HomeMy WebLinkAboutordinance.council.020-2021 ORDINANCE NO. 20
Series 2021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND
ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES—
SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE—GENERAL PROVISIONS;
25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; 25.30 WATER EFFICIENT
LANDSCAPING STANDARDS; AND, DELETING CHAPTER 25.24 SUPPLY OF MUNICIPAL WATER
FOR SNOWMAKING PURPOSES.
WHEREAS, the City owns and operates a public electric and water system; and
WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water
system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such
services; and
WHEREAS, the City Council supports electric and water rate structures that place a value on, and
incentive for, conservation and efficiency programs, policies, and improvements; and
WHEREAS, the rates outlined in Title 25 of the municipal code support the Utilities revenue stream
and ultimately support the ever-increasing costs of utility operation, long-range planning, resource
development, and sustainability programing.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1.
That Title 25 of the Municipal Code of the City of Aspen, Colorado,which section sets forth Utilities,
is hereby amended, and added to, to read as follows:
Chapter 25.04. ELECTRICITY
Sec. 25.04.035. Electric Community Investment Fee.
The Electric Department must expand the electric system facilities to accommodate new development
without decreasing current reliability and service standards.The Electric Department distributes electricity to the
customers in its service area by means of an integrated and interdependent system-wide network of electric
facilities.The Electric Community Investment(ECI)fee will be charged to any customer requesting services for new
development and expansion of existing services within the service area as measured at breaker size at meter. If
breaker size is not listed in Table below, billing amps are rounded up to next available amperage size shown below.
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The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities needed
to deliver electric services to new or expanded services. Effective January 1,2022,all residential,commercial and
city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows:
ECI Residential ECI Commercial
Breaker 1 Phase 3Phase 1 Phase 3 Phase 3Phase
Amperage` 120/240V 120/208V 120/240V 120/208V 277/480V
100 $1,501 $ 3,001 $4,002 $4,500 $ 10,385
200 $3,002 $ 6,001 $ 8,004 $ 9,001 $ 17,309
300 $6,003 $ 9,752 $ 12,006 $ 13,501 $31,156
400 $8,004 $ 13,003 $ 16,008 $ 18,001 $41,542
600 $12,528 $ 20,352 $ 25,056 $ 28,176 $ 65,022
800 $16,704 $ 27,136 $ 33,409 $ 37,568 $ 86,695
1000 $20,880 $ 33,920 $41,761 $46,960 $ 108,369
1200 $25,056 $40,704 $ 50,113 $56,352 $ 130,043
1400 $29,233 $47,488 $ 58,465 $ 65,744 $ 151,717
1600 $33,409 $ 54,272 $ 66,817 $ 75,136 $ 173,391
1800 $37,585 $ 61,056 $ 75,169 $ 84,528 $ 195,065
2000 $41,761 $ 67,840 $ 83,522 $ 93,920 $ 216,739
2200 $45,937 $74,624 $91,874 $ 103,312 $ 238,412
2400 $50,113 $ 81,409 $ 100,226 $ 112,704 $ 260,086
2600 $52,368 $ 85,072 $ 104,736 $ 117,776 $ 271,790
2800 $54,725 $ 88,900 $ 109,449 $ 123,076 $ 284,021
3000 and above $57,187 $ 92,901 $ 114,374 $ 128,614 $ 296,802
(Ord.NO 27-2017;Ord. No.24-2019,§1,11-26-2019;Ord. No. 17-2020,§.1, 11-24-2020)
Sec. 25.04.037. Fees for distributed energy systems attached to Aspen Electric.
(a) All projects on properties within the City of Aspen Electric Utility service area that require staff and/or
engineering review or that will add distributed energy systems that could include battery storage are subject
to electric development review fees prior to issuance of a city electric permit.
(b) The electric development review fee shall be as set forth in Subsection(c)of the Section.
(c) [Electric Development Review Fees.]
System Size in kW:' Distributed Energy System Only` Distributed Energy System and
Battery Storage° '
<15 kW $150.00 $1,000.00
15 kW and up $500.00 $1,000.00
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Sec. 25.04.039 Senior electric rates.
Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual electric
residential availability rates set forth in Section 25.04.040.
Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with
the Pitkin County Senior Services Council.
The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin
County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their
eligibility for this program and application procedure is conducive to their participation.
A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges
of:Seventy percent(70%)of standard availability charge;one hundred percent(100%)of electric consumption
charge(kwh);and applicable sales tax.
(Ord. No. 17-2020,§1, 11-24-2020)
Sec. 25.04.040. Electric service rates.
(a) Effective in the January 2022 monthly billing,all residential,commercial and city facilities customers of the
Aspen Electric Department shall pay a monthly customer availability charge as follows:
AMP Size Standard Senior Small Large
Residential Residential, Commercial Commercial
Customer Customer Customer Customer
70%
100 AMP $22.72 $15.91 $27.19 $24.58
200 AMP $44.24 $30.97 $52.39 $45.46
300 AMP $88.68 $62.08 $85.72 $72.49
400AMP $129.27 $90.49 $124.68 $104.50
600 AMP $228.04 $159.63 $219.50 $183.92
800 AMP $343.76 $240.63 $330.59 $278.16
1000 AMP $478.85 $335.19 $460.28 $386.45
1200 AMP $625.15 $437.61 $600.73 $507.72
1600 AMP $962.74 $673.92 $924.81 $780.38
1800 AMP $1,146.12 $802.28 $1,100.85 $935.77
2000 AMP $1,350.62 $945.43 $1,297.17 $1,102.08
2200 AMP $1,580.22 $1,106.16 $1,517.69 $1,289.43
2400 AMP $1,848.86 $1,294.20 $1,775.70 $1,508.64
2600 AMP $2,163.17 $1,514.22 $2,077.57 $1,765.10
2800 AMP $2,530.91 $1,771.64 $2,430.75 $2,065.17
3000 AMP
and above $2,961.16 $21072.81 $2,843.98 $2,416.25
(b) In addition to the monthly customer availability charge,and effective in the January 2022 monthly billing,the
residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours
(kWh)during the department's monthly meter reading cycle multiplied by the appropriate service rate as
follows:
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AMP Usage Per Additional 'Per Additional Per ', Remaining Per
Size Up to -'.. .KWh. Usage Up KWh Usage.Up KWh Usage KWh
To.. To Over
100 400 $0.0865 1,080 $0.1296 1,920 $0.1964 1,920 $0.3438
AMP
200 520 $0.0865 1,360 $0.1296 2,800 $0.1964 2,800 $0.3438
AMP
300 1,600 $0.0865 3,600 $0.1296 6,160 $0.1964 6,160 $0.3438
AMP
400 1,600 $0.0865 3,600 $0.1296 6,160 $0.1964 6,160 $0.3438
AMP
600 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
800 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
1000 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
1200 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP-
1600 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
1800 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
2000 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
2200 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
2400 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
2600 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
2800 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
3000 2,800 $0.0865 5,440 $0.1296 8,800 $0.1964 8,800 $0.3438
AMP
and
above
(c) Effective January 1,2022,all electric accounts that service 5 or more individual units shall be considered a
small commercial customer and shall have rates associated with a small commercial account rather than a
residential account.Additionally,all commercial accounts that do not meet the requirements for large
commercial designation shall be considered small commercial accounts,which includes previous class of
small commercial city facilities customers and current and future Electric Vehicle charging stations. In
addition to the monthly customer availability charge,and effective in the January 2022 monthly billing,the
small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt-
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hours(kWh)during the department's monthly meter reading cycle multiplied by the appropriate service rate
as follows:
AMP Usage , Per Additional ';Per . " `Additional Per. :Remaining Per
