|
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. |