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Chapter 13.20 GENERAL USE REGULATIONS
CITY OF MOAB ORDINANCE #2017-30
AN ORDINANCE REPEALING CERTAIN PROVISIONS OF TITLE 13 PERTAINING TO THE CITY OF
MOAB CULINARY WATER AND WASTEWATER TREATMENT SYSTEM AND ENACTING
NEW PROVISIONS
The following findings describe the intent and purpose in the enactment of this ordinance.
a. The City is currently undertaking the construction of a new wastewater treatment plant
(WWTP).
b. To finance the construction of the new WWTP the City has secured debt in the
approximate amount of $15 million. In conjunction with that financing the State of Utah has
requested that the City review its ordinances to assure that it has the appropriate legal
authorities to operate and manage the system.
c. Several provisions in Title 13 are dated, and the City periodically undertakes to revise its
ordinances to conform to current practices.
d. Revision of Title 13 is necessary, in part, to address pretreatment requirements as
previously authorized in the City's Sanitary Sewer Master Plan.
Therefore, Chapters 13.20 and 13.24 are amended as follows:
Chapter 13.20
GENERAL USE REGULATIONS
Sections:
13.20.010
13.20.020
13.20.030
13.20.040
13.20.050
13.20.060
13.20.070
13.20.080
13.20.090
13.20.100
13.20.110
13.20.120
13.20.130
13.20.140
13.20.150
13.20.160
13.20.170
13.20.180
Pollution of City Water Supply Prohibited.
Use of Water from Wells.
Water use during shortages -Restrictions.
City Not Liable for Damages Due to Water Shortage.
Waste of Water Prohibited.
Fire Hydrants.
Use of Water to Propel Machinery Prohibited.
Use of Water Without Payment Prohibited.
Unlawful Taking of Water.
Unauthorized Turning On of Water.
Injury or Tampering with Water Supply Prohibited.
Obstructions Prohibited.
Injury to Sewer System Prohibited.
Opening of manhole covers.
Compliance Required Prior to Occupancy.
Connection to Sewer System Required.
Sanitary Facilities Required.
Onsite Wastewater System Failure and Abatement.
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Chapter 13.20 GENERAL USE REGULATIONS
13.20.190 Privy Use Unlawful.
13.20.200 Wastewater Connection, Prohibited Discharges, and Pretreatment.
13.20.210 Graywater Systems Permitting.
13.20.220 Enforcement.
13.20.010 Pollution of City Water Supply Prohibited.
No person, shall cause or allow to occur any release or discharge of pollutants which may contaminate or pollute
any surface or subsurface source of water used for the City of Moab culinary water supply. (Prior code § 26-3)
13.20.020 Use of Water from Wells.
No person shall use or permit to be used for drinking purposes any water from any well, except from a well
constructed in accordance with provisions of this code or any other ordinance of the City. The City, after analysis
of water of any well used for potable or culinary purposes, may condemn and prevent the use of such water if the
same if found to be contaminated or unsafe for human consumption. (Prior code § 26-4)
13.20.030 Water Use During Shortages -Restrictions.
In the event of drought or any event in which water supply is deemed inadequate, or whenever, in the judgment of
the City Council it shall be necessary, the City may, upon adoption of a resolution, limit the use of culinary water
to such an extent as may be required for the public good. (Prior code § 26-5)
13.20.040 City Not Liable for Damages Due to Water Shortage.
The City shall not be liable for any damage to a water user by reason of stoppage or interruption of water supply
caused by fires; scarcity of water; accident to supply works or mains; construction or repair activities; or from any
unavoidable cause. (Prior code § 26-7)
13.20.050 Waste of Water Prohibited.
No water user shall waste water or allow it to be wasted due to defective taps, valves, leaky joints or pipes; allow
tanks or watering troughs to leak or overflow; run water wastefully from hydrants, faucets or stops or through
basins, water closets, urinals, sinks or other apparatus; use the water for purposes other than those for which he
has paid; or use water in violation of the rules and regulations for controlling the water supply.