p Usage',Up KWh Usage Up . .kWh; '.Usage KWh Size U To KWh;
To To Over
100 880 $0.0928 2320 $0.1160 4800 $0.1741 4800 $0.2813
AMP
200 1280 $0.0928 3120 $0.1160 5760 $0.1741 5760 $0.2813
AMP
300 3360 $0.0928 7120 $0.1160 12240 $0.1741 12240 $0.2813
AMP
400 3360 $0.0928 7120 $0.1160 12240 $0.1741 12240 $0.2813
AMP
600 6560 $0.0928 13200 $0.1160 18400 $0.1741 18400 $0.2813
AMP
800 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
1000 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
1200 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
1600 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
1800 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
2000 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
2200 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
2400 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
2600 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
2800 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
3000 13600 $0.0928 28000 $0.1160 44800 $0.1741 44800 $0.2813
AMP
and
above
(d) In addition to the monthly customer availability charge,and effective.in the January 2022 monthly billing,the
large commercial customer,which includes previous class of large commercial city facilities customers and
current and future Electric Vehicle charging stations,(with operable demand metering systems in place and
measured usage of forty(40)kW and greater)shall pay the sum of the metered use of electric energy
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measured in kilowatt-hours(kWh)during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows,plus a demand charge per kW of metered customer peak usage for that
meter reading cycle:
AMP Size 'Usage Per KWh Remaining Per KWh Demand
Up To Usage Over Charge on
Customer
Peak kW
100 AMP 23200 $0.0638 23200 $0.0797 $19.83
200 AMP 23200 $0.0638 23200 $0.0797 $19.83
300 AMP 23200 $0.0638 23200 $0.0797 $19.83
400 AMP 23200 $0.0638 23200 $0.0797 $19.83
600 AMP 23200 $0.0638 23200 $0.0797 $19.83
800 AMP 23200 $0.0638 23200 $0.0797 $19.83
1000 AMP 23200 $0.0638 23200 $0.0797 $19.83
1200 AMP 23200 $0.0638 23200 $0.0797 $19.83
1600 AMP 23200 $0.0638 23200 $0.0797 $19.83
1800 AMP 23200 $0.0638 23200 $0.0797 $19.83
2000 AMP 23200 $0.0638 23200 $0.0797 $19.83
2200 AMP 23200 $0.0638 23200 $0.0797 $19.83
2400 AMP 23200 $0.0638 23200 $0.0797 $19.83
2600 AMP 23200 $0.0638 23200 $0.0797 $19.83
2800 AMP 23200 $0.0638 23200 $0.0797 $19.83
3000 AMP 23200 $0.0638 23200 $0.0797 $19.83
and above
(e) In addition to the monthly customer availability charge,and effective in the January 2022 monthly billing,an
alternative 200 AMP customer rate shall be available for new deed-restricted,residential properties with
electric heat and built in compliance with International Energy Conservation Codes 2015 edition as stated in
Municipal Code 8.46 including amendments as stated in Ordinance 40,Series of 2016.This rate will only be
applied to deed-restricted residential electric accounts that have been reviewed and approved as a qualifying
residential property by the Utilities Director.This rate shall be the sum of the metered use of electric energy
measured in kilowatt-hours(kWh)during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
AMP Size: .Usage Up Per.KWh Additional Per KWh . Additional' Per KWh Remaining Per KWh
To Usage Up'. Usage Up Usage
To To Over
200 AMP 1,100 $0.0865 2,800 $0.1296 4,000 $0.1964 4,000 TO.34 88
(Code 1971,§23-18.1;Ord. No.42-1984,§1;Ord. No.76-1992,§1;Ord.No.36-1996, §1;Ord.No.41-2004,§ 1
;Ord. No.7-2006,§1;Ord.No.37-2008;Ord. No 29-2011;Ord.No.36-2011;Ord.No.37-2014,§1;Ord.No.44-
2015,Ord.No.38-2016,Ord. No.27-2017;Ord.No.28-2018;Ord. No.24-2019,§1, 11-26-2019;Ord.No.17-
2020,§1,11-24-2020)
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TITLE 25-UTILITIES
Chapter 25.08.WATER SERVICE—GENERAL PROVISIONS
Sec. 25.04.046. Property owners financially liable for unpaid utility charges and fees. In
situations where unpaid electric utility charges and fees remain on a finaled owner or tenant account,the current
owner will be financially responsible and liable for these previous amounts due forty-five(45)days after the
transfer of previous owner or tenant.
Chapter 25.08. WATER SERVICE—GENERAL PROVISIONS
Sec. 25.08.090. Equivalent capacity units.
(a) All water service shall be rated by the Water Department in accordance with the following table:
(1) LONG-TERM RESIDENTIAL(Occupancy extending more than one(1)month):
ECU
1st full bath 0.36
2nd full bath 0.24
Each additional full bath 0.12
Each kitchen(full cooking facilities) 0.25
Each kitchenette(modest cooking facilities) 0.15
Each bedroom 0.10
(2) LODGING BEDROOMS(Occupancy per person extending less than one(1)month):
ECU
Each bedroom with no bath or cooking 0.45
facilities,but with dormitory style bathrooms
in hallways
Each bedroom with no bath,but with modest 0.60
cooking facilities and dormitory style
bedrooms in hallways
Each bedroom with full bath but no cooking 0.55
facilities
Each bedroom with full bath and wet bar 0.65
(microwave and under the counter icebox)
Each bedroom with full bath and modest 0.70
cooking facilities
(3) SHORT-OR MIXED-TERM RESIDENTIAL(Occupancy per person extending less than one(1)month):
ECU
Each full bath 0.36
Each kitchen(full cooking facilities) 0.25
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Each bedroom 0.30
(4) IRRIGATION:
Line Size Minimum
ECU Rating
Each bib hose in addition to sprinkler system(fixed piping/spray or drip Any 0.05
emitters,i.e.,hose bib w/irrigation)
Hose bib only(i.e.,hose bib for irrigation):
Vhose bib Any 0.20
2"d hose bib Any 0.10
3rd hose bib Any 0.05
Yard Hydrant .5/hydrant
Irrigation System-Spray 0.01/100 Sq. Ft.
Drip Irrigation System 0.001/100 Sq. Ft.
(5) RESTAURANTS:Each seat:0.07 ECU.
(6) NONPROFIT CAFETERIA(including school cafeterias):Each seat:0.048 ECU 1st 25/0.024 ECU thereafter.
(7) OFFICE SPACE:Each one hundred(100)square feet:0.02 ECU.
(8) RETAIL SPACE:Each one hundred(100)square feet:0.01 ECU.
(9) COMMERCIAL RECREATIONAL FACILITIES: Each customer:0.04 ECU.
(10) NONPROFIT RECREATIONAL FACILITIES(including school gyms):Each customer/pupil:0.04 ECU.
(11) THEATERS,AUDITORIUMS,CONVENTION HALLS AND ASSEMBLY PLACES:Each ten(10)seats:0.080 ECU
year-round/0.048 ECU summer.
(12) SCHOOL ROOMS(not including cafeteria,kitchens,gyms,auditoriums,and administrative office space):
Each pupil:0.02 ECU per maximum capacity.
(13) WAREHOUSE OR INDUSTRIAL SPACE:Each one thousand(1,000)square feet:0.12 ECU.
(14) GAS STATIONS:Each service or lubrication bay:0.25 ECU.
(15) CAR WASHES:Each manual washing bay:0.95 ECU/each automatic washing bay:1.45 ECU.
(16) HOSPITALS, NURSING HOMES,SANITARIUMS,AND DETENTION CENTERS:Each bed:0.50 ECU.
(b) The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under
Subsection(a). For all fixtures or irrigated area in excess of said maximums,the Water Department shall
increase the ECU rating in accordance with the following table:
ECU
Toilet/urinal 0.05
Mop/laundry sink(per compartment) 0.05
Kitchen sink(per compartment) 0.05
Lavatory sink(per compartment) 0.02
Combo toilets(toilet/bidet,toilet/lav) 0.07
Bar sink(per compartment) 0.05
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Garbage disposal 0.05
Household dishwasher 0.10
Commercial dishwasher(per%"of supply line diameter) 0.10
Dishwasher drawer(single) 0.05
Steamer oven 0.05
Household clothes washer 0.10
Commercial clothes washer(per%a"of supply line diameter) 0.10
Commercial icemaker(per%e"of supply line diameter) 0.05
Steam room 0.08
Water bottle fill station 0.05
Whole home humidifier 0.30
Coffee urn 0.05
Tub/shower(combined or separate) 0.05
Bidet 0.05
Wet saunas 0.08
Humidifiers 0.05
Jacuzzi/spa(per 100 gal.of capacity) 0.02
Swimming pool(per 1,000 gal.of capacity): 0.02
Industrial process or wastewater(not served by sanitary sewer):Each 1,000 gal./day non- 1.50
consumptively used
Each 1,000 gal./day consumptively used 3.90
Fountains:
Non-continuous drinking 0.05
Continuous drinking 0.50
Non-recycling decorative 0.50
Recycling decorative 0.10
Water softener(per ECU):
Residential 0.02
Commercial 0.01
Fire protection sprinkler heads 0.00
(c) No outdoor water features will be allowed on Aspen Water utility accounts effective January 1,2022.
