Sec. 45-76. - Short title.

This article shall be known and may be cited by the short title of the Water Supply and Service Regulations.

(Code 1968, § 47-1)

Sec. 45-77. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Apartment means a structure or group of structures under common management containing five or more dwelling units.

Commercial means an account at which the predominant activity is the selling of goods or provision of services.

Commissioner means the public works commissioner of the city.

Customer means the owner, or any other person supplied with water by the department.

Department means the public works department of the city.

Industrial means an account at which the predominant activity is the processing, assembly or manufacture of goods, warehousing or bulk storage of raw products.

(Code 1968, § 47-2)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 45-78. - Application for service.

(a)

All persons desiring a water supply from the department shall first make application at the office of the department upon printed forms to be furnished by the department, the blanks to be properly filled in and signed by the owner of the premises, or his properly authorized agent, except in the case where water may be required for the purpose of erecting new buildings, or making repairs to buildings, then the contractor or builder may sign the application.

(b)

The applicant shall agree to conform to and abide by the rules and regulations governing the department and the detail standards and specifications of the department. The right is reserved to the department to alter or revise these rules, regulations, standards and specifications in the manner provided by law.

(c)

All applications must receive the approval of the department before connection is made or water furnished.

(Code 1968, § 47-3)

Sec. 45-79. - Temporary establishments.

Temporary establishments such as, by way of example only, used and new car lots, laundromats, etc., shall pay for the full cost of installing a water service, including the meter, as determined by the commissioner.

(Code 1968, § 47-4)

Sec. 45-80. - Wilmington Marine Terminal service.

In the Wilmington Marine Terminal the full cost of supplying the water service shall be borne by the applicant with the exception of the meter which will be supplied by the department. The cost for the work shall be estimated by the commissioner and the amount of such estimate shall be paid to the department of finance by the customer prior to the commencement of work.

(Code 1968, § 47-5)

Sec. 45-81. - Service for city departments.

All city departments shall pay the full cost of installing a water service, including the meter. The cost for the work shall be estimated by the commissioner and the amount of such estimate shall be paid to the department of finance prior to the commencement of work. There will be no billing for water consumption.

(Code 1968, § 47-6)

Sec. 45-82. - Installation cost.

(a)

On all services exceeding one-inch, the applicant shall pay the full cost of installing the water service, including the meter or meter replacement. The cost of such installation shall be estimated by the commissioner and the amount of such estimate shall be paid by the applicant to the department of finance prior to the installation of the service.

(b)

For purposes of this chapter, a meter shall be presumed to have a useful life of ten years.

(c)

Waivers. There may be a waiver of fees otherwise required by the provisions of this section, but only if recommended by the director of real estate and housing and approved in writing by both the commissioner of public works and the director of finance and if such waiver is part of an incentive for a city-assisted or city-supported low-income residential development.

(d)

In all installations of water service or replacement of meters, regardless of size of meter, there shall be installed a remote meter reading device.

(Code 1968, § 47-7; Ord. No. 92-053(sub 1), § 34(a), 7-2-92; Ord. No. 95-011(sub 1), § 2, 3-2-95; Ord. No. 95-047(sub 1), § 1, 10-5-95; Ord. No. 09-039, § 5, 8-27-09)

Sec. 45-83. - Same—Outside the city.

(a)

Outside the city, the customer shall pay the full cost of installing a water service, including the meter, and any meter replacement, except those covered by section 45-79. The cost of the work shall be estimated by the commissioner, and the amount of such estimate shall be paid to the department of finance prior to the commencement of work.

(b)

In all installations of water service or replacement of meters, there shall be installed a remote meter reading drive.

(Code 1968, § 47-8; Ord. No. 92-053(sub 1), § 34(b), 7-2-92; Ord. No. 95-047(sub 1), § 1, 10-5-95)

Charter reference— Service outside city, § 5-404.

Sec. 45-84. - Main extensions outside city.

