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Rolla, MO 65401

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Chapter 35 - Sewers and Water

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Chapter Contents:

ARTICLE I. IN GENERAL



ARTICLE II. SEWER BILLING



ARTICLE III. USE OF PUBLIC SEWERS REQUIRED



ARTICLE IV. PRIVATE SEWAGE DISPOSAL



ARTICLE V. BUILDING SEWERS AND CONNECTIONS



ARTICLE VI. USE OF THE PUBLIC SEWERS



ARTICLE VII. PROTECTION OF SEWAGE WORKS FROM DAMAGE



ARTICLE VIII. POWERS AND AUTHORITY OF INSPECTORS



ARTICLE IX. USER RATES



ARTICLE X. CHARGES FOR WASTEWATER SERVICES (USER CHARGES)



ARTICLE XI. BOARD OF PUBLIC WORKS



ARTICLE XII. WATER SERVICE



ARTICLE XIII. USE OF PUBLIC WATER SUPPLY REQUIRED EXCEPTIONS



ARTICLE XIV PRETREATMENT FOR INDUSTRIAL WASTEWATER USERS



Appendices



ARTICLE I IN GENERAL

Sec. 35-1. Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

"BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20oC, expressed in milligrams per liter.

"Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

"Building sewer" shall mean the extension of the building drain to the public sewer or other place of disposal.

"Combined sewer" shall mean a sewer receiving both surface runoff and sewage.

"Control manhole" shall mean a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "control manhole" is to provide access for the City of Rolla representative to sample and/or measure discharges.

"Federal act" shall mean the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500) and (Pub. L. 93-243).

"Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

"Industrial wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from normal domestic wastewater.

"Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

"Normal domestic wastewater" shall mean wastewater that has a BOD concentration of not more than 200 mg/1 and a suspended solids concentration of not more than 250 mg/1.

"Person" shall mean any individual, firm, company, association, society, corporation, or group.

"pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

"Pretreatment" shall mean the treatment of wastewaters from sources before introduction into the wastewater treatment works.

"Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.

"Public sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

"Public works director" shall mean the public works director of the City of Rolla or his authorized deputy, agent, or representative.

"Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

"Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

"Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.

"Sewage works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.

"Sewer" shall mean a pipe or conduit for carrying sewage or storm water runoff.

"Sewerage" shall mean the system of sewers and appurtenances for the collection, transportation and pumping of sewage.

"Shall" is mandatory, "may" is permissible.

"Slug" shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

"Standard methods" shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

"Storm drain" (sometimes termed "storm sewer") - shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

"Stormwater runoff" shall mean that portion of the precipitation that is drained into the sewers.

"Suspended solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

"Wastewater" shall mean the spent water of a community. It may be a combination of the liquid and water-carried wastes from residences, commercials buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

"Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.

"Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "pollution control plant".

"Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2136, §2; Ord. 2886, §3)

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Sec. 35-2. Establishing procedure for protests concerning solicitations or contract awards for the construction and maintenance of a public sewer and waste water system.

(a) The city council of the City of Rolla does hereby establish the following procedures for prompt consideration of initial protests filed by contractors or subcontractors concerning the solicitations or contract awards for construction and maintenance of the City of Rolla projects including a public sewer and waste water system, as follows:

(b) A protest is a written complaint concerning the City of Rolla solicitation or award of a sub-agreement or contract which must be filed in writing with the city clerk of the City of Rolla by a party with a direct financial interest adversely affected by the City of Rolla procurement action for the construction and maintenance of a public sewer and waste water system.

(c) A party with a financial interest which believes it is adversely affected by a procurement action by the City of Rolla must file a written protest stating the basis for said protest with the city clerk of the City of Rolla as early in the procurement process as possible. A protest must be received by the clerk within seven (7) days after the basis for the protest is known or reasonably should have been known. Said city council, upon receipt of said protest shall hold a hearing as soon as reasonably possible or proper and legal notification to the party with the financial interest which is allegedly adversely affected by the action of the City of Rolla and that said protestor shall be accorded a complete hearing and shall have the right to adduce evidence, both verbal and documentary to the city council and upon conclusion of the hearing and the evidence adduced as submitted the city council shall announce and issue its written decision and order making disposition of the issues raised in said protest. A written copy of the decision of the city council shall be served upon the protestor within seven (7) days after the hearing.

(d) Protestant shall have seven (7) days thereafter to file a protest appeal with the appropriate United States or state agency or official making any awards of financial assistance to the City of Rolla in the construction and maintenance of said public utility projects.

(e) The protest appeal shall be governed by the rules and regulations of the Environmental Protection Agency as set forth in 40CFR, Part 31, Section 31.36(b)(12) which are incorporated by reference herein as the same pertains to the City of Rolla.

(f) The provisions of this ordinance shall be incorporated in any solicitations, contract awards, or sub-agreements entered into by the City of Rolla.

(g) The provisions of this ordinance are severable and if any provision or part hereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this ordinance. (Ord. 2814, §§1-7; Ord. 2886, §3)

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Sec. 35-3. Establishing access fee areas.

(a) For recouping cost of extending sewers into unsewered areas of the City of Rolla the City Council shall establish by ordinance access fee areas.

(b) The Public Works Director with the approval of City Council shall establish the boundaries of the access fee area, determine the appropriate access fee and cause these sewers to be constructed. (Ord. 3419, §1)

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Sec. 35-3.1. Harris Subdivision Sewer Access Fee Area.

(a) The Harris Subdivision Sewer Access Fee Area is hereby established. The boundaries of this area are described as follows: (Ord. 3424, §1)

The West 1500 feet of the South Half of the North half of the Northwest Quarter of Section 24, Township 37 North, Range 8 West of the 5th P.M. in Rolla, Phelps County, Missouri. Containing 27.7 acres, more or less.

(b) The City Council of the City of Rolla, Missouri declares that it is necessary to construct sewers within the said sewer Access Fee Area for sanitary purposes, and that it will be to the best interest of the residents of said Access Fee Area and the City of Rolla to construct said sewers. (Ord. 3424, §2)

(c) The City Council of the City of Rolla, Missouri, hereby authorizes the City Engineer to prepare plans and specifications for construction of the sewers within said Access Fee Area, including all necessary laterals, manholes, and other appurtenances and including an estimate of the cost thereof, and to file the same with the City Clerk who shall keep the same subject to the inspection of the public. (Ord. 3424, §3)

(d) Anyone connecting to this sewer constructed by the City of Rolla in this Access Fee Area shall pay to the City of Rolla as an Access Fee $2700.00; and anyone connecting to a sewer built by others in this Access Fee Area shall pay to the City of Rolla as an Access Fee $400.00. (Ord. 3424, §4)

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Sec. 35-3.2 Southside Sewer Access Fee Area.