(d) In the event that the water service cannot be adequately rated under the tables in Subsections(a)and(b)or
if there are unusual or special circumstances warranting a special ECU rating,the service may be rated as
determined by the Water Department at the customer's expense.The Water Department may also adjust
the ECU rating of any water service if the metered demand of such service differs substantially from the ECU
rating under Subsections(a)and(b).
(d) In no event shall the ECU rating be less than the following minimums:
Line Size Minimum ECU Rating
%" 1.0
1" 2.0
1'/<" 3.0
1 2 4.0
2" 8.0
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4" 20.0
6" 30.0
8" 60.0
For line sizes larger than six(6)inches,the minimum ECU rating shall be determined by the Water
Department after consultation with the City Manager.
(e) The ECU rating per customer pursuant to Subsections(a),(b),(c)or(d)shall be applied in calculating utility
investment charges under Section 25.12.040 and in calculating monthly demand,extraordinary water use,
and fire protection charges under Sections 25.16.010 and 25.16.020.
(f) Commercial agricultural uses shall be limited to a maximum of one(1) ECU of potable water without the
prior express written consent of the City Manager.
(Code 1971,§23-44;Ord. No.27-1985,§1;Ord.No.36-1995,§1;Ord. No.43-1996,§16;Ord. No.30-2012§4;
Ord.No. 15-2019,§2,6-24-2019;Ord. No.24-2019,§1, 11-26-2019;Ord. No. 17-2020,§1, 11-24-2020)
Chapter 25.12. UTILITY CONNECTIONS
Sec. 25.12.040. Utility investment charges.
(a) The utility investment charge per each equivalent capacity unit(ECU)for each billing area shall be as set
forth in Subsection(d)of this Section.
(b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge
in Subsection(d).
(c) Before any water is furnished, pursuant to a utility connection application and permit,Water Department
personnel shall inspect the property designated on the application and shall certify on the application that
the ECU rating on the application equals the ECU rating for the property as developed. Prior to inspection,
water may only be furnished to the property for construction purposes upon proper payment therefor. If the
ECU rating for the property as developed is less than the ECU rating on the application,the applicant shall be
entitled to a refund of any overpayment of the total utility investment charge, but no refund shall be made
of any utility hookup charge or of any water main extension costs,water rights dedication fees,interest on
any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating of the
developed property is greater than the ECU rating on the application and no larger or additional connections
are made,no water shall be furnished until the deficit in the total utility investment charge has been paid.If
a larger or additional connection is made,no water shall be furnished until the deficits in the total utility
investment charge,the utility hookup charge and all other applicable charges and fees,have been paid. In
every case,the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for the
property,and the connections.
(d) Utility investment charges(tap fees)are computed as follows:
(1) For the purpose of utility investment charge computation,the following fees shall be assessed per ECU
effective January 1,2022:
Billing Area , Charges per ECU
Billing Area 1 $9,868
Billing Area 2 $19,736
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Billing Area 3 $19,736
Billing Area 4 $12,335
Billing Area 5 $17,269
Billing Area 6 $19,736
Billing Area 7 1 $14,802
Billing Area 8 1 Reserved
The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of ECU
points for the utility connection applied for by the applicant.
(e) System development charges recommended by the Water Department may be authorized from time to time
by the City Council.System development charges are fees intended to provide for additional water system
development that is intended to enhance the reliability of City water service to all customers,and may
include,for example,well system development fees or plant investment fees. Effective January 1,2021,Well
System Development fees that be calculated at a rate of one thousand six hundred seventy-five dollars
($1,675.000)/ECU.
(Code 1971,§23-58;Ord. No.27-1985,§1;Ord. No.54-1986,§1;Ord.No.34-1988,§6;Ord.No. 19-1990,§3;
Ord.No.39-1993,§5;Ord. No.30-2012§8;Ord.No.28-2018;Ord. No.24-2019,§1, 11-26-2019;Ord. No.17-
2020,§1, 11-24-2020)
Sec. 25.12.060. Utility hookup charge.
(a) A utility hookup charge shall be paid to the City to recover the cost of labor and equipment required to make
a tap. Effective January 1,2022,the utility hookup charge shall be as follows:
Line Size Charges
3/4" $1,500.00
1" $2,000.00
1.5" $2,500.00
2" $3,000.00
4" $4,000.00
6" $5,000.00
8" $6,000.00
(b) In addition to the costs listed above,the cost of the corporation stop,and other materials used in making the
tap shall be charged at the actual cost of materials plus a twenty-five percent(25%)handling and stocking
charge.The cost of the installation of the corporation stop shall also be included.The water user shall furnish
and pay for all other materials, labor and all expenses in and about the making of all connections with the
main,including all costs of the service lines and meter installations,except for the specific costs included in
the utility hookup charge in this Section.
(c) If warranted by unusual or special circumstances,the Water Department may impose special utility hookup
charges.
(Code 1971,§23-58;Ord. No.27-1985,§ 1;Ord.No.54-1986,§1;Ord.No.34-1988,§6;Ord. No. 19-1990,§3;
Ord.No.39-1993,§5;Ord. No.30-2012§9;Ord. No.30-2018;Ord. No.24-2019,§1, 11-26-2019;Ord. No.17-
2020,§1, 11-24-2020)
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Sec. 25.12.070.Additional service;fixtures; credits.
(a) No additional service,change of fixtures or demand factors,or change in use of an existing utility connection
may be made without application and a utility connection permit issued therefor by the Water Department
pursuant to this Chapter.Utility connection permits may be subject to conditions necessary to protect the
best interests of the city water utility,including a requirement that a larger tap be installed.
(b) Any additional service,change of fixtures or demand factors or changes in use shall be subject to payment of
a utility investment charge(tap fee)and applicable system development charge,based upon the additional
ECU rating associated with such additional service,change of fixtures or demand factors or change in use. In
no event shall there be any refund or reimbursement under this Section for a reduction in the ECU rating for
any utility service.If a larger utility service connection is required,the utility hookup charge shall be assessed
as for a new utility service connection.
(c) In the calculation of the utility investment charge and applicable system development charge to be paid by
the owner of residential or commercial structures,which are to be substantially remodeled or rebuilt,the
utility investment charge and applicable system development charge shall be the charge determined in
accordance with Section 25.12.040 for the completed structure,minus the amount of any utility investment
charges and system development charges actually previously paid by the landowner or the predecessor of
the landowner for connection of water service to the existing structure or structures on the property.Where
structures are not substantially remodeled or rebuilt but are merely renovated or less than substantially
remodeled the utility investment charge and system development charge shall be the charge determined in
accordance with Section 25.12.040 for a new connection having an ECU rating equal to the difference
between the new ECU rating of the structure and the former ECU rating of the structure;provided,however,
that new water conserving devices are installed in the structure which meet the City standards for new water
using devices.
(1) "Substantial remodel"shall be defined as the increase by fifty percent(50%)in the water using capacity
of new water using devices or fixtures installed on a property,as measured by the ECU rating of the
existing and proposed structure(s).
(2) "Rebuilt"shall be defined as the removal and total reconstruction of a structure on a particular piece of
property.
(3) The calculation for the credit to be given for property on which the structures are substantially
remodeled or rebuilt shall take into account the amount actually paid for utility investment charges
(tap fees)and system development charges in the records as maintained by the City.If no such records
are maintained or it is impossible to determine the credit to be given,the credit shall be as calculated
by the Water Department,taking into account the following in addition to other criteria deemed
relevant:
a. Size of the water main servicing the area;
b. Size of the service line to the property;
C. Size of the meter installed;
d. Age and use of the building;
e. Date of original connection to the city water service;
f. History of fixture installations and upgrades;
g. Fees charged to similarly situated customers
h. Any verifiable and relevant records of the applicant;
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i. Consideration other than money(e.g.,water system upgrades,easements,or water rights)given
to the City in exchange for the charge for utility connection or net benefit to the water system;
and,
j. Unamortized capital expended for improvements to the system since the date of connection
which has not been recovered by the water rates paid by the landowner.
(4) In the event the landowner disputes the amount of credit to be given,he or she shall request and pay
the costs of arbitration of the issue by the manager of the City of Aspen Finance department.The
conclusion of the arbitrator shall be final if the land is located within the incorporated limits of the City.
