1982-03 Establishing the Policy for Water and Sewer Activities1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. 82 -3 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH, KODIAK, ALASKA, ESTABLISH-
ING THE POLICY FOR WATER AND SEWER ACTIVITIES.
WHEREAS, the Kodiak Island Borough Assembly has by Resolution
(81 -63 -R) on September 3, 1981 accepted the task of billing and maintenance and
operation for all utility accounts outside the corporate limits of the City of
Kodiak, and
WHEREAS, the population growth of the Island Lake and Spruce Lake
areas is anticipated to continue, and
WHEREAS, the Kodiak Island Borough has made application to the State
of Alaska for capital project funds for use in this area to develop appropriate
water and sewer lines, and
WHEREAS, the State of Alaska has approved the initial request and has '
responded with an advance of funds for the necessary water and sewer lines.
NOW, THEREFORE, BE IT ORDAINED that Title 13 of the Kodiak Island
Borough Code is established to read as follows:
TITLE 13
PUBLIC UTILITIES
Chapters:
13.01 General Regulations
13.02 Water System Regulations*
13.03 Sewer System Regulations **
13.04 Administration, Enforcement, Penalties
Chapter 13.01
GENERAL REGULATIONS
Sections:
13.01.010
13.01.020
13.01.030
13.01.040
13.01.043
13.01.047
13.01.050
**
Purpose.
Definitions.
Connections required.
Applications for water and /or sewer service connections.
Security deposits.
Refund of security deposits.
Unauthorized hookups.
For statutory provisions authorizing the
provide municipal water services, see AS
schedule is on file in Borough Cashier's
For statutory provisions authorizing the
exercise of the power necessary to ,
29.48.030(a)(11) and (b). Rate
office.
i
exercise of the power necessary to
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13.01.060 Connections - From main to premises.
13.01.070 Connections - Repair responsibility.
13.01.080 Connection - Cost computation.
13.01.090 Excavation - Permit required.
13.01.100 Several properties supplied by one connection.
13.01.110 Supplying others - permit required.
13.01.120 Billing.
13.01.130 Rates - Service classes
13.01.140 Residential rate reduction for senior citizens.
13.01.150 Charges - Effective date.
13.01.160 Charges - Lien - When.
13.01.170 Vacancy
13.01.180 Government or public premises.
13.01.190 Construction Standards.
13.01.200 Capital projects.
13.01.010 Purpose. At the enactment of this ordinance, the Kodiak Island
Borough did not own or operate any water or sewerage treatment plants or
;facilities. These regulations were approved and adopted only as a conduit for
!billing, collection and remission to the City of Kodiak for services received
;via the City facilities. Increased charges to customers served over that bill .
to the Borough by the City will be only that amount necessary to administer and
maintain the utility systems.
13.01.020 Definitions. As used in this chapter, the following definition
shall apply:
A. "Commercial" means a premise used for commercial or business purpose
and discharging a quality of sewage essentially similar to that of a single -
family dwelling.
B. "Industrial" means a premise used for manufacturing or industrial
purposes which discharges industrial waste, sanitary waste, and sewage by reason'
of the manufacturing or industrial process involved, or discharges chemicals or
putrescible materials.
C. "Service unit" means a unit of measure which is equal to the sewer
usage of an average single - family unit which, for the purpose of this chapter,
is determined to be that of a single - family unit whose average water consumption)
is seven thousand five hundred gallons per month, such unit being used to equate
the sewer usage of a commercial customer to a residential customer.
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D. "Single - family unit" means a dwelling unit designed, improved, or used
s a residence for one family only. Each unit in a multiple- family dwelling or
ach trailer or mobile home not in a mobile home park shall be a dwelling unit.
13.01.030 Connection required. Every owner of property or a residence
sing or having occasion to use water and /or sewer in the Borough, on that premise
hether leased, used, occupied, or owned by him, shall establish individual
ervice connections with the nearest Borough water and /or sewer main in the
anner and following the procedure hereinafter set forth in this chapter.
rovided, however, that this provision shall have no application as to any person
here the property line of the premise in question lies more than two hundred
eet from the nearest water and /or sewer main.