When main extensions outside the city are required or requested, such main shall be extended along the full frontage of the applicant's property and the total cost shall be borne by the applicant. The right shall be reserved to the commissioner to determine the size main required. The following procedure shall be followed:

(1)

Application shall be made to the department upon printed forms furnished by the department, the blanks to be properly filled in and signed by the owner or his properly authorized agent.

(2)

A map shall be attached to the application showing the location of the requested facilities.

(3)

The commissioner will estimate the cost of the extension and the amount of such estimate shall thereupon be paid to the department of finance prior to the commencement of the work.

(4)

An agreement shall be drawn up by and between the city, acting by and through the agency of the department, and the applicant. The agreement shall require the applicant to provide a performance bond in an amount to be determined by the commissioner and such requirements as the commissioner deems necessary. The agreement becomes effective upon passage of a resolution of approval by the council of the city. The agreement shall be recorded in the office of the recorder of deeds in and for the county, and the costs of such recording shall be borne by the applicant.

(Code 1968, § 47-9)

Charter reference— Service outside city, § 5-404.

Sec. 45-85. - Determination of whom to perform certain work.

In all cases where the customer shall bear the full cost of installing a water service or extending a water main, the right shall be reserved to the commissioner to determine whether the work shall be done by the department or an approved contractor.

(Code 1968, § 47-10)

Sec. 45-86. - Discontinuance by city.

(a)

Service may be discontinued, upon 96 hours written notice to the owner or his authorized agent, and to the occupant(s), for any of the following reasons:

(1)

For the use of water for any other property or purpose other than that described in the application.

(2)

For willful waste of water through improper or imperfect pipes, fixtures or otherwise.

(3)

For molesting any service pipe, meter, curb, stop cock or seal, or any other appliance of the department.

(4)

In case of vacancy of premises.

(5)

For refusal of reasonable access to the property for purpose of inspecting, reading or removal of meter, and for failure to make provisions to afford the department access to the meter at least once every three months during the department's regular working hours, Monday through Friday.

(6)

For making, or refusing to sever, any cross connection between a pipe or fixture carrying water furnished by the department, and a pipe or fixture carrying water from any other source.

(7)

For the nonpayment of water service and repairs, charges, penalties and fines if the whole or any portion of the charges remains unpaid after the due date on the bill and no agreement is in effect.

One year or more of continual non-payment. Water service shall be discontinued to any customer who remains in a non-payment status for a continuous period of one year or more.

(8)

For extending water pipes to other buildings without proper permit and refusing to pay water services for same.

(9)

For refusal to have water pipes properly arranged for meter installation.

(10)

For violation of any rules of the department and any violation of state or municipal regulations governing such water service. The written notice requirement is applicable in all circumstances, including cases where there is a written agreement between the city and the customer for payments on past amounts due.

(b)

There shall be no charge whenever water is turned off from any premises because of violation of the department's rules and regulations, or for nonpayment of a bill. Service shall be renewed under a proper application when the conditions under which such service was discontinued are corrected and upon payment of all proper charges or amounts due from the customer. An additional charge of $60.00 shall be made for again turning on the water. In any instance in which notice of discontinuance of water service has been given for the nonpayment of water service and repairs, charges, penalties and fines, pursuant to subsection (a)(7) of this section, such discontinuance of water service shall not take place on any Friday nor on any day immediately preceding a federal, state or city holiday.

(c)

The city shall not be liable for any breakage in the water service, including pipes and valves, sustained during any shutoff or resumption of service.

(Code 1968, § 47-58; Ord. No. 95-011(sub 1), § 2, 3-2-95; Ord. No. 99-132, § 1, 12-16-99; Ord. No. 00-004(sub 1), § 1, 1-27-00; Ord. No. 01-113, § 1, 12-6-01)

Sec. 45-87. - Upon customer request.

