Shelbyville - United States

Water will be furnished subject to the Rules and Regulations of the Board of Commissioners of the part of every application, contract and agreement entered into between the property owner or customer and the District. Bedford County Utility District of Bedford County, Tennessee, which Rules and Regulations, as well as any Rules and Regulations hereinafter amended, modified, or promulgated, are made a part of every application, contract and agreement entered into between the property owner or customer and the District.

DEFINITIONS:

A. District - The word “District” will be used in these Rules and Regulations to designate the Bedford County Utility District of Bedford County, Tennessee.

B. Customer - The word “customer” will be used in these Rules and Regulations to designate a person, firm or corporation contracting with the District for the furnishing of water to property.

C. Property - The word “property” shall mean, except where otherwise specified:

(1) A building under one (1) roof and ownership and occupied by one (1) business or as one (1) residence. This includes mobile homes in trailer parks as defined in paragraph D.

(2) One (1) or more buildings on a single tract of land, all under one (1) ownership and occupied by one (1) family or business.

(3) One (1) side of a double house having a solid vertical partition wall.

D. Trailer Park - A “trailer park” consists of three (3) or more trailers where the spaces are owned by the trailer park owner.

E. Apartment House - An “apartment house” is a building housing three (3) or more families or three (3) or more households.

F. Service Connection - The phrase “service connection” will be used in these Rules and Regulations to designate the tap on the main, together with that portion of the line extending from the tap to the meter: in those installations where the meter is set at or near the property line on the street, highway or right of way on which the main is located, only the portion of the line extending from the tap to and including the meter shall be included as part of the service connection.

1. Water Service Contract

Any applicant for water service shall complete a Water Service Contract and submit same to the District with applicable tap fee and service fee. If water service cannot be supplied in accordance with the District’s rules, regulations or policies or those of any state or federal agency with oversight regarding service, the liability of the District to the applicant for such water service shall be limited to the refund of the applicable tap fee and service fee. (A-2)

2. Water Taps

The District shall be responsible for installing and maintaining all service connections (taps). The customer will provide, at no cost to the District, a suitable place for the location of a service connection on the customer’s property line. In The Case of An Emergency, any occupied residence two (2) years old, experiencing an unusable water supply (i.e. contaminated well or spring) may request a service connection be installed on the private property of another individual property owner, however, it is the responsibility of the customer to grant to or obtain for the District, its successors and assigns, a perpetual easement in, across, over, under and upon the respective property, with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, maintain, replace, and remove water pipelines and appurtenant facilities, together with the right to utilize adjoining property belonging to the customer or another individual property owner for the purpose of ingress and egress from the above described property. The customer may be required to execute such additional instruments and pay any fees necessary to give further effect to these provisions as may be requested by the District. Emergency water taps and any water tap not located on the property of the customer must be relocated at the customer’s expense to the property line of the customer if water service is extended to the customer’s property. The customer must tie into the relocated water tap within thirty (30) days from the date the water tap is relocated.

Should the cost of the installation of the tap exceed the tap fee, the additional cost will be borne by the customer.

All water lines shall be of sufficient size to be compatible with the service connection needed, in the opinion of the District, for furnishing ample water to said customers.

Anyone wishing to purchase a two (2) inch or larger tap must pay a Hydraulic Analysis Fee in order for District Personnel or the District Engineer to determine the feasibility of water service to the tap. The current Hydraulic Analysis Fee is listed in the Schedule of Rates and Fees (Exhibit A-2).

The District will install a meter and cutoff valve for each service connection, both of which shall remain the property of the District. (A-4)

3. System Development Charge

In order to provide for capital improvements necessitated by unusual and rapid growth, the Bedford County Utility District has implemented a System Development Charge (SDC) for any properties needing access to BCUD's water system through extension,

new development, or tapping onto an existing line. The SDC applies to landowners requiring one or more taps as well as to landowners and developers who subdivide real property for any purpose, with one SDC required per tap. The amount of the SDC depends on meter size and must be paid at the time of approval of a subdivision plan or when an application is made for a tap for which an SDC has not been paid. The SDC shall be set by the Board from time to time, and the Board shall set the rules and regulations regarding the amount, nature, and applicability of the fee to be charged the landowner and/or developer.

