Conditions of Service

of

Doe Bay Water Users Association

Governing the Use and Supply of Water

 

I  GENERAL  CONDITIONS  AND  RESTRICTIONS

1.   Conditions of Service as a Contract

a.   Agreement for Service

These Conditions of Service (C/S) are a part of every contract or agreement for service, whether written, oral or implied between Doe Bay Water Users Association (DBWUA) and each water user in the DBWUA.  DBWUA will enforce these C/S with respect to the water user.

 

These C/S are adopted by the Board of Directors of the DBWUA and may be modified from time to time and such modifications will apply to all users.  The continuance of the water user to take water or continue membership after amendment or change of these C/S shall be deemed an acceptance of such amendment or change.

 

Design and Construction Standards, Application for Membership/Water Service and Agreement to Conditions of Service, Bylaws of DBWUA, applicable San Juan County and State of Washington laws and codes, Rules for the Control of Cross Connections, and policies of the DBWUA shall be considered a part of these C/S.

 

These C/S are assigned to the property for which service is provided.  No transfer of membership shall be conducted until conformance to these C/S is assured.  No service will be provided except to rightful members of DBWUA.

 

b.   Statement of Agents

No agent and/or employee of DBWUA has authority to make any promise, agreement, or representation inconsistent with the provisions of these C/S or to waive their application to any water user.

 

c.   Purpose

These C/S are designed to facilitate the implementation of DBWUA policies regarding the conditions and methods of use of water service by the DBWUA customer.  In addition, they define the conditions and method of the supply of water by DBWUA as well as the construction, inspection and billing service furnished by DBWUA.  They are designed to ensure adequate design, construction, management, maintenance and operation practices so that DBWUA can provide high quality drinking water in a reliable manner and in a quantity suitable for intended use.  If any section, paragraph, subdivision, clause, phrase, or provision of these C/S shall be judged invalid or held unconstitutional, it shall not affect the validity of these C/S

as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.

 

d.   Criteria

Conditions, practices, materials, and specifications not expressly set down in these C/S shall be subject to the current Department of Health (DOH) Group A Public Water Systems Water Works Standard, the American Public Works Association (APWA) Standard Construction Practices, the DBWUA bylaws, or the American Water Works Association (AWWA) Standards whichever is most restrictive.

 

2.   Definitions

a.   Applicant ­ The owner of property of his/her agent making a written request for any service to be provided by DBWUA.

 

b.   Customer ­ The owner of the premises being served who is legally responsible for payment of charges to DBWUA for water or other services furnished by DBWUA.

 

c.   Occupant ­ The person actually in possession or control of any premises or part thereof.

 

d.   Owner ­ The person who has legal or equitable title to any premises.  The owner is considered by DBWUA to be responsible for all actions of tenants, contractors, or other persons or entities occurring on the property.  The owner is the party required to ensure compliance with these C/S.  A properly identified and authorized agent of the owner representing the owner on any matter is considered to legally represent the owner in all matters before DBWUA unless the owner specifically distinguishes the agent¹s area of responsibility.  In these C/S the term ³owner² is also meant to include the term ³owner¹s agent².  DBWUA may require a written declaration from the owner designating the agent.

 

e.   Contractor ­ The owner, person, or firm hired by the owner to install maintain, or alter any facilities on any premises including the water service line.

 

f.    Premises ­ The integral property or area, including improvements thereon, to which water service is or will be provided.  This is typically a single tax parcel, but may also be considered, at DBWUA¹s sole discretion, as a group of properties operated as a related, common, and logical entity.

 

g.   Water Supply ­ That part of the water system between and including the water source and the end of DBWUA¹s service connection at the downstream joint of the meter setting.

 

h.   Distribution Main ­ A pipe owned by DBWUA or under its effective control and capable of supplying more than one (1) customer.

 

i.    Service Connection ­ The pipe, valves, and all required appurtenances used to carry water between the distribution main and the downstream joint of the meter setting of the premises to be served. 