Whenever a customer desires to have his service contract terminated or his water service discontinued, he shall notify the department to that effect in writing. When such a written notice is received prior to the billing period at the office of the department to which the request that the water service be turned off has been made, such property shall be exempt from the first day of the billing period until occupied. A charge of $40.00 shall be made for shutting off the water. When the property is occupied, the owner shall pay the facilities charge in advance for the balance of the applicable billing period, as well as any other charge due, and the department shall turn on the water for which an additional charge of $40.00 shall be made.

(Code 1968, § 47-59; Ord. No. 95-011(sub 1), § 2, 3-2-95; Ord. No. 09-014, § 4, 5-21-09)

Sec. 45-88. - Right of city to discontinue service.

(a)

When it is necessary to cut off and discontinue water service to any water service connection for the purpose of making changes in the city's water mains or pipes, in the case of a break or rupture in the city's water pipes, for the purpose of testing any of the city's pipes or mains, for the purpose of inspecting any of the pipes and connections attached to the city's mains, or in any emergency, the city reserves the right to cut off and discontinue water service without liability to such owner or tenant as may own or occupy the premises to which such connection is made to the water mains or pipes of the city.

(b)

Whenever possible the department will use all reasonable and practicable measures to notify the customer in advance of such discontinuance of service.

(Code 1968, § 47-74)

Sec. 45-89. - Turning water off or on at curb stop.

The water supplied to any premises shall not be turned off, or turned on, except in cases of emergency, at the curb stop, except by an authorized employee of the department. When the water is shut off in case of emergency the department office shall be notified immediately thereafter.

(Code 1968, § 47-75)

Sec. 45-90. - Requirements upon placing or replacing cement sidewalks.

The contractor or the owner shall notify the department at least 24 hours before placing or replacing a Portland cement concrete sidewalk in all cases where stop boxes, meter covers or other water appurtenances must be adjusted to the proper level. It shall be the customer's responsibility to make the final correction if the stop boxes, meter covers or water appurtenances are broken or covered.

(Code 1968, § 47-76; Ord. No. 92-053(sub 1), § 34(d), 7-2-92)

Sec. 45-91. - Requirements upon grading of grounds, etc.

The contractor in the case of erection of a new building, or otherwise the owner, shall notify the department at least 24 hours before final grading of grounds or placing of sidewalks in all cases where stop boxes, meter covers, or other water appurtenances must be adjusted to proper level. It shall be the customer's responsibility to make final correction if the stop boxes, meter covers or other water appurtenances are broken or covered.

(Code 1968, § 47-77)

Sec. 45-92. - Size of mains.

All water mains installed in the distribution system shall be at least six inches in size or larger at the discretion of the commissioner.

(Code 1968, § 47-78)

Sec. 45-93. - Use of water generally.

Use of water is confined to the premises named in the contract. No customer shall supply another not entitled to the use of water, or sell water supplied by the department, nor shall he use it for any purpose not mentioned in his application except by consent of the commissioner. Any person violating this provision shall be guilty of a misdemeanor and shall be punished by a fine of $100.00.

(Code 1968, § 47-79; Ord. No. 95-011(sub 1), § 2, 3-2-95)

Sec. 45-94. - Unauthorized opening or shutting off stop cocks, etc.

Only employees of the City of Wilmington, Department of Public Works or contractors retained by the City of Wilmington Department of Public Works are authorized to open or shut stop cocks, fire hydrants or water gates attached to the pipes or conduit. Any other person doing so shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine of $100.00. If during the unauthorized use of such appurtenances, the stop cock, hydrant or water gate is damaged, responsibility for repair or replacement shall be that of the owner of the property served or the contractor performing the work.

(Code 1968, § 47-80; Ord. No. 95-011(sub 1), § 2, 3-2-95; Ord. No. 09-039, § 6, 8-27-09)

Sec. 45-95. - Damaging, injury, etc., water supply or distribution facilities, etc.

Any person who breaks, injures or does any damage whatever to the pumps, pumphouse machinery, equipment or fixtures utilized in the department's distribution system; or who throws or puts any stones, filth or any foreign substance whatever into the basins or reservoirs, or who damages or injures the fencing and paling enclosing the same; or who breaks the earth in any of the streets, lanes or alleys of the city for the purpose of disturbing, moving or injuring the pipes or conduit, or obstructing the passage of water through the same, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500.00 and not less than $50.00, and shall pay the cost of repairs made necessary by reason of the damage done.