The current System Development Charge is listed in the Schedule of Rates and Fees (Exhibit A - 2).

4. Customer Service Lines

The customer shall be responsible for and bear the expense of installing and maintaining the service line from the meter to the house or point of use. Said service line materials and installation shall conform to the standards and specifications established by the District. Failure to meet the standards for the installation and material for service line from the meter to the point of use shall be grounds for denial of service to the customer. As to presently installed lines of an existing customer which do not meet the standards, no leak adjustment for the customer’s service will be authorized or paid after the first leak adjustment for the customer’s service line unless and until the customer’s service line meets the standards established by the District. The customer shall be liable for any damage incurred to the District’s property resulting from the customer’s negligence.

Acceptable service line materials are as follows:

Polyethylene - Polyethylene service tubing is to be ultra-high molecular weight polyethylene tubing with a pressure rating of 160 psi working pressure. Polyethylene service tubing must bear the National Sanitation Foundation Laboratories, Inc. seal of approval.

PVC - PVC Pipe shall be NSF - approved, Type 1, Grade 1, Type 1120 material conforming to AST, D2241 and ASTM - 1784. PVC Pipe shall be Class 200, SDR 21, Schedule 40 or Schedule 80 with solvent weld or integral gasketed joints.

Copper - Copper service tubing shall be Type K soft copper tubing only.

Steel - Steel service pipe shall be standard weight galvanized steel pipe only. (A-5)

5. Pressure Regulator Device

The customer shall be required to install and maintain a pressure regulator device on the customer’s side of the service connection. (A-7)

6. Customer Cut-Off Device

The customer shall be required to install and maintain a cut-off device on the customer’s side of the service connection. (A-8)

7. Non-participation in a Water Line Extension

Any applicant, who lived on or owned property on a water line extension installed with District funds and who did not participate in the original water line extension (i.e. purchase a tap and/or grant an easement), will pay the normal service fee and twice the current tap fee. (A-9)

8. Minimum Bill

The District will charge at least a minimum bill per month per customer for the water service regardless of the amount of water used. (The minimum bill reflects each customer’s share of the overhead to operate the system.) If the customer fails to connect to the system when service is available and a service connection is made, the customer will pay a minimum bill per month until such time as the customer installs his service or he removes himself or his business from a metered location. By keeping the account active, the customer can demand service at any time and therefore must share in its costs. (A-10)

9. Forfeited Discount

If full payment is not received in the District office by the close of business on the due date on the bill, the customer must pay the gross amount (including forfeited discount) shown on the bill. (A-11)

10. Repossessed Water Taps

In the event a customer on a water line extension (i.e. dry tap) refuses to pay his account, he will continue to receive a minimum bill. Once the account balance exceeds $250.00 and remains unpaid for a period of six (6) months from the date of last payment in full, the service connection will be repossessed by the District. The customer will be sent a Repossessed Tap Notice notifying him that he has thirty (30) days to reinstate his account with the District and halt repossession of the tap. If the customer does not respond within the thirty (30) day period, the District will physically remove the tap from the customer’s property. If a new customer requests water service at this location at a future date, he must apply for water service. If the customer is the one owing the past due account, he must apply for water service and pay twice the current tap fee and all past due charges on said account.

