Water System Schedule of Rules and Regulations (Approved Oct. 2009)
1. Application for Service. Each prospective Customer desiring water service may be required to sign Commission’s standard form of application for service or contract before service is supplied, discontinued, or transferred by Commission.
2. Policy of Non-Discrimination. Commission has and holds a policy of not discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income is derived from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act and the Fair and Accurate Credit Transactions Act.
3. Deposit for Residential and Commercial Customers. A deposit or suitable guarantee approximately equal to the average monthly bill may be required of any Customer before water service is supplied. Upon termination of service, deposit may be applied by Commission against unpaid bills of Customer, and if any balance remains after such application is made, said balance shall be refunded to Customer.
4. Point of Delivery. The point of delivery is the water meter. The meter shall be located as designated by the Commission. All piping and equipment beyond this point of delivery shall be provided and maintained by Customer at no expense to Commission.
5. Customer’s Piping – Standards. All Customer’s service piping must be a minimum of 3/4″ in diameter and include a cut-off valve at a point readily accessible to Customer. Customer’s service line must be a minimum of l8″ deep. It must meet the City Ordinance No. 207l, “Standards Concerning Cross-Connections.”
6. Inspections. The M.W.S. shall have the right, but shall not be obligated, to inspect any installation before utility service is introduced, or at any later time, and reserves the right to reject service to any facilities not in compliance with M.W.S.’s standards; but such inspection or failure to inspect or reject shall not be regarded as an assurance against defects in installation or an assurance of the quality or safety of appliances or their installation, and shall not render M.W.S. liable or responsible for any loss or damage to person or property resulting from defects in the installation, or from appliances, or the installation thereof, or from violation of M.W.S.’s Rules and Regulations, or from accidents which may occur upon the applicant’s premises, it being understood that utility installations and their safety shall be the sole responsibility of the applicant. The Applicant further agrees to claim no damage on account of interruption of electrical or water service, it being understood that the rates charged applicant do not contemplate uninterrupted service guarantees.
7. Customer’s Responsibility for Commission’s Property. All meters, service connections, and other equipment furnished by Commission shall be, and remain, the property of Commission. Customer shall provide a space for, if necessary, and shall exercise proper care to protect the property of the Commission on his premises; and, in the event of loss or damage to Commission’s property arising from neglect of Customer to care for same, the cost of the necessary repairs or replacements shall be paid by Customer. Customer may not operate Commission’s cut-off in meter box without expressed permission. Licensed plumbers may be permitted to operate Commission’s cut-off with the proper tools in the absence of other means to cut off service.
8. Right of Access. Commission’s identified employees shall have access to Customer’s premises at all reasonable times for the purpose of reading meters, testing, inspection, repairing, removing, or exchanging any or all equipment belonging to Commission. Customer is also responsible for the protection of Commission’s employees from Customer’s pets and animals.
9. Billing. Bills will be rendered monthly and shall be payable on or before the designated due date of bill at the office of Commission or other authorized designated places. Failure to receive bill will not release Customer from payment obligation. The bill is due and payable on billing date. The final date for paying net amount of bill is no later than l5 days from billing date. Payments after the l5-day period will be subject to a late payment charge. The late payment charge will be computed as a charge of 5 percent of the water bill excluding other charges and sales tax. Should the due date of bill fall on a Saturday, Sunday, or a holiday observed by the United States Postal Service, the business day next following the due date will be held as a day of grace for delivery of payment. Remittances received by mail after the due date will not be subject to such additional charges if the incoming envelope bears a United States Postal Service date stamps of the due date or any date prior thereto.
10. Discontinuance of Service by Commission. Commission may refuse to connect or may discontinue service for the violation of any of its Rules and Regulations, or for violation of any of the provisions of the Schedule of Rates and Charges, or for violation of Customer’s application or Customer’s contract.
Commission may discontinue service to Customer for the theft of water or the appearance of theft devices on the premises of Customer. The discontinuance of service by Commission for any causes as stated in this rule does not release Customer from Customer’s obligation to Commission for any payment of any bills as specified in application of Customer or contract with Customer.
Commission will mail a second notice for any and all delinquent bills stating that unless the bill is paid within five (5) days from the postmark date of the second notice, service is subject to termination without further notice. A notice that service is subject to termination for nonpayment will be printed on the second notice. This notice will include:
(a) The amount due, including any other charges.
(b) The last date of payment to avoid disconnection.
The Service Manager and General Manager are available to hear complaints and disputes if they are not satisfactorily settled with regular Customer Service personnel.
