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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 32

WATER CODE



CHAPTER 1 - WATER ORDINANCE

SECTION 1. RULES AND REGULATIONS

The following rules and regulations are hereby established for the governing of the water department of the said Pine Ridge Sanitation Maintenance Service, and the control of all persons doing any plumbing in or upon any of the water mains, connections, or appliances appertaining to the water works of the said association.

Any person, persons, firm or corporation applying for and receiving water from the water works system belonging to said association shall receive such water on the express condition that such water is taken subject to all rules, regulations, and penalties provided by said association for any infraction of said rules and regulations .

SECTION 2. APPLICATION FOR PERMIT

Owners or tenants of property desirous of using water from the distributing pipes shall make application in writing, either by themselves or their agent, tot he Secretary of the Pine Ridge Sanitation Maintenance Service, said application to state description of the premises, name of the owner, and purpose for which water is to be used, the size of the tap, kind of service pipe to be used, and said application must be made at least two (2) days before the work is to be started if the application shall have been approved by the Board of Directors, or their authorized agent, the Secretary shall issue a permit. it shall then be the duty of the association, upon due notice, to tap the distribution pipe. (Master Plumber or pipe layer shall also be permitted to make the tap.) No unauthorized person or persons shall be permitted to tap or make any connections with the water system. No additional use of water will be permitted by the association except that mentioned in the application for water, and persons desiring further or additional use of water must make application as herein set forth.

SECTION 3. PENALTIES.

Any person who shall lay any water pipers, or introduce into or about any building or on any grounds any water pipes, or do any plumbing in any building or on any grounds for the purpose of connecting such pipes or plumbing with the water pipes of the association water works or prepare them for such connection with a view to leaving such places supplied with water from the association water works, or who shall make any additions to or alterations of any water pipe, water closet, stop curb or other fixtures or apparatus for the supply of any premises with water, without having been duly licensed to do such work by the Board of Directors, or without first having obtained a permit for doing such work from the Secretary shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each offense.

SECTION 4. TAP FEES

At the time of making the application as hereinbefore stated, the applicant shall pay the Treasurer a sum to cover the cost of making the tap, the sum of thirty five dollars ($35.00) . After date of completion of original project, each home owner (after application to the Board of Directors and payment of tap fee) must bear the cost of service pipe and trench.

SECTION 5. DEPTH OF SERVICE PIPE

Within the area served by the Pine Ridge Sanitation Maintenance Service, service pipes shall in no case be laid at less than five feet, six inches below the surface of the ground.

SECTION 6. FEES MUST BE PAID BEFORE WATER TURNED ON.

The water will not be turned on in any house or private service pipe until the applicant shall have paid all fees due and shall exhibit his receipt thereof.

SECTION 7. MUST REPAIR WATER PIPE CONNECTIONS.

All service pipes on the premises and behind the shut-off valve shall be installed by and kept in repair at the expense of the owner or the person in possession of the premises served. If such owner or person shall fail to cause to have properly repaired any leaky service pipe promptly upon receipt of due notice from the association, the water shall immediately be shut off from said premises and remain shut off until said repairs shall have been made. See also Section 10, Section 12, and Section 13 of this Ordinance.

SECTION 8. MUST NOT PERMIT OTHERS TO USE WATER

No owner or occupant of any premises to which said Pine Ridge Sanitation Maintenance Service furnishes water will be allowed to supply water to any other persons or families without the written permission of the Board of Directors. Any owner or occupant violating this Section will be charged double the usual rates for each person or family so furnished with water, and if not paid, the water supply shall be cut off from said premises. No consumer shall be permitted to conduct water pipes across lots or building to adjoining premises.

SECTION 9. WATER RATES

All water sold or furnished by the Pine Ridge Sanitation Maintenance Service shall be paid for at the rates as hereinafter specified.

All water sold or furnished by the said PRSMS shall be paid for by the owner, or occupant of the premises which are served, to the Treasurer of the association, at the following rates:

1. Resident members of Association - $________per month.

2. Commercial Rates - (Any business, corporation, or organization, or agency who wishes to use water from the association system must negotiate a separate contract with the Board of Directors)

SECTION 10. SHUT OFF FOR NON-PAYMENT OF RENTALS.

All water fees shall be payable at the office of the Treasurer of the association and if not paid on or before the tenth (10th) day of the month on which the bill is rendered they shall become delinquent and the water shall be shut off without notice, and when turned off for non- payment of water fees the water shall not be turned on again until all back fees together with a charge of five dollars ($5.00) for turning on again, shall have been paid. Failure to receive a bill for water fees is no excuse for non-payment.

SECTION 11. NOTICE FOR DISCONTINUING USE.

Any person desirous of discontinuing use of the community water system must give a written notice to the Secretary on or before the day to which the fees have been paid, or they will be charged for water to the next fee day.

SECTION 12. UNNECESSARY WASTE OF WATER.

Hydrants, taps, hose, water closets, urinals, bath and other fixtures, will not be permitted to be kept running when not in use, and it shall be the duty of all employees of said association to enforce this Section and also to notify the consumer of any unnecessary waste of water on the premises . If within twenty-four ( 24 ) hours after being notified that water is being wasted and the necessary repairs are not made, the association shall forthwith shut off the water on the premises, and before it shall be turned on the consumer shall pay the fine as provided in this Chapter.

SECTION 13 . ASSOCIATION MAY SHUT OFF WATER FOR REPAIRS.

The Board of Directors of the Association reserves the right at any time to shut off the water on the water mains for the purpose of repairing the same, making connections or extensions to the same, or for the purpose of cleaning said main. And it is expressly understood that no claim shall be made against the association by reason of the break of the mains or service pipes or service curb cocks; or for any damage arising from shutting of the supply for repairing, laying or relying water mains, hydrants, or other connections. It is hereby made the duty of the association to give such reasonable notice as shall be practicable.

SECTION 14. MAY ENTER PREMISES

The Board of Directors or any employee of the PRSMS shall be permitted, at all reasonable hours, to enter the premises or buildings of consumers to examine the water pipes and fixtures and the manner in which the water is used, and in any case of fraudulent representation on the part of the owner or occupant, or willful or unreasonable use of water, such owner or occupant shall forfeit any payment made the association may cause the water to be shut off and assess reasonable damages.

SECTION 15. INTERFERENCE WITH TRIBAL PROPERTY.

It shall be unlawful for any person to climb on or in any manner interfere with any building reservoir, well, water tower, or any structure belonging to the PRSMS without being authorized to do so by the proper officer or authorities of said association; and it shall be unlawful for any person to in any manner injure or deface such structure.

SECTION 16. PENALTY.

Any person who shall violate any of the rules and regulations contained in this Chapter, except those sections wherein a specific penalty has been stated, shall upon conviction thereof, in addition to having water shut off, be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment for a period of not more than thirty (30) days, or by both such fine and imprisonment, at the discretion of the Court. Any plumber or other person who shall violate the above provisions other than those for which penalties have been provided, shall upon conviction thereof be fined in a sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and the Board of Directors may revoke the permit of such plumber.

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