Document Moscow_doc_bfba3ffea7

AGREEMENT FOR SEWAGE COLLECTION, CONVEYANCE, AND DISPOSAL SERVICES BETWEEN CITY OF MOSCOW, IDAHO AND SOUTHEAST MOSCOW WATER AND SEWER DISTRICT THIS AGREEMENT FOR SEWAGE COLLECTION, CONVEYANCE AND DISPOSAL SERVICES is made and entered into this J.8 day off:;fvm k4, 2016, by and between the City of Moscow Idaho, a municipal corporation of the State of Idaho (hereinafter CITY"), and Southeast Moscow Water and Sewer District (hereinafter "DISTRICT"). W I T N E S S E T H: WHEREAS, DISTRICT owns a domestic wastewater sewage collection and conveyance system that serves the area within DISTRICT's service area; and WHEREAS, DISTRICT has contracted with CITY since October 15, 1980 for sewage conveyance and disposal services with connections to CITY facilities to provide adequate conveyance and proper treatment of DISTRICT sewage; and WHEREAS, DISTRICT desires to contract with CITY for sewerage conveyance and disposal services with connections to CITY facilities to provide adequate conveyance and proper treatment of DISTRICT sewage; and WHEREAS, CITY desires to contract with DISTRICT for conveyance of sewage collected within City limits and outside DISTRICT service area through DISTRICT facilities; NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth to be kept and performed by the parties hereto, it is mutually agreed as follows: I. CITY AGREES: 1. To permit DISTRICT to continue connection to CITY sewer facilities, providing adequate and proper sewage conveyance and treatment service to DISTRICT. All connections shall be made in accordance with sound engineering practices and in a manner designated by CITY. 2. To maintain, operate and keep in good repair DISTRICT's sewer collection and conveyance mains, laterals, force mains and pumping stations as necessary to service DISTRICT. Property owners within DISTRICT shall remain responsible for maintenance and repair of service lines from the lateral or main to the individual property owner's premises. 3. The cost of said service shall be provided through the sewer service charge. Maintenance, operation, and repair, as the terms are used in this section in respect to DISTRICT, shall not include cases of major breaks in DISTRICT's sewer pipelines or damage to DISTRICT's pumping facilities occasioned by unusual conditions, major failures, or natural disasters, including earthquakes or floods, resulting in a loss costing more than fifty percent (50%) of SOUTHEAST Moscow WATER AND SEWER DISTRICT AND CITY AGREEMENT FOR SEW AGE COLLECTION AND TREATMENT SERVICES PAGE I OF7 l {t,-Dlo8- ---PAGE BREAK--- CITY's annual revenue collected from within DISTRICT's service area. In such cases, the cost of repairing such major breaks or damage beyond the fifty percent (50%) of CITY's annual revenue, shall be the full responsibility of DISTRICT. 4. To collect from each DISTRICT sewer user within DISTRICT's service area, the sewer service charges as more specifically provided for hereinbelow. CITY further agrees to collect any additional connection fees or sewer service fees charged by DISTRICT for DISTRICT's purposes and shall tum over such funds to DISTRICT. CITY shall have first priority on any funds collected to meet the sewer service charges of CITY. CITY shall make all reasonable efforts to bill delinquent accounts. On January 1 and July 1 of each year, CITY shall certify to DISTRICT all delinquent accounts older than three months. DISTRICT to use all statutory power granted to DISTRICT to collect said delinquent accounts for payment owed to CITY, which amount collected shall be paid by DISTRICT to CITY. 5. To process applications' and to issue permits for all connections to DISTRICT's sewer system. CITY shall provide DISTRICT with copies of said applications within fifteen (15) days of receipt of same, and CITY shall provide DISTRICT with copies of said permits within fifteen (15) days of issuance of same. CITY shall provide inspection for all such connections and, for this service, each individual applicant shall pay CITY the same inspection fee as is charged customers within CITY limits, plus five dollars All service 'taps' shall be made by CITY and each individual applicant shall pay CITY the same 'tap' fee as is charged customers within CITY limits, plus five dollars These added fees shall not be charged to DISTRICT's patrons who are within CITY limits. 6. To manage through its Administrative Authority, the rules and regulations adopted by DISTRICT. The Administrative Authority of CITY shall enforce compliance with said rules and regulations to the extent allowed by law. CITY shall notify DISTRICT of all violations for which compliance cannot be legally obtained and DISTRICT shall take all necessary steps provided for by State law to diligently enforce any adopted rules and regulations. 7. CITY will hold DISTRICT and its officers harmless from any and all claims that may arise as a result of CITY' s sole negligence in operation of the system. II. DISTRICT AGREES: 1. To comply with all Federal and State regulations, relating to sewer systems, applicable to CITY and DISTRICT. 2. To take all necessary steps to adopt, keep current and enforce a resolution and standards concerning the collection and disposal of sewage within DISTRICT's service area. Such resolution and standards shall be in substantially the same form as the applicable ordinance and standards of CITY as amended from time to time by the City Council, which said Resolution and standards are herewith attached, marked as Exhibits 1 and 2 respectively, and by this reference made a part of this Agreement. Such resolution and standards must receive City Council approval prior to implementation by DISTRICT. SOUTHEAST Moscow w ATER AND SEWER DISTRICT AND CITY AGREEMENT FOR SEW AGE COLLECTION AND TREATMENT SERVICES PAGE20F7 ---PAGE BREAK--- 3. To delegate by proper order, authority to CITY and its employees to perform the duties required by this Agreement. 4. To require all residents and property owners within DISTRICT's service area to connect their houses and other structures requiring sewage disposal to DISTRICT's adjacent sewers within ninety (90) days after the resident or property owner receives notice from DISTRICT to connect, as per Idaho Code. 5. To impose sewer service charges by resolution on property within DISTRICT's service area served by or available to be served by, sewer lines owned by DISTRICT in an amount sufficient to cover CITY's sewer service charges in accordance with the most current fee schedule as adopted by the City Council. CITY' s fee structure applied to CITY residents shall apply to DISTRICT patrons, with the exception of additional surcharge. DISTRICT shall take all available legal steps to collect and enforce the sewer service fees charged by DISTRICT which CITY has not been able to collect. Such delinquent sewer service charges shall be turned over by DISTRICT to CITY provided CITY has not already been paid by DISTRICT for said delinquent sewer service charges. The sewer service charges imposed by DISTRICT's resolution shall state that new sewer hookups shall be charged the current sewer service fees to property ninety (90) days after the owner thereof is given notice of an available sewer, or when actual connection occurs, whichever occurs first. 6. To maintain and, when requested by CITY, to provide copies of all easements rights-of-way and permits required for DISTRICT's sewer system, along with assurances that the system is located within the easement or right-of-way areas. 7. To construct all new DISTRICT lines and facilities at gradients, in such sizes and locations, and of such capacity as to substantially meet standards set by CITY. Individual service connections along existing public rights-of-way shall be served by extensions of public sewer lines constructed in compliance with CITY standards, where required by CITY. In such instances, the public sewer will be required to be extended at the expense of the individual requesting connection to public sewer. Public sewer lines provided by a developer shall become property of DISTRICT. DISTRICT will require dedication to DISTRICT of the new sewer lines constructed by the developer and shall require dedication of public easements to DISTRICT for sewer mains not located within public rights-of-way. CITY, within thirty (30) days of issuance, shall provide notice to DISTRICT of all hookup permits approved for construction of new public sewer lines within DISTRICT. 8. To provide to CITY certification by DISTRICT's engineer that additions or modifications to the system are tested to CITY' s standards; laid to line and grade within prescribed tolerances; and bedded and backfilled in accordance with the adopted specifications. DISTRICT's standards shall be same as CITY' s standards. It is understood that CITY reserves the right of final approval on any additions, connections, or modifications to the system prior to the connection of any new user to the system, which said approval will not be unreasonably withheld. 9. That for and in consideration of CITY supplying DISTRICT the above-referenced services, DISTRICT hereby expresses its intent, through its Board of Directors, not to oppose SOUTHEAST Moscow w ATER AND SEWER AND CITY AGREEMENT FOR SEWAGE COLLECTION AND TREATMENT SERVICES PAGE3 OF7 ---PAGE BREAK--- annexation of any portion of DISTRICT by CITY when CITY desires annexation. The DISTRICT's Board does not purport to bind individual property owners within the DISTRICT to agree to annexation or to oppose annexation because the Board lacks statutory power to do so. 10. To maintain and, when requested by CITY, provide certification from the North Latah County Highway District that the Highway District approves the installation, operation and maintenance of existing and new public sewer lines in the public rights-of-way. Restrictions to the use of the rights-of-way are given in a 'Cooperative Agreement' between the North Latah County Highway District and DISTRICT, attached hereto as Exhibit 3. 11. To turn over to CITY, upon annexation of DISTRICT, the entire sewer system, together with any improvements, operating property, rights-of-way and easements, located within the annexed area. CITY will not owe any compensation to DISTRICT for said transfer. 12. To transfer its right and interest in any guarantees, warranties, real or implied, associated with the contracts, subcontracts, material, equipment and other related items associated with DISTRICT's system, to CITY at the point in time that CITY accepts the system after annexation or upon dissolution of DISTRICT. 