HomeMy WebLinkAboutOrd1981-504
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12/9/81
Introduced By:
Introduction Date:
Public Hearing and
Enactment:
City Manager
11/23/81
01/11/82
CITY OF SEWARD, ALASKA
ORDINANCE NO. 504
CREATING CHAPTER 22 OF THE SEWARD CITY CODE,
REPEALING CHAPTERS 9, 12, 22 and 24 OF THE SEWARD
CITY CODE.
THE CITY OF SEWARD ORDAINS:
Section 1. That Chapters 9, 12, 22 and 24 of the
Seward City Code are hereby repealed.
Section 2. That the Code of the City of Seward,
Alaska, is hereby amended by the adding of Chapter 22, Articles I
through VI, which Chapter reads as follows:
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~ 22.10.010
~ 22.10.015
~ 22.10.020
~ 22.10.030
~ 22.10.040
~ 22.10.050
~ 22.10.060
~ 22.10.070
~ 22.10.080
~ 22.10.090
~ 22.10.100
~ 22.10.110
~ 22.10.120
~ 22.10.130
~ 22.20.010
~ 22.20.020
~ 22.20.030
~ 22.20.040
~ 22.20.050
~ 22.20.060
~ 22.20.070
~ 22.20.080
~ 22.20.090
~ 22.30.005
~ 22.30.010
~ 22.30.020
~ 22.30.030
~ 22.30.040
~ 22.30.050
~ 22.30.060
~ 22.30.070
~ 22.30.080
~ 22.30.090
~ 22.30.100
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CHAPTER 22
UTILITIES
Article I. General provisions
Scope of General Provisions.
waiver or Modification of Regulations.
Application for Utility Service.
Deposits.
Access to Premises.
Rates and Charges.
Billing.
Payment Responsibilities.
Late Payments/Penalties.
Termination of Service.
Discontinuance of Service and Remedies
by City.
Restoration of Service.
Customer Complaints and Dispute Resolution.
Liabili ty.
Article II. Garbage and Refuse
Refuse Service Provided and Required.
Deposit of Refuse.
Transportation.
containers--Required.
Frequency of Collection.
container specifications Generally.
Container Racks.
Brush, Tree Trimmings, etc.
Large Boxes, Crates, etc.
Article III. Water
Nature of services Offered.
Ownership.
Key Box.
Installation of Water Connections.
Water Main Extensions.
Fire Hydrants.
Trailer Courts.
Multiple Use Buildings (Apartments, Offices).
Responsibility for Frozen Water Pipes and
other Damage.
Interruption of Service.
Responsibility for Charges; Reselling of Water
Prohibited.
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S 22.30.110
S 22.30.120
S 22.30.130
S 22.30.140
S 22.40.010
S 22.40.020
9 22.40.030
9 22.40.040
S 22.40.050
9 22.40.060
9 22.40.070
9 22.40.080
S 22.40.090
9 22.40.100
9 22.40.110
9 22.40.120
9 22.40.130
S 22.40.140
9 22.40.150
S 22.40.160
S 22.40.170
S 22.40.180
S 22.40.190
S 22.40.200
S 22.40.210
9 22.40.220
S 22.40.230
S 22.40.240
S 22.40.250
S 22.40.260
S 22.40.270
S 22.40.280
S 22.40.290
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Persons Authorized to Turn Off Water service.
Meters Required.
Minimum Standards for Water Lines.
Water System as Electrical Ground.
Article IV. Electricity
GENERAL PROVISIONS
Electrical Service Provided.
Types of Service.
Resale of Electricity.
ENGINEERING PROVISIONS
Service Classification.
Metering Electrical Use.
Power Factor Adjustment.
Phase Balance.
Highly Fluctuating Loads.
Addition of Load.
Unauthorized Attachments.
Wiring Instructions.
Load Protection.
Meter Testing.
Authorized Breaking of a Meter Seal.
SERVICE CONNECTION PROVISIONS
General Requirements.
Point of Delivery.
Metered Use for Each Class of Service.
Meter Location.
Primary Facilities.
Three-Phase Service.
Service for Multi-Occupant Buildings.
Service for Mobile Home Courts.
Service for Small Boat Harbor.
INTERCONNECTION TO CUSTOMER-OWNED ALTERNATE
TECHNOLOGY AND FOSSIL FUEL STANDBY GENERATION
EQUIPMENT
Alternate Technology.
Fossil Fuel standby Generation.
Customer Liability.
SERVICE EXTENSIONS
Cost Considerations.
Standard Service Extensions.
Temporary Service Construction.
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9 22.40.300
9 22.40.310
9 22.40.320
9 22.40.330
9 22.40.340
922.40.350
9 22.40.360
~ 22.40.370
9 22.40.380
~ 22.40.390
~ 22.40.400
9 22.40.410
9 22.40.420
9 22.50.010
9 22.50.020
~ 22.50.030
9 22.50.040
~ 22.50.050
~ 22.50.060
~ 22.50.070
~ 22.50.080
~ 22.50.090
~ 22.50.100
~ 22.50.110
~ 22.50.120
~ 22.50.130
9 22.50.140
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Mobile Home Courts.
Service Upgrades.
Construction of Subdivision Service Extensions
and/or Idle Facilities.
Adding Services to Existing Service Extensions.
Relocation of Facilities.
Conversion of Temporary Service Extensions to
Permanent Service Extensions.
Security Light Construction.
Estimating Service Extension Costs.
General Service Extension Provisions.
LIABILITY
Interruption of Service.
Customer's Equipment.
consequential Damages.
Power Outage.
Article V. Sewer
Use of Public Sewers Required; Time of Connection.
Unlawful Discharge.
Property Owner Responsibility.
Construction of On-site system.
Permit Required.
Separate Connections and Sewers Required.
Minimum Standards.
Check Valve Required.
Property Owner Costs.
Unlawful Connections.
Unlawful Discharges.
Unlawful Damage.
Frozen Lines.
Consequential Damages.
Article VI. Definitions
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Article I - General provisions
22.10.010. General Provisions.
The general provisions apply to all utility services pro-
vided by the City. In the event of a conflict between these
general provisions and a specific provision addressed to a parti-
cular type of service, the latter shall prevail.
22.10.015 Waiver of Modification of Regulations.
The provisions contained herein may not be waived by an
officer, agent or employee of the city of Seward. Any modifica-
tion or amendment shall be submitted to and approved by the
Council of the City of Seward.
22.10.020. Application for utility Service.
Persons desiring utility service shall apply on forms pro-
vided. No utility service shall be provided before the applicant
has entered into a contract (approved application) with the City.
If an application is accepted verbally, the taking of util-
ity service shall constitute a contract between the applicant and
the city, obligating the applicant to pay for the utility service
and to comply with all applicable provisions of the Code, and the
customer shall sign a written application upon request.
The minimum term for which service will be rendered is
thirty (30) days. A customer taking service for less than this
minimum term will be billed the minimum monthly charge or for the
actual usage as specified under the applicable rate schedule.
22.10.030. Deposits.
The person applying for utility services shall deposit an
amount equal to two months fixed charges or such other amount as
may be established by resolution. No further deposit shall be
required from existing customers unless a customer I s account
becomes delinquent or another account is established.
The deposit plus interest as required by AS 29.48.060 shall
be refunded after one year if the City has not terminated that
customer's service for reasons of delinquency in payment and if
the customer has not been delinquent in payment more than once in
any twelve consecutive months.
The deposit does not relieve a customer from the obligation
of paying bills promptly when due.
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The deposit, less any monies due the city, will be refunded
within thirty (30) days after the customer signs a disconnect
order to discontinue utility service.
22.10.040 Access to Premises.
Applicants and customers shall, after notice and at reason-
able hours, grant admittance to premises to any city representa-
tive for the purpose of inspecting, repairing, maintaining,
replacing, or operating any facilities connected with or owned or
operated by the city.
22.10.050. Rates and Charqes.
utili ty service rates and charges shall be established by
resolution.
22.10.060. Billing.
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customers shall
within twenty (20)
monthly statement if
ing date.
Failure of the City to bill for utility services shall not
relieve the customer of payment responsibility.
be billed monthly. Payment shall be due
days of the billing date printed on the
the bills are mailed on or before the bill-
.
If the City is unable to read a meter at the usual or sche-
duled time due to locked premises, weather conditions, road
conditions, presence of dangerous animals or other circumstances,
the City will bill the customer based upon the estimated consump-
tion and adjust the account in accordance with the next subse-
quent meter reading.
A bill is delinquent when the customer fails to make payment
within twenty (20) days of the billing date; delinquency subjects
the customer to termination and disconnection of any or all
utility services until all billings have been brought current.
The City may, at its discretion, make other contractual arrange-
ments for payment of past due accounts.
The City may charge a return check fee. Any returned check
shall not be considered payment.
Whenever a customer has a dispute with the City over charges
billed, the customer should request the City utility Manager to
investigate the grounds for dispute. The city Utility Manager
will investigate the dispute and notify the customer as to the
results of the investigation.
