Pinetop Lakeside Sanitary District
Rules and Regulations

The following definitions shall apply unless expressly stated otherwise:

1. 1. “Adjacent” – a parcel of property is deemed adjacent when any portion of the easement containing the sanitary sewer is contiguous with the parcel, or any extension of the parcel created by an easement for roadway or utilities.

2. “Allowable Base Density” – one EDU per connection.

3. “Annexation Fee” – a fee charged for annexation of real property to the District.

4. “Applicable Fees” – those fees which must be paid as a condition for the issuance of any permit, permission, approval, inspection, plan review, or other activity by the District; the amount of such fees being set forth in Exhibit A.

5. “Assessment Area” – any of the areas within the boundaries of the District.

6. “B.O.D.” – Biochemical Oxygen Demand – the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty (20) degrees centigrade, expressed in milligrams per liter.

7. “Board” – the Board of Directors of the Pinetop-Lakeside Sanitary District.

8. “Capacity” – the ability for conveyance and treatment of wastewater from the point of each service connection to disposal.

9. “Collection System” – a pipeline or conduit, pumping station, force main, or any other device or appurtenance used to collect and conduct wastewater to a central point for treatment or disposal.

10. “Connection Fee” – the initial sewer connection charge as set forth in this Resolution and shall apply to all connections to the collection system.

11. “Developer” – any individual, firm, corporation, or other legal entity improving property for commercial, residential, or industrial purposes.

12. “District” – the Pinetop-Lakeside Sanitary District.

13. “EDU” – equivalent dwelling unit, as further defined in Article V.

14. “Excess Density Fee” – the fee charged to connections with a density, or required capacity, greater than the allowable base density.

15. “Excessive Flows” – the flow rate of wastewater in a sanitary sewer which exceeds 100 gallons per person per day per EDU when coming from residential connections, or which exceeds the estimate of the normal flow rate determined by the District for nonresidential connections.

16. “Fixture Unit Value” – the unit value prescribed for plumbing fixtures as set forth in the Uniform Plumbing Code computed on the basis of the design capability of such fixtures to permit the flow of water or wastewater.

17. “Flow” – liquids and suspended solids of all types which are found in the collection system.

18. “Flow Rate” – the total volume of flow which would accumulate in twenty-four (24) hours. Flow rate shall be expressed in gallons per day.

19. “Garbage” – solid wastes from the preparation, cooking and dispensing of food and the handling, storage and sale of produce.

20. “Improvement District” – any Sewer Improvement District formed pursuant to article 2, Chapter 14, Title 48 Arizona Revised Statutes within the District.

21. “Industrial Waste” – all wastewater resulting from the process, trade, business or operational procedures of an industrial user.

22. “May” – permissive.

23. “MSW” – Municipal Solid Waste – any and all putrescible and non-putrescible solid and semi-solid waste, including garbage, refuse or rubbish resulting from residential and non-residential activities.

24. “Natural Outlet” – any outlet into a watercourse, ditch, or other body of surface or groundwater.

25. “pH” – the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

26. “Permit” – any written authorization required pursuant to this resolution, or any other regulations of the District for the installation or connection to the District collection system.

27. “Private Collection System” – a collection system, usually located on private property, installed for the sole benefit of a private development with a central point(s) of connection to the District’s collection systems.

28. “Properly Shredded Garbage” – garbage that has been shredded to a degree that all particles will be carried freely under the flow conditions prevailing in the collection system, with no particle greater that one-fourth (“1/4”) inch in any dimension.

29. “Proper District Authority” – the District Manager, his designee, or one charged with the responsibility of carrying out the objectives of the District as outlined by the Board.

30. “Public Sewer” – a sewer controlled by public authority.

31. “Responsible Party” – owner of property, as recorded with Navajo County, or person authorized by the owner of record to act on their behalf.

32. “Recyclable Material” – all material intended for reuse or recycling by PLSD and included material with high carbon content such as paper, cardboard, corrugated paper, newspaper, wallboard, food waste products, and other materials acceptable to the District.

33. “Residual Waste” – the waste which is not consumed or used in the Digester process.

34. “Sanitary Sewer” – a sewer that carries wastewater from residential, commercial, and industrial connections to which storm, surface, and ground waters are not intentionally admitted.

35. “Service Line” – the line, usually on private land, connecting a dwelling or unit to the District collection system.

36. “Sewer” – a pipe or conduit, either privately or publicly owned for carrying wastewater.

37. “Sewer Connection” – the connection to the public sewer to the property line at the easement, alley, or curb line of a street, whichever is applicable.

38. “Shall” – mandatory.

39. “Storm Sewer or Storm Drain” – a sewer which carries storm and surface water drainage, but excludes wastewater and polluted industrial waste.

40. “Suspended Solids” – solids that either float on the surface or are suspended in water, wastewater or other liquids, and which are removable by laboratory filtering.

41. “Treatment Facilities” – all facilities for the treatment and disposal of wastewater.

42. “UPC” – Uniform Plumbing Code.

43. “U.S.E.P.A.” – United States Environmental Protection Agency.

44. “User” – the owner of real property using or required to use the District’s sanitary sewer system.

45. “User Fee” – that charge made to the user of sanitary sewer services by the District to defray the costs of operation, maintenance, replacement, of the wastewater collection, treatment, or disposal systems of the District.