13. That CITY reserves the right to modify any and all ofDISTRICT's equipment and/or system where CITY finds said modification is necessary, without cost to DISTRICT and without approval of DISTRICT. III. THE PARTIES AGREE: 1. That the basic sewer service charge by CITY to DISTRICT's customers shall be uniform within each classification of users (residential, commercial, or industrial) for all users located within DISTRICT's service area. This rate shall be the same as the charges for residential, commercial, or industrial users inside the City limits of CITY and said sewer service charges shall be retained by CITY for provision of sewage conveyance and disposal services. In addition to the sewer service charges, all users located within DISTRICT's service area shall be charged a surcharge of three dollars per month. Two dollars per month of the surcharge shall be retained by CITY for administrative services to DISTRICT consisting of account billing and collection, and accounting. The remaining one dollar of the surcharge shall be conveyed to DISTRICT for the cost of administrative services not provided by CITY. For those properties that are located both within DISTRICT's service area and City limits, said surcharge of three dollars shall be reduced to one dollar with said surcharge conveyed to DISTRICT. 2. DISTRICT's connection fee shall be the same as CITY's General Facilities Charge (GFC) with seventy percent (70%) allocated to DISTRICT's reserve fund and thirty percent (30%) to CITY's sewer capital fund. 3. For any connection in an area beyond DISTRICT's service area, which results in flow through DISTRICT's boundaries that will receive service from DISTRICT's facilities, both CITY's GFC and seventy percent (70%) ofDISTRICT's connection fee shall apply. In such SOUTHEAST Moscow WATER AND SEWER DISTRICT AND CITY AGREEMENT FOR SEWAGE COLLECTION AND TREATMENT SERVICES PAGE40F7 ---PAGE BREAK--- cases, CITY shall retain the entire CITY GFC and the DISTRICT shall receive the seventy percent (70%) of DISTRICT's connection fee for the respective capital and reserve funds. 4. That CITY has the authority to review and approve the construction plans and specifications for any alterations or expansion of the system. All sewers constructed within DISTRICT's boundaries shall conform to CITY standards for sewer line construction. Any additional cost for alterations or expansion required by CITY that increases system capacities in order to provide service to areas that are outside DISTRICT's boundaries and within CITY limits, shall be borne by CITY as provided in Section IV. of this Agreement. 5. Applications for expansion of DISTRICT's system within DISTRICT's boundaries and for changes in DISTRICT's boundaries must receive approval by the City Council and DISTRICT Board. To initiate an expansion of DISTRICT's system or boundaries, DISTRICT's Board of Directors shall submit such request in writing to the City of Moscow Mayor and City Council defining the system additions or modifications, revised boundaries, information on potential added sewer loads, and the reasons for the expansion. All such boundary modifications shall be in accordance with applicable Idaho Code, including any future amendments or changes to Idaho Code. 6. That the design, construction and inspection of all facilities and improvements within DISTRICT shall be in accordance with plans approved by the Idaho State Department of Environmental Quality and the parties hereto. 7. That upon the request of either party hereto, to negotiate with each other relative to amendments to this Agreement, provided that any such amendments shall be in writing and approved by both the City Council and DISTRICT, except as otherwise provided herein. 8. That the terms of this Agreement shall be reviewed at least every ten (10) years by CITY and DISTRICT. Any proposed changes must be approved by the City Council and DISTRICT's Board of Directors. This Agreement shall be in effect from the date of approval of DISTRICT and City Council to March 1, 2026. This Agreement may be renewed for one additional ten (10) year term if approved by both City Council and DISTRICT's Board. IV. NON-DISTRICT FLOW CONVEYANCE: 1. In recognition of the likelihood of annexation by CITY of lands outside DISTRICT's boundaries and the anticipated need to convey sewage from the annexed areas through DISTRICT's facilities, this Agreement authorizes CITY to pass sewage through DISTRICT's facilities as specified herein. 2. Pursuant to this Agreement, DISTRICT shall allow discharge of sewage collected by CITY from areas outside DISTRICT's boundaries into DISTRICT's facilities, and shall transmit such sewage through DISTRICT's facilities to the CITY collection system. CITY shall be responsible for the delivery of the sewage from the areas outside DISTRICT's boundaries to DISTRICT's facilities. SOUTHEAST Moscow w ATER AND SEWER DISTRICT AND CITY AGREEMENT FOR SEWAGE COLLECTION AND TREATMENT SERVICES PAGE5 OF7 ---PAGE BREAK--- 3. CITY shall have no duty or obligation to construct, upgrade or replace sewer facilities in CITY's service area that exist on the effective date of this Agreement, and DISTRICT shall accept such sewer facilities "as is" for delivery and transmission of sewage from areas outside DISTRICT's boundaries. After the effective date of this Agreement, any new sewer facilities that deliver or transmit sewage from areas outside DISTRICT's boundaries to DISTRICT shall be constructed consistent with CITY's approved Comprehensive Sanitary Sewer System Plan and adopted construction standards. CITY' s sewer facilities outside DISTRICT's boundaries, and CITY's connection to DISTRICT's facilities, shall remain under the ownership and operation of CITY, separate and apart from DISTRICT. 4. DISTRICT shall accept sewage from CITY's facilities outside DISTRICT's boundaries until DISTRICT, in consultation with CITY, can demonstrate that there is insufficient capacity in DISTRICT's sewer system to accept additional sewage. After determining that there is such insufficient capacity, DISTRICT shall notify CITY in writing of DISTRICT's intention to restrict acceptance of, or to stop accepting, additional sewage from CITY twelve (12) months after the effective date of such notice. DISTRICT shall be under no obligation to construct any new or additional sewage facilities and DISTRICT shall not be required to accept additional sewage flows that will exceed the design capacity of the system. 5. Except as provided herein, should any portion of DISTRICT's sewer system become surcharged sewage level rises above the crown [top] of the sewer pipe), due to combined flows from CITY and DISTRICT exceeding DISTRICT's capacity, CITY shall immediately take action to reduce flows to a level where the surcharging no longer exists. Any additional connections will only be allowed if and when CITY facilitates improvements to CITY's or DISTRICT's system to allow such connections without surcharging the DISTRICT's system. If either party has knowledge of surcharge conditions present, both parties will communicate and authorize temporary ceasing of issuance of additional permits for connections, which would contribute flow to DISTRICT's system, until said conditions are alleviated or remedied. CITY shall monitor altered system to confirm surcharge conditions have ceased. 6. DISTRICT shall provide for conveyance of CITY's sewage flows through future DISTRICT constructed capacity upgrades of DISTRICT's conveyance facilities. DISTRICT and CITY hereby agree to jointly fund design and construction and to design and construct conveyance capacity upgrades ofDISTRICT's conveyance facilities to the CITY system on a proportional cost sharing basis as defined herein. 7. When it becomes necessary for DISTRICT to construct conveyance system capacity upgrades for the benefit of DISTRICT's patrons, CITY shall participate in funding DISTRICT's capital costs of design and construction of those new conveyance upgrades based on the ratio of the designed peak conveyance capacity reserved for CITY flows to the total designed peak conveyance capacity of the new conveyance upgrades. CITY may unilaterally determine to increase the peak conveyance capacity reserved for CITY flows on the condition that CITY provide additional capital cost funding to comply with the funding ratio requirement. For purposes of this Agreement, for any future conveyance capacity upgrades to DISTRICT's sewer system where CITY participated in the capital cost and reserves a proportional share of design flow capacity in said upgrades, DISTRICT shall SOUTHEAST Moscow w ATER AND SEWER DISTRICT AND CITY AGREEMENT FOR SEWAGE COLLECTION AND TREATMENT SERVICES PAGE60F7 ---PAGE BREAK--- remain as owner and operator and shall provide for the operation and maintenance of those systems until such time as DISTRICT's sewer system is conveyed to CITY. 8. CITY shall pay DISTRICT for all new connections to CITY's system that contribute flow to DISTRICT's facilities at the time of connection to CITY's system. The payments shall be a one-time charge of seventy percent (70%) of adopted DISTRICT Connection Fees in effect at the time of the connection to CITY' s system. Acceptance of such payment shall be considered approval by DISTRICT of use of DISTRICT facilities by the new connections with no further compensation to DISTRICT required. 9. CITY shall report to DISTRICT, within sixty (60) days of actual hook-up, all new sewer connections to CITY sewer system that will result in flow through DISTRICT's facilities. The report shall include the ownership, property address, and billing address for the property served. CITY shall consult with DISTRICT regarding applications which have potential to substantially increase flows to DISTRICT's system. I 0. All CITY facilities as described herein shall be constructed, operated and maintained by CITY. Where CITY utilizes any DISTRICT facilities, CITY shall be responsible for any damage to DISTRICT' s facilities resulting from CITY' s use, or use by its customers. Repairs to DISTRICT's facilities made necessary by such damage shall be performed as jointly determined by CITY and DISTRICT through review of repair and/or replacement options appropriate for the specific component of the facilities. The cost for such repairs, as jointly agreed upon by CITY and DISTRICT, will be billed to CITY. DISTRICT shall not be liable for any claims by third parties arising from acts or damages by CITY or its customers in using DISTRICT's facilities pursuant to this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. DISTRICT: Southeast Moscow Water and Sewer District Lois Pritchett, President ATTEST: SOUTHEAST Moscow w ATER AND SEWER DISTRICT AND CITY AGREEMENT FOR SEWAGE COLLECTION AND TREATMENT SERVICES CITY: City of Moscow, Idaho PAGE70F7 ---PAGE BREAK--- ' . RESOLUT ION NO. SOUTHEAST MOSCOW ȹJATER AND SEHER D I STRI CT SEWERS SECTION: 1. Purpose of Sewer System 2. Definition of Terms 3. Premi ses to Connect to Publi c Sewer 4. Sanitary Facili ti es Requi red 5. Sewers Property of Di stri ct 6. Extensi on pf Publi c Sewers 7. Construction Specifi cations for Sewer 8. As-Built Plans Required 9. Sewer Extensions; Property of Di stri c t 1 0 . Sewer Extensi ons; Fi li ng of Costs 1 1. Sewer Extensions; Permi tti ng Service Tops; Cost to be Paid 12. Sewer Ex