pipes to conform to the new meter setting at his own expense.
(Code 1962, § 38-76; Ord. No. G-1059, § 1)
Sec. 37-56. Cost of changing size of meter or service.
In case a larger or smaller meter or service is applied for other than the one already in service, the applicant shall pay for the installation of the new service in accordance with the schedule of charges as established by the Director, subject to the approval of the City Manager. The original tap shall be killed and the applicant given a refund for the old meter removed by the Department, in accordance with a refund schedule approved by the Director.
(Code 1962, § 38-79; Ord. No. G-1059, § 1)
Sec. 37-57. Removal of meters.
Meters when installed on any property shall only be removed by an authorized employee of the Water and Sewers Department or upon order of the Director. For the violation of this provision the water shall be turned off and a charge equal to the costs incurred by the City for restoring the meter to its authorized and designated location must be paid before the water is again turned on. In case the meter has been removed by a plumber, his plumber's license may be revoked and not again reissued until the charge has been paid.
(Code 1962, § 38-83; Ord. No. G-1059, § 1)
Sec. 37-58. Replacement of meters.
The Water and Sewers Department may replace any meter at such time as it may see fit and shall be the judge of the size and type of any water meter installed. In the event there is an excessive rate of flow through an installed meter the City may require the owner, at his expense, to install a meter of adequate size.
(Code 1962, § 38-81; Ord. No. G-1059, § 1)
Sec. 37-59. Maintenance and repair; consumer to pay for damages.
The Water and Sewers Department shall maintain and repair all meters when rendered unserviceable through normal use and shall renew them if necessary. Where replacements, repairs, or adjustments of any meter are tendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises, and this shall include all damage to meters due to hot water, breaking meter seals, tampering with working parts of meter, etc., any expense caused to the Water and Sewers Department thereby shall be charged against and collected from the owner of the premises, or person supplied. The Department may refuse to furnish water through the service until all charges are paid in full.
(Code 1962, § 38-83; Ord. No. G-1059, § 1)
Sec. 37-60. Testing meter accuracy.
(a) When any consumer makes a complaint that the bill for any past time has been excessive, the Water and Sewers Department will, upon written request, have such meter re-read and the service inspected for leaks.
(b) Any consumer may have the accuracy of the meter, through which water is being furnished to his premises, examined and tested by the Water and Sewers Department, by making a request therefor, and payment of the established fee for such work. Upon receipt of such request, the Water and Sewers Department will examine and test such meter, and if found to register more than two percent in excess of the actual quantity of water passing through it, such meter shall be removed and another meter installed in lieu thereof, the consumer's water bill for the current period adjusted in such manner as the Director may deem fair and just; and no fee will be charged the consumer for testing the meter; otherwise the test fee shall be paid to and retained by, and be a part of the funds and revenue of, the Water and Sewers Department. The consumer shall have the privilege, if he requests, to be present when such test is made and to verify the accuracy of such test.
(Code 1962, § 38-80; Ord. No. G-1059, § 1)
ARTICLE V.
DEPOSITS, RATES, BILLING PROCEDURES AND MISCELLANEOUS CHARGESSec. 37-61. Financial responsibility deposits.
(a) Customers must post a deposit with the City if a good payment record is not established or maintained. For purposes of this Section criteria defining what constitutes a good payment record is identified in the Water Services Deposit Policy. A copy of this policy is on file with the Water Services Department. In such event the deposit will be an amount equal to the average billing invoices for the previous twelve months. In the event the customer fails to post the required deposit, water service will not be initiated or will be discontinued.
(b) Customer accounts that do not have a billing record sufficient to calculate a deposit as provided in Paragraph A shall be determined by using an average twelve month billing for similar residential or commercial accounts.
(c) All deposits shall be non-interest-bearing. The deposit shall be applied to the account within the next billing cycle after a customer has maintained a good payment record for 12 consecutive months.
(d) If an account is closed at the customer's request, within 60 days thereafter, the deposit, less any amounts due and owing, will be returned to the customer.
(Code 1962, § 38-63; Ord. No. G-905, § 1; Ord. No. G-1059, § 1; Ord. No. G-2236, § 1; Ord. No. G-2474, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-1999; Ord. No. G-4668, § 1b, adopted 1-5-2005, eff. 2-4-2005; Ord. No. G-5159, § 1a, adopted 5-14-2008, eff. 12-1-2008)
Editor's note: Section 2 of Ord. No. G-5159, provides for an effective date of December 1, 2008 for this section.
Sec. 37-62. Reserved.
Size of Meter Service Charge 5/8" × 3/4" $4.64 3/4" 4.73 1" 5.21 1 1/2" 7.85 2" 9.00 3" 29.81 4" 37.09 6" 44.38 (2) Monthly service charges include the following amounts of water:
Monthly Cubic Feet October through May 600 June through September 1,000 (b) Rates within the City of Phoenix and Town of Paradise Valley. Customer shall be billed each month according to the following rate schedule (plus applicable taxes):
Quantity Charge to be Added to Service Charge Per 100 Cubic Feet 0– 600 Cubic Feet Over 600 Cubic Feet Seasons Raw Water Other Total Winter Months (December, January, February, March) $0.00 $0.20 $1.79 $1.99 Spring & Fall Months (April, May, October, November) 0.00 0.20 2.24 2.44 Quantity Charge to be Added to Service Charge per 100 Cubic Feet 0– 1,000 Cubic Feet Over 1,000 Cubic Feet Seasons Raw Water Other Total Summer Months (June, July, August, September) $0.00 $0.20 $2.96 $3.16 (Code 1962, § 38-47-51; Ord. No. G-733, § 1; Ord. No. G-808, § 1; Ord. No. G-1059, § 1; Ord. No. G-1281, § 1; Ord. No. G-1462, § 1; Ord. No. G-1576, § 1; Ord. No. G-1700, § 2; Ord. No. G-1819, § 1; Ord. No. G-1888, § 1; Ord. No. G-2154, § 1; Ord. No. G-2250, § 1; Ord. No. G-2360, § 1; Ord. No. G-2419, § 1; Ord. No. G-2480, § 1; Ord. No. G-2569, § 1; Ord. No. G-2586, §§ 1, 2; Ord. No. G-2710, § 1; Ord. No. G-2854, § 1; Ord. No. G-2973, § 1; Ord. No. G-3028, § 1; Ord. No. G-3029, § 1; Ord. No. G-3088, § 1; Ord. No. G-3240, § 1; Ord. No. G-3321, § 1; Ord. No. G-3519, § 1; Ord. No. G-3749, § 1; Ord. No. G-3848, § 1; Ord. No. G-3898, § 1; Ord. No. G-3978, § 1, passed 1-8-1997, eff. 3-1-1997; Ord. No. G-4070, § 1, passed 1-21-1998, eff. 3-3-1998; Ord. No. G-4153, § 1, passed 1-20-1999, eff. 3-4-1999; Ord. No. G-4246, § 1, passed 3-1-2000, eff. 4-1-2000; Ord. No. G-4330, § 1, passed 2-14-2001, eff. 4-1-2001; Ord. No. G-4406, § 1, passed 1-30-2002, eff. 3-4-2002; Ord. No. G-4489, § 1a, passed 1-29-2003, eff. 3-3-2003; Ord. No. G-4572, § 1a., passed 1-21-2004, eff. 3-3-2004; Ord. No. G-4673, § 1a, adopted 1-19-2005, eff. 2-18-2005; Ord. No. G-4767, § 1b, adopted 12-21-2005, eff. 3-2-2006; Ord. No. G-4851, § 1, adopted 12-20-2006, eff. 3-2-2007; Ord. No. G-5080, § 1, adopted 1-30-2008, eff. 3-3-2008; Ord. No. G-5301, § 1a, adopted 1-21-2009, eff. 3-3-2009)
Note: Pursuant to § 3 of Ord. No. G-5301, the rates in subsection (b) above shall be effective and enforceable March 3, 2009.
Sec. 37-63.1. Non-potable and untreated Central Arizona Project water rates within the City of Phoenix and Town of Paradise Valley.
(a) For each metered service connection within City of Phoenix and Town of Paradise [Valley], the City shall charge users of non-potable water or untreated Central Arizona Project water supplied through City facilities for landscape irrigation uses at turf-related facilities or for filling or refilling a body of water, the monthly charges and rates calculated as follows:
(i) The monthly service charge for each metered service connection shall be one hundred percent of the monthly service charge for an equivalent size meter as set forth in Section 37-63(a); and
(ii) For users of non-potable water the monthly consumption rate shall be at a rate that is eighty percent of the rates set forth in section 37-63(b);
(iii) For users of untreated Central Arizona Project water the monthly consumption rate shall be at a rate that is forty percent of the rates set forth in Section 37-63(b);
(iv) For users of mixed non-potable water and untreated Central Arizona Project water, the monthly consumption rate shall be prorated based on the relative percentage of non-potable water and untreated Central Arizona Project water using the rates set forth in Subsections (ii) and (iii) above.
(b) All rates and charges stated above shall be in addition to the water services delivery tax charges in Section 37-65.
(Ord. No. G-3794, § 1)
Sec. 37-64. Water rates– Outside the City of Phoenix.
(a) The City of Phoenix shall charge an amount equal to one and one-half times the monthly service charge for the same size of meter as set forth in Section 37-63(a)(1) and (2) for each metered service connection outside the City of Phoenix, except for metered service connections located within the Town of Paradise Valley which shall be charged the charges and rates set forth in Section 37-63.
(b) The City of Phoenix shall charge an amount equal to one and one-half times the total quantity charge per one hundred cubic feet as set forth in Section 37-63(b) for each metered service connection outside the City of Phoenix, except for metered service connections located within the Town of Paradise Valley which shall be charged the charges and rates set forth in Section 37-63.
(Code 1962, § 38-53; Ord. No. G-733, § 1; Ord. No. G-808, § 1; Ord. No. G-1059, § 1; Ord. No. G-1281, § 1; Ord. No. G-1368, § 1; Ord. No. G-1462, § 1; Ord. No. G-1756, § 1; Ord. No. G-1700, §§ 1, 2; Ord. No. G-1819, § 1; Ord. No. G-1888, § 1; Ord. No. G-2154, § 1; Ord. No. G-2250, § 1; Ord. No. G-2360, § 1; Ord. No. G-2480, § 1; Ord. No. G-2568, § 3; Ord. No. G-2710, § 1; Ord. No. G-2854, § 1; Ord. No. G-2903, § 1; Ord. No. G-2911, § 1; Ord. No. G-2912, § 1; Ord. No. G-2928, § 1; Ord. No. G-2973, § 1; Ord. No. G-3028, § 1; Ord. No. G-3088, § 1; Ord. No. G-3240, § 1; Ord. No. G-3321, § 1; Ord. No. G-3519, § 1; Ord. No. G-3749, § 1; Ord. No. G-3848, § 1; Ord. No. G-3898, § 1)
Sec. 37-64.1. Non-potable and untreated Central Arizona Project water rates outside the City of Phoenix.
(a) For each metered service connection outside the City, except for metered service connections located within the Town of Paradise Valley which shall be charged the charges and rates set forth in 37-63.1, the City shall charge users of non-potable water or untreated Central Arizona Project water supplied through City facilities for landscape irrigation uses at turf-related facilities or for filling or refilling a body of water, the monthly charges and rates calculated as follows:
(i) The monthly service charge for each metered service connection shall be one hundred percent of the monthly service charge for an equivalent size meter as rates set forth in Section 37-64(a) of this chapter; and
(ii) For users of non-potable water the monthly consumption rate shall be at a rate that is eighty percent of the rates set forth in Section 37-64(b).
(iii) For users of untreated Central Arizona Project water the monthly consumption rate shall be at a rate that is forty percent of the rates set forth in Section 37-64(b).
(iv) For users of mixed non-potable water and untreated Central Arizona Project water the monthly consumption rate shall be prorated based on the relative percentage of non-potable water and untreated Central Arizona Project water using the rates set forth in Subsection (ii) and (iii) above.
(b) All rates and charges stated above shall be in addition to the water services delivery tax charges in Section 37-65.
Meter Size Monthly Charge 5/8" or 3/4" $2.00 1" 5.00 1.5" 10.00 2" 16.00 3" 30.00 4" 50.00 6" and larger 100.00 (b) In addition to the excise tax imposed in subsection (a) there is hereby added to water service accounts within the City of Phoenix an excise tax for the purpose of raising general revenues to defray City costs and expenses, including, but not limited to, costs of the City's stormwater management program, to be computed and levied as follows:
(1) All single-family residential accounts: Twenty cents per month.
(2) All other water accounts based on water meter size as follows:
Meter Size Monthly Charge 5/8" or 3/4" $0.20 1" 0.51 1.5" 1.00 2" 1.60 3" 3.00 4" 5.00 6" and larger 10.00 (Ord. No. G-3337, § 1; Ord. No. G-3651, § 1; Ord. No. G-4029, § 1, passed 6-25-1997, eff. 8-1-1997; Ord. No. G-5219, § 1, adopted 7-2-2008, eff. 8-1-2008)
Sec. 37-66. Reserved.
Editor's note: Section 37-66 was repealed; see Ord. No. G-1462, § 1.
Sec. 37-67. Reserved.
Editor's note: Section 37-67 was repealed; see Ord. No. G-2480, § 2.