(a) The Southside Access Fee Area is hereby established. The boundaries of this area are described in Ordinance Number 3159, Passed by the City Council of the City of Rolla, Missouri and approved by the Mayor on the 26th day of November, 1996. (Ord. 3462, §1)

(b) The City Council of the City of Rolla, Missouri declares that it is necessary to construct sewers within the said sewer Access Fee Area for sanitary purposes, and that it will be to the best interest of the residents of said Access Fee Area and the City of Rolla to construct said sewers. (Ord. 3462, §2)

(c) The City Council of the City of Rolla, Missouri, hereby authorizes the City Engineer to prepare plans and specifications for construction of the sewers within said Access Fee Area, including all necessary laterals, manholes, and other appurtenances and including an estimate of the cost thereof, and to file the same with the City Clerk who shall keep the same subject to the inspection of the public. (Ord. 3462, §3)

(d) Anyone connecting to this sewer constructed by the City of Rolla in this Access Fee Area shall pay to the City of Rolla as an Access Fee $2700.00; and anyone connecting to a sewer built by others in this Access Fee Area shall pay to the City of Rolla as an Access Fee $400.00. These access fees shall be adjusted on an annual basis based on the Construction Cost Index published by American City & County or by other methods approved by the City Council of the City of Rolla. (Ord. 3462, §4)

(e) These Access Fees shall not apply to the connections made in conjunction with the Neighborhood Improvement District as described in Ordinance Number 3310, Passed by the City Council of the City of Rolla, Missouri and approved by the Mayor on the 3rd day of May, 1999. Further, this Access Fee shall not apply to the connections made in conjunction with any 50-50 cost share agreements entered into before January 1, 2002. (Ord. 3462, §5)

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Secs. 35-4 to 35-28. Reserved.

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ARTICLE II SEWER BILLING

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Sec. 35-29. Method of billing - Combined water and sewerage services.

The general manager of Rolla Municipal Utilities or such other officers or representatives of the city as may be designated from time to time shall cause all water meters to be read and bills for sanitary sewerage services to be rendered monthly as services accrue. All bills shall be due and payable from and after the date such bills are rendered, at the office of the municipal utilities, during the regular hours of business. The general manager, or other persons designated, may calculate the amount of each bill for sanitary sewerage services and may add the same to the amount of the bill of the customer for water and water services and render such customer a combined bill for such water and sewerage services. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-30. Due dates for water and sewerage bills.

The due date of bills for sanitary sewerage services shall be the same as the due date of the customer's bill for water service. If any bill for water and sanitary sewerage service is not paid by the due date, the water service will be disconnected. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-31. Owner and occupant jointly and severally liable for water and sewerage systems.

The occupant and user of the premises receiving sanitary sewerage services or water and sewerage services combined and the owner of such premises shall be jointly and severally liable to pay for such service rendered on the premises. The city shall have power to sue the occupant or owner, or both of the real estate in a civil action to recover any sum due for services plus a reasonable attorney's fee to be fixed by the court. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-32 to 35-52. Reserved.

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ARTICLE III USE OF PUBLIC SEWERS REQUIRED

Sec. 35-53. Depositing objectionable waste on public or private property within city.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Rolla, or in any area under the jurisdiction of the City of Rolla, any human or animal excrement, garbage, or other objectionable waste. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-54. Discharge of polluted water to natural outlet within the city.

It shall be unlawful to discharge to any natural outlet within the City of Rolla, or in any area under the jurisdiction of the City of Rolla, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-55. Construction or maintenance of privy, cesspool, etc. for disposal of sewage.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-56. Installation of suitable toilet facilities and connection with public sewer system within ninety days of notification.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Rolla and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City of Rolla, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days of the date of the official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-57 to 35-61. Reserved.

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ARTICLE IV PRIVATE SEWAGE DISPOSAL

Sec. 35-62. Use where public sanitary sewer not available; compliance with division.

Where a public sanitary or combined sewer is not available under the provisions of Article III, Section 35-56, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-63. Permit - Required prior to commencement of construction; application fee.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the public works director. The application for such permit shall be made on a form furnished by the City of Rolla, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the public works director. A permit and inspection fee of twenty-five ($25) dollars shall be paid to the city at the time the application is filed. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-64. Same - Effective upon satisfactory completion of installation; final inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the public works director. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the public works director when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within sixty (60) hours of the receipt of notice to the public works director. (Ord. 2136, § 2; Ord. 2886, §3.)

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Sec. 35-65. Compliance with state water pollution board recommendations; when permit denied; septic tank or cesspool discharge into natural outlet.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Missouri. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-66. Required use of public sewer upon availability; abandonment and filling of private facilities.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article IV, Section 35-65, a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-67. Owner responsible for operation and maintenance costs.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City of Rolla. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-68. Division not to interfere with requirement imposed by health officer.

No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Department. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-69. Building sewer to be connected to public sewer when available.

When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean back run gravel or dirt. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-70 to 35-74. Reserved.

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ARTICLE V BUILDING SEWERS AND CONNECTIONS

Sec. 35-75. Permit required by unauthorized person uncovering, using, etc., any public sewer or appurtenance thereof.

No unauthorized person shall uncover, make any connections with or opening into; use; alter; or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the public works director. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-76. Disposal in compliance with federal standards.

All disposal by any person into the sewer system is unlawful except those discharges in compliance with federal standards promulgated pursuant to the Federal Act and more stringent state and local standards. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-77. Classes of building sewer permits; application, fee and permit conditions.

There shall be two (2) classes of building sewer permits; (a) for residential and commercial service, and (b) for service establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City of Rolla. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the public works director. A permit, and inspection fee of fifty ($50) dollars for a residential or commercial building sewer permit and fifty ($50) dollars for an industrial building sewer permit shall be paid to the City of Rolla at the time the application is filed.

The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-78. Permit and connection contingent on capacity of system.

A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-79. Installation and connection costs to be borne by owner; indemnification of city; rebate program.