The City,at its sole discretion,may decline to connect or increase water service for customers outside
of the City at the credit established by the arbitrator.
(Code 1971, §23-62;Ord. No.27-1985,§1;Ord.No. 19-1990;Ord. No.30-2012§10;Ord. No.17-2020,§1, 11-
24-2020)
Sec. 25.12.150. Disconnections; maintenance of corporation stop, curb stop, curb box and
meters.
(a) In case any owner of premises on which water is used shall cease to use water and desires to disconnect his
or her premises,he or she shall not be permitted to remove the curb stop,curb box or meter and
appurtenances,except with permission from the Water Department. Corporation stops will be installed by
the Water Department but are the property of the owner and shall only be removed or operated by the
owner.
(b) The owner of property serviced shall be responsible for the repair and maintenance of the service line,
corporation stop,curb stop,curb box and meter and is further responsible for insuring that none of the
above become damaged or inaccessible by reason of landscaping,foliage,or construction of improvements
on the premises.Note:Maximum allowable age of water meters installed within the Aspen Water Service
Area is twenty-five(25)years.Water meters exceeding twenty-five(25)years of age will be required for
replacement by the Aspen water department through a customer outreach process. New water meters and
their install will be at the expense of the property owner.
(c) In such event a meter,remote and/or Meter Transmitting Unit(MTU)is damaged or concealed or otherwise
made inaccessible,the Water Department shall direct that the water user be billed the unmetered rate for
his or her water service until such time as the meter,remote and/or MTU is again made operable or
accessible by the owner.
(Code 1971, §23-70;Ord. No.27-1985,§1;Ord. No.30-2102§18;Ord. No. 17-2020,§1,11-24-2020)
Chapter 25.16. WATER RATES AND CHARGES
Sec. 25.16.010. Monthly rates for metered water service.
All metered water accounts except temporary construction,grandfathered-in,and pre-tap customer
accounts shall pay on a monthly basis the sum of charges one(1)through four(4)that follow:
(a) Effective in the January 2021 monthly billing,all metered accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area Billing Factor(Included) Per-ECU Rate:..'
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1 1.00 $6.22
2 2.00 $12.44
3 2.00 $12.44
4 1.25 $7.78
5 1.75 $10.89
6 2.00 $12.44
7 1.50 $9.33
(b) Effective in the January 2021 monthly billing,all metered accounts shall pay a monthly variable charge
per ECU as follows:
Usage Per. Per 1,000 ' Additional Per 1,000 Additional Per 1,000 Remaining Per 1,000
ECU Up Gallons Usage Per Gallons `Usage Per Gallons Usage Per Gallons
To Rate EC.0 Up Rate ECU Up Rate ECU Over Rate
To To
4,000 1 $3.31 1 12,000 1 $4.24 1 16,000 1 $6.08 1 16,000 1 $9.11
(c) Effective in the January 2021 monthly billing,all metered accounts within service area pumped zones
shall pay a monthly pumping charge per one thousand(1,000)gallons as follows:
#of Pumps Rate Per 1,000 Gallons Pumped
1 $2.85
2 $5.70
3 $8.55
(d) Effective in the January 2021 monthly billing,all metered accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing'Area Billing'Factor(Included) Per:ECU Rate
1 1.00 $4.06
2 2.00 $8.12
3 2.00 $8.12
4 1.25 $5.08
5 1.75 $7.11
6 2.00 $8.12
7 1.50 $6.09
(Code 1971,§23-101;Ord.No.27-1985,§1;Ord.No.48-1986,§1[A];Ord. No.51-1987, §1;Ord.No. 18-1988,§
1;Ord. No.34-1988,§1;Ord. No.19-1990, §2;Ord. No.39-1993,§6;Ord. No.45-1999,§16;Ord. No.41-2004,
§2 [part];Ord. No.7-2006,§2;Ord. No.35-2011,§2;Ord. No.30-2012§20;Ord.No 38-2014,§1;Ord.No 45-
2015§1,Ord. No.38-2016;Ord. No.27-2017;Ord. No.28-2018;Ord. No.24-2019,§ 1, 11-26-2019;Ord. No.
17-2020,§1, 11-24-2020)
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Sec. 25.16.011. Bulk rates for metered water service.
(a) Effective in the January 2021 monthly billing,the bulk water sales rate and two-tier structure for Buttermilk
Metro District will be:
Monthly Block Tiers in Per Rate Per 1,000
1,000 Gallons Gallons'.
First 2,940 gallons $5.12
Over 2,940 gallons $12.01
(b) Effective January 1,2019,the demand charge per fill up for the filler hydrant bulk water sales pursuant to
Subsection 25.08.020(e)shall be twenty dollars($25.00)per use.
(c) Effective January 1,2019,the variable charge for filler hydrant raw water bulk water sales pursuant to
Subsection 25.08.020(e)shall be$15.00 per 1,000 gallons.
(Ord. No.45-2015,Ord. No.38-2016;https:Hrecords.cityofaspen.com/WebLink/DocView.aspx?id=1412784"
web="yes">Ord.No.28-2018;Ord.No.24-2019,§1, 11-26-2019;Ord. No. 17-2020,§1, 11-24-2020)
Sec. 25.16.012. Raw water rates for general raw water accounts.
(a) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a per
thousand(1,000)irrigated square foot basis to be billed prospectively on an annual basis at the start of each
irrigation season are as follows:
(b) Effective January 1,2021 the non-pressurized raw water rate per irrigation season is as follows:
Non-Pressurized Raw.Water 2022 Rate .
Per 1,000 Sq.Ft. $41.79
(c) Carriage rates for raw water(refer to"Definitions"section),shall be the same as set forward in Paragraph(d)
below except where a valid contract for conveyance of the customer's own water rights provides for a
different rate.
(d) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw
water license agreement.Any persons doing so will be subject to a penalty of five hundred dollars($500.00)
for the first offense,one thousand dollars($1,000.00)for the second offense and one thousand five hundred
dollars($1,500.00)for each additional offense.
(Ord. No.41-2004,§5;Ord. No.35-2011,§3;Ord.No.30-2012§23;Ord. No.45-2015,Ord. No.38-2016;Ord.
No.27-2017;Ord. No.28-2018;Ord. No.24-2019,§1, 11-26-2019;Ord.No. 17-2020,§1, 11-24-2020)
Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable
line accounts.
(a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized,non-potable water
line accounts(including reclaimed water)shall be set in accordance with methods established for cost
recover recommendations by the American Water Works Association.
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(b) Where specific rates are established by a valid contract for raw water service and such rates result in a lower
cost of service than that provided in Subsection 25.16.012(a),the contractual rate will prevail.
(c) All water use from the system requires the installation of an operable water meter.Such uses in place prior
to 2009 shall install an operable water meter no later than January 20,2009.
(d) Provisions for billing are as follows:All pressurized raw water accounts shall have a working meter at the
beginning of each irrigation season,no later than April 15th.
(1) Effective January 1,2022 metered rates for pressurized raw water accounts for seasonal delivery of
non-potable water is as follows:
Metered Pressurized Raw Water-Billing to Occur 2021 Rate
Monthly-May through October
Per 1,000 Gallons. $4.84
(2) If the raw water meter required in paragraph(c)above ceases to function properly during the irrigation
season,a seasonal bulk water delivery rate has been established as the basis for billing the non-potable
pressurized water delivery.Effective January 1,2022 the unmetered,pressurized raw water rate for
seasonal delivery of non-potable water is as follows:
Unmetered Pressurized Raw Water-Billing to Occur 2022 Rate
Monthly
May through October
Seasonal Rate Per 1,000 Sq. Ft. $170.60
Monthly Rate Per 1,000 Sq. Ft.-Based on 6-Month $28.43
Irrigation Season
(e) Carriage rates for raw water,(see"Definitions"section),shall be the same as those in Paragraph(d)(1)
except where a valid contract provides for alternate method and procedures for billing.
(f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw
water license agreement.Any persons doing so will be subject to a penalty of five hundred dollars($500.00)
for the first offense,one thousand dollars($1,000.00)for the second offense and one thousand five hundred
dollars($1,500.00)for each additional offense.
(Ord.No.41-2004,§5;Ord. No.30-2012§23;Ord. No.38-2014§3;Ord. No.45-2015;Ord. No.27-2017;Ord.