Sec. 37-68. City government; fire hydrant charge.
(a) The Water and Wastewater Department shall be paid for water furnished to other City departments for City purposes from funds budgeted for that purpose, at the rate set forth in section 37-63. All City services shall be metered. The meters and services shall be maintained by the Water and Wastewater Department and the plumbing shall be maintained by the respective departments.
(b) In addition, the Fire Department shall pay the Water and Wastewater Department one dollar per year per fire hydrant installed on the water system for the number of fire hydrants in service as of June 30 of each year.
(Code 1962, § 38-59; Ord. No. G-733, § 1; Ord. No. G-1059, § 1; Ord. No. G-1576, § 1; Ord. No. G-1700, § 2; Ord. No. G-3519, § 1)
Sec. 37-69. Charges to service applicant or customer.
All rates for water supplied to property connected with the City mains shall be charged to the service applicant or customer to whom the water was so supplied. All charges for meters supplied, installed or repaired by the Water and Wastewater Department, all charges on account of labor furnished or materials supplied in the installation of any service connection with the City mains, or for tapping the City mains, all charges for turning water on or off, and all fines and penalties assessed or imposed in the provisions of this chapter or the rules of the Water and Sewers Department, shall be charged to the service applicant or customer for which the service was rendered or the fine or penalty imposed.
(Code 1962, § 38-60; Ord. No. G-1059, § 1; Ord. No. G-2933, § 1)
Sec. 37-70. Drinking fountains, toilets and other fixtures.
Wherever any watering troughs, drinking fountains, toilets, urinals or other fixtures are placed for the benefit of the public by private parties, such fixtures shall be supplied through meter only and water shall be charged for at regular meter rates.
(Code 1962, § 38-61; Ord. No. G-1059, § 1)
Sec. 37-71. Charges when meter fails to register correctly or unable to be read.
If the meter fails to register correctly, the charge to the consumer shall be estimated. The Director has the authority to develop an estimating procedure in accordance with the best available historical consumption data. The estimation procedure shall be kept on file in the Director's office.
Water meter readings may be estimated whenever construction conditions, obstructions, inclement weather or emergency situations prevent completion of the regular meter reading cycle.
(Code 1962, § 38-82; Ord. No. G-1059, § 1; Ord. No. G-1356, § 1; Ord. No. G-2474, § 1)
Sec. 37-72. Charges for use of more than one meter.
Where premises are supplied through more than one meter, the minimum charge, and charge for water used, shall be computed separately for each individual meter.
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Installation $89.00 $104.00 $118.00 $132.00 Removal 86.00 101.00 117.00 132.00 Relocation* 78.00 96.00 114.00 132.00 * Plus applicable tax.
(c) One hundred dollars for failure to return fire hydrant key (plus applicable tax).
(d) The customer will be charged for the cost of repairing the hydrant meter or connection, if damaged.
(e) The customer is responsible for meter and connections while permit is in force. In the event the meter is not returned, the customer will be charged five hundred dollars replacement cost.
(f) The customer will be required to post an additional deposit when the charges exceed the amount of the deposit.
(g) If the total charges are less than the original deposit, the balance remaining will be refunded.
(h) Monthly service charged and water consumption rates (plus applicable taxes) will be as follows:
Monthly service charge: Fifty dollars.
Plus quantity charge per 100 cu. ft. equal to the total quantity charge set forth in Section 37-63(b) for the Spring and Fall months (April, May, October, November)
A fee of three hundred thirty-six dollars shall be charged to the contractor for a fire flow test.
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Fire Flow Test $174.00 $228.00 $282.00 $336.00 (Ord. No. G-1059, § 1; Ord. No. G-1281, § 1; Ord. No. G-1462, § 1; Ord. No. G-1576, § 1; Ord. No. G-1700, § 1; Ord. No. G-1958, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-3519, § 1; Ord. No. G-3749, § 1; Ord. No. G-3898, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-1999; Ord. No. G-4668, § 1d, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-74. Unapproved water use and/or removal of seals from fire prevention system.
(a) Should the flow detector meter on a fire prevention service line show consumption without a fire having occurred and without prior notice to the Water and Sewers Director, a charge as follows shall be made:
Per occurrence: One hundred dollars.
(b) Should any sealed valve on a sprinkler type fire prevention system be opened without prior notification and approval of the Water and Sewers Director, a charge as follows shall be made:
Per occurrence: One hundred dollars.
(Ord. No. G-1059, § 1)
Sec. 37-75. Standby fire prevention service.
For the providing of standby fire prevention service, a monthly charge as follows shall be made:
Inside City: Seventy-five cents per inch diameter of service pipe.
Outside City: One dollar fifty cents per inch diameter of service pipe.
(Ord. No. G-1059, § 1)
Sec. 37-76. Water service connection charges.
(A) The charge will be applied according to the following table and effective dates:
Tap and Meter With Paving Repairs Fee Meter Sizes Effective Jan. 1, 2007 Effective April 1, 2007 Effective Jan. 1, 2008 5/8" $2,457.00 $2,516.00 $3,041.00 3/4" 2,470.00 2,534.00 3,066.00 1" 2,858.00 2,922.00 3,550.00 1 1/2" 3,315.00 3,365.00 4,005.00 2" 3,495.00 3,519.00 4,152.00 3"* 7,451.00 7,613.00 8,555.00 4"* 8,357.00 8,585.00 9,551.00 6"* 10,670.00 10,832.00 12,269.00 6" fire rated* 11,469.00 11,631.00 12,643.00 8" fire rated* 12,473.00 12,635.00 13,138.00
Tap and Meter Without Paving Repairs Fee Meter Sizes Effective Jan. 1, 2007 Effective April 1, 2007 Effective Jan. 1, 2008 5/8" $1,351.00 $1,410.00 $1,753.00 3/4" 1,363.00 1,427.00 1,779.00 1" 1,757.00 1,821.00 2,263.00 1 1/2" 2,291.00 2,341.00 2,806.00 2" 2,468.00 2,492.00 2,953.00 3"* 6,632.00 6,794.00 7,526.00 4"* 7,538.00 7,766.00 8,522.00 6"* 9,852.00 10,014.00 11,240.00 6" fire rated* 10,651.00 10,813.00 11,614.00 8" fire rated* 12,113.00 12,275.00 12,720.00 * 3", 4", 6" and 8" sizes to be constructed at cost with trust deposit in the amount shown. The concrete vault required for 3", 4", 6" and 8" sizes will be the responsibility of the developer or the developer's contractor.
(B) Special provisions. Designations of streets shall be in accordance with the latest revision of the official "Street Classification Map" of the City of Phoenix. In areas outside of Phoenix, streets on section lines, on half-section lines and other major thoroughfares shall be considered major or collector streets.
A street shall be considered paved and subject to paving repairs if described and defined as Class A or Class B in the Public Works Department policy, except that where it is determined by the Water Services Department that no paving will be disturbed in making the connection, the fee shall be that indicated "without paving repairs".
(Ord. No. G-1059, § 1; Ord. No. G-1245, § 2; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-1949, § 2; Ord. No. G-2279, § 2; Ord. No. G-2294, § 1; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1e, adopted 1-5-2005, eff. 2-4-2005; Ord. No. G-4870, § 1, adopted 2-21-2007, eff. 4-1-2007)
Editor's note: The fees established by Ord. No. G-4870 shall be effective and enforceable on April 1, 2007, and the fees, charges and deposits will be phased in as indicated.
Sec. 37-77. Separate tap and meter installations.
(A) Tap only. (Includes Corp Stop, Service Lines, Curb Stop, Meter Box and Lid). The charge will be applied according to the following table and effective dates:
With Paving Repairs Meter Sizes Effective Jan. 1, 2007 Effective Jan. 1, 2008 5/8" $2,268.00 $2,734.00 3/4" 2,268.00 2,734.00 1" 2,640.00 3,180.00 1 1/2" 2,921.00 3,527.00 2" 3,075.00 3,653.00 3"* 4,694.00 5,485.00 4"* 5,200.00 6,003.00 6"* 6,164.00 7,213.00 * 3", 4" and 6" sizes to be constructed at cost with trust deposit in the amount shown. The concrete vault required for 3", 4" and 6" sizes will be the responsibility of the developer or the developer's contractor.
Without Paving Repairs Meter Sizes Effective Jan. 1, 2007 Effective Jan. 1, 2008 5/8" $1,185.00 $1,442.00 3/4" 1,185.00 1,442.00 1" 1,550.00 1,893.00 1 1/2" 1,906.00 2,322.00 2" 2,047.00 2,454.00 3"* 3,876.00 4,457.00 4"* 4,380.00 4,974.00 6"* 5,346.00 6,184.00 * 3", 4" and 6" sizes to be constructed at cost with trust deposit in the amount shown. The concrete vault required for 3", 4" and 6" sizes will be the responsibility of the developer or the developer's contractor.
(B) Meter only: The charge will be applied according to the following table and effective dates:
Meter Only Fees Meter Sizes Effective Jan. 1, 2007 Effective April 1, 2007 Effective Jan. 1, 2008 5/8" $450.00 $509.00 $680.00 3/4" 458.00 522.00 700.00 1" 537.00 601.00 794.00 1 1/2" 785.00 835.00 1,051.00 2" 954.00 978.00 1,203.00 3"* 3,226.00 3,388.00 3,625.00 4"* 3.979.00 4,207.00 4,527.00 6"* 4,755.00 4,917.00 5,331.00 * 3", 4" and 6" sizes to be constructed at cost, with trust deposit in the amount shown.
(C) Special provisions. Designations of streets shall be in accordance with the latest revision of the official "Street Classification Map" of the City of Phoenix. In areas outside of Phoenix, streets on section lines, on half-section lines and other major thoroughfares shall be considered major or collector streets.
A street shall be considered paved and subject to paving repairs if described and defined as Class A or Class B in the Public Works Department policy, except that where it is determined by the Water Services Department that no paving will be disturbed in making the connection, the fee shall be that indicated for "without paving repairs".
(Ord. No. G-1059, § 1; Ord. No. G-1245, § 2; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-1949, § 2; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1h, adopted 1-5-2005, eff. 2-4-2005; Ord. No. G-4870, § 1, adopted 2-21-2007, eff. 4-1-2007)
Editor's note: The fees established by Ord. No. G-4870 shall be effective and enforceable on April 1, 2007, and the fees, charges and deposits will be phased in as indicated.
Sec. 37-78. Reserved.
Editor's note: Section 37-78 was repealed; see Ord. No. G-3019, § 1.
Sec. 37-79. Changing the size of meter on existing tap.
The following fee will be the labor charge only for changing the size of a meter on an existing service or if a customer requests a reinstatement of a larger meter originally purchased:
The charge will be applied according to the following table and effective dates:
Fee Changes in Meter Size Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 1" - 3/4" $169.00 $243.00 $317.00 $391.00 1 1/2" - 1" 249.00 318.00 387.00 457.00 2" - 1 1/2" 294.00 348.00 402.00 457.00 3/4" - 1" 242.00 389.00 535.00 682.00 (Ord. No. G-1059, § 1; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1g, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-80. Meter relocation on existing service line due to right-of-way abandonment for convenience of customer.
The charge will be applied according to the following table and effective dates:
Fee Service and Meter Size Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 5/8"* $539.00 $783.00 $1,027.00 $1,271.00 3/4"* 539.00 783.00 1,027.00 1,271.00 1"* 725.00 1,056.00 1,386.00 1,717.00 1 1/2"* 787.00 1,125.00 1,462.00 1,799.00 2"* 862.00 1,218.00 1,575.00 1,931.00 * To be constructed at cost with Trust deposit in the amount shown.
(Ord. No. G-1059, § 1; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1h, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-81. Taps for water main extensions.
The following charges are for the actual tapping operation only and do not include materials. The contractor must furnish and install the saddle or tapping sleeve and valve and make the excavation sufficient size to allow City field crews enough room to perform the necessary work.
The charge will be applied according to the following table and effective dates:
Cast Iron– Cement– Asbestos– Pipe Tap Size Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 2" to 4" $287.00 $399.00 $510.00 $622.00 6" to 8" 309.00 414.00 518.00 622.00 10" to 12" 339.00 434.00 528.00 622.00 (Ord. No. G-1059, § 1; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1i, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-82. Test taps.
A fee of three hundred eighty dollars shall be charged for test taps two-inch or less in size installed in cast iron or asbestos cement pipe. The fee includes labor and materials for installing the test tap but does not include excavation. The contractor must make an excavation of sufficient size to allow City field crews enough room to perform the necessary work. The location and manner of location for test taps shall be subject to the approval of the Water and Wastewater Director.
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Test Taps $234.00 $282.00 $331.00 $380.00 The fee for test taps installed after regular working hours, weekends or holidays shall be seven hundred fifty-nine dollars.
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 After Hours $467.00 $565.00 $662.00 $759.00 (Ord. No. G-1059, § 1; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1j, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-83. Water main shutdown; charges.
Approval of the Water and Wastewater Director is required prior to the shutdown of a City water main. Any contractor desiring the shutdown of a City water main shall make application to the Water and Wastewater Department and pay the established charges. It shall be the responsibility of the contractor to notify the public where a shutdown will cause any City water customer to be without water. Charges for the shutdown of a City water main are as follows:
The charge will be applied according to the following table and effective dates:
Fee Size Main Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 12" and smaller $204.00 $234.00 $263.00 $292.00 Larger than 12" 338.00 382.00 425.00 468.00 The above charges shall be five hundred eighty-four dollars and nine hundred thirty-six dollars respectively for shutdowns made after working hours, weekends or holidays.