All costs and expenses incident to the installation, connection and maintenance of the building sewer (sewer lateral) shall be borne by the owner. The owner shall indemnify the City of Rolla from any loss or damage that may directly or indirectly be occasioned by the installation or replacement of the building sewer. The City of Rolla shall provide a rebate equivalent to twenty-five dollars per linear foot ($25/LF) for sewer lateral replacement in the City’s street right-of-way. The rebate is intended to offset the additional cost of sewer lateral replacement in the street right-of-way. Beginning in January 2007 said rebate will be adjusted to reflect the Consumer Price Index for the preceding year. (Ord. 2136, §2; Ord. 2886, §3; Ord. 3721, §1)

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Sec. 35-80. Separate and independent building sewer required for every building; exception.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-81. Use of old building sewers to serve new buildings.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this Ordinance. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-82. Size, slope, etc., of building sewers, excavation methods, etc., to comply with building and plumbing codes, etc.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Rolla. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T M. and W.P.C.F. Manual of Practice No. 9 shall apply. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-83. Elevation of building sewer; lifting of sanitary sewage from building drain.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-84 Discharge of surface runoff or groundwater to public sanitary sewer through connection of roof downspouts, etc., with building sewer or building drain.

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-85. Sewer connections to conform to all applicable city regulations; deviations to be approved.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Rolla, or the procedures set forth in appropriate specifications of the A.S.T.M.and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the public works director before installation. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-86. Inspection and connection of building sewer to public sewer; supervision of connection.

The applicant for the building sewer permit shall notify the public works director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director or his representative. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-87. Excavations to be adequately guarded with barricades and lights; restoration of disturbed streets, sidewalks, etc. to satisfaction of city.

All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City of Rolla. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-88 to 35-92. Reserved.

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ARTICLE VI USE OF THE PUBLIC SEWERS

Sec. 35-93. Stormwater, surface water, etc. - Discharge to sanitary sewer prohibited.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-94. Same - Discharge to storm sewers or approved natural outlet.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged on approval of the public works director, to a storm sewer, combined sewer, or natural outlet. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-95. Prohibiting the discharge of certain waters and wastes to public sewers.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, which constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.

(c) Any waters or wastes having a pH lower than 6, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. (Ord. 3070, §1)

(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-96. Certain substances, materials, etc. which may be prohibited from discharge by public works director; factors to be considered.

Any waters or wastes having (1) a five (5) day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two (2) percent of the average sewage flow of the city, shall be subject to the review of the public works director. Where necessary in the opinion of the public works director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the public works director and no construction of such facilities shall be commenced until said approvals are obtained in writing."

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the public works director that such wastes can harm either the sewers, sewage treatment process, or equipment, can have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the public works director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(a) Any liquid or vapor having a temperature higher than one hundred-fifty (150) oF (65oC).

(b) Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred-fifty oF (0 and 65oC).

(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower or greater shall be subject to review and approval of the public works director.

(d) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.

(e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the public works director for such materials.

(f) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the public works director as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the public works director in compliance with applicable state or federal regulations.

(h) Any waters or wastes having a pH in excess of 9.5.

(i) Any mercury or any of its compounds in excess of 0.0005 mg/1 as Hg at any time except as permitted by the public works director in compliance with applicable state and federal regulations.

(j) Any cyanide in excess of 0.025 mg/1 at any time except as permitted by the public works director in compliance with applicable state and federal regulations.

(k) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate);

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(3) Unusual BOD (chemical oxygen demand) or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

(4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

(l) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-97. Action of public works director upon discharge or proposed discharge of waters or wastes as enumerated in Section 35-96 and deemed unacceptable.

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possesses the characteristics enumerated in Section 35-96 of this Article, and which in the judgment of the public works director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the public works director may:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable condition for discharge to the public sewers;

(c) Require control over the quantities and rates of discharge; and/or

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges under the provision of Article IX.

If the public works director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the public works director, and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-98. Grease, oil and sand interceptors; when required, approval and accessibility.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the public works director, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 2136, §2; Ord. 2886, §3.)

Every person in the city of Rolla required by this Ordinance to install a grease, oil and sand interceptor shall permit the Director of Public Works or any person he shall designate to inspect the interceptors. If in the opinion of the Director of Public Works or the person he shall designate, the interceptor is not functioning adequately as installed to clean liquid waste, the Director of Public Works or his designee shall issue a summons noting the date of inspection, the reasons for failure, and any required remedial action. After the expiration of ten days from the date of inspection and issuance of summons, in the event the interceptor has not been rendered capable of passing inspection, the owner shall be deemed to have created a nuisance as defined in Sections 28-1 and 28-6 of the Rolla City Code, and the Director shall be empowered to proceed as in that Chapter. (Ord. 2935, §1)

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Sec. 35-99. Maintenance of preliminary treatment or flow-equalizing facilities in effective operation and at owner's expense.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.(Ord. 2136, §2; Ord. 2886, §3)

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Sec. 35-100. Installation and maintenance requirements for control manhole.

When required by the public works director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the public works director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-101 Tests required on industrial wastes for compliance with governmental regulations and special conditions.

The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this Ordinance and any special conditions for discharge established by the City of Rolla or regulatory agencies having jurisdiction over the discharge.

The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the City of Rolla, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the City of Rolla at such times and in such manner as prescribed by the City of Rolla. The owner shall bear the expense of all measurements, analyses, and reporting required by the City of Rolla. At such times as deemed necessary, the City of Rolla reserves the right to take measurements and samples of analyses by an outside laboratory service. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-102. Determination of measurements, tests, etc.; applicability of certain publication; method of sampling.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.

The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH's are determined from periodic grab samples. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-103. Special agreements between city and industrial concern.

No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City of Rolla and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City of Rolla for treatment, subject to payment therefore, by the industrial concern. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-104 to 35-108. Reserved.

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ARTICLE VII PROTECTION OF SEWAGE WORKS FROM DAMAGE

Sec. 35-109. Damaging, tampering, etc. with any sewage works structure; interference with manhole; immediate arrest.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-110 to 35-114. Reserved.

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ARTICLE VIII POWERS AND AUTHORITY OF INSPECTORS

Sec. 35-115. Authority to enter property for purpose of inspection, observation, etc. - Limited to waste discharge.

The public works director and other duly authorized employees of the City of Rolla bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The public works director or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-116. Same - Observance of company safety rules; indemnification of company; exception.

While performing the necessary work on private properties referred to in Section 35-115, the public works director or duly authorized employees of the City of Rolla shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City of Rolla employees and the City of Rolla shall indemnify the company against loss or damage to its property by City of Rolla employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 35-100. (Ord. 2136, § 2; Ord. 2886, §3.)

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Sec. 35-117. Same - Property through which city holds duly negotiated easement; compliance with terms pertaining to property.