tens ions; Perso ns Fi rst Constru ct ing May Receive Money for Later Connecti ons 13. Permi t Requi red' For Si de Sewer Constructi on and Repai r 14. Penn i t Required to Work on Sewers 15. Excavation Permi t Requi red 16. Ri gh t to Revoke Permi ssi on 17. Sewer Taps 1 8. Fees 1 9. Construction Speci ficati on for Si de Sewers 20. Construction and Specifications for Private Sewers 21. Noti ce of Inspections EXHIBIT 1 ---PAGE BREAK--- 22. Sewage to be Di sch a rged into Sewerage Sys tern 23. Unpolluted Wa ter not Permitted in Sanitary Sewer 24. Unpollu ted \>la ter Di scharged to Stonn Drain 25. Types of Wastes Prohibited from Public Sewers 26. Discharge of Certain Waters , Wastes, Etc., Possessing Character- istics likely to Cause Harm ·27. Action Upon Discharge Ha ving Deleteri ous Effect 28. Powers and Authority of Inspectors 29. Authority of District to Waive Certain Requirements 30. Sewer Rates 31. When Due and Payable, Billing Periods, Fines for Overdue Accounts, Delinquent Accounts, Fi nes for Deli nquent Accounts 32. Interceptors 33. Other Penni ts j4, Violation 35. Rules and Regulations 36. Invalidation Claus e 37. liability to District 38. Noti.ce of Viol a ti on 39. Continued Violation; Penalty 40. Crimina l Penalty 41. Civil Liability for Damages 42. Lien 43. Lien Attachment 44. Lien Instrument ---PAGE BREAK--- 1 : PURPOSE OF SEWER SYSTEM. For the purpose of promoting health, safety and the general welfare of the Southeast Moscow Water and Sewer District, a system for the collection, transmission and disposal of sanitary sewage shall be constructed, extended, maintained, repaired, replaced, operated and removed within the boundaries of the Southeast Moscow Water and Sewer District by which to provide an adequate system for the collection, transmission and disposal of sanitary sewage from domesti c , commercial, in­ dustrial and such other uses and purposes for which said system may be used. h 2: DEFINITION OF TERMS. Terms used in this Ordinance shal 1 have the meanings herein given to them. ADMINISTRATIVE AUTHORITY: BUILDING DRAIN: A duly appointed qualified officer of the District charged with the administrative and/or enforcement of the provisions of this Resolution. Said Administrative authori ty shall be appointed by the Chairman of the Board. The building drain is that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the buil di ng and conveys it to the side sewer beginning two feet ( 2 1 ) outs id e the bu i 1 di n g wa 1 1 . ---PAGE BREAK--- BIOCHEMICAL OXYGEN DEMAND (abbreviated B.O. BOARD: COMMERCIAL USER: COMPOSITE SAMPLE: DISTRICT: ·-DWELLING UNIT: The quantity of oxygen, expressed in parts per million by weight, utlized in the bi ochemical as oxidation of organic matter under standard laboratory determinations made in accordance with procedures set forth in "Standard Methods", for five days B.O.D. determination. Board members elected by the Di strict. All persons not specifically classified as domestic or as an industrial waste contributor. Not less than twelve (12) individual samples taken at not less than thirty (30) minute intervals for a period of not less than six hours. Southeast Moscow Water and Sewer District A building or structure or portion thereof tha is constructed and used primarily for residential purposes. ---PAGE BREAK--- GARoAGE: GROUND GARBAGE: INDUSTRIAL WASTES: HOUSE SERVICE L INE: MG: PH: The res idue from the preparati on , cooking and dispens i ng of food, and from the handling, storage and s a1e of food products and produce. The residue from .the preparation, cooki ng, and d i spensing of food that has been shredded to such degree that al l partic1es wi 1 1 be carri ed freely in sus pension under the flow condi ti ons normal1y prevail ing in publ ic sewers wi th no particle . greater than one-half i nch (1/211) in any dimension. The liquid wastes from industrial processes a s d i s ti n ct from s ani tary sewage. The extens i on from the bu i 1di ng drai n to the pub1 i c sewe r and i s sometimes referred to as a servi ce connecti on or side sewer. Million gallons. The logarithum (base 10) of the reciprocal of the hydrogenion concentrati on expressed i n moles per liter and is measu re of the acid ity or alkal ini ty of a solution. It shall be determined by one of the proced ures outlined in "Standard Methods 11• ---PAGE BREAK--- PARTS PER MILLION: PERSON: PRIVATE SEWER: PUBLIC SEWER: SANITARY SEWAGE: SANITARY SEWER: A weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per milli on gallons of water. Any individual, fi rm, company, association, society, corporation, group, or other entity. A sewer serving one or more buildings, residences, or properties, constructed by private contract. Any sewers that are owned and controlled by the Di s tri ct that serves one or more persons, even though those sewers may not have been constructed with Di stri ct funds . Wastes that are deri ved principally from dwell ings, business buildings, insti tuti ons, and industrial waste, exclusive of storm and surface waters. A sewer that conveys sanitary sewage or industrial wastes, or a combination of the two and into which storm, surface, and ground waters or unpolluted industrial wastes are not admitted. ---PAGE BREAK--- SERVICE CHARGE: The charge levied on all users of the sewage system. SERVICE TAP: A c onnection of side sewer to public sewer.· SEWAGE TREATMEN T PLANT: Wastewater treatment plant. SEWAGc: Was tewater SEWER: A pipe or condui t for conveying wa stewater or any other \>1aste liquids. SEWERAGE SYSTEM: The facilities for the collection, transportati on, pumping, treatment and final disposition of sewage, or any and al 1 such faci 1 i ties . SIDE SEWER: STANDARD METHODS: The extension from the building drain to the public sewer and shall mean house service line. The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Expminat i on of Water, Sewage, and Industrial Wastes", published joi ntly by the American Public Health Association, the American Water Works Association, and the Federation of ·Sewage and Industrial Wastes Association. ---PAGE BREAK--- STANDARD Sf}JAGE: STORM SEHER or S TOPJ·l DRAIN: Sewage and acceptable wastes that are wi th i n spe c i f i cations regardi ng ph, B. O.D., dissolved oxygen, su s pended solids, and greas e. A pipe or condui t which carries ground water drainage, storm surface waters, and unpolluted cool ing or process wa ters, but excl udes s ewage and polluted ind us t rial was tes. SUSPENDED SOLI DS (S.S. ) : Solids that either float on the surface of, or a re in sus pension i n water, sewage, or industrial wa ste, and which are removable by a laboratory fi ltration device. Quanti tative determi nati on of sus pended solids s hall be made in accordance with procedures set forth in "Standard Methods". UNPOLLUTED WATER: Any water or liqui d containing none of the following: Free or emu lsified grease or oil; acids or alkalies, substances that may impact taste and odor or color characteristics; toxic or po isonous substances in sus pension, col loidal state or solution; odorous or otherwise obnoxious ga s es. It s hal l contain not more than thi rty (30) mg/1 each of sus pended solids or biochemical oxygen demand. Analytical determination shal l be made in accordance with procedures set forth in "Standard Methods". ---PAGE BREAK--- SECREH.RY AND TREASURER: Secretary and Treasurer of the Southeast Mosco1-1 Water and Sewe r District. USER CHARGE: A charge levied on all us ers of the sewage system. WASTrnATER: The \'lat er-carried human, animal or hous ehold wastes in a public or private sewer, and may include indu str i al wa stes. WASTEWATER TREATMENT PLANT: An a s s embl a g e of devices, structures, and equipment fo r treating dome stic, commercial, and i ndustr i al was te. 3: PREMISES TO CONNECT TO PUBLIC SE\.JER. The P..dmini strative Authority is hereby empo1'1'e red, and it is hereby made his duty in al l cas e s where there i s a pu blic s ew e r in any street, or e a s ement in the District to compel every 01<1ner of land, buildings, or premises u s ed for human occupancy , employment, recreation, or u s ed for other pu rposes requiri ng s anitary faciliti es and a butting on such street, o r eas ement or within three hundred feet (3001) of the s ame, to construct or cau s e to be constructed a suffici ent sid e s ewer in the manner herein pre scribed which shall connect sa id l and, buil ding or premises, and a l l water clo sets and pipes therein o r thereon u s ed as a receptacl e or conduct of s ewag e with such nearest acce s sible pu bl ic s ewer within ninety (90) days afte r date of official notice, unle ss in the opinion of the Administrative Autho rity such connecti on i s impracti cable by r e a son of the topo graphy of the ground or weather conditions. ---PAGE BREAK--- If any connecti on to a publi c sewe r s hall not be made withi n the above required time and in a manner provi ded i n thi s Re solution, the Administrative Authority may forthwith caus e t h e same to be made and fi le a statement of the costs required wi t h the Board. If any n eed repa i r to a bu i lding s ewer or connection to a public s ewe r shall not be made w i thi n the time and in the manne r provi ded in th i s code , thϧ Administrative Authority may caus e the necess ary repai rs to be made and file a s ta tement of t h e costs wi th the Board. The Board shal l certify the amount of t h e costs of making such connect i ons or repai rs to the Treasur e r of t h e Distr i ct, notify the owner of sai d cos ts, and s hal l als o f i le a dec l aration of l i en against the property a s outlined in Secti ons 42-44 of th i s Resolution. 4: SANITARY F.A.CILIT!ES REQUIRED. Every person own i ng any land or p remis e s used in t h e manner and s i tu ated wi thin t h e li m i ts prescribed in the foregoing secti on, i n all cas es where there is a publ i c s ewer i n any street, hig hway , al ley o r eas ement, shall make su ffici ent hou s e dra i n and s i de sewer from hi s house, lot or premi ses connected with such sewe r, and the Administrative Authori ty s hal l h ave pow e r i n all c a s e s where there is a public sewer as aforesai d to caus e s a i d person to i ns t all suitable sanitary facil i ties in sa id house, lo t or prem i ses and to cause such connect i ons to be made, and shal l give his agents or tenants notice in writing, specifying the time wh en such drai n and facilities must be c ompleted; prov i ded , suc h time shall not e'x·c eed ninety (90) days. ---PAGE BREAK--- A separate a n d i ndepen dent s i d e sewer shall be provided for every building, residence or property, except as. approved by the Board . 