In the event a customer wishes to surrender his water tap (i.e. dry tap) to the District, he may request this in writing to the Board of Commissioners for approval. Once approved by the Board of Commissioners, the customer will pay a Repossessed Water Tap Fee and any amounts owed on his account. The charge for this service is shown in the Schedule of Rates and Charges. Once all amounts have been paid, the District will schedule to have the water tap removed during regular work hours. (A-14)

11. Service Calls

In the event a customer requests that the District check a service connection for proper operation (i.e. report of a water leak) and no District responsibility is found, then the customer will be charged a service call fee. (A-15)

12. Billing Frequency

Utility bills for residences will be rendered monthly. Commercial and industrial customers may be billed monthly or more frequently, at the discretion of the Board of Commissioners. (B-1)

13. Billing Due Date

The customer shall be required to pay his bill by the due date as noted on his bill. The customer’s failure to pay by the due date shall constitute a penalty which will be added to the bill. Should the due date for payment of a bill fall on a week-end or a holiday observed by the District, the bill may be paid on the following business day at the net amount. (B-2)

14. Failure to Receive Bill

Utility bills are recognized as a routine bill owed by the customer. The customer’s failure to receive a bill does not change in any way the customer’s obligation to pay the amount due in a timely manner. (B-3)

15. Termination of Service by Customer

In the event a customer removes himself or his business from a service location at which he is receiving water, he shall give the District a minimum of five (5) calendar day’s notice of his intention to move. To remove himself or his business from a service location, the customer, if the owner must sell the property where the service is located, or, if a renter, move from the property where the service is located. The customer shall be responsible for payment of water consumed up to the date his service is terminated. In the event a customer desires to move to a new location within the District, he shall pay the tapping fee, if applicable, and service fee.

The procedure for customer notification of discontinuance of service is as follows

a. In person, customer must present acceptable identification.

b. Telephone, fax or writing, customer must include address, account number, and one (1) other positive account identification. (B-6)

16. Adjustments to Bills/ Leak Adjustments

Customers are allowed only one (1) adjustment in a twelve (12) month period. A Customer who has a second leak within a twelve (12) month period may request in Writing to the Board of Commissioners a second leak adjustment within a twelve (12) Month period. If approved by the Board of Commissioners, a second leak adjustment will be made in lieu of any previous leak adjustment made in the twelve (12) month period (i.e. the original leak adjustment will be added back to the customer’s account. Then the second leak adjustment will be deducted from the customer’s account). If the prior leak adjustment is greater than the current request, and then no leak adjustment will be allowed. (D-3)

All requests for leak adjustments must be received in writing or in person at the business office of the District during regular business hours. Customer must locate and repair the leak before any request for a leak adjustment is made. Accommodations will be made for handicapped customers via request to the District office. The District shall be under no obligation to extend the discount or the due date of the time for paying any bills because of a billing adjustment. (D-5)

The District shall not be obligated to make any adjustments of any bills not contested after ninety (90) days from the billing date. (D-6)

If an adjustment of the customer’s bill is warranted, the amount of the bill will be determined based on an average for the billing period for the last twelve (12) months billing plus one-third (1/3) the current rate per thousand (1,000) gallons for water used in excess of the average. If the customer does not have a twelve (12) month period to average, a lesser period may be used, but not less than three (3) months. A customer who does not have at least three (3) months bills to average for a leak adjustment will be required to pay one-half (1/2) of the bill reflecting the leak. The customer’s bill must be at least two (2) times the average for the billing period for the last twelve (12) months or a lesser period if the customer does not have a twelve (12) month period to average, but not less than three (3) months to be eligible for a leak adjustment. (D-7)

Adjustments on water bills will not be made for the following:

a. Premises left or abandoned without reasonable care for the plumbing system.

b. Filling of swimming pools.

c. Watering of lawns or gardens. (D-9)

17. Discontinuance of Service (Cut-offs)

Reasons for discontinuance of service:

a. Nonpayment of bill or other charges directly related to customer’s service

b. Partial payment of bill or other charges, except when a customer inadvertently fails to pay a penalty, however, the penalty must be paid by the next cut-off date.

c. Failure to comply with District rules, regulations and policies.

d. Any threat to public health on the customer’s premises which may endanger other customers.

e. Tampering with District equipment or stealing service.

f. In the event that a customer has more than one (1) residence on a tap.