13.01.040 Applications for water and /or sewer service connections.
A. All applications for water and /or sewer service connections shall be
lnade to the Borough Cashier on forms provided by the Borough.
B. If the water and /or sewer line must be tapped to provide service to the
applicant and the property to be serviced has not been charged for the service
( connection as part of a locdl improvement district, the applicant shall pay the
cost of the labor, equipment, and materials used, plus a percentage for
administration and inspection costs, as established by Resolution of the
Borough Assembly.
C. Prior to installation of a water and /or sewer service connection, the
applicant shall deposit with the Borough an amount estimated by the Borough
ngineer to cover the cost of the service connection. If the actual costs
xceed the amount of the deposit, the Borough will bill the applicant for the
•ifference. If actual costs are less than the deposit, the difference shall be
refunded.
D. All new water and /or sewer service connections shall be designed and
onstructed in compliance with applicable codes and in accordance with acceptable
onstruction practices. Each service connection shall be inspected by the
:orough and /or City prior to burial to determine source of service, compliance
ith established Borough /City construction standards and general integrity of
he connection. No sewer connection will be permitted if it will allow the
inflow or infiltration of material from non - sanitary sources.
13.01.043 Security deposits. The Borough will require a security
•eposit on all new accounts. The amount of this deposit will be not less than
1 1
an average two months normal billing. Such deposits will not be subject to any
interest earnings.
13.01.047 Refund of security deposits. Security deposits will be refunded
to the individual in the following instances and in the manner prescribed:
A. Termination of service. Upon termination of service the deposit will
first be applied against any amounts owing and then the residual will be refunded
to the individual.
B. One year of prompt payment. Any individual who has proven his financial
responsibility by making payments promptly for service rendered for a period of
one year or more will be refunded any deposit on the books.
13.01.050 Unauthorized hookups. Those individuals who have enjoyed the
services provided by unauthorized hookups prior to the date of the passage of
this ordinance, will have a period not to exceed sixty (60) days to make
application and legalize such hookups. After this two month grace period, any
representative, inspector or other employee of the City or Borough discovering
an unauthorized hookup will cite such unauthorized act in writing to the
Borough Manager.
13.01.060 Connections - From main to premises.
A. All pipes and appurtenances from the main to the property line shall
be installed by the Borough, or its contracted maintenance firm, at the exp
of the consumer.
B. All pipes and appurtenances between the property line and the consumer's
premises shall be installed at the consumer's expense, and by a qualified
contractor.
13.01.070 Connection - Repair responsibility. The Borough will keep in
repair all connections at and from the main to the property line, and the
consumer will be responsible for all pipes and appurtenances on his property.
13.01.080 Connection - Cost computation. When an application has been
made to the Borough Cashier for water and /or sewer service connection, the same
will be installed as soon as practicable by the Borough. The work to be done by
,the Borough shall be all work between the main and the property line, and all
material and labor used in making such connection shall be charged on a
"cost plus percentage" basis, as determined by Resolution of the Borough Assembl
to cover costs.
13.01.090 Excavation - Permit required. A permit must be obtained from
the Borough Engineer's office before any excavation shall be made in any s
Viand /or
use of
sewer service exist at the time of enactment of this ordinance for the
several properties or families from one connection, the party owning the
connection will be held responsible for all charges as though he were the owner
of the properties benefited by the connection. The terms of this section do not
abrogate the provisions of sections 13.01.030 as improvements are made to the
'system.
13.01.110 Supplying others - Permit required. No
Q person supplied with
'water and /or sewer service from the Borough mains shall be entitled to use it
for supplying other persons or families, or for any other purposes, without a
permit from the Borough Engineer's office having first been obtained. Permits
will be issued only in the case of properties over two hundred (200) feet from
H the nearest main. In any event, multiple connections will be prohibited when
! water and /or sewer service is reasonably available.