5: SEHERS PROPERTY OF THE DISTRICT. Al 1 sewers l oca ted wi thin the Distri ct sewer system in any s treet or alley or ea sement shall belong to the District and no privat2 s ewer, except as otherw i s e provided in this Resolution, s hall be deemed vali d and bi nding u pon the Distri ct or any of i ts i nhab i tants . It is the intent and pu rpos e of this Re s oluti on to abolish all private sewe rs w i th i n the Di str i ct sewer sys tem except as herein provided. The District shall own all sewer connections constructed by pr ivate persons al ong any street or alley or easement. The Dis trict shal l own , c ont rol and operate al l sewers l aid or pl aced al on g any street or · all ey or ea sement within the D i strict bounda ry. Side se1.,iers as defi ned by t h i s Res oluti on shall not be owned or maintai ned by the District. 6: EXTENSION OF PUBLIC SEWERS. Extens i on i ncl uding the con­ struct i on of new sewage sys tems , sewa g e treatment plants or systems , other waste treatɬent o r dispos al faci l i t i es, or for modification or expansion t o existi ng sewage treatment plants or systems , wa s te treatmen t or d i s posal faci l i t i es, to the pu bl i c sewer system by a sewer user at his own ex pense s hall have pri or approval and shal l be in accordance wi th thķ s tandards and des i gns of the D i s t r i ct. Plans, specifi c a ti ons , a n d any other perti­ nent informat i on relating to the propos ed extens i on s hall be subm i tted to the Administrative Author i ty for a pproval . ---PAGE BREAK--- . . The Administrati ve Authority shall secure all necessary Federal and State ap provals prior to a p pr ov ing the submittal . No construction of the proposed facilities shal l commence unti l such approvals are obtained in 1·1riting. 7: CONS7RUCTION SPECIFICATIONS FOR SEWERS. Speci f i cati ons for the constructi on of sewers shal l be enforced by the Board. The Board is hereby empowered to prepare and put i nto effect standards governing sewer construction i n the District, h erein referred to as "standards". C opies of the standa rds shal l co ntain specifications rel ati ve to materials, construction, procedure , ins pection, testi n g, backfi l ling and respons i b i l i ties i n sewer installations. Specific installations not full y covered by the standards shall be rul ed upon by the Admin istr ati ve Authority at the time o f occurrence. The standards rev i sions thereof and additions thereto shall be issued by the Administrative Authority . C o p ies of the standards thereto shall be issued b y the Administrative Authority or the authori zed representati ve of the District. 8: AS-BUILT PLAN S REQUIRED. No deviation shal l be made from the approved plans and specifi cati ons without the prior approval of the Adm i n i strative Authority . Withi n thirty (30) days of the comp l eti on of construction of the extension to the public sewer system, complete and accurate plans and specifications dep i cting the actual construction, alteration, or modification performed , must be submitted to the Admin- istrative Author ity toget her with such other pertinent information as may be required. -10- ---PAGE BREAK--- 9: Sfl..IER EXTENSIONS; PROPERTY OF DISTRICT. The extension to the sewer system by the user, when accepted , shall thereafter consti tute a part of the sewer system of the Distr ict. Al l rights, titl e and interest i n and to such extens ions shal l be hel d by the Distri ct and be used, ope rated, maintained and managed by the District as part of its sewer system. 1 0: SE\·IER EXTENSIONS; FILING OF COSTS. Al l se1vers located in any street, al l ey or easement in the Di strict shall bel ong to the Di strict, except as otherwi se provided in this resol uti on , and in the event that any person shall make a connection wi t h the District sewer system and such connection shal l be avail able to others who mi ght connect with such connection, the person so first connecting with the sewer shall, as soon as such connection is made, fil e with the Administrative Authority, an itemized statement of the costs of buil ding such connecti on sewer. The Admini strative Authority, together with the District Engineer, shall audit and dete11Tline the reasonab l e costs of such connection through any streets, al l eys or easement, and fil e a report thereon with the Board, and in the event tha t the Administrative Authority and the District Engineer shal l detennine that the cost of such connecting sewer is less than that submitted by the person constructing such sewer , the Admin istrati ve Authority and the Distri ct Engi neer shal l hol d a hearing and give such person ten (1 0) · · days written notice of such hearing and at such hearing evidence may be taken by the Distr i ct Engi neer and the Administrati ve Authority of the cost of such sewer and at the cl ose of such hearing the Admini strative Authority and the District Engineer shal l file a wr i tten report with the -11- ---PAGE BREAK--- Dist rict Secre tary of their de te rmi n a tion of the cos ts a n d expenses of bu i ldi ng and c on necting su ch sewe r wi th any sewe r , and whi c h de termi nation sha1 1 be su bject to review by the Board at its next reg u l a r me e t i n g a fter the fi 1 i ng of such repo rt . I t shal l be the duty of the Secretary to gi v e the person bu ildi ng such con ne cting sewer writte n notice of the regu l a r meeting of the Bo a rd and tha t the cos t s of bu i l ding su ch sewer wil l be s ettl ed at such mee ting , a n d the Bo a rd s h a l l have the power to fix the c ost of s u c h connecting s ewer, which de termi na t i on shall be final a nd bind i ng upon all pa rt ies . 1 1 : S8ϨER EXTENSIONS ; PERM I TTI NG SERVI CE TAPS ; COSTS T O BE PAID . The Admin i s tra tive Autho rity r,ay pe r;nit other connections to be made wi th s u ch connect i ng sewe r by o ther part i e s upon payment to the Di s tri ct of t he pr opo rtionate sha re of the cos t of cons tructing su ch sewer exte n s i on properl y payable by the pers on \'Ii shi n g t o connect thereon , if the appl i ­ cation t o connect i s mad e w i th i n five ( 5 ) years of the d a te of the connecto r sewe r constructi on . The amo un t of payment to be made for such connect i o n shal l be based upo n t he o rig i n al cost of su ch sewe r extens i on, a s detenni ned by the Admini s tra t ive Aut h ority a n d District En gineer, taking into conside ration the pr obabl e fu ture use of such sewe r by o ther con nectio n s . No extra all owa n ce s ha ll be m a de for interest upon the ori g i n al i nve s tment i n such c o n n e ct i ng sev-ie r, and no de d uction shal 1 be made for de preci a tio n the re o n . If the property proposed to be con nected wit h such c o n nect i ng sewe r a buts up o n o r is adj ace nt to such sewe r , the owner of the same s hal l - 1 2- ---PAGE BREAK--- pay to t h e Di s tri c t fo r s o c on n ec t i n g tha t propo r t i on o f the tota l or i g i n a l cos t o f su ch connect i n g s ewe r wh i c h t h e fro ntage of a l l the prope rty h e own s abu t t i n g upon or adj a c en t t o s u c h c o n n e c t i n g sewe r be ars to the tota l frontage c a p a b l e of be i n g s e rved by su c h connect i ng s ewe r . In the ev e n t t h e pr ope r ty propos ed t o be c o n n e ct ed wi th s u c h c on n e c t i n g se1-1er d o e s n o t a bu t u po n and i s n o t adj a c e n t to su c h c onnec t i ng s ewe r , then t h e own e r o f such prop e rty shal l p ay su ch f e e a s rea s o na b l y c ompe ns a te s t h e ori g i n a l bu i l der fo r the u s e t h e r e of . Su c h amou n ts s ha l l be fi xed by the Wa ter Admi ni stra t i v e Au t h o ri ty a n d the D i s tr i c t En g i nee r . Al l deci s i on s of the s a i d Admi n i strative Auth o ri ty and En g i nee r u n d e r t h i s Sect i on shal l be s u b j e c t t o rev i ew by t h e Board , a fter reas o n a b l e n o t i ce to the pa rty c o n c e rne d , a nd may b e mod i fi e d or reversed by the Board . . _ _ . ( C o s t s for c on n ec t i o n s to c o n nector s e w e r s ma d e l at e r t h 2 n f i v e ( 5 ) ye a r s a fter co n n e c t o r s ewer c o n s t r u ct i on date , s ha l l b e a s requ i red \ . ti o n 2 o f _ R:_s o l u  - . 1 2 : s rn r n EXT E NS I ON S ; PE RSON FI RST CO NSTRUCT I NG MAY REC E I V E MONEY FROM LAT ER CO NNECT I ONS. Upo n payme nt of any mon ey to the Di stri c t by p ʹ rs ons d e s i r i ng to c o n n e c t wi t h su c h s ewe r , the pe rs o n fi rs t cons tru ct i n g s u ch connect i ng s ewe r , or h i s su c c e s s o rs o r a s s i g n s , s h a l l be enti tl ed to s u ch mon eys upon fi l i ng a c l a i m t h erefo r wi t h the Sec r e t a ry to be a l l owed . by the Boa rd as o t h e r b i l l s ag a i n s t the D i s tri c t a re al l owe d and pa i d . 1 3 : PERM I T REQU I R ED FOR S I DE S EW E R CONSTRUCT I ON AND REPAI R ; The m·m e r of premi ses s h a l l be re s po n s i bl e fo r a l l c o n s t r uc t i on and ma i nt e n a n c e -13 - ---PAGE BREAK--- . . expense rel ated to i nstal l i ng and ma i nta i n i ng s i de sewe rs and pr i va te sewers l ocated on sa i d premises . When any si de sewer or pr i va t e sewer connected wi th any pu bl i c sewer or dra i n bec ome s obs tructed , bro k e n or out of order, the Admi n i strative Au th ori ty s h a l l , i f the 01im er of such premi s e s fail s to repair the same after two ( 2 ) day s noti ce so to do , cause such drain to be removed and reconstructed, repaired , al tered or cl eansed , a s he may deem expedi ent, at the expense of the owner , agent or occupant of s u c h premi ses as aforesaid . No person shal l rel ay , repa ir a ny si de sewer connect ing wi th any of the pub l ic sewers , nor shal l any open i ng be made i nto the same unt i l the pe rson making the same shal l obta i n a side sewer pe rmi t . 