13.20.060 Fire Hydrants.
All public fire hydrants shall be under the control of and shall be kept in repair by the Public Works Department,
and in case of fire the fire department shall have free access to such hydrants. No other person shall open or
operate any fire hydrant, or attempt to draw water therefrom, without special permission from the city, or
obstruct the approach thereto. (Prior code § 26-9)
13.20.070 Use of Water to Propel Machinery -Prohibited.
No water shall be supplied from the pipes of the City water system for the purpose of driving any motor, syphon,
turbine or other wheels, or any hydraulic engines or elevators, or for driving or propelling machinery of any kind.
(Prior code § 26-11)
13.20.080 Use of Water Without Payment Prohibited. No person shall take or use culinary water from the
City water system except from an approved connection and upon payment of all applicable rates and charges.
Any unauthorized water use shall be unlawful and punishable as set forth in this Chapter.
13.20.090 Unlawful Taking of Water.
No person shall knowingly connect or cause to be connected any pipe, tube or other instrument to any City or
private water line without authorization, or for the purpose of taking water from such line with the intent to evade
payment of water service charges.
13.20.100 Unauthorized Turning On of Water.
No person, after culinary water has been turned off at any premises due to nonpayment of charges, or for
violation(s) of this Chapter, shall turn on the water again or allow the water to be used without lawful authority.
1
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Chapter 13.20 GENERAL USE REGULATIONS
13.20.110 Injury or Tampering with Water Supply Prohibited.
No person, without authority, shall open any stopcock, valve, water meter or other fixture attached to the culinary
water system or water supply, or in any way injure, deface or impair any part or any appurtenance of the water
system or deposit any foreign object into any reservoir, tank, or other part of the water system. (Prior code § 26-
16)
13.20.120 Obstructions Prohibited.
No person shall stop or obstruct the passage of water in any street, gutter, or public sewer, storm -water pipe,
culinary water pipe, or hydrant. Approved storm -water detention/retention areas, or other similar structures
designed to capture and utilize surface runoff shall not be deemed a violation of this Section. (Prior code § 26-
17)
13.20.1130 Injury to Sewer System Prohibited. No person shall injure, break or remove any part or portion of
the City sewer system or any sewer equipment. (Prior code § 26-18)
13.20.140 Opening of Manhole Covers.
No person shall open any sewer manhole without permission from the Public
Works Director. (Prior code § 26-19)
13.20.150 Compliance Required Prior to Occupancy.
No person shall occupy any dwelling within the City without complying with the provisions of this Chapter
pertaining to sewage disposal. Any person who shall occupy or attempt to occupy any dwelling without properly
connecting to the public sewer or connecting to a lawful onsite wastewater disposal system shall be subject to a
cease and desist order from the City or the Building Official, who shall prohibit occupancy of any non -complying
dwelling or structure.
13.20. 160 Connection to City Sewer System Required.
Except as otherwise provided for in this section, it is unlawful for the owner or other person in possession of any
dwelling, building, or structure intended for human occupancy located within two hundred feet of any sewer main,
as measured from the sewer main to the nearest boundary of the subject property, to install, use, or permit to
exist any on -site wastewater system (septic system), sewage holding tank, privy or other means of storing or
disposing of wastewater on such property. The City shall cause appropriate written notice to be served upon the
owner or person in possession of such premises to disconnect the building from any such on -site system and to
connect the building to the City sewer system no later than ninety (90) days from the date of the notice. It is
unlawful for the owner or person in possession of any premises within the area described in this section to fail or
refuse to connect to the City sewer system after expiration of the time provided in the notice. The City may
approve an exception for connection to the sewer system if such exception is provided for in a duly approved pre -
annexation agreement between the City and the owner of the property in question. The pre -annexation
agreement shall require that an existing on -site wastewater system for the property is subject to inspection and
shall comply with all applicable building codes and State of Utah Department of Environmental Quality regulations.