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If this reply is not satisfactory to the customer and the
differences between the customer and the city cannot be recon-
ciled by the city's staff or management, the customer may request
an opportunity to present his case to the city council for final
resolution.
During this review process, the customer must pay the undis-
puted portion of the bill in a timely manner. I f an error is
found to exist, the customer's current account will be adjusted
accordingly.
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22.10.070. Payment Responsibilities.
(a) Payment for Usage. All persons receiving utility
services from the City shall be obligated to pay for
such services. The City presumes that a person
intended to deprive the city of compensation for ser-
vice from the City if
(1) the person possesses or has access to a City
service metering device which is being used to
meter service and has been interfered with,
avoided, or altered to inhibitor prevent the
accurate measurement of service without the per-
mission of the City or the person has access to a
city line which has been tapped without the per-
mission of the city, or
(2) the person enjoys the use or receives the economic
benefit of any unmetered utility service.
The City expects compensation due for any serVlce
received by unauthorized usage.
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(b) Change of Occupancy. A customer who is listed on city
records as the person or entity responsible for utility
consumption at a specific location shall give written
five (5) day notice of a contemplated change in occu-
pancy, specifying the date on which service is to be
discontinued. If the customer fails to provide the
required written notice he will be charged for utility
service furnished to the premises until the city is
provided with notice of change of occupancy.
(c) Vacancy Between Renters. The owner of rental property
may execute an agreement with the City providing for
the automatic continuance of service in the owner's
name during periods of vacancy between renters. During
periods of vacancy, the owner will be billed as speci-
fied in the applicable rate schedule for regular custo-
mers of the same class until a new customer has applied
for service and established credit as provided in ~
22.10.020 and ~ 22.10.030.
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Noncompliance with any requirement imposed by the
Code or by resolution.
Failure to repair any defect or break in utility
service, to the extent it is the customer's obli-
gation to do so.
(9) Such other reason or condition as the City may
deem appropriate.
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(8)
(b) Lien on ~roperty. Charges levied in accordance with
this ordlnance shall be a debt due to the City and a
lien upon the property which has been benefited by the
services. Change of ownership or occupancy of premises
delinquent shall not be the cause for reducing or
eliminating any applicable penalties.
(c) Expenses. The expense of discontinuance, reduction,
removal or closing, as well as the expense of restoring
service, shall be a debt due to the City (and a lien
upon the property) and may be recovered by civil action
in the name of the City against customer, the person,
or both.
(d) Criminal penalties. Any person who shall continue any
violation other than an obligation to pay money beyond
wri tten notice and reasonable time to cure shall be
guilty of a misdemeanor in addition to being liable in
damages and, upon conviction thereof, shall be fined in
an amount not exceeding $25 for each violation. Each
day in which any such violation shall continue shall be
deemed a separate offense.
22.10.110. Restoration of Service.
Service which has been terminated may be restored after the
customer has paid a restoration charge or charges in the
amount(s) established by resolution, and after the customer has
complied with the following:
(a) Payment of all unpaid bills, penalties and late charges
for all utility services.
(b) Placement with the City of a deposit, in an amount to
be established by resolution, to ensure future payment
of bills.
(c) Correction of any condition found in violation of any
applicable provision of the Code or any resolution.
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22.10.120. Service Complaints.
All customer service complaints are to be delivered to the
City utility Manager either in person, by mail, or by telephone.
If within fourteen (14) days after having made a complaint a
customer is not satisfied with the resolution of the complaint,
the customer may file a written complaint with the City Manager's
office for final resolution.
All customers are encouraged to contact the City whenever
utili ty serVlce is interrupted or service is unsatisfactory.
Customers should notify the City whenever defects, trouble,
accidents or potentially hazardous conditions are observed. This
prompt notification of trouble will allow the City to continue to
provide reliable service for all customers.
22.10.130. Liability.
Any person violating any of the provisions of this ordinance
shall become liable to the City for any expense, loss or damage
caused by such violation.
Any unauthorized tampering with City
equipment, or facilities will be punishable
and other applicable statutory provisions.
The customer is responsible for the safekeeping of the
City's property located on the customer's premises and shall take
all reasonable precautions against unlawful interference with the
facilities. The customer may not connect to, interfere with or
al ter the conductor, meters, seals or other utility facilities
used in connection with rendering utility service or permit
connection to, interference with, or alteration by any person
other than an authorized agent or employee of the City. The
customer shall pay for any damage to City property caused or
permi tted directly or indirectly by the customer. I f the City
determines it to be necessary to protect its property or other
individuals, the customer shall install, at his expense, suitable
protecti ve or security devices designated by the City on the
customer's premises.
utility property,
under AS 42.20.030
Appliances, devices or facilities provided at the expense of
the City are the property of the City and may be removed by it at
any time on the termination of an agreement for its maintenance
or the discontinuance of service. The City may elect to seal the
electrical switch or other utility device, equipment or facili-
ties located on the customer's premises.
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Article II - Garbage and Refuse
22.20.010. Refuse Service Provided and Required.
Every person occupying a building or building site wi thin
the City shall use the system of refuse disposal provided in this
chapter, unless the person utilizes a carrier holding a valid
permit from the Alaska Public utilities commission. The City may
exempt a person from this requirement.
The City shall either provide or contract for collection and
disposal of refuse. The public works department of the city or
the contractor shall prescribe routes and days for collection.
When such routes or days are established or changed, reasonable
notice thereof shall be given to affected customers. No other
carrier other than one authorized by the Alaska Public utilities
Commission may collect, dispose, or remove refuse from any pre-
mises in the City. Nothing in this section shall be deemed to
prohibi t an occupant from removing or causing the removal of
refuse accumulated on the premises occupied by him and disposing
of the same in a lawful manner.
22.20.020.
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Depos1t of Refuse
No person shall place or deposit any refuse in or upon any
public alley, street or highway, sidewalk, park or other public
place in the City except as herein expressly authorized. No
person shall place any refuse on land of another.
22.20.030. Transportation.
No person shall transport refuse within the City unless it
1S transported in a covered or enclosed vehicle or one which is
loaded in such manner as to prevent any of the contents from
escaping.
22.20.040. containers--Placement.
Every person occupying a building in the City shall provide
containers suitable for collection of refuse. All refuse such as
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As to garbage disposal in boat harbor, see ~~ 5-15 and 5-17.
As to prohibition against accumulation of garbage, see ~ 15-21.
As to garbage and refuse disposal in trailer courts, see ~ 21.14.
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As to streets and sidewalks generally, see Ch. 19 of this
Code.
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vacuum cleaner dust, nonexplosive liquids, sweepings and other
refuse that poses a hazard to collection or risk of spillage in
normal collection shall be individually packaged prior to place-
ment in a container.
Customer containers shall be placed abutting a dedicated
public right-of-way. Only City containers may be placed upon the
public right-of-way.
22.20.050. Frequency of Collection.
All garbage and rubbish receptacles shall be emptied and
cleaned at least weekly. All waste material must be removed at
least once each month. Building or construction waste and debris
shall be removed weekly and upon completion of construction.
22.20.060. container Specifications Generally.
All containers shall conform to the following minimum speci-
fications:
(a) Shall not exceed forty gallons capacity.
(b) Shall not exceed sixty-five pounds when filled.
(c) Shall not exceed thirty pounds empty weight.
(d) Shall be watertight and of adequate durability for
continued use. No corrugated cardboard box shall be
used except as herein provided. No fifty or fifty-five
gallon steel petroleum drums or the like shall be
permitted, whether cut down or otherwise altered.
Certain bulk rubbish and waste material containers may be
approved by the public works department of the City. Such con-
tainers shall be kept in a clean and sanitary condition and shall
be provided with tight lids.
22.20.070. Container Racks.
Containers or container racks shall be designed as to pre-
vent the upsetting or spillage by wind, weather, animals, or
accident.
22.20.080. Brush, Tree Trimmings, etc.
Brush, trees, lawn cuttings or similar materials shall be
securely bound in bundles not to exceed two feet in diameter.
They may be placed in disposable cardboard containers. Branches
or logs shall not be more than three inches in diameter or more
than four feet in length. Containers shall not exceed sixty-five
pounds in weight.
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22.20.090. Large Boxes, Crates, etc.
Large appliance cartons, shipping crates or small non-bulky
i terns or furniture and similar materials shall be disassembled
prior to collection.
Article III. - Water
22.30.005 Nature of Services Offered.
The City shall provide water service within the City limits.
22.30.010. Ownership.
The City owns and maintains the water service connection
from the main, including the service line, thaw wire and the key
box. The City has the exclusive right to control the flow of
water by operation of the key box.
The line between the key box and the premises shall be
installed and kept in repair by the customer who shall be respon-
sible for all breaks i~ said line and for any damages resulting
incidentally therefrom.