No.28-2018;Ord.No.24-2019,§1, 11-26-2019;Ord.No. 17-2020,§1, 11-24-2020)
Sec. 25.16.014. Monthly rates for temporary construction water service.
All temporary construction water accounts shall pay monthly the sum of charges one(1)and two(2).
(a) Effective in the January 2022 month billing,all temporary construction accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area . . Billing Factor(Included) Per ECU Rate
1 1.00 $6.22
2 2.00 $12.44
3 2.00 $12.44
4 1.25 $7.78
5 1.75 $10.89
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6 2.00 $12.44
7 1.50 $9.33
(b) Effective in the January 2022 monthly billing,all temporary construction accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per:ECU Rate
1 1.00 $3.57
2 2.00 $7.14
3 2.00 $7.14
4 1.25 $4.46
5 1.75 $6.25
6 2.00 $7.14
7 1.50 $5.36
(c) Construction accounts shall pay demand and fire protection charges at the same rates as metered
customers for a temporary nine-month period.Variable and pumping charges will be waived for a maximum of
nine(9)months,or the duration of the construction project,whichever is less. Construction account ECU's will be
based on information shown on the building permit and "review" utility connection permit.
(Ord.No.35-2011§4;Ord. No.30-2012§24;Ord.No.38-2014§4;Ord.No.45-2015;Ord.No.27-2017;Ord.
No.28-2018;Ord. No.24-2019,§1, 11-26-2019;Ord. No. 17-2020,§1,11-24-2020)
Sec. 25.16.015. Monthly rates for grandfathered-in water service
All grandfathered-in water accounts shall pay monthly the sum of charges one(1)and two(2).
(a) Effective in the January 2022 monthly billing,all grandfathered-in accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area Billing Factor(Included) 'Per ECU Rate .
1 1.00 $6.22
2 2.00 $12.44
3 2.00 $12.44
4 1.25 $7.78
5 1.75 $10.89
6 2.00 $12.44
7 1.50 $9.33
(b) Effective in the January 2022 monthly billing,all grandfathered-in accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor(included) Per.ECU Rate
1 1.00 $3.57
2 2.00 $7.14
3 2.00 $7.14
4 1.25 $4.46
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5 1.75 $6.25
6 2.00 $7.14
7 1.50 $5.36
(Ord. No.35-2011§5;Ord. No.30-2012§26;Ord.No.38-2014§5;Ord.No.45-2015,Ord. No.38-2016;Ord.
No.27-2017;Ord. No.28-2018;Ord. No.24-2019,§1, 11-26-2019;Ord.No. 17-2020, § 1, 11-24-2020)
Sec. 25.16.016. Monthly rates for pre-tap water service.
All pre-tap water accounts shall pay the sum of charges one(1)and two(2).
(a) Effective in the January 2022 monthly billing,all pre-tap accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $6.22
2 2.00 $12.44
3 2.00 $12.44
4 1.25 $7.78
5 1.75 $10.89
6 2.00 $12.44
7 1.50 $9.33
(b) Effective in the January 2022 monthly billing,all pre-tap accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing Area Billing'Factor(included) Per ECU Rate
1 1.00 $4.06
2 2.00 $8.12
3 2.00 $8.12
4 1.25 $5.08
5 1.75 $7.11
6 2.00 $8.12
7 1.50 $6.09
(Ord.No.35-2011§6;Ord. No.30-2012§26;Ord.No.38-2014§6;Ord. No.45-2015,Ord. No.38-2016;Ord.
no.27-2017;Ord. No.28-2018;Ord.No.24-2019,§1,11-26-2019;Ord. No. 17-2020,§1,11-24-2020)
Sec. 25.16.020. Monthly rates for unmetered water service.
All unmetered water accounts shall pay the sum of charges one(1)and two(2).
(a) Effective in the January 2022 monthly billing,all unmetered water service accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area -Billing Factor(Included), Per ECU Rate
1 1.00 $110.79
2 2.00 $221.60
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3 2.00 $221.60
4 1.25 $138.50
5 1.75 $193.90
6 2.00 $221.60
7 1 1.50 1 $166.20
(b) Effective in the January 2022 monthly billing,all unmetered water service accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $4.06
2 2.00 $8.12
3 2.00 $8.12
4 1.25 $5.08
5 1.75 $7.11
6 2.00 $8.12
7 1.50 $6.09
(Ord. No.35-2011,§6;Ord. No.30-2012§27;Ord.No.38-2014,§7;Ord.No.45-2015,Ord. No.38-2016;Ord.
No.27-2017;Ord. No.28-2018;Ord.No.24-2019,§1, 11-26-2019;Ord.No. 17-2020,§1, 11-24-2020)
Sec. 25.16.021 Senior Water Rates.
(a) Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set
forth in Sections 25.16.010 and 25.16.020.
(b) Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with
the Pitkin County Senior Services Council.
(c) The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin
County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their
eligibility for this program and application procedure is conducive to their participation.
(d) A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges
one(1)through four(4)that follow:
(1) Effective in the January 2022 monthly billing,all senior metered accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor Percentage of Per ECU Rate
(Included) Regular Metered
Demand'
1 1.00 90% $5.60
2 2.00 90% $11.20
3 2.00 90% $11.20
4 1.25 90% $7.00
5 1.75 90% $9.80
6 1 2.00 90% $11.20
7 1.50 90% $8.40
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(2) Effective in the January 2022 monthly billing,all senior metered accounts shall pay a monthly variable
charge per ECU as follows:
.Usage Per Per 1,000 Additional Per 1,000 Additional' 'Per 1,000 Remaining Per 1,000
ECU.Up To Gallons . Usage Per Gallons Usage Per Gallons Usage Per Gallons
Rate ECU Up To Rate ECU Up To Rate ECU Over Rate
4,000 $3.31 12,000 $4.24 16,000 $6.08 16,000 $9.11
(3) Effective in the January 2022 monthly billing,all senior metered accounts within service area pumped
zones shall pay a monthly pumping charge per 1,000 gallons as follows:
#,of Pumps Rate Per 1,000 Gallons Pumped
1 $2.85
2 $5.70
3 $8.55
(4) Effective in the January 2022 monthly billing,all senior metered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor Percentage of Per ECU Rate.
(Included) Regular Metered
f•
Demand
1 1.00 90% $3.65
2 2.00 90% $7.31
3 2.00 90% $7.31
4 1.25 90% $4.57
5 1.75 90% $6.39
6 2.00 90% $7.31
7 1.50 90% $5.48
(c) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of
charges one(1)through two(2)that follow:
(1) Effective in the January 2022 monthly billing,all senior unmetered accounts shall pay a monthly
demand charge per ECU as follows:
-Billing Area Billing Factor.' Percentage of.,, Per ECU Rate
(Included) Regular Metered_.
Demand
1 1.00 30% $33.24
2 2.00 30% $66.48
3 2.00 30% $66.48
4 1.25 30% $41.55
5 1.75 30% $58.17
6 1 2.00 1 30% $66.48
7 1.50 30% $49.86
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(2) Effective in the January 2022 monthly billing,all senior unmetered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor,. Percentage;of.-; Per.ECU Rate
.(Included) Regular Metered .
Demand'
1 1.00 30% $1.22
2 2.00 30% $2.44
3 2.00 30% $2.44
4 1.25 30% $1.52
5 1.75 30% $2.13
6 2.00 30% $2.44
7 1 1.50 1 30% 1 $1.83
(Code 1971,§23-102;Ord.No.27-1985,§1;Ord. No.48-1986,§1(A)(B);Ord.No.51-1987,§2;Ord. No. 1-1988
;Ord.No.8-1990, §2;Ord.39-1993,§7;Ord. No.35-2011,§8;Ord.No.30-2012,§28;Ord. No.38-2014,§8;
Ord. No.45-2015;Ord. No.38-2016;Ord.No.27-2017;Ord.No.28-2018;Ord. No.24-2019,§1, 11-26-2019;
Ord. No. 17-2020,§ 1, 11-24-2020)
Sec. 25.16.023. Property owners financially liable for unpaid utility charges and fees. in
situations where unpaid water utility charges and fees remain on a finaled owner or tenant account,the current
owner will be financially responsible and liable for these previous amounts due forty-five(45)days after the
transfer of previous owner or tenant.
Sec. 25.16.035. Backflow prevention and cross-connection control.