g. Customer has an amount past due from any previous service. (F-1)

A Final Notice will be mailed if payment is not received by the due date. If payment is not received within ten (10) days after the due date, service will be discontinued. (F-2)

Service will be reinstated only during regular working hours, Monday through Friday, 8:00 A.M. to 4:30 P.M. (F-5)

In the event a customer who has been cut-off for nonpayment of service wishes to be reinstated as a current customer, he shall pay all cost for discontinuance of service to include a reconnect fee, past due charges and any applicable service fees. (F-6)

In the event a customer who has been cut-off for nonpayment cuts the meter lock for the purpose of reinstating water service, said customer will be charged a cut lock fee.

Should the customer cut the meter lock again, the meter will be removed. (F-7)

The District shall not disconnect the service to any customer on a life support system or dialysis machine. It is the responsibility of the customer to notify the District if service discontinuance would be life threatening. After notification, the District will flag the customer’s account and meter as an “Emergency Medical Service” to insure that the service is not cut off by District personnel or others.

If an emergency medical service customer cannot pay a bill or other charge, it shall be the customer’s responsibility to find a social service agency or charitable group to assist the customer. (F-14)

18. Multiple Connections to One (1) Meter

At no time shall there be more than one (1) residence connected to one (1) meter. (G-1)

Authorized employees, representatives and contractors of the District shall have access to all properties served by the District at reasonable times for the purpose of reading meters, maintaining and inspecting lines and connections to the District (or believed to be connected to the District), observation, measurement, sampling and testing as provided by the policies of the District and by state and federal law. (G-5)

19. Theft of Service

Anyone found to be in violation of the theft of service policy will be subject to a tampering fee. (H-3)

Service will not be restored until all payments for the following are received by the District:

a. Adjusted payment for utility service.

b. Tampering fee.

c. Reconnection fee and any other fees as deemed appropriate.

d. The cost of damages to District property to include labor, equipment, overhead and replacement parts. (H-5)

20. Shortages and Emergencies

The District cannot and does not guarantee either a sufficient supply or an adequate or uniform pressure, and shall not be liable for any damage or loss resulting from an inadequate or interrupted supply, from any pressure variations, or for damages from the resumption of service. (K-1)

The District may declare service restrictions during a period of shortage and emergencies. (K-2)

21. Cross-connections

No person shall cause a cross-connection, auxiliary intake, by-pass or inter-connection to be made, or allow one to exist for any purpose whatsoever unless the construction and operation of same have been approved by the Tennessee Department of Public Health and the operation of such cross-connection, auxiliary Intake, by-pass or inter-connection is at all times under the direct supervision of the Board of Commissioners of the Bedford County Utility District. (L-3)

A District representative shall have the right to enter at any reasonable time any property served by a connection to the District’s Public Water Supply for the purpose of inspecting the piping system or systems thereof for cross-connections, auxiliary intakes, by-passes or inter-connections. On request, the owner, lessee or occupant of any property so served shall furnish to the District any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross-connections. (L-5)

22. Water Line Extensions

In the event the District shall see fit to extend any main line of its waterworks, the District shall, upon considering all circumstances, bear the cost of this extension.

23. Subdivisions and Developers

In the event an individual wishes to extend/develop a water line at their own expense, the individual must adhere to the District’s Subdivisions and Developers Policy. (M)

The foregoing Rules and Regulations, the aforementioned Schedule of Rates and Charges and Organizational Data may be amended, modified, enlarged or otherwise changed at any time a majority of the Board of Commissioners deems same necessary.

The District has, by proper resolution, adopted the foregoing Rules and Regulations for the Bedford County Utility District of Bedford County, Tennessee, which resolution declares that if any section, paragraph, clause or provision of these Rules and Regulations shall be held to be invalid or ineffective for any reason, the remainder of these Rules and Regulations shall remain in full force and effect.

(A-1) - Denotes Policy Number where rule and/or regulations are found.