22.30.020. Key Box.
The customer is responsible to know the location of his key
box and thaw wire, and will be liable for any costs incurred in
locating or repairing them when damage is caused by the negli-
gence of the customer or those acting on his behalf. Such negli-
gence shall include the customer's failure to appraise persons
whom the customer knows or should know might damage the key box
and thaw wire if not told of their location.
All persons receiving service from the City shall provide a
separate shut off valve inside the building and located on the
service line entering the building ahead of any branch lines and
readily accessible in an emergency.
Key boxes and thaw wires will be located once without charge
for each location of service. A charge may be levied for subse-
quent locations of service as provided by resolution.
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For building code requirements for water connection extension,
see Seward Plumbing Code, Ch. 6.
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22.30.030. Installation of Water Connections.
Water connection from the main to the key box shall be
installed by the City upon application for such service, submis-
sion of a building permit and payment of established fees for
such connection.
lines and connections must
completed lines must be
Plans for all new water and sewer
be approved by the City, and the
inspected by the City prior to burial.
An approved application and any applicable service charges
shall be required to make any alterations in any conduit, pipe,
or other fitting or to turn water service off or on at the key
box. The customer is responsible for any damage resulting there-
from.
Water connections larger than two inches may be installed by
special agreement at actual cost to the customer. No water
connection shall be longer than eighty feet. Water connections
shall be installed on City property or easement.
22.30.040. Water Main Extensions.
Water main extensions shall be made upon written application
by the customer and deposit of two-thirds of the estimated cost
of the extension which shall be applied to the actual cost. If
the actual cost exceeds that of the deposit the applicant shall
pay the additional amount.
22.30.050. Fire Hydrants.
Customers applying for fire hydrant usage permits shall pay
a deposit in an amount set by resolution. A hydrant reducer must
be used. The City shall furnish upon request an approved fire
hydrant wrench.
Only city personnel or fire department personnel in the case
of a fire shall use any fire hydrant without first applying to
the City and agreeing to pay the appropriate charges and
deposits.
22.30.060. Trailer Courts.
The owner or operator of a trailer court shall report
monthly the number of trailers and shall be responsible for all
charges for water service for each trailer.
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22.30.070. Multiple Use Buildings (Apartments, Offices).
A single water connection shall serve only one customer
unless more than one customer occupies an apartment house,
duplex, office building, auto court, motel, hotel, commercial
building or other premises which by its nature would normally
rema~n under one ownership.
22.30.080. Responsibility for Frozen Water Pipes and Other
Damage.
Customers shall be responsible for frozen water connections
from the main to the building except when due to faulty instal-
lation by the City; burden of proof of the reason of freezing
rests with the customer and when so proven, responsibility for
thawing is the City's.
22.30.090. Interruption of Service.
Water may be shut off without notice for repairs, extensions
or other necessary purposes. The City will not be liable for any
loss or damage caused by failure of the City to deliver water.
The City will not be liable for a deficiency or failure,
regardless of cause, in the supply pressure of water nor for any
damage caused thereby.
22.30.100. Responsiblity for Charges; Reselling of Water
Prohibited.
When water is supplied for the use of more than one person
from one water connection, the party owning the premises adjacent
to the curb cock shall be responsible for all charges as though
he were the owner of all properties benefited by water connec-
tion. No customer shall resell water.
22.30.110. Persons Authorized to Turn Off Water Service.
Only the City shall turn on or off any water service or open
or close any fire hydrant; except, that a licensed plumber may
turn on a water service for testing his work and a person holding
a fire hydrant useage permit under ~ 22.30.050 may use a fire
hydrant in accordance with that permit.
22.30.120. Meters Required.
The City shall furnish water meters.
also be provided for residential buildings
more units.
Water meters shall
containing fi ve or
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Water meters shall be furnished and installed at the
option of the City for any existing commercial or
industrial building or use, or for any state and
federal building and use.
(b) All new commercial and industrial buildings and uses,
including all state and federal buildings and uses,
shall install City-owed water meters at the customer's
expense.
(a)
(c) All meters installed by the City or customers shall
remain the property of the City.
(d) All meter installations shall be approved in advance by
the City when the customer applies for a building
permit.
22.30.130. Minimum standards for Water Lines.
All new water lines for major building remodelling or reno-
vation (the cost of which exceeds twenty-five percent (25%) of
the borough assessed value) shall be buried a minimum of nine
feet below the surface of the ground, measured from the surface
of the ground to the bottom of the pipe. If conditions prohibit
this burial, then the line must be encased in insulation of a
type and thickness which must be approved by the city. The City
may allow the depth of burial with proper insulation to be less
than nine feet, but not less than six feet.
22.30.140. Water System as Electrical Ground.
The City recognizes that at times a plumbing system is used
as an electrical ground. The City is not liable for the adequacy
of this electrical ground and may make any structural or material
changes in the City's water mains and water service connections
without regard to the effect such changes may have on the overall
adequacy of an electrical grounding system. The City will not be
liable for the safety of any person who makes contact with a
system that is used as an electrical grounding system.
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Article IV - Electricity
~ GENERAL PROVISIONS
22.40.010. Electrical Service Provided.
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The City provides sixty-hertz alternating current, either
single or three phase, at available standard voltages. Voltage,
frequency and wave form are regulated to conform to the standard
practices of the industry.
Standard Voltages:
l20/208v ------------ 110' ------------ Secondary
l20/240v ------------ l~ ------------ Secondary
l20/208v ------------ 3~ ------------ Secondary
240/480v ------------ 3~ ------------ Secondary
l20/240v ------------ 3~ ------------ Secondary
480v ------------ 3p' ------------ Secondary
277 /480v ------------ 3~ ------------ Secondary
7,200/l2,470v ------- 3~ ------------ Primary
l4,400/24,900v ------ 3~ ------------ Primary
The City shall, unless otherwise provided, construct,
operate and maintain the facilities necessary to deliver electri-
cal energy to the point of service connection to the service
equipment owned by the customer. Responsibiity for the design of
the City's lines and other facilities shall rest with the City.
The City will not construct any service unless the approved
service equipment is installed and available for connection. If
the City's work crew or city's contractor is required to return
to the customer's job site due to a lack of appropriate facili-
ties, the customer will be responsible for all actual charges
associated with additional trips.
22.40.020 Types of Service.
(a) Permanent Service. Permanent service installations are
as defined in Article VI - Definitions. Charges for
construction of permanent services will be based on the
service extension provisions. The entrance and meter-
ing equipment will be mounted on a City pole, or
customer's building or other structure on a permanent,
non-moveable foundation. The City reserves the right
of final determination of whether a service will be
classified as permanent. All facilities will be
*
For state law authorizing City to regulate minimum lighting
requirements for buildings, see A.S. 29.10.213. As to building
regulations generally and as to Housing Code, see Ch. 6 of this
Code.
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(b)
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designed and installed in accordance with applicable
codes, standards and practices of the industry for the
class of service offered.
Temporary Service. Temporary services are as defined
in Article VI Defini tions and will be constructed
under the provisions set forth in service extension
provisions. Entrance and metering equipment may be
installed on a city pole, or a customer's portable or
skid-mounted building or other nonportable structure.
The installation and equipment will comply with appli-
cable technical and safety standards, practices and
codes to protect the customer, the general public and
the ci ty' s employees. Temporary services would
include, but not be limited to, power for construction
sites, gravel pits, sawmills, mining sites, Small Boat
Harbor, refrigerated van plug-ins, or carnivals or
similar organizations. The customer for this type of
service is liable for full cost of installation and
removal of facilities, payable in advance of installa-
tion.
Television. Except as otherwise provided herein, each
customer of the city shall pay a monthly charge for
television service.
customers who do not have any television receivers or
who are located in an area that does not receive tele-
vision transmissions are exempt from the monthly ser-
vice charge. An exemption must be claimed by filing a
form prescribed by the City and it shall continue only
for so long as the facts giving rise to the exemption
exist. Each exempt customer must renew his exemption
annually on or before January 31 of each calendar year.
Residential customers who are sixty-five years of age
or older shall be exempt from the television service
charge upon submitting satisfactory proof of the
attainment of that age to the City Manager or his
designee and requesting the exemption. This exemption
shall not apply where a customer younger than age
sixty-five changes the customer of record for his
household to another person age sixty-five or older who
is not his spouse.
Where the total number of business entities and/or
families occupying a building exceeds the number of
electrici ty customers for the building, each entity
and/or family which is not exempt under this section
shall pay a separate monthly television service charge,
which shall be billed to the electricity customer.
(d) Non-Standard Service. The City has the option of
providing non-standard services. The customer will pay
the cost of any special installations necessary to meet
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particular requirements for service at other than
standard voltages, or for closer voltage regulation
than provided by standard service, or for service with
characteristics different from those described in these
provisions.
22.40.030
Resale of Electricity.
The City provides only retail service. No customer, with
the exception of the Small Boat Harbor, shall resell or rebill
the power purchased from the City or provide service to any other
person or premises.
