Sec. 2. - Provisions administered by the director.
Sec. 3. - Liability of city and commission to water consumers.
Sec. 4. - Inspection of premises of water user; fraudulent use of water.
Sec. 5. - Temporary discontinuance of use of water; turn-on fee.
Sec. 6. - Trespassing upon property used by city to furnish water supply.
Sec. 7. - Unlawful to resell water without consent of city; exceptions.
Sec. 8. - Unlawful to deface, damage or obstruct access to appurtenances of water system.
Sec. 9. - Removing or repairing fixtures, meters.
Sec. 11. - Use of meters to determine amount of water used.
Sec. 12. - Failure of meter to register.
Sec. 13. - Meters to be tested upon request of consumer; missed appointment.
Sec. 14. - Separate meter for each consumer; changing to meter of smaller size; charges.
Sec. 15. - Authority of city to terminate service; reinstatement, charges.
Sec. 16. - City required to give notice before terminating service.
Sec. 17. - Opening fire hydrants for private use; permit to contractors, procedure; penalty.
Sec. 18. - Construction meters.
Sec. 19. - Bill adjustments for private side water leaks.
For the purposes of the interpretation and enforcement of this resolution, unless the context specifically indicates otherwise, the following terms, words and phrases shall have the meanings ascribed to them in this section:
City. The City of Winston-Salem, North Carolina, or any duly authorized official(s) acting in behalf of the city.
Commission. The Winston-Salem/Forsyth County Utility Commission.
Consumer or user. The actual user of water service.
County. Forsyth County, North Carolina, including the area within the corporate boundaries of the City of Winston-Salem.
Cross-connection. A connection from the metered service line of a water user to the plumbing system of an unauthorized user, the purpose of which is to evade the legitimate processes for obtaining water. Also, the term "cross-connection" means a connection between a piped distribution system carrying a potable public water supply and secondary piping system, institutional, private or public, providing a water supply, the source of which, prior to the connection, is distinct from and unrelated physically to that of the potable public supply.
Customer. The person responsible for the payment of water bills.
Development. A portion of land, including any single family subdivision, that is being developed to the extent that water service is desirable to realize its full potential.
Director. The assistant city manager for public works of the City of Winston-Salem, or his authorized representative(s).
Irrigation customer. A customer who has an approved meter connection solely for irrigation purposes.
Mailed. Either delivered by utility commission personnel or their agents or by postal employees.
May. "May" is permissive.
Oversize main. A water main extension which, for future extension or other reasons, is larger than required for servicing adjacent property.
Owner. The person holding legal title to the serviced premises; but an owner or tenant leasing, subleasing, renting or occupying a piece of property, or his agent, may make application for water service, subject to the provisions of this resolution.
Person. Any individual, firm, company, association, society, corporation, institution or group as indicated by the context in which used.
Petition or application. The instrument by which one applies for water service.
Plumbing. All pipes, fittings and appurtenances on the property owner's side of the meter, servicing only the property of the owner, including the extension from the service line up to and including all house plumbing.
Schedule A. Pertains to lines within the corporate limits of Winston-Salem, and all lines extending from the city system and remaining a part of the city system prior to consolidation, and lines outside the corporate limits installed by the commission using the assessment procedure.
Schedule B. Pertains to customers who have not completed the required debt service period of twenty-two (22) years for water mains extended under or due in part to the feasibility plan or a county water main extension.
Schedule C. Pertains to customers who obtain water service from a Winston-Salem/Forsyth County Utility Commission maintained water main outside the limits of Forsyth County.
Shall. "Shall" is mandatory.
Subdivision. "Subdivision" shall be defined as used in "Rules and Regulations to Govern the Subdivision of Land in Winston-Salem and Forsyth County, North Carolina," and as set out in North Carolina General Statutes, Sections 160A-376 and 153A-335.
Water base charge. A fee implemented to cover costs associated with reading and inspecting meters, servicing those meters, providing an availability to serve, and billing for services provided.
(Res. of 5-12-08; Res. of 5-11-09; Res. of 9-14-09)
Sec. 2. - Provisions administered by the director.
The director shall administer the provisions of this resolution subject to the policies of the Winston-Salem/Forsyth County Utility Commission.
Sec. 3. - Liability of city and commission to water consumers.
Neither the city nor the commission shall be liable to consumers, owners or any persons for the failure to furnish water for any purpose or under any conditions, for the quantity or the pressure of the water furnished, or the quality of the water past the point of treatment in the distribution system, or for any damage that may result from the shutting off of water from the mains or reservoirs, even though no notice of the shutting off of water shall have been given. All permits and contracts for the use of water from the water system of the city are expressly made subject to the provisions hereof.
Sec. 4. - Inspection of premises of water user; fraudulent use of water.
(a)
Upon the presentation of proper credentials, the director or his authorized representatives may enter the premises of any water consumer at any reasonable time in order to examine the pipes and fixtures, and determine the quantity of water used and the manner of its use.
(b)
In case of fraudulent use of water on the part of the consumer, the supply of water may be cut off from the premises by order of the director, after compliance with the provisions of Section 16 of this resolution.
Sec. 5. - Temporary discontinuance of use of water; turn-on fee.
(a)
When the owner or consumer shall desire to temporarily discontinue the use of water at any premises, notice to that effect shall be given the director prior to the requested cutoff. When the owner or consumer shall fail to give such notice, the base charge (as determined by meter size) shall be charged, unless the meter shall show consumption of water in excess thereof. In case the water is cut off it shall be turned on, when required, upon the payment of a fee of twenty dollars ($20.00).
(b)
Where premises are left unoccupied, with the water not turned off by the city, no rebate will be allowed for water registered by the meter that shall have leaked through any portion of the property side plumbing system.
(c)
Before service is discontinued under this section, all water charges must be paid, including water used to the time of the cutoff.
(d)
No liability will be assumed by the city for damage to the customer's property resulting from such discontinuance of service.
(Res. of 5-11-09)
Sec. 6. - Trespassing upon property used by city to furnish water supply.
It shall be unlawful for any person to enter upon, walk, ride, bathe, swim, boat, skate, hunt, fish or trespass in any manner whatsoever, upon any portion of any pond or reservoir or watershed or any other land or building owned, leased or controlled by the city, for the purpose of providing water, whether such property is located within or without the corporate limits, except as allowed by city ordinance.
Sec. 7. - Unlawful to resell water without consent of city; exceptions.
(a)
It shall be unlawful for any person to resell water purchased from the city without the express written consent of the director; said written consent shall include as a minimum the following conditions for approval:
(1)
The operator of said system must present to the director a certificate of authority from the North Carolina Utility Commission indicating actual water and sewer rates that will be charged;
(2)
The operator of said system shall provide annually a statement of revenue generated by the resale of water;
(3)
All meters used by the operator of the system must comply with American Water Works Association C-700 or C-701 specifications for potable water meters; and
(4)
The operator of the system shall provide adequate public education at initiation and at least annually thereafter of who customers should contact regarding billing questions, water quality concerns, and complaints.
However, this section shall not apply to water used by such purchaser in any manufacturing or bottling process, nor shall it apply to water served or sold to customers in containers having a capacity of not more than fifty (50) gallons, nor shall it apply to any governmental unit purchasing water and reselling it to its residents.
(b)
A violation of this section shall subject the violator to a civil penalty of fifty dollars ($50.00) per day; and each day the violation continues shall be considered a separate and distinct violation. A notice of violation shall be sent to the customer in violation who shall have thirty (30) days from the date of the notice to discontinue the resell of water. If the violator has not discontinued the resell of water within such time, then the civil penalty referred to hereinabove shall begin to accrue. Civil penalties unpaid after thirty (30) days upon receipt of invoice may be collected in a civil action pursuant to G.S. § 160A-175(c).
(Res. of 2-12-01(1); Res. of 10-11-10)
Sec. 8. - Unlawful to deface, damage or obstruct access to appurtenances of water system.
(a)
It shall be unlawful for any person to deface, damage, tamper with or work on any house, reservoir, valve cock, wheel, fireplug, pipe or other fixture connected with or pertaining to the water system, or to place any building material, rubbish or other matter of substances on any valve, stopcock, meter box, water main or service pipe, or to obstruct access to any fixture connected with the water system, or to remove or damage any pipe, fireplug, hydrant, valve or cock or to open or close any of them, except when due authority has been given therefore by the director. The following lists the penalties for each described offense. If an offense is not listed, the offender will be responsible for the repair/replacement of the damaged asset:
| Stolen/Destroyed Meters | Penalty | Due For |
| ⅝" | $200.00 | Each Offense |
| 1" | $300.00 | Each Offense |
| 1.5" | $500.00 | Each Offense |
| 2" | $500.00 | Each Offense |
| AMR transmitter | $150.00 | Each Offense |
| Water Theft | Penalty | Due For |
| ⅝" | $200.00 | Each Offense |
| 1" | $250.00 | Each Offense |
| 1.5" | $300.00 | Each Offense |
| 2" | $350.00 | Each Offense |
| 3" | $500.00 | Each Offense |
| Covered Meters/Boxes/Vaults | Penalty | Due For |
| ⅝"—1" | $500.00 | Each Day Covered |
| 1.5"—2" | $500.00 | Each Day Covered |
| 3" and up | $500.00 | Each Day Covered |
|
Damaged Angle Valves
|
Penalty | Due For |
| Any Size | $100.00 | Each Offense |
| Damaged/Destroyed Meter Locks | Penalty | Due For |
| Any Size/Type | $26.00 | Each Offense |
| Damaged/Destroyed Hydrants | Penalty | Due For |
| Any Size | Cost of repair plus $500.00 fine | Each Offense |
| Damaged/Destroyed Valves | Penalty | Due For |
| Any Size | Cost of repair plus $500.00 fine | Each Offense |
| Damaged/Destroyed Mains | Penalty | Due For |
| Any Size | Cost of repair plus $500.00 fine | Each Offense |
(b)
Any person found to obstruct access to appurtenances of the water system shall be notified of the obstruction in writing and shall have ten (10) days to remove said obstruction. If not removed within ten (10) days of notice, the obstruction shall be moved by the city in order to gain access to the fixture and the offending person shall pay all cost attributable to such actions, and shall be subject to all penalties as prescribed by law.
(Res. of 2-9-09; Res. of 9-14-09)
Sec. 9. - Removing or repairing fixtures, meters.
It shall be unlawful for any person, except an officer or agent authorized by the director, to remove or undertake to repair or in any manner interfere with the water meters or fixtures of the city.
(a)
It shall be unlawful for any person to have a bypass around any water meter or a straight piece of pipe in lieu of a water meter without written permission therefor from the director.
(b)
Installation of such bypasses shall be performed or supervised by the city.
(c)
It shall be unlawful for any person lawfully having a bypass to open or use the same, except when permitted to do so by the director.
(d)
The unauthorized use of such a bypass may result in removal of the meter as well as all other penalties, civil or criminal, provided by law.
Sec. 11. - Use of meters to determine amount of water used.
The meter shall determine the quantity of water for which the consumer shall be charged, and all water passing through the meter shall be charged for whether the same shall have been used or wasted or the premises shall not have been occupied.
Sec. 12. - Failure of meter to register.
Where any meter shall have become locked, so that it has not registered correctly the quantity of water which has passed through since the last reading, the quantity for the month during which the meter has failed to register shall be determined by taking an average of the water consumed during the three (3) months next preceding the month in which the meter has failed to register, and the consumer or owner shall be charged for that quantity.
Sec. 13. - Meters to be tested upon request of consumer; missed appointment.
(1)
Meters shall be tested by the city upon reasonable request by the consumer. Upon requesting a meter test, the consumer shall be notified of a meter test fee of sixty dollars ($60.00) may be charged if the results of the meter test is found to be within the standard level of accuracy as set forth in the American Water Works Association's Standard C700 of 98.5 percent—101.5 percent. If the meter is found to be outside the standard level of accuracy then the fee shall not be charged and the account may be adjusted. Any meter found to be registering consumption that is outside the standard level of accuracy shall be replaced.
(2)
When the owner or consumer requests an investigation of their system to determine the cause of an above average bill, a representative of the Utilities department will perform the investigation. If the owner or consumer misses the scheduled appointment for the investigation, a twenty dollar ($20.00) missed appointment fee may be assessed to the account.
(Res. of 2-9-09; Res. of 9-14-09)
Sec. 14. - Separate meter for each consumer; changing to meter of smaller size; charges.
(a)
Each consumer of water from the city system shall be required to have a separate meter; provided, that one (1) meter may be used for several premises, apartments, blocks of stores, shops and tenement houses where they are the property of the same owner. When one (1) meter feeds multiple tenants, the account shall be maintained in the property owner's name. In case the ownership of one (1) or more of such premises shall pass to another person, separate meters shall at once be installed.
(b)
Any person desiring to have his meter replaced with a smaller meter may do so by making application to the city and by placing with the city a deposit to cover the estimated cost of the reduction, said deposit amount to be determined by the director. Upon receipt of the deposit, the city will change the meter to the reduced size and bill the customer at cost plus fifteen (15) percent. The deposit applies only to the reduction of water meters three (3) inches and larger. There will be no charge for reducing meters of two (2) inches or less to a smaller size. In the event of such meter reduction, the city will not be liable for any reduction in pressure or volume as a result of the change. In the event that an application is received for the installation of a smaller meter and if consumption records indicate that by changing to the smaller meter that the same would be operating above its designed capacity then such application may be denied. If the application is made for a smaller sized meter and the meter is changed as requested and should the applicant find it necessary to reinstall the former meter within one (1) year from the date of the previous change, the work shall be done at cost plus fifteen (15) percent.
Sec. 15. - Authority of city to terminate service; reinstatement, charges.
(a)
The director may order the water cut off and service either temporarily or permanently discontinued for the following violations:
(1)
a.
Nonpayment of water charges (Section 35 of this resolution);
b.
Fraudulent use of water (Section 4 of this resolution);
c.
Unauthorized reconnection of discontinued service (Subsection (e) of this section);
d.
Unlawful use of bypass (Section 10 of this resolution);
e.
Existence of cross-connections (Section 53 of this resolution);
f.
Failure to maintain plumbing or abide by the plumbing code (Section 47 of this resolution);
g.
Violation of regulations related to sprinkler connections (Section 52 of this resolution);
(2)
Existence of other conditions detrimental to the water system or public health and safety.
(b)
When such cutoff order is made for a Schedule A service, and in cases where the meter has been removed or locked out of service, such fee shall be twenty dollars ($20.00) and shall be collected before the meter is installed or unlocked.
(c)
Service will not be reinstated until the conditions bringing about the cutoff have been satisfied and all costs have been paid.
(d)
When any water service is cut off and locked out of service, the lock and locking device used in locking off the water service become a part of the water service connection. Should the lock or locking device placed on the water connection be broken or damaged, the meter will be removed and service will not be reinstated until the city has been paid for all damages to the water connection, meter, lock or locking device. The charges thus paid shall cover all city costs of replacement and repair.
(e)
It shall be unlawful for any person, except the director or his authorized representatives, to turn on the water to any premises from which the water has been cut off by order of the director. If a discontinued service is reinstated without authorization, then the meter may be removed, an additional sixty-five dollar ($65.00) charge levied, and the owner or person responsible for such unauthorized installation will be subject to all penalties, civil or criminal, provided by law.
(Res. of 5-13-02(1); Res. of 9-14-09)
Sec. 16. - City required to give notice before terminating service.
(a)
Before water service to any user is terminated for one (1) or more of the violations listed in subsection (f), the city shall give written notice to the person who contracted for the service and to the actual user (if different) that such service is subject to termination. Such notice shall inform the contracting party:
(1)
Of the nature of the violation, and, in the case of nonpayment of a water bill, the amount of the delinquent account;
(2)
That he has a right to appeal to the director or his authorized representative to determine the validity of the alleged violation or his liability for the delinquent water bill.
(3)
That if he does not appeal within ten (10) days of the date the notice was mailed, his right to such appeal shall be waived and the city may proceed to terminate service and to bill the account for additional penalties as prescribed in Section 35(b) of this resolution, if applicable.
(b)
When such notice is given to a water user who is not responsible for payment of the water bills, such notice shall inform the recipient:
(1)
Of the reason for the proposed termination and the approximate date of cutoff.
(2)
That the user is not responsible for payment of the bill.
(3)
That service will be extended to the user in his own name, provided the user makes satisfactory application for such service.
(c)
In order that the provisions of subsection (b) might be implemented, the director may require a customer to provide the director with the names of all tenants of the customer who receive water service.
(d)
All such notices shall be sent by first-class or certified mail, at the discretion of the director.
(e)
In cases where an appeal is made, water service shall not be terminated either during an investigation or sooner than five (5) days after an investigation has been completed and a letter notifying the customer of the results has been mailed.
(f)
This section shall apply to proposed terminations for the following violations:
(1)
Nonpayment of water charges (Section 33 of this resolution).
(2)
Fraudulent use of water (Section 4 of this resolution).
(3)
Unauthorized reconnection of discontinued service (Section 15(d) and (e) of this resolution)
(4)
Unlawful use of a bypass (Section 10 of this resolution).
(5)
Existence of cross-connections (Section 53 of this resolution).
(6)
Failure to maintain plumbing or abide by the plumbing code (Section 47 of this resolution).
(7)
Violation of regulations related to sprinkler connections (Section 52 of this resolution).
(g)
Hardship provisions exist and apply in cases of excessive water usage caused by concealed leaks, when full payment of the bill would be an unreasonable financial burden on the customer.
(Res. of 5-13-02(1))
Sec. 17. - Opening fire hydrants for private use; permit to contractors, procedure; penalty.
(a)
Private use of water from fire hydrant prohibited; certain contractors exempt with permit; procedure for obtaining. It shall be a policy of the commission to deny permission to use public fire hydrants for construction purposes or any other use than by the fire department, public works department, or public safety officers. However, realizing that modern construction and demolition practices require the availability of high volumes of water, the director will grant permission for the use of fire hydrants consistent with such practices when it has been satisfied that there is not another high volume water source available to the contractor without his incurring unreasonably high costs. In order for a contractor to receive a permit to use water from a public fire hydrant for the aforesaid purposes, he will be required to:
(1)
Make application for such permit at least one (1) day prior to the time he will need the public fire hydrant, and state in his application the location of the hydrant he intends to use. If a private hydrant shall be used, written authorization from the owner of the private hydrant is required to complete an application allowing the city to connect to same.
(2)
Deposit cash or check in the amount of five hundred dollars ($500.00) for each hydrant meter to be used, and two hundred fifty dollars ($250.00) for each public fire hydrant with the utilities division business office. The total deposit will be five hundred dollars ($500.00) for the cost of a two-inch meter and two hundred fifty dollars ($250.00) for the public fire hydrant. All other deposits for ⅝-inch meters will remain at the current rate of two hundred fifty dollars ($250.00). Said deposit shall cover any damage to the hydrant meter and/or public fire hydrant during the period of time required by the applicant. Deposit for the public hydrant shall be waived if a private is used.
(3)
State the number of days the applicant will use the hydrant and/or hydrant meter. Hydrant meters shall be rented for up to six (6) months from the date of application. Due to the high demand for meters it is imperative that customers return them in a timely manner. Therefore, failure to return hydrant meters within the approved six-month period will result in a penalty being charged. All overdue meters will be assessed a fifty dollars ($50.00) per meter per month charge.
(4)
At the end of the period of hydrant and/or hydrant meter usage, the hydrant meter shall be picked up by utilities division staff. The applicant shall be charged for actual consumption of water based upon the applicable rate of the water line servicing the permitted hydrant. A minimum water consumption fee of fifty dollars ($50.00) will be charged on all hydrant permits, to be collected in advance. Total water consumption charges will be deducted from the deposit held by the utilities division business office. The remaining deposit, if any, will be refunded to the applicant, less damages to the public hydrant and/or the hydrant meter.
(b)
City to furnish identification for permitted hydrants and tank trucks. The city will provide the applicant with suitable permit identification which will enable police and fire officers to identify applicants who have obtained proper permits.
(1)
Identification for hydrant permits shall always be onsite where the affected hydrant is in use.
(2)
Identification signs for tank trucks shall be affixed to the rear of each permitted tanker unit.
(c)
City employee to attach connection daily; size and manner of making connection; hours and charges. The city will dispatch an employee of the utilities division to each public hydrant each morning by 8:30 a.m. to attach a connection to the public fire hydrant, such connection being a short section of two-inch pipe including a two-inch gate valve which will be attached to one of the two and one-half (2½) inch hose nozzles and will be equipped on the outlet end with a male two and one-half (2½) inch fire hose connection with the Winston-Salem standard hose thread. The employee of the utilities division will attach this connection to the fire hydrant, open the hydrant using the operating nut of the hydrant thereby enabling the contractor to use the two-inch gate valve for opening and closing the hydrant connection at his discretion without disturbing or using the hydrant operating nut for such purposes. In cases where the hydrant shall be used for one (1) day, the utilities division will remove said connection from the fire hydrant between 4:30 and 6:00 p.m. that afternoon in order that unauthorized persons may not discharge water from the hydrant during the late afternoon or evening hours, and such removal will enable the employee of the utilities division to report each public fire hydrant available for service for fire protection purposes to the fire department. Should the applicant wish to have the usage period increased from 8:30 a.m. to 6:00 p.m. to a longer period of time, or to have the use of any public fire hydrant on holidays, an additional charge of twenty-five dollars ($25.00) will be made to the applicant to help cover the expenses incurred by the city in paying overtime wages to employees of the city beyond the regular hours of 8:30 a.m. to 6:00 p.m. The applicant assumes responsibility for securing and maintaining the hydrant meter. Special maintenance of hydrant and hydrant meter is required during cold weather to prevent freezing; said maintenance is the responsibility of the applicant.
(d)
Perpetual or continuing use permit; procedure for obtaining. When an applicant can clearly show that his business requires that he be permitted to withdraw water from various hydrants on a perpetual or continuing basis, he may be granted a permit to do so under the following procedure:
(1)
An application must be made to the utilities division business office for a permit. Said application must stipulate the number of tank trucks the applicant proposes to use and describe each unit.
(2)
For each unit the applicant shall make a cash deposit in an amount equal to the current cost of an appropriate water meter, which meter is to be mounted on the described tanker unit. The applicant shall also make a consumption deposit for each unit of fifty dollars ($50.00).
(3)
Tanker units with mounted meters must be made available to the staff of the utilities division once bimonthly per calendar year at the utilities division construction and maintenance area for meter reading and maintenance. Failure to adhere to this reading and maintenance schedule will result in a penalty of fifty dollars ($50.00) per permitted tanker unit per occurrence to be added to the balance due. The applicant shall comply with Section 53 regarding cross connections, backflow and back-siphonage control.
(4)
A regular water account will be established for each tanker unit and the applicant will be sent a base charge bill based on the size meter issued to the applicant, which shall be computed according to Section 31(a)(I) rate schedule. Billing adjustments for actual consumption beyond the minimum rate schedule will be made after the tanker unit meter is read by the utilities division's construction and maintenance staff.
(5)
The cash deposit will not be refunded until the meter has been delivered to the utilities division and is found to be in good operating condition. If the meter is not returned in good operating condition, the cost of repair or replacement shall be deducted from the cash deposit. Also, all outstanding water charges must be paid prior to refund of the cash deposit, and any balance due shall be deducted from the cash deposit.
(6)
The applicant will assure the utilities division that his employees have been adequately trained in the operation of fire hydrants and that they will at all times be supplied with proper hydrant wrenches and tools required to prevent damage to the fire hydrant operating nut and hose nozzles; also, hydrant hose connection shall be in accordance with current specifications of the city. Any proven damage to a fire hydrant attributable to the act of an applicant's employees or equipment will be repaired by the city and billed to the applicant at actual cost plus thirty (30) percent. Any balance owed for such repairs shall be paid prior to the refund of the cash deposit, or in the alternative, shall be deducted from the cash deposit before refunding the balance of same.
(e)
Penalty for violation of section. Any person using a public fire hydrant without having first complied with this section shall be guilty of a misdemeanor, and, in addition to any penalties provided for herein, subject to fine and imprisonment as provided by law. In addition to the criminal penalty specified herein, any person withdrawing water from a public fire hydrant, without first obtaining the proper permit, shall be subject to a fee of one hundred dollars ($100.00) per day, per hydrant, per tank truck, said fee to be in the nature of a civil penalty under the provisions of General Statutes, Section 160A-175(c).
(Res. of 8-14-06(1); Res. of 5-11-09)
Sec. 18. - Construction meters.
(1)
The CCUC provides a service to building contractors which allows them to obtain a construction meter for general construction use. The applicant for this service must:
• Make application (provide a city business license #)
• Establish a water account
• Post a deposit of $200.00
(2)
The account will be billed in advance twenty dollars ($20.00) per month for consumption charges. If the meter is found to be used for anything other than construction purposes (i.e. irrigation), the meter will be confiscated and the deposit forfeited.
(Res. of 9-14-09)
Sec. 19. - Bill adjustments for private side water leaks.
The purpose of this policy is to provide a process for a credit adjustment to the water and/or sewer account of a customer who has experienced an emergency situation involving the loss of metered water. The excess metered water will have occurred as a result of conditions beyond normal and reasonable control of the customer or other parties responsible for the use, care and maintenance of fixtures and devices that are a part of the customer's water service system.
It is the customer's responsibility to promptly discover and stop the loss of water. In addition, the customer is responsible for making arrangements to repair or have repaired the fixture(s) or device(s) causing the water loss. Although there is no obligation for the utility commission to adjust accounts when the water has been metered properly, it is the utility commission's desire to encourage customers to make prompt and permanent repairs and to show consideration for the unusual circumstance by sharing the cost of the excessive water usage.
(a)
Customer responsibility.
• The customer must provide information describing the emergency situation or circumstances that resulted in the loss of water. Emails, faxes, and phone calls are an acceptable form of notification. This should include the cause of the water loss, when the problem was discovered, what action was taken to stop the loss of water, and the arrangements made for repairs.
• When a repair is completed, the customer must provide a copy of the plumber's bill or a statement of materials purchased (if the repair was performed by the customer) to the city revenue collector or his authorized representative. Representatives of the city/county utilities division will verify repairs as requested.
(b)
Adjustment procedure.
• If the cause of a high bill is a concealed leak, the billing for the three (3) highest billing periods* shall be adjusted to the average water charge (based on the previous twelve (12) months' consumptions or one thousand two hundred (1,200) cubic feet if previous usage does not exist) plus fifty (50) percent of the water used in excess of the normal usage and a normal sewer bill. However, in no event shall the amount billed on each billing cycle be less than the normal water charge, nor more than ten (10) times the normal water and sewer bill. Adjustments may only be granted on three (3) bills in a two-year period per meter.
• If the cause of a high bill is a leaking fixture, the billing for the three (3) highest billing periods* shall be adjusted to consist of an average bill plus fifty (50) percent of the excess water and sewer above that normally billed during the three (3) billing periods in question. However, in no event shall the amount billed on each bill be less than the normal water charge and the normal sewer charge, nor more than ten (10) times the normal water and sewer bill. Adjustments may only be granted to three (3) bills in a two-year period per meter.
• If the cause of a high bill is a leaking meter (property side yoke-wheel or spud leak) the three (3) highest billing periods* shall be adjusted to consist of an average bill.
* Note: If a twelve-month average is not available (such as with a new customer), the average will be based on one thousand two hundred (1,200) cubic feet of usage bi-monthly for residential accounts. All other account types will be evaluated on a case-by-case basis.
No matter the cause of the leak, any adjustment that exceeds $5,000 must be approved by the utility commission.
(c)
Policy exceptions.
• No adjustment shall be made for the following:
1.
Leaking irrigation systems or lines/sprinkler heads.
2.
Leaks occurring at a location where multiple units are serviced by a master meter (ex. apartment building).
(Res. of 10-11-10)