The public works director and other duly authorized employees of the City of Rolla bearing proper credentials and identification shall be permitted to enter all private properties through which the City of Rolla holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-118 to 35-122. Reserved.

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ARTICLE IX USER RATES

Sec. 35-123. Basis for wastewater service charges.

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Rolla to collect charges from all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt of such public wastewater treatment works. (Ord. 2886, §3)

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Sec. 35-124. Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

"BOD" (denoting Biochemical Oxygen Demand) - shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, express in milligrams per liter (mg/1).

"Normal Domestic Wastewater" shall mean wastewater that has a BOD concentration of not more than 200 mg/1 and a suspended solids concentration of not more than 250 mg/1.

"Operation and Maintenance" shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewer works to achieve the capacity and performance for which such works were designed and constructed.

"Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

"Residential Contributor" shall mean any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

"Shall" is mandatory; "May" is permissive.

"SS" (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

"Treatment Works" shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individuals systems, pumping, power, and other equipment and their appurtenances; extensions improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal for residues resulting from such treatment (including land for composing sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

"Useful Life" shall mean the estimated period during which a treatment works will be operated.

"User Charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

"Water Meter" shall mean a water volume measuring and recording device, furnished and installed by the City of Rolla. (Ord. 2886, §3; Ord. 3017, §2)

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Sec. 35-125. Basis for wastewater service charges.

The wastewater service charge for the use of and for service supplied by the wastewater facilities of the City of Rolla shall consist of a basic user charge for operation and maintenance plus replacement plus sewer system reserve fund, and a surcharge. (See Appendix "A")

The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes having the following normal concentrations:

(a) A five day, 20 degree centigrade (20oC) biochemical oxygen demand (BOD) of 200 mg/1.

(b) A suspended solids (SS) content of 250 mg/1.

It shall consist of operation and maintenance costs plus replacement costs plus sewer system reserve fund costs and shall be computed as follows:

(a) Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund for the year and a sewer system reserve fund, for all works categories.

(b) Proportion the estimated costs to wastewater facility categories by Volume, Suspended Solids and BOD, if possible.

(c) Estimate wastewater Volume, pounds of SS and pounds of BOD to be treated.

(d) Proportion the estimated costs of non-industrial users by Volume, Suspended Solids and BOD.

(e) Compute costs per 1,000 gallons for normal sewage strength.

(f) Compute surcharge costs per pound and BOD and SS in excess of normal sewage strength.

A surcharge will be levied to all users whose wastewater exceeds the normal concentrations for BOD (200 mg/1) and SS (250 mg/1). The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the 200 mg/1 and 250 mg/1 concentration for BOD and SS respectively. Section 35-129 specifies the procedure to compute a surcharge.

That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 35-126, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:

(a) An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).

(b) An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made annually from the operation, maintenance and replacement revenue in the amount of $202,940 annually. (See Appendix "B")

The adequacy of the wastewater service charge shall be reviewed annually by accountants for the City of Rolla and presented in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in operation and maintenance costs, replacement costs, or the sewer system reserve fund.

The City will review the user charge system every year and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.

The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increment of 100 gallons.

(a) If the person discharging wastes into the public sewer procures any part, or all, of his water from sources other than the City of Rolla Water System, all or a part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the public works director for the purpose of determining the volume of water obtained from these other sources.

(b) Devices for measuring the volume of waste discharged may be required by the public works director if these volumes cannot otherwise be determined from the metered water consumption records.

(c) Metering devices for determining the volume of waste shall be installed, owned and maintained by the person. Following approval and installation such meters may not be removed, unless service is cancelled, without the consent of the city engineer. (Ord. 2136, §2; Ord. 2886, §3; Ord. 3486, §2)

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Sec. 35-126. Basic user rate for metered users.

Each user shall pay for the services provided by the City based on his use of the treatment works as determined by water meters acceptable to the City.

User charges shall be based on water used during the current month. If a user has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meters or separate water meters installed and maintained at the contributor's expense, and in a manner acceptable to the City.

On a monthly basis each contributor shall pay a user charge rate for operation and maintenance including replacement of $2.50 for 0 - 1000 gallons of water (or wastewater) and $2.50 per 1000 gallons of water (or wastewater) for each additional 1000 gallons as determined in a preceding section.

Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be determined by the responsible plant operating personnel and approved by the city council

The user charge rates established in this Article apply to all users, regardless of their location, of the City's treatment works. (Ord. 2391, §1; Ord. 2556, §1; Ord. 2886, §3; Ord. 2950, §2; Ord. 3017, §2; Ord. 3082, §2; Ord. 3215, §2; Ord. 3267, §2; Ord. 3359, §2; Ord. 3418, §2; Ord. 3486, §2; Ord. 3530, §2; Ord. 3703, §2; Ord. 3770, §2)

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Sec. 35-127. Basic user rate for nonmetered residential users.

All residential nonmetered users of wastewater facilities shall pay a flat rate annual charge to cover the basic rate of $2.50 per 1,000 gallons.

The flat rate annual charge for nonmetered users shall be computed on an annual basis by the public works director as shown in Appendix "A". The flat annual charge is $171.15 per year for each nonmetered residential unit.

In the event the sewer use of a facility is estimated by the public works director to be in excess of the amount equal to an amount equivalent to $2.50/1000 gallons, the public works director may require such flat rate user to install a metering device on the water supply to measure the amount of service supplied and to adjust the annual user fee accordingly. (Ord. 2391, §2; Ord. 2459, §2; Ord. 2556, §2; Ord. 2886, §3; Ord. 2950, §2; Ord. 3017, §2; Ord. 3082, §2; Ord. 3215, §2; Ord. 3267, §2; Ord. 3359, §2; Ord. 3418, §2; Ord. 3486, §2; Ord. 3530, §2; Ord. 3703, §2; Ord. 3770, §2)

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Sec. 35-128. Surcharge rate. (See Appendix "A")

The rates for surcharges for BOD and SS shall be as follows:

(Ord. 2136, § 2; Ord. 2886, §3; Ord. 2950, §2; Ord. 3017, §2; Ord. 3082, §2; Ord. 3215, §2; Ord. 3267, §2; Ord. 3359, §2; Ord. 3418, §2; Ord. 3486, §2; Ord. 3530, §2; Ord. 3703, §2; Ord. 3770, §2)

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Sec. 35-129. Computation of surcharge. (See Appendix "A")

The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the public works director and shall be binding as a basis for surcharges. The wastewater surcharge shall be computed by the formula found in Appendix "A". (Ord. 2136, § 2; Ord. 2886, §3.)