 

j.    Service Line ­ A water service line owned and maintained by the owner of the premises, supplying water from the downstream joint of the meter setting to the premises.

 

k.   Governing Rules ­ The aggregate body of codes, regulations, policy, and law identified in I.1.a and I.1.d above.

 

3.   Work to be Performed

a.   DBWUA

No persons other than DBWUA personnel or persons specifically authorized by DBWUA shall be permitted to tap or make a service connection with any distribution main in service.  DBWUA will do no plumbing of service lines except under emergency conditions as determined by DBWUA.  All costs of such plumbing or any damage done to customer property by DBWUA personnel in responding to a service line emergency shall be the responsibility of the owner.  DBWUA may require the owner to complete the repair beyond DBWUA¹s emergency action.

 

b.   Contractor

The contractor will attach the service line to the outlet of the meter setter, lay the water service line into the house, and attach it to the house plumbing.  Such work shall not be performed unless a hook-up has been arranged with DBWUA.

 

4.   Supply of Water

a.   Quantity and Pressure

DBWUA endeavors to maintain an adequate quantity of water at a reasonable pressure at all times.  DBWUA reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs, extensions, or for other necessary purposes.  It is expressly understood that DBWUA shall not be liable for a deficiency or failure in the supply of water or the pressure thereof for any cause whatsoever, or for any damage caused thereby, or for the bursting or breaking of any main or service line or any direct or indirect attachment to DBWUA property.  All customers having installations upon customer¹s premises or on the property of others that depend upon continuous pressure in DBWUA pipes are cautioned against danger of rupture or lack or pressure.  All damage shall be borne exclusively by the customer.  Customer-owned pressure regulators are strongly recommended on service lines.

 

b.   Quality

DBWUA endeavors to maintain water quality exceeding minimum state sanitary standards in its mains at all times.  In the interest of public health, DBWUA will not knowingly permit its mains or services to be connected with any service line or piping which is connected to any source of water supply not approved by the DOH unless protected by approved means.  DBWUA will also not knowingly permit its mains or services to be connected in any way to any piping, tank, vat, or other apparatus which contains liquids, chemicals, or any other matter which might flow back into DBWUA¹s services or mains and consequently endanger or compromise the water supply.  Without limiting the foregoing, DBWUA shall not knowingly permit any connection that does not comply with approved Cross-Connection Control rules.

 

c.   Failure

(1) Emergencies

DBWUA reserves the right, in its discretion, in periods of drought or emergency or when deemed essential to the protection of the public health, safety, and welfare, to restrict, curtail, or prohibit the use of water for secondary purposes such as sprinkling, car washing, or filling swimming pools and shall have the right to fix the hours and periods when water may be used for such purposes.

 

(2) Accident or Repair

DBWUA may at any time shut off the water in case of accident or for the purpose of making connections, alterations, repairs, changes, or for other reasons and may restrict the use of water to reserve a sufficient supply for public fire service or other emergencies whenever the public welfare may require it.  DBWUA, its employees and/or officers shall not be liable for any damage which may result to any person, property, or premises because of such shut-off, even when no notice is given.  DBWUA will, as far as circumstances permit, notify customers to be affected by any scheduled interruptions in the water service.

 

 

5.   Inspectors

Properly identified employees of DBWUA or DBWUA¹s authorized and properly identified agents must be permitted to enter upon any premises where service is provided during reasonable times for the purposes of installing, reading, removing, or repairing meters or for the inspection of the service line or to insure that water service is being used as represented upon the water application.

 

6.   Territorial Limits for the Supply of Water

a.   Boundaries

DBWUA¹s authority to provide water is limited to the service area as described in the bylaws.  Extensions of distribution mains within this area are subject to review and approval by DBWUA for compliance with these C/S, Design and Performance Standards, and other applicable governing statutes. Extensions are conditional upon there being sufficient water supply and distribution capacity.