ENGINEERING PROVISIONS
22.40.040 Service Classification.
The intended use of electricity will determine whether a
service is residential or commercial. Classification of commer-
cial services to appropriate commercial rate schedules is stipu-
lated by size and nature of service rendered. Services with
anticipated installed capacity of 1000 KVA to 5000 KVA will be
served only after special consideration by the City's engineering
department, and may be served under special contract or under
existing applicable standard rate schedules. Services with
anticipated installed capacity of 5000 KVA or greater will be
served by special contract only and not under any standard rate
schedule.
22.40.050 Metering Electricity Use.
The registration of the City's meter shall be accepted and
received at all times and places as prima facie evidence of the
amount of power and energy used by the customer. Quanti ty of
energy use will be determined under the following provisions.
(a) Energy Use (KWH). Meters designed to quantitatively
determine energy use measured in kilowatt hours will be
installed, calibrated and monitored by the city on all
services except where:
(1) Energy use is fixed by type of service and fixed
billings will accurately recover all costs.
(2) Service is temporary and metering would be imprac-
tical. Energy usage would then be estimated and
billed accordingly.
The Ci ty reserves the
exemptions; however,
conditions who desires
the customer's expense.
final right to determine these
any customer under the above
a meter will be provided one at
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(b)
Energy Demand (KW). For certain rate schedules, pro-
visions for measuring and billing monthly non-
coincident demands are required. Meters designed to
indicate or record the highest 15-minute demand in the
billing period will be installed, calibrated, monitored
and read by the City on all affected customer services
according to rate schedule requirements.
When the serVl.ce exceeds 200 amperes or 480 volts, the
customer will provide current transformers and/or potential
transformers (PT's or CT's) at a ratio designated by the city for
metering. The customer shall install the PT' s or CT I S in a
sealable enclosure and shall furnish and install all necessary
meter sockets and raceways. The customer will install the wiring
from the instrument transformers to the meter sockets in raceways
provided by the customer. In the case of customer's primary
metering, which is generally installed on wood poles, the City
shall install such equipment at customer's expense.
22.40.060 Power Factor Adjustment.
All schedules requiring demand metering will be subject to
the following power factor adjustment provisions.
(a) Demand-metered customers should attempt to maintain a
uni ty power factor. I f the power factor falls below
90% lagging, the customer will take corrective steps to
return the power factor to 90% or higher. Also, the
following charge for billed kilowatts will apply:
Month Billing Demand = Maximum Demand X 90%
Actual Power Factor
(b) All power factor adjustment equipment installed by the
customer must be approved by the City. Power factor
can be determined by permanently installed monitoring
equipment or by periodic testing at reasonable inter-
vals, at the discretion of the City.
22.40.070 Phase Balance.
Except for three-phase, four-wire delta service, the follow-
ing phase balance requirements apply to all multi-phase services.
Current unbalance between phase wires in any multi-phase service
cannot exceed 10%. The customer will take corrective steps to
return unbalance to 10% or less.
22.40.080 Highly Fluctuatinq Loads.
Any load that causes a large fluctuation in voltage on any
given circuit and disturbs the service provided to other custo-
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mers, such as large motors, starting equipment, unstaged heating
loads, X-ray equipment or welders, etc., will be subject to
disconnect by the city.
The City may require, as a condition of service, that a
customer install, at his own expense, equipment that will elimi-
nate the undesirable load characteristics. Undesirable load
characteristics include, but are not limited to, unbalanced load
between phases, unacceptable variations from unity power factor,
and unusual demand fluctuations produced by the customer's equip-
ment. A customer planning to install electric welders or motors
larger than two (2) horsepower should consult the City before
making the installation.
22.40.090 Addition of Load.
If a single-phase customer plans to increase a given load
past the capacity of the city's equipment installed to serve that
particular location, the customer will be required to notify the
ci ty two months prior to the proposed changes. I f a customer
wi th a three-phase service plans to increase a given load past
the capacity of the city's equipment installed to serve that
particular location, the customer will be required to notify the
Ci ty six months prior to the proposed changes. These prior
notices will give the City sufficient time to design necessary
changes in equipment to satisfactorily serve the anticipated new
load. If the customer fails to notify the city and the addi-
tional load damages the city's equipment, the customer is liable
for such damages and repairs or replacement of damaged equipment.
22.40.100 Unauthorized Attachments.
wri tten permission from the City is required prior to the
attachment of any equipment or material to any city property
including poles, guy wires, equipment or structures. Any
unauthorized attachment is subject to removal at any time without
notice. The City assumes no liability, and will not be respon-
sible for any unauthorized attachments to the City I S equipment.
22.40.110 Wiring Instructions.
Minimum wiring requirements that are necessary to meet
local, state and national electric standards codes for the given
customer service entrance installation are available from the
City'S Engineering Department.
22.40.120 Load Protection.
The customer is responsible for overload, short circuit, and
phase failure protection of his own equipment. Certain pro-
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tective devices considered necessary for adequate motor protec-
tion are recommended hereunder:
(a)
Line startin<J Protection. Any motor 50 horsepower or
greater in S1ze which, in starting, might be damaged by
the full line voltage requires some type of protective
device to disconnect it from the line during interrup-
tions in service, thus protecting the motor when
service is restored. The city further recommends that
such a device be equipped with a time delay mechanism
so that the motor will not be disconnected by momentary
fluctuations in voltage.
(b)
Overload Protection. Since the intense heat caused by
overload might seriously damage the motor, the customer
should install a device that will disconnect the motor
if overload occurs. Fuses, thermal relays or circuit
breakers which are specifically designed to operate
when excessive current occurs, are the devices used for
this purpose. Where the customer receives three-phase
service, the City suggests that such protective devices
be connected in all phases.
(c)
Single Phasing Protection. Where the customer receives
three-phase service, a relay should be installed which
will disconnect the motor from the lines in the event
one phase of the line becomes open.
Reverse Phasing Protection. For three-phase installa-
tions of electric cranes, hoists, elevators, pumps and
the like, the customer should install relays which will
disconnect the motor from the line in the event of
accidental phase reversal.
(d)
22.40.130 Meter Testing.
The City will, at its own expense, make tests and inspec-
tions, as required, on meters to insure standard accuracy of plus
or minus (+j-) 2%. The City will test a customer's meter upon
request for the fee established by resolution.
If a meter is found to be out of adjustment by more than
plus or minus (+j-) 2%, the customer's bill will be adjusted
retroactively, not to exceed three (3) months, to show a
corrected billed amount. If it can be established that the error
was due to some cause, the date of which can be fixed, the over-
charge will be computed back to but not beyond that date.
22.40.140 Authorized Breaking of a Meter Seal.
Under certain circumstances, a customer may request permis-
sion to break a meter seal in order to facilitate disconnection
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for electrical work. Such requests should be addressed to the
city. A fee will be charged for resealing the equipment.
SERVICE CONNECTION PROVISIONS
22.40.150 General Requirements.
The city will own, install, operate and maintain the over-
head service necessary to the point of connection of the custo-
mer's service equipment and to the City's distribution facili-
ties.
The customer shall own, install, operate and maintain all
wiring, service equipment and electrical facililities on the
customer's side of the meter.
22.40.160 Point of Delivery.
Point of delivery for overhead services must be arranged so
that the City's conductors can be attached in one place and one
place only for drop into the customer's service entrance. The
customer will be required to provide equipment for attaching the
City's conductors to building surfaces with adequate strength to
support the City's conductors.
Point of delivery for services will be on a mutually accept-
able location pre-arranged with the City's engineering depart-
ment.
The City will not be obligated to provide service to a
structure at a point not designated by the City, and a customer
who proceeds without the designation of location may be required
to modify the wiring or other construction to provide for service
equipment at a location subsequently designated by the City.
It is the responsibility of the customer or electrical
contractor to notify the city's engineering department of all
special service requirements in advance of installing new equip-
ment or modifying old equipment at the service entrance and to
determine a suitable service entrance location acceptable to both
the customer and the City.
22.40.170 Metered Use for Each Class of Service.
The City shall establish by resolution separate rates for
each individual customer class. Rates are based on supplying
service to a customer through a single delivery or meter point.
At each delivery point, a single meter will measure all usage for
each affected class of service.
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Meter installations for services greater than 200 amps will
be provided only by special application to the City's engineering
department.
22.40.180 Meter Location.
All meters will be installed on the outside of buildings or
service structures, except for rural, mobile homes, temporary,
construction, or Small Boat Harbor service. Then the meter may
be attached on a separate meter pole. The customer will furnish
a suitable location for placing the city's meter that is safely
accessible by City employees, free from vibration, corrosive
atmosphere, and abnormal temperatures, and protected from adverse
climatic conditions or aggressive domestic animals.
Meters will not be located under enclosed porches or breeze-
ways, carports or under rain gutter downspouts or other drains.
Meters shall be installed at such height that the center of the
meter will be five feet (plus or minus 6 inches) above the ground
or platform.
The customer shall, at his own expense, extend his wiring
for a new and approved meter location whenever the existing meter
has become inaccessible or potentially inaccessible for inspec-
tion, reading and testing.