The charge will be applied according to the following table and effective dates:
Fee Size Main Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 12" and smaller $409.00 $467.00 $526.00 $584.00 Larger than 12" 677.00 763.00 850.00 936.00 (Ord. No. G-1059, § 1; Ord. No. G-1398, § 1; Ord. No. G-1614, § 1; Ord. No. G-2361, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1k, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-84. Activation or reactivation of water service.
(a) Service applications are required of all customers requesting activation or reactivation of water service. Application information must be submitted for each service address. An application must also be submitted when requesting the transfer of service from one customer to another. Service applications will require the following information:
1. Residential.
a. Name of responsible party (must be an individual).
b. Social security number.
c. Address.
d. Mailing address.
e. Service address.
f. If property owner, escrow number and title company.
g. If tenant, landlord's name and address.
h. If agent, proof of agency.
i. Employer's name, address and phone.
j. Requested turn-on date.
2. Commercial.
a. Legal name of firm.
b. Service address.
c. Contact person.
d. Nature of business.
e. Dining on premises.
f. Employer's I.D. number.
g. Mailing address.
h. Name and address of owner(s).
i. If property owner, escrow number and title company.
j. If tenant, landlord's name and address.
k. If agent, proof of agency.
l. Requested turn-on date.
(b) A service fee for activation or reactivation of service will include obtaining a beginning meter reading and will be charged as follows:
Service activation fee . . . . $33.00
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Service Activation* $27.00 $29.00 $31.00 $33.00 *Plus applicable tax
(Ord. No. G-1059, § 1; Ord. No. G-2236, § 1; Ord. No. G-2474, § 1; Ord. No. G-3019, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1l, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-85. Delinquent account fees and miscellaneous charges.
Delinquent turn-off fee (Shall be charged to customers account when water service has been turned off or turned off and locked for non-payment of bill.) . . . . $55.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Delinquent Turn-off* $33.00 $40.00 $48.00 $55.00 Charge for broken meter lock – Delinquent account (Charged to customer's account if the meter lock placed on customers meter to prevent unauthorized usage of water has been tampered with, broken or removed . . . . $61.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Broken Meter Lock * $42.00 $48.00 $55.00 $61.00 Charge for removing meter – Delinquent account (Charges to customer's account if it is necessary to remove meter or jumper device to prevent unauthorized usage of water.) . . . . $110.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Remove Meter* $61.00 $78.00 $94.00 $110.00 Charge for turning off water service at main delinquent account (Charged to customer's account when customer's actions make it necessary to turn off water service at main to prevent unauthorized usage of water.) . . . . $2,492.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Turn Off at Main* $1,141.00 $1,591.00 $2,042.00 $2,492.00 Charge for plugging service (charged to customer's account if it is necessary to prevent unauthorized usage of water) . . . . $72.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Plug Service* $44.00 $54.00 $63.00 $72.00 Returned check charges (charge to customer's account when customer's check is returned by bank due to insufficient funds. See Section 2-45.2 (Cost recovery fee for issuance of dishonored checks, conditions of imposition, procedures, exceptions.)) . . . . $18.00
Charge for testing customer's meter at City water meter shop (This is done at customer's request; the two hundred fifty-three dollar charge for 5/8", 3/4" and 1" meters only; larger size meters are tested at cost. Charge is applied only if meets acceptable industry standards) . . . . $253.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Bench Test* $123.00 $167.00 $210.00 $253.00 Charge for use of water through an existing metered service without making application for water service . . . . $28.00
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Unauthorized Use* $22.00 $24.00 $26.00 $28.00 Emergency turn-off charge (A charge for turning off water at customer's request when an emergency exists on his property.) . . . . $66.00
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Emergency Turn-Off* $39.00 $48.00 $57.00 $66.00 Meter re-read fee (Shall be charged when a customer requests a re-reading of a meter which is subsequently determined to have been read accurately. A charge will not be made if the initial meter reading is determined to be inaccurate.) . . . . $22.00*
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Meter Re-Read Fee* $17.00 $19.00 $20.00 $22.00 Post notice fee (shall be charged to a customer when notice has been posted at the property for non-payment of a water bill) . . . . $50.00
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Post Notice Fee* $31.00 $38.00 $44.00 $50.00 Installation of anti-theft device (shall be charged to a customer's account if it is necessary to prevent unauthorized usage of water) . . . . $77.00
The charge will be applied according to the following table and effective dates:
Fee Effective Mar. 1, 2005 Effective Jan. 1, 2006 Effective Jan. 1, 2007 Effective Jan. 1, 2008 Anti-Theft Device* $53.00 $61.00 $69.00 $77.00 * Plus applicable tax
(Ord. No. G-1059, § 1; Ord. No. G-2236, § 1; Ord. No. G-2362, § 1; Ord. No. G-2474, § 1; Ord. No. G-3019, § 1; Ord. No. G-3137, § 2; Ord. No. G-3241, § 1; Ord. No. G-3341, § 1; Ord. No. G-4219, § 1, passed 11-10-1999, eff. 2-1-2000; Ord. No. G-4668, § 1m, adopted 1-5-2005, eff. 2-4-2005)
Sec. 37-86. Billing procedure.
(a) Monthly bills shall be rendered on regularly printed forms approved by the Director and issued in the name of the Water and Sewers Department. The bill shall consist of a stub form, one stub to be retained by the customer and the other stub to be retained by the Water and Sewers Department when payment is rendered. Where water is supplied through meters. The bill shall contain the reading date, the meter reading, the consumption per one hundred cubic feet or one hundred gallons, the amount of the bill, the customer's account number and the total amount due. All moneys due the Water and Sewers Department on account of water sales, receipts for new water connections, tap charges, meters, repairs, and reimbursement for damages, or from any other source not expressly provided for herein, shall be deposited with the City Treasurer. All money paid to the City Treasurer as provided in this section pertaining to the Water Department's receipts shall be kept by the City Treasurer in separate funds to be known as the water maintenance and operation fund and water revenue fund. All money due the Water and Sewers Department pertaining to sanitary sewer rentals new sewer connections and other miscellaneous sewer revenues shall be deposited with the City Treasurer. All money paid to the City Treasurer pertaining to sewer receipts shall be kept by the City Treasurer in separate funds to be known as the sewer maintenance and operations fund and sewer revenue fund. All money due the Water and Sewers Department pertaining to sanitation fees shall be deposited with the City Treasurer. The sanitation revenues shall be deposited into the general purpose fund. The City Treasurer shall prepare a daily report of the total cash receipts of water and sewer revenue, or such other reports as may be required from time to time, and submit copies to the Water and Sewers Director and the City Auditor.
(b) No money shall be drawn by the City Treasurer or any other officer from such water maintenance and operation fund and water revenue fund or sewer maintenance and operation fund and sewer revenue fund except upon a warrant authorized by the City Council in such manner as other warrants are required to be drawn against the various funds of the City. All expenses necessary for the operation and maintenance of the water system shall be paid by warrant drawn on the water maintenance and operation fund. All expenditures for capital outlay necessary for the operation of the Water Department shall be paid by warrant drawn on the water revenue fund. All expenses necessary for the operation and maintenance of the sewers system shall be paid by warrant drawn on the sewer maintenance and operation fund in such manner as other warrants required to be drawn against the various funds of the City. All capital expenditures for capital outlay necessary for the operation of the sewer system shall be paid by warrant drawn on the sewer revenue fund.
(c) The Water and Sewers Director may designate certain private establishments as authorized City water payment stations, in the capacity of limited agents, for the purpose of collecting deposits current bills only. These payment stations so designated shall be required to perform pay station functions in accordance with rules and instructions issued by the Water and Sewers Department and shall be paid a collection fee for the faithful performance of these functions in accordance with a schedule of fees as determined by the Water and Sewers Department.
(Code 1962, § 38-12; Ord. No. G-919; Ord. No. G-1059, § 1; Ord. No. G-1317, § 1; Ord. No. G-1379, § 1; Ord. No. G-1755; Ord. No. G-2377, § 1; Ord. No. G-2474, § 1)
Sec. 37-87. Accounts generally; notices; house numbers to be correct.
All water accounts shall be carried on the books of the Water and Sewers Department by the house and street number. All notices sent out by the City regarding water accounts, and all notices regarding any other matter pertaining to the City water supply to any property, shall be sent to the house and street number of such property. Should the owner of the property desire personal notice from the City, he should file an application on a form to be furnished by the Water and Sewers Department. To insure proper delivery of notices, all errors in house numbers should be promptly reported to the Water and Sewers Department. If numbers on houses are not corrected by the owner, after proper notice by the Department, the Department can refuse service to such premises.
(Code 1962, § 38-62; Ord. No. G-1059, § 1)
Sec. 37-88. Payment of bills and charges.
All rates and service charges are due and payable when rendered. Payment must be received by the due date printed on the bill. If payment is not received by the due date, the account is considered delinquent and subject to a late fee of three percent per month assessed on the delinquent amount. The next monthly billing invoice will indicate the past due amount, all late fees, and the current amount due. In addition to late fees, a delinquent account is subject to turnoff for non-payment. A notice of non-payment will be mailed giving the date that the water service will be discontinued. If the total amount identified in the notice of non-payment is not paid prior to the scheduled disconnect date, the water will be turned off to the premises. No further notice will be given to the customer. A turnoff fee will be assessed to the customer's account for discontinuance of service. The turnoff fee, in addition to all amounts due and owing must be paid before restoring water service. An account may also become delinquent and subject to turnoff for nonpayment of returned check amounts and service charges. Customer accounts that are delinquent will not have water service disconnected on a Friday or prior to City-observed holidays. If a customer disputes the amount of the bill or protests a proposed termination of water service as unjustified, the customer may present his objections by following the procedures set forth in Phoenix City Code Section 37-95.
(Code 1962, § 38-66; Ord. No. G-1059, § 1; Ord. No. G-2474, § 1; Ord. No. G-3311, § 1; Ord. No. G-5159, § 1c, adopted 5-14-2008, eff. 5-1-2009)
Editor's note: Section 2 of Ord. No. G-5159, provides for an effective date of May 1, 2009.
Sec. 37-89. Unpaid bills at previous location.
As a term and condition of providing service, the Water and Sewers Department requires that outstanding amounts owed at a previous location served by the Water and Sewers Department for services rendered and/or due to labor supplied or materials furnished by the Water and Sewers Department be paid. If a service is activated with outstanding indebtedness to the City at a previous location, the account will be considered delinquent and subject to turnoff for nonpayment of services previously provided.
(Code 1962, § 38-67; Ord. No. G-1059, § 1; Ord. No. G-2474, § 1)
Sec. 37-90. Water service to tenants.
(a) Where tenants pay their own water utilities amount not in rent, the tenant is responsible for the payment of all City water services provided for his use. The tenant must place the required deposit in accordance with section 31-61 and/or section 37-62. These accounts will require that the tenant submit an application in accordance with section 37-84.
(Ord. No. G-1059, § 1; Ord. No. G-2474, § 1; Ord. No. G-2933, § 1)
Sec. 37-91. Unregistered or unassessed water.
A service applicant or customer who has been furnished water by the City, if such may not have been registered or assessed for water charges on the books of the Water and Wastewater Department, shall be assessed the water charges for the amount of water used.
(Code 1962, § 38-68; Ord. No. G-1059, § 1; Ord. No. G-2933, § 1)
Sec. 37-92. Miscellaneous charges for water.
The rates to be charged and collected for all classes of service not named in this chapter shall be at the meter rates established in this chapter, as near as may be estimated from the amount of water consumed in similar places, and such rates shall be estimated by the Water and Sewers Director.
(Code 1962, § 38-72; Ord. No. G-1059, § 1)
Sec. 37-93. Discontinuance of service– On order of customer.
(a) All requests for turning off water must be made by the named applicant on a service account or his authorized agent. When the water is ordered turned off from any premises, a final meter reading will be obtained and all charges for services supplied to such premises shall be calculated and due on the date specified on the bill. The customer requesting discontinuance of service must also furnish the Water and Wastewater Department with a change of address.
(b) Until such notice and payments shall have been made, such premises shall be deemed occupied by such customer and his liability continued.
(c) In the event that such customer shall have made a deposit to the Water and Wastewater Department, and said deposit is still being retained by the Department, the deposit amount will be applied to the balance owing on the account. All credits will be refunded.
(d) When the former customer has been notified of the amount of billing remaining due after deduction of customer's deposit, any accounts remaining due may be assigned to an agent of the Water and Wastewater Department for collection purposes.
(Code 1962, § 38-19; Ord. No. G-1059, § 1; Ord. No. G-2474, § 1; Ord. No. G-2933, § 1)
Sec. 37-94. Resumption of service.
(a) Full payment of all amounts owed on an account must be paid prior to resuming service and the Director may require payment of a risk deposit in accordance with section 37-62.
(b) When the foregoing conditions are fulfilled, it shall be the duty of the Department to cause the water to be turned on for the use of such premises, unless there are extenuating circumstances such as broken or leaking pipes or other causes which are, in the opinion of the Director, sufficient reason to refuse to turn on the service.