46. “Wastewater” – untreated wastes from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in places of human habitation, employment, or recreation, excluding industrial wastes.

47. “Watercourse” – a channel in which a flow of water occurs, either continually or intermittently.

Section 1. MANAGEMENT RESPONSIBILITIES

It shall be the responsibility of the Board of Directors to establish and adopt guidelines necessary to manage all matters pertaining to the collection, treatment, and disposal systems and all real and personal property of the District in conformity with all applicable federal, state, county, and local laws and regulations, and any other Resolutions of the District.

The Board shall employ a District Manager and grant to the Manager the authority for general supervision over the District’s wastewater systems, the real and personal property of the District, and the District employees, subject to the conditions of employment established between the Board of Directors and the District Manager.

Section 2. CONNECTION REQUIREMENTS

It shall be unlawful for any person to make any connection to the District’s wastewater systems unless such person has first made proper application for a permit to connect, has paid all applicable fees required by the District, and the application has been approved by the Proper District Authority. Further, all connections shall be made in compliance with the Rules & Regulations, or resolutions in effect, the Standard Specifications established and adopted by the District, and be subject to inspection and approval at the time of connection. A connection shall be deemed to have occurred when a lateral, tap, or extension from the main collection line is joined to a private collection system or service line. Each parcel must have a separate connection to the mainline.

Section 3. COMPULSORY CONNECTION

A. The construction, maintenance, or use of cesspools, septic tanks, or other means of wastewater disposal are hereby abated and declared unlawful when a parcel of property, improvement, building site, or proposed building site is covered by any of the following conditions:

1. When the site is in a new or proposed subdivision within the District;

2. When the site becomes adjacent to a sanitary sewer; however, the property owner shall have one year following the completion of the wastewater collection system to make the connection;

3. When the District, County, or State determines that a health hazard exists.

In those cases where a parcel is subject to compulsory connection, and the owners split or subdivide the parcel into two or more sub-parcels, it shall be the responsibility of the party initiating the split or subdivision to provide easements, appropriately located, so that the sub-parcels have access to the District wastewater systems as such sub-parcels are subject to compulsory connection.

B. The use of wastewater disposal systems referred to in Paragraph A must be abated within the time set forth except where a written extension has been granted by the District, upon application of the property owner for good cause as determined by the Proper District Authority.

C. Special conditions or hardship to the individual property owner, affecting the feasibility of connection to the system may be considered by the Board with respect to granting a time extension as set forth in Paragraph B, provided that said special conditions or hardships are not self-imposed by the property owner.

Section 4. FINANCIAL ASSISTANCE

A. Where the District has made connection to the collection system by residential dwelling units mandatory for any reason, the District shall receive and consider written application from individual lot or parcel owners for financial assistance. Financial assistance can be considered for connection fees, annexation fees, lateral fees, on-site construction of service lines, capacity fees, or assessments before the time any fee is due. Only applicants who own fewer than three parcels within the District will be eligible for assistance. Once a month, the Board will review all applications for financial assistance, consider the individual circumstances, and may, where appropriate, approve such request for assistance. The determination of the Board shall be final and conclusive.

B. Financial assistance recipients will provide the District with a Promissory Note, secured by a deed of Trust. Installment payments of the amount owing the District will be mandatory; term not in excess of ten (10) years; rate of interest set by the Board annually at the time of setting the District fees. In such cases of extreme hardship, appropriate alternative payment methods may be adopted.

Section 5. PRIVATE DISPOSAL – TREATMENT FACILITIES

A. When permitted: Where sanitary sewer is not available within the District, or in an area under the jurisdiction of the District, as described in Section 3A, a building service line shall be connected to a private wastewater disposal system, which complies with the all the rules and regulations of the Arizona Department of Environmental Quality. Such private systems shall be constructed, maintained, and operated in a sanitary manner.

B. In the event that a property installs an alternative, or private treatment facility, such treatment facilities must be approved by and comply with all the rules and regulations of Arizona Department of Environmental Quality, Navajo County, and the District. Further, the owner of such facilities must provide to the District satisfactory assurance in the form of an agreement, letter of credit, or performance bond that the facility will be properly operated and maintained.

C. Discontinuance: Once any of the conditions exists for a direct connection to the District’s collection system, any septic tank, cesspool, or private treatment facility shall be removed or abandoned and filled with suitable material as prescribed by the UPC and approved by the District.

Section 6. PROVISION OF SERVICE OUTSIDE DISTRICT

With the consent of the District, property located outside the District boundaries may be served by contract between the District and the owner of the property or improvements to be served, without such property being annexed to the District. Such contract shall provide the term of service, the conditions of service and the fees for such service. Fees for service shall be determined by the District and based on monthly sewer charges, ad valorem taxes and annexation fees.

The owner of the property shall provide sewer service including main line extension, if necessary, at their expense to their property. All sewer installation shall follow District Standard Specifications and these Rules and Regulations.

Section 7. AMMENDMENTS TO THE CODE

This code may be amended at any time by resolutions duly adopted by the Board, provided that notice of the same is duly given, as may be required by law.

Section 1. WATER OTHER THAN WASTEWATER PROHIBITED

A. No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water, water used for air cooling purposes, or unpolluted industrial process waters to any wastewater collection system. Failure to comply with this section will result in the District physically disconnecting any sewer service lines. Reconnection of sewer service line will require payment of fees set forth in Exhibit A and an inspection to verify changes to the service lines that will eliminate any future prohibited discharges.