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Sec. 35-130. Computation of wastewater service charge. (See Appendix "A")

The total wastewater service charge (user charge) shall be computed by the formula found in Appendix "A". (Ord. 2391, §3; Ord. 2556, §3; Ord. 2886, §3.)

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Sec. 35-131. Connection permit fee schedule.

No permit required by this Chapter shall be issued and no sewer connection made until the owner or owners of the land to be served by such connections, or someone for him or them, shall have paid to the City, the appropriate fee as provided as follows:

(a) Single dwelling or mobile home, one hundred fifty dollars per unit.

(b) Duplex and apartment building, seventy-five dollars per unit.

(c) Rooming houses, dormitories, fraternities, motels, hotels, convalescent homes, hospitals and similar uses:

5 to 11 occupants $150.00

12 to 74 occupants $300.00

75 to 99 occupants $420.00

100 to 149 occupants $600.00

150 to 199 occupants $840.00

200 to 399 occupants $1,200.00

400 and over $2,400.00

(d) Single (commercial, office, retail or wholesale) business, one hundred and fifty dollars.

(e) Multi-(commercial, office, retail or wholesale) business, one hundred fifty dollars plus seventy-five dollars for each additional set facilities over one.

(f) Industrial uses, one hundred fifty dollars for the first five thousand square feet plus an additional fee of seventy-five dollars for each additional five thousand square feet (or portion thereof).

(g) Assembly uses: Theaters, night clubs, restaurants, lecture halls, recreation centers, terminals, schools, churches, eleemosynary, religious and educational institutions and similar uses. Based on capacity: First seventy-five persons, one hundred fifty dollars; for each additional one hundred persons or fraction thereof, one hundred fifty dollars. (Ord. 2197, §1; Ord. 2886, §3; Ord. 3422, §2)

(h) This Section shall be in full force and effect as of April 1, 2001. (Ord. 3422, §3)

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Sec. 35-132. Sewer connection fees.

Sewer connection fees, when applicable, shall be paid to the City in accordance with the schedule of fees that are listed in Section 35-130 of this Ordinance. An additional tapping fee of fifty dollars shall be paid in advance to the City for connections made to the public sewer at locations other than those private sewer lines which have been stubbed out and capped. All sewer taps must be made by or under the direction of the public works director or his representative. (Ord. 2209, §2; Ord. 2886, §3.)

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Sec. 35-133. Sewer connections outside corporate limits of the city.

No person shall be permitted to connect any sewer line to any part of the sewer system of the city which lies outside the corporate limits of the city; provided, the public works director may, with the consent of the city council, issue a permit authorizing the connection of sewer lines outside the corporate limits of the city to the city sanitary sewer system, and under the following conditions:

(a) The owner of the land shall submit a petition for annexation of the land into the city;

(b) The parcel of property shall be developed and used in accordance with the plans for its land use adopted by the City Council and approved by the Mayor. If no plans for its land use have been adopted and approved at the time of the application for service, then the service shall not be permitted until plans have been adopted and approved;

(c) Except as otherwise provided by the Mayor and City Council, the parcel of property shall be developed in accordance with city specifications and standards as though the property were within the city's limits;

(d) The sewer connection fees, as set forth in Section 35-131, shall be paid in advance;

(e) The owner of the premises to be served is subject to a monthly sewer use fee that will be established as follows:

(1) If the applicant has a separate water supply system, which serves more than one user, the applicant shall install a master meter on his main water distribution system to specifications approved by the city. This meter shall be read each month by the city and the applicant shall be charged a monthly fee that is equal to the corresponding fee paid for premises situated within the corporate limits, as established by Section 35-126.

(2) If the applicant has an individual water supply, which serves one residence only, the city reserves the right to establish an annual sewer use fee without setting an individual water meter and the fee shall be equal to the rate of the corresponding annual use fee paid for premises situated within the corporate limits, as established by Section 35-127.

(f) The owner shall be responsible for construction of all sewer mains, together with all individual service lines. The city may at its option arrange for the sewer mains and have the owner or owners pay all associated cost for the installation in advance;

(g) Detailed plans for the applicant's proposed sewer system shall be submitted to the city for approval by the public works director. If the system is already constructed, as-built plans must be furnished for review. The city may at its option arrange for the sewer main plans or as-built plans and have the owner or owners pay all associated cost for the preparation in advance;

(h) The owner shall authorize right of entry by the city representative or agent, at any time, for the purpose of inspecting and testing the owner's sewer system or to perform work to correct or improve such sewer system;

(i) The owner shall correct, repair or alter, within a specified time period, any portion of the sewer line found to be defective by the city's representative or agent upon verbal or written notice by the public works director or his representative;

In the event the owner fails to meet the specified time schedule to correct such sewer system the city may perform such corrective work and the owner shall compensate the city for such work in an amount equal to the actual cost to the city or by a contractor;

(j) Upon completion of construction of the sewer line and the fulfillment of all special conditions set by the city, the owner shall dedicate a perpetual maintenance easement to the city, including the ownership of the system. At that time, the city shall allow the connection and shall operate and maintain the new collection system;

(k) All sanitary sewer lines permitted by this section shall comply with all city ordinances governing the installation of sanitary sewers within the corporate limits of the city;

(l) The city reserves the right to cut off or disconnect any connection made under the provisions of this section in the event the charges or fees required by the chapter become delinquent or in the event of a violation of the provisions of the chapter. (Ord. 2197, §1; Ord. 2886, §3; Ord. 3436, §1)

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Secs. 35-134 to 35-139. Reserved.

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ARTICLE X CHARGES FOR WASTEWATER SERVICES (USER CHARGES)

Sec. 35-140. Notice to cease all violations within specified time period; revocation of sewage disposal permit.

Any person found to be violating any provisions of this Ordinance except Article VII shall be served by the City of Rolla with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-141. Violation continued beyond time limit provided for in Section 35-140.

Any person who shall continue any violation beyond the time limit provided for in Article X, Section 35-140, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one-hundred (100) dollars for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-142. Violators liable to city for expense, loss, etc.

Any person violating any of the provisions of this Ordinance shall become liable to the City of Rolla for any expense, loss or damage occasioned the City of Rolla by reason of such violation. (Ord. 2136, §2; Ord. 2886, §3.)

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Secs. 35-143 to 35-147. Reserved.

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ARTICLE XI BOARD OF PUBLIC WORKS

Sec. 35-148. Established.

There is hereby established, within the city, an executive department to be known as the Board of Public Works. (Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-149. Composition; appointment of members; compensation.

