13.2.010 Title

This chapter shall be known as the Great Falls Water, Sewer and Storm Drainage Code, may be cited as such, and will be referred to in this chapter as "this code." (Ord. 2645, 1993).

13.2.020 Applicability of code

The rules and regulations of the City set out in Title 13 are made a part of the contract with every individual, firm or corporation who takes water or connects to the City water/sewer system, and every such individual, firm or corporation agrees, in making an application for water, sewer or storm drainage to be bound thereby.  

In all cases wherein by the rules set out in this chapter any discretion is vested in City personnel, such discretion shall be subject to the control of the Great Falls City Commission.  (Ord. 2645, 1993; Ord. 2529 (part), 1989 § 13.28.010 and 13.28.020; Ord. 2386  Exh. A (part), 1985 § 13.20.360; Ord. 2356 Exh. B (part), 1984 § 13.08.010, 13.08.270, 13.08.350).

13.2.030 Purpose

The purpose of Title 13 is to provide standards to safeguard life, health, property and public welfare of the inhabitants of the City and for the purpose of controlling the use of the water, sewer and storm drain systems by regulating and managing the design, quality of materials, construction, location and maintenance; to charge and collect service fees upon all lots, lands, property and premises served or benefited by the said systems. The purpose of the rates and charges shall be to generate sufficient revenue to pay all costs for the operation and maintenance, administration and routine functions of the existing and such future facilities as may be established within, or without the service area. The water, sewer and storm drain systems and facilities consist of all pipelines, conduits, manholes, clean outs, water/sewer mains, storm drains, intercepting sewers, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and or disposal of water and sewage or sewage by products. (Ord. 2645, 1993; Ord. 2529 [part], 1989, prior code § 13.24.010, 13.28.010; Ord. 2386, Exh. A (part), 1985, prior code § 13.20.010, 13.20.350, 13.20.540).

13.2.040 Rates – general

All rates or fees for use of the utility systems or for permits, licenses, connections or inspections shall be defined by resolution and approved by the City Commission. The City reserves the right to develop and implement separate rate schedules for classes of users not specified elsewhere in this title. (Ord 2645, 1993 (part); Ord. 2532 §2, 1989, prior code § 13.20.481).

13.2.050 Rates--complaint—procedure

The rates, charges and rentals specified in Title 13 shall be deemed prima facie fair, reasonable, and equitable. In any case where any contention is made that the rates are unfair, inequitable or unreasonable, the party objecting thereto shall apply to the City, stating the facts and grounds of complaint, and the City shall investigate and report with recommendations to the City Commission. (Ord. 2645, 1993; Ord. 2386 Exh. A [part], 1985, prior code §13.20.530 (part)).

13.2.060 Billings—payments

Billings for utility services will be made monthly. Payments shall be made at the Fiscal Services Department within ten days after the billing date. If not paid before the fifteenth day after the billing date, the right is reserved to discontinue the service after a reasonable written notice. (Ord. 2645, 1993; Ord. 2356 Exh. B (part), 1984, §13.08.260 (part)).

13.2.070 Service area

The utility system service area shall be:

1. Inclusive of all premises annexed to the City and bounded by the incorporated City limits, as such limits may be adjusted by the City Commission; and
2. Restricted to those premises abutting a public right-of-way or easement and directly adjacent to a sanitary sewer or water main location therein. The sole exception thereto shall be those buildings and service lines in place and legally existing prior to the adoption of the ordinance codified in this section. (Ord. 2645, 1993; Ord. 2529 (part), 1989), §13.24.040 (part); Ord. 2386 Exh. A (part), 1985, prior code §13.20.160 (part); Ord. 2356 Exh. B (part), 1984, prior code §13.08.020 (part)).
3. Notwithstanding the limitation of the service area described in paragraph A and B, the service area may be extended beyond the corporate City limits by a contract for utility and all other City services until an election satisfies the requirements of Article VIII, Section 17, of the Montana Constitution, whereupon, the extended area of service must be annexed to the City. Paragraph C, hereof, shall expire and be of no effect should Article VIII, Section 17, of the Montana Constitution be held unconstitutional or otherwise abrogated. (Ord. 2749, 1999)

(Codifiers Note: 13.2.070 is commonly referred to as "Virtual Annexation.")

13.2.075 Annexation requirements

Property owners of parcels located outside the city limits receiving city water and/or sewer service must consent to annexation into the city of such parcels as a condition of continuation of city water and/or sewer service. Failure of the property owners to consent to such annexation into the city will result termination of water and/or sewer services to such parcels located outside the city limits. (Ord. 2930, 2006)

13.2.080 Private water or sewer systems

There shall be no physical connection between any private water supply system and the Great Falls municipal water system on any premises served by the Great Falls municipal water system. Private sewage disposal systems will not be installed within the municipality of Great Falls. (Ord. 2645, 1993; Ord. 2356 Exh. B (part), 1984, §13.04.120).

13.2.090 Destruction or vandalism to utility facilities

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the Utility facilities of the Public Works Department. Any person(s) violating this provision shall be guilty of a misdemeanor.

It is an offense punishable pursuant to the general penalty provided in Chapter 1.4.070 of this Code for any person to do any of the following acts:

1. To open, close, turn or interfere with, or attach to, or connect to a fire hydrant, stop valve or stop cock belonging to the Utility Division, without proper permit;
2. To throw any deleterious matter into the river within three thousand feet of the inlet pipes to the water treatment plant pumping works;
3. To bathe in the river within five hundred feet of the inlet pipes to the water treatment plant pumping works;
4. For any person to fill any tank or container having a capacity of more than five gallons and used for the transportation of chemical or solutions of chemicals of any kind whatsoever with water obtained directly from any water source connected with the City water system including, but not limited to, public, private, or domestic standpipes, hydrants, taps, pipes, or hoses, unless the same have been equipped with a backflow preventive device approved and inspected by the City. The foregoing shall not prohibit any person from filling such containers with water obtained indirectly from the City water system by means of a second or intermediate container, or at water sources in the City specifically designated and approved by the City for the filling of containers used for the transportation of chemicals or solutions of chemicals. (Ord. 2645, 1993; Ord. 2386, Exh. A (part), 1985, §13.20.310 (part); Ord. 2356 Exh. B (part), 1984, §13.08.340 (part).

13.2.100 Usage rates--violation—charge

The rates will cover the use of the utility systems in accordance with this chapter. Overtime will be charged for work done other than during normal working hours. If a consumer uses the utilities for purposes other than those he/she is paying for, it is a violation of his/her contract, and the consumer offending, after reasonable notice, may have the water shut off and service discontinued until such time as the additional service furnished has been paid for, together with the actual additional expense incurred in shutting off and turning on the water. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.410).

13.2.110 Right of entry

City employees bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to water quality or discharge into the community system or repair and maintenance of any portion of the utility system/facilities in accordance with the provisions of this chapter. Where the property entered is an easement, all work shall be done in accordance with the terms of the easement agreement. (Ord. 2645, 1993; Ord. 2386, Exh. B (part), 1985, § 13.20.320, 13.20.330, 13.20.340 (part); Ord. 2356 Exh. B (part), 1984, § 13.08.110, 13.08.120 (part)).

13.2.120 Violation—penalty

Violation of any of the terms of Title 13 is a misdemeanor and is punishable pursuant to the general penalty provided by this Code. In addition to the foregoing penalty, upon receiving notification from an authorized official of a violation of any part of Title 13, the Public Works Director shall immediately cause the municipal water supply to be shut off from the premises where such violation is found. The municipal water service shall not be restored until such violation is corrected and has been duly inspected by the authorized official. (Ord. 2645, 1993; Ord. 2356 Exh. B (part), 1984, §13.04.130).

13.2.130 Enforcement of rules and regulations

It shall be the duty of the Police and Fire Departments of the City to give vigilant aid to the City in the enforcement of its rules and regulations, and to this end they shall report to the office of the City Manager all violations thereof which come to their knowledge. See Section 13.06.040. (Ord. 2645, 1993; Ord. 2356 Exh. B (part), 1984, § 13.08.370).