22.40.190 Primary Facilities.
Loads in excess of 50 kilowatts of demand may require pri-
mary facilities for adequate service. I f primary service is
required, the customer will be required to provide space on his
property at no cost to the City for the transformers, switches,
regulators and other equipment necessary to serve the load. The
space provided may be outdoors for pad-mount transformers or in a
vaul t inside a building as approved by the City's engineering
department.
22.40.200 Three-Phase Service.
Three-phase service will not be provided to a customer if
the connected load is less than five horsepower unless three-
phase service is immediately available on existing circuits.
22.40.210 Service for Multi-Occupant Buildings.
(a) Apartments and condominiums. Service will be supplied
to only one location for each integrated structure.
All metering and service entrance equipment will be
located at this point. Each separate residential unit
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wi thin the structure will be metered separately. No
master-metering will be permitted. Laundry, furnaces
and other common or joint-use equipment will be metered
and charged according to appropriate commercial rate
schedules.
(b)
Motels and Hotels. Service will be supplied to only
one location for each integrated structure. All
metering and service entrance equipment will be located
at this point.
(c)
Townhouses. Service for townhouses can be supplied
under the provisions of (a) above. Alternatively,
service for townhouses can be supplied to individual
uni ts if these properties are individually platted.
However, a Borough-approved and recorded plat must be
on file before such service can be constructed.
(d)
Commercial and Office Buildngs. Service for commercial
or office buildings will be supplied to only one loca-
tion for each integrated structure. All metering and
service entrance equipment will be located at this
point.
A main disconnect shall be required at the metering
point, normally on the outside of the structure.
(e)
(f) The City reserves the right to limit grouped meters to
six (6) units or less at anyone location, or to
require three-phase arrangements, or both, when it is
deemed necessary for the technical requirements of the
system.
22.40.220 Service for Mobile Home Courts.
Existing mobile home courts with master metering may con-
tinue to use master metering. New mobile home courts may not use
master metering. New mobile home courts will be connected as
provided in ~ 22.40.300.
22.40.230 Service for Small Boat Harbor.
(a) General Provisions. The Harbor Master shall have the
authori ty to manage the secondary distribution system
serving shore power to vessel slip leaseholders. The
management will also include meter reading, billing,
and the collection of fees for service connects and
disconnects.
(b) Availability. All permanent vessels mooring at slips
having electrical power shall connect and pay the
subject fees established by resolution of the Seward
City Council.
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(c)
Every effort shall be made by the Harbor Master's
office to provide "shore power" to those transient
vessels who require such service. A deposit and a
daily flat rate for power used, as established by
resolution of the Seward City Council, shall be
charged.
Type of Service. Single-phase, 120/208 voltage, 30 amp
outlets shall be provided. Any customer requiring
changes to the existing electrical facilities must
rece~ve authorization from the Harbor Master and agree
to pay for all costs associated with change.
(d)
Maintenance and Service Repair. All maintenance and
service requests shall be made to the Harbor Master's
office. The City will provide those services required
to remove, repair or test installed meters. It will,
in addi tion, provide any electrical maintenance
assistance as requested by the Harbor Master. Any such
work performed for the Small Boat Harbor will be
charged on a work order basis.
INTERCONNECTION TO CUSTOMER-OWNED ALTERNATE TECHNOLOGY
AND FOSSIL FUEL STANDBY GENERATION EQUIPMENT
22.40.240 Alternate Technology Generation.
(a) The City will permit the interconnection and operation
of alternate technology generation facilities such as
wind energy conversion systems or small scale hydro-
electric facilities with its integrated distribution
system upon compliance by the customer with the
following provisions:
(1) A Customer who owns any alternate technology
generation shall request approval from the City to
interconnect with its system at least three months
prior to the date on which the customer intends to
make any connection in any way to electric
circuitry common to the City's integrated distri-
bution system.
(2) The customer shall submit to the City along with
his request for interconnection complete documen-
tation of the alternate technology generation
equipment including but not limited to: sche-
matics; wiring diagrams; performance specifica-
tions; descriptions of energy storage devices,
circuit protection equipment, regulation equip-
ment, automatic disconnect equipment, and any
other proprietary device provided by the equipment
manufacturers.
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(3) Upon approval of the interconnection by the City,
the customer shall agree under special contract
wi th the City to pay the cost of any special
metering equipment or circuit modifications deter-
mined by the City as necessary to accomplish the
interconnection; to install power factor correc-
tive equipment as necessary to maintain a power
factor of not less than 0.9; to operate the gener-
ation equipment in strict compliance with safety
procedures established by the City, and to accept
the terms of purchase of energy or capacity or
both as set forth in the contract.
(b) The City reserves the right to refuse interconnection
wi th alternate technology generation facilities or to
limi t the number of interconnections with alternate
technology generation facilities on any single sub-
station circuit if it is determined by the City that
any such interconnection would be harmful or hazardous
to its system, its employees or other customers. If a
proposed interconnection is refused by the City, the
City will provide the customer within three months of
the initial request written notice of refusal, includ-
ing a statement of the reason(s) for the refusal.
(c) If an unauthorized interconnect is found, the City will
immediately terminate service to those facilities and
reconnect the service only when all conditions of these
provisions are satisfied.
22.40.250 Fossil Fuel Standby Generation.
The City will not permit the interconnection and operation
of fossil fuel standby generation facilities, such as diesel or
gasoline engine drive standby generators, with its integrated
distribution system under any circumstances. Diesel or gasoline
dri ven standby generators shall be connected to the customer's
load only through a double-throw switch that will prevent paral-
lel operation with the City's distribution system.
22.40.260 Customer Liability.
The customer shall be solely responsible for all accidents
or injuries to persons or property caused by the operation of the
customer's equipment, or by any failure of the customer to main-
tain his equipment in a satisfactory and/or safe operating con-
di tion, and shall indemnify, defend and save harmless the City
from any and all claims, suits, losses or damages for injuries to
persons or property, of whatsoever kind or nature arising direct-
ly or indirectly out of the operation of such equipment or by the
failure of the customer to maintain its equipment in a satis-
factory and/or safe operating condition.
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SERVICE EXTENSIONS
22.40.270 Cost Considerations.
The City will extend service to any accessible land based
location within the City's service area upon written application
by a customer. Docks, marinas and other marine structures will
be served from a shore-based delivery point only. No city facil-
i ties will be mounted on marine-type structures. The terms,
conditions, and costs for service extensions will vary according
to the following criteria.
(a) Length of the service extension, determined by the
distance from adequate existing city facilities to the
indicated service location.
(b) Whether construction calls for single-phase or three-
phase service.
(c) Materials and associated facilities required to ade-
quately serve anticipated loads and voltages.
(d) Methods of construction required due to terrain,
accessibility or weather conditions.
(e) Whether a service is temporary or permanent.
(f) Whether the service extension requires primary distri-
bution extension, secondary distribution extension or
both.
(g) Whether the requested service design requlres overhead
or underground construction, or both.
(h) Load and voltage requirements at the requested service.
22.40.280 Standard Service Extensions.
Any permanent service extension, whether single phase or
three phase, overhead or underground, primary or secondary, will
be constructed by the City under the following conditions.
(a) Any extension with estimated costs less than $750.00
will be constructed at no cost to the customer. The
customer will not be required to enter into a contract
wi th the City for these extensions. All other appli-
cable fees and deposits shall apply.
(b) Any single-phase service extension with estimated costs
greater than $750.00 will be constructed under the
following conditions:
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(1) For line extensions 1500 feet or less, the esti-
mated costs for construction in excess of $750.00
will require a non-refundable contribution-In-
Aid-Of-Construction equal to 10% of the estimated
total cost of construction to be paid to the City
prior to construction. The remaining balance of
thoses costs over $750.00 and in excess of the 10%
Contribution-In-Aid-Of-Construction will be repaid
to the city at twelve percent (12%) interest, in
thirty-six (36) equal monthly payments. This will
be a monthly service extension charge. All esti-
mated costs for construction greater than $25,000
will be recovered in full as a contribution-In-
Aid-Of-Construction payable prior to construction.
(2) For line extensions greater than 1,500 feet those
costs in excess of the $750.00 allowance and the
10% Aid-Of-Construction will be repaid to the city
at twelve percent (12%) interest in sixty (60)
equal monthly payments. This will be a monthly
service extension charge. All estimated costs for
construction greater than $25,000 will be
recovered in full as a contribution-In-Aid-Of-
Construction payable prior to construction.
(c) Any estimated costs for three-phase construction
greater than $1,500 will be recovered in full as a
Contribution-In-Aid-Of-Construction payable prior to
construction.
(d) Any line extension requiring a monthly service exten-
sion charge will be subject to credit approval as a
prerequisite to these service extension provisions.
22.40.290 Temporary Service Construction.
The customer will pay the City for all construction and
subsequent removal costs for any temporary service prior to
construction. This payment will be classified as a contribu-
tion-In-Aid-Of-Construction. The City reserves the right to
determine which services shall be classified as temporary.