 

b.   Eligibility

All persons or entities desiring service from DBWUA within the service area described in the bylaws shall apply to DBWUA and shall be subject to the governing statutes and shall be subject to such rates and fees as are established and amended from time to time.  DBWUA reserves the right to refuse any application from such potential users and to discontinue the supply of water to such users at any time on the conditions stated in these C/S.

 

7.   Easements through Private Property

In case proposed water lines pass through premises other than public right of way or otherwise allowing access for DBWUA, no connection will be made until a proper easement shall have been secured and recorded in the San Juan County assessor¹s office with a copy delivered to the DBWUA office.  The filing of such easement does not obligate DBWUA to provide nor maintain such service.

 

8.   Prohibitions

a.   DBWUA property

No person shall injure, tamper, remove, operate, damage, replace or interfere with any equipment, building, meter, seal, street valve, corporation stop, valve box, hydrant, or other appurtenances or divert water from mains or cut into any water pipe or main belonging to and/or serviced by the DBWUA system without the express permission of DBWUA.  The control of the water supply by the customer shall be by means of a valve located after the meter setting if the customer chooses to install one.

 

b.   Hydrant Use

No person shall open, use, draw water from or in any manner interfere with any hydrant in the DBWUA system without the express permission of DBWUA or unless in the active control of any fire under the direct supervision of the fire district and only with the use of a standard hydrant wrench.  No person shall break, deface, injure, remove or in any manner tamper with any hydrant or any part thereof.  Hydrants shall be operated slowly so as to minimize water hammer or pressure surges and the subsequent damage to property.

 

 

 

c.    Bulk Water

Use of a hydrant for bulk water hauling shall be done at DBWUA approved stations, with prior permission, using such equipment as DBWUA supplies and, if done commercially, in tanks approved by SJC for the purpose of hauling potable water.

 

 

c.   Sub-metering

(1) DBWUA shall allow and shall provide only one service point to each premise operated as a related, common, and logical entity.  DBWUA shall allow and supply only one meter to a single tax parcel.  Additionally, DBWUA shall allow and supply only one meter to a building or group of buildings that has been developed and/or redeveloped and/or sold in accordance with a condominium plan, or to any building or buildings that are owned by one or more cooperative corporations, or to any other adjacent or contiguous buildings that are owned by one or more cooperative corporations, or to any other form of common ownership and operated under any form of common management agreement.  Additionally, DBWUA reserves the right to allow and supply only one meter whenever contiguous developed properties have common ownership.  The meter must be placed to cover all the fixtures connected with the service line, and must be in a position where it can be conveniently read.  The meter location is subject to the approval of DBWUA.

 

    (1) Any additional meters for sub-metering must be furnished, installed and maintained by the owner at his own cost and expense, and must be placed so as not to divert any water from passing through the meter supplied by DBWUA.  All water must pass through DBWUA¹s meter before passing through additional meters.  These additional meters will neither be read nor used for billing purposes by DBWUA for the customer(s).  It shall be understood that any premises with additional meters used for sub-metering will receive only one billing per billing cycle per service based on the readings from the DBWUA-owned meter.

 

 

 

 

d.   Wells and Other Sources of Water

No water from wells, unapproved water supplies or other sources of water shall be interconnected to the DBWUA water system without the specific permission of DBWUA.  DBWUA shall be under no obligation to grant such permission.

 

 

 

II  APPLICATION  FOR  SERVICE

 

1.   Forms

No water service shall be laid, enlarged, or discontinued at or on a premise without filing an application for water service with DBWUA.  Applications for water service shall be made on forms furnished by DBWUA, signed by the owner and accompanied by the appropriate fees.  When approved and accepted by DBWUA, the application shall constitute a contract between DBWUA and the applicant obligating the applicant to honor DBWUA¹s rates and fees for water current at the time of payment, to pay DBWUA for services performed on behalf of the customer, and to comply with these C/S and the DBWUA bylaws as they presently exist or may be amended from time to time.

