HomeMy WebLinkAbout2014-0520B - Rate OrderRATE ORDER
Trophy Club Municipal Utility District No. 1
Rate Order No. 2014-05208
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No.1
ORDER No. 2014-0520B
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR
WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION,
RECONNECTION, INSPECTION, ACCURACY READINGS, AND
RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE;
PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is the owner
and/or operator of a water and sewer system designed to serve present and future inhabitants
within the District and the Trophy Club Development; and
WHEREAS, the District's most recent Rate Order was adopted on August 27, 2013
(Order No. 2013-0827), and additional modifications are needed. The District desires to
establish all of its rate policies in a single new Rate Order; and
WHEREAS, the Board of Directors of the District has carefully considered the terms of
this Rate Order No. 2014-0520 and is of the opinion that the following conditions and provisions
should be established as the policies, procedures, and rates for obtaining service from the
District's water and sewer system.
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO.1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each
person desiring a water and sanitary sewer service connection to the District's System shall be
required to pay such fees as set forth in this Order. No service shall be established or re-
established until such fees are paid. All service connections are subject to all other rules,
regulations, and policies of the District.
A. Certification of System. Connections shall not be made to the District's
System or portions of the System until the District's engineer or District staff has
certified that the System or applicable portion thereof is operable and meets all
regulatory requirements.
B. Backflow Prevention. No water connections from any public drinking water
supply system shall be allowed to any residential or commercial establishment
where an actual or potential contamination hazard exists unless the public water
facilities are protected from contamination.
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At any residential or commercial establishment where an actual or potential
contamination hazard exists, protection shall be required in the form of a backflow
prevention assembly. The type of assembly required shall be specified by the
District.
The existence of potential contamination hazards without installation having been
made of the means of control and prevention as set out in the preceding paragraph;
or, the same having been installed, there is a failure to properly maintain the same,
shall be considered sufficient grounds for immediate termination of water service.
Service can be restored only when the health hazard no longer exists, or when the
health hazard has been isolated from the public water system in accordance with
the foregoing requirements.
All backflow prevention assemblies that are required according to this section shall
be tested upon installation by a recognized backflow prevention assembly tester
and certified to be operating within specifications. Backflow prevention assemblies
that are installed to provide protection against health hazards must also be tested
and certified to be operating within specifications at least annually by a recognized
backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain any backflow
prevention device required by this Rate Order. Copies of all testing and
maintenance records shall be provided to the District within ten (1 0) days after
maintenance and/or testing is performed.
If the Customer fails to comply with the terms of this Order, the District shall, at its
option, either terminate service to the property or properly install, test, and maintain
an appropriate backflow prevention device at the service connection at the expense
of the Customer. Any expenses associated with the enforcement of this agreement
shall be billed to the Customer.
C. Availability of Access/Obstructions. By application for connection to the
District's System, the Customer shall be deemed to be granting to the District and
its representatives a right of ingress and egress to and from the meter or point of
service for such installation, maintenance and repair as the District, in its judgment,
may deem reasonably necessary. The Customer shall also be deemed to be
granting to the District and its representatives a right of ingress and egress to the
Customer's property, including the exterior of the Customer's premises, for the
purpose of performing the inspections and completing the Customer's Service
Inspection Certifications required by the District's rules and regulations. Taps and
connections will not be made when, in the opinion of the District, building materials
or other debris obstructs the work area or the work area is not completed or finished
to grade. When sidewalks, driveways or other improvements have been constructed
prior to application for service, such application shall be construed and accepted as
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the Customer's waiver of a claim for any damages to such improvements resulting
from the reasonable actions of the District in installation of the connection.
Section 1.02. Residential Fire Lines. Connections. and Fees. A residence of
at least six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall
have installed on its one-inch (1") water service line, for fire protection, a one-inch (1") U-
branch, with a separate meter and meter-box. The cost of installation, including parts,
equipment, and labor shall be eight-hundred dollars ($800.00), payable at the time of
permitting.
A residence of eight-thousand (8,000) square feet or greater, in addition to its regular
one inch (1") water service line, shall have installed a separate one-and one-half (1 Y:! ")water
service line for fire protection with its own meter and meter-box. The cost of connection and
installation of the fire line and meter shall be either one thousand six hundred dollars
($1 ,600.00) if the home is on the same side of the street as the waterline; or, if it is on the
opposite side of the street from the waterline, necessitating boring, then the charge shall be
two thousand nine hundred seventy five dollars ($2,975.00), payable at the time of permitting
with the Town of Trophy Club. If property is outside the Town of Trophy Club boundaries, fire
line fees shall be paid directly to the District.