13.20.170 Sanitary Facilities Required.
The owner of any dwelling, commercial building, or other structure used for human occupancy shall furnish such
premises with bathrooms and sanitary facilities as required by applicable building codes and shall at all times
maintain the same in a sanitary condition. No person shall dispose of or deposit any wastewater or human
excreta within the City, except in a sanitary sewer, or utilizing a lawful onsite wastewater system (septic system)
approved and constructed in accordance with the specifications of the Utah Department of Environmental Quality.
13.20.180 Onsite Wastewater System Failure and Abatement.
No property owner, tenant, or occupant, shall permit or allow any onsite wastewater system or septic tank to
overflow upon any portion of the surface of the ground; to have its outlet or overflow into any ditch, canal, water
course or surface water body; to become foul and offensive; to emit foul and noxious fumes or odors; or to be or
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Chapter 13.20 GENERAL USE REGULATIONS
remain in any manner dangerous to health or safety of any person. Any onsite wastewater system or septic tank
which is in violation of this section shall be unlawful and may be treated as a nuisance.
13.20.190 Privy -Use Unlawful.
The use of pit privies for the land disposal of human waste within the City is unlawful.
13.20.200 Wastewater Connection, Prohibited Discharges, and Pretreatment.
A. No person shall install a plumbing connection to the City wastewater treatments system without first
submitting a written application to the City and paying all applicable connection fees and impact fees. All new
wastewater connections shall be reviewed and are subject to approval by the City, which shall verify compliance
with applicable codes and construction standards.
B. Discharges to the City wastewater treatment system are limited to domestic and commercial wastewater
and sewage. The discharge of storm water, surface drainage, ground water, roof runoff, irrigation return flows,
or sump pumps into the City wastewater treatment system is unlawful.
C. The discharge into the City wastewater treatment system of the following materials shall be unlawful:
lye, alkaline materials (PH of 10 or greater), acids (PH of 5 or lower), oil, gasoline, fertilizers, pesticides, paint,
garbage, sand, dirt, grease, chemical or industrial wastes, flammable materials, toxic pollutants as defined by
U.A.C. R317-8-7.6, liquids with a temperature of 120 degrees Fahrenheit or higher, agricultural wastes, or any
substances which are deemed by the City to be: 1) injurious to the treatment works; or 2) likely to cause or
contribute to a violation of applicable Utah Pollution Discharge Elimination System (UPDES) permits.
D. Food Service Establishments (FSE) that have a potential to discharge cooking oil or grease into the City
wastewater treatment system may be required to install and maintain a grease/oil trap: 1) in conjunction with new
construction or remodeling requiring a building permit; or 2) where inspection reveals grease/oil buildup or the
plugging of a waste -water pipeline.
E. If deemed necessary pursuant to U.A.C. R317-8-8, this Chapter, or other applicable law the City may
require commercial or industrial customers to obtain and comply with a City pretreatment permit. Pretreatment
permits will be determined on a case by case basis, and may require the installation of pretreatment equipment or
the adoption of best management processes as needed. The City may establish a fee for a pretreatment permit
by resolution.
F. The City has authority to enter private property and periodically inspect for the purposes of verifying
compliance with this Chapter. Inspections may include effluent sampling, physical inspections, and/or records
reviews, as needed.
13.20.210 Graywater Systems Permitting.
A. Graywater systems may be installed, provided that the owner of the property where the system is to be
located obtains a permit from the City pursuant to this section. Graywater systems shall be defined to mean a
plumbing system for a single-family dwelling where untreated waste -water which has not come into contact with
toilet water or human waste is disposed of on -site, and not via connection to the City wastewater treatment
system. Graywater includes water from bathtubs, showers, clothes washing machines, and sinks, but does not
include: water from kitchen sinks, dishwashers, floor drains, or drains receiving chemicals or industrial wastes.