(a) The purpose of this backflow prevention and cross-connection control program is to protect the City's water
system from contaminants or pollutants that could enter the distribution system by backflow from a
customer's water supply system through the service connection.As a supplier of public drinking water,the
City of Aspen has the authority to survey all service connections within the City's water distribution system to
determine whether any connection is a cross-connection;to control all service connections within the
distribution system that are cross-connections;to charge a fee for the administration of the cross-connection
control program;to maintain records of surveys and the installation,testing and repair of all backflow
prevention assemblies permitted or required under this program;and to administer,implement and enforce
the provisions of this cross-connection control program.
(b) The provisions of this Section apply to all commercial,industrial,multi-family,and single-family residential
service connections with the City's potable water system.
(c) Definitions:
Active Date means the first day that a backflow prevention assembly or backflow prevention method is used
to control a cross-connection in each calendar year.
Air Gap is a physical separation between the free-flowing discharge end of a potable water supply pipeline
and an open or non-pressure receiving vessel installed in accordance with standard AMSE A112.1.2.
eackflow means the undesirable reversal of flow of water or mixtures of water and other liquids,gases,or
other substances into the public water systems distribution system from any source or sources other than its
intended source.
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l
Backflow Contamination Event means backflow into a public water system from an uncontrolled cross
connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or
presents an immediate health and/or safety risk to the public.
Backflow Prevention Assembly means any mechanical assembly installed at a water service line or at a
plumbing fixture to prevent a backflow contamination event,provided that the mechanical assembly is
appropriate for the identified contaminant or pollutant at the cross connection and is an in-line field-testable
assembly.
Backflow Prevention Method means any method and/or non-testable device installed at a water service line
or at a plumbing fixture to prevent a backflow contamination event,provided that the method or non-testable
device is appropriate for the identified contaminant or pollutant at the cross connection.
Certified Cross-Connection Control Technician means a person who possesses a valid Backflow Prevention
Assembly Tester certification from one of the following approved organizations:American Society of Sanitary
Engineering(ASSE)or the American Backflow Prevention Association(ABPA). If a certification has expired,the
certification is invalid.
Containment means the installation of a backflow prevention assembly or a backflow prevention method at
any connection to the City's water system that supplies an auxiliary water system,location,facility,or area such
that backflow from a cross connection into the City's water system is prevented.
Containment by Isolation means the installation of backflow prevention assemblies or backflow prevention
methods at all cross connections identified within a customer's water system such that backflow from a cross
connection into the City's water system is prevented.
Controlled means having an appropriate and properly installed,maintained,and tested or inspected
backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection.
Cross Connection means any connection that could allow any water,fluid,or gas such that the water quality
could present an unacceptable health and/or safety risk to the public,to flow from any pipe,plumbing fixture,or a
customer's water system into a public water system's distribution system or any other part of the public water
system through backflow
Multi-Family means a single residential connection to the City water system's distribution system from which
two(2)or more separate dwelling units are supplied water.
Service Connection means any connection of a water supply or premises plumbing system to the City of
Aspen's water distribution or system.
Single-family means:
(1) A single dwelling which is occupied by a single family and is supplied by a separate service line;or
(2) A single dwelling comprised of multiple living units where each living unit is supplied by a separate
service line.
Uncontrolled means not having an appropriate and/or properly installed and maintained and tested or
inspected backflow prevention assembly or backflow prevention method,or the backflow prevention assembly or
backflow prevention method does not prevent backflow through a cross connection.
Water Supply System means a water distribution system,piping,connection fittings,valves and
appurtenances within a building,structure,or premises.Water supply systems are also referred to commonly as
premises plumbing systems.
(d) Requirements:
(1) Commercial,industrial,multi-family,and single-family service connections shall be subject to a survey
for cross connections.If a cross connection has been identified,an appropriate backflow prevention
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assembly and or method shall be installed at the customer's water service connection within ninety
(90)days of its discovery.The assembly shall be installed downstream of the water meter or as close to
that location as deemed practical by the public water system.If the assembly or method cannot be
installed within ninety(90)days,the Utilities Department shall take action to control or remove the
cross connection,suspend service to the cross connection,and/or receive an alternative compliance
schedule from the Colorado Department of Public Health and Environment.
(2) In no case shall it be permissible to have connections or tees between the meter and the containment
backflow prevention assembly,unless such connections or tees are adequately controlled to achieve
containment by isolation.
a. In instances in which an appropriate backflow preventer cannot be installed to achieve
containment,the property owner must install approved backflow prevention devices or methods
at all cross-connections within the premises plumbing system to achieve containment by
isolation.
(3) Backflow prevention assemblies and methods shall be installed in a location which provides access for
maintenance,testing,and repair,and in accordance with the guidelines and requirements set forth in
the Plumbing Code currently observed by the City of Aspen.
(4) Reduced pressure principle backflow preventers shall not be installed in a manner or location that is
subject to flooding.
(5) Provisions shall be made to provide adequate drainage from the discharge of water from reduced
pressure principle backflow prevention assemblies.Such discharge shall be conveyed in a manner
which does not impact waters of the state.
(6) All assemblies and methods shall be protected to prevent freezing.Those assemblies and methods
used for seasonal services may be removed upon cessation of those seasonal services in lieu of being
protected from freezing.Any and all assemblies and methods that are removed from seasonal points of
service in lieu of being protected from freezing must be reinstalled and tested by a certified cross
connection control technician prior to recommencing seasonal service.
(7) Where a backflow prevention assembly or method is installed on a water supply system using storage
water heating equipment such that thermal expansion causes an increase in pressure,an approved,
listed,and adequately sized expansion tank or other approved device having a similar function to
control thermal expansion shall be installed.
(8) All backflow prevention assemblies shall be inspected and tested at the time of installation and
inspected and tested at least once annually thereafter.Such tests must be conducted by a Certified
Cross-Connection Control Technician. Backflow Inspectors are required to tag inspected backflow
assemblies indicating date of inspection,a pass/fail designation,and their certification information.
This tag requirement includes PVBs on irrigation systems.
(9) The City Utilities Department shall require inspection,testing,maintenance and as needed repairs and
replacement of all backflow prevention assemblies and methods,and of all required installations
within a customer's premises plumbing system in the cases where containment assemblies and or
methods cannot be installed.
(10) All costs for design,installation,maintenance,testing and as needed repair and replacement are to be
borne by the customer.
(11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a backflow
prevention assembly or method will compromise the integrity of the fire sprinkler system.
Created: 2021-06-27 06:59:56 [EST]
(Supp.NO.2,Update 1)
Page 23 of 31
(12) All building plans for new buildings must be submitted to the City of Aspen Water and Engineering
Departments for review and must be approved by both Departments prior to the provision of water
service. Building plans must show:
a. Water service type,service line size,and location;
b. Water meter size and location;
C. Backflow prevention assembly size,type,and location;
d. Fire sprinkler system type,line size,location,and type of backflow prevention assembly.
(13) All fire sprinkler lines shall have a minimum protection of an approved double check valve assembly for
containment of the system.
(14) All glycol(ethylene or propylene),or antifreeze systems shall have an approved reduced pressure
principle backflow preventer for containment.
(15) Dry fire systems shall have an approved double check valve assembly installed upstream of the air
pressure valve.
(16) In cases wherein the installation of a backflow prevention assembly or method will compromise the
integrity of the fire sprinkler system,the City Utilities Department can choose to not require the
backflow protection. In such cases,the City Utilities Department will measure chlorine residual at a
location representative of the service connection once a month and perform periodic bacteriological
testing at the site.If the City Utilities Department suspects water quality issues,the Department will
evaluate the practicability of requiring that the fire sprinkler system be flushed periodically and require
such flushing where practicable.
(e) Backflow prevention assemblies or methods shall be tested by a certified cross-connection control technician
upon installation and tested at least once annually thereafter.The tests shall be conducted at the expense of
the customer.
(1) Any backflow prevention assemblies or methods that are non-testable shall be inspected at least once
annually by a certified cross-connection control technician and replaced at least every five(5)years by
a master plumber.The inspections and replacements shall be made at the expense of the customer.
(2) As necessary,backflow prevention assemblies or methods shall be repaired and retested or replaced
and tested at the expense of the customer whenever the assemblies or methods are found to be
defective.
(3) Testing gauges shall be tested and calibrated for accuracy at least once annually.
(f) Reporting and Recordkeeping:
(1) Copies of records of test reports,repairs and retests,or replacements shall be kept by the customer for
a minimum of three(3)years.
