ORDINANCE NO. 2022-01
An emergency ordinance of the City Council of the City of Boulder, Montana to ensure water usage conservation is observed and water capacity is not compromised
WHEREAS, in August 2020, the State of Montana Department of Environmental Quality (MDEQ) notified the City of Boulder that water quality monitoring on one of the City’s primary municipal water wells (Well #3), indicated that the well was ground water under the direct influence of surface water and included a directive requiring the City to provide public notice and take steps to provide filtration and disinfection treatment of the well; or, use other alternatives/improvements to meet current and anticipated future regulatory requirements; and,
WHEREAS, in response to the notification from the State of Montana Department of Environmental Quality, in September 2020, the City of Boulder published notice in the Boulder Monitor alerting residents that the City’s water source had been determined to be under the influence of surface water; and,
WHEREAS, in response to the directive, the City of Boulder contracted MorrisonMaierle, Inc. to prepare a Preliminary Engineering Report (PER), to assess options for addressing the City of Boulder’s current water well supply, treatment, distribution, and storage system; and,
WHEREAS, upon Morrison-Maierle’s recommendation and the State of Montana Department of Environmental Quality, the City of Boulder elected to discontinue the use of Well #3, install temporary treatment on Well #2 following MDEQ requirements, and reconnect Well #4 to the system following all requirements for a proposed new source; and,
WHEREAS, Well #3 was taken offline, and due to added stress to the water system infrastructure, the pump in Well #1 failed; and,
WHEREAS, given the City of Boulder is only operating on two of the four wells until system infrastructure upgrades are completed, the following Rules of Use are being implemented to reduce possible system failures and capacity shortage, and encourage use conservation:
RULES OF USE:
1) Unnecessary Use of Water: Consumers shall prevent the unnecessary waste of water in lawn or garden sprinkling, washing of vehicles or other similar uses of hose, and shall keep all water outlets closed when not in actual use. Hydrants, basins, urinals, water closets, bathtubs or any other openings must not be left running, or for any other unnecessary waste, and when consumers persist in a wasteful use of water, the City reserves the right to cut off the supply, and repeated violation of this rule will subject the offender to prosecution as hereinafter provided.
2) Water will not be furnished where there are defective or leaking faucets, closets, or other fixtures, and when such may be discovered, the supply will be withdrawn until the proper repairs are made.
3) The City shall not be responsible for pipes and fixtures: all owners, at their own expense, must keep service pipes from City mains and all their apparatus in good working order and properly protected from frost or other dangers. No claims shall be made against the City on account of the breaking of any service pipes or apparatus, or for accidental failure in the supply of water.
4) Water Reduction Measures: Mandatory watering and irrigating restrictions are as follows:
a. Designated days for watering. East of Main Street water on Even Days and West of Main Street waters on Odd Days.
5) Notice of infraction: If water reduction measures are not followed, a Notice will be posted on the violator’s door, stating the penalty(s) for infractions of these mandatory restrictions, and.
a. If the violator is not the owner of the properly a copy of notice will be sent by first class mail to the owner of the property upon which the infraction occurred.
b. lf a Second Infraction occurs. a civil offense punishable by a civil penalty of not less than $50.00 will be imposed by the Boulder City Court.
c. If a Third infraction occurs, a civil offense punishable by a civil penalty of not less than $100.00 will be imposed by the Boulder City Court.
d. If a fourth Infraction occurs, water service will be shut off without notice to prevent future violations. If water service is discontinued, service may not be restored until applicable fees charged for turning the water on and off and outstanding civil penalties are paid.
RECITALS Effective date shall be upon passage of the first reading and shall remain effective for no more than 90 days. The City Council of the City of Boulder waives a second reading.
PASSED by 2/3 of the City Council of the City of Boulder, Montana, on the 1st reading at the regular council meeting on the 18th day of April 2022 and shall remain effective for no more than 90 days.
/s/ Russell S. Giulio, Mayor
Attest: /s/ Ellen Harne, City Clerk
Legal 22-043 Published in the Boulder Monitor April 27, 2022 MNAXLP
