Needles Municipal Code Art. 17-I Terms And Conditions For The Sale Of Wastewater Collection And Treatment…

The following terms and conditions and any changes authorized by the City Council or law will apply to the sale of wastewater collection and treatment service within the City of Needles under the established rate or rates authorized by the City Council and currently applicable at time of sale. 1. General.

9. Service use regulations.

a.) nonpayment of delinquent service bills; b.) nonpayment of service establishment charges; c.) nonpayment of security deposits; d.) nonpayment of returned check charges; e.) nonpayment of late charges; f.) nonpayment of collection charges; g.) and/or to declare past due service bill amounts, past due service establishment charges, past due security deposits, past due returned check charges, and past due collection charges subject to a late charge at the rate of eighteen percent (18%) per annum.

All-suitable easements and right-of-way required by the City for any portion of the extension which is on premises owned, leased or otherwise controlled by Customer shall be furnished in City’s name by the Customer without cost to City and in reasonable time to meet proposed service requirements. All easements and right-of-way obtained on behalf of City shall contain such terms and conditions as are acceptable to the City.

6. Service connections.

Customer shall install and maintain all premise connection sewers and the interconnection to the sewer main. Such installations shall comply with requirements of the City's Conditions Governing Extensions of Wastewater Collection and Services.

7. Termination of service.

City may without liability for injury or damage discontinue service to any Customer without notice under any of the following conditions:

a) The existence of an obvious hazard to the health or safety of persons or property. b) Failure of Customer to comply with curtailment procedures imposed by City during a supply shortage. c) Failure of Customer to comply with the terms of any payment amortization agreement or contract. d) City has evidence of unauthorized resale or use of wastewater collection and treatment services. e) The City shall have the right (but not the obligation) to remove any and all of its property.

If a customer is not satisfied with the investigation and/or action completed by the City's utilities office, the Customer should elevate the inquiry or complaint to the next level within the City staff, in the order recommended below.

(a) Utility Business Manager or Supervisor (b) Public Utilities General Manager (c) City Manager

A customer may request a special use exemption for a prohibited activity. The request must be in writing and shall be submitted to the public utilities general manager and approved by the Needles board of public utilities. The request must explain why the exemption is being sought, the benefits the customer will receive from such exemption, the approximate amount of waste or wastewater discharged, and the desired time period of the exemption. Approval must be received prior to customer using service for a prohibited activity.

10. Industrial waste and wastewater.

All Industrial Wastewater discharges shall be required to pay an Industrial Wastewater Discharge Permit tee at the time of submittal of application and at the time of renewal.

11. Grease, oil, sand and lint interceptors.

Grease, oil, sand and lint interceptors shall be provided when, in the opinion of the City, they are necessary to the properly collect and treat wastewater containing grease in excessive amounts or other flammable wastes, or sand, lint or other harmful ingredients, except that, such interceptors shall not be required for private single-family residences. Interceptors shall be located in an accessible1ocation for easy cleaning and inspection. Installation and maintenance expense shall be by customer. Maintenance shall be scheduled and completed by customer in a manner that ensures continuous and efficient operation at all times.

12. Vehicle servicing facility requirements.

13.2 If the City determines that a customer is not properly servicing or maintaining a customer-owned lift station., the City may, at its discretion, either disconnect service to the premise(s) or enter on the customer's premise(s) and do such things and expend such sums as may be necessary to abate the problem(s), after providing the customer with a five-day notice of correction. If in the opinion of the city the lift station problems present an imminent hazard to the public, the City may either interrupt service or make repairs to the lift station without notice. Customer shall reimburse the City for any such expenditures required.

14. Disposal of wastes from permitted waste haulers.

15.5 Any person desiring a permit for the installation, enlargement, use, replacement or regeneration of an ion-exchange water treating device shall apply to the City and shall submit information to support claims that the proposed operation will conform to the qualifications of Section 15.4, and such other information as may be requested. If the City finds that the information furnished by the applicant is sufficient to show that the operation meets the qualifications of Section 15.4, a permit shall be issued. The permit shall state the conditions that the applicant must meet and may include a requirement that the applicant submit periodic reports to the City. The required frequency of the reports and the contents thereof shall be as determined by the City. The permit may also include a requirement that the applicant install facilities for convenient sampling of the wastewater stream.

16. Curtailment.

When the availability of service is restricted and a reduction of service is required to maintain the integrity of part or the total wastewater collection and treatment system, the Customer will be notified by the city to reduce or terminate use of service. Such notifications may be made by mail, phone, or in-person. The city will curtail service on a proportionate basis, where possible. Customers, who refuse or do not comply with curtailment requirements, may be terminated by the city. A service re-establishment charge of $200.00 will be assessed for a first time violation, $500.00 for second violation, and'$1000.00 for a third violation. A customer who violates curtailment requirements more than three times may not be allowed to reestablish service.

17. Successors and assigns.

Agreements for service shall be binding upon and for the benefit of the successors and assigns of Customer and City, but no assignments by Customer shall be effective until Customer's assignee agrees in writing to be bound and until such assignment is accepted in writing by the city.

18. Warranty.

There are no understandings, agreements, representations or warranties, expressed or implied (including warranties regarding merchantability or fitness for a particular purpose), not specified herein concerning the sale and delivery of wastewater treatment and collection services by the City to the Customer. These Terms and Conditions state the entire obligation of the City in connection with such services.