Section 1.03. Connections by District. All Connections to the District's water
and sewer system shall be made with written approval of the District and in accordance with
the District's Plumbing Code and its rules and regulations.
No person except the District Manager or his/her authorized agent shall be permitted to
tap or make any connection to the mains or distribution piping of the District's water system, or
make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture
connected with the water system or any manhole, main, trunk or appurtenance of the District's
sanitary sewer system. No sewer connection shall be covered in the ground and no house lead
shall be covered in the ground before it has been inspected and approved by a licensed
plumbing inspector with jurisdiction of the site.
Section 1.04. Inspections and Fees. Fees for permits and for plumbing
inspections (other than for sewer and backflow inspections referred to below in subparagraphs
A and B) should be paid to the city or town in which the property is located or to the District if
the property is not located within a city or town.
A. Sewer Inspection and Fees. Sewer connections and house service lines shall
be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00)
shall be paid to the District for each connection to the District sanitary sewer
system. Installations that fail to conform at any time to the rules and regulations
shall be disconnected. Any customer whose connection is disconnected for such
failure shall be notified as to the basis for such disconnection. After noted
deficiencies have been corrected, a re-inspection shall be made upon payment to
the District of a re-inspection fee of twenty-five dollars ($25.00), plus payment by
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Rate Order No. 2014-05206
the customer of all outstanding charges. If subsequent re-inspections are required
before the sewer connection and service lines are in compliance with the rules and
regulations, a re-inspection fee of twenty-five dollars ($25.00) shall be paid to the
District for each subsequent re-inspection. Inspections by the District requested
after regular business hours will be charged at a minimum of one-hundred dollars
($100.00).
B. Backflow Inspections. For all backflow installations (residential and
commercial) inspected by the personnel of the District, an inspection fee of fifty
dollars ($50.00) shall be paid to the District. Inspections that fail to conform at any
time to the rules and regulations shall be disconnected. Any customer whose
connection is disconnected for such failure shall be notified as to the basis for such
disconnection. After noted deficiencies have been corrected, a re-inspection shall
be made upon payment to the District of a re-inspection fee of twenty-five dollars
($25.00), plus payment by the customer of all outstanding charges. If subsequent
re-inspections are required, a re-inspection fee of twenty-five dollars ($25.00) shall
be paid to the District for each subsequent re-inspection. Re-inspections by the
District requested after regular business hours will be charged at a minimum of one-
hundred dollars ($100.00).
C. Swimming Pool Discharge into Sanitary Sewer System. New swimming pools
permitted on or after June 24, 2005, shall have all backwash and/or drainage from
said pool discharge into the sanitary sewer system. Owners of pools built or
permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie
into the sanitary sewer. However, swimming pool backwash and drainage must
drain to grassy areas and is not permitted to flow into the storm drain system,
creeks, or other waterways.
For swimming pools discharging to the sanitary sewer system, an indirect
connection shall be made by means of an air break, discharging into a tailpiece
installed a minimum of six inches (6") (or 152 mm) above adjacent grade. The
tailpiece shall be connected to a minimum three-inch (3" or 76mm) p-trap not less
than twelve inches (12" or 304 mm) below grade which discharges into the yard
cleanout riser. Backwash systems shall not flow onto neighboring properties or into
the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00)
to be paid at the time of issuance of the pool permit.
Section 1.05 Temporary Water Service-Construction Meters.
A. Construction Meters. The District shall be authorized to make a temporary
connection to any fire hydrant or flushing valve upon request for temporary water
service. All temporary service shall be metered and billed to the temporary
customer as provided herein. All unauthorized withdrawal of water from flushing
valves, fire hydrants, or other appurtenances of the District's System is prohibited.
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B. Application and Deposit. Each temporary customer desiring temporary water
service shall be required to execute an application for such temporary service and
shall provide a minimum security deposit of one-thousand-seven-hundred-
seventy-five dollars ($1 ,775.00) for a three-inch (3") meter and RPZ; six-hundred-
fifty dollars ($650.00) for a smaller meter and smaller RPZ. The deposit shall be
made by cashier's check or money order payable to the District. The deposit shall
be used by the District to secure the payment for temporary water supplied by the
District, the installation fee, and the cost of repair of any damages caused by the
temporary customer. The balance of the security deposit, if any, shall be refunded
after disconnection from the District's System.