(Code 1962, § 38-21; Ord. No. G-1059, § 1; Ord. No. G-2474, § 1)
Sec. 37-95. Administrative hearing.
(a) A customer who disputes the accuracy of a Water and Wastewater Department billing must first present a written complaint to a Water and Wastewater Department customer services representative. This complaint must be received by the customer services representative no later than sixty days after the end of the billing period in dispute. The customer services representative shall initially investigate the complaint and mail to the customer his decision on the complaint.
(b) If an objection to the decision of the customer services representative is not filed within thirty days following the day upon which the decision of the customer services representative is mailed to the customer, the decision of the customer services representative shall be final and conclusive as between the customer and the City and the customer shall have forfeited any right for a further hearing and the amount owing shall become immediately due and payable.
(c) A customer who objects to the decision of the customer services representative may obtain a review of the customer services representative's decision if the customer files his objections in writing with the City Auditor Department no later than thirty days following the day upon which the decision of the Customer Services Representative was mailed to the customer. The written objection shall include the following:
i. Statement of the amount under protest;
ii. Statement of the reason why the decision was incorrect and should be adjusted; and
iii. Request for a hearing if one is desired.
If a hearing is not requested, a decision will be made on the protest based on the written evidence submitted.
(d) The protest shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Water and Wastewater Department.
(e) The hearing officer shall provide to the Water and Wastewater Department a copy of the customer's protest and shall request from the Water and Wastewater Department a response to the issues raised. The Water and Wastewater Department shall submit to the hearing officer, and mail to the customer, a written response to the hearing officer's request within thirty days of receipt of such request.
(f) Upon receiving a written request for an extension of time at any time prior to a deadline in this section, the hearing officer shall be empowered to grant extensions of time.
(g) A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (e) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The customer shall have the opportunity to appear with witnesses and counsel to present information on behalf of the customer. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.
(h) After the hearing on the matter, the hearing officer shall within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the disposition of the dispute.
(i) The hearing officer shall be empowered to make a final decision as to the validity of the customer's complaint. If the hearing officer determines the customer's dispute to be valid, the officer shall be empowered to make an appropriate adjustment to the customer's bill. The determination of the hearing officer shall be final and conclusive between the City and the customer as to the dispute submitted for determination. The customer's water service shall not be terminated for failure to pay the amount in dispute, until the hearing officer has made his written determination as provided in subparagraph (h). If the hearing officer determines that an amount is due from the customer to the City, the amount shall be immediately due and payable upon issuance of the written determination provided in subparagraph (h).
(Ord. No. G-2474, § 1; Ord. No. G-2960, § 1)
Sec. 37-95.1. Medical accounts and financial hardship accounts.
The Water and Sewer Director shall have the authority to establish rules and regulations for handling medical and financial hardship accounts. Such rules and regulations may provide for waiver of fees set forth herein and/or alternate payment methods as determined by the Director.
(Ord. No. G-2474, § 1)
ARTICLE VI.
WATER UTILITIES APPRAISAL REVIEW BOARD*------------
Cross references: Administration, ch. 2.
------------
Sec. 37-96. Water Utilities Appraisal Review Board– Created; composition; appointment and terms of members; administration; compensation of members.
There is hereby created, constituted and established a Water Utilities Appraisal Review Board for the purpose of reviewing appraisals of water utilities sought to be purchased by the City in connection with the expansion of the water system of the Water and Sewers Department of the City. The Water Utilities Appraisal Review Board shall consist of three members to be appointed by the City Council, and initially to serve terms of three years, two years and one year, respectively, and thereafter three-year terms each. The members of the Appraisal Review Board shall, at their first meeting, elect one of their members chairman, and make such rules and regulations for the administration and proper functioning of the Appraisal Review Board as they may deem expedient. Such rules and regulations shall not be inconsistent with the laws of the State and the ordinances of the City. The members of the Appraisal Review Board shall receive no compensation for their services and shall not be entitled to any expenses incurred by them in the performance of their official duties.
(Code 1962, § 38-1; Ord. No. G-844, § 1; Ord. No. G-1059, § 1)
Sec. 37-97. Water Utilities Appraisal Review Board– Duties and powers.
The duties and powers of the Water Utilities Appraisal Review Board shall be confined entirely to reviewing the appraised values of such water systems sought to be acquired by the City by purchase, and it shall be the duty of the Review Board to advise the City Manager and the City Council of their recommendations with reference to any purchase price to be paid for such water systems.
(Code 1962, § 38-2; Ord. No. G-844, § 1; Ord. No. G-1059, § 1)
Sec. 37-98. Water Utilities Appraisal Review Board– Plan of operation.
The general plan of operation contemplated with reference to the activities of the Water Utilities Appraisal Review Board in the purchase of private utilities is that the Water and Sewers Department of the City will obtain appraisals of the private utilities sought to be acquired. After review of such appraisals by the Board negotiations for acquisition of the private utilities shall be conducted by the Water and Sewers Director.
(Code 1962, § 38-3; Ord. No. G-844, § 1; Ord. No. G-1059, § 1)
ARTICLE VII.
ENFORCEMENT OF CHAPTERSec. 37-99. Interference with or obstructing water system facilities.
Any person who in any manner willfully defaces damages, illegally uses, or interferes with the operation of any well, pump, hydrant, valve, pipe, construction trench, or any other waterworks facility, or anyone who shall pollute the potable water supply of the City or violate any provision of this chapter shall be guilty of a misdemeanor. Any expense caused to the City for the repair or replacement of damaged, stolen, or misused waterworks facilities shall be charged against and collected from the person or persons who caused the expense. The violation of any provision of this chapter, or failure to pay for damages to City waterworks facilities, shall be sufficient cause for the Director to discontinue City water service to any property owned or used by said person or persons.
(Ord. No. G-1059, § 1)
Sec. 37-100. Authority of Water and Sewers Department to turn off water.
For any violation of this chapter or for nonpayment of water charges for either domestic, sprinkling or other purposes, the Water and Sewers Department has the right to turn off the water without further notice. After it has been turned off from any service pipe on account of nonpayment or violation of the chapter, the water shall not be turned on until all back charges are paid, together with the payment of all fees, and the applicable deposit paid, if required in accordance with section 37-62.
(Code 1962, § 38-37; Ord. No. G-1059, § 1; Ord. No. G-2474, § 1)
Sec. 37-101. Rules and regulations to be enforced; exception.
The rules and regulations of this chapter are made for the benefit of the consumers of water in the City and for the protection of the water supply system of the City. Their enforcement shall in no case be willfully ignored by any City official or employee. When a strict enforcement of any rule could work a gross injustice on a consumer of water from the City mains, the Water and Sewers Director may in his discretion order a suspension of the rule as to that particular case.
(Code 1962, § 38-25; Ord. No. G-1059, § 1)
ARTICLE VIII.
CITIZENS' WATER RATE ADVISORY COMMITTEE*------------
Cross references: Administration, ch. 2; Citizens' Wastewater Rate Advisory Committee, § 28-57 et seq.
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Sec. 37-102. Citizens' Water Rate Advisory Committee; creation; composition; term of office.
There is hereby created, constituted and established a Citizens' Water Rate Advisory Committee, hereinafter referred to as "Committee." The Committee shall consist of nine members who are Phoenix water users nominated by the Mayor and appointed by the City Council to serve for a period of three years without compensation. The initial appointment shall be for the following terms:
One-third of the members shall be appointed to serve for the term of three years;
One third of the members shall be appointed to serve for the term of two years;
One-third of the members shall be appointed for the term of one year.
All subsequent appointments shall be for the term of three years except in the event of death, resignation, removal or disqualification of any member of the Committee, the City Council shall appoint to the Committee a member who shall serve for the unexpired term thus vacated.
(Ord. No. G-3103, § 1)
Sec. 37-103. Function and purposes.
The functions, purposes, and duties of the Committee shall be:
(a) Act as an advisory body to the City Manager and City Council on water rate and fee structure formulation;
(b) Annually review the water revenue requirements of the water system and recommend through the City Manager to the City Council rate and fee adjustments;
(c) Annually review financial operating policies and procedures and recommend through the City Manager to the City Council financial operating policies and procedures required to ensure effective and efficient collection of water revenues;
(d) Recommend community programs and projects to provide information and education to the community regarding the City of Phoenix water system revenue requirements, rates, fees and financial policies; and
(e) Consult with the City Manager and the City Council from time to time as may be required by the City Manager and the City Council relative to water system financial needs;
(f) Sit and act as the Citizens' Wastewater Rate Advisory Committee. When sitting as the Citizens' Wastewater Rate Advisory Committee, the Committee shall have the functions, purposes and duties set forth in section 28-58 of the City Code.
(Ord. No. G-3103, § 1; Ord. No. G-3370, § 1)
Sec. 37-104. Appointment of officers and adoption of rules.
(a) The Mayor shall designate the Committee chairperson and vice-chairperson annually by the second Monday of July of each year.
(b) The members of the Committee shall adopt such rules for the administration and proper functioning of the Committee as they may deem expedient which shall not be inconsistent with the laws of the State, the Charter of the City, or the ordinances of the City.
(c) One-half of the membership of the Committee shall constitute a quorum for conducting Committee business and action may be taken upon the vote of a majority present.
(d) The affirmative vote of a majority of the members of the Committee shall be necessary to pass any proposed motion. Committee members are required to vote on all issues placed before the Committee. A failure to vote or a voluntary abstention shall be counted as an "aye" vote unless excused by the State Conflict of Interest Law, A.R.S. tit. 38, ch. 3, art. 8 (A.R.S. § 38-501 et seq.). In case of a tie in votes on any motion, the motion shall be considered lost.
(e) The Committee shall have the power to appoint such subcommittees as they deem necessary.
(f) Continued absence of any Committee member from three consecutive regular meetings of the Committee shall render any such member liable for immediate removal from the Committee. Removal shall be at the discretion of the City Council.
(Ord. No. G-3103, § 1)
Sec. 37-105. Compensation of members.
Members of the Committee shall serve without compensation.
(Ord. No. G-3103, § 1)
Sec. 37-106. Committee reports.
The Committee shall submit through the City Manager to the City Council, an annual report on or before April 1.
(Ord. No. G-3103, § 1)
Sec. 37-107. Incurring expenses.
Neither the Committee nor any member of the Committee shall incur any expenses on behalf of the City, nor shall the City of Phoenix be obligated for any expense incurred by any member of the Committee on behalf of the Committee unless such expense is expressly authorized by action of the City Council.
(Ord. No. G-3103, § 1)
Secs. 37-108, 37-109. Reserved.
ARTICLE IX.
WATER CONSERVATION*------------
Cross references: Environmental protection, ch. 40.
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Sec. 37-110. Limitations on water use for turf-related facilities.
a. Beginning on January 1, 1992, when applying water from any source to its water intensive landscaped area a turf-related facility shall not use an amount greater than its applicable maximum annual water allotment, which amount shall be determined in accordance with this section.
b. The maximum annual water allotment for a new or existing turf-related facility that is not a golf course shall be determined as follows:
(i) Multiply the total acres of turfed area by 4.9 feet.
(ii) Multiply the total acres of newly turfed area by 1.0 feet.
(iii) Multiply the total acres of water surface area by 6.2 feet.
(iv) Multiply the total acres of low water use landscape area by 1.5 feet.
(v) The sum result of the calculations in subparagraphs (i), (ii), (iii), and (iv) of this paragraph is the maximum annual water allotment.
c. The maximum annual water allotment for a new or existing turf-related facility that is a regulation golf course shall be determined as follows:
(i) Determine the total acres of planted area. The total planted area shall not exceed five acres per regulation hole. Multiply the total planted acres by 4.9 feet.
(ii) Multiply the total acres of newly turfed area by 1.0 feet.
(iii) Determine the total acres of historic turfed area not included in planted acres. If the facility is an existing turf-related facility, multiply the total historic acres not in planted acres by 4 feet. If the facility is a new turf-related facility, multiply the total historic acres not in planted acres by 3 feet.
(iv) Determine the total acres of historic low water use areas not included in planted acres. Multiply the acres of historic low water use acres not in planted acres by 1.5 feet.
(v) Determine the total acres of additional turfed area. Multiply the total acres of additional turfed area by 3 feet.
(vi) Determine the total acres of additional low water use landscape. Multiply the total acres of low water use landscape by 1.5 feet.
(vii) Multiply the total acres of total water surface area by 6.2 feet. The total water surface area of all bodies of water not filled entirely with effluent is limited to 0.14 acre per hole for a new turf-related facility, and either 0.14 acre per hole or the historic total water surface area, whichever is greater, for an existing turf-related facility.
(viii) If the sum result of the calculations of subparagraphs (iii), (iv), (v), and (vi) is less than five acre-feet per hole, and the facility is an existing facility, then the sum result of the calculations of subparagraphs (i), (ii), (iii), (iv), (v), (vi), and (vii) of this paragraph is the maximum annual water allotment for an existing turf-related facility that is a golf course. The maximum annual water allotment shall not exceed the sum result of the calculations in subparagraphs (i), (ii), (vii) and five acre-feet per hole.
d. The maximum annual water allotment for a new or existing turf-related facility that is a golf course but not a regulation golf course shall be determined as follows:
(i) Determine the total acres of planted area. Multiply the total planted acres by 4.9 feet.