(a) The Board of Public Works shall consist of four persons, who shall be appointed by the mayor and confirmed by the city council as other appointive officers of the city are appointed and confirmed.

(b) Each member of the Board so appointed under this Article shall receive a salary for his services commensurate with the compensation provided members of the City Council as established by ordinance (Ord. 630, §1; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-150. Term of office.

(a) The members of the Board of Public Works shall hold office for a term of four years or until their successors are appointed and qualified; provided, however, that the first incumbents appointed as members of the Board of Public Works shall be appointed and hold office for the term of one, two, three and four years respectively, as may be designated by the mayor in making the appointment.

(b) Vacancies in the Board of Public Works, occasioned by removals, resignations or otherwise, shall be reported to the mayor and be filled in like manner as original appointments, except that if the vacancy is an unexpired term, the appointment shall be made for only the unexpired portion of that term. (Ord. 2124, § 1; Ord. 2221, §1; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-151. Qualifications of members.

The members of the Board of Public Works shall be electors of the city who have resided therein for a period of two years before their appointment. Not more than two members of the board shall belong to the same political party and its administration shall in all respects be entirely non-partisan. No member shall hold any other city office, either by appointment or election, during his official term as a member of the board and any member of the Board of Public Works who shall accept a nomination or appointment for any other city office during his official term, shall be deemed thereby to have resigned as a member of the board and his membership shall thereby be, ipso facto, vacated. (Ord. 630, §3; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-152. Assessment and collection of rates for city-owned utilities.

The assessment and collection of rates for water, electric, electric power, electric light or for the production of service of any other plant or works which the City may own or operate, shall be under the control and supervision of the Board of Public Works subject to this Code and other ordinances of the City. No less than thirty (30) days prior to the implementation of a change in rates for any service not otherwise submitted in the annual budget per Sec. 35-165, the Board of Public Works shall present the rate adjustment to the City Council for comment. No action is required by the City Council for implementation. (Ord. 630, §11; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-153. Duties generally.

The Board of Public Works shall have full power and it shall be its duty, to take charge of and exercise full control over the waterworks, electric light and power system owned by the city or any other public utility which it may hereafter acquire or develop and all appurtenances thereto belonging and shall enforce the performance of all contracts and work and have charge and custody of all books, property and assets belonging or appertaining to such public utility, as provided by chapter 91 of the Revised Statutes of Missouri. It is the intention of this provision to confer full power and authority on the Board of Public Works to operate the utilities, except as may be otherwise provided by law, regulation, or ordinance. (Ord. 1037, §2; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-154. Powers generally.

In the process of operating public utilities, the Board of Public Works is vested with full power and authority and authorized to make such repairs, replacements, additions or extensions of service as it may deem proper for the public good and is vested with full power and authority to employ such labor or provide such material as may be necessary in its behalf and prescribe and fix the compensation for services within the foregoing limitations. (Ord. 1037, §3; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-155. Bond required.

The Board of Public Works shall jointly give an indemnity bond to the city for the faithful performance of their duties and the faithful accounting for all funds coming into their hands in such sum as required by the city the expense of which shall be paid out of special utility account without expense to individual members of the board; however, should the board members be covered by a blanket bond to the same extent, this bonding requirement shall not apply. (Ord. 1037, §10; Ord. 2635, §2; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-156. Monthly statement of expenses; approval and payment thereof.

It shall be the duty of the Board of Public Works to make up an account monthly of all obligations and expenses incurred by the board, in operating the utilities, including salaries of all employees, setting forth in items, the amounts due, to whom and for what service or account. Such statement of accounts shall be examined, checked and certified by the board for payment, as true and correct. The mayor and the common council shall allow and order paid, such accounts, in the same manner that bills and salaries of other officers and employees of such city are allowed and paid; provided, however, that such payment shall be made out of the special utility account; provided further, that checks thereon shall be drawn only by the secretary of the board and countersigned as provided. (Ord. 1037, §5; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-157. Employees of public utilities - Limitation on number; compensation.

(a) The Board of Public Works shall select, employ and fix the salary of a general manager, operations manager and superintendent, the board shall employ all necessary employees, including engineers, inspectors, clerks, and other, to carry on and operate all public utilities under its control, not exceeding one hundred in number, except in case of emergency or disaster. The board shall fix the hours and duties of engineers, inspectors, clerks and other employees and shall fix their compensation not to exceed the prevailing wage paid for the employees' respective classification in the general area of the city or by other cities of comparable size of the city.

(b) It is not intended or expected that the Board of Public Works shall pay the maximum salaries fixed or employ the maximum number of employees above mentioned, but it is intended that the board shall employ only the necessary number required and pay them just compensation for their services, it being further intended that the board shall exercise its discretion in the number of employees and the salary paid within the limits prescribed. (Ord. 1037, §1; Ord. 1481, §1; Ord. 2076, §1; Ord. 2731, §1; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-158. Same - Indemnity bond.

It shall be the duty of the board to require such employees as may be designated by the city to give an indemnity bond in such amount as required by the council. The cost of such bond shall be paid by the public utilities; however, should such employees be covered by a blanket bond to the same extent, this requirement shall not apply. (Ord. 1037, §9; Ord.2635, §3; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-159. Funds - Collection and deposit to public utility account.

In the process of operating the utilities, as provided in this Article, it shall be the duty of the Board of Public Works, through its servants and employees, to collect all sums due for services rendered and on all accounts in connection with the operation of the utilities and all sums so collected, shall be deposited by the board to the credit of a special account, to be known as the public utility account, in the bank acting as the city's depository. (Ord. 1037, §4; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-160. Same - Disbursements.

All bills and expenses in connection with the operation of the utilities shall be paid out of the public utility account, which shall be under the general control of the Board of Public Works. No sums shall be paid therefrom, except upon checks drawn by any member of the Board of Public Works, and countersigned by either the mayor or the Board of Public Works’ appointed general manager. (Ord. 1037, §4; Ord. 2449, §1; Ord. 2731, §2; Ord. 2886, §3; Ord. 2897, §2; Ord. 3699, §1)

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Sec. 35-161. Transfers to general revenue fund.