13.01.120 Billing. Accounts will be maintained in the name of the owner
I ior occupant as provided at the time of application for services. The billing
li
laddress or addressee may be changed periodically for the convenience of the
!■customer, realizing that ultimately any delinquent amounts may be addressed as a
filien against the property owner. Billings for service will normally be in the
I .
l icustomer's hands prior to the tenth (10th) of the subsequent month and are due
is
'not
later than the fifteenth (15th). Non - receipt of a bill does not alter the
due or delinquency dates.
13.01.130 Rates - Service classes. The user charge system shall be
!reviewed periodically to assure that each user is paying a proportionate share of
applicable costs. The service charge for equivalent service units and categories
of service shall be adjusted as necessary to reflect costs. Rates and classes of
'service shall be established by Resolution of the Borough Assembly, and may be
!changed at any regularly scheduled meeting of the Assembly with prior notice to
the Service District.
13.01.140 Residential rate reduction for senior citizens. Whenever a
'person sixty -five years of age or over applies for and is primarily responsible
for the water and /or sewer service costs at a residence occupied by him or her
land where he or she is the head of the household, the rate for water and /or
sewer usage shall be one -half the usual rate for residences.
13.01.150 Charges - Effective date. Water and /or sewer service shall be,
deemed to be provided and water and /or sewer charges shall become effective
Ordinance No. 82 -3 -0
with regard to preuases connected directly or indii...:tly to the system on the
date of such connection.
13.01.160 Charges -lien - When. Every charge to a person made by the
Borough in connection with the construction, installation, or repair of any
water and /or sewer service or for water furnished for consumption constitutes a
lien chargeable against the property, and has a status the same as if the charge!
has been levied or assessed as a property tax. The lien may be foreclosed by
the Borough in the same manner as any other lien or mortgage against the property
for nonpayment.
13.01.170 Vacancy.
A. No reduction of charges will be made on partially vacant or vacant
premises.
B. Service may be disconnected for periods of vacancy of not less than
six (6) months upon application to the Borough Cashier and payment of
disconnect and reconnect fees as established by 13.01.080.
13.01.180 Governmental or public premises. The provisions of this chapter
shall apply to governmental or public premises in the same manner as to premises:
which are not governmental or public.
13.01.190 Construction Standards. The City of Kodiak Standard Construction
Specifications as adopted in February, 1978 and any subsequent revisions ado'
by the City are hereby adopted by reference and incorporated within this
ordinance and shall be used in administering the provisions of this Chapter.
13.01.200 Capital projects. Capital projects for improvement and /or
expansion of the systems will be initiated and administered in accordance with
the provisions of Chapter 4.40 of the Kodiak Island Borough Municipal Code.
CHAPTER 13.02
WATER SYSTEM REGULATIONS
Sections;
13.02.010 Turn on, turn off authority.
13.02.020 Depth of pipes, curb stop to premises.
13.02.030 Meters
13.02.040 Access to curbstops and meters
13.02.050 Shut off without notice.
13.02.060 Delinquency and penalty.
13.02.070 Service discontinuance for noncompliance.
13.02.080 Water shortages - General
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13.2.010 1171 ol, turn off authority. No , :son except as authorized by
the Borough Manager or his designee shall turn on or off any corporation stop,
curb stop or valve, or in any manner disturb the Borough water system. Where
repairs to service, from curb stop to buildings are necessary, persons may turn
off curb stop for only such time as is required to make such repairs.
13.02.020 Depth of pipes, curb stop to premises. All pipes leading from
curb stop to premises shall be laid at sufficient depth and covered in such a
manner as to be protected from freezing (sixty inches being the minimum depth),
or protected with adequate insulation.
13.02.030 Meters. The Borough shall require installation of a remote
readout water meter on any new service, for the purpose of measuring water sup-
plied to the premises by such service. If required, the meter will be installed
at the property line and the recorder will be installed on the exterior of the
customer's building.