B. Graywater systems shall not be connected to culinary water systems, except where a backflow prevention
device is installed and maintained in working order at all times.
C. Notice of the installation of an approved graywater system must be confirmed by a writing, signed by the
owner and recorded in the Grand County land records as to the subject property.
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Chapter 13.20 GENERAL USE REGULATIONS
D. Graywater shall not be: i) applied to the land surface; ii) allowed to surface after disposal; iii} applied
directly to vegetable gardens; or iv) discharged directly into any ditch, canal, storm sewer, or surface water body.
The City has authority to issue a permit variance as to requirements i) or iii) if the applicant can successfully
demonstrate the use of technology which will remove contaminants and render the water safe for those activities.
All Graywater piping and equipment shall be clearly labelled to show that the water is non -potable and not safe for
drinking.
E. All graywater systems are subject to the design requirements and restrictions contained in U.A.C. R.317-
401. The City shall review and process all graywater system applications, and may establish a fee for a graywater
permits by resolution.
F. The City has authority to enter private property and periodically inspect for the purposes of verifying
compliance with this Section. Inspections may include effluent sampling, physical inspections, and/or records
reviews, as needed.
G. The use of any unpermitted graywater system or any graywater system which does not comply with the
provisions of this Section shall be unlawful.
13.20.220 Enforcement.
A. Violations of this Chapter may be enforced as follows:
1) The City may assess a civil fine which shall not exceed the sum of five hundred dollars ($500.00) per
violation. In the event of continuing or repeat violations, the fine shall be capped at five hundred dollars
($500.00) per day.
2) The City may commence a civil action to enjoin or abate any violation, or compel any person to come
into compliance. In any such proceeding the City need only establish proof of the violation to obtain relief, which
shall be granted without the posting of bond.
3) The City may commence an action for damages, repair costs, or recovery of other losses resulting from
the violation.
4) In conjunction with the above remedies the City may add any sums that are owing to the water/sewer
service account which serves the property where the violation(s) occurred. Failure to pay the sums owing may
result in disconnection of culinary water service to the subject property until such time as all sums are paid, subject
to the procedures specified in Section 13.24.050.
5) In lieu of civil enforcement, the City may prosecute any violation of this Chapter, which shall be
punishable as a Class B misdemeanor, as otherwise provided by Utah law.
B. Except in the case of an emergency, prior to invoking any remedies under this Chapter the City shall first
deliver written notice to the person in violation, who shall be given a reasonable period of time, but not less than
ten (10) days in which to cure or abate the violation, or otherwise come into compliance with this Chapter.
C. The City has authority, without resort to legal process, to take any steps it deems necessary to repair or
abate any condition as to the culinary water or wastewater system which constitutes an immediate risk to public
health or safety.
D. In any judicial enforcement action the City shall be entitled to recover its reasonable attorney fees, in
addition to any other relief.
Moab Municipal Code
Chapter 13.28 DRINKING WATER SOURCE
PROTECfION
Chapter 13.24
RATES AND CHARGES
Section 13.24.020 is amended as follows:
Page 6/6
13.24.020 Sewer rate schedule.
The sewer rate schedule shall be adopted by resolution of the City Council. If deemed necessary, the City may by
resolution specify additional (or excess) sewer rates for users that discharge wastewater in excess of that defined
for an Equivalent Residential User (ERU) as to Total Dissolved Solids (TSS) or Biochemical Oxygen Demand (BOD).
Additionally, the City may specify an additional rate for any user which may cause the City to incur increased costs
for handling and disposal of excess sewage sludge. Costs associated with treating inflow and infiltration flows
into City sewer pipelines will be borne by all rate payers. (Ord. 99-17, 1999: Ord. 98-15, 1998)
Approved by a majority vote of the Moab City Council. Dated this 11th day of July,
2017. This ordinance shall take effect twenty days from the date of publication.
David L. Sakrison, Mayor
ATTEST:
1,001 Ith-C-04) ti-a)
Rachel Stenta, Recorder
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