1 4 : PE RMIT REQUIRED TO WORK ON SEW E RS . It shal 1 be u n l awfu l for any pe rson to uncov e r , ma ke any connect ion wi th or openi ng i nto , use , al ter or d i sturb any pu b l i c or pri vate sewer or appurtenance thereof , wi thout fi rst obtai n i ng a wr i tten permi t from the Admi nistrati ve Authori ty , and no construction of a s i de sewer shal l be commenced wi thout first obtai ning such perm i t . An appl icati on for a s i d e sewer permi t shall state the l ocat i on of the sewe r, the number of the l ot and bl ock , and the number o f the bu i l ding to be connected , and the type of occupancy . I t shal l be unl awfu l for any person to extend any pr i vate sewer or side s ewe r beyond the l i mi ts of the bu i l d i ng o r property for which a per.ni t ha s been gi ven 1·1i t h o u t obtai n i ng an addi t i onal permi t for the desi red extension . -1 4- ---PAGE BREAK--- Wh enever a ny s i d e s e1ʺe r or o t h e r connect i on i s ma de wi t h any pu b l i c s ewe r or pr i v a t e s ewe r , o r any part of s u c h s i d e sewer or other c o n n e c t i on is c o n s tructed , the s a i d wo r k s h a l l be i ns pected by the Admi n­ i s tra t i v e Authori ty or a.n a u t ho r i zed ag e n t o f the D i s t r i ct . There shal l be two ( 2 ) c l a s s e s of s i d e sewe r pe rmi ts : (A ) Fo r s i ng l e dwel l i ng u n i ts , a n d , Al l u n i t s other than s i ng l e dwe l l i ng u n i ts , i ncl u d i ng m.i l t i pl e dv1e1 l i n g u n i ts , comme rc i al .establ i s hments and i nd u s t r i a l e s ta b l i s hments . The own er o r h i s ag e n t s h a l l ma ke a p p l i c a t i on fo r a s i d e sewe r permi t o n a fo rm fu rni shed by the Adm i n i s trati v e Au thor i ty . The permi t app l i ca t i o n s h a l l be s u p p l emented by a ny pl a n s , s pec i fi ca t i ons o r o t h e r i nfo rmat i o n c ons i d e red pe rti nent i n t h e j u dgme nt of the Admi n i stra t i ve Au thori ty . Whe n ev e r a pe rs on d e s i res to cons tru c t ד s i d e sewe r i ntended t o be c on n ected wi t h or di sc h a rg e d i nt o a ny sewe r , he s h al l , be fore beg i n n i ng work u p o n the s ame , fi l e wi th the Admi n1 s t r a t i v e Au thori ty the pl a n there o f , wh i c h s h a l l s how t h e wh ol e c o u rs e of t h e s i d e s ewe r from the c onnec t i on w i th t h e s ewe r t o i ts tenni n u s a t t h e hous e o r premi s es wi th t h e l oc at i on of al l b r a n c h e s and f i xtu res to be c onnected the rewi t h . Sa i d p l a n s , o r a c opy the reo f , s hal l be l e f t on fi l e wi t h the Sec reta ry . I f , u pon i nv e s t i ga t i o n of s a i d pl a n , the Adm i n i s t ra t i v e Au t h o r i ty s ha l l fi n d that the same do e s n o t - 1 5- ---PAGE BREAK--- c o nform to the requ i reme n t s of th i s Res o l u t i on a n d pu r s u a n t sta nda rds , sa i d Admi n i s trati ve Au tho r i ty s h a l l not i s su e a ny pe rmi t fo r i ts c ons tru ct i on or c o n n e c t i on wi th any pu b l i c s ewe r , and i t s h a l l be u n l awfu l to con s tru c t sai d s ewe r or to connect the s ame e i t h e r di rect l y o r i nd i rec t l y wi t h any pu bl i c or p r i v a t e se1ɨe r . Su i ta b i l i ty o r adequ a cy o f s t r u c tu re s o r means o f mete r i n g , me asu r i ng , s ampl i ng o r o th e rwi s e d e t e rm i ni ng t h e na ture , qua n t i ty or qua l i ty o f s ewag e shal l be dete rm i ned a n d i ns pe c ted by the Admi n i s trati ve Au t hor i ty . A s i d e s e\',ie r permi t s hal l b e vali. d o n l y for a peri od not t o exceed n i n e ty ( 90) days from the da te of i s su a nce a n d , i f s u c h s i d e sewe r cons truct i on i s not c omp l e ted a n d i ns pe c te d wi t h i n tha t t i me , - the permi t s h a l l be au to­ ma t i c a l l y re nde red n u l l and vo i d and a n a d d i t i on a l pe rmi t shal l be obtai ned p r i o r to c onti nu i ng or beg i n n i n g cons tru c t i on . Th e exi stence of a s i de sewer permi t shal l i n no wɩy be c o ns t rued as ma k i ng perm i s s i b l e any wor k for wh i c h I · a n e x c av at i on pe rmi t may be requ i re d by the prov i s i ons of th i s Resol u t i on . Al l c os ts and exp e n s e i nc i dent to the i ns ta l l a t i on and connec t i ons of a s i d e sewe r shal l be bo r n e by the own e r . The own er pe rfo rm i ng t h e s a i d i ns ta l l a t i o n a n d connec t i on s h a l l i ndemn i fy t h e Ci ty from a ny l o s s or damag e that may d i rectl y o r i nd i rectl y be o c ca s i oned by the i ns tal l a ti o n of the s i de s ewe r . Ex i s t i ng s i d e s ewe rs may be used i n connec t i o n wi t h n ew bu i l d i ng s onl y when t h ey a re fou nd on exami n a t i on a n d te s t_ by the Admi n i s t ra t i v e Au tho r i ty t o mee t a l l req u i reme n ts of th i s resol u t i on a n d pu rsu a n t standard s . - l 6- ---PAGE BREAK--- Ol d bu i l d i ng sewe rs , i n c l u d i n g sep t i c tan k l i nes , may be used only wheʚ they a re foun d , o n exa m i n at i on and tests ( i f requ i red by the Admi n i s­ t ra tive Au t h o r i ty ) , t o me e t al l requ i reme n t s of t h i s Resol u t i on a nd pu rsuant s ta nda rds . Th i s exami n a t i o n and tes ts s h a l l b e a t the own e r ' s expens e . The own e r or hi s agent s h a l l d emo n s t r a te to thʛ Admi n i s tra t i ve Au thor i ty no c on n ect i ons to su ch bu i l d i ng sewe r o r sept i c tank l i ne ex i s ts tha t conveys a ny ma teri al s t h a t a re p ro h i bi ted by thi s Re sol u t i o n . 1 5 : EXCAVAT I O N PE ʜʝ I T REQU I RED . No pe rmi t shal l be gran ted to do s i de sewe r wo rk i n a ny s tree t , al l ey or pu b l i c pl a c e unt i l the a ppl i c a n t has f i rs t ob ta i n ed the permi t fo r excava t i on a s requ i red by the No rth La tah C o u nty H i g hway Di s tri c t . Appl i ca n t shal l pay a l l costs a s s o c i a ted wi t h obta i n i ng pe rmi t . 1 6 : R I GHT TO R EVOKE PERMISSI ONS. Al l pe rmi ts o r permi s s i on s g i ve n u n d e r th i s Re sol ut i o n s ha l l b e subject to t h e cond i ti on t h a t the B o a rd may a t a ny t i me revoke and annul the same fo r j u s t and prope r c au s e and the pe rm i t tee o r h i s su ccessors i n i ntere s t , s h a l l have no r i g h t to cl a i m a ny damag e in cons equ ence o f su c h perm i t or permi s s i on b e i ng revoked o r a nnul l ed . Sa i d jus t caus e s ha l l exi s t whe n the pe rmi ttee v i ol a tes any l aw , o rd i nan c e , resol u t i on , or o th e r o rder regu l a t i ng s ewe rs i n the Di s tr i ct o r v i ol a t es the terms of the pe rmi t o r permi s s i on g ra nted by the Di s t r i c t o r the Board . The i s su a nc e or g r a n t i ng of a pe rmZt or a p proval of p l ans s ha l l n o t prevent the Admi n i s tr a t i ve Au th o r i ty from thereafter requ i r i ng the -1 7- ---PAGE BREAK--- c orrecti o n of e r ro rs i n sa i d p l a n s and s pe c i fi c a t i ons or from prev e n t i ng cons truc t i o n ope rati ons be i ng c a rri ed on t h ereu n d e r wh en i n v i ol a t i on of t h i s Resol u t i o n or o f a ny o ther Re sol u t i on or fr om revo k i n g a ny cert i fi cate o f approva1 whe n i s s u e d i n error . 1 7 : SElה ER TAPS . Th e a pp l i c a n t s ha 1 1 excavate the sewe r l i n e i nte nded fo r ta ppi ng i n su c h a ma n n e r a s to p rov i d e a s a fe and adequ a te a c c e s s a s determi ned by t h e Admi n i s trative Au t hori ty . An au t h o r i z e d repre s en t a t i v e o f the Di strict wi l l ma ke the ta p on the sewer l i ne ( pr i v ate or pu b l i c ) . The a ppl i c a nt s hal l be re s po n s i bl e fo r comp l e t i on of the s i d e sewe r i n accorda nce wi th h i s p e rm i t ʻnd the prov i s i ons of th i s Res o l u t i on . 1 8: FEES. Befo re a ny pe nTJi t i s i s su ed fo r the i ns tal l a ti on o r . a l te rati on of p l umb i ng o r s ewe rs , or befo re a ny s ewer connect i on permi t i s i s sued , t h e pe rs o n ma k i n g the appl i ca t i o n t h e r e fo r shal l pay to the Di s tr i ct or the a uthori z e d agent of the Di s t r i c t fee s s e t from ti me to time by reso l u t i on of the Board for t h e fo l l ow i n g necessa ry fu ncti o n s : ( A ) Sewe r Co n nect i o n Fe e : Requ i red fo r a l l new s ewer users wi s hi ng to c o n nect to a pu b l i c o r p r i vate sewe r one or more ye a rs a fter the date of th i s Res o l u t i on . ( B ) Sewe r Ta pp i n g Fe e : Requ i r ed for connect i on di rect l y to a n ex i s t ing pu bl i c o r p r i v a t e s ewe r l i n e . - 1 8- ---PAGE BREAK--- (C ) Service Inspect i on Fee : Required for al 1 serv i c es to be connected wi t h a pub l ic or pri vate sewer. Every permi t issued by the Admi n i stra t i ve Aut h o r i ty unde r the provis i ons of thi s Resol ut i o n shal l expi re by l im i ta tion and become nul l and void , i f the work aut h o ri zed by su ch permi t i s not commenced wi t h i n s i xty ( 60) d ays from date of such pe rm i t , o r if the work autho rized by su ch penni t is suspended o r abandoned a t any time after the 1vork i s commenced for a peri od of o n e hu ndred twen ty ( 1 20) days . Befo re such work can be recommended , a n ew permi t shal l be f i rs t obta i ned to do so , and the fe e therefo r shal l be one-half ( 1 /2 ) o f the amount requi red for a new penni t for such wo r k , provide d no changes have been ma de , or wi 1 1 be . ma d e , in the orig i n a l p l a ns and spec i fications for su ch work ; and prov i ded , fu rthe r , tha t such suspens i on or abandonment has not exceeded .one year. 1 9 : CONSTRUCT I ON SPEC I F I CATION FO R S I DE S EWERS . Speci f icati on for the construction o f s i de sewe rs s h a l l be enfo rced by the Administrati ve Aut ho r i ty . The B o a rd is hereby empowered to prepare and to put into effect standards gove rn i n g side sewer con s t ru c t i on in the Distri ct , h e re i n refe rred to as ''standards " . The standards shal l contain spec i fica tions rel ati ve to materi al s , construction, procedure , inspection , ba ckfi l l i n g and respo nsibilities i n side and pr i vate sewer i nstal l ations . Speci fic instal l ati ons not ful l y covered by the standa rds sh a l l b e rul ed upon by the Administrative Authority at the time of occurrence. Th e standards , rev i sions thereto and add iti ons thereof s h a l l be issued by the Adminis- - 1 9- ---PAGE BREAK--- trat ive Au thori ty . Cop i es of the s tanda rds may be obta i ned from the Admi ni stra tive Authori ty or the authorized representa tive of the Di s tr i ct . 2 0 : CONSTRUCTI ON AND SPE C I F I CAT IONS FOR PRI VATE SEWERS. Speci fi cati ons for construct i on of pr i vate sewe rs s hal l be by the Admi ni s trat i ve Authori ty . Speci ficati ons for pri vate s ewers shal l b e thos e fo r s i de sewers , exc ept a s roo d i f i ed or deemed neces sary by the Admi n i s tra t i v e Au thori ty . . Pri vate s ewers s h a l 1 be constr•Jcted only as permi tted speci fi cal ly by the Boa rd . Each br a n c h to a pri vate sewe r s e rvi ng a s i ng l e res i d ence , · bu i l d i ng o r prope rty shal l be cons idered a s i d e sev1e r and shal l be subj ect to a l l penni ts, fees and user cos ts . On l y the pa rt c ar'.yi ng the sewage of two ( 2 ) or mo re s i d e sewe rs s hal l be cons i dered a pri vate sewe r . A tap pi ng penni.t s ha l 1 be requ i red for a l 1 pr i vate seŇvers . Al 1 pr ivate sewers s hal l have an easement , fi fteen ( 1 5 ) feet in wi dth runn i ng the l e ngth of . the sewe r , n ami n g the Di s tr i ct a s the grantee and authori z i ng the exi stence of the pri vate sewer o n the prope rty i nvo l ved and autho r i z i n g a l l users of t h e pr i vate s ewe r to have access a n d ma i ntenance ri ghts . 21 : NOTICE OF I NSPECTI ONS . Notice i n wri ti ng mu st be gi ven the a uthorized ag ent of the Di s tr i ct by any person des i r i ng to make connection w i th any pu b l i c or pr ivate sewer o r dra i n at l east fi ve ( 5 ) hours prev i ous to the time of ma k i ng such connecti on , stati ng whe n su ch work wi l l be re ady fo r i ns pection , and the Admi n i s tra tive Au thori ty or agent, s hal l i ns pect the s ame . The connect i on mus t be mad e i n the manner prescri bed i n thi s R e s ol ut i on a n d to the s a t i s fact i on of sai d Admi n i stra tive Author i ty before the trench i s fi l l ed . Wh en any pe rson de s i res to l ay or drive - 20- ---PAGE BREAK--- any pip e i n a ny a l l ey o r ea s eme nt in 1.,ih i c h a pu bl i c , pr i v a te or s i de s ewe r i s l a i d , he s h al l g i ve a t l e a s t twe n ty fou r ( 24 ) hours ' not i ce to the North La t a h C o u nty H i g hway Distr i ct . 