An ordinance amending Title 15 of the Metropolitan Code of Laws as specifically described herein.

WHEREAS, the addition of certain definitions set forth herein to Chapter 4 of Title 15 of the Metropolitan Code of Laws will clarify responsibility for maintenance of public and private water and sewer lines; and

WHEREAS, certain changes set forth herein to Chapters 16 and 40 of Title 15 of the Metropolitan Code of Laws will enable the Department of Water and Sewerage Services to provide better service to its customers.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1: The following definitions shall be added as appropriately numbered sections of Chapter 4 of Title 15 of the Metropolitan Code of Laws:

DEFINITIONS

"Connection" means a pipe's physical attachment to a public main. A connection also may be referred to as a "tap".
"Meter" means a device used for measuring water or sewage flow.
"Meter box" - means a housing for meters, typically underground.
"Public Main" means any of the various pipes for conveying water or sewage owned, managed and maintained by Department of Water and Sewerage Services.
"Sewer Service Line" means a pipe intended to carry sewage flow that connects to the public sewer main and extends to the building(s) served. A sewer service line may be inside the public right-of-way or in an easement prior to extension onto private property.
"Water Service Line" means a pipe intended to carry potable water flow that connects to the public main and extends to the building(s) served. A water service line may be inside the public right-of-way or in an easement prior to extension onto private property.

SECTION 2: The existing Section 15.16.130 is hereby replaced in its entirety with the following:

15.16.130 Connections--By Department--Permission required when.

All connections to water mains shall be made by the Department unless permission is granted by the Department in conjunction with contracts for lay-and-deed projects or Department's capital projects. All connections are to be made in accordance with the current construction specifications of the Department.

SECTION 3: The existing Section 15.16.140 is hereby replaced in its entirety with the following:

15.16.140 Service line installations-Permitting.

Guidelines for requesting water and/or sewer service shall be made available for review in the Department's Permits and Engineering Offices.

SECTION 4: The existing Section 15.16.160 is hereby replaced in its entirety with the following:

15.16.160 Service pipes--Ditch regulations.

Service lines must be constructed in accordance with the Department's current construction specifications and details. Guidelines for constructing water and/or sewer service lines are shall be made available for review in the Department's Permits Office and Engineering Offices.

SECTION 5: The existing Section 15.16.170 is hereby repealed in its entirety and replaced with the following, to appear as an appropriately numbered new section in Chapter 40 of Title 15:

Service connections across private property.

All sewer connections and extended service lines must either be through the public right-of-way to the property served or through Metro Government controlled utility easements to the property served.

SECTION 6: The existing Section 15.16.180 is hereby replaced in its entirety with the following:

15.16.180 Reconnection to newly laid mains.

When existing public water mains are replaced or rehabilitated by the Department, the Department shall also reconnect and/or may replace any existing service line at the main and up to including the meter box.

SECTION 7: The existing Section 15.16.190 is hereby replaced in its entirety with the following:

15.16.190 Proper connections required for water service.

Any property that discharges sewage to the public sewage system must also have a potable water connection to the public water supply unless otherwise approved by the Director.

SECTION 8: The existing Section 15.16.200 is hereby replaced in its entirety with the following:

15.16.200 Maintenance of service connection--Owner's and Department's responsibility.

A. The Department will own and maintain the portion of the water service line to and including the water meter, meter box and any fittings inside the meter box.
B. The property owner will own, maintain and operate the portion of water service from the meter box to the structure served. The property owner also will own, maintain and operate all required backflow prevention and pressure reducing devices on the customer side of the meter.

SECTION 9: The existing Section 15.16.210 is hereby replaced in its entirety with the following:

15.16.210 Continuance of service--Proper maintenance of service pipes required.

After the initial service shall have been established, all future supplying of water or sewerage services or future renewals of service shall be contingent upon the owner's maintaining his service lines at his own expense in a condition that is in compliance with the regulations and rules of the Department. Failure to comply with this requirement shall result in the disconnection of water service.