 

2.   Work Performed

Any person or party doing work under an application for service shall be considered agent(s) of the owners during the progress of the work.  Any person or party doing work under an approved DBWUA application shall be bound by all bylaws, C/S or other relevant codes or regulations known as the governing rules.  If such a person or party violates these rules, the forfeiture or suspension of the application will occur.  Issuing of future applications to the violating person, party, or agent may be suspended or denied for continued or flagrant abuses of the governing rules or other inability to comply with them for any reason.

 

3.   General

a.   Water Available to premises

Applications will be accepted subject to there being an existing and acceptable DBWUA-owned main in a street or right of way abutting on the premises to be served, but acceptance shall in no way obligate DBWUA to extend its mains to serve the premises.  Further, applicants are cautioned to insure that adequate pressure and fire flow exists to serve their property before making a decision to apply for membership.

 

b.   Plan

An application shall include a plat plan showing lot boundaries, tax parcel number location of main, and proposed service connection.

 

c.   Inspection

Work done under an application shall not be backfilled or covered until leakage tests, measurements, and inspections acceptable to DBWUA have been performed.  Work covered before acceptable inspections have been conducted shall be uncovered at the owner¹s expense before such an inspection can be made.  No service to a property will be provided until all inspections have been satisfactorily completed.

 

 

 

4.   Owner of Property Liable for Charges

All charges relating to water service and repairs shall be a charge against the owner of the premises connected with DBWUA water mains and such owner shall be held liable for all such accounts and charges.

 

In default of any payment of such charges, the consumption charge and any other charges may become a lien upon the premises served, as provided by local law.

 

III  INSTALLATION  AND  MAINTENANCE  OF  WATER  SERVICE

 

1.   Right to Reject Service

DBWUA may refuse to connect with any piping system or furnish water through one already connected if such system is not properly installed and maintained in accordance with DBWUA requirements.

 

2.   Taps

a.   Size

DBWUA will determine the size of the tap to be inserted in any water main under any application.  The applicant is required to provide peak flow requirements, distance from the main, and elevation in order that DBWUA can determine the proper tap size.

b.   Separate Service Line

Each premise must have one distinct and separate service line and meter.

c.   Illegal Connections

No fixture shall be attached to or any branch made in the water service line between the meter and the street main.

d.   Tapping done by DBWUA

All tapping of distribution mains in service will be done by DBWUA or its authorized agents and no other person will be allowed to make such taps.

 

3.   Trench and Service Connection Specifications

See Distribution System Design and Construction Standards for these specifications.

 

4.   Water Service Line Maintenance

a.   Water Service Line Responsibility

The Owner of property into which water is introduced by an DBWUA water service connection will be required to maintain in good working condition, at the Owner¹s expense, the water service line from the outlet of the meter or, if so equipped, the meter setter.  The Owner is responsible for maintaining access to the service connection including the meter.  DBWUA is responsible for the maintenance of the service connection from the main to the outlet of the meter or, if so equipped, the meter setter.

 

 

 

b.   Repair of Water Service Lines

Within ten (10) days of the issuance of a written notice, a customer must repair a defective service line.  If such repairs are not made, DBWUA may shut off the water until such repairs are made.  In an emergency, DBWUA reserves the right to make temporary repairs without written notice and charge the expense thereof against the Owner of the premises.

 

c.   Interference with Facilities

No person shall turn the water on or off at any street valve, corporation stop, curb valve, meter valve, or any other street connection or valve ahead of the meter.  No person shall disconnect or remove any meter except DBWUA personnel or DBWUA¹s authorized agents.  DBWUA may grant limited and specific permission to operate these valves or remove the meter at the customer¹s own risk but in no case shall a blanket permission be given or construed. 

 

d.   Defect in Customer¹s Water Service Line

DBWUA shall in no event be liable for any damage or inconvenience caused by reasons of any break, failure, leak, or defect in the customer¹s water service line, meter, plumbing or fixtures.  The Owner is encouraged to install appropriate fixtures such as pressure regulating valves and relief valves appropriate for the severe pressure gradients experienced in the DBWUA system.  The Owner shall cause, at the Owner¹s expense, any existing customer-owned service line (or portion thereof) to be upgraded to current standards if excavation shows it to be below standards required by these regulations.

 

e.   Internal Plumbing

A service call resulting from a customer¹s internal plumbing condition will be chargeable to the customer.  Internal plumbing problems shall be handled by the home owner or his plumber.

 

f.    Abandoned Services

Any service connection to a premise that has been inactive for one year shall be considered abandoned and shall be turned off at the main after informing the owner in writing of the action.  The turn-off and any subsequent turn-on shall be at the owner¹s expense.  If the Owner contacts DBWUA once a year informing DBWUA of the intention to use the service connection, this rule may be waived if, in DBWUA¹s satisfaction, the dormant service connection will pose no hazard or interference with the operation of the system.

 

g.   Discontinued Service

A permanently discontinued service is one that is physically disconnected at the main in a manner that will prevent future leakage, contamination, and accidental dig-up.  A temporarily discontinued service is one that has been shut off by DBWUA personnel, documented, and is rendered unusable until DBWUA personnel reinstate service.

 

h.   Location

The customer is responsible for identifying the location of any water pipes on their property.  Any damage resulting from DBWUA wrongfully indicating the location of a customer-owned pipe shall be the owner¹s responsibility.

 

5.   Winter Provisions

a.   Winter Service Installations

Any service connection or tap required between December 1st and March 1st will be required to pay an additional fee.

 

b.   Frozen Service

DBWUA will maintain service connections in order to avoid freezing problems.  Where the protective earth cover over a service connection or meter setting has been altered by the owner so as to expose these facilities to freezing, an appropriate remedy will be made by DBWUA at the Owner¹s expense.  Any freezing of the Owner¹s service line shall be corrected at the Owner¹s expense.

 

IV METERS

1.   Meter Installations

a.         DBWUA to Furnish Meters

DBWUA will furnish and install for each customer a suitable meter and will keep the same in repair.  DBWUA will own all meter used as the basis for billing.  In the case of meters one (1) inch or less in size, the meter will be provided as part of the hook-up fee.  In the case of meters one (1) inch and over in size, the customer will bear the entire expense of the meter and its installation.  In case of misuse, abuse, negligence, or damage by frost, hot water, or other external causes, the expense of repair by DBWUA will be billed to the owner and paid by the owner.  Any required change in a customer¹s method of metering caused by the customer¹s change in consumption or by a customer¹s preference shall be paid by the Owner.  Occupancy of premises must not occur until the water service to that premises has been metered.

 

b.         Meter Space and Location

The Owner shall at all times provide a safe and readily accessible and protected location for the installation of a meter at such point as will control the entire supply to the premises.  This location must be acceptable to DBWUA as most convenient for it service so that the meter may be easily approached, examined, read, removed or serviced.  The Owner shall remove overhanging vegetation and regularly clear an area two (2) feet around the meter setting if placed in an outside location.  The owner shall not do something that results in flooding, freezing, vandalizing, or otherwise making the meter setting unfit for its intended purpose. The cost of repairing damage caused by the customer shall be a charge against the customer.

 

c.         Backflow Prevention

Where it is deemed necessary by DBWUA, backflow prevention devices shall be installed by the owner at the Owner¹s expense to prevent the return of water from the internal house plumbing back through the meter toward the street service connection.  All backflow prevention devices shall be state and AWWA approved.

 

d.         By-Passes

Meters two (2) inches or larger in size shall be installed with by-passes, so that meters may be removed for testing or repairs without hindering the supply of water.  Meter installations without bypasses are subject to the interruption of service.

 

 

e.         Spacer Pipes

Any spacer pipe (jumper, idler bar) installed in place of a meter shall not be tampered with and subject to the same restrictions and penalties as a meter.  Such devices are to be installed only by DBWUA personnel.

 

2.   Ownership

All meters installed by DBWUA as part of a service application shall remain the property of DBWUA and property owners on whose premises such meters are installed will be held responsible for their safekeeping.

 

3.   Seals

All seals installed by DBWUA are only to be broken, disconnected, or disturbed by DBWUA personnel.  If a meter seal is broken, the meter will be removed, tested, and replaced at the expense of the owner.  In addition, the owner will be billed for the highest amount of water metered over a similar period for the last five (5) years.

 

4.   Unaccounted-for Water

In case of any changes or additions in piping for the use of distribution of water which is not accounted for by the meter, a proper charge for such unmetered water shall be made.  The amount of the charge shall be wholly at the discretion of DBWUA.

 

5.   Remote Reading Devices

DBWUA will, at its option, install and own remote reading devices mounted near the meter setting at a location determined by DBWUA.  This device will be used to facilitate the reading of meters, but the reading on the water meter shall be used as the correct reading in case of discrepancy regardless of the reading on the remote reading device.  DBWUA will accommodate the customer¹s needs and wishes as they are consistent with these criteria.  The customer shall provide for the protection, continued accessibility, and safety of the remote reading devices.

 

6.   Inspection of Premises

The customer shall grant employees of DBWUA who have properly identified themselves, permission at a reasonable time to enter the premises of the water user for the purposes of examining the pipes, meter, and fixtures or for ascertaining the quantity of water used and the manner of its use.

 

7.   Request Tests

Any customer may request DBWUA to make a special test of the accuracy of a meter.  Should the said meter be found upon said test to over-register by four (4) percent or more, the customer¹s bill shall be adjusted for a maximum of two billing periods prior to the date of the customer¹s request.  The customer is invited to observe the test and is entitled to a clear explanation of the test procedure.  If the meter is found to under-register by four (4) percent or more, the customer¹s bill shall be adjusted for a maximum of two billing periods prior to the date of the customer¹s request.  In the event that a meter is determined to be under-registering or within normal registration limits, the owner shall bear the cost of a meter test.

 

Testing by DBWUA

DBWUA reserves the right to remove and test any meter at any time and to substitute another meter in its place at no charge to the customer.

 

8.   Reading the Meters

a.         Schedule

DBWUA will endeavor to collect water meter readings on a regular schedule.  The readings will be conducted by either an DBWUA employee, an agent authorized by DBWUA, an owner, or an owner¹s designated representative.  These readings will be the basis of the subsequent water bill.

 

b.         DBWUA Readings

When a meter is not reasonable accessible to the meter reader, a card will be left at the premises requiring the customer to provide a reading to the DBWUA offices within a specific time period.

Should no reading be received within the stated time period, DBWUA will generate and issue an estimated bill based on meter size, number of units, and past consumption history.  Once an accurate meter reading is obtained, a subsequent bill will be generated and issued.  Credit for an over-estimated bill will be provided, if applicable, only for one previous reading at the then current rate.  DBWUA reserves the right to reject any meter reading taken by other than an DBWUA employee.

 

 

c.         Customer Self-Read Program

DBWUA may institute a customer self-read program for part or all of its service area for the purpose of facilitating billings.

 

V. HYDRANTS, VALVES, AND  OTHER  APPURTENANCE

 

1.   General

No person shall damage or interfere with any equipment or building belonging to the DBWUA water system, tamper with meters, divert water from mains, use water without permission, cut into any water pipe or main, operate any valves, or take water from any public fire hydrant for any use other than fire protection purposes unless specifically authorized in writing by DBWUA.  No person shall place any structure, road, or engage in any construction or alteration of the earth cover within ten (10) feet of any DBWUA pipe without express written permission from DBWUA.

 

An Owner or an Owner¹s contractor shall conform to the requirements of these C/S as presently in effect and as the same may be modified from time to time where and when any work of the Owner will be in the vicinity of the DBWUA-owned system.  The Owner shall so conduct his operations that no harm or damage will come to the DBWUA water system or other facilities.  Wherever any construction will cross over, above, below, or parallel any DBWUA pipe or facilities, the exact relationship of the existing and proposed facilities and the construction operations thereof shall be determined prior to the installation or construction of the proposed facility or pipeline.  If the intervening space between the existing pipe or facility and the proposed construction is less than three (3) feet, no such construction shall be performed without the approval of DBWUA nor without the presence of a representative of DBWUA shall not relieve the contractor of any responsibility under this rule.  No blasting may be performed closer than ten (10) feet to an existing pipe or facility.

 

No building shall be constructed within five feet of a water main.  No main shall be below a 45 degree line extending down and away from the edge of a footer as indicated below:

 

 

2.Hydrants

a.   Hydrant Control

All fire hydrants owned by DBWUA are under the control of DBWUA.  The use of fire hydrants will be restricted to the taking of water for fire protective purposes under the supervision of the Fire Chief.  Water shall not be taken from any fire hydrant for construction purposes, irrigation, sprinkling streets, flushing sewers or gutters, or for any other use unless specifically authorized by DBWUA.  There shall be no blanket permissions given.  No person shall place any obstruction that would prevent free access to any fire hydrant.  According to the SJC Hydrant Ordinance this is defined as no obstruction within a 36² radius around the hydrant and maintaining an eight-foot clear space at the edge of the road directly in front of the hydrant and the area between the road and the hydrant.  No person shall paint or in any way change the color from the standard color established by DBWUA.

 

b.   Use of Hydrants

If water is used from DBWUA fire hydrants without specific authorization from DBWUA, the quantity used will be estimated and the user will be billed at the meter rates set forth in the current schedule.  If usage is estimated at an amount less than $100.00, the minimum bill will be $100.00 per use.  If use is properly authorized, and if required by DBWUA, a meter shall be applied to the connection made with the hydrant at the expense of the party using same and said party shall pay for all water by meter measurement at the stipulated rates.  Water must not be allowed to run except when being used.  No person shall operate a hydrant except as authorized by DBWUA and only then using a proper wrench as approved by DBWUA.  Violators may be prosecuted under existing laws.  Hydrant use may be terminated at any time, without notice, as deemed necessary by DBWUA, for the public health or benefit.

 

c.   Damages

In case any damage to a public fire hydrant is done by any person or person¹s agent having permission for taking water from said hydrant, the person shall pay such damages and all costs and expenses that may be incurred by reason thereof on demand to DBWUA.  DBWUA reserves the right to impose and hold damage deposits as a condition of granting permission to use hydrants.

    

            3.  Street Valves

No person except an employee of DBWUA or DBWUA¹s authorized agents shall open, close, or in any way interfere with any street valve in a water main.  Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key, or who has covered a valve box with dirt, paving, plank, or other material, shall immediately remove the obstruction and restore the valve box to operational status.

 

VII  PAYMENT  FOR  SERVICES

 

1.   Billing to Customer or Owner

Where it is stated that DBWUA will bill the Customer or Owner, the Customer or Owner will be responsible for prompt payment.  In all cases, the bill for water, services rendered, or penalties will be the ultimate responsibility of the Owner.  Owners are cautioned to insure that they take such measures and exert such control over activities occurring on their property so as to be aware of charges being incurred.

 

2.   Billing Period

All bills shall be rendered monthly, or otherwise at DBWUA¹s option, and are due and payable on or before the date specified thereon and such due date not to be less than twenty (20) days from the date rendered.  After twenty (20) days, the gross payment is due and payable.

 

3.   Non-Payment

If valid charges are not paid and if the water is turned off on account of such non-payment, no application for water service for such premises need be granted by DBWUA (not withstanding that said premises may have changed ownership) until such charges have been paid in full.  Failure to receive a water bill because the owner failed to maintain a correct billing address with the DBWUA does not relieve the owner of the responsibility to pay said bill, nor stop any penalties or actions imposed by DBWUA as a consequence of such non-payment.

 

The current property owner is responsible for all outstanding charges to a property such as water, service charges or penalties.  Potential new owners of a property are cautioned to review account status prior to purchasing property and to make such arrangements necessary as to insure appropriate payment of charges incurred by the current Owner.  

 

 

4.   Partial Billing Periods

a.   New Services

If, at any time during a billing period, a new service is installed, an active service terminated or an inactive service reinstated, the reduced period will be billed as if it were a full billing period.  A bill will be rendered to the customer of record according to the current rate schedule.  Such a bill includes the cost of initiating or terminating said service, unless unusual charges are incurred.

 

b.   Change in Ownership

When a change or ownership occurs, the seller must inform DBWUA of the change.  The buyer must provide DBWUA with all necessary membership information before a membership transfer will have been considered to have occurred.  Payment of all outstanding charges and required conformance with standards will occur before a membership transfer will have been considered to have taken place.

 

Whenever change in ownership occurs, a special reading will be taken upon request to DBWUA by either the buyer or the seller.  The requesting party will then be informed of the amount due on the account as of the date of the special reading.  A special bill will not be rendered, rather the two owners will agree on the disposition of the amount due as a result of the special reading.  The regular billing will be sent to the owner of record in a normal fashion.

 

Owners are cautioned to read and understand the sections titled ³Non-Payment², above.

 

5.   Metered Amount to be Billed

a.   Determination

The quantity recorded by the meter shall be considered the amount of water passing through the meter which amount shall be conclusive on both the customer and DBWUA.  Such amount may be used as all or part of the basis for billing.

 

b.   Exceptions

Consumption charges may be determined without benefit of metering under the following conditions:

(1) In cases where it is found that the meter has ceased to register or has registered inaccurately, the quantity may be determined by the average registration of the meter in a corresponding past period when in order.  However, where it appears that there has been a change in occupancy of the premises or in the use of water, DBWUA will, in its sole judgment, make an equitable adjustment.

In all cases where a meter is found to be defective, DBWUA shall replace the same by a meter that has been properly tested and adjusted.

 

In cases where it is found that a reading cannot be obtained, an estimated minimum bill will be rendered to the customer.  Alternatively, an estimated bill based on equitable customer class criteria may be rendered.  Such criteria shall be based on fairness to both parties.

 

(2) Multiple unit properties may be computed as if the number of

units were individual units and an aggregate bill rendered accordingly.

 

6.   Unoccupied Premises

Premises whether occupied or unoccupied will be billed on a periodic basis unless the customer arranges to have his service discontinued.

 

7.   Partial Payments

A partial payment is any amount less than the total due amount of a bill.  In the event that a bill includes charges for more than one (1) billing period, a partial payment is applied against the oldest due bill plus penalty.

 

 

8.   Unpaid Charges

Overdue charges for penalties or for services rendered will be added to the account and any payment received will be applied as explained in the section ³Partial Payments², above.

 

9.   Discontinued Service

Any Owner may discontinue water service by giving DBWUA written notice not less than ten (10) days prior to the discontinuance, and all liability for charges for service rendered after the discontinuance of service, as herein provided for, shall cease.  Only the Owner can order discontinuance of service.

 

10. Disputed Bills

In the event of a dispute between the customer and DBWUA regarding any bill, DBWUA will forthwith make such investigation as may be required by the particular case and report the result thereof to the customer.  Any disputed bill that, upon investigation, is sustained as correctly rendered shall be due by the original due date and the penalty computed as of the original due date.  Any disputed bill that, upon investigation, is found to be incorrect will be corrected and resubmitted to the customer.  The due date of the corrected bill shall be considered to be as of the submitted date of said bill plus twenty (20) extra days after the corrected bill was issued.  The corrected bill shall then be paid as provided in these C/S.  An amounts paid by the customer in excess of the amount disclosed to be due as a result of DBWUA¹s investigation of the dispute shall be forthwith returned to the customer upon approval by DBWUA if the error arose from any cause other than the incorrect estimating of a customer¹s consumption for the period in dispute.

 

VII  PENALTIES

 

            Any person or entity violating any provision of these C/S shall be subject to such penalties as DBWUA may assess, criminal prosecution, or both.

            In any event, DBWUA may enforce compliance with these C/S by cutting off the supply of water.