2 2 : SEWAGE TO BE DISCHARG ED I NTO SE\oJERAGE SYSTEM. Al 1 s a n i tary s ewa g e , o r o t h e r p o l l uted wa t e rs , s h a l l be d i sc harged i n to the sewe rage sys tem . I t s hal l b e unl awful for any pe r s o n t o d i s po s e otherwi se of s a i d sewage , wastes a n d p o l l uted wa ters except as o t h e rwi se authori zed by Admi nistrative Au t h o r i ty. 23 : UNPOLLUTED \YATER NOT PERM I TTED I N SANITARY SEWER. It s ha l l be u n l awfu l fo r a ny pe rs on to d i sc ha rge or c a u s e to be d i scharged any s t6rm wa t e r , g r o u n d wa te r , roof ru n o f f , su b su rface d ra i n age , c ool i ng water o r u npo l l u t ed wa te r t o a ny sa n i tary sewe r . 24 : UNPOLLUTED WATER DISCHARGED TO STORM DRA I N . Storm wa ter s hal l be d i s c h a rged to su c h s ewe rs as are spec i fical l y d e s i g nated as sto rm drains, or t o a natu ral outl e t approved by the Admi n i s trat i v e Aut ho r i ty . 2 5 : TY PES O F WASTES PROH IB I TED FROM P UB LIC SEWERS . Except a s herei n a fte r pr ov i d e d , n o pe rs o n s h a l l d i s c h a rg e or c a u s e t o b e d i s c h a rg e d a ny of t h e foll owi ng d e s c r i bed wate rs o r wa ters t o a ny pu b l i c s ewe r : ( A ) Any 1.,ia t e r o r wa ste wh i c h may c o n t a i n mo re t h a n one hu ndred ( 1 00) pa rts pe r mi l l ion by we i g h t of a n i ma l o r vegeta b l e fat , oil o r g r e as e . - 21 - ---PAGE BREAK--- ( B ) Any ga so1 i n e , be nze ne , · naptha , fu el o i l , or other fl amma bl e l i qu i d , sol i d o r ga s , or other petrol eum products and deri va t i ves . ( C ) Any ga rbage that has not been prope rl y s hredded . ( D ) Any ashes , ci nders , sand , mud , straw , shavi ngs , metal , g l a s s , rags , · feathers , tar , pl astics , wood , pau nch manure , or other sol i d or vi scous su bstance capabl e of cau s i ng obstructi on to the fl ow in sewers or other i nterferences wi th the proper operĶti ons of the sewage sys tem . ( E ) Any wa ters or wa s tes havi ng ph 1 01Her than five and fi ve-tenths ( 5 . 5 ) or h i g h e r than i ne ( 9 . 0 ) o r havi ng any other corros i ve prope rty capabl e of caus i ng dama ge or hazard to sewer structu res , equ i pment , pe rs onnel of the sewage system , or to be adve rs el y a ct i v e on sewe r treatment proces ses . ( F) Any wa ters or wa s tes conta i ni ng a tox i c or po i sonous substance in suffi c i ent qua nti ty to i nj u re or i nterfere wi th sewage treatment processes , cons t i tu te a hazard to huma ns or animal s , or create any hazard i n the rece i v i ng waters of the sewage treatment pl ant . ( G ) Any wa ters or wa s tes c onta i n i n g su s pe nded s o l i d s of such cha racter a nd qua nt i ty that unu s u a l a ttent i o n or expense i s requ i red to hand l e su ch ma teri al s at the sewa g e treatment pl a nt . - 2 2- ---PAGE BREAK--- ( H ) Any noxi ous o r ma l o do rous sol i d s , l i qu i ds , or g a s e s wh i c h e i ther s i ng l y , o r by i nterac t i o n w i th other su b s tance s , a re c apa bl e of c re a t i n g a pu b l i c nu i s a n ce o r h a z a rd to l i fe o r pr2ve nt i ng ent ry i n to se1i1e rs fo r the i r ma i ntenance or repa i r . 2 6 : D I S CHARGE OF C E RTA I N WATERS , WASTES , ETC . , POSSESS I NG CHARACT­ E R I S T I C S L I KELY TO CAUSE HARM . No pe rs on s ha l l di sc h a rg e or c a u s e to be d i s c h a rged i nt o a s e1ɪe r a ny of t he fol l owi n g desc r i bed sub s tances , materi a l s , wa ters o r wa s te s i f i t a p pe a rs l i ke l y i n the op i n i on of t h e Admi n i s t r a t i v e Aut h or i ty o r tech n i cal expe rt i s e at h i s d i s pos a l t h a t s u c h wa s tes c a n h a rm e i t h e r t h e sewe rs , s ewa g e tre a tment proc e s s , or equ i pment , have an adverse e ffect o n t h e rece i v i n g s tr e am , or can otherwi s e endange r l i fe , l i mb , pu b l i c prope rty , o r cons t i tu t e a n u i s a nce . In formi ng h i s o p i n i on a s to the a c c e p tab i l 1 ty of t h e s e wa s tes , the Admi n i s trati v e Au t hor i ty wi l l g i ve c ons i d e ra ti on to su ch factors a s ɫ h e qu a n t i t i es of s u bj e ct wa s tes i n rel a t i on to fl ows and vel o c i t i es i n the s ewe r s , mate r i a 1 s of constructi on o f the s ewe rs , n atu re of the s e0ag e trea tment proces s , c a pa c i ty of the s ewa ge treatment pl a n t , de g re e to trea tab i l i ty of wa s te s i n the s ewa g e trea tme n t p l a n t , and o th e r pe r t i n ent factors . Th e su bs tances proh i bi ted a re : ( A) Any l i qu i d o r va p o r hav i ng a temperatu re h i g h e r than o n e hu n d red fi fty d e g r e e s ( 1 5 0 ° ) Fa h renhe i t ( 6 5 °C ) . ( B ) Sept i c ta nk effl u e nt . - 23 - ---PAGE BREAK--- ( C ) Any wa t e r o r wa s t e c o n ta i n i n g fa ts , wa x , g r ea s e , or o i l s , wh ethe r emu l s i f i ed or not , conta i n i ng su bs t an c e s wh i c h may sol i d i fy or b e c ome vi s c ous at tem pe r a tu res be tween thi rty t\-m deg rees ( 3 2 ° ) Fa h renh e i t a n d one hu n d red fi fty deg rees ( 1 50 ° ) Fa hre nh e i t ( 0 a n d 6 5 °C ) . ( D ) Any wa t e rs or wa s te s conta i n i ng strong a c i d i ro n p i c_k l i n g was tes , or c o n c e n tra t ed pl a t i ng sol u t i on s wh ether neutral i ze d o r not . ( E ) Any grou n d o r u n g round fru i t peel i ng s and cores from canne r i es a n d packi n g pl a nt s . Cu l l fru i ts a n d veg etab l e s . Fru i t and vege tab l e p i t s and s e eds . ( F ) Any wa te rs o r wa s te s conta i n i ng phen ol s o r other taste or odor produc i n g s u b s ta n ce s , i n s u c h concentra ti ons exceedi ng l i mi ts wh i c h may be e s tab l i s h ed by the Admi n i s t ra t i v e Author i ty or expert i se a t h i s di s po s a l as neces s a ry , after treatme nt of the compos i te sewa ge , t o mee t the req u i reme nts of the State , Federal , or o the r pu b l i c agenc i es or ju r i s d i c t i on for such d i sc ha rg e to the rec e i v i ng wa t ers . ( G ) Any rad i o ac t i ve wa s tes or i sotope s of s u c h h a l f- l i fe o r c oncen t ra t i on a s may exc eed l i mi ts e s t a b l i s h ed b y the Ad­ mi n i s tra t i v e Auth o r i ty a t h i s d i s po s a l i n comp l i ance wi t h a pp l i c a b l e S t a te o r Fede ra l regu l a t i o n s . -24- ---PAGE BREAK--- ( H ) Ma te r i al s wh i c h e x e rt or cau s e : 1 . Un u s u a l c o n c e ntra ti ons of i ne rt su s pe nded s o l i d s ( s u c h a s , bu t n o t l i m i ted to , fu l l e rs e a rt h , l i me s l u rr i e s , and l i me res i d ues ) or of d i s s o l ved sol i d s ( s u ch as , bu t not l i m i ted to sod i um su l fat e ) . 2. Exc e s s i ve d i s c o l o r a ti on ( s u c h as , bu t n o t l i mi ted to , dye wa s te s and vegetabl e tann i ng sol uti ons ) . 3. Unu s u a l fi ve ( 5 ) day BOD ( b i och emi c a l oxygen dema n d ) , or ch l o r i n e requ i reme n t s i n s u c h qu a nt i ti es as to cons t i tu te a s i g n i fi c a nt l o ad on the s ewa g e trea tmen t wo rks . 4 . Unu s u al vol ume of fl ow or con ce n t ra t i o n of wa stes con­ s t i tut i ng 11s l u gs 11 a s de fi ned h e r e i n . 5 . Wate rs o r wa s tes conta i n i ng su b st a n c e s wh i c h are n o t ame n abl e to treatmen t o r red u ct i on by the s ewa ge treatment proces s e s emp l oyed , o r are ame n ab l e to trea tment only to su ch deg r ee t h a t the sewa g e t rea tment pl a nt effl u e n t c a n n o t mee t t h e requ i remen t s o f o t h e r agenc i es ha v i ng j u ri sd i c t i o n o v e r d i s c h a rg e to the rece i v i n g wa ters . 27 : ACT I ON UPON D I SCHARGE HAV I NG QŒLETERI OUS E F FECT . I f any wa te rs o r wa s tes a re d i s c h a rge d , o r a re pro p o s e d to be d i sc h a rg ed i n t o -25- ---PAGE BREAK--- the sewe rs wh i ch i n the judgment of the Admi n i s t ra t i v e Authori ty may have a del et eri ous effe ct upon the sewage works , processes , equ i pment , or receivi ng waters , or wh i ch otherwi se create a haza rd to l i fe or cons ti tute a pu bl i c nu i sance , the Admi n i s tra tive Authori ty shal l : Reject the \-1a s tes , and/or Requ i re pre trea tment to· an acceptabl e cond i ti on fo r di s c h a rg e to the publ i c sewe rs , and/or ( C ) Requ i re control over the qua nti ti es and rates of di scharge , and/or Requ i re ad di t i onal payment to cover the added cos t of ha ndl i ng and treati ng the wastes nor covered by exi s ti ng taxes or sewer cha rges under the provi s i ons . I f the Admi n i s trat ive Authori ty permi ts the pretreatment or equ a l i za t i on of wa Ɵte fl ows , the des ign and i ns tal l a ti on of the pl ants and equ i pment shal l be su bject to the rev i ew and a pprov a l of the Admi n­ i s tra tive Authori ty . Whe re pre l i m i nary treatment fac i l i t i es are prov i ded for any wa ters or s tes , they shal l be ma i nta i ned conti n u ou s l y i n sati sfa ctory a nd effec.tive ope ra t i on by the owner a t hi s expense . -26- ---PAGE BREAK--- 2 8 : POW E RS AN D AUTHORI TY OF I NSPE CTORS . ( A ) Ri g h t of Entry Ge neral l y : The Admi n i s trati ve Au thor i ty o r the autho r i z e d repres enta t i v e o f the D i s tri ct . be ari ng pr ope r i d e nti fi cati o n and cred e n t i al s . shal l be permi t ted to enter al l pro pert i es fo r the pu r p o se of i ns pe cti on , obs e r­ va t i on , mea su reme n t , sampl i ng . a n d tes t i ng i n accorda n c e wi th the prov i s i ons of th i s Resol u t i on . ( B ) Ob serva nce of Safety Ru l e s : Wh i l e pe rfo rmi n g the neces s a ry wo r k o n pr i v a t e pr operti es refe rred to abov e , the Admi n i strati v e Author i ty or a u t h o r i z e d repr e s e n t a t i v e o f t h e D i stri ct s hal l observe a l l s a fe ty ru l es appl i ca b l e t o the premi ses es tabl i shed by the own e r a nd the own er s ha l l be h e l d h a rml e s s for i nj u ry or prope rty dama g e a s s erted a g a i n s t the owne r and growi ng out of the ga u gi ng and s ampl i ng opera t i on e xcept as such may be cau s ed by neg l i ge n c e or fai l ure o f the own er to ma i nta i n s afe condi t i ons . ( C ) R i g h t of Ent ry on Pr i vate Pr opert i e s Throu gh Wh i ch Di s t r i c t Hol d s Eas emen t : The Admi n i s tra t i v e Au t h o r i ty a n d other d u l y authori zed represe nta t i v e s of t h e D i s t r i ct , bear i n g proper credent i al s and i d e nt i fi c a ti o n , s h a l l be pe rmi tted to e nter a i l private pr ope rt i es through wh i c h the Di s t r i ct hol d s a d u l y neg o t i a te d e a s ement fo r the pu rpo s e s o f , bu t not l i mi ted - 27- ---PAGE BREAK--- to , i ns pe ct i on , o b s e rva t i o n , me a s u reme n t , s ampl i ng , repa i r , a n d ma i n t e n a n e e of a ny po rt i o n of th e se1»a g e v1orks . 