DEL-CO WATER COMPANY RULES AND REGULATIONS REVISED SEPTEMBER 26, 2018
I. SERVICE CLASSIFICATION There is no distinction of this category except during curtailments.
II. SERVICE APPLICATION
A. Every person (which word as used herein includes any legal entity) who is a record owner of a fee or undivided fee interest or who has a substantial possessory interest in a property served by the water system may become a member of Del-Co Water Company, Inc. (hereinafter the Corporation) upon completing such applications and agreements for the purchase of water as may be required by the Corporation and paying such membership fees as may be imposed by the board of directors, provided that only one membership may be held at any time by any person and, provided further, that only one membership will be issued with respect to any one property. No person shall be denied membership because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs. However, membership may be denied if the capacity of the water system is exhausted by the needs of existing members or if the applicant’s proposed use is such that it would interfere with existing needs or uses or be illegal. A “substantial possessory interest,” as used herein, is one where the person has a legal right to control and occupy a property but does not have legal or equitable ownership of the property such as a tenant or lessee. Where such person and the person who is the record owner of a fee or undivided fee interest to the property both apply for membership, preference will be given to the record owner. (Article 1, Section 1 of Code of Regulations)
B. The Corporation may reject any application for membership or service at a location when the applicant for such service is delinquent in payments to the Corporation at any other service location or if there are delinquent payments to the Corporation for that location. Upon payment in full of such delinquent amounts, the applicant will be eligible for service at the location which is the subject of the application.
C. In the event of a violation of any of the provisions of these rules, bylaws or any other regulation of the Corporation, the Corporation may remove the meter and/or discontinue service. , Prior to the service being restored, and/or the meter being reinstalled, the member shall first pay to the Corporation any service fee(s) of an amount determined by the Corporation, any unpaid water bills, and the minimum monthly water rate multiplied by the number of months the meter has been out of service. If the member voluntarily requests removal of a meter for a definite or indefinite period, the reinstallation charge shall be the minimum monthly water rate multiplied by the number of months the meter has been out of service, or the established tap fee, whichever is the lesser, and/or any service fees or other fees established by the Corporation.
D. The person in whose name the membership application is prepared shall be responsible for payment of all bills incurred. In the event that the member is no longer the owner of the property, all bills and fees become the responsibility of the current record title owner of the property.
E. If a person obtains service at a location but fails to sign the Corporation’s Water User’s Agreement, the acceptance of continued service at that location after notification by the Corporation of the need to sign a Water User’s Agreement shall be deemed to be an acceptance of and agreement to the Corporation’s Water User’s Agreement.
III. INITIAL OR MINIMUM CHARGES
A. The minimum monthly rate, as set up in the water rate schedule for the year, will be payable irrespective of whether an water is used by the member during any month.
B. The current tap fee shall be charged for each new meter installation. Each meter requires a separate payment of the tap fee, and each meter will be billed as a separate individual account.
C. Water furnished for a given residence, multi-family or commercial building, lot or farmstead shall be used only for that location. Each member’s service must be separately metered at a single delivery and metering point. Additional meters and the associated tap fees are required for additional units or land uses on the property unless the property is to be “Master Metered” by the Corporation. Master Metered properties will have capacity / tap fees due for each unit or structure served.
IV. CORPORATION’S AND MEMBER’S RESPONSIBILITIES
A. The Corporation will install, maintain, and operate a water distribution system, including main lines, hydrants, pumping stations, towers, service lines, sources of supply and treatment and other infrastructure. The Corporation may also purchase and install a cutoff valve and meter in each service line from its main distribution line or lines with such cut off valve and meter to be owned and maintained by the Corporation. The Corporation shall have the sole and exclusive right to the use of such cutoff valve. However, the provisions of this section shall not be construed to require the Corporation’s acquisition or installation of meters or cutoff valves at any location. (Article VI, Section 1 of Code of Regulations)
B. Each member will be required, at the member’s expense, to have dug a ditch for the connection of the service line or lines to the dwelling or unit or other portions of the premises and to purchase and have installed the portion of the service line or lines from the premises. The member will maintain such portion of such service line or lines, which shall be owned by the member, at their own expense. Each member may be permitted to have additional service lines from the Corporation’s water system, in the discretion of the board of directors, upon proper application therefore and the tender of payment of the existing connection
charge. The approval by the board of directors of additional service lines to an existing member may be made conditional upon such provisions the Corporation determines necessary to protect the interest of the other members and to allow for the orderly expansion and extension of the system to serve other property that may need service along the distribution lines of the system. Each service line shall connect with the Corporation’s water system at the nearest available place to the location of desired use by the member if the Corporation’s water system has sufficient capacity to permit the delivery of water through a service line at that point without interfering with the delivery of water through a prior service line. (Article VI, Sections 2 & 3 of Code of Regulations)
C. The Corporation does not assume any responsibility for inspecting the member’s piping or equipment.
D. The Corporation reserves the right to refuse service unless the member’s lines or piping are installed in such manner as to prevent cross connections or back-flow.