22.40.300 Mobile Home Courts.
All facilities installed in Mobile Home Courts will require
a Contribution- In-Aid-Of-Construction of total estimated costs
prior to construction.
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22.40.310 Service Upgrades.
If a customer requests an upgrade in service to accommodate
additional load requirements, the City will construct the upgrade
under the following conditions.
(a) For service extensions less than 36 months old, the
customer will be required to pay all the estimated
upgrade costs as a contribution-In-Aid-Of-Construction
prior to construction.
(b)
For extensions over 36 months old, the customer
allowed upgrades, with cost estimates less than
at no additional charge. Any estimated costs
than $400.00 will be treated under the standard
extension payment procedures outlined
22.40.280(b).
will be
$400.00
greater
service
in ~
(c) I f a service upgrade includes an additional service
extension for the upgrade, the costs of construction
are subject to the above conditions (a) and/or (b).
22.40.320 Construction of Subdivision service
Extensions and/or Idle Facilities.
If active service locations are served by requested service
extension, each such extension shall be treated under the
standard service extension procedures outlined in ~ 22.40.280 and
subject to other applicable conditions of service as outlined in
these service extension and utility provisions of the City. If
service extensions to inactive service locations are requested
along with service extensions to active service locations, the
estimated cost associated with the extensions to the inactive
service locations shall be paid by the customer or developer in
full as a Contribution-In-Aid-Of-Construction prior to construc-
tion.
If service extensions to inactive service locations become
active within 36 months of the original construction, a refund of
all Contributions-In-Aid-Of-Construction paid up to $2,000 maxi-
mum will be made. Inactive service extensions that become active
after 36 months subsequent to the original construction will
receive no refund. The customer will be required to pay charges
for any trips made by City work crews or contractors needed to
make the conversion from inactive to active, independent of any
refund.
22.40.330 Adding Services to Existing Service Extensions.
(a) I f a new service extension is added to an existing
extension wi thin 36 months of the completion of the
existing extension, one of the following adjustments
will be made.
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(1) The original service extension monthly charge will
be reduced to reflect a contribution of up to
$400.00 for each new extension added to the orig-
inal service extension.
(2) The original service extension contribution-In-
Aid-Of-Construction will be refunded $400.00 for
each new extension added, not to exceed the orig-
inal Contribution-In-Aid-of-Construction.
If more than one customer sponsored the original
service extension the refund or monthly service
extension reduction will be apportioned among the
original customers.
(b) I f a new service extension is added to an existing
extension subsequent to 36 months from the completion
of the original extension, there will be no refund or
adjustments.
(c) New service extensions added to existing service exten-
sions regardless of age will be treated under the
provisions of 9 22.40.280, and estimated costs will be
calculated only on construction of the new extension
from the existing lines plus any necessary existing
system upgrading.
22.40.340 Relocation of Facilities.
The City will relocate any portion of its facilities on
request if the relocation will not interfere with, or increase
the cost of, service to its customers. The party requesting the
relocation shall execute a written agreement to pay the cost of
relocation, which shall be calculated as the cost of constructing
and installing the new facilities, plus the cost of removing the
replaced facilities, less the accrued depreciation and salvage
value of the replaced facilities. Service conductors and equip-
ment will be relocated at the sole cost and expense of the
requesting party. Relocations at the request of the Department
of Transportation & Public Facilities will be performed in
accordance with the applicable laws of the state of Alaska.
22.40.350 Conversion of Temporary service;
Extensions to Permanent Service Extension.
If a service has been installed at a temporary location for
construction power at a building site, the customer may request
it be converted to permanent service. The cost of the service
shall be re-calculated in accordance wi th ~ 22.40.280 and fees
and charges adjusted for a permanent service installation.
Excess money already paid will be refunded, or deficiency paid.
In addition, the customer will be required to pay costs associ-
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ated with making the conversion from temporary to permanent,
independent of any refund. Except as noted herein, other temp-
orary installations are not eligible for conversion or refund.
22.40.360 Security Light Construction.
The city will provide security light service to customers by
installing a single light and fixture on an existing pole with no
more than one secondary span from the customer's installed exist-
ing overhead service facilities at no charge other than the
standard security light installation fee.
If security light construction is required without existing
secondary service, the customer will be required to pay all the
estimated additional construction costs. These costs will be
paid prior to construction as a Contribution-In-Aid-Of-Construc-
tion. The security light service will be constructed and billed
as an individual, non-metered service.
22.40.370 Estimating Service Extension Costs.
The City estimate used in determining service extension
costs will be calculated on an average per foot cost based on the
most recent actual construction costs plus the cost of trans-
formers. Costs will vary based on the physical characteristics
of the extension as detailed in ~ 22.40.280. For non-standard
construction, the estimates will reflect extraordinary costs for
materials, transportation and/or labor.
22.40.380 General Service Extension Provisions.
(a) The City reserves the right to refuse service to any
load or location determined to be detrimental to the
City's existing system.
(b) Applications for service and service extension agree-
ments must be signed by the legal property owner or the
lessee of state, federal or municipal property.
Lessee/renters on private property may sign only with
the consent of owner in writing.
(c) Service extension agreements may be assumed by another
customer providing that the customer is the new legal
owner or lessee of the property to which the service
extension was made, and further providing that it is
agreed to in writing by the City, the assignor and the
assignee of the agreement.
(d) The City reserves the final right to determine the
technical or economic feasibility of any service exten-
sion. Construction requirements for single-phase or
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three-phase serv~ce extensions will be determined
solely by the City. The city may refuse any type of
construction it deems technically unfeasible or the
City may charge in advance as a Contribution-In-Aid-
Of-Construction for any type of construction it deems
non-standard or economically unfeasible.
The city shall be the sole judge of whether extensions,
construction conditions, and material requirements are
standard or non-standard. In non-standard construction
the City will adjust service extension costs based on
use of non-standard construction labor, materials or
transportation.
If constructing service extensions require the services
of a registered land surveyor, the applicant will be
liable for costs incurred for any extra property or
boundary surveys necessary to determine correct place-
ment of the city 's facilities on the applicant's pro-
perty or intervening property.
(g) For any service extension the customer must provide
satisfactory right-of-way to the City for placement of
its facilities as needed to provide service to the cus-
tomer's desired service location. These right-of-ways
shall be provided to the City at no cost. Right-of-way
agreements must be signed by the legal property owner.
.
(h) The length of the electric line required for an exten-
sion of service will be the distance from the nearest
sui table existing distribution facility to the point
where the customer's transformer bank is attached to
the end of the service extension. The City will deter-
mine the length along the shortest practical route
which is not in conflict with any previous plan to
render service, and shall not be required to deviate
from such previous plan of extension. The length of
the extension will be computed based on the actual
length of construction involved.
(i) In all cases the facilities provided shall be con-
structed in accordance with the City's specifications,
and shall be the City's property up to the point of
delivery.
(j )
.
If more than one applicant requests service
extension, the guaranteed total minimum
contributions-In-Aid-Of-Construction will
tioned among the applicants.
on the same
revenue or
be appor-
(k) In cases where service extensions cross federal, state,
municipal or native lands, the applicant will be liable
for all filing, easement or other required fees.
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LIABILITY
22.40.390 Interruption of Service.
The City will exercise reasonable care to provide adequate
and continuous electric service. However, the City assumes no
liability for injury, loss or damage resulting from system fail-
ure or curtailment of service, unless such injury, loss or damage
resul ts from the sole negligence of the City. Such failure or
curtailment shall not be deemed breach of contract.
The City also reserves the right to temporarily interrupt
service to make system repairs or system upgrades. In the event
such interruptions are required, the City will make efforts,
where practical, to give advance public notice. The City will
also schedule these outages to be as short as possible and at
times of least inconvenience.
Should a serious power shortage develop for reasons beyond
control of the city, and should it become mandatory that the City
place into effect a curtailment program, then in this event, the
City reserves the right to limit the use of electrical energy to
such extent and duration as may become necessary.
22.40.400 Customer's Equipment.
Neither by inspection, nor non-rejection, nor in any other
way, does the City give a warranty, expressed or implied, as to
the adequacy, safety or other characteristics of structures,
equipment, wires, conduit, appliances or devices owned, installed
or maintained by the customer or leased by the customer from
third parties.
It is the customer's responsibility to install and maintain
all wiring and equipment beyond the agreed point of deli very.
The customer will also provide an Underwriter's Laboratory
approved meter socket or sockets as specified by the City for the
appropriate types of service. I f instrument transformers sup-
plied by the city are required, the customer will provide the
necessary space and equipment enclosures for mounting these
devices as specified by the City's engineering department. The
Ci ty shall furnish meter sockets for instrument-rated metering.
The City will install and maintain meters and special moni-
toring equipment as needed. Because the City cannot guarantee
normal operating standards at all times due to conditions or
circumstances beyond the City's control, the customer is respon-
sible for providing sui table protective equipment (i. e., fuses,
breakers, relays, etc.) for protection against phase failure or
excessive voltage fluctuation.