There shall be transferred quarterly from the public utility account, to the general revenue fund of the City, an amount equal to 5% (five percent) of the gross receipts of basic water and electric service, which shall become a part of the general funds of the City to be used for any and all general purposes. The purpose of this quarterly transfer is to take the place of the franchise tax and general property tax heretofore .paid by the Missouri General Utilities to the City. “Basic water and electric service” shall include those operating revenues generated from the residential, commercial, and industrial sale of water and electric service. In turn, RMU shall bill the City for utility billing services, water hydrant consumption, and street lighting services on a quarterly basis. Said services shall be agreed upon by the City and Board of Public Works and accounted for accordingly. (Ord. 1037, §6; Ord. 2886, §3; Ord. 3699, §1; Ord. 3701, §1)

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Sec. 35-162. Same - Accrued funds - Use to purchase improvements and retire indebtedness.

Whatever remains in the public utility account and whatever may accrue, shall be at the disposition of the Board of Public Works for the operation of the public utilities, making improvements and betterments and extensions and to do all things that in their judgment is for the best interest of the city and the public generally and for the further purpose of paying all interest and demands on account of the indebtedness incurred for the purchase of the utilities by the city and to pay on the principal thereof, as may be. It is the intent of this provision to accumulate a fund for the discharge of the general purchase price of the utilities as speedily as may be, consistent with good operation of the system and good service to the public and that this fund shall be at the disposition of the Board of Public Works for the above purposes. (Ord. 1037, §7; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-163. Same - Restrictions on use.

(a) Where no restriction is specially provided by this Code or other ordinance the board shall have full power to contract for and provide all necessary labor and material and supplies as it may deem necessary and submit its account for allowance and payment by the mayor and city council, out of the special public utility account as provided in this Article.

(b) All contracts provided for in Section 91.530 Revised Statutes of Missouri, 1949, shall be submitted to the city council for approval as therein provided. (Ord. 1037, §8; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-164. Contracts required for all city supplies and services; exception; approval of contracts by city council.

The doing of all work and furnishing of all supplies for the waterworks, electric power and light plant or any other plant or work which may be under its supervision or control, shall be let out by the Board of Public Works in the same manner as other public works are let out, except in cases where it is not practicable to do such work or furnish such material by contract, and all contracts shall be submitted to the common council for approval. The board shall have charge of the purchase of all supplies needed by the city in its several departments, under such restrictions and regulations as may be provided by ordinance. (Ord. 630, §10; Ord. 2886, §3; Ord. 3699, §1)

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Sec. 35-165. Budget review - Audit reporting.

The Board of Public Works shall be solely responsible for the preparation and adoption of the Rolla Municipal Utilities Annual Operating Budget. Said budget shall comply with all applicable state laws pertaining to adoption. No less than thirty (30) days prior to the effective date of said budget the Board of Public Works will present a copy of said fiscal plan in its entirety to the City Council for comment. All financial records shall be audited in compliance with all GASB rules and in conjunction with the City’s annual audit. (Ord. 3699, §1)

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Sec. 35-166. Uncollectible utility bills.

Customers moving out of the service area with an uncollectible bill shall be responsible for all collection fees and/or attorney fees plus court costs and interest. (Ord. 3779, §1)

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Secs. 35-167 to 35-169. Reserved.

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ARTICLE XII WATER SERVICE

Sec. 35-170. Authority of mayor to restrict, etc., use of water.

Whenever in the judgment of the mayor the public exigency shall require it, he shall have the right and authority, by proclamation to be published in one or more newspapers printed within the city, to limit in respect to time, or wholly suspend and prohibit for such length of time as such exigency shall in his judgment require, the drawing or use of water for public or private fountains and for street or yard sprinkling, or for either such purposes. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-171. Right of city to shut off water.

Whenever any of the rules and regulations set out in this Article or such other rules and regulations as the city may adopt are violated, the water shall be shut off from the building or place of such violation, although two or more persons may receive the water through the same pipe the water shall not be again turned on except by the order of the superintendent of the water system. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-172. Permit - Required.

No person shall be permitted to tap or make any connection with the distributing pipe of the water works of the city except upon written permit from the city. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-173. Same - Contents of application; issuance.

All applications for permits to tap the water mains, to open the streets for the purpose of laying water pipes, or to extend the same upon any streets, lane, alley, sidewalk, or open public grounds, or open private premises, or to make connections with the water system for any purpose shall be made in writing at the office of the superintendent of the water system, on the form prescribed and furnished by the city for that purpose, and by the person engaged to do such plumbing. Such person shall be an authorized plumber and the application shall state the name of the person desiring to have the plumbing done, the location of the premises, what the premises are used for, the purpose for which it is desired to use the water, and such accessible information as may be required to enable the city to keep a proper record of each case. When more than one building or tenant is supplied through one service pipe, the application for the supply of such building or tenants with water shall be made by one person, who shall be held responsible for all supplies through such pipes. Upon compliance with these conditions, the superintendent of the water system shall issue a written permit granting the applicant the privilege of a service attachment and the use of water. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-174. Agreement between city and user of water based on regulations, rates, etc.

The rules, regulations and water rates named and fixed shall be considered and are a part of the contract with every person supplied with water through the water system of the city. Every person by taking water shall be considered and accepted as expressing his consent to be bound thereby. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-175. Responsibility of owner for attachments, etc., between dwelling and street main.

(a) All attachments and appurtenances used in supplying water from the street mains to the front of the dwelling or structure must be supplied by the owner or occupant of the premises except that the water meter box and it's appurtenances shall be placed in a location acceptable to the City.

(b) The City, through its distribution agent, Rolla Municipal Utilities, shall be responsible for maintaining all water lines located on City property, or in the right-of-way, including the water main, main taps, pipe, laterals, fittings and valves between the main and the edge of the right-of-way. The owner or occupant of the premises shall be responsible for perpetual maintenance of customer service lines outside the right-of-way. (Ord. 2136, §2; Ord. 2886, §3; Ord. 3644, §1)

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Sec. 35-176. Right to turn on water into service pipe restricted to city; exception.

No person other than the superintendent or his authorized agent shall turn the water into any service pipe in the first instance, or after water has been turned off by the superintendent on account of the violations of this chapter. Water shall not be turned on until the applicant shall have paid the water rental due for the current quarter. Plumbers are strictly prohibited from turning water into any service pipe except upon authority of the superintendent or for the temporary purpose of testing their work. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-177. Inspection.

All private work done in which the city water shall be used will be inspected as to strength and quality by the superintendent immediately before the water is turned on. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-178. Liability of city for damages resulting from failure of water services, etc.

It is expressly stipulated by the city that no claim shall be made against it by reason of the breaking or freezing of any service pipe or fixtures, or if from any other cause the supply of water should fail; nor from damage arising from the shutting off of water to repair mains, making connections or extensions; nor any other purpose that may be deemed necessary. The right is reserved to cut off the supply of water at any time for the purpose of repairing or otherwise, any permit or regulation to the contrary notwithstanding. Except in case of emergency, notice shall be given. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-179. Water rates generally.