1 y i ng wi t h i n s a i d e a s emen t . Al l entry a n d su b s equ ent wo rk , if a ny , on s a i d e a s eme n t , _ s ha l l be done i n fu l l a c c o rd a n c e wi th the tenns of the d u l y n ego t i a ted ea s ement pe rta i n i ng to the pr i v a t e prope rty i nvol ved . 29 : AUTHOR I TY OF D I ST R I CT TO WA I V E C ERTAI N REQU I R EMENTS . The D i s tr i ct may wa i v e certa i n requ i reme nts i n these ru l e s and regul a t i ons when s pe c i a l condi t i o ns i nd i c at e that the pu rpo s e of t h e s e requ i reme n t s a nd re gul a ti ons c a n b e ach i eved wi t hout s tr i c t ad h e re n c e to al l of the p rov i s i ons and requ i reme n t s . Va ri a nces s h a l l be determi n ed and a p proved for the spe c i fi ed t i me l i m i t s by the Admi n i s trat i v e Au t h o ri ty wi t h tech n i c a l expe rt i s e h e c o n s i d e rs n eces s a ry . 3 0 : S E\.J E R RATES . Th e sc h edu l e o f r a te s , fees , tool s and cha rges for the s a n i tary s ewe r fac i l i t i es and s e rv i c e s fu rn i s h ed by or throu g h , o r fo r the u s e of , the Di s tr i ct Sewer Sys tem , wh i ch rate s , fee s , tol l s , a n d ch a rge s s ha l l be fr om t i me to t i me s e t fo rth by a res o l u t i on of the B o ard and th ereby found and decl a red to be rea so nab l e a n d jus t , tak i n g i n a ccou n t a n d cons i d e ra ti o n t h e c o s t v a l ue of the sys tem a n d the c o s t of ma i nta i n i n g and ope ra t i n g the sys tem , and the prope r and neces s a ry a l l owa nces fo r the d epr e c i a t i o n the reof and the amou n t s neces s a ry fo r the r e ti reme nt of a l l bo n ds a n d other s e c u ri ti e s paya b l e from the rev enues of t h e sy s tem , a c c ru i n g in te re s t on al l su c h bo n d s , and re s e rves therefo r , b e a n d the s ame the reby , fi xed , establ i s hed , l ev i ed , i mpo s ed a n d otherwi s e p re s c r i bed . - 28- . . ---PAGE BREAK--- ' . ' 31 : WH E N DUE AND PAYAB L E , B l LL I NG PE R I ODS FI NES FOR OV E RD UE ACCOUNTS , D E L I NQUENT ACCO U NTS , F I N E S FOR DEL I NQUE NT ACCOUNTS . Whenever a res ol u t i o n s e tt i ng forth th e sewe r r a t e s as p r e s c r i bed in Sec t i on 30 of t h i s Re sol u t i o n i s ad o p ted by the Board , s u c h resol u t i o n s h a l l i nc l u d e the pe ri od of t i m e fo r wh i c h b i l l i ngs a r e to be a s s e s s e d , t h e d u e date for paymen t o f bi l l i ngs , t h e amou nt of fi n e s to be a s s e s sed on acco u nts not pa i d whe n d u e , the t i me a t wh i c h ove r d u e a c c o u n t s s h a l l be d e emed d el i nqu ent , the amou nt of fi nes to be a s se s s ed on de l i nqu ent accou n t s , a n d a ny other su c h pol i cy , ru l e s , o r regu l a t i o n s rel a t i ng to the pro­ ce d u re for b i l l i ng a c c o u n t s a n d col l ec t i o n . 3 2: TRAPS . Whe re i ns ta l l ed , a l l gre a s e , o i l and s a nd tra p s s hal l be ma i nt a i n ed by t h e own e r o r o c c u p a nt , a t h i s ex pe ns e , i n conti n u ou s l y e ffi c i ent ope ra ti on a t a l l time s . 33: OTH E R P E RM I TS . No pe rmi t s h a l l b e i s sued fo r the c ons tru c ti on o f a ny bu i l di ng o r s tru ctu re i n the Di s tri c t u n l e s s the pl an s and s pec i fi ­ c a t i ons s how co n n ect i on s i n comp l i a n ce wi th th i s Re s o l u t i on . 3 4 : VI OLAT I O N . It s ha l l be u n l awfu l to o c c u py o r u s e a ny bu i l d i ng o r s tru ctu re i n vi o l a t i o n of t h i s Ordi n a n c e a nd a ny v i o l a t i o n of t h i s Ord i n a n c e s ha l l b e pu n i s h a b l e a s a mi sdeme a n o r . 3 5 : RU L E S A N D REGULATI ONS . The Admi n i s trati v e Au thor i ty i s h ereby a u t ho r i z e d to a d o p t ru l e s , reg u l a t i o n s , a n d s ta n da rds to ca rry out and enforce the pro v i s i ons o f th i s Resol u t i o n . -29- ---PAGE BREAK--- . . 3 6 : I NVAL I DA T I O N CLAUS E . I f a ny s e c t i o n , pa ragra p h , cl a u s e or provis i on of t h i s Ord i n a n c e s h a l l be hel d to be i nv a l i d for any rea s o n , s u c h i nval i d i ty s ha l l not a ffect the va l i d i ty o f e n fo rcea b i l i ty of the rema i nϽ ng prov i s i on s the reof. 3 7 : L iA B I L I TY TO D I STR I C T . Any pe r s o n wh o s hal l vi ol a te a ny provi sions o f t h i s Resolu t i on s h al l be l i a b l e to t h e D i s tr i c t foˇ a ny ex p e ns e , l os s , dama g e , c os t of i ns pect i on o r cos t of correct i on i nc u rred by the Di s t r i ct or thei r Auth o r i z e d Age n t by reason of such v i ol a t i o n , i nc l u d i n g a ny expe ns e s i nc u rred by the D i s tr i c t i n col l ecti ng from such p e r s o n of su ch l os s , dama g e , expense , c os t of i ns pect i on or cost of c orrect i on . 3 8 : NOT I C E OF V I OLAT I O N . fmy person found to be vi olati n g any p r ov i s i on of th i s ch a p te r s h al l be se rved by t h e D i str i c t wi t h personal or regi s tered ma i l e d n o t i c e sta t i ng the n a tu re o f the vi ol a t i on a n d prov i d i n g a reasonabl e t i me l i m i t for t h e s at i s fa c tory correct i on thereof . Th e offe nd e r s h al l , wi t h i n the pe r i od , o f t i me s ta ted i n s u c h not i c e , p e rm a n e n tl y cease a l l vi ol a t i o n s and make al l nece s s a ry c o rrecti o n s . 39 : CONT I NUED V I OLA T I O N ; P E NALTY . Any pe r s o n who sha l l continue any v i o l a t i o n bey o n d the time l i.mi t pro v i d e d fo r i n S e ct i on 38 s h a l l , i n addi ti on to t h e i tems of expens e prov i d ed i n Sect i on 3 7 , be come li abl e to t h e Di s t ri ct for a pe n a i ty i n t h e amo u nt of ten pe rcent (1 of s u c h ex p e n s e i tems , together wi t h i n terest thereon a t ten perc ent (1 pe r a nnum from t h e da te of t h e time l i mi t pro v i d e d i n Sect i on 3 8 . -30- ---PAGE BREAK--- 40 : CR I M I NAL PENA L TY . Any person , f i nn o r c orpora t i on who 1.,ii l l ­ fu l ly vi o l ates any of t h e te rms o r c ond i t i ons o f t h i s Res o l u t i on s ha l l be g u i l ty of a mi sdemea n o r , a n d on c onv i ct i on the reof , s h a l l be subject to a fi ne of no t mo re than $ 2 5 0 . 0 0 . 41 : CI V I L L IA B I L I TY FOR DAMAGES. Any pe rs o n , fi rm or c orpo r a t i on who wi l l fu l ly or neg l i ge n t l y b r e ak s , dama g e s , d e s troy s , u ncov e rs ; defaces o r tampe rs wi th a ny s tructu re , a p pu rtena n c e , or pi ec e of equ i pment wh i c h i s a pa rt of t he D i s tr i c t s ewe rage fa c i l i t i e s , o r w h o wi l l fu l l y o r n eg l i g e ntl y throws , d umps or o t h e rwi s e i nt r od u c es a ny d i r t , ro ck s , s t i c k s , debri s , o r a ny o t h e r fo re i g n ma tte r i n the D i s t r i c t sewera g e sys tem s ha l l b e l i abl e to t h e D i s t r i c t f o r t h e cos t s of repa i r the reof . 4 2 : L I E N . I n t h e ev e n t that a ny pe rs on , fi i:m o r corpora ti o n fai l s -to pay any fee or cha rge a s s e t fo rth i n th i s Re so l u t i on o r pu rs u ant Reso l u t i on , wi t h i n ni nety ( 9 0 ) d ays a fte r t h e s ame i s b i l l ed by the D i s tr i ct or the i r a u t h o r i i e d ag e n t , the unpa i d bal a n c e pl u s i ntere s t s hal l become and rema i n a l i e n a ga i n s t the property . 4 3 : L I EN ATTA CHM E NT . Th e Admi n i s tr a t i v e Au t hor i ty s h a l l cert i fy p e ri odi c a l l y the del i nqu e n c i e s to the D i s t r i ct Sec r e t a ry and Trea su rer a t wh i c h t ime the l i en s h a l l a tta c h . 4 4 : L E N I NT E R גST. The l i en s h a l l be fo r a l l cha rg e s , i nte r e s t a t t e n pe rce n t ( 1 pe r y e a r , o r a s o th e rw i s e s et by the B o a rd , from t h e - 3 1 - ---PAGE BREAK--- " . ' , 4 I . . ' date due unt i l paid , a nd s hal l attach to the premi ses to which the servi ces were fu rni s hed . 45: L I EN FORECLOSURE . Upon the exp i rati on of s i xty ( 60) days after the attachment of the l i en here i n , t he Di strict may bri ng su i t i n forecl osure by civi l acti on i n the Latah Superior Court . 46: DATE OF EFFECT : Th i s Resol uti on sha l l be i n fu l l force and effect from and a fter the 1 st day of Ju ne , 1 981 . DA TED t h i s _ _ day of Octobe r , 1 980. CHAI RMAN : 1.0.1M.  an . 1 1 1 ams BOP.RD : lLL:fl jf;;tlth J -32- ---PAGE BREAK--- RESOLUTION NO . SOUTHEAST MOSCOW WATER AN D SEWER DISTRICT CONSTRUCTION STANDARDS AND SPECI FICATIONS Exhibit 2 1 . CONSTRUCTION STAN DARDS AND SPECI FICATIONS . Th i s Resol ution establ i shes standa rds fo r the constructi o n of al l col l ector s ewers , s id e sewers or servi ce sewers that connect i nto the Di stri ct system , a s provi ded i n Sect ions 7 , 1 9 and 20 of Resol ution No . C-4-80. 2 . C I TY O F MOSCOW STANDARDS ADOPTED . The C i ty of Moscow Standard Cons truct ion Speci ficati ons , March 1 978, a re hereby adopted by the Di strict . 3 . EXCEPT I ONS . PVC gaske ted sewer p i pe , SOR 35, conformi ng to ASTM 3034, s hal l be used for al l new grav i ty sani tary sewer and s ervi ce cons truct i o n . 4 . DATE O F EFFECT . Th i s Resol ution shal l be i n fu l l force and effect from and after the JO• day of c;e.1P61;1 1 981 . DATED t h i s :Jo-tf. day of October , 1 981 . ---PAGE BREAK--- Exhibit 3 COOPERATIVE AGREEMENT BETWEEN NORTH LATAH COUNTY HIGHWAY DISTRICT AND SOUTHEAST MOSCOW WATER AND SEWER DISTRICT RELATING TO THE PROVISION OF WATER AND SEWER SERVICES This Cooperative Agreement Relating to the Provision of Water and Sewer Services ("Agreement") is entered into as of this day of 2014 ("Effective Date"), by and between the North Latah County Highway District, a body politic and corporate of the state of Idaho and the Southeast Moscow Water and Sewer District, a governmental subdivision and body corporate of the state ofldaho RECITALS: A. organized as provided by law, is a body politic and corporate of the state ofldaho and, as such has the powers specified in Idaho Code section 40-1301 et se§J.. and in other Idaho statutes, which power lies in its commissioners or by agents or officers acting under their authority or authority of law. B. has exclusive general supervisory authority over all public highways, public streets and public rights-of-way under thejr jurisdiction and, aefing through its commissioners, has power to manage and conduct the business and· affairs of C. organized as provided by law, is a governmental subdivision of the state of Idaho and a body corgora:te with all powers of a pu lie or quasi-municipal corporation and, as such, has the powe s spec1fie, in Idaho Code section 42-3201 et seq. and in other Idaho statutes, which power lies in "ts directors. D. has powei: and authority, as provided by law, to construct and maintain works and establish aotl m_aintain facilities including along any public highway, to enter into contracts and agreement , eooperative and otherwise, affecting the affairs of the for the purposes of'supplying water for dome tic, commercial and/or industrial purposes and providing for sewage disposal, to extend fts water lines to the source of water supply and to extend its sewer lines to an appropriate 1c0 tlet . E. It is ב in.tent of the state of ldaho legislature, as expressed in Idaho Code section 40-210, that and among other public highway agencies and utilities providing utility services to the public, engage in cooperative measures to provide economic utility facilities and services for residents of the state of Idaho. F. and have been parties to that certain Right-of-Way Permit entered into on September 30, 1980 in regard to use of public highway and public rights-of-way under jurisdiction for the provision of water and sewer services to the public and now desire to enter into this Agreement to continue cooperative measures that provide the public served by with economic water and sewer facilities and services. COOPERATIVE AGREEMENT - 1 ---PAGE BREAK--- WITNESSETH: NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth to be kept and performed by and it is mutually agreed as follows: I. AGREES: 1 . To permit to operate, administer, construct, install, establish, maintain, repair, remove, abandon and/or relocate facilities, equipment, pipelines and ether works and/or installations (individually or collectively, as determined by context, "Facilities"), to supply water for domestic, commercial and/or industrial purposes and to provide for sewage collection and disposal within jurisdiction under, upon and over public highways and/or public rights-of-way within jurisdiction in compliance with an)', and all applicable requirements set forth in the latest published edition of the ldah0 Standards For Public Works Construction (ISPWC) Manual and/or modifications to the ISPWC Manual, (ii) Highway Standards and Policies for the (iii) any and all applicable City of Moscow, Idaho public works standards and/or policies and (iv) any and all oilier, applicable federal, state and/or local statutes, rules, law, ordinances and/or regulatiens elated thereto. 2. To take all reasonable actions to perform those duties aƳd/or responsibilities of the required by law and/or this Agreement in the furtherance of the intent and purposes of this Agreement. II. AGREES: 1 . To operate, admlriister, construct, install, establish, maintain, repair, remove, abandon and/or relocate Facilities to, supply water fer domestic, commercial and/or industrial purposes and to provide for sewage c©,lleoti0n and disposal within jurisdiction under, upon and/or over public highwaƴs and/or p blic rights-of-way within jurisdiction in compliance with any and all applicable re uirements set forth in the latest published edition of the Idaho Standards For :Pµblic W0rks Construction (ISPWC) Manual and/or modifications to the ISPWC Manual, {ii) Highway Standards and Policies for the (iii) any and all applicable City of N1osc0w, Idaho public works standards and/or policies and (iv) any and all other, aP.plicable federal, state and/or local statutes, rules, law, ordinances and/or regulations related thereto. 2. To notifY N LCHD in writing in advance of and to obtain prior written approval for any cons'truction, installation, repair, removal and/or relocation of any Facilities (the "Work") located or to be located under, upon and/or over public highways and/or public rights­ of-way within jurisdiction. 3. To have an Idaho-licensed, professional engineer prepare the plans and specifications for any Work considered public work under Chapter 12 of Title 54 of the Idaho Code and (ii) review construction of any such Work to ensure that applicable standards for any such Work are being used, met and, as applicable, tested prior to inspection and/or approval and COOPERATIVE AGREEMENT - 2 ---PAGE BREAK--- acceptance by Work shall not be done without prior written approval of plans and specifications by 4. To maintain Facilities in a good, workmanlike, serviceable and safe condition, free from waste, so far as affected by operations, to the reasonable satisfaction of in a manner that improvements and/or other public or utility improvements located on public rights-of-way and public highways within jurisdiction shall not be damaged, impaired, or adversely affected, including, but not limited to, placing, maintaining, keeping and/or resetting manholes, manhole covers and any other Facilities located within the travelled surface of the roadway, in a manner and at a grade that, to the reasonable satisfaction of does not constitute a hindrance, obstacle or impediment to pub ·c travel. 5. To conduct all Work in an expedient manner with .minim ihterference or interruption of traffic on any public highways and public rights-of- ay within jurisdiction and to take, at sole cost and expens , such measures as n®essaJ}' or as directed by to ensure the safety of those using arty such public highways or public rights-of-way during periods of construction and/or maintenance. 6. At sole cost and expense, to remoy.e any surplus material and clean up any work site and repair, restore and/or replace to then existing highway standards and subject to prior approval thereof, Ƶy damage to public hiאhways and/or public rights­ of-way and/or improvements thereon within jurisdictionlcaused and/or occasioned by Work and/or negligence and/or failll.re to aoide.by any term and/or provision ofthis Agreement. Notwithstanding the above, at sole election, shall have the option to repair, restore and/o.r..replace any such damage road surfaces, facilities or improvements at the expense of and SM.WSD shall reimburse therefor upon written notice by 7. To expressly assume full responsibility for proper maintenance of the Facilities and full and strict liaoility for any and all damages of every nature to persons or property caused by operations, maintenance ano/or Work in connection with rights and duties under this Agreement. 8. For itself, its agents, officers, directors, employees, contractors, subcontractors or invitees, their s_uccessors and assigns (collectively "Indemnitors") to release, defend (with counsel reasonably satisfactory to and indemnify the and all of the commissioners, officers, employees, contractors and agents, their successors and assigns (collectively known as "Indemnitees"), from and against all claims, causes of action, proceedings, losses, damages, liability, cost, and expense (including, but not limited to, the property and employees of each party) ("Liability") when arising or resulting from performance by Indemnitors, or any of them, of operations, maintenance and/or Work under, upon and/or over public highways and/or public rights-of-way within jurisdiction, or breach of any provision ofthis Agreement. It is the express intent of the parties that Indemnitors and each of them will indemnify and hold harmless Indemnitees from any and all claims, suits or . actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part oflndemnitees or other Indemnitors, except to the COOPERATIVE AGREEMENT - 3 ---PAGE BREAK--- extent the Liability was attributable to the gross negligence, willful misconduct or criminal acts of a particular Indemnitee, it being understood and agreed that any Indemnitee not acting in such a manner shall still be entitled to the full benefits ofthis indemnity. Indemnitors and each of them waive any and all rights to claim and/or assert any type of express or implied indemnity against Indemnitees. This indemnity shall survive termination of this Agreement. It is the intention of the parties that should any term of this indemnity provision be found to be void or unenforceable, the remainder of the provision shall remain in full force and effect. 9. To comply, at expense, with all applicable laws, re lations, rules and orders with respect to the use of public highways and/or public rights-of- "thin jurisdiction, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, runental protection, hazardous materials, waste disposal and water and air quality and W furnish tisfactory evidence of such compliance upon request of Before beg· · [g aŸ Work de this Agreement, shall also obtain, at expe e, an d all permi approvals required for construction and operation of the ork an shall provide copies of such approvals. 10. This Agreement is made sulf set forth in Title 40 of the Idaho Code for th of-way within jurisdiction and for 1 1 . dispute arising between and regarding Work and/or maintenance of acilities , r repair and/or restoration of improvements and/or regarding any other eonstruction related matter under this Agreement shall be resolved by an Idaho-licensed, profi ssional engineer appointed by and such professional engineer's decision in regard to any such matter shall be complied with, as applicable, by and/or 12. That the terms of this Agreement shall be reviewed at least every ten (10) years by and and that any proposed changes must be approved by Board of Commissioners and Board of Directors. This Agreement shall be in effect until December 3 1, 2044 or upon an earlier annexation or dissolution event by which either party's jurisdiction and/or authority in connection with this Agreement becomes null and void. COOPERATIVE AGREEMENT - 4 ---PAGE BREAK--- 1 3 . Notices. All notices required or permitted to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered main, return receipt requested, or by personal delivery, to the appropriate address indicated below. North Latah County Highway District 1 132 East White Avenue Moscow, Idaho 83843 with copy to: Landeck & Forseth P.C. Attorneys at Law 693 Styner A venue, Suite 9 PO Box 9344 Moscow, Idaho 83843 Southeast Moscow Water and Sewer District 14. Attorney Fees. If any legal proceeding shoul e instituted by either of the parties to enforce the terms of this Agreement or t determine the rig ts of the parties under this Agreement, the prevailing party in any sue · ceeding shall be a ed, in addition to all court costs,' a reasonable sum for attorney fees. 15. 16. [print name] Its Chairman COOPERATIVE AGREEMENT - 5 this Agreement shall be interpreted Southeast Moscow Water and Sewer District, a political subdivision of the state of Idaho, acting through its Board of Directors By: _ _ _ _ _ _ _ _ _ _ _ _ [print name] Its Chairman ---PAGE BREAK--- STATE OF IDAHO ) ) SS. County of Latah ) On this day of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be Chairman of the Board of Commissioners of the North atah County Highway District, an Idaho body corporate and politic, whose name is sub riotJJ to the foregoing instrument, and acknowledged to me that the North Latah Co ty Highway District executed the same. STATE OF IDAHO ) ) SS. County of Latah ) COOPERATIVE AGREEMENT - 6 NOTARY PUBLIC for Idaho My commission expires: _ _ _ _ _ _