Hearings on disputed bills will be held by appointment at Commissioner’s office between the hours of l0:00 AM and 3:00 PM on any business day. The Service Manager or his designee will hear the evidence, render a decision in writing and shall promptly provide the Customer with a copy of said decision. The customer may not later than noon of the fifth business day after a decision is rendered, submit a request for an appeal hearing conducted by the General Manager. The General Manager will hear evidence and render a final decision in writing and shall promptly provide the Customer with copy of such decision. The Customer requesting a hearing has the right to examine Commission’s records pertaining to that Customer’s service. In addition, the Customer has a right to have a representative at the hearing, to testify and to present witnesses.
The Customer’s service will not be discontinued until after the above procedures have been complied with. A copy of the above hearing and appeal procedures will be posted in Commissions offices. The Commission will exercise special consideration for elderly, handicapped, and severe weather circumstances in applying termination procedures.
11. Reconnection Charge. Whenever service has been discontinued by the Commission, as provided above, or a trip is made for the purpose of discontinuing service, a charge of not less than twenty-five dollars ($25.00) may be collected by Commission before service is restored. Reconnection charges after normal office hours will be according to prevailing overtime cost in effect at that time.
12. Termination of Contract by Customer. Customers who have fulfilled their contract terms and wish to discontinue service must give at least three (3) days’ written notice to that effect, unless contract specifies otherwise. Notice to discontinue service prior to expiration of contract term will not relieve Customer from any minimum or guaranteed payment under any applicable contract or prevailing rate.
13. Temporary Service Charges. Customers requesting water service on a temporary basis will be required by Commission to pay all cost for connection and disconnection related to the supplying and removing of service. A customer using temporary service greater than thirty (30) days will be charged a Facility Charge of $50.00 per month to offset maintenance and depreciation of assets used to provide the service. Actual water usage will be based upon current prevailing rates. In no case shall more than a single meter be connected to a single fire-hydrant.
14. Interruption of Service. Commission will use reasonable diligence in supplying water, but shall not be liable for breach of contract in the event of interruption, or for loss, injury, or damage to persons or property resulting from interruptions in service, or water pressure fluctuation (including cut-off for non-payment), or otherwise unsatisfactory service, whether or not caused by negligence.
15. Notice of Trouble. Customer shall notify Commission immediately should the service be unsatisfactory for any reason, or should there by any defects, or trouble affecting the supply of water. Such notices, if verbal, should be confirmed in writing.
16. Non-Standard Service. Customer shall pay the cost of any special installation necessary to meet his peculiar requirements for service at other than available system pressures. Service in low pressure areas shall be subject to Federal and State Regulations.
17. Relocation of Water Service Facilities. Commission may, at the request of Customer, relocate or change existing Commission-owned equipment. Customer shall reimburse Commission for such changes at actual cost including pipe lines.
18. Misuse of Water. Use of water from sprinkler connections and unmetered fire hydrants or fire mains, private or public, for any purpose other than emergency fire fighting is strictly forbidden. Violation of this rule will subject the Customer to possible discontinuance of service and/or other remedies.
19. Resale of Water Services. All purchased water services (other than Emergency or Standby) used on the premises of Customer shall be supplied exclusively by Commission and Customer shall not, directly or indirectly, sell, sublet, assign or otherwise dispose of any water service or any part thereof without the written approval of Commission.
20. Rate Violation. In case of violation of application of the rate schedule, the Customer shall be subject to a multiple rate structure.
21. Scope. This Schedule of Rules and Regulations is a part of all contracts for receiving water service from Commission, and applies to all service received from Commission, whether the service is based upon contract, agreement, signed application, or otherwise. A copy of this schedule, together with a copy of Commission’s Schedule of Rates and Charges, shall be kept open to inspection at the Offices of the Commission.
22. Revisions. Except as provided above in section 20, these Rules and Regulations may be revised, amended, supplemented, or otherwise changed from time to time without notice. Such changes, when effective, shall have the same force as the present Rules and Regulations and will be kept open to inspection at the offices of Commission.
23. Conflict. In case of conflict between any provision of any rate schedule and the Schedule of Rules and Regulations, the rate schedule shall apply.
24. Miscellaneous Service Charges. A Miscellaneous Service Charge will be billed to the Customer for the following reasons:
- Returned Check Charge $35.00
- Connect Charge during Office Hours $35.00
- Reconnect Charge for Non-Payment $35.00
- Connect, Disconnect, Reconnect Service after Hrs $75.00
- Customer Compliance with Commission Rules Repairs $75.00