B. Storm water and all other unpolluted drainage shall be discharged to such systems or drains as are specifically designated as such, or to a natural outlet approved by the District.

Section 2. PROHIBITED SUBSTANCES

Except as herein provided, no person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewer:

a) Any liquid or vapor having a temperature higher than 150 degrees F.

b) Any water or waste which may contain more than 100 parts per million (by weight) of fat, oil, or grease.

c) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids solids, or gas.

d) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow or other interference with the proper operations of the collection system.

e) Any garbage that has not been properly shredded.

f) Any water or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment facilities.

g) Any water or waste having a pH lower than 5.5, higher than 9.0, or having any other corrosive property capable of causing damage or hazard to personnel, structures, or equipment of the wastewater systems.

h) Any water or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the treatment facilities.

i) Any noxious or malodorous gas or substance capable of creating a public nuisance.

j) Any substance whose physical, chemical, or electrical properties might be such as to interfere with any phase of the operation of the treatment facilities.

k) Any waste from septic tanks or holding tanks unless authorized by the Proper District Authority.

Section 3. INTERCEPTOR AND GREASE TRAPS

A. Grease, oil, and sand traps, or interceptors, shall be required at all public premises where food is served, including, but not limited to restaurants, schools, commercial kitchens, cafeterias and boarding houses. All traps or interceptors shall be of a type and capacity specified by the UPC or an equivalent approved by the District. Traps or interceptors shall be located as to be accessible for cleaning and inspection. Owners of all public premises requiring a trap or interceptor shall permit a District representative to inspect the trap or interceptor during normal business hours, or at an agreed upon time.

B. Grease, oil, and sand traps, or interceptors, shall also be provided when, in the opinion of the Proper District Authority, they are necessary for the proper handling of wastewater containing, or exceeding limits of substances outlined in Section 2.

C. Where required, all traps or interceptors shall be installed and maintained by the owner or responsible party, at their expense, in a continuously efficient operation at all times.

Section 4. EXCESSIVE FLOWS

A. Flows from residential connections shall be deemed excessive when flow rates exceed the normal maximum flow rate of 100 gallons per person per connected dwelling unit per day. Flows from non-residential connections shall be deemed excessive when flow rates exceed the normal flow rate for that type of connection as set forth in Exhibit A.

B. All excessive flows shall be measured and recorded in a manner sufficient to establish the instantaneous and average flows for a period of two (2) hours or more. All flow amounts over the normal maximum shall be billed to the originator of the excessive flows at the rate of four (4) times the standard billing rate in effect at the time the determination of excessive flows is made.

C. When notified of the existence of excessive flows, the owner of the property or responsible party shall take corrective actions to reduce the flow rate and volume to non-excessive levels. Repairs and corrective action, as well as the schedule for completion, must be approved by the District. If the property owner or responsible party fails to adhere to the approved schedule, the District may terminate connections from where the excessive flows are emanating into the collection system.

D. If at any time the public health, safety, or welfare is threatened or injured because of excessive flows entering the system through a connection, the District may, without notice, terminate the connection.

Section 5. WASTEWATER REQUIRING SPECIAL TREATMENT OR HANDLING

A. In cases where the character of wastewater or industrial waste from any connection is such that it will damage the systems or cannot be treated satisfactorily in the treatment facilities, the District shall require such users to dispose of such waste and prevent it from entering the system.

B. In such cases where the character of wastewater or industrial waste from any connection is such that it imposes an unreasonable burden upon the collection or treatment systems, the District shall, if deemed advisable, require such connection to pretreat the wastewater in such a manner as described in this Section.

C. Discharging any waters or waste into the District collection or treatment systems of having:

1. a five (5) day BOD greater than two hundred fifty (250) parts per million (PPM) by weight; or

2. more than two hundred fifty (250) PPM by weight of suspended solids; or

3. any quantity or substances having the characteristics described in Section 2 of this Article; or

4. an average daily flow greater than two percent (2%) of the average daily flow of the District;
shall be subjected to the review and approval of the Proper District Authorities. Where deemed necessary by the Proper District Authorities, the owner shall provide, at their own expense, such preliminary treatment necessary to:

5. reduce the BOD to 250 PPM or less and the suspended solids to 250 PPM by weight or less; or

6. reduce the objectionable characteristics of constituents to within the maximum limits provided for in Section 2 of this Article; or
7. control the quantity and rate of discharge.

Where preliminary treatment is not feasible, as deemed by the Proper District Authorities, the user shall pay fees proportional to the strength of the wastewater discharged into the systems.

D. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Proper District Authorities and the Arizona Department of Environmental Quality. Construction of proposed preliminary treatment facilities shall not commence until approval is received in writing. All federal pretreatment regulations shall be enforced as applicable.

E. Prior to the connection of any manufacturing or industrial facilities to the District’s collection and treatment systems, the owner or responsible party will develop and enter into an agreement with the District encompassing an industrial cost recovery system that complies with the current U.S.E.P.A. regulations.

F. The owner or responsible party, at their own expense, shall insure that any preliminary treatment facilities are maintained continuously in satisfactory and effective operations.