(ii) Multiply the total acres of newly turfed area by 1.0 feet.
(iii) For an existing facility, determine the total acres of historic turfed acres not included in planted acres. Multiply the total historic acres not included in planted acres by 4 feet.
(iv) For an existing facility, determine the total acres of historic low water use landscaped areas not included in planted acres. Multiply the acres of historic low water use landscaped acres not in planted acres by 1.5 feet.
(v) Determine the total acres of water surface area not entirely filled with effluent. The water surface acres eligible to receive an allotment are limited to 0.14 acre per hole, or the historic water surface area, whichever is greater. Multiply the acres of water surface area not entirely filled with effluent by 6.2 feet.
(vi) The sum result of the calculations of subparagraph (i), (ii), (iii), (iv), and (v) of this paragraph is the maximum annual water allotment for a turf-related facility that is a golf course but not a regulation golf course.
e. Where a turf-related facility consists of an existing turf-related facility and a new turf-related facility that are contiguous, under one ownership and operated as one facility, the facility may combine the maximum annual water allotment for the new turf-related facility and may apply all or a portion of the aggregate annual water allotment to any part of the facility.
f. It shall be the responsibility of the owner of every turf-related facility to provide the Water and Wastewater Department of the City of Phoenix with the necessary information contained in this section on a form provided by the City to calculate the maximum annual water allotment. In addition to the above, every turf-related facility providing documentation to DWR pertaining to turf-related watering shall furnish copies to the Water and Wastewater Department. This information shall be provided by the turf-related facility no later than October 1 of every calendar year, beginning with the 1989 calendar year.
g. The owner of an existing turf-related facility or a new turf-related facility, using the procedure contained in section 37-112, may apply to the Director of the Water and Wastewater Department for a modification of the maximum annual water allotment rate. A modification will be approved if a substantially similar modification has previously been given by DWR. Otherwise, the Water and Wastewater Director may approve a modification of the maximum annual water allotment rate if the owner of the facility demonstrates to the satisfaction of the Water and Wastewater Director that extraordinary circumstances justify the modification.
h. A turf-related facility is in compliance for a given calendar year with the applicable maximum annual water allotment if the Water and Wastewater Director determines that either of the following applies:
(i) The aggregate amount of water from any source used by the facility for turf-related watering purposes during the calendar year does not exceed the applicable maximum annual water allotment.
(ii) The aggregate amount of water from any source used by the facility for turf-related watering purposes during the calendar year is in compliance with the Second Management Plan for the Phoenix Active Management Area.
i. No later than February 1 of every calendar year, beginning with the 1992 calendar year, the City of Phoenix shall provide to every turf-related facility a questionnaire regarding that facility's water conservation practices. The completed questionnaire shall:
(i) Provide an accurate and detailed description of water conservation technologies that the facility used in the delivery of water of landscape purposes.
(ii) Demonstrate that the turf-related facility has developed an irrigation schedule which specifies the time and duration that each specific area should be water based upon weather conditions or historic water use, soil conditions, plant type, micro-climates, irrigation system water application rates, topography, irrigation system efficiency, foot traffic, and other factors established by the Water and Wastewater Director.
j. A turf-related facility authorized representative must fill out the survey and return the survey to the Director by May 1 of each calendar year. The turf-related facility may request up to an eight-month extension to complete the irrigation schedule if all other parts of the survey are complete and submitted to the Director by May 1 of each calendar year.
k. If a turf-related facility fails to complete the survey or the irrigation schedule as provided herein, then after such failure all water used or taken from the City of Phoenix shall be considered as water used or taken in violation of the provisions of this article and shall be subject to monetary charges set forth by section 37-113 [37-120].
l. Beginning January 1, 1992, or upon commencement of operation, whichever is later, a new turf-related facility that is a cemetery shall not landscape more than seventy-five percent of its total operating facility area with plants not listed in the DWR approved plant list.
m. The requirements of this section shall not apply to a turf-related facility who receives water from two or more sources and can demonstrate to the Water and Wastewater Director that the application of water received from the City used for turf-related watering is in compliance with State law.
n. The requirements of this section shall terminate upon the compliance date for turf-related facilities under the Third Management Plan for the Phoenix Active Management area promulgated by DWR under the authority of A.R.S. § 45-566 or on January 1, 2005, whichever event shall first occur.
(Ord. No. G-3232, § 1; Ord. No. G-3477, § 1; Ord. No. G-3645, § 1)
Sec. 37-111. Limitations of water use.
(a) Except as provided in this chapter, beginning on January 1, 1990, no City of Phoenix customer shall use water from any source for the purpose of filling or refilling all or a portion of one or more bodies of water used for landscape, scenic or recreational purposes, including lakes, ponds, lagoons or swimming pools in new developments that have a total surface area greater than twelve thousand three hundred twenty square feet or one percent of the net site area of the parcel of land on which the water feature is located, whichever is less. This prohibition on the use of water shall not apply to:
(1) Any of the conditions listed in A.R.S. § 45-132(B)(1), (2), (4), (6) and (7).
(2) The limitation of one percent of the net site area of the parcel of land on which the water feature is located shall not apply to swimming pools.
(b) Beginning on January 1, 1992, water supplied by the City of Phoenix to a customer shall not be used for the purpose of watering landscaping plants planted after December 31, 1991, within the following areas unless the landscaping plants are low water use plants:
(1) Any publicly owned rights-of-way of highways, streets, roads, sidewalks, curbs, and shoulders which are used for travel in any ordinary mode, including pedestrian travel except for local street rights-of-way adjacent to the front or side yard of a lot on which a single-family or duplex dwelling is located.
(2) Areas located between the rights-of-way of major and collector streets and walls or fences over three feet in height except for areas in the front yard of a lot on which a single-family or duplex dwelling is located.
The Water and Wastewater Director may waive the requirements of this paragraph, upon written request, but only if a waiver is in the public interest except that if the waiver concerns the areas listed in (1) above, the customer must obtain prior written approval from the Arizona Department of Water Resources.
(Ord. No. G-3232, § 1; Ord. No. G-3460, § 1; Ord. No. G-3794, § 1)
Sec. 37-112. Administrative hearing procedure for maximum annual water allotment and billing disputes.
(a) No later than November 1 of every calendar year, beginning with the 1989 calendar year, the City of Phoenix shall give written notice to every turf-related facility which receives water from the City of Phoenix supply of its maximum annual water allotment for the upcoming year.
(b) A turf-related facility authorized representative who disputes the accuracy of a Water and Wastewater Department determination of its maximum annual water allotment, must present a written protest to the Water and Wastewater Director within thirty days of receipt of the written determination from the City. The written protest must state in detail all objections to the City's determination of the maximum annual water allotment. This shall include, but is not limited to:
(i) All documentation, including calculations of what the turf-related facility believes to be the correct maximum annual water allotment;
(ii) Copies of documents filed with or given by any federal, State or local governmental agency that supports its position.
(c) The Water and Wastewater Director shall initially investigate the protest and by certified or registered mail, mail to the turf-related facility his decision on the protest. In arriving at his decision, the Water and Wastewater Director shall consider:
(i) A modification of the conservation requirement of the turf-related facility if approved by DWR under the authority of A.R.S. § 45-572.
(ii) A variance of the conservation requirement of the turf-related facility if approved by DWR under the authority of A.R.S. § 45-574.
(iii) An administrative review by DWR under the authority of A.R.S. § 45-575.
(iv) A showing of compelling economic circumstances supporting the turf-related facility's position.
If a turf-related facility has taken an administrative appeal or legal action in Superior Court against DWR over its maximum annual water allotment as allowed by DWR, then the Water and Wastewater Director shall stay his decision until the administrative appeal or legal action is final.
(d) The decision of the Water and Wastewater Director shall be sent by registered or certified mail. If an objection to the decision of the Water and Wastewater Director is not filed with the City Auditor's office within fifteen business days following receipt of the decision, then the decision of the Water and Wastewater Director shall be final and conclusive as between the turf-related facility and the City, and the turf-related facility shall have forfeited any right for a further hearing and for turf-related watering purposes, a turf-related facility shall not use any water that exceeds its maximum annual water allotment as stated in the decision.
(e) A written objection must be timely filed and include the following:
(i) Statement of the amount of water in dispute;
(ii) Detailed factual statements of the reasons why the decision was incorrect and the amount of adjustment to be made; and
(iii) A specific request for a hearing if one is desired.
If a hearing is not requested, a decision will be made based on the written evidence submitted.
(f) The objection shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Water and Wastewater Department.
(g) The hearing officer shall provide the Water and Wastewater Department a copy of the turf-related facility written objection and shall request from the Water and Wastewater Department a written response to the issues raised. The Water and Wastewater Department shall submit to the hearing officer, and mail to the turf-related facility, a written response to the hearing officer's request within thirty days of receipt of such request.
(h) A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (g) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The turf-related facility shall have the opportunity to appear with witnesses and counsel to present information and testimony on its behalf. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.
(i) After the hearing on the matter, the hearing officer shall, within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the determination of the maximum annual water allotment. A copy of this determination shall be sent by registered or certified mail to the turf-related facility.
(j) If the hearing officer determines the turf-related facility's objection to be valid the officer shall be empowered to make an appropriate adjustment to the maximum annual water allotment. The determination of the hearing officer shall be final and conclusive between the City and the turf-related facility as to the dispute submitted for determination. The turf-related facility's water service shall not be terminated nor shall the maximum annual water allotment take effect until the hearing officer has made his written determination as provided in subparagraph (i).
(k) Any turf-related facility authorized representative who disputes the accuracy of a Water and Wastewater Department billing including the calculation of any surcharge or imposition of other monetary charges imposed by section 37-113 [37-120] shall follow the procedures set forth in section 37-95 of the Phoenix City Code.
(Ord. No. G-3232, § 1)
Sec. 37-113. Declaration of policy; permit required for new turf-related facility.
It is hereby declared that further use of potable water for landscape irrigation at new turf-related facilities is contrary to the City's policies of water conservation. A permit is required for landscape irrigation at a new turf-related facility.
(a) Permit application. Any person desiring to apply water for landscape watering purposes on a new turf-related facility within the City of Phoenix or the water service area of the City of Phoenix, as defined in A.R.S. § 45-402(26) [A.R.S. § 45-402(31)] shall, before applying any water, obtain a landscape watering permit ("permit") from the Water Services Director. Application for a permit shall be made on a form supplied by the City. Water deliveries to a facility pursuant to this permit are subject to management water use restrictions required by the City Drought Response Procedures set forth in article X, chapter 37 of the Phoenix City Code.
(b) Issuance of permit. The Water Services Director ("Director") or his designee shall issue a permit for the application of water for landscape purposes to a turf-related facility if either conditions (i) or (ii), and condition (iii) below are met:
(i) The water to be applied for landscape watering purposes is exclusively non-potable water or untreated Central Arizona Project water delivered by the City from its CAP allocation; or
(ii) The turf-related facility at which the water is to be applied is located in an area for which the cost of providing a non-potable water supply would be prohibitively high to either the City or the facility owner, as determined by the Water Services Director. For purposes of this section, "prohibitively high" means the per acre-foot twenty-year amortized capital and operation and maintenance cost of providing non-potable water service to the development would exceed the estimated cost of the most expensive future water resource alternative identified in the City's long range water resources plan. This determination will be based in part on the distance and cost of extending existing and planned reclaimed water mains and other non-potable water delivery systems to the site; and
(iii) A water conservation and non-potable water use plan ("plan") is submitted and approved by the Water Services Director. The plan must address to the satisfaction of the Director:
(1) The use of the non-potable water supply specified in the permit will not result in significant adverse impacts to the groundwater aquifer or City of Phoenix wells.
(2) Measures taken to minimize evaporation loss of water from the turf-related facility and utilization of low water using plants.
(3) Water delivery system construction requirements. The turf-related facility and the irrigation system must be designed and constructed in a manner that facilitates future conversion to reclaimed water supplies if the initial supply is not reclaimed water.
(4) Any other water conservation and non-potable water use requirements as reasonably determined by the Director.
(c) Temporary permit. The Director may issue a temporary permit to allow temporary use of the City's potable water supply for a period not exceeding five years if the following conditions are satisfied:
(i) Sufficient non-potable water or untreated Central Arizona Project water cannot be made available to the new turf-related facility at a reasonable cost to either the facility owner or the City, as determined by the Director as of the first date of proposed application of water for landscape watering purposes:
(ii) The use of groundwater pursuant to a Type 1 or Type 2 non-irrigation certificate of grandfathered right or poor quality groundwater withdrawal permit issued by DWR would result in significant adverse impacts to the groundwater aquifer or City of Phoenix wells, as determined by the Director; and
(iii) The permit applicant demonstrates with reasonable certainty that non-potable water supplies or untreated Central Arizona Project water delivered by the City from its CAP allocation will be made available within five years of the date of initial potable water service, without resulting in significant adverse impacts to the aquifer. The applicant must submit to the Director for approval, a detailed plan for acquiring all necessary non-potable water rights, non-potable water production facilities, non-potable water treatment facilities, and/or conveyance facilities necessary to provide the non-potable water supply to the new turf-related facility. This plan shall include signed memorandums of agreement (MOUS), including funding arrangements for any capital expenditures required, between all parties involved in production and conveyance of the non-potable water supply. The Director shall determine the duration of the permit on the basis of the estimated time until sufficient non-potable water will be available to supply all irrigation water demand of the new turf-related facility. The Director may, prior to expiration of the permit, extend the period of the permit up to one year.