13.02.040 Access to curb stops and meters. Borough designated personnel
shall have free access to curb stops and meters at all times, and all persons
are prohibited from piling rubbish or other material thereon.
13.02.050 Shutoff without notice. Water may at any time be shut off
from the mains without notice, for repairs, extensions, or other necessary
purposes, and persons having connections requiring steady pressure are cautioned
of this danger.
13.02.060 Delinquency and penalty. All accounts that are unpaid after
the fifteenth (15th) of the month will be considered delinquent. All delinquent
accounts will be listed on a "shut -off" register and a copy of such register
will be made available to the Borough Manager. Accounts on the shut -off regis-
ter may be disconnected from service. No service will be reinstated until the
following actions have occurred:
1. The orginal delinquent amount has been paid;
2. The full two months deposit has been made; and
3. A deposit equal to the estimated costs of disconnecting and rein-
stating the service has been paid, with total cost to be determined as set
forth in 13.01.080. Any excess deposit will be refunded, and any balance due
will be billed on the next monthly billing.
13.02.070 Service discontinuance for noncompliance. If the consumer
fails to comply with any of the regulations of this chapter or subsequent
ordinances governing or pertaining to the distribution of water by the Borough,
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time amended, the Borough shall have the right forthwith to discontinue service
to such customer until compliance is had or assured. Service may be discon
tinued by the Borough to every person who is in default in the payment of the
rate or rates he is required to pay under the provisions of this chapter for a
period of thirty days after the same has become delinquent. When service has
been discontinued, it will be renewed under a proper application, when conditions
under which the service was suspended are corrected, and an the payment of all
charges provided in the schedule of rates and with the payment as required in
13.01.080 and 13.02.060 of this ordinance.
13.02.080 Water shortages - General. All provisions of City of Kodiak Codp
pertaining to emergency declaration, user categories, shortage definitions, use
restrictions, and allotment provisions will apply to all consumers connected to
the Borough water system.
13.02.090 Water shortages - Penalties.
A. Extreme water shorgage - Water waste - Penalty. Any person, firm, or
corporation wasting water, or using more than his or its allotted water during
an extreme water shortage, shall be subject to a civil penalty of one ($1) dollar
per gallon used over the allotted quota.
B. Critical water shortage - Water waste - Penalty. Any person, firm, c..
corporation wasting water, or using more than his or its allotted quota during al
critical water shortage, shall be subject to a civil penalty of ten ($10) dollars
per one hundred gallons of water used over his or its allotted quota.
C. Water shortage - Water waste - Penalty. Any person, firm, or corpora-
tion wasting water, or using more than his or its allotted quota during a water
shortage, shall be subject to a fine of not more than five hundred ($500) dollars
or imprisonment in jail not to exceed thirty (30) days or both such fine and
jail sentence if found guilty.
13.02.100 Water cut off without recourse. Any person, firm, or corporatiop
found to be wasting water or using more than his or its allotted quota during an'
water shortage as described shall be subject to having his or its water supply
cut off immediately and without any recourse by the person, firm, or corporation
against the Borough, or any official thereof.
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Sections:
13.03.010 Septic tanks and cesspools - Permitted when - Nuisance when.
13.03.020 Charge for sewer services.
13.02.030 Service charge discontinuance.
13.03.040 Residential service.
13.03.050 Commercial service.
13.03.060 Industrial service.
13.03.010 Septic tanks and cesspools - Permitted when - Nuisance when.
Every owner of property or a residence using or having the occasion to use sewer
in the Borough on that premise whether leased, used, occupied, or owned by him,;
shall establish individual service connections with the nearest Borough sewer
main, except, in areas of the Borough where sanitary sewers have not been
provided or are not accessible to any residence or other building within a
distance of two hundred (200) feet therefrom, cesspools and septic tanks, of
design and location so as to meet with the written approval of the State
Sanitarian may be constructed; provided, however, that as soon as the Borough
constructs sanitary sewers in these areas, the cesspools and septic tanks, shall
within ninety days be abandoned, filled up, or removed by any owner or builder
thereof whose property line is within two hundred (200) feet of the sewer lines,
and should the owner of the same fail to comply herewith, the Borough Assembly
may condemn them as nuisances and proceed to remove and fill up such cesspools
and septic tanks and to connect the owner's facility to the sewer line at the
expense of the owner and the costs thereof shall be assessed against the
property and collected with interest and costs,
13.03.020 Charge for sewer services. Every person provided with sewer
services to a premise outside the corporate limits of the City and inside a
sewer service district shall pay a sewer service charge based upon rates
established by Resolution of the Borough Assembly per equivalent service unit
for each month or portion of a month exceeding fourteen (14) days.
13.03.030 Service charge discontinuance. When any premise's water utilit*
has been disconnected for any reason, the sewer service charge will be dis-
continued.
13.03.040 Residential service. The monthly charge for residential sewer
service is one service unit for each single - family dwelling.
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1 2 1CH4PTER 13.03
SEWER SYSTEM REGULATIONS **
11.03.OS0 Commercial service. A. The monthly champ fnr commercial sewe'
1. Retail stores, offices, warehouses, and fish processors. One service
unit for not more than six employees and one unit for each additional increment
of not more than six employees;
2. Hotels, motels and dormitories. One -half service unit for each room
or unit served by bathing and /or toilet facilities. Hotels and motels with
cooking facilities shall pay an additional one -half service unit for each
room with cooking facilities;
3. Trailer courts and mobile home parks. One service unit for each rental!
space that is or may be used for hiring purpose to which sewer service is
available;
4. Dining facilities. One service unit for each two hundred (200) square
feet of patron area or portion thereof in a restaurant, bar, cafeteria, cocktail)
lounge or similar establishment;
5. Hospitals, rest homes and convalescent homes. One service unit for
each three beds or fraction thereof;
6. Gas stations. Two service units each;
7. Schools. One service unit for each twenty (20) persons in average
daily attendance at a public or private elementary school, high school or
college. For the purpose of this subsection, average daily attendance is based
on actual attendance which includes persons who are students, teachers and all
school staff and administration;
8. Churches. One service unit for each church;
9. Theaters and auditoriums. One service unit for each three thousand
five hundred (3,500) square feet of net floor area or fraction thereof;
10. Laundromats. Three- fourths of a service unit for each washing machine 1
in any washing facility, the use of which is not strictly limited to occupants ofi
the residential buildings, trailer court, or mobile home park in which the
facility is located.
B. Combined facilities. For each building that has more than one type of
business or function on ane sewer system, the number of service units to be
charged is the sum of the individual service units which are applicable to the
facilities involved.
C. In any case where a commercial customer is not specifically listed
above, the Borough Engineer or his designee may determine which category, 1
through 10 of subsection A of this section, the customer most closely resembles
iT n11.1R*1t,r .fnrl nlln14t, nc en..n.... n.11,,,,t
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D. The minimum service charge for a person receiving commercial service
is one service unit.
E. In the event that a building is devoted to a business involving special,
water - consuming devices or equipment, the Borough Engineer or his designee may
establish a special rate therefor pursuant to the formula contained in
Section 13.03.050.
13.03.0 Industrial service. Customers in the industrial category shall
pay a metered rate according to the following formula:
Monthly Rate - V V + b B + so S1
V ■ Average unit cost of transport and treatment chargeable
to volume, S /gal.
b = Average unit cost of treatment, chargeable to BOD, $ /lb.
s = Average unit cost of treatment, chargeable to SS, $ /lb.
VI = Volume of waste water from industrial users, gal /month.
81 = Weight of BOD from industrial users, lb /month.
SI = Weight of SS from industrial users, lb /month.
BOD = 5 -day biochemical oxygen demand.
SS = Suspended solids.