Section 6. CONTROL MANHOLES, SAMPLING AND MEASURING

A. Where required by the District, the owner of any facilities service line carrying industrial waste shall install a suitable control manhole in the private collection system to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be located and constructed in accordance with plans approved by the Proper District Authorities. The manhole shall be installed by the owner at their expense and shall be maintained to be safe and accessible at all times.

B. All measurements, tests, and analyses of the characteristics of water and waste shall be determined by the Proper District Authorities, in accordance with “Standard Methods for the Examination of Water and Sewage”, and shall be determined at the control manhole provided for, or upon suitable samples taken at said manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole.

Section 7. SPECIAL ARRANGEMENTS

No statement contained in this Article shall be constructed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment.

Section 8. MAINTENANCE

A. All service lines must be maintained by the property owner or responsible party, to and including preventing or removing any blockage or obstruction of flows from the dwelling or unit to the mainline. Any maintenance that can be performed without excavating, removing, replacing or uncovering the service line may be performed without a permit from the District. In the event that it is necessary for the property owner or responsible party, to excavate, remove, uncover, alter, modify or change any portion of the service line, a permit must be obtained from the District. All fees prescribe, including any necessary inspection fees must be paid at the time the permit is issued by the District.

B. In the event the lateral from the mainline to the service line has been determined to be unusable due to defects, broken pipe, collapse or joint separation, it will be the responsibility of the District to implement repairs or replacement in a timely manner at no cost to the user.

Section 1. CONNECTION PROCEDURE

A. All owners, or responsible parties, of real property within the District required or desiring to connect to the District sanitary sewer may do so by making application upon such form as provided by the District. No connection shall be made to the District’s wastewater systems without a permit being issued, and payment of all applicable fees received, by the District.

B. Permits can only be issued for connection to wastewater collection systems approved and accepted by the District.

C. All permits for connection to the District’s wastewater systems shall be subject to the following general conditions:

1. Adequacy of Design. The responsibility for the adequacy of the design or the materials used shall rest solely with the permittee and the issuing of a permit shall not relieve him of the responsibility. The issuance of a permit shall not be construed as approval of the concept or construction details of the proposed facilities and shall not absolve the permittee or design engineer, if any, of their respective responsibilities.

2. Joint Construction and Operation Permits. Unless otherwise stated by special conditions, the issuance of this permit shall be a joint construction and operation permit provided that the permittee complies with all rules and regulations of the District.

3. Allowable Discharges. Discharges into the collection system constructed under this permit shall consist of wastewater only, unless specifically stated otherwise.

4. Construction Inspection. All materials and construction shall be inspected and approved by the District. No trenches shall be backfilled except as authorized by the District after having been properly inspected and approved.

5. Maintenance. The connections, private service lines, collection systems or facilities shall be properly maintained and operated at all times in accordance with all applicable requirements. It is understood that the responsibility for maintenance shall run as an obligation against the property served, as well as the owner or the operator of the facilities and said responsibility shall not be discharged nor in any way affected by change of ownership of said property.

6. Third Parties. This permit does not grant the right or authority to the permittee;

(a) to construct or encroach upon any lands of the District or of any other parties;

(b) to construct outside of the territorial boundaries of the District;

(c) to construct or encroach upon the territorial boundaries of any units of local government within the District.

7. Costs. It is expressly stipulated and clearly understood that the collection system or facilities for which the permit is issued shall be constructed, operated and maintained at no cost to the District.

8. Other Construction. The District reserves the right, privilege and authority to, in the District’s discretion, allow others to reconstruct, change, alter and replace all sewers and appurtenances thereto at the point of connection of any private sewer to a District sewer or in public rights-of-way or District easements, and to introduce additional flow through this connection into the wastewater systems of the District.

9. Change of Use. The owner or occupant of any building(s) served under this permit shall not cause, or permit, a change of use of the building to a use other than that indicated in this permit without first having obtained written permission from the District.

10. Sewers Overloading. The District serves notice that its collection systems may flow full and may surcharge, and flooding of the proposed system may occur. The permittee is put on notice that the proposed systems shall be constructed, operated and maintained at the sole risk of the permittee.

11. Nontransferable. This permit runs with the land and may not be assigned or transferred.

12. Expiration. This permit shall expire on the date shown on the face of the permit. Construction under an expired permit is deemed construction without permit. All construction under this permit shall be completed on or before the expiration date of the permit. If conditions so warrant, a new permit may be granted by the Proper District Authorities. There shall be no refund of any permit fees.

13. Revocation. In issuing this permit, the District has relied upon the statements and representations made by the permittee or their agent. Any incorrect statements or representations shall be cause for revocation of this permit, and all the rights of the permittee hereunder shall immediately become null and void.

14. Compliance with Plans and Specifications. All construction shall be in accordance with the plans and specification submitted for this permit and the Standard Specifications of the District. No changes in, or deviation from the plans and specifications which affect capacity, maintenance, design requirements, service area or permit requirements shall be permitted unless revised plans have been submitted to, and approved by the District. The permit, together with the current and correct set of the plans and specifications, shall be kept on the job site at all times during construction until final inspection and approval by the District.

15. Testing and Approval. All construction under this permit shall be subject to inspection, testing and approval by the District. Upon satisfactory completion of construction, the permittee and the owner shall submit, or cause to be submitted a request for approval on the form prescribed by the District. No connections or other facilities shall be put in service until all the conditions of the permit have been satisfactorily met.