(d) Exceptions. The permit requirements of this section shall not apply to:
(i) An existing turf-related facility; or
(ii) A new turf-related facility located in an on-project area.
(iii) A new turf-related facility which is owned or operated by a party, successor or designee who have agreed to be bound by the provisions of an agreement entered into with the City prior to September 30, 1994, requiring the use of reclaimed water and covering the conditions of reclaimed water service.
(Ord. No. G-3794, § 1)
Sec. 37-114. Declaration of policy; permit required for filling or refilling of new bodies of water.
It is hereby declared that further use of potable water for filling or refilling bodies of water is contrary to the City's policies of water conservation. A permit is required for filling or refilling of new bodies of water.
(a) Permit application. Any person desiring to fill or refill a body of water constructed after September 30, 1994, within the City of Phoenix or within the water service area of the City of Phoenix, as defined in A.R.S. § 45-402(26) [A.R.S. § 45-402(31)] shall, before filling or refilling the body of water, obtain a body of water permit ("permit") from the Water Services Director ("Director"). Application for a permit shall be on a form supplied by the City. Water deliveries to a facility pursuant to this permit are subject to water use restrictions required by the City Drought Management Response Procedures set forth in article X, chapter 37 of the Phoenix City Code.
(b) Issuance of permit. The Director or his designee shall issue a permit for filling or refilling a body of water if either conditions (i), (ii) or (iii), and condition (iv) are satisfied:
(i) The body of water exceeds twelve thousand three hundred twenty square feet in area and is to be filled or refilled exclusively with non-potable water or untreated Central Arizona Project water delivered by the City from its CAP allocation; or
(ii) The body of water is larger than one percent of the net site area but less than twelve thousand three hundred twenty square feet and is located in an area for which the cost of providing a non-potable water supply would be prohibitively high to either the City or the facility owner, as determined by the Water Services Director. For purposes of this section, "prohibitively high" means the per acre-foot twenty-year amortized capital and operation and maintenance cost of providing non-potable water service to the development would exceed the estimated cost of the most expensive future water resource alternative identified in the City's long range water resources plan. This determination will be based in part on the distance and cost of extending existing and planned reclaimed water mains and other non-potable water delivery systems to the body of water site; or
(iii) The body of water exceeds twelve thousand three hundred twenty square feet and is in a publicly owned facility that is located in an area for which the cost of providing a non-potable water supply of an adequate quantity to meet applicable State and local water reuse permit requirements for the intended uses of the body of water would be prohibitively high to either the City or the owner of the public facility as determined by the Director; and
(iv) A water conservation and use plan ("plan") is submitted and approved by the Director. The plan must address to the satisfaction of the Director:
(1) The body of water, when full, shall contain no less than five acre-feet of water per acre of surface area to minimize water loss due to evaporation.
(2) The body of water shall be lined with an approved material to minimize water loss due to seepage and must meet all applicable requirements of law.
(3) The use of the non-potable water will not result in significant adverse impacts to the groundwater aquifer or City wells.
(4) The surface area of the body of water must not exceed the size limitations for bodies of water listed in City Code section 37-111, unless the body of water is an integral part of a turf-related facility.
(5) Water delivery system construction requirements. The facility in which the body of water exists and the water delivery system to the body of water must be designed and constructed in a manner that facilitates future conversion to reclaimed water supplies if the initial supply is not reclaimed water, unless the Water Services Director determines that the body of water is located in an area in which providing a reclaimed water supply within the projected life of the facility would be prohibitively high to the facility owner or the City.
(6) Any other water conservation and non-potable water use conditions as reasonably determined by the Water Services Director.
(c) Temporary permit. The Director may issue a temporary permit to fill or refill a body of water with potable water supplied by the City for a period not exceeding five years if the following conditions are satisfied:
(i) A non-potable water supply is not currently available at a point of delivery located at the facility property boundary in an amount sufficient to meet the water demands of the body of water;
(ii) Use of groundwater pursuant to a Type 1 or Type 2 non-irrigation certificate of grandfathered right or poor quality groundwater withdrawal permit issued by DWR would result in significant adverse impacts to the groundwater aquifer or City-owned wells, as determined by the Director; and
(iii) The permit applicant demonstrates with reasonable certainty that non-potable water supplies will be made available within five years, without resulting in adverse impacts to the aquifer. The applicant must submit to the Water Services Director for approval, a detailed plan for acquiring all necessary non-potable water rights, non-potable water production facilities, non-potable water treatment facilities, and/or conveyance facilities necessary to provide the non-potable water supply to the body of water. This plan shall include signed memorandums of agreement (MOUS), including funding agreements for any capital expenditures required, between all parties involved in production and conveyance of the non-potable water supply.
(d) Exceptions. The permit requirements of this section shall not apply to:
(i) A body of water that has been filled or refilled prior to September 30, 1994; or
(ii) A body of water of which the physical on-site construction has been substantially commenced prior to September 30, 1994;
(iii) A new body of water located in an on-project area;
(iv) A body of water which is owned or operated by a party, successor or designee who have agreed to be bound by the provisions of an agreement entered into with the City prior to September 30, 1994, requiring the use of reclaimed water and covering the conditions of reclaimed water service.
(Ord. No. G-3794, § 1)
Sec. 37-115. Construction and repayment of non-potable water components.
(a) The facility receiving or required to receive non-potable water or untreated Central Arizona Project water through City facilities for filling or refilling a body of water, shall be financially responsible for constructing any non-potable or untreated Central Arizona Project water treatment or delivery system components not included in a facilities plan or master plan approved by the City Council and in the funded five-year capital improvement program approved by the City Council as of the date of application for a permit to fill or refill a body of water. Determination of whether a component is included in an approved plan and in the funded and approved capital improvement program shall be made by the Water Services Director.
(b) A turf-related facility receiving non-potable water or untreated Central Arizona Project water through City facilities for landscape watering purposes, shall be financially responsible for constructing any non-potable water treatment and/or delivery system components not included in a facilities plan or master plan approved by the City Council and in the funded five-year capital improvement programs approved by the City Council as of the date of application for a permit to apply water for irrigation purposes at a turf-related facility. Determination of whether a component is included in an approved plan and in the funded capital improvement program approved by the City Council shall be made by the Water Services Director.
(c) If a turf-related facility is not required to receive non-potable water because it is located in area for which the cost of service is currently prohibitively high, as determined in section 37-113, but is located in an area for which the City has a master plan showing extension of a reclaimed water line in the future, the developer shall construct non-potable water distribution lines from the turf area to the boundary of the development of sufficient size to serve the projected demands of the turf facilities within the development.
(d) The City desires to encourage use of non-potable water through repayment for a portion of the costs incurred in the construction of non-potable water mains constructed by developers. This policy would apply where a non-potable water main is constructed by one developer and is connected to at a later date by one or more developers.
(e) In the event that a proposed new development or project must extend a non-potable water main in order to serve the development or project, the cost of the non-potable main extension will be included in a separate agreement. The City may require the developer to construct a pipeline of a diameter larger than that needed to serve the development's projected peak day capacity if the larger pipeline is included in a facilities plan or master plan approved by the City Council, but is not yet funded in the five-year capital improvement program approved by the City Council, but under this condition, the developer's nonrefundable cost will be limited to that required to construct a non-potable main of sufficient capacity to serve the development's projected peak day capacity. The City will collect connection charges from other developments connecting to the main and will repay such amount to the original developer using the procedure generally described in sections 37-36, 37-37 and 37-38.
(f) In the event that any subsequent developer obtains service from the non-potable water line, the subsequent developer and the City shall enter into an agreement. Such an agreement will establish a just, equitable and reasonable fee to permit such connections. The connection charge paid to the City and repaid to the original developer shall be based on the percentage of the subsequent development's maximum peak day diversion from the line to the maximum peak day delivery capacity of the non-potable water line constructed by the original developer.
(g) The total of such repayments from the City to the original developer of the non-potable water main shall not exceed the agreed reimbursable construction cost of the main. The entire repayment contract will terminate in ten years or when the total amount provided for is repaid, whichever is sooner.
(h) The final detailed plans and specifications for the non-potable water main extension must be approved by the Development Services Director and Water Services Director prior to construction. The engineering costs for the preparation of plans, specifications and staking of the non-potable water main incurred by the developer may be included in the reimbursable construction costs as provided for in the following section. The cost of distribution mains within the boundaries of the development shall not be eligible for repayment.
(i) A charge of one hundred dollars will be assessed by the City for the administration of each repayment agreement.
(j) Any developer that connects or seeks to connect to a non-potable water or untreated Central Arizona Project water main constructed by the City or approved by the City Council in a planned five-year capital improvement plan shall pay a proportionate share of the City's cost for such main based on a percentage of the developer's maximum peak day demand from the water main to the maximum peak day delivery capacity of such water main constructed by the City. If the water main is not yet constructed, but in the City's five-year capital improvement program, the developer will enter into an agreement with the City to pay his proportionate share prior to or on the date of application for a permit as specified in (a) and (b) above.
(k) Unless otherwise provided for in this section, the procedure described in sections 37-36, 37-37 and 37-38 applicable to approach mains shall also be applicable to non-potable water main extensions required by this section.
(Ord. No. G-3794, § 1)
Sec. 37-116. Permit variance; non-potable water use requirements for existing bodies of water and existing turf-related facilities.
(a) Variance. The City Council may, in its discretion, grant a variance from the requirements in section 37-113 and section 37-114. Application for variance must be made to the Water Services Director.
(b) Facilities constructed after September 30, 1994, excepted from the permitting requirements of this ordinance and not located in an on-project area, or facilities permitted to use potable water under the provisions of this chapter because it was prohibitively expensive to provide a non-potable water supply at the time the permit was applied for, having bodies of water filled or refilled with potable water provided by the City, must if directed by the Water Services Director, convert the potable water use to non-potable water at such a time that the City provides a non-potable water supply to the point of delivery to the body of water at the property boundary. All costs of constructing the system and modifying existing on-site irrigation systems, including metering, installation and tap charges, shall be born by the facility. The facility must begin using non-potable water within five years of the date of written notice by the Director that a non-potable water supply will be made available to the facility.
(c) Existing turf-related facilities excepted from the permitting requirement of this ordinance and not located in an on-project area or facilities permitted to use potable water under the provisions of this chapter because it was prohibitively expensive to provide a non-potable water supply at the time the permit was applied for, using potable water provided by the City for irrigation purposes, must if directed by the Water Services Director, convert the potable water use to non-potable water at such a time that the City provides a non-potable water supply to the point of connection with the facility's existing irrigation system at the property boundary. All costs of constructing the on-site water delivery system and modifying existing on-site irrigation systems, including metering equipment, shall be borne by the facility. The facility must begin using non-potable water within five years of the date of written notice by the Director that a non-potable water supply will be made available to the facility.
(d) Turf-related facilities excepted from the permitting requirement and not located in an on-project area that now irrigate with a water source other than potable water supplied by the City, desiring irrigation water supplied by the City, shall be subject to the same permitting requirements for new turf-related facilities as outlined in section 37-113.
(Ord. No. G-3794, § 1)
Sec. 37-117. Responsibility of facilities using non-potable water to secure necessary permits.
a. Facilities required to use non-potable water supplies as required by this article shall be responsible for securing all applicable permits from regulatory agencies necessary for use of the non-potable water at the facility.
(Ord. No. G-3794, § 1)
Secs. 37-118, 37-119. Reserved.
Sec. 37-120. Additional remedies.
(a) If the Water Services Director has determined that a customer is violating or has violated a provision of this article, or is violating any of the terms or conditions of a permit or temporary permit issued under the provisions of this article, in addition to all other remedies available in this chapter, the Water Services Director may elect to use any or all of the following:
(i) Impose up to a two hundred percent surcharge on the charges for water used or taken in violation of this article during the first year following the violation when the violation is the first violation committed by the customer.
(ii) Impose up to a five hundred percent surcharge on the charges for water used or taken in violation of this article when the violation is the second violation committed by the customer or is a continuing violation that exceeds one year but less than two years of continuing violation.
(iii) Impose up to a one thousand percent surcharge on the charges for water used or taken in violation of this article when the violation is the third violation committed by the customer or is a continuing violation that exceeds two years but less than three years of continuing violation.
(iv) For all subsequent violations for water used or taken in violation of this article or continuing violations that exceed three years of continuing violation, impose up to a two thousand percent surcharge.
(b) If, as a result of a customer's violation of this article or State law the City is assessed a civil penalty by DWR under authority of A.R.S. tit. 45, then the customer shall be responsible to the City of Phoenix and pay the same amount that is assessed against the City together with all costs and expenses incurred by the City that are proximately caused by the customer's violation.
(Ord. No. G-3794, § 1)
ARTICLE X.
DROUGHT MANAGEMENT RESPONSE PROCEDURESec. 37-121. Scope.
There is hereby established the following policies, rules, duties, penalties and plans for the City of Phoenix to be implemented during a declared water shortage. The drought management response procedure shall include the provisions of this article, rules and guidelines, adopted pursuant to this article and the drought management plan.