(2) Copies of records of test reports,repairs and retests shall be submitted to the Utilities Department by
mail,e-mail,or hand-delivery by the testing company or testing technician.
(3) Information on test reports shall include,but may not be limited to,
a. Assembly or method type
b. Assembly or method location
C. Assembly make,model and serial number
d. Assembly size
Created: 2021-06-27 06:59:56 [EST]
(Supp.NO.2,Update 1)
Page 24 of 31
e. Test date;and
f. Test results including all results that would justify a pass or fail outcome
g. Certified cross-connection control technician certification agency
h. Technician's certification number
i. Technician's certification expiration date
j. Test kit manufacturer,model,and serial number
k. Test kit calibration date
(4) The Utilities Department must notify the Colorado Department of Public Health and Environment's
Water Quality Control Division(CDPHE)of any suspected or confirmed backflow contamination event
and consult with the CDPHE on any appropriate corrective measures no later than twenty-four(24)
hours after learning of the backflow contamination event.The Utilities Department shall notify the
CDPHE within forty-eight(48)hours after it becomes aware of any backflow prevention and cross-
connection control violation or any backflow prevention and cross-connection control treatment
technique violation.The CDPHE shall distribute public notice of violations as specified in and required
by Colorado Primary Drinking Water Regulation 11.
(g) A properly credentialed representative of the City Utilities Department shall have the right-of-entry to survey
any and all buildings and premises for the presence of cross-connections and/or possible contamination risks
or hazards,and for determining compliance with this Section.This right-of-entry shall be a condition of water
service from the City in order to protect the health,safety,and welfare of customers throughout the City's
water distribution system.
(h) Compliance:
(1) Customers shall cooperate with the installation,inspection,testing, maintenance,and as needed repair
and replacement of backflow prevention assemblies and with the survey process.For any identified
uncontrolled cross-connections,the Utilities Department shall complete one of the following actions
within ninety(90)days of its discovery:
a. Control the cross connection
b. Remove the cross connection
C. Suspend service to the cross connection
(2) The Utilities Department shall give notice of violation in writing to any owner whose plumbing system
has been found to present a risk to the City's water distribution system through any uncontrolled cross
connection(s).The notice shall state that the owner must install a backflow prevention assembly or
method at each service connection to the owner's premises to achieve containment,or that the owner
must install a backflow prevention assembly on each cross-connection hazard on the premises
plumbing system to achieve containment by isolation.The notice of violation will give a date by which
the owner must comply.
a. In instances in which a backflow prevention assembly or method cannot be installed to achieve
containment,the owner must install approved backflow prevention assemblies or methods at all
cross-connections within the owner's water supply system to achieve containment by isolation.
The notice of violation will give a date by which the owner must comply.
(3) On or before May 1,2017,and on or before May 1 of each year thereafter,the Utilities Department
shall develop and submit to the Colorado Department of Public Health and Environment its written
backflow prevention and cross-connection control annual report for the prior calendar year,as
required by Colorado Primary Drinking Water Regulation 11.
Created: 2021-06-27 06:59:56 [EST]
(Supp.NO.2,Update 1)
Page 25 of 31
(i) Violations and Penalties:
(1) It shall be unlawful for any City water customer to operate the customer's premises plumbing system
or water supply system contrary to or in violation of any of the provisions of this Code.
(2) A violation of any of the provisions of the Code shall constitute a misdemeanor,punishable upon
conviction by a fine,imprisonment,or both a fine and improvement,as set forth in Section 1.04.080 of
this Code.A separate offense shall be deemed committed on each day or portion thereof that the
violation of any of the provisions of this Code occurs or continues unabated after the time limit set for
abatement of the violation.
(3) Failure to comply with the terms of this Article,including,but not limited to,failure to pay the
necessary fees,charges and taxes,and failure to otherwise comply with the terms of this Article shall
constitute an offense and a violation thereof. Every person violating this Article shall be punished,upon
conviction,by a fine of not less than fifty dollars($50.00)nor more than five hundred dollars($500.00)
per assembly,or by imprisonment for not more than ten(10)days,or both such fine and imprisonment
for each offense. Delinquency for each calendar month shall constitute a separate offense.
(Ord. No.38-2016;Ord. No. 17-2020,§1,11-24-2020)
a+hap @F 25,24r91 IPPIi Or. RA INICI --,-.I WAUR r-QR RINIMAIMAKING r1IRPOSES
See. 25.24.01-9-3. Definitia-m no.I ng
I�
slopes maintenance and pFeteetien.WateF Utilized fOF snewmaking shall net be used feF Fesidential,cemmeKW e
See. 26.24.0-21-1. Mut-ha—rozat-on—n na con—nt-rark for.the supply of muRieipal water far.snw making
Municipal wateF may only be supplied fOF SnOWFAaking PUFPeses PUFSuant to a eentFaet which is appFeved b
I at a I the fees,
chaFges and Fates established On Secti
25.24.030 below.Any such COMFact may include any additienal teffns eF censideFatiens which the Gety Geuncil
deems aPPFOPFiate.Any sueh 60ntFaet shall be binding upon the paFties fGF the eRtiFe teFFn theFeef undeF the'saffid
Sectle n 25 2 030 below a effect at the Li ne.the,e ntFact was made.
PLIF s
(a) investment and heek up chaFges.The utility investment and heek up chaFges imposed by Sections 25.12.040
and 25.12.060 above shall not apply to the supply ef municipal wateF fOF snewmaking PUFpeses.The
combined utilky investment and heek up chaFges feF such wateF seFY*ee shall be as set feFth belewu
Created: 2021-06-27 06:59:56 [EST]
(Supp.NO.2,Update 1)
Page 26 of 31
Tad Size utwty EGU Meek up
g $z ,eee 60A i0G:o -$-�,
�9 „� 350.1-2:70.0- 7,GW
3� 17&" AA 1 2 04— - 3A,999
in the event a tap size iS Fequesteedd ddifferent than the sizes set fOFth heFein,the Gity ManageF Fnay establish
the eptien ef the Gity,with the FeqUiFement that all wateF utility seWice te domestic and cerweKial custemeFS
bases as aPPFeved by the Gity Council in the indoyidual GOntFacts feF snewmaking seFyiees. in the event that non
date shall be GUt Off eF GUFtailed enly afteF all snewmaking custemm haying GeAtFacts of a lateF dat,-ehayem been
eat e€f.
(1,000)gallons of municipal wateF supplied fOF snewmaking shall be computed as felle
(I) The sum of the"total epeFating expenses befffe shall net apply to the supply of municipal wateF feF snewmakine PUFpeses.The Fate peF one theusand
and the"deffeciatien"figUFes
•
centaffined an the Gity audited financial statement fOF the wateF fund feF the fiVe(5)yeaFs iffiMediatel�.g
contained'n the City WateF Depakment Annual RepOFt feF the five(5)yeaFS iffiMediately pFeCeding
yeaF of use,deFiViAg the Fesultant Fate which as expFessed on teFms ef deliaFs and cents peF ene
thousand(!,goo)gallons,whieh shall be multiplied by the nu.m—heff ef eme thousand(1,000)gallons
change Fesults in an inCFeased chaFge fOF the supply of municipal wateF feF snewmaking PUFPeses that
PF*eF te such change. if the Gity Finance DiFectff(OF cerApaFable efficeF)GORCUFS in such Fecemputed
ehaFge,that Fate shall be paid by the snewmaking wateF useF. in the event ceneWence is not.
obtained,the snewmaking wateF useF,at its sele option and expense,Fnay Fetain a qualified ceFtified
public acceuntant,acceptable to the Gity finance DiFeCtOF(OF COrApaFable efficeF)to make such
Fecemputatiens,which will then be binding upon the Gity and the snewmaking wateF
(2) The Fate so established shall be applied unmfOFMIY fOF the sueceeding peFied Affil
of the following yeaF.The Fate shall be annually Fedeteffnined fOF each Affil l6th thFOUffh-��
(3) The Council is autheFized to chaFge feF such additional cests as aFe necessaFy W faiFly Feflect the costs
of supplying sewice.All such additional costs shall be Feflected in the GOFAFact executed PUFSuant to
n•
,
snewmakingn
shall be defined as snewmaking fOF WhiGh the point of cenneetien te the City wateF syste
located wethin the Gity boundaFees. Fees and Fates feF eUt of City snewmaking shall be deuble these fees and
Fates PFOvided fOF an Subsections(a)and(b)of this Section-.