The tariff of rates for the use of water through the water system of the city shall be established by the city and may be changed from time to time as required by conditions. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-180. Introduction and regulation of fluoride in the public water supply system.

The city, acting by and through its legally constituted board of public works, is hereby authorized and directed to provide the means and to proceed with the introduction of fluoride into the public water supply of the city in such quantities as are required to provide throughout the pipe distribution system a fluoride concentration of approximately one part fluoride per million parts of water.

The city acting by and through its legally constituted board of public works, shall keep an accurate record of the amount of fluoride bearing chemical applied to the quantities of water treated, and cause such analytical tests to be made for fluoride (in terms of the element F) in the untreated and treated water as it shall be directed to do by the Missouri Division of Health. (Ord. 2136, §2; Ord. 2886, §3.)

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Sec. 35-181. Reserved.

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ARTICLE XIII USE OF PUBLIC WATER SUPPLY REQUIRED; EXCEPTIONS

Sec. 35-182. Drilling, operating, or maintaining private wells or water supplies.

It shall be unlawful for any person to drill, operate, or otherwise maintain a private well or water supply on public or private property within the City of Rolla or in any area under the jurisdiction of the City of Rolla, except as otherwise provided in this Article. (Ord. 3052, §1; Ord. 3511, §2)

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Sec. 35-183. Plugging of existing wells and connection to public water supply.

Except as otherwise provided in this Article, the owners of any property located wholly or partially within the City of Rolla are required at each owner's expense to plug any existing private wells in accordance with 10 CSR 23-3.110 of the Missouri Code of State Regulations and to cease utilizing any private water supplies to the extent that such wells and/or water supplies are located within the City of Rolla or in any area under the jurisdiction of the City of Rolla or supply water to property located within the City of Rolla. Such owners are further required to connect the houses, buildings, or other facilities on the property (to the extent the structure requires a potable water supply) to the public water system. Connection shall be made within 120 days of the effective date of annexation of the affected property into the city. This requirement shall not apply to any property located within the City of Rolla prior to May 1, 1995 (Grandfathered Property) or to any property annexed into the City of Rolla after May 1, 1995 with lots which are a minimum of three acres and zoned Rural Residential (RR). Any property owner electing to connect to the public water supply, shall comply with all requirements of this Article and become a "full requirements water customer", of the public water supply system. (Ord.3052, §1; Ord. 3511, §2).

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Sec. 35-184. Operation and use of private well or water supply when access to public water supply not available.

Where access is not available to the public water supply for a parcel or any portion thereof, such parcel or any portion thereof may be connected to a private well and private water supply until such time as access to the public water supply is available. Availability for these purposes shall be defined as a functioning main of the public water supply system being located within 100 feet of the nearest boundary of the parcel. During all times that access is not available, the owner of such parcel shall operate and maintain the private well and/or private water supply in a sanitary manner at the owner's expense, and shall comply with the provisions of Section 35-187. When access is available, the requirements set forth in Section 35-183 shall become applicable. (Ord. 3052, §1; Ord. 3511, §2)

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Sec. 35-185. Construction permit required prior to commencement of drilling, installation, or construction; application; fee; inspection provisions.

Before commencement of drilling, installation, or construction of a private well or private water supply under the authority of Section 35-184, the owner of such parcel or any portion thereof shall first obtain a written Construction Permit signed by the General Manager of the Rolla Municipal Utilities. The application for such permit shall be made on a form furnished by the City of Rolla or the Rolla Municipal Utilities, and the applicant shall supplement such application with any plans, specifications, and other information as is deemed necessary by the General Manager of the Rolla Municipal Utilities. A permit and inspection fee of five dollars ($5.00) shall be required to be paid to the Rolla Municipal Utilities at the time the application is filed.

Prior to completion of the private well or water supply, the Rolla Municipal Utilities shall be allowed to inspect the work at any stage of the drilling, installation, or construction and, in any event, the holder of the Construction Permit shall notify the Rolla Municipal Utilities both before any underground portions are covered and when the work is ready for final inspection. The inspection shall be made within sixty (60) hours (exclusive of weekends and holidays) of the receipt of notice to the Rolla Municipal Utilities.

Construction permits shall be valid for a period not exceeding one (1) year from date of issuance. (Ord. 3052, §1; Ord. 3511, §2)

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Sec. 35-186. Permit for operation of private well or water supply.

After the drilling, installation, or construction pursuant to the Construction Permit is completed to the satisfaction of the Rolla Municipal Utilities, the Rolla Municipal Utilities shall issue an Operation Permit, which shall be valid for a period of five (5) years, unless terminated upon 90 days written notice due to violation of the provisions of this Article. The Operation Permit may be renewed for an additional period of five (5) years if the facility passes inspection by the Rolla Municipal Utilities.

Rolla Municipal Utilities, at its discretion, shall perform yearly inspections of the installation to verify compliance with applicable ordinances.

When access to the public water supply becomes available, the requirements set forth in Section 35-183 shall become applicable upon the expiration of the Operation Permit. (Ord. 3052, §1; Ord. 3511, §2)

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Sec. 35-187. Compliance with applicable governmental regulations.

The type, capacities, location, and layout of any private well or water supply authorized by Section 35-184 shall comply with all applicable regulations, if any, of the State of Missouri or any federal agency. Failure to comply with such recommendations and regulations shall be grounds for the denial of a permit. The issuance of the permits by the Rolla Municipal Utilities shall not in any way relieve the permittee of the duties, obligations, or restrictions imposed by the State of Missouri or any federal agency. (Ord. 3052, §1; Ord. 3511, §2)

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Sec. 35-188. Definition of public water supply.

For purposes of this Article, public water supply shall mean any of the following:

(a) The water supply system operation and maintained by the City of Rolla through its municipal utilities; or

(b) The water supply system operated and maintained by a public water supply district; or

(c) A water supply system operated by a water corporation regulated by the Missouri Public Service Commission; or

(d) A water supply system operated by a not-for-profit corporation which is licensed by the State of Missouri to provide a public water supply. (Ord. 3052, §1; Ord. 3511, §2)

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Sec. 35-189. Private wells for heat pumps.

(a) Private wells may be utilized for closed loop heat pump systems, as defined and discussed in 10 CSR 23-5 in the Missouri Code of State Regulations. A construction permit and an operation permit as provided in Sections 35-185 and 35-186 of this Code are required. Such wells shall c