SECTION 10: The existing Section 15.16.220 is hereby:

15.16.220 Failure to make timely repairs--Discontinuance of service.

Should a consumer or customer fail to repair his service line within the prescribed time when notified by the Department that repairs are needed, the Department may shut off the water and recover any related expense incurred. Service will not be reinstated until such time as corrective action has been taken to the satisfaction of the Department and all related expenses have been paid.

SECTION 11: The existing Section 15.16.230 is hereby replaced in its entirety with the following:

15.16.230 Regulation and enforcement--Authority of director.

The director is authorized and directed to promulgate and enforce such rules and regulations as he may deem necessary for the enforcement of this chapter and for the safe, economical and efficient management, control and protection of the government's public water system

SECTION 12: The existing Section 15.40.020 is hereby replaced in its entirety with the following:

15.40.020 Regulation and enforcement--Authority of director.
The director is authorized and directed to promulgate and enforce such rules and regulations as he may deem necessary for the enforcement of this chapter and for the safe, economical and efficient management, control and protection of the government's public sanitary sewerage system.

SECTION 13: The existing Section 15.40.030 is hereby repealed in its entirety.

SECTION 14: The existing Section 15.40.040 is hereby replaced in its entirety with the following:

15.40.040 Connection required

Any persons owning improved parcels contiguous to public rights-of-way and/or public utility easements containing public sanitary sewers shall make connection to the public infrastructure in accordance with the Department's current specifications and Sewer Acceptability Policy. This must be accomplished within sixty (60) days of being notified by the Department to do so unless otherwise notified by the Director. Any required fees and service charges will be billed on the next billing cycle. This schedule may be shortened if an existing condition is a threat to public health and safety. (Prior code § 40-1-176)

SECTION 15: The existing Section 15.40.050 is hereby replaced in its entirety with the following:
15.40.050 Maintenance of service connection--Owner's and Department's responsibility.
A. The Owner will own and maintain his sewer service line from the public sewer main to the structure served.
B. If the Owner experiences sewer service interruption as a result of a sewer service line failure and has demonstrated a good faith effort to remedy the problem, the Department shall make any necessary repair on the portion of sewer service line inside the public right-of-way or easement from the main to the boundary of right-of-way or easement. Provided, however, that before the Department will make such repairs, the Owner must provide an excavated clear and open access to the sewer service line at the right-of-way or easement boundary. Residential customers will not be billed for any repair performed by the Department under this Section. Commercial customers shall pay all costs of repair incurred by the Department under this Section and such costs shall be billed on the customer's next bill.

SECTION 16: The existing Section 15.40.060 is hereby repealed in its entirety:

SECTION 17: The existing Section 15.40.070 is hereby replaced in its entirety with the following:

15.40.70 Unserved parcels.

Improved parcels outside the service area of the Department are required to the rules and regulations of the Metropolitan Department of Health pertaining to the disposal of sewage.

SECTION 18: The existing Section 15.40.080 is hereby replaced in its entirety with the following:

15.40.080 Discharge of garbage prohibited.

All discharge to the public sanitary sewer system shall be in accordance with the rules and regulations of the Department.

SECTION 19: The existing Section 15.40.110 is hereby replaced in its entirety with the following:

15.40.110 Stormwater--Discharge to combined sewers or natural watercourses.

Discharge of stormwater runoff shall be in compliance with the Department's current version of its Stormwater Management Manual, which shall be made available for review in the Department's Stormwater Office.

SECTION 20: That this ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government requiring it.

Sponsored by: Mike Jameson, Feller Brown

Amendment No. 1
To
Ordinance No. BL2006-1239

Mr. President:

I move to amend Ordinance No. BL2006-1239 by amending Section 12 by adding the following provision at the end thereof:

"The director of the metropolitan public health department may require connection to the public sewerage system in accordance with this chapter when public health concerns are identified."

Sponsored by: Mike Jameson

LEGISLATIVE HISTORY
Introduced:	October 17, 2006
Passed First Reading:	October 17, 2006
Referred to:	Public Works Committee
Amended:	November 21, 2006
Passed Second Reading:	November 21, 2006
Passed Third Reading:	December 5, 2006
Approved:	December 11, 2006
By: