DCRWD #11 Rules and Regulations

RULES AND REGULATIONS OF

DELAWARE COUNTY RURAL WATER DISTRICT NO. 11

DELAWARE COUNTY, OKLAHOMA (the “District”)

 

These rules are issued in compliance with the provisions of the Bylaws of the District and are designed to govern the supplying and taking of water service in a uniform manner for the benefit of the District and its members. They are subject to change from time to time by a majority vote of the Board of Directors.

 

DEFINITIONS

 

The following expressions when used herein will have the meaning stated below:

 

APPLICANT: Any individual, firm partnership, corporation or other agency living on or owning land located within the service area who applies to become a Participating Member, as defined in the District’s Bylaws.

 

BENEFIT UNIT: Benefit Unit means a legal right to one service connection to the District’s facilities and to participate in the affairs of the District.

 

PURCHASER: Purchaser shall mean all purchasers of the District’s water.

 

POINT OF DELIVERY: The point of delivery shall be at the meter, unless otherwise specified in the approved application for Water Service.

 

WATER SERVICE: The term Water Service when used in connection with the supplying of water shall mean the availability for use by Purchasers of water adequate to meet the Purchaser’s requirements. Water Service shall be considered available when the District maintains the water supply at a minimum of 25 p.s.i. at the Point of Delivery, in readiness for the Purchaser’s use, regardless of whether or not the Purchaser makes use of it. Water Service shall consist of facilities for supplying water to one residence or business establishment.

 

APPLICATION FOR WATER SERVICE: The agreement or contract between the Purchasers and the District, pursuant to which Water Service is supplied and accepted.

 

GENERAL RULES

 

The supplying and taking of water will be in conformance with these rules and the District’s Bylaws and the applicable rate schedule as may be from time to time amended by the District’s Board of Directors. PROVIDED, FURTHER, that if at any time the Board of Directors determine the total amount derived from the collection of water charges is insufficient for the payment of operation costs, emergency repairs or debt service, the Board shall adjust the water rates according to the provisions as outlined in the organizations by-laws.

 

APPLICATION FOR WATER SERVICE:

 

Applicants for Water Service shall:

 

1. Sign a Benefit Unit Application and Water Users Agreement and pay the current Benefit Unit Fee.

 

2. Give an easement to the District for water lines and connections.

 

3. The Board of Directors must approve all Benefit User Applications.

 

4. If the District is required to lay a new water main line to an applicant’s point of delivery; the applicant will be responsible for all associated costs of the extension.

 

a)       If the District must lay a new line to reach the residence, the District may be required by DEQ to retain a permit or exemption permit especially if the line being laid is over one thousand (1,000) feet.  A permit must be obtained which will take between sixty (60) to ninety (90) days and time must be allowed to purchase materials needed for the project.

b)       All main extensions will be of a size large enough to supply water, not only to the applicant, but also to any future customers with points of delivery (both above and below) along said line.  The applicant will only be responsible for the costs of the water line.

c)       The costs associated with main extensions will vary due to price changes for materials, size of pipe required (to be determined by the district), labor & equipment usage.  These costs will be itemized in the applicants User Agreement and must be agreed upon and paid for before the Benefit Unit is granted.

d)       The applicant will bear the costs of any road bore expenses, permits and other road crossings.

 

 

5. The Applicant shall pay a minimum payment each month from approval of the Application, regardless of usage, or the setting of any meter.

 

6. The Application for Water Service shall provide that the District shall have the right at all reasonable hours to enter upon Purchasers’ premises to read and test meters, inspect piping and to perform other duties for the proper maintenance and operation of service, or to remove its meters and equipment.

 

MANDATORY APPROVALS PRIOR TO HUMAN CONSUMPTION: Until any required septic system approval (or any other or similar approval which may be lawfully required at any time by any health department, ODEQ or other governmental entity or agency having jurisdiction or authority to impose such a requirement) is obtained and furnished to the District, no water service may be connected or used for human consumption in any manner whatsoever (i.e. there shall be no connections to any residence, mobile home, travel trailer, or commercial establishment or any other facility for human consumption) and any connection in contravention hereof is expressly forbidden and may result in forfeiture of the Benefit Unit. It is the intent hereof that a Benefit Unit may be used only for agricultural, construction or similar purposes -- and not for human consumption -- until any and all required health department, ODEQ or similar approvals required for human consumption are obtained by the Applicant / Purchaser and provided to the District.

BILLING PROCEDURES: Payment for Water Service is due and payable by the 15^thday of the month following that in which Water Service was rendered.   If payment is not received prior to the 4^th day of the following month, water service shall be discontinued according to the “WATER SERVICE TERMINATION FOR NON-PAYMENT section of this policy manual.  Billing procedures shall be further outlined and posted in the District’s business office and on the website.

 

WATER SERVICE TERMINATION FOR NON-PAYMENT:

 

1)       Customer’s who fail to pay the entire amount due by the fourth (4^th) day of the following month will have their water meter locked out (disconnection of the water service).  If the 4^th of the month falls on a Friday or the weekend, then the following Monday will be the disconnect date.  If the 4^th falls on a holiday, then the day following the holiday will be the disconnect date.

2)       Customers subject to termination of water service will be charged disconnect and reconnect fees.

3)       Customer’s may avoid termination of service by:

a)       Making payment on the amount in arrears before the scheduled shut-off date

b)       Receiving a hardship deferment and signing a deferred (time) payment plan specifying payment terms before the scheduled shut-off date.

4)       If claiming hardship, a customer may apply for deferred payment before the shut-off date by contacting a representative of the District.   If the hardship qualifies, the customer will sign a deferred payment plan.

5)       Hardships eligible for time payment plans include:  Loss of job; medical emergency; excessive bill (such as one resulting from large leaks); and extraordinary financial difficulties as determined by District Board of Directors.

6)       The maximum length of a deferred payment plan shall be three (3) months.

7)       Minimum monthly payment amounts shall not be less than one third of the total amount dues unless the approved plan specifies.

8)       Deferred payment amounts shall be in addition to the regular service bill amount.

9)       If the customer defaults on any of the time payments, the entire bill becomes immediately due and payable.

10)   A deferred payment plan can not be used in conjunction with an adjustment procedure policy as outlined in the “ADJUSTMENT PROCEDURE POLICY” of this policy manual.

 

CHANGE OF OCCUPANCY: It is the Purchaser’s responsibility to anticipate change of occupancy, and to have a Benefit Unit transferred to the new Purchaser as prescribed by the Bylaws. Until the Benefit Unit is transferred, the registered owner thereof shall be responsible for payments for Water Service. All charges on the account must be paid before the Benefit Unit can be transferred, or Water Service resumed where there has been a suspension.

 

WATER SERVICE IS FOR THE SOLE USE OF THE PURCHASER: A standard Water Service connection is for the sole use of the Applicant or the Purchaser, and does not permit the extension of pipes to transfer water from one property to another, nor to share, resell, or sub-meter water to any other person, firm or entity. If an emergency or specific situation should make such an arrangement necessary, it shall be done only on specific written permission of the Board of Directors for the duration of the emergency. Any Purchaser in violation of this paragraph shall be penalized as herein set forth or as may be prescribed by law:

 

1. Unauthorized water usage, first offense:

 

a. Meter will be disconnected when offense is detected.

 

b. A one thousand dollar ($1,000.00) penalty/reconnect fee (meter tampering fee) will be assessed to the offending Benefit Unit holder.

 

c. Meter will not be reconnected until the one thousand dollar ($1,000.00) penalty/reconnect fee (meter tampering fee) has been paid.

 

2. Second offense: Meter will be disconnected and forfeiture of the Benefit Unit will result.

 

NOTE: ANY OR ALL PERSONS OBSERVED OR OTHERWISE SUSPECTED OF ILLEGALLY TAKING WATER WILL BE BROUGHT TO THE ATTENTION OF THE LOCAL AUTHORITIES FOR AN INVESTIGATION THAT COULD RESULT IN ARREST AND PROSECUTION.

 

AGREEMENTS WITH GOVERNMENTAL AND PUBLIC BODIES: The District may make specific contracts with the Federal Government, the State of Oklahoma, or agencies thereof, school districts, municipal corporations and nonprofit corporations, differing from stipulations set out in the rate schedule and rules.

 

CONTINUITY OF WATER SERVICE: The District will make all reasonable efforts to supply continuous, uninterrupted Water Service. HOWEVER, it shall have the right to interrupt Water Service for the purpose of making repairs, connections, extensions, or for other necessary work. Efforts will be made to notify Purchasers who may be affected by such interruption, but the District will not accept responsibility for losses which might occur due to such necessary interruptions. The District does not accept responsibility for losses which might occur due to interruptions to Water Service caused by storms, strikes, floods, or other causes beyond its control.

 

METERS: Meters will be furnished, installed, owned, inspected, tested and kept in proper operating condition by the District without cost to the Purchaser. A complete record of tests and histories of meters will be kept. Meter tests will be made according to methods of the American Waterworks Association, as often as deemed necessary by its Board of Directors.

 

METER LOCATION: Meters shall be set in an accessible place adjacent to the property line of the Participating Member except where otherwise directed by the District. All meters shall be set horizontally and never connected into a vertical pipe. Meters set outside of a building shall be placed in a meter box furnished and installed by the District. The meter will be set in front of the premises to be served or at the closest point on the Purchaser’s premises as designated by the District. The Purchaser will be responsible for all piping from the dwelling to the collection lines.

 

SERVICES: The District will install and pay for all Water Service pipes from its main to the meters. The service pipe shall not be less than ¾” in size. The District will also install and pay for the stop, meter, meter loop, meter can and lid.

 

METER ACCURACY: Water Service meters with errors not exceeding two percent (2%) fast or slow shall be considered within the allowable limits of accuracy for billing purposes. The percentage of error will be considered as that arrived at by taking the average of the error at full load and that at ten percent (10%) load, unless a Purchaser’s rate of usage is known to be practically constant in which case the error at such constant use will be used.

 

REQUESTED METER TESTS: Meter tests requested by the Purchaser will be performed without cost to the Purchaser if the meter is found to be in excess of two percent (2%) fast. Otherwise, the Purchaser for whom the requested test was made will be charged for the cost of making the test. In no event shall any claim be recognized for alleged overcharges for water charges incurred more than six months prior to the date the Purchaser requests a meter test which reveals an inaccurate meter; and in no event shall the District be liable for any interest on any such claim.

 

PURCHASER’S RESPONSIBILITY: The Purchaser shall be responsible for any damage to the meter, meter loop, meter can and lid installed for Water Service, on account of any cause other than normal wear and tear.

 

MAIN EXTENSIONS: Line extensions will be installed by the Purchaser, when approved by the Board of Directors after application has been made to the District. The Purchaser shall be responsible for the maintenance of the line extension for one (1) year after installation, at which time the ownership of this extension will be transferred to DCRWD #11.

 

EXCESSIVE REQUIREMENTS: In the event an Applicant’s water requirements exceed the District’s ability to supply it without adversely affecting Water Service to other Purchasers to a reasonable extent, the District will not be obligated to render such services, unless and until suitable self-liquidating financing is arranged to cover the necessary investment in an additional plant.

 

CROSS-CONNECTIONS: There shall be no cross-connections made or maintained between the water system of the District or any other system (private or otherwise and all new structures constructed within the District shall, prior to Water Service connections, comply with the plumbing standards of the State of Oklahoma). In addition, all sewage disposal systems shall comply with the standards contained in Oklahoma Department of Health Engineering Bulletin Nos. 600.0587 and 0575. Representatives of the District, the state and local Health Department shall have the right at all reasonable hours to enter upon Purchaser’s premises for the purpose of inspection and enforcement of this provision. Violation of this provision shall constitute cause for disconnection of a Purchaser’s Water Service.

 

ADJUSTMENT PROCEDURE POLICY:  When a Benefit Unit Owner (customer) advises the Water District that a leak has occurred through a particular Benefit Unit, the following policy and procedure for adjustment of the billing shall be followed:

 

1. The Water District will first determine if the leak meets certain criteria and will require documentation from the customer regarding the leak:

a)       The leak was undetectable by the customer (usually underground) and was not the result of a readily detectable leak (usually above ground) i.e. leaking faucets, toilets, hydrants, etc. that should be detected quickly by the customer.

b)       There has been no adjustment for a leak for this Benefit Unit in the past 5 year period.

c)       The customer shall provide repair receipts from a plumber/contractor or copies of bills for plumbing materials used to repair the leak to show that the repair work has been completed, and or the Water District Manager is able to inspect the leak area at the time repair is made.

d)       The Water District Manager agrees that a leak adjustment is deemed pertinent to the event and has justified the customer’s request.

 

1. If the above criteria is met and proper documentation is received by the Water District Manager or Office Manager, the customer shall make written request for adjustment of the account billing as follows:

a)       The owner of the Benefit Unit Certificate of Title (customer) shall give written request, on their own behalf or on behalf of the current user (renter) of the Benefit Unit, for the adjustment of the leak by completing and signing a copy of the Water District’s Leak Adjustment form. The customer shall, by signing the Leak Adjustment form, agree that no additional claim for adjustment for this Benefit Unit shall be made for this occurrence, and shall not request adjustment for any subsequent occurrences within the 5 year period following the adjustment.

 

1. If all of the above criteria is approved by the Water District Manager or Office Manager, the following procedures for account adjustment shall apply.

a)       A maximum of 2 consecutive billing cycles will be approved for adjustment.

A one time deduction of 1/3 of the usage billed above minimum usage will be made as an adjustment for the leak. 

 

For example,Residential Customer A’s water bill for the current billing cycle is $200.00.  At the residential customer’s request to invoke the adjustment procedure policy, Residential Customer A’s bill will now be $141.67.  See below:

 

 

 

RECONNECT POLICY: A disconnect notice will be mailed to the address of record at least five (5) days prior to disconnection date. All charges, penalties and assessments must be paid in full no later than 3:30 p.m. Monday through Friday (excluding holidays). Meters will be reconnected between 8:00 a.m. – 4:00 p.m. Monday through Friday (excluding holidays).