ORDINANCE NO. BL2015-1213

An ordinance amending Title 15 the Metropolitan Code pertaining to abandoned water and/or sewer connections, irrigation meter ownership and tap fees.

WHEREAS, an existing water and/or sewer service that is no longer active provides a risk of infiltration to the Metropolitan Department of Water and Sewerage Services (“MWS”) sanitary sewer infrastructure and potential for contamination of public drinking water system; and,

WHEREAS, Title 15 of the Metropolitan Code does not require that unused water and sewer connections be capped by developers and/or property owners; and,

WHEREAS, such requirement is needed to ensure the health and safety of the citizens of Nashville and Davidson County; and

WHEREAS, Title 15 of the Metropolitan Code directs customers of MWS to purchase and install irrigation meters and maintain, repair and replace irrigation meters, if needed, and;

WHEREAS, MWS desires to assume ownership of irrigation meters installed in the right of way to assure irrigation meters are adequately measuring flow and to assure accurate customer billing, and;

WHEREAS, Title 15 of the Metropolitan Code exempts vacant lots previously connected to the MWS sanity sewer system for which service has been discontinued where service is reconnected within one year with the property being used for the same or similar purpose and the service line is equal to or small than the prior connection from tapping and connecting fees, and;

WHEREAS, MWS desires to assure customers are not being charged for existing taps, regardless of the length of time the lot was vacant.

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

Section 1. That Title 15, Section 15.12.040 shall be amended by deleting it in its entirety and replacing it with the following:

“It is unlawful for any person to make any tap or connection with any water main or sanitary sewer, or with any pipes connected with any water main or sanitary sewer, or with the waterworks plant or the wastewater treatment plant belonging to the metropolitan government, without first obtaining a written permit from the department. Developers and/or property owners will be responsible for completing the cut and cap process for all unneeded water and sewer connections in the right of way or easement including residential, irrigation and commercial services at the time the property is redeveloped. The Director of MWS, or his designee, will review and inspect the field capping process to ensure compliance with this provision.”

Section 2. That Title 15, Section 15.16.200, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

“This Section shall apply to meters with a direct service line from the main used for the purpose of measuring flow of water intended for human consumption (domestic meters) and irrigation service but not meters used for fire suppression, cooling towers, deduction or any other purposes. The Department will own and maintain the portion of the water service line within the domestic or irrigation meter box as well as the meter, meter box and any fittings within the meter boxes. The portion of the water service line from the public main to the domestic/irrigation meter box shall be owned and maintained by the department where such meter is located within or at the public right of way. If the meter is located in any other location outside the public right of way, the department will only own and maintain the portion of water service line inside the right of way with the remainder of service line owned and maintained by the property owner.”

Section 3. That Title 15, Sections 15.36.050, Subsection C shall be amended by deleting it in its entirety. Lettering shall be adjusted accordingly.

Sponsored by: Bill Pridemore, Anthony Davis

Amendment No. 1
To
Ordinance No. BL2015-1213

Madam President:

I move to amend Ordinance No. BL2015-1213 by deleting Section 3 thereof in its entirety and replacing it with the following:
“That Title 15, Section 15.36.050, Subsection C, shall be amended by deleting the phrase “within one year.”

I further move to amend Ordinance No. BL2015-1213 by adding Section 4 and the following sentence:

“This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.”

Sponsored by: Bill Pridemore

LEGISLATIVE HISTORY
Introduced:	June 16, 2015
Passed First Reading:	June 16, 2015
Referred to:	Budget & Finance Committee Public Works Committee
Amended:	July 7, 2015
Passed Second Reading:	July 7, 2015
Passed Third Reading:	July 21, 2015
Approved:	July 22, 2015
By:

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