16. Compliance with Rules and Regulations. The permittee is responsible for meeting the requirements of all applicable rules, regulations, ordinances and laws of local, state and federal authorities. Issuance of this permit shall not constitute a waiver of any applicable requirements.

17. Rights upon expiration or termination. The permittee agrees that immediately upon receipt of written notice of termination of the permit for any reason, it will stop all operations, discontinue any discharges and disconnect the collection systems or facilities constructed under this permit. If the permittee fails to do so, the District shall have the right to disconnect said system. The permittee hereby agrees to pay for any costs incurred by the District for said disconnections. The various rights and remedies of the District contained in the permit shall be construed as cumulative, and no one of them shall be construed as exclusive of any one or more of the others or exclusive of any other rights or remedies allowed by applicable rules, regulations, ordinances and laws. An election by the District to enforce any one or more of its rights or remedies shall not be construed as a waiver of the rights of the District to pursue any other rights or remedies provided under the terms and provisions of this permit or under any applicable rules, regulations, ordinances or laws.

Section 2. MAIN LINE EXTENSIONS

A. The District has the right to construct all lines within the District. A property owner, who desires to construct such main lines prior to the construction by the District, may do so at their sole expense and in compliance with the following:

1. Plan submittal and review – After initial discussion, preliminary plans must be submitted to determine the scope and area to be served by the line extension, point of connection to existing service, determined capacity, and potential for expansion.

2. Fees and Documentation – All fees, preliminary approval, and signed agreement must be received before start of construction or submittal to the Arizona Department of Environmental Quality.

3. Completion – All pipe, manholes, lift stations, and appurtenance must be installed according to District specifications, approved plans, and subject to inspection by a District representative. As-built drawings, copies of test results, Deed of Sewer System, easement documents, copy of ADEQ permit, and final payment of all fees must be received before the District will accept main line extensions.

B. Any exceptions to this section will need to be reviewed by the District Manager and the Board of Directors for an approval if there is any cost sharing of a Main Line Extension.

Section 1. ESTABLISHMENT OF FEES

All fees are to be in such classifications and amounts as annually approved by the Board of Directors at a public hearing conducted pursuant to Arizona Revised Statutes.

Section 2. EXCESS DENSITY FEE (CAPACITY)

A. The purpose of excess density fees is to provide funds for the District to develop and expand the wastewater collection, treatment and disposal facilities necessary to accommodate the demands for service of the community.

B. For purposes of calculating the excess density fee, an EDU shall be defined in paragraph K.

C. All property owners in the District having previously paid connection fees based on the square footage of the property are deemed to have the ability to connect to the District wastewater systems, improvements producing wastewater equivalent to 2.2 EDU’s per acre.

D. All property owners in the District having paid the per unit connection fee are deemed to have the ability to connect to the District wastewater systems, improvement producing wastewater equivalent to 1 EDU per connection.

E. Any property owner who wishes to connect improvements which exceed the allowable base density shall submit plans and specifications to the District and submit payment, as set forth in the current schedule of rates and fees for each EDU or portion of, in excess of the allowable base density, and any amount determined by the District necessary to pay for additional collection capacity to that property.

F. Excess density fees that have been expended or committed to accommodate the proposed use of the property shall not be refunded to a property owner due to a subsequent change in use of the property resulting in a decrease in the amount of EDU’s on the property.

G. The excess density fee shall apply to all property within the District, whether in a sewer improvement district or not, whether adjacent or not, in the vicinity of sanitary sewer or not, and whether the owner of said property has heretofore paid any assessment or connection fees. Service is deemed available to a parcel of property commencing at the time of the initiation of the planning of the construction of a collection system within such area. At the initiation of the planning, all property owners will be notified by mail at the address for the property owner maintained by the Navajo County Assessor of a collection system to which they must connect the improvements upon their property.

H. The District shall cooperate with Navajo County and the Town of Pinetop-Lakeside in reviewing and monitoring building permits for alterations to existing structure to determine any changes in the number of EDU’s connected to the District systems.

I. If the District determines that a development will contribute flow to the wastewater systems that is in excess of the design capacity of the system or that it will require a disproportionate percentage of the remaining capacity of the system, the owner shall pay to the District the cost of additional system capacity. With the District’s approval, the owner may, at their own expense, construct a new collection system to a point where the interceptor has the design capacity to handle the additional flow attributable to the proposed development. Payment must be made prior to the District issuing an “Agreement to Provide Service” or at the time of issuing a connection permit, whichever first occurs. To determine whether the owner must pay for additional collection system capacity, the District may consider the following factors:
1. The amount of flow contributed by the proposed development that is attributable to EDU’s greater than the allowable base density.

2. The capacity of the system at the point of connection.

3. The existence of other property, which may potentially connect to the system at the same point and upstream locations, and the potential flows if that property were developed at the allowable base density.

4. The most reasonable and economic method for the District to manage wastewater flows with respect to the actual connections and potential connections of the other property in the vicinity of the proposed development.

J. Any person desiring to increase the number of EDU’s, or change their use of the property which contains improvements existing on the date of the adoption of these Rules & Regulations or thereafter, whether connected or not, shall submit to the District at the time of applying for a permit the following information:

1. The size and location of the parcel or property.

2. Sufficient information so that the District may determine the number of existing EDU’s.

3. The proposed changes.

4. Preliminary and final plans for the development of the property.

K. The Proper District Authorities shall use the water service meter size for purposes of calculating equivalent dwelling units (EDU’s). Water meter size up to 3/4” will be equal to one EDU.

Section 3. CONNECTION FEES

A. Revenue generated from the Connection Fee shall be used to construct additional conveyance and treatment capacity in the District’s wastewater collection and treatment systems, or the repair or replacement of the existing main lines as and when designated by the Proper District Authority. When said monies are not being expended for this purpose, they are to be invested or spent at the direction of the Proper District Authority.

B. Except for parcels of property within a Sewer Improvement District, which have been assessed an amount greater than one dollar ($1.00), the connection fee to be paid to the District for all new connections to the District wastewater systems are to be determined in accordance with the formula set forth in Exhibit B. Connection fees must be paid prior to the issuance of a sewer permit.

C. There are two different classifications of connections:

1. Main Line Connection – any single connection to an adjacent main line,

2. Developer Connection – Developer Connection – to be applied to any development not defined as a main line connection, which is constructed per District guidelines and specifications and for which the District will assume ownership.

D. In addition to the Developer Connection fee, the connection fee for a developer of any new subdivision, business, or industrial development shall also include all legal, engineering, and other costs that are directly attributable to the connection of the collection system constructed by the Developer to the District sewer system. The additional cost attributable to the connection of the development to the District’s sewer shall not be waived or reduced except by a majority vote of the Board of Directors.

Section 4. LATERAL FEES

A. A lateral is defined as the portion of the District’s collection system lying within an easement or road right-of-way that provides a means for transporting wastewater from a private service line to a main line sewer. Every effort is made to terminate laterals at the property line of a parcel.

B. In addition to a connection fee, a dwelling or unit desiring to connect to the District collections systems shall be charged a lateral fee as set forth in Exhibit A.

C. At the time a written request is received to construct the lateral, the property owner or responsible party, shall submit to the District a down payment equal to or greater than the minimum lateral fee as set forth in Exhibit A. Upon completion of the lateral construction, the property owner or responsible party will be invoiced for the difference between the time and material cost, minus the down payment. In no case shall the total cost be less than the minimum lateral fee. Final payment shall be due within 30 days from the date of the invoice.

Section 5. TAP FEES

A. In lieu of the District constructing a lateral on a time and material basis, it may be beneficial (financially and/or scheduling) for the property owner to construct their own lateral. In these cases, a tap fee will be charged as set forth in Exhibit A.

B. The property owner will make arrangements with a properly licensed contractor, authorized to work within a public right-of-way, public utility easement, etc., to excavate and expose the main line, and install the appropriate fittings and adapters for the new lateral. The District will provide the fittings and adapters identified in the Standard Specifications. The District Inspector must be present during installation to insure the proper usage and installation of the fittings and adapters. Once the tap is completed, the connection inspected and approved by the District Inspector, the contractor wills properly backfill the areas excavated and continue construction of the remainder of the lateral and service line.

C. All work must be performed in accordance with the District’s Standard Specifications, local, county, state, and federal requirements. The property owner will assume all responsibility for any damages, and subsequent repairs to the main line during excavation, installation, construction, and backfill.

Section 6. MONTHLY SEWER CHARGES

A. The current user fees to be charged to service locations within the District shall be as set forth in Exhibit A. User fees will be established to reflect the proportional shares of the cost of the operation, maintenance, repair and replacement of the wastewater collection, treatment and effluent disposal systems and may be expended for any purpose as approved by the Proper District Authority.

B. In lieu of the user fees as defined in Exhibit A, an owner or responsible party of any of those places so defined may install and maintain at their own expense, in a control manhole, a suitable wastewater-measuring device. The user shall then pay the cost per gallon for treatment set forth in Exhibit A.

(1) Failure to maintain the measuring device in efficient operating condition will constitute authority for the District to bill the customer according to their category of user as set forth in Exhibit A.

C. If the District finds that it is not practicable to measure such waste by meters, the waste shall be determined in any manner or method as may be found practicable, in order to arrive at the quantity of water entering the system upon which the user fee per gallon shall be levied. Charges for quantities so determined will be made at a current rate set forth in Exhibit A attached hereto.

D. The rate shall be based on four components:

1. Treatment cost per milligram of bio-chemical oxygen demand
(Total B.O.D. cost = B.O.D. cost per mg.)

2. Treatment cost per milligram of suspended solids
(Total S.S. cost = S.S. cost per mg.)

3. Collection cost per thousand gallons of wastewater
(Total flow cost = Cost per gallon)

4. Administration cost per account
(Total administration cost number of accounts = Administrative cost per account)

The rate formula is equal to the B.O.D. cost/mg + S.S. cost/mg. + flow cost/gallon x the user’s contribution + administrative cost per account.

E. Calculations showing the results of this formula and the rates determined by it are shown in Exhibit A attached.

F. The above formula is used to determine the basic rate for all residential and commercial users. The rate per 1000 gallons will vary due to the B.O.D. and S.S. loading contributed by each user class. The B.O.D. and S.S. values used to calculate the basic rate for each class of user are from a table of average values compiled by the Arizona Department of Environmental Quality.