E. The Corporation shall not be liable for damages of any kind whatsoever resulting from water or the use of water on the member’s premises, unless such damage results directly from negligence on the part of the Corporation. The Corporation shall not be responsible for any damage done by or resulting from any defects in piping, fixtures, or appliances on the member’s premises. The Corporation shall not be responsible for negligence of third-party persons, or forces beyond the control of the Corporation resulting in any interruption of service. In the event of the curtailment, failure, or interruption of service for any reason, the Corporation shall not be liable for consequential damages, but its liability shall be limited to any decrease in the value of the service provided during the affected billing period in an amount not to exceed the minimum monthly bill for the affected member or members.
F. Under normal conditions, the member will be notified of any anticipated interruptions of service.
V. OTHER CONDITIONS OF SERVICE
A. Piping on the premises of the member must be installed so that the connections are conveniently located with respect to the Corporation’s lines and mains and in accordance with the Corporation’s standard requirements.
B. The member shall provide a place of metering that is unobstructed and accessible at all times.
C. The member shall furnish and maintain a private cut off valve on the member’s side of the meter.
D. The member’s piping and apparatus shall be installed and maintained by the member at the member’s expense in a safe and efficient manner and in accordance with the Corporation standard requirement and in full compliance with federal, state, and local regulations.
E. The member shall guarantee proper protection for the Corporation’s property placed on the member’s premises and shall only permit access to authorized representatives of the Corporation.
F. In the event that any loss or damage to the property of the Corporation or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the member, their agent or employees, the cost of the necessary repairs or replacements shall be paid by the member to the Corporation and any liability otherwise resulting shall be assumed by the member. The amount of such loss or damage, or the cost of repairs, shall be added to the member’s bill and if not paid, service may be discontinued by the Corporation.
G. The member shall not sell water to any other person. Water may only be used for irrigation when available in sufficient quantity. Disregard for this rule shall be sufficient cause for refusal or discontinuance of
H. LAWN WATERING RESTRICTIONS Lawn Watering Restrictions may be established by the Corporation, and may be permanent, seasonal, or temporary. Such restrictions will be adopted by Board Policy, a copy of which will be posted on the company website and will be provided to members upon request.
VI. TEMPORARY SERVICES
A. The Corporation will supply service for temporary purposes, provided that water is available in excess of the Corporation’s regular needs, and provided that the Corporation has available material and equipment necessary to supply said service. Each applicant for such service must pay in advance to the Corporation the Corporation estimated cost of labor and materials, less salvage value on removal, for installing and removing such service, unless waived by the corporation.
VII. ACCESS TO PREMISES
A. Duly authorized agents of the Corporation shall have access, at all reasonable hours, to the premises of the member for the purpose of installing or removing Corporation property, inspecting piping, reading or testing meters, or for any other purpose related to the Corporation’s service and facilities.
B. Each member shall grant or cause to be granted or conveyed to the Corporation a permanent easement and right-of-way across any property owned or controlled by the member wherever said easement and right-of-way is necessary for the Corporation’s water facilities and lines to furnish service to the member.
VIII. CHANGE OF OCCUPANCY
A Not less than one week’s notice must be given in person, in writing, via telephone, or email to the Corporation to discontinue service or to change occupancy.
B. The outgoing party from a location will be responsible for all water consumed up to the date in which title is transferred. Service to the premise(s) may be refused until all outstanding bills and fees due are paid in full.
C. The Corporation may issue a service fee for each meter disconnect other than for a change of occupancy.
IX. METER READING – BILLING – COLLECTION
A. Meters will be read and bills provided monthly, but the Corporation reserves the right to vary the dates or length of period covered, temporarily or permanently.
B. Bills for water will be figured in accordance with the Corporation’s published rate schedule and will be based on the amount consumed for the period covered by the meter reading. The minimum bill to a member shall be equal to the minimum charge for one full month’s service.
C. Charge for service commences when the meter is installed, whether the member’s side is physically connected and regardless of whether water is used or not.
D. Readings from different meters will not be combined for billing irrespective of the fact that said meters may be for the same or different premises or the same or different members or for the same or different services.