(Ord. No. G-3335, § 1)
Sec. 37-122. Declaration of policy.
It is hereby declared that, because of the conditions prevailing in the City of Phoenix, the general welfare requires that the water resources available to the City be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the City of Phoenix and for the public welfare.
(Ord. No. G-3335, § 1)
Sec. 37-123. Authorization.
The Water and Wastewater Director, or his designated representative, is hereby authorized and directed to implement the applicable provisions of this article upon determination in accordance with the standards provided herein that such implementation is necessary to protect the public welfare and safety.
(Ord. No. G-3335, § 1)
Sec. 37-124. Application.
The provisions of this ordinance shall apply to all persons, customers, and property served by the Water and Wastewater Department wherever situated.
(Ord. No. G-3335, § 1)
Sec. 37-125. Water use reduction stages.
No customer of the City of Phoenix Water Services Department shall knowingly make, cause, use, or permit the use of water from the City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provisions of this article, or in an amount in excess of that use permitted by the drought management plan, or emergency response plan, as appropriate, in effect pursuant to action taken by the Water Services Director, or his designated representative according to the provisions of this article.
The Water Services Director shall promulgate guidelines which shall set forth the criteria for determining when and where particular regulations within a water use reduction stage are to be implemented and terminated. Such guidelines shall be updated when, in the opinion of the Director, the conditions of the utility system have changed so as to necessitate such update. In addition, such guidelines shall be available for inspection at the City Clerk's office, and the Water Services Department administrative offices during normal business hours.
(Ord. No. G-3335, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Sec. 37-126. Stage 1– Water alert.
The Water Services Director is authorized to declare a Stage 1 Water Alert when the Salt River Project or the Central Arizona Water Conservation District announces reductions in allotments to the City of Phoenix water service area, when an insufficient supply appears likely due to water system limitations or structural failure, or when a catastrophic incident threatens the existing water supply or water delivery system. Such declaration may designate the entire area served by the City of Phoenix Water Services Department, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.
Upon declaration by the Water Services Director of the Stage 1 Water Alert and publication of such declaration, the Water Services Department shall implement the latest drought management plan or emergency response plan on file in the City Clerk's office that has been approved by resolution and kept available for public use and inspection. The water alert shall trigger an intensive public education and information program to assist all customers impacted by the shortage to understand the state of the emergency and the need for voluntary compliance. City of Phoenix personnel will direct their resources to enforcement of all existing City codes which influence water use or misuse.
The Water Services Director is authorized to terminate the Stage 1 Water Alert when the Water Services Director determines that the conditions upon which the Stage 1 Water Alert was declared no longer exist.
(Ord. No. G-3335, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Sec. 37-127. Stage 2– Water Warning.
The Water Services Director is authorized to declare a Stage 2 Water Warning when the water deliveries from Salt River Project or Central Arizona Water Conservation district are reduced, an insufficient supply situation occurs due to water system limitation or structural failure, or a catastrophic incident limits the existing water supply or water delivery system. Such declaration may designate the entire water service area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.
Upon declaration by the Water Services Director of the Stage 2 Water Warning, and publication of such declaration, elements of Stage 2 Water Warning as described in the drought management plan or emergency response plan may become mandatory and be enforced. Such elements may include, in addition to any other remedy available in this chapter, any surcharge authorized to be imposed by this chapter for such uses as are contained in section 37-131 [37-130.1] below.
If and when the Water Services Director becomes aware of any violation of any use reduction regulation pertaining to water use or misuse, the Water Services Director shall have authority to take actions, including mandatory measures up to and including disconnection of service, and other such enforcement actions as are required or deemed necessary to assure compliance with the use reduction plan. A written notice shall be placed on the property where the violation occurred; and duplicate mailed to the person who is regularly billed for the service where the violation occurs, and to any other person known to the Department who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, caused [ceased] or abated immediately or within such specified time as the Department determines is reasonable under the circumstances. If said order is not complied with, the Department may forthwith disconnect the service where the violation occurs. If a service is disconnected, assessment of a fee, to be determined by the Water Services Department, will be assessed and collected before service is restored. Said fee shall be in addition to other fees or charges imposed by this chapter for disconnection or reconnection of service.
Upon a second violation at the same property or by the responsible party, disconnection may be ordered immediately, and the service shall not be reconnected unless a device supplied by the Department which will restrict the flow of water to said service is installed. Furthermore, a fee for reconnection may be imposed in addition to other fees or charges imposed by this chapter for the disconnection and reconnection of service.
The Water Services Director is authorized to terminate a Stage 2 Water Warning when water allotments, deliveries, storage, or distribution system conditions are determined to be sufficient to meet consumption demand without mandatory use reduction compliance.
(Ord. No. G-3335, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Sec. 37-128. Stage 3– Water Emergency.
The Water Services Director is authorized to declare a Stage 3 Water Emergency when additional reductions in deliveries will occur to a level such that Stage 2 water use reduction measures and inter-service area water transfers, water withdrawals from City wells, and feasible water supply augmentation measures will be insufficient to meet water demands in the service area; or when a supply insufficiency due to system limitation or structural failure has occurred, and Stage 2 water use reduction measures and supply augmentation measures are either not possible or will not meet expected unrestricted demand. Such declaration may designate the entire water services area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.
Upon implementation by the Water Services Director or designated representative, mandatory water use reduction programs will be implemented and the surcharge recalculated and applied to meet the increased regulation and enforcement expenses per section 37-131 [37-130.1] below.
(Ord. No. G-3335, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Sec. 37-129. Stage 4– Water crisis.
The Water Services Director is authorized to declare a Stage 4 Water Crisis when the Director determines that, based on the severity of the crisis, additional measures must be instituted as determined by the Water Services Director to protect human health and safety. The Water Services Director shall declare Stage 4 Water Crisis when Stage 3 emergency supply and use reduction programs are insufficient to meet water demand. Such declaration may designate the entire water services area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide. In addition to any other remedy available in this chapter, the Director is authorized to set water prices in the form of a surcharge that shall be adjusted to reduce demand to match available supplies. All monies collected from surcharges in excess of replacement of revenues lost through drought-induced demand reductions and use reduction programs shall be used in a manner consistent with section 37-131 [37-130.1] below.
(Ord. No. G-3335, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Sec. 37-130. Water use reduction implementation.
During drought or other supply shortage conditions, the Water Services Director shall monitor the projected supply and demand for water on a daily basis and shall advise the City Manager on the extent of the use reduction required through the implementation and/or termination of particular use reduction stages in order for the Department to prudently plan for and supply water. Thereafter, the Water Services Director may order that the appropriate phase of water use reduction be implemented or terminated in accordance with the applicable provisions of this article. Said order shall be made by public announcement and shall be published a minimum of one time in a daily newspaper of general circulation. Applicable restrictions herein outlined shall take effect and be enforceable upon publication of the notice; except that restrictions due to water treatment or delivery system failure, or unforeseen sudden increases in demand for water, shall be enforceable immediately following the filing of intent with the office of the City Clerk. Restrictions shall remain in effect until such time as applicable restrictions are removed.
(Ord. No. G-3335, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Sec. 35-130.1. Surcharges, fees, penalties, and variances.
The assessment of surcharges, fees, and penalties is to be considered purely an exercise of the City's regulatory and police powers, and monies collected from reconnection fees, penalties, and surcharges are in no way to be considered rates for production of water revenue. Those monies shall be placed in a special fund. Said fund shall be used for, but not limited to, meeting the expenses of enforcement of this article, providing demand reduction assistance to customers, meeting demand reduction-induced cash shortfalls, or augmenting water supplies.
The Water Services Director or his designated representative may, in writing, grant variances to persons who apply, on forms supplied by the City, for usages of water not in compliance with the water use reduction programs or for relief of the drought surcharge. These variances will be granted if it is found that such water use is necessary to prevent an emergency condition relating to health, safety, extreme economic hardship; or essential governmental services such as police, fire, and similar emergency services; or for customers who have made every reasonable effort to reduce water use. Efforts made to conserve water at any time prior to onset of drought conditions may be considered in granting said variance.
(Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Editor's note: Ordinance No. G-4317, § 1, amended the Code by adding new provisions designated as §§ 37-131 and 37-132. At the discretion of the editor, these provisions have been renumbered as §§ 37-130.1 and 37-130.2, respectively, as ch. 37 already contained sections numbered 37-131 and 37-132.
Sec. 37-130.2. Limited exemption to restrictions for users of reclaimed water.
The Water Services Director, at his discretion, may exempt certain uses and users of reclaimed water from any and/or all of the water use reduction requirements and drought restrictions contained in section 37-126 (Water Alert), through and including Section 37-129 (Water Crisis). Users must apply for exemption on forms supplied by the Water Services Department as outlined in Section 37-131 [37-130.1] (Surcharges, fees, penalties, and variances). Only the use of reclaimed water may be exempted from provisions of the drought plan. Users of both reclaimed water and potable water will not be exempt from restrictions on the use of potable water, and must comply with restrictions in effect during all stages of the plan.
The Water Services Director, in the interest of equity and community acceptance of said use of reclaimed water during a declared drought, may require exempt users to clearly post notices to the effect that the water being used is not from the public drinking water supply, and that said use conforms to water use restrictions in force at the time. Failure to make such posting in a timely fashion may, at the discretion of the Director, result in loss of exemption from the provisions of the drought plan as noted above.
(Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)
Note: See the editor's note following section 37-130.1.
ARTICLE XI.
WATER ENVIRONMENTAL CHARGE*------------
Cross references: Sewer environmental charge, § 28-90 et seq.; environmental protection, ch. 40.
------------
Sec. 37-131. Definitions for Article XI.
For the purposes of this article only, the following words and phrases shall have the meanings specified in this section, unless from the content a different meaning is clearly intended.
Advanced water treatment means processes required to meet the 1987 amendments to the Safe Drinking Water Act and the National Pollutant Discharge Elimination System (NPDES) permit. These may include used water recovery, corrosion control, reduction of disinfectant byproducts, well head treatment or down-hole modifications, granular activated carbon treatment, water quality testing and monitoring and other similar programs as deemed appropriate by the Water Services Director.
Corrosion control (lead and copper) means programs implemented to reduce lead and copper in the water system and at the customer's tap.
Disinfectant byproducts reductions means programs required to reduce disinfection byproducts that are produced when natural organics in the water interact with disinfectants. The Safe Drinking Water Act amendment regulates the level of disinfectant byproducts in treated water.
Granular activated carbon treatment means a process in which nonvolatile and semivolatile organic compounds are removed through absorption on the surface of carbon particles.
Used water recovery means process required for the treatment of waste streams produced by water treatment plants and residual solids handling to meet water quality standards for discharge to receiving waters.
Water quality programs means programs required by the 1987 amendments to the Safe Drinking Water Act such as water quality testing and monitoring and customer education.
Well head treatment or down-hole modification means treatment processes to remove contaminants from groundwater at the well head or structural modification to seal wells at the level that contaminants are occurring.
(Ord. No. G-3586, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 37-132. Purpose of water environmental charge.
The purpose of the charge imposed by this article is to communicate costs for enhancing and maintaining the environment to customers by separating these costs from the costs reimbursed by water sales and to reimburse the City for costs of meeting new environmental standards at water treatment plants and environmental regulations related to water quality.
Single-family residence, rate per one hundred cubic feet $0.370 Multifamily residence: Trailer courts and all other multiple-family uses, rate per one hundred cubic feet $0.370 2. Commercial Users:
All commercial categories, rate per one hundred cubic feet $0.370 3. Industrial Users:
All industrial categories, rate per one hundred cubic feet $0.370 (b) All customers serviced directly by the City of Phoenix located outside the City of Phoenix's limits, except the Town of Paradise Valley, shall be charged monthly a water environmental rate in the amount of one and one-half times the water environmental rate for the same classification of service inside the City of Phoenix.
(Ord. No. G-3586, § 1; Ord. No. G-3749, § 1; Ord. No. G-4489, § 1b, passed 1-29-2003, eff. 3-3-2003; Ord. No. G-4572, § 1b., passed 1-21-2004, eff. 3-3-2004; Ord. No. G-4673, § 1b, adopted 1-19-2005, eff. 2-18-2005; Ord. No. G-4767, § 1b, adopted 12-21-2005, eff. 3-2-2006; Ord. No. G-4851, § 2, adopted 12-20-2006, eff. 3-2-2007; Ord. No. G-5080, § 2, adopted 1-30-2008, eff. 3-3-2008; Ord. No. 5301, § 1b, adopted 1-21-2009, eff. 3-3-2009)
Note: Pursuant to § 3 of Ord. No. G-5301, the rates set forth in subsection 37-133(a) shall be effective and enforceable March 3, 2009.
Sec. 37-134. Payment of bills and charges.
(a) All water customer accounts shall be charged the monthly water environmental rate on the monthly utility bill, which water environmental rate shall be stated separately on the utility bill.
(Ord. No. G-3586, § 1)
Sec. 37-135. Utilization of water environmental charge revenues.
(a) The City shall maintain financial records for the proper distribution of water environmental charge revenues.
(b) The utilization of the water environmental charge revenues shall be as follows:
(1) Operations, maintenance and replacement costs for advanced water treatment processes required to meet environmental regulations. These processes include used water recovery, corrosion control (lead and copper), granular activated carbon treatment, disinfectant byproducts reduction, well head treatment and/or down-hole modification, and other similar processes as deemed necessary by the Water Services Director.