G. The monthly user fee is determined by multiplying the rate per 1000 gallons as calculated above by the volume of wastewater contributed by each user. When water consumption records are not available for use in calculating user fees, the average water use for the class shall be applied. Large volume users shall be metered through special arrangements with the water company supplying water service or through installation of a special meter by the user.

H. In the absence of metered water data for residential dwellings the District has opted to apply monthly user fees for all residential dwellings. The monthly fee is based on average monthly water consumption of 5575 gallons, including infiltration and inflow, per residential dwelling unit. The monthly user fee is computed by multiplying the rate per one thousand gallons by the gallons used in thousands.

Section 7. OWNER’S RESPONSlBILITY FOR PAYMENT OF SEWER USER FEES

The owner of real property shall be solely responsible to the District for all user fees associated with service provided to property. No lease or other assignment of the owner’s rights or interest in the real property shall change this responsibility of the owner for payment of user fees. As an accommodation to a property owner who rents or leases property, the District will send bills for user fees to the owner in care of another person.

All user fees shall be due and payable fifteen (15) days following billing. User fees will be deemed delinquent if unpaid sixty (60) days after due date, and subject to collection fees as set forth in Exhibit A.

Section 8. TRANSFER OF PROPERTY (revised 09-09-09, Resolution 2009-11)

A. When there is a transfer of property ownership on a connected user, it is the responsibility of the new owner to contact the District and provide the account information as deemed necessary by the District. Transfer of the sewer user account will not be made until transfer of property ownership has been verified with the Navajo County Assessor’s office. There will be a transfer fee applied to the new property owner as set forth in Exhibit A.

B. Use of the service lateral will be granted to the new property owner(s) after verification with the District that all outstanding fees and/or charges associated with the existing service lateral, and/or connection fees, have been paid.

C. For requests for transfer of ownership of property on which the District has any outstanding Covenant, or Promissory Note and Deed of Trust pursuant to Article II, Section 4, where such note and deed of trust are changed in position, extinguished by a trustee sale or otherwise modified, use of the existing service lateral is prohibited until the full amount remaining on any Covenant or Promissory note is paid in full.

Section 9. COLLECTION PROCEDURES AND DISCONNECTS FOR DELINQUENCY

If any user fees, availability fees, transfer fees, or collection fees are unpaid sixty (60) days or more; or if any lateral fees, inspection fees, or other charges are unpaid one hundred eighty (180) days or more after the due date, the District may serve written notice upon the owner, served personally or by mailing to the billing address. If said delinquency is not corrected by payment in full, or by other methods acceptable to the District within fifteen (15) calendar days from the date of the notice, the District may disconnect the private service line of the user from the collection system, or engage in collection proceedings as may be appropriate, including foreclosure or litigation. Any and all costs of collection, including reasonable attorney’s fees, shall be added to the amount due.

The District will report all physical disconnection to the appropriate department(s) of Navajo County.

Section 10. PHYSICAL DISCONNECTION FEE

A. Physical Disconnection Fee – Whenever the District shall have physically disconnected any service line for nonpayment of fees or charges, the property shall not be reconnected to the wastewater system until all delinquent fees are paid in full, together with a physical disconnection fee as set forth in Exhibit A. In addition to the physical disconnection fee, the District may require a deposit to cover future user fees in an amount not to exceed one year’s estimated fees before the property is reconnected. All labor, material and equipment costs incurred to disconnection and reconnect shall be billed to the owner in addition to the physical disconnection fee.

B. A parcel of property, which is physically disconnected from the sewer system by direct or indirect action, contract or order by the District, shall be charged a physical disconnection fee as set forth in Exhibit A of the rules and regulations.

Section 11. ANNEXATION AND DEANNEXATION FEES

A. All annexations of property to the District shall be accomplished in accordance with Arizona Revised Statutes Section 48-262 or Section 48-2002, if noncontiguous, and the established procedures of the District. All property subject to the annexation shall pay annexation fees as set forth in Exhibit A, in addition to any costs directly attributable to the proposed annexation.

B. All de-annexations of property from the District shall be accomplished in accordance with Arizona Revised Statutes Section 48-262. The property owner shall pay any costs directly attributable to the proposed de-annexation.

Section 12. DEVELOPERS’ PLAN REVIEW AND INSPECTION FEES

Before any plans for new main line extensions, or collection systems are approved by the District, the applicant must pay the plan review and inspection fees as set forth in Exhibit A. Separate plan review and inspection fee for each project will be based upon an engineer’s estimate of the cost of construction.

Section 13. AVAILABILITY FEE

Whenever a parcel of property containing improvements, which are required by the rules and regulations of the District to be connected to the wastewater collection system, remains unconnected after the due date for connection, said parcel of property shall be charged a monthly availability fee as set forth in Exhibit A.

Section 14. SUSPENSION OF SERVICE FEE

In that a property owner requests that the District suspend user fees, the property owner shall pay to the District a suspension fee as set for in Exhibit A. The property owner requesting the suspension shall provide the District with adequate evidence from the water company serving the property that the water service has been disconnected or otherwise terminated. If the property is provided water service from a private well, spring, or seep the property owner shall present evidence that the well has been capped, the pump removed or service has been adequately interrupted to insure no water is flowing into the improvements. If the property owner reconnects the water service and fails to notify the District that they are commencing to use their sewer service, the user shall pay a penalty fee in the amount equal to the suspended user fees.