Created: 2021-06-27 06:59:57 [EST]
(Supp.NO.2,Update 1)
Page 27 of 31
(Code 1971 §23 162;QFd AID 77 1985 f.91
CHAPTER 25.30. WATER EFFICIENT LANDSCAPING STANDARDS
Sec. 25.30.010. Purpose.
(a) Promote the values and benefits of healthy landscapes while recognizing the need to invest water and other
resources as efficiently as possible.
(b) Establish a structure for planning,designing,installing,maintaining,and managing water-efficient landscapes
in new construction and renovated/rehabilitated projects.
(c) Use water efficiently without waste by setting a Maximum Applied Water Budget as an upper limit for water
use and reduce water use to the lowest practical amount.
(Ord.No.16-2017;Ord.No.28-2018;Ord.No.9-2020,§1, 1-28-2020)
Sec. 25.30.020.Adoption of City of Aspen Water Efficient Landscaping Standards
Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the
City of Aspen,there is hereby adopted and incorporated herein by reference as if fully set forth the City of Aspen
Water Efficient Landscaping Standards as may be amended from time to time by City Council Ordinance.At least
one(1)copy of the City of Aspen Water Efficient Landscaping Standards shall be available for inspection at the City
of Aspen Utilities Department,the City of Aspen Parks department,and City of Aspen Community Development
Department.
(Ord. No. 16-2017;Ord. No.28-2018;Ord. No.9-2020,§1, 1-28-2020)
Sec. 25.30.030.Applicability.
(a) After June 22,2017,the City of Aspen Water Efficient Landscaping standards shall apply to the following
projects that use City of Aspen potable water:
(1) Landscaping,grading,installing or disturbing hardscapes,additions to structures,etc.that has a
disturbance area greater than one thousand(1,000)square feet and greater than twenty-five percent
(25%)of the entire lot or parcel.
(2) All building permits that trigger a"substantial remodel"per Title 25 of the Municipal Code,defined as
the increase by fifty percent(50%)or more in the water using capacity of new water using devices or
fixtures installed on a property,as measured by the ECU rating of the existing and proposed
structure(s).
(Ord.No.18-2002§3 [part];Ord.No. 17-2018;Ord. No.28-2018;Ord. No.9-2020, 1-28-2020;Ord. No.9-2020,
§1, 1-28-2020)
Sec. 25.30.040. Review Authority.
Utilities Director,or designee,is authorized to make and enforce the rules and regulations contained in the
Water Efficient Landscaping Standards in order to carry out the intent of the standards and this Chapter.
Created: 2021-06-27 06:59:57 [EST]
(Supp.NO.2,Update 1)
Page 28 of 31
Where no specific or applicable rules,regulations,or standards appear to be set forth in the Water Efficient
Landscaping Standards,other rules,regulations,or standards,and recommended practices,as published by
professional associations,technical organizations,model code groups,and similar entities,may be used by the City
for guidance.
(Ord. No. 16-2017;Ord. No.28-2018;Ord. No.9-2020, 1-28-2020;Ord.No.9-2020,§1, 1-28-2020)
Sec. 25.30.050. Review Procedure.
(a) Review Process.The Utilities Director shall have the authority on behalf of the City of Aspen to
determine that all design and construction is completed to a level that is equal to or exceeds the
requirements set forth in this Chapter and the Water Efficient Landscaping Standards.
(b) Prior to requesting a Final WELS inspection for Landscaping and Irrigation,applicant must appoint a
project lead for Final Packet Submittal. A complete Packet must be submitted through the City's
permitting software to the WELS Plans Review Technician before applicant is authorized to request a
Final inspection from City Staff.
(Ord. No. 16-2017;Ord.No.28-2018;Ord. No.9-2020, 1-28-2020;Ord. No.9-2020,§1, 1-28-2020)
Sec. 25.30.060.Variances.
(a) The City may grant variances to the Water Efficient Landscaping Standards when practical difficulties or
unnecessary hardships exist that cause inconsistencies with the purpose and intent of the standards.
(b) Requests for variances from the standards,policies,or submittal requirements of this document shall be
submitted in writing with appropriate documentation and justification to the City Utilities Director.Variance
requests must,at a minimum,contain the following:
(1) Criteria under which the applicant seeks a variance;
(2) Justification for not complying with the standards;
(3) Proposed alternate criteria or standards to comply with the intent of the criteria;
(4) Supporting documentation,including necessary calculations;
(5) The proposed variance's potential adverse impacts for adjacent landowners;and,
(6) An analysis of the variance request,signed by a qualified landscape professional or qualified irrigation
design professional,depending on the topic of the request.
(c) Upon receipt of a complete application for a variance,the City Utilities Director shall prepare a statement to
recommend that the variance be approved or denied or to request a modification of the proposed variance.
(Ord. No. 16-2017;Ord. No.28-2018;Ord.No.9-2020,§ 1, 1-28-2020)
Sec. 25.30.070. Existing Compliance.
(a) The City may grant a determination of compliance for existing projects or portions of existing properties in
sufficient compliance meeting the minimum standards.
(b) Requests for determination of compliance shall be submitted in writing with appropriate documentation and
justification to the City Utilities Director.Requests for determination of existing compliance must,at a
minimum,contain the following:
Created: 2021-06-27 06:59:57 [EST]
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Page 29 of 31
(1) Landscape and Irrigation Documentation Package;and
(2) Irrigation audit report performed by a third-party certified landscape irrigation auditor.
(c) Upon receipt of a complete application for a determination of existing compliance,the City Utilities Director
shall prepare a statement to recommend that the determination be approved or denied or to request a
modification of the proposed determination.
(Ord.No. 16-2017;Ord. No.28-2018;Ord. No.9-2020,§1, 1-28-2020)
Sec. 25.30.080. Deposit Requirements for City of Aspen Temporary Certificates of Occupancy
or Pitkin County Certificates of Occupancy.
In accordance with the Water Efficient Landscaping Standards,Section 5.8.3,The City of Aspen shall:(a)
Receive the signed Approval Letter from the project applicant;(b)Approve or deny the Approval Letter. If the
Approval Letter is denied,the City of Aspen shall provide information to the project applicant regarding
reapplication,appeal,or other assistance;(c)If a certificate of occupancy is issued in winter months when
landscaping and irrigation systems cannot be inspected for compliance,Aspen Water Department will require a
deposit equal to the identified cost to complete the landscaping and irrigation plan.Once compliance has been
confirmed,the deposit will be returned in full.
Therefore,if a property owner,or their representative,requests a Teqnpo;ary Certificate of Occupancy for
City parcel on City Water or County parcel on City Water prior to complete installation of the landscape-and
irrigation,followed by a third-party audit,and final City of Aspen Approval Letter,the property owner will submit
an estimate to complete the remaining irrigation and landscaping work and pay a deposit as set out below prior to
issuance of the Temporary Certificate of Occupancy.
For project cost estimates,applicant is required to submit remaining project cost details including:plant
costs,labor costs,and irrigation system costs.
Deposit Schedule for Landscaping and Irrigation
Project cost estimate Deposit
$0-50,000 50% --Minimum$5,000.00
$50,000-100,000 25
Over$100,000 15%
(Ord. No.24-2019,§1, 11-26-2019;Ord. No.9-2020,§1, 1-28-2020)
Section 2.
Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced
in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed;provided,however,that such repeal shall not affect or prevent the prosecution
or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to
the taking effect of this Ordinance.
Section 3.
If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this
Created: 2021-06-27 06:S9:S7 [EST]
(Supp.NO.2,Update 1)
Page 30 of 31
Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section,
subsection,clause or phrase thereof,irrespective of the fact that any one or more sections,subsections,sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
Section 4.
This Ordinance shall take effect thirty(30)days after passage,adoption and publication thereof as provided by law.
Section S.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided,and the same
shall be conducted and concluded under such prior ordinances.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED,READ,ORDERED AND PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 9th day of November,2021.
Attest:
t
Nicole Henning,City Clerk Torre, Mayor
FINALLY,adopted,passed,and approved this 23rd day of November,2021.
est: q ,7
Nicole Henning,City Clerk Torre, Mayor
Approved as to form:
/ James R.True,City Attorney
G
Created: 2021-06-27 06:59:57 [EST]
(Supp.NO.2,Update 1)
Page 31 of 31