(2) Additional water quality programs required by the 1987 amendments to the Safe Drinking Water Act such as treatment plant laboratory analysis and monitoring.
(3) Debt service, direct capital costs, and in lieu of property tax payments incurred for advanced water treatment facilities required because of environmental regulations. Such facilities are those listed in section 37-135(b)(1) above and other similar projects as deemed necessary by the Water Services Director as part of advanced water treatment facilities.
(4) Administrative allocation of functions that support direct advanced water treatment operations. Administrative functions include department and division indirect costs, central service costs from other City departments, and computer billing implementation costs.
(Ord. No. G-3586, § 1)
Secs. 37-136– 37-140. Reserved.
ARTICLE XII.
BACKFLOW PREVENTIONSec. 37-141. Declaration of policy; authorization.
It is declared that danger to the public health, safety, and welfare resulting from contamination or pollution of the public potable water supply system requires that measures be adopted to protect that system by authorizing City officials to:
a. Protect the public potable water supply from the possibility of contamination or pollution by preventing the backflow of contaminants or pollutants into the public potable water supply system;
b. Promote the awareness and elimination of cross connections, actual or potential, of a customer's internal potable water system with the public potable water supply system;
c. Provide for a continuing program of backflow prevention control which will prevent the contamination or pollution of the public potable water supply system;
d. Provide for the monitoring and enforcement of a continuing program of backflow prevention which will prevent the contamination or pollution of the public potable water supply; and
e. Comply with the State requirements contained in Arizona Administrative Code, title 18, chapter 4, article 232 (R184-232) entitled "Operation: Backflow Prevention" that was promulgated by the Arizona Department of Environmental Quality with an effective date of August 8, 1991, and is incorporated herein by reference (hereinafter referred to as State Rule R184-232). One copy shall be on file with the City Clerk and the Development Services Department.
(Ord. No. G-3672, § 1)
Sec. 37-142. Cross connections from or to source of water supply other than that of City.
It shall be unlawful for any customer to cause a connection to be made or to allow one to exist for any purpose whatsoever between the City water supply and any other source of water supply without the approval of the Director.
(Ord. No. G-3672, § 1)
Sec. 37-143. Responsibility for backflow prevention control.
(a) Water Services Director. It shall the responsibility of the Water Services Director to protect the public water supply by applying the remedies and enforcement provisions set forth in City Code section 37-146.
(b) Development Services Department responsibilities. It shall be the responsibility of the Development Services Director to enforce certain provisions of this chapter, as follows:
1. The Development Services Director shall administer and enforce all applicable cross connection control provisions of the Phoenix Plumbing Code, including issuance of permits for all required backflow prevention assemblies.
2. The Development Services Director shall determine whether a facility is a listed facility or activity in section 37-144 and therefore requires backflow protection. This responsibility includes inspection as necessary of all existing facilities connected to City of Phoenix water services.
3. The Development Services Director shall, as a condition of issuance of any building permit require installation of appropriate backflow prevention as required by section 37-144 and the Phoenix Plumbing Code.
4. The Development Services Director shall determine the type and location of all backflow prevention assemblies in accordance with this chapter and all other codes and ordinances of the City.
5. The Development Services Director shall keep adequate records of each test of an approved backflow prevention assembly and any subsequent maintenance or repair thereof.
(c) Customer responsibilities. It shall be the responsibility of the customer to prevent pollutants or contaminants from entering the customer's building potable water system and the public potable water system. The customer's responsibility starts at the point of service delivery from the public potable water system and includes all water piping systems. The customer is required to properly locate, install, test and maintain each backflow prevention assembly in good working condition and shall provide the necessary inspections to assure that the assembly is operating properly. These responsibilities include, but are not limited to, the following:
1. The customer shall obtain a permit from the Development Services Department for the installation of any backflow prevention assembly or for the modification of any plumbing system.
2. The customer shall test all backflow prevention assemblies at least once a year except that the Development Services Director may require more frequent testing if warranted. As to fire lines or fire sprinkler systems with backflow prevention assemblies, the initial and annual test shall be performed by a certified tester who is also permitted by the City Fire Marshal to test fire lines or fire sprinkler systems. The initial and annual test shall include a full flow test. It is the responsibility of the customer to test and submit all testing results to the Development Services Director. If the test reveals the assembly to be defective or in unsatisfactory operating condition, the customer shall perform to the satisfaction of the Development Services Director all repairs or replacement so that the assembly is in satisfactory operating condition.
3. If the Director, the Development Services Director, or customer becomes aware during the interim period between annual tests that an assembly is defective or in unsatisfactory operating condition, the customer shall perform to the satisfaction of the Development Services Director all repairs, replacement and any retesting so that the customer has an assembly in satisfactory operating condition.
4. Assembly testing shall be performed by a certified tester. Testing requirements shall be in accordance with the procedures outlined in the Eighth Edition of the University of Southern California Manual of Cross-Connection Control and Hydraulic Research (USC-FCCCHR or the Foundation) Los Angeles, CA, June, 1988 (hereinafter "USC manual"), section 9. The USC manual is incorporated herein by reference. One copy of the USC manual shall be on file with the City Clerk and the Development Services Department.
5. The customer shall be responsible for submitting copies of testing records pertaining to assemblies, on forms approved by the Development Services Director, by the date specified by the Development Services Director. The customer shall be required to retain all records for a minimum of three years from the date that a copy of the record was provided to the Development Services Director.
6. Backflow prevention assemblies shall be installed by the customer, at the customer's expense, in compliance with the standards and specifications adopted by the City.
7. In the event the customer's or the public water system is contaminated or polluted due to a cross connection or other cause, and the same comes to the knowledge of the customer, the Water Services Director and the Maricopa County Health Authority shall be promptly notified by the customer so that appropriate measures may be taken to overcome the contamination.
(Ord. No. G-3672, § 1; Ord. No. G-3774, § 1; Ord. No. G-4033, § 1, passed 7-2-1997, eff. 9-1-1997)
Sec. 37-144. Backflow prevention methods.
Unless otherwise specifically designated by the Director:
(a) An approved backflow prevention method shall be one of the following types:
1. Air gap: An unobstructed vertical distance through the free atmosphere between the opening of any pipe or faucet supplying potable water to a tank plumbing fixture or other device and the flood level rim of said tank, plumbing fixture or other device. An approved air gap shall be at least double the diameter of the supply pipe or faucet and in no case less than one inch.
2. Reduced pressure principle assembly (hereafter "RP"): An assembly containing two independently acting approved checkvalves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the checkvalves and at the same time below the first checkvalve. The assembly shall include properly located test cocks equipped with brass plugs and tightly closing resilient seated shut-off valves at each end of the assembly.
3. Pressure vacuum breaker assembly (hereafter "PVB"): An assembly containing an independently operating, loaded checkvalve and an independently operating, loaded air inlet valve located on the discharge side of the checkvalve. The assembly shall be equipped with properly located test cocks fitted with brass plugs and tightly closing resilient seated shut-off valves located at each end of the assembly.
4. Double checkvalve assembly (hereafter "DC"): An assembly composed of two independently acting, approved checkvalves, including tightly closing resilient seated shut-off valve at each end of the assembly and fitted with properly located test cocks equipped with brass plugs.
(b) Requirements for new services and existing services. An approved backflow prevention method is required for the activities or facilities listed in this paragraph that are connected to the public water system. The backflow prevention method shall be in accordance with that specified in section 7 of the USC Manual. The location shall be as close as practicable to the point of service delivery except that the customer may request that the approved backflow prevention method be located internally within the activity or facility. The customer must demonstrate that the proposed location will adequately protect the public water supply as well as satisfy the applicable requirements of this article. For purposes of this paragraph, the listed facilities, equipment or conditions shall be as defined in section 7 of the USC Manual, or if not listed in the USC Manual, shall be defined in the City of Phoenix Zoning Ordinance or Construction Code:
Industrial facilities:
(1) Aircraft and missile plants (air gap or RP).
(2) Automotive plants (air gap or RP).
(3) Beverage bottling plants (air gap, RP or DC).
(4) Breweries (air gap or RP).
(5) Canneries, packing houses, reduction plants and food processing plants (air gap or RP).
(6) Chemical plants– manufacturing, processing, compounding or treatment (air gap or RP).
(7) Dairies and cold storage plants (air gap, RP or DC).
(8) Film laboratories (air gap or RP).
(9) Laundry and dye works (air gap or RP).
(10) Metal manufacturing, cleaning, processing and fabricating plants (air gap, RP or DC).
(11) Oil and gas production, storage or transmission properties (air gap or RP).
(12) Paper and paper products plants (air gap or RP).
(13) Plating plants (air gap or RP).
(14) Power plants (air gap or RP).
(15) Radioactive materials or substances– plants or facilities handling (air gap or RP).
(16) Rubber plants– natural or synthetic (air gap or RP).
(17) Sand and gravel plants (air gap or RP).
(18) Semiconductor manufacturing facilities (air gap or RP).
(19) Sewage and storm drain facilities, reclaimed water (air gap or RP).
Medical facilities:
(20) Research laboratories (air gap or RP).
(21) Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes and clinics (air gap or RP).
(22) Veterinary hospital, animal research, or animal grooming shops (air gap or RP).
Commercial and educational facilities:
(23) Buildings: Any structure having a cross connection in violation of the Phoenix Plumbing Code or water operated sewage pumping facilities, auxiliary water supplies or other like sources of contamination which would create a potential hazard to the public water system (air gap, RP or DC).
(24) Carwash facilities (air gap or RP).
(25) Motion picture studios (air gap or RP).
(26) Multi-storied buildings having booster pumps or above-ground storage tanks (air gap, RP or DC).
(27) Multiple services– interconnected (air gap, RP or DC).
Exception: Existing facilities which are not otherwise listed in section 37-144 constructed prior to August 1, 1993.
(28) Mobile home parks (RP or DC).
Exception: Existing mobile home parks unless a specific hazard is identified.
(29) Recreational vehicle parks (RP or DC).
(30) Schools and colleges with laboratories (air gap or RP).
(31) Retail shopping centers and strip malls; retail and industrial shell buildings (when one service supplies more than one tenant) (RP).
Exception: Existing retail shopping centers and strip malls, retail and industrial shell buildings (when one service supplies more than one tenant) unless a specific hazard is identified.
Portable or temporary services or equipment:
(32) Construction sites or construction water services (air gap or RP).
(33) Mobile equipment utilizing public potable water (i.e., water trucks, street sweepers, hydro-vacs, etc.) (air gap or RP).
(34) Portable insecticide and herbicide spray tanks (air gap or RP).
Miscellaneous activities and equipment:
(35) Auxiliary water systems (air gap or RP).
(36) Chemically contaminated water systems (air gap or RP).
(37) Fire systems:
(i) Class 1 or 2: No backflow prevention assembly required. Checkvalve assemblies required by the Phoenix Fire Code shall be inspected, tested and maintained at least annually to verify the valves are properly installed and functioning. Annual flow and valve confidence tests shall be performed by a tester who is permitted by the City Fire Marshal to test or maintain fire lines or fire sprinkler systems. Test results, on forms approved by the City, shall be provided to the Director and the City Fire Marshal within thirty days following the inspection. Any fire sprinkler system which fails shall be repaired as required by the Fire Code.
(ii) Class 3, 4, 5, or 6 (RP).
(38) Industrial fluid systems. Any industrial fluid system interconnected with the public water supply and containing any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply (RP or DC).
(39) Irrigation systems:
(i) System using a chemical injection system (RP).
(ii) System having elevated areas which are higher than six inches below the PVB or multiple services (RP).
(iii) System not subject to backpressure (PVB).
(40) Restricted, classified or other closed facilities including civil works (air gap or RP).
(41) Solar heating systems– direct and auxiliary (RP).
Exception: Once through solar heating systems.
(c) The Development Services Director shall determine on a case-by-case basis backflow prevention requirements for any facility or activity not listed in this section in order to prevent contamination or pollution of the public potable water system.
(d) All assemblies shall be accessible for testing and maintenance. A reduced pressure principle assembly or double checkvalve assembly shall not be installed in a basement, meter box, pit, or vault unless adequate clearance and drainage is provided. A pressure vacuum breaker assembly shall be installed above ground.
(e) Unless a cross connection problem is specifically identified, or as otherwise provided in this ordinance, the requirements of this ordinance do not apply to single-family residences used solely for residential purposes.
(f) Close as practicable is the point nearest the service delivery where the assembly can be installed. Where the assembly installation location may interfere with obstacles such as driveways and sidewalks, then close as practicable is the nearest point after the obstacle, but in no event beyond the first tap.
(g) An air gap separation shall be located as close as practicable to the customer's point of service delivery. All piping between the customer's connection and receiving tank shall be entirely visible unless otherwise approved by the Development Services Director.
(Ord. No. G-3672, § 1; Ord. No. G-3774, § 1; Ord. No. G-4033, § 2, passed 7-2-1997, eff. 9-1-1997)
Sec. 37-145. Appeals.
An action or decision concerning the determination of the Development Services Director may be appealed to the Development Advisory Board in accordance with the procedures set forth in chapter 2, article IX of the Phoenix City Code.