Section 1. PROTECTION OF DISTRICT PROPERTY

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the District wastewater systems.

Section 2. USE OF DISTRICT FUNDS

Funds of the District may be used for the construction of sewers:

a) when District funds are available;

b) to service the greatest number of occupied dwellings within the District;

c) where additional sewer diameter is required;

d) when it is necessary to extend sewers to areas of existing habitation.

Section 3. EASEMENTS

A. All property owners desiring the connection of the improvements on their property to the sewer system of the District shall grant to the District those easements necessary to properly effectuate the connection desired.

B. If a property owner splits or alienates only a portion of his parcel of property, such property owner must provide the necessary easements to provide service to all parcels of property created by the land division.

C. All easements granted to the District shall be subject to the following restrictions and conditions of use:

1. No person, firm or corporation having charge of property subject to easement in favor of District, shall hereafter construct, build, or establish a building upon the property subject to said easement. A building means a house, commercial building, industrial building, or any structure of a size or construction that the moving thereof would cause great inconvenience to any person.

2. Should the owner of the property subject to an easement in favor of the District construct a building thereon, in violation of this Resolution, District, may employ individuals to clear said property, and charge the costs of the same to the owner of the property. Nothing contained herein shall obligate the District to compensate the owner of the property subject to the easement for the value of a “building” cleared. The District may take those steps as are required to work in the easement and preserve the improvement, rather than clear the improvements.

3. No person shall excavate upon the property subject to the easement in favor of the District without having first obtained permission as herein required. Such permission shall be granted by the Proper District Authorities. Applications for permission to excavate upon property subject to easement in favor of the District shall be made in writing to the District and shall state specifically the size of the space intended to be excavated, and the purpose for the excavation.

4. No person shall plant any trees or shrubbery upon the property subject to the easement in favor of the District without having secured permission. Application for such permission shall be made to the District. All trees and shrubs so planted shall be placed subject to the direction and approval of the District. No boulders, benches or fences shall be built or maintained upon the property subject to the easement in favor of the District, unless approved by the District.

5. In the event any improvements are constructed within the boundaries of the easement and these create additional costs to the District because it must incur additional expenses to repair, install or replace its sewers, the property owner shall be charged all additional costs incurred.

Section 4. CONSTRUCTION SPECIFICATION

All laterals, service lines or other connections, which adjoin or connect into any portion of the District wastewater system, shall be constructed in accordance with the Standard Specifications of the District and the UPC. All service lines or other connections to the wastewater system shall contain back flow prevention devices or check valves to reduce the possibility of wastewater backing up into the lateral or connection.

Section 5. EFFECTIVE DATE

The fees fixed by this Resolution shall become effective as of the day of the adoption of this resolution, or the date of adoption of such fees.

Section 6. VALIDITY OF REGULATION

If any article, section, paragraph, subdivision, clause, or phrase of this regulation shall for any reason be held illegal or unenforceable such decision shall not affect the validity of the remaining portions of this regulation. The Board hereby declares that the District would have adopted this regulation and each and every other section, paragraph, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this regulation may be held illegal, invalid or unenforceable.

Section 7. SPECIAL AGREEMENTS

The provisions of these rules and regulations, Section 204(b)(1)(A) of the Clean Water Act and Arizona Revised Statute Section 48-2027, shall take priority over the terms and conditions or any preexisting agreements when found to be in conflict regarding the levy, application and collection of user fees.

Section 8. FINANCIAL_MANAGEMENT SYSTEM

The District shall account for all user fee revenues in a separate revenue account. All operations and maintenance and replacement part expenditures shall be accounted for in separate expense accounts. These revenue and expense accounts shall be maintained in the central accounting records of the District.

Section 9. NOTIFICATION OF USERS

Prior to the beginning of the fiscal year, the District shall prepare and make available, a notice to all users that states the rate and the budgeted amount of the user fee to be spent on collection, treatment and administration expenses.

Section 10. WASTEWATER TREATMENT BY-PRODUCTS

The District may market re-claimed water and other treatment by products in a manner consistent with the best interests of the District. Revenues received from the sale of by-products shall be used to offset the costs of operations and maintenance and user fees to all users. Total annual revenues received shall be included in the budget for the fiscal year following receipt unless included in the current year’s budget for operations and maintenance.

Section 11. REQUEST FOR SEPTIC OR ALTERNATIVE SYSTEMS

All release requests for septic or alternative systems must be made in writing, by the owner or responsible party, stating the reason for the request. Release requests will not be considered until the Proper District Authority has ample time to thoroughly research each request and determine if there are mitigating circumstances to justify granting a release. Where applicable, requests by the District for easements deemed necessary for further sewer expansion must be granted before a release will be issued.

Section 12. PENALTIES

Any person, firm, or corporation violating any of the provisions of this regulation shall become liable to the District for any expense, loss, or damage occasioned the District by reason of such violation. Further the District may, pursuant to Arizona Revised Statutes Section 48-2031, prosecute any violation of these rules and regulations as a class 2 misdemeanor. Each and every day such violation continues shall be deemed and considered a separate offense.

The District hereby indemnifies and holds harmless, and agrees to defend, the individual members of the Board from any and all claims, causes of action, or liabilities arising out of their actions, or non actions, as members of the Board.