All wiring will comply with local, state and national elec-
trical code standards. The City is not, in any way, liable for
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any damages or accidents to the customer or third parties due to
contact with, or failure of, customer-owned installations.
22.40.410 Consequential Damages
The City is not liable for any injury, loss or damage resulting
in any way from the supply or use of electricity or from the
presence or operations of the City's structures, equipment,
wires, conduit, appliances or devices on the customer's premises,
unless such injury, loss or damage results from the sole negli-
gence of the City.
22.40.420 Power Outage
If a power outage occurs, the customer should attempt to
determine if the outage is caused by failure of the customer's
equipment or of the City's equipment. If the customer determines
the fault to be the City's responsibility, the City will send a
serviceman to investigate the reported outage. If the cause of
the outage is determined to be the failure of the City's equip-
ment, the City will correct the problem and restore service as
soon as possible. However, if the cause of the outage is deter-
mined to be in the customer's portion of the service, the custo-
mer will be charged for all actual expenses associated with the
serviceman's visit to the customer's service location.
Article V. Sewer
22.50.010 Use of Public Sewers Required; Time of Connection
Whenever a public sewer system is installed and accepted by
the City for operation, each owner of a parcel upon which a
house, building, or property is used for human occupancy, employ-
ment, recreation, or other purposes situated within the City of
Seward and any boundary of which is within 200 feet of the sewer
system shall install a building sewer within 12 months; provided
that this time period may be extended for a maximum of 6 addi-
tional months at the discretion of the City Engineer due to
adverse weather conditions. This requirement shall not be af-
fected by the availability of anyon-site sewage disposal system.
22.50.020 Unlawful Discharge
It shall be unlawful to discharge sewage in any unsanitary
manner on public or private lands or any natural outlet with-
in the City limits of Seward.
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22.50.030. Property Owner Responsibility.
Each property owner shall be solely responsible for the
installation, maintenance and operation of any building sewer or
any on-site sewage disposal system, whether or not such system
has been approved or inspected by the City.
22.50.040. Construction of On-site System.
It shall be unlawful to construct or maintain anyon-site
sewage disposal system wi thin the City of Seward unless the
following conditions are met:
(a) No public sewer is available wi thin 200 feet of any
property line or boundary upon which the structure to
be serviced is located.
(b) The proposed system meets at least the following mini-
mum design criteria:
(1 )
A minimum lot size of one acre,
minimum separation required between
as provided in ~ 22.50.040(b)(3).
or meets the
a private well
(2) A minimum allowable percolation rate of 60
minutes/inch (MPI). Systems with less percolation
than 60 MPI must be designed by an engineer regi-
stered in the State of Alaska.
(3) A minimum of 100 feet separation of any treatment
or disposal system from a private well. Private
sewer lines must be a minimum of 25 feet from a
private well.
(4) A minimum septic tank size of 1,000 gallons for a
three bedroom home and 250 gallons for each addi-
tional bedroom.
(5) Leach field capacity shall conform to the Manual
of Septic Tank Practices, U.S. Department of
Health, Education and Welfare.
(c) Review and approval of the system by the City Engineer.
(d) System meets all requirements of the Alaska Department
of Environmental Conservation as being adequate to
protect the ground water and general public welfare.
(e) The owner agrees to comply with ~ 22.50.010.
(f) All construction methods and details for on-site sewage
disposal systems shall follow standard accepted prac-
tice.
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22.50.050. Permit Required.
A sewer hook-up permit must be obtained from the City prior
to making a connection to a public sewer. All work must be
inspected and coordinated within the Department of Public Works.
22.50.060. Separate Connections and Sewers Required.
A separate service connection and building sewer shall be
provided for every building unless physical constraints prevent
it. Old service connections and building sewers may be used only
if they are in good repair. Construction of the service connec-
tion shall meet the Uniform Plumbing Code and Building Code as
required by chapter 6 of this Code. Adequate cleanouts must be
provided. All connections to existing sewers shall be with a
saddle.
22.50.070. Minimum Standards.
All sewer lines shall meet the minimum standards as set
forth in ~ 22.30.130 of this Code.
22.50.080. Check Valve Required.
All new building sewers shall include a check valve if the
lowest outlet in the building to be served is below the elevation
of the top of the manhole nearest the downstream pump station.
22.50.090. Property Owner Costs.
All costs and expenses incidental to the installation and
connection of the building sewer and any necessary service con-
nection to the public sewer system shall be borne by the owner.
The owner shall be assessed a one-time hook-up fee.
22.50.100. Unlawful Connections.
It shall be unlawful to connect roof downspouts, exterior
foundation drains, area runoff or ground water to a building
sewer or building drain. In addition, it shall be unlawful to
discharge uncontaminated cooling water or unpolluted industrial
process waters to any sanitary sewer.
22.50.110. Unlawful Discharges.
(a) No person shall discharge or cause to be discharged any
of the following-described waters or wastes in any
public sewer:
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(1) Any gasoline, benzene, naptha, fuel oil, or other
explosive liquid, solid, or gas.
(2) 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, 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/l as CN in wastes as dis-
charged to the public sewer.
(3) Any waters or wastes having a pH lower than 5.5 or
having any other corrosive property capable of
causing damage or hazard to structures, equipment,
and personnel of the sewage works.
.
(4) Solid or viscous substances in quanti ties 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.
(b) 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 city
Engineer that such wastes can harm either the sewers,
sewage treatment process, or equipment, have an adverse
effect on the receiving waters, or can otherwise
endanger life, limb, public property, or constitute a
nuisance. In forming his opinion as to the acceptabil-
ity of these wastes, the City Engineer will give con-
sideration to such factors as quanti ties of subj ect
wastes in relation to flows and velocities in the
sewers, materials and 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 perti-
nent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees F. (65
degrees C.).
.
(2) Any water or waste containing fats, wax, grease,
or oils, whether emulsified or not, in excess of
one hundred (100) mg/L or containing substances
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which
tures
fifty
may solidify or become viscous at tempera-
between thirty-two (32) and one hundred
(150) degrees F. (0 and 65 degrees C.).
(3) Any garbage that has not been properly shredded.
(4) Any waters or wastes containing strong acid iron,
pickling wastes, or concentrated plating solutions
whether neutralized or not.
22.50.120. Unlawful Damage.
No unauthorized person shall
negligently break, damage, destroy,
with any structure, appurtenance or
the sewage works.
maliciously, willfully, or
uncover, deface, or tamper
equipment which is part of
22.50.130. Frozen Lines.
The customer is responsible for all frozen and/or plugged
service connections and building sewers unless it is determined
that the back-up and/or freezing was caused by a main line plug
or failure. In any case, liability of the City shall be limited
to reimbursement for use of a power rodder or for steam thawing
performed by an authorized contractor.
22.50.140. Consequential Damages.
The City shall not be responsible for any consequential
damages caused by any failure of the sewage works.
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Article VI - Definitions
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
APplicant. A person, including a corporation, partnership,
association, and governmental unit or agency, who requests
utility service or the extension of utility facilities under
these provisions and who may be synonymous, as circumstances
permit, with "developer," "owner," "contractor," "builder,"
and similar terms associated with the improvement and
development of real property and the construction of build-
ings and related improvements and their heirs, successors.
Bod (denotin9 Biochemical Oxygen Demand). The quantity of
oxygen util~zed in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days
at 20 degrees C., expressed in millgrams per liter.
Building drain. 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 sewer, beginning
fi ve (5) feet (1.5 meters) outside the inner face of the
building wall.
Building sewer. The extension from the building drain to
the service connection or other place of disposal.
Class of service. The type of service rendered by the City
to a Customer under a particular rate schedule.
Clean-out. A pipe inserted into the sewer extension through
which a cleaning device can be inserted into the sewer
extension.
Collection system.
operated by the
sewage.
The system of public sewers to be
ci ty and designed for the collection of
Combined sewer. A sewer receiving both surface runoff and
sewage.
commercial service - nondemand metered. This classification
applies to single phase, nondemand metered general lighting,
incidental power, and other services used by commercial and
industrial enterprises whose installed transformer capacity
is less than 50 KVA and by multiple dwelling units when
supplied through one meter. A residential service through
which an additional service point not directly associated
with the primary residence is likewise serviced will be
billed under this schedule.
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Commercial service - demand metered. This classification
applies to demand metered general lighting, incidental
power, and other serices used by commercial and industrial
enterprises whose installed transformer capacity is equal to
or greater than 50 KVA but not greater than 1/000 KVA.
Commercial user. A person or premises used for commercial
or business purposes which discharges domestic waste, not
industrial waste.
Composite. The make-up of a number of individual samples so
taken as to represent the nature of sewage or industrial
wastes.
consti tuents. The combination of particles or conditions
which exist in the industrial wastes.
Contribution-In-Aid-Of-Construction. That sum of money
representing the cost of making additions or modifications
to utility distribution facilities and underground instal-
lations / which the applicant or Customer must pay as a
condition precedent to installing the facilities requested,
and which becomes the property of the City and is not other-
wise subject to refund to the contributor.