(Code 1968, § 47-81; Ord. No. 95-011(sub 1), § 2, 3-2-95)

Sec. 45-96. - Wasting water; leaks; repairing private pipe in public street or alley.

Any person who permits water to flow unnecessarily from any private pipe or fixtures thereof on his premises, or the premises occupied by him, either within or without a building or enclosure, or any street or alley, shall be guilty of a misdemeanor and shall be punished by a fine of $100.00. In all cases where several persons receive a supply of water by branches uniting with a private common pipe every person who may so receive the water shall be bound to keep such common pipe in repair, and in case of waste by leak therefrom shall be guilty of a misdemeanor and shall be punished by a fine of $100.00. If at any time it shall be necessary to repair a private pipe within the limits of any public street or alley, a permit shall be first obtained for so doing, and the expense of such repairing shall be paid by the person interested. Persons failing to obtain such a permit shall be guilty of a misdemeanor and shall be punished by a fine of $100.00.

(Code 1968, § 47-82; Ord. No. 95-011(sub 1), § 2, 3-2-95)

Sec. 45-97. - Provisions applicable upon department receiving information of evasion or violations.

Upon information being lodged with the department of the actual or probable evasion or violation of any of the provisions of this article, in any building, lot of ground or premises into or through which pipes for conducting a supply of city water may be laid, it shall be lawful for the commissioner, or his agent, to enter such building, lot of ground and premises, for the purpose of examining the pipes or conduits, and the cocks and fixtures thereof, and of ascertaining whether the same are in proper order and repair. If for want of such repair there shall be a waste of water, and the owner or occupier of such building or lot of ground or premises shall neglect or refuse upon notice being given by the commissioner or his agent to have the necessary repairs made forthwith, the commissioner, or his agent, are hereby authorized and empowered to shut off the water leading to such building, lot of ground or premises and any person who shall let on the water before the necessary repairs are made shall be guilty of a misdemeanor and shall be punished by a fine of $100.00. Any person who shall obstruct or oppose the commissioner or his agent in making such entry and examination shall be guilty of a misdemeanor and shall be punished by a fine of $100.00.

(Code 1968, § 47-83; Ord. No. 95-011(sub 1), § 2, 3-2-95)

Sec. 45-98. - New connections with certain private systems using water deemed subject to pollution.

No water service line to a building or a plant shall be connected in any manner to a private fire system, or a private system for manufacturing purposes, or for domestic purposes, supplied with raw water from a creek, stream, well or reservoir or any other source deemed subject to pollution.

(Code 1968, § 47-84)

Sec. 45-99. - Existing installations equipped with double check valve system.

Existing installations equipped with a double check valve system as previously approved and installed shall be maintained. The expense of maintaining the double check valve system shall be borne by the owner of the property. In case of failure to correct a faulty installation, after due notice from the commissioner, the city water supply to such premises shall be cut off. The department shall test the double check valves annually at the expense of the owner.

(Code 1968, § 47-85)

Sec. 45-100. - Right of department to reserve water, restrict use, etc.

The department shall have the right to reserve a sufficient supply of water at all times in its storage tanks and reservoirs, and to provide for fire and other emergencies, or may restrict or regulate the quantity of water used by a customer in case of scarcity, or whenever the public welfare may require it.

(Code 1968, § 47-86)

Sec. 45-101. - Private wells within city.

The use, maintenance, possession and construction of a private well within the boundaries of the city without the approval of the commissioner, who may in his discretion grant such approval, is prohibited. Every person violating this section shall be guilty of a misdemeanor and shall be punished by a fine of $100.00.

(Code 1968, § 47-87; Ord. No. 95-011(sub 1), § 2, 3-2-95)

Secs. 45-102—45-115. - Reserved.