E. Bills are due when rendered and are delinquent after twenty (20) days. If not paid in forty-five (45) days service may be discontinued by the Corporation.
F. The Corporation may establish fees or penalties for accounts that are past due.
G. Delinquent notices will be mailed if a customer has failed to pay in full two bills and has an amount past due exceeding $45, or a revised amount as determined by the Corporation. These notices will be mailed as final notices and if payment is not made within five (5) days, service may be discontinued.
H. Failure to receive bills or notices shall not prevent such bills from becoming delinquent nor relieve the member from payment.
X. SUSPENSION OF SERVICE
A. Service discontinued for non-payment of bills, will be restored only after all outstanding bills, penalties and fees are paid in full.
B. The Corporation reserves the right to discontinue its service without notice for the following additional reasons:
1. To prevent fraud or abuse.
2. Member’s willful disregard of Corporation rules.
3. Emergency repairs.
4. Insufficiency of supply.
5. Legal requirements.
6. Under direction of valid public authority
7. If an excessive leak or use occurs at a service location, to avoid loss of water and exceedingly high bills.
8. Strike, riot, fire, flood, accident or any unavoidable cause.
9. Customer’s default in payment of any loan agreement or other obligation guaranteed by the Corporation or any installment payments to the Corporation except that notice shall be given as in the case of non-payment of said customer’s water bill.
C. The Corporation may, in addition to prosecution by law, refuse service to any member who tampers with a meter or other measuring device.
XI. COMPLAINTS – ADJUSTMENT
A. If the member believes a bill to be in error, the member shall present a claim, in person or in writing, to the Corporation before the bill becomes delinquent. Such claim, if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service, as to heretofore provided. The member must pay such bill under a protest and said payment shall not prejudice the claim.
B. Protests will be considered by the General Manager. If the member still protests the bill or portion thereof, the member may appeal to the board of directors or designee.
C. The Corporation will make special meter readings at the request of the member for a fee, provided, however, that if such special reading discloses that the meter was over-read, no charge will be made.
D. Meters will be tested at the request of the member upon payment to the Corporation of the actual cost to the Corporation of making the test. If the meter tested meter fails to meet current AWWA standard criteria, the member will be refunded the cost of the meter testing.
E. If a meter fails to register correctly or is stopped for any cause, the member shall pay an amount estimated from the record of previous bills and/or from other appropriate data.
XII. ABRIDGEMENT OR MODIFICATION OF RULES
A. No promise, agreement or representation of any employee of the Corporation shall be binding upon the Corporation except as it shall have been agreed upon in writing, signed and accepted by the acknowledged officer of the Corporation or its duly authorized attorney.
B. No modification of rates or any of the rules and regulations shall be made by any agent of the Corporation.
C. The word “Corporation” used herein applies to Del-Co Water Co., Inc. The word “Member” used herein applies to the members of the Corporation.
D. These rules and regulations are subject to amendment, modification or revision at any time by action of the Board of Directors.
XIII. BACKFLOW PREVENTION & CROSS CONNECTIONS
A. For the purpose of preventing backflow and providing cross connection control in its public water system, the Corporation has adopted the current relevant rules of the Ohio Environmental Protection Agency.
XIV. SPECIAL CONNECTION FEE
A. When an application for service is received with respect to a property or any portion thereof for which the Corporation has been denied or refused an operating easement or right-of-way, the Corporation may charge, in addition to any and all other charges or fees, a special connection fee equal to the then estimated cost of relocating any pipes or other facilities required to serve the property from the public right-of-way within which such facilities were installed or located as a result of such refusal or denial. The purpose of this fee is to reimburse the Corporation for any costs or expenses incurred or anticipated for any past prospective, or future relocation of such facilities and shall be payable whether or not the applicant was the person or entity who or which denied, or refused the Corporation’s request for an easement or right-of-way for such property, or
B. Alternatively, the Corporation may provide the service at the current and regular connection fee. If in the future the Corporation should need to relocate water mains from the public right-of-way to an easement, the Corporation may charge the member for the cost to relocate said water mains at the time of necessity. Failure by the member to pay the cost for relocating the water mains may result in disconnection of service and forfeiture of the water tap and any connection fees up to the amount required to relocate the water mains.
XV. REACTIVATION FEE
A. Should an inactive member request water service, the Corporation may charge a fee the member a fee of no more than 10% of the current tap fee. An inactive member is a member who is not actively using water service and/or not paying minimum bills. This provision does not preclude the Corporation from requiring a member to pay any outstanding bills aside from the inactive period prior to starting water service.
END RULES AND REGULATIONS.
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