.
Customer. The person, partnership, corporation or entity in
whose name a utility account is held and the occupant,
resident or tenant of any premises served by a city utility.
In those cases where a utility service is not separately
metered to individual tenants in a building, the landlord/
owner shall be considered a customer.
Demand. The maximum rate of delivery of electric energy
during a month, measured in kilowatts (KW) registered over a
15-minute period by a demand meter.
Domestic waste. Any sewage emanating from residential
dwellings or from domestic acti vi ties by or for private
ci tizens having a BOD of less than 250 ppm and/or a total
suspended solids of less than 250 ppm.
Economically feasible. An extension of distribution facili-
ties will be considered economically feasible if anticipated
annual revenue from the project will recover all annual
costs plus reasonable margins to provide service to that
point, and that this balance of revenue to costs/margins can
reasonably be expected to continue for the service life of
the facilities constructed for the requested service exten-
sion.
.
Electric service. The availability of electric energy at
the point of delivery for use by the customer, irrespective
of whether electric energy is actually used.
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En~ineering. Engineering includes the preparation of elec-
trlc layouts, designs, specifications, and other drawings
and lists associated with electric construction. It also
includes, but is not limited to, making construction esti-
mates, inspecting construction for conformance with design
criteria and specifications, staking, right-of-way acquisi-
tion, and similar and related activities necessary to the
technical planning and installation of electric distribution
facilities.
Garbage. All animal and vegetable refuse from food or food
preparation, dead animals and the accumulation from restau-
rant grease traps, but not dish water nor waste water, ice,
salt and similar materials.
Industrial. This classification applies to electrical
services with installed transformer capacity equal to or
greater than 1,000 KVA. Industrial services with installed
transformer capacity of equal to or greater than 5,000 KVA
will be served by contract only, and only by cost based
rates of those services.
.
Industrial user. A person or premises which discharges
sewage having the characteristics of industrial wastes as
distinct from domestic wastes or which has a BOD of 250 ppm
or greater and/or which has a total suspended solids of 250
ppm or greater.
Industrial wastes.
processes, trade,
waste.
The sewage from industrial manufacturing
or business as distinct from domestic
Key box (curb valve, curb cock). The shut off point for
water service which is the property of the customer.
Mobile home. A detached single-family dwelling designed for
long-term human habitation, having complete living facili-
ties, constructed and fabricated into a complete unit at a
factory, and capable of being transported to the location of
use on its own chassis and wheels.
Mobile home court. Any parcel or adjacent parcels of land
in the same ownership, which are utilized for occupancy by
more than two mobile homes, but not including tourist faci-
lities for motor homes, campers or travel trailers.
Multiple residential structures. Any building or collec-
tions of buildings having common walls, containing two or
more residential units, which include such common residen-
tial arrangements as apartments, town houses, row houses and
condominiums.
.
Natural outlet. Any outlet into a watercourse, pond, ditch,
lake, or other body of surface water or ground water.
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On-site sewage disl?osal. The use of any prury, cesspool,
septic tank or sim11ar facility for disposal of sewage which
is not connected to the collection system.
Permanent electrical service. Service entrance and metering
equipment installed at a given location with intent to
remain for the useful service life of the City's electrical
facilities constructed for that service. The equipment will
be mounted on a City pole, or customer's building or other
structure on a permanent, nonmoveable foundation. The city
reserves the right of final determination of whether a
service will be classified permanent. All facilities will
be designed and installed in accordance with applicable
codes, standards and practices of the industry for the class
of service offered.
~ shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
Point of delivery. Point of delivery is that predetermined
location where the city terminates its equipment or con-
ductors and connects with the customer's equipment or con-
ductors.
.
Premises. The real property of the Customer 1n a single
location being served by the City.
Pretreatment. That physical treatment given to sewage prior
to discharge into the collection system, or those processes
utilitized for this purpose.
Primary service. The conductors and equipment necessary to
supply the Customer with electricity at the available pri-
mary voltage above 480 volts.
Primary vol ta<Je. The voltage supplied to the high-voltage
side of distr1bution transformers, which include three-phase
service 7,200/12,470 and 14,400/24,900.
Properly shredded garbage. The remnants from the prepara-
tion, 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 the collec-
tion system, with no particle greater than one-hal f (1/2)
inch (1.27 centimeters) in any dimension or overall.
Public sewer. Any sewer collection system operated by or
under the authority of the City.
Public Works Department.
Department.
The City of Seward Public Works
.
Racewax. A channel for holding wires, cables, or busbars,
which 1S designed expressly and used solely for that pur-
pose.
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Receiving waters. A those natural outlets into which sewage
is discharged.
Refuse. All garbage, rubbish and waste material.
Residential or domestic user shall mean a person or premises
who discharges an average normal volume of domestic waste to
the collection system.
Residential service. The providing of a utility to a
single-family dwelling. Activities of a nature requiring a
business license, advertising, or whose profits and expenses
are shown against federal income taxes will be classified as
"Commercial."
Rubbish. Tree and plant trimmings, paper products, rags,
rubber, carpets, clothing, straw packing, packing materials,
furniture and all other kinds of combustible waste material
which ordinarily accumulates in the operation of a household
or business. "Rubbish" does not include manure or waste
from any yard or stable.
Sanitary sewer.
storm, surface,
admitted.
A sewer which carries sewage and to which
and ground waters are not intentionally
.
Secondary service. "Secondary service" means serVlce at
available voltage of 480 volts or less.
Secondary voltage. The voltage for delivery directly to the
service entrance of the customer, i.e., the low voltage side
of a distribution transformer, or utilization voltage.
securi ty lights. A fixture or fixtures installed to illu-
minate private homes and areas, including places and areas
to which the public has access but which are privately owned
and controlled.
Service.
The furnishing of a utility to a given location.
Service connection. The pipe and appurtenances required to
connect an individual property or facility to the sanitary
sewer. The service connection shall start at the collection
system and terminate at the property line or easement limit
and shall not include the building sewer.
Sewage. Any combination of the water-carried wastes from
residences, business buildings, institutions, and industrial
establishments, together with such ground, surface, and
storm waters as may be present.
.
Sewage treatment plant. Any arrangement of devices and
structures used for treating sewage.
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Sewage works. All facilities for collection, pumping,
treating, and disposing of sewage.
Sewer. A pipe or conduit for carrying sewage.
Slug. Any individual or combined discharge of water,
sewage, or industrial waste which in concentration of any
given constituent or in quantity of flow exceeds, for any
period longer than fifteen (15) minutes, more than five (5)
times the average twenty-four (24) hour concentration or
flows during normal operation.
Storm drain and storm sewer. A sewer which carries storm
and surface waters and drainage, but excludes sewage and
industrial wastes, other than unpolluted cooling water.
Street li~ht. A system or fixture of such system, for the
illuminatlon of streets, alleys, and other public places and
areas, installed and operated at public expense.
Subdivision. A tract or parcel of land divided into two or
more lots, sites, or other divisions according to applicable
law.
.
Suspended solids. 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.
Tem~orary secondary service. Service provided on an interim
baS1S during a construction phase or any other service
provided by use of facilities which cannot be reused or
continued as permanent facilities and must be removed when
the temporary need has ceased. The duration of the service
will not exceed 180 days.
Thaw wire. The wire leading from the water main, parallel
with the service line and coming up to the ground surface at
the key box.
Toxic. Consti tuents of sewage which are considered from
time to time by the U.S. Environmental Protection Agency in
its listing of NRDC priority Pollutants Schedule as
adversely affecting facilities or conditions similar to the
collection system, the sewage treatment plant, or the
receiving waters.
.
Waste material. Broken crockery, glass, wire, ashes, cin-
ders, bottles, tin cans, metals and other similar noncom-
bustible waste material resulting from the operation of a
household or business. Discarded vehicle bodies or other
bulky or heavy objects, waste material resulting from any
manufacturing, building or construction operation, and
similar materials shall not be considered waste material and
must be disposed of by the property owner.
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Water connection, water service connection. That part of
the water distribution system, including pipe and appurte-
nances, used to conduct water from the water main to a point
at or near the property line of the premises to be served.
Water connection extension. That part of the water distri-
bution system extending from the water connection into the
premises served.
Section 3. This ordinance shall become effective
January 21 , 198~.
ENACTED BY THE
ALASKA, this 11 day of
CITY COUNCIL OF THE CITY OF SEWARD,
January 1982 .
CITY OF SEWARD, ALASKA
C ../"
- . {I(((___. ,
, {" "J L ~ *-"-'
Donald W. Cri , Mayor
AYES:
NOES:
ABSENT:
CRIPPS, CAMPBELL, MEEHAN, O'BRIEN, SORIANO, AND SWARTZ
NONE
BURGESS
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys for
the City of Seward, Alaska
~iJ;/~
Fre B. Arvldson, Esq.
(City Seal)
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