Chapter 13.04
ADMINISTRATION, ENFORCEMENT, PENALTIES
Sections:
13.04.010 Administration.
13.04.020 Administrative enforcement action.
13.04.030 Appeals from Borough Engineer.
13.04.040 Appeals - Hearing and decision.
13.04.050 Penalties and remedies.
13.04.010 Administration.
A. The Borough Engineer, or his authorized representative, shall be
responsible for administration of the provisions of this Title.
B. The Borough Manager shall review and act upon appeals from decisions of
the Borough Engineer.
13.04.020 Administrative dnforcement action.
A. In any situation in which the Borough Engineer, or his authorized
representatives has reason to believe that the public health, safety or welfare
requires corrective action, he may:
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1 ` for investigative purposes at all reasonable
1, Exercise the right of entry If such entry is refused,
on resentation of proper credentials.
times and up P resentative, shall have recourse to
or his authorized rep
i the Borough Engineer,
'every remedy provided by law to secure entry.
Z. Order any work being done contrary
to the provisions of this Title to
ed by serving notice on any persons engaged in the doing or causing the
I to be done, and any such p
'I aut or ized in writing to proceed. be stopped ersons shall forthwith stop such work until
I If the order is issued verbally, a written
h
regular work day
i order shall be issued prior to the conclusion of the next
',stating the nature of the work to be stopped• the public health,
i � 3. Order the abatement of any condition affecting
If the order is given verbally, a written order shall be
safety an
d welfare.
(issued prior to the conclusion of the next regular work day setting forth the
jlnature of the abatement action and the time allowed for compliance.
I \ laint by a citizen, or upon his own
initiative, the Borough
Engineer may, after investigation B. Upon comp against any
initiate criminal proceedings ag
I rosecutions for failing to
person for the violation of this Title. Except for P the Borough
of this section,
d under subsection A.
\comPlY with an
order issue rosec�
10
% Engineer shall give at least ten (10) days written notice of intent to p
may initiate criminal proceedings only if the violation is not cured, an
, and Y ro riate
erson who is the subject of the notice fails to seek app P
if the p eriod.
administrative relief within the notice p
13.04.030 A eals r
from Borou h En ineer.
A. A decision of the Borough
Engineer or his authorized representative,
under this Title, is final unless app
(10) days of the mailing of notice of the decision.
filing with the Borough Manager a written notice of
the reason for the appeal and the relief sought.
B. An appeal may be brought by any person
\ \Borough Engineer in whole or in p art.
II
led to the Borough Manager within ten
A appeal is commenced by
specifically stating
appeal,
aggrieved
by
the
decision
appealed, or any government agency.
13.04.040 A
eals - Hearin and decision.
A. The Borough Manager shall review the record and hear evidence and
arguments presented by persons affected in the appeal.
B.
The Borough Manager shall either affirm or reverse the decision of tF
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C. The Borough Manager's decision on an appeal shall be mailed to the
parties to the appeal within ten (10) days of the decision, and shall state the
reasons for the decision in a reasonably specific manner so as to provide a
clear and precise understanding of the decision.
13.04.050 Penalties and remedies.
A. A person who violates any provision of this Title, or any order issued
under Section 13.04.020A is guilty of a misdemeanor and, upon conviction, is
punishable by a fine of not more than five hundred ($500) dollars for each day
of violation.
B. The Borough or any aggrieved person may bring a civil action to enjoin
any violation'of this Title, or the violation of any order issued under
,Section 13.04.020A, and to obtain damages for any injury the plaintiff suffered
as the result of the violation. An action for injunction under this section
may be brought notwithstanding the availability of any other remedy. Upon
application for injunctive relief and a finding of an existing or threatened
violation, the Superior Court shall enjoin the violation.
PASSED AND APPROVED this 4th day of
the Kodiak Island Borough Assembly.
ATTEST:
By
Borough C1eTk'
First Reading,
Second Reading,
Effective Date:
Recommended By:
KODIAK IS D BOROUGH
By
o •ugh Mayor
February
Approval Date: January 6, 1982
Public Hearing, Approval Date: February 4, 1982
February 4, 1982
Borough Manager
, 1982 by