C. Construction Meter Fees and Rates. Construction meters will be charged the
same monthly rates (base fee and volumetric rate) for water as commercial
accounts as set forth in Article II of this Rate Order.
D. Temporary Construction Meter Use and Billing. Construction meters can be
rented by filing an application at the District office and payment of all required
deposits. Upon approval of the application, a temporary meter and RPZ will be
provided to the applicant. Installation on any fire hydrant or flush valve must be
approved by the District and District meters may only be used within the District's
service area. The location of installation must be indicated on the application and
cannot be relocated unless notification is provided to and approved by the District in
advance. Temporary meters may only be rented for a period of ninety (90) days
and extensions may be approved upon request and approval. Failure to return a
temporary meter or request a usage extension by the due date will result in
repossession of the meter and forfeiture of the deposit.
Upon return of a temporary construction meter, an inspection of the meter and RPZ
will be performed. Any and all damages to the meter and/or RPZ will be charged to
the customer and deducted from the deposit. If the deposit does not cover the total
amount of damages, the balance will be billed to the customer and payment must
be received by the due date. Failure to pay all charges due will result in suspension
of rental privileges until payment in full and may result in collection procedures.
Section 1.06 Service Outside the District. The rates and charges stated in
this Rate Order are for services to customers and property located within the boundaries of the
District. Any service to a customer or property located outside the boundaries of the District
shall be granted only upon approval by the Board of Directors of the District. Out of District
customers will pay the adopted rates for in district customers plus 15% for both water and sewer
base and volumetric rates. For the purpose of customer classification, Trophy Club Park at
Lake Grapevine is considered "in-district" and subject to all rates and service provisions related
to in-district customers.
Section 1.07 Service to New Development. All water and wastewater
facilities to be constructed to extend service to new developments must be designed by a
professional engineer licensed in the State of Texas at the applicant's expense. The District
must approve the plans and specifications prior to the commencement of construction. At the
time of plan review submittal, the applicant must provide payment to the District in the amount of
$2,500.00 as deposit for review of each set of plans and specifications reviewed by the District's
engineer. The actual final fee for plan review by the District's engineer shall be provided to the
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Rate Order No. 2014-05206
applicant upon approval of the plans. If there is a balance due over the $2,500 paid by the
applicant at submittal, the balance due shall be paid by the applicant prior to receiving District
approval of plans and specifications. District construction plans and specifications shall be
strictly adhered to, but the District reserves the right to change order any specifications, due to
unforeseen circumstances during the design or construction of the proposed facilities, or as
otherwise authorized by applicable laws, to better facilitate the operation of the facility. All
expenses and costs associated with a change order shall be charged to the applicant Service
to new developments is subject to available capacity in the District's water and wastewater
systems. All new potential developments must seek written approval from the District Manager
that capacity is available to serve and may be required to install offsite improvements if capacity
is not available with current system infrastructure.
Section 1.08 Water Meter and Water Tap Fees.
Domestic one-inch ( 1 ") meter:
Fee for District Installed Water Tap:
Inspection Fee for Water Tap:
$ 343.00
$ 1,000.00
$ 50.00
Fees must be received by the District before any residential connection is installed.
When taps have been made by someone other than the District personnel, there is an
installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter.
A customer seeking service through an oversized connection line or from a meter larger
than a one-inch (1") standard meter shall submit a written request to the District detailing daily,
monthly, and peak water demands. Should approval be granted by the District, the customer
agrees to pay the water and sewer rates as outlined in Article II of this Rate Order.
Section 1.09. Fort Worth Impact Fee. Each customer requesting an initial
connection to the District's Water System shall also pay to the District a pass-through fee for the
City of Fort Worth's impact fee. The fee is based on meter size as follows:
METER SIZE WATER IMPACT FEE
5/8" $469
3/4" $704
1" $1 '173
1-1/2" $2,345
2" $3,752
3" $10,201
4" $17,588
6" $37,520
8" $65,660
10" $98,490
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Section 1.1 0. Sewer Tap Fees. The fee for sewer line taps shall be the actual
cost to the District plus ten percent (10%).
Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps,
and all other appurtenances, including meter boxes, shall lie in the District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service Rates. The following monthly rates for water
service shall be in effect for each separate connection within the District. The base rate for
each connection (meter) is calculated upon meter size and will be charged for each residential
and commercial meter:
( 1) Water Rates
BASE RATES:
METER SIZE MONTHLY BASE RATE
5/8" & 3/4" $12.71
1" $16.71
1.5" $26.42
2" $38.06
3" $65.23
4" $104.04
6" $201.06
VOLUMETRIC RATES:
Rate per
Gallons Used 1000 gallons
0 to 6,000 $2.70
6,001 to 17,000 $3.14
17,001 to 25,000 $3.64
25,001 to 50,000 $4.23
50,001 + $4.91
(2) Multi-Unit Buildings.
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Each multi-unit building (apartments, townhomes, business complex, etc.)
served by a single meter shall be billed the base rate for the meter size
servicing the building multiplied by the number of units in the building or
complex.
Section 2.02 Sewer Service Rates. The following monthly rates for the
collection and disposal of sewage shall be in effect for each separate connection within the
District:
A. Residential Sewer Rates:
Base Rate: $14.58
0-18,000 gallons per month $2.50/1,000 gallons
*Residential sewer usage is capped at 18,000 gallons per month
Commercial Sewer Rates:
Base Rate: $14.58
Volumetric Rate: $2.50/1,000 gallons
*Commercial sewer usage is billed based on actual water usage per month
B. Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.) shall
be billed the base rate for each meter servicing the building and sewer usage will
be billed based on actual water usage per month.
Section 2.03 Effluent Charge. The effluent from the District's
wastewater treatment plant will be sold pursuant to separate contracts entered into with the
District and approved by its Board of Directors. The District has contracted to sell effluent to the
Trophy Club Country Club and discharge the effluent into golf course lakes at rates set forth in
the contract.
In addition to water usage charges, when the customer requests fresh water on the day
that established the District's peak draw from the City of Fort Worth, the customer shall be
required to pay its respective portion of any demand rate and/or minimal payment rate as
specified in the District's wholesale water supply contract with the City of Fort Worth. However,
if the customer's demand is absorbed by the District with no additional charges from Fort Worth,
the District may in its discretion waive the demand and/or minimal payment charges to the
customer.
Section 2.04. Master Meter (Cooling Tower Calculation). The water usage
from the master meter reading minus the reading from the "Blow Down" meter equals the
"evaporation." Water usage less "evaporation" equals sewer usage for billing purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas
Water Code, and 30 TAC 291.76, the District shall collect and pay an annual regulatory
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assessment fee to the Texas Commission on Environmental Quality ('TCEQ") in the amount
required by law on the total charges for retail water and sewer service billed to its customers
annually. The regulatory assessment fee will be detailed separately on customer bills.
Section 2.07. No Reduced Rates or Free Service. All customers receiving
water and/or sewer service from the District shall be subject to the provisions of this Order and
shall be charged the rates established in this Order. No reduced rate or free service shall be
furnished to any customer whether such user be a charitable or eleemosynary institution, a
political subdivision, or municipal corporation; provided, however, this provision shall not prohibit
the District from establishing reasonable classifications of customers.
Section 3.01.
follows:
ARTICLE Ill
SERVICE POLICY
Securitv Deposits. Security deposits shall be required as
A. Builder's Deposit. A seventy-five dollar ($75.00) security deposit shall be
required of builders for each tap made by the District for such service connection,
payable at or prior to the time that such tap is made, and the security deposit is
refundable to the builder when the account is later transferred to an owner if that
account and all other accounts of the builder are current at the time of the transfer;
but, if that account or any other account of the same builder is not current at the
time of such transfer to an owner, then the security deposit shall be applied against
the outstanding balance of the builder's account(s) at the time of such transfer. The
District shall deduct from the deposit the cost to repair any damage caused to the
District's property by the builder or the builder's employees, contractors,
subcontractors or agents and shall deduct any delinquent water and sewer service
bills of the builder. In the event any amounts are deducted from the builder's
deposit, it will be incumbent on the builder to reinstate the original amount of the
deposit, and failure to do so will result in the suspension of any additional water taps
for the builder.
B. Residential Owners. A security deposit of seventy-five ($75.00) shall be
required from each residential owner customer for a single-family home connected
to the District's system. Upon discontinuation of service, the deposit shall be applied
against amounts due, including disconnection fees.
C. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00)
shall be required from each residential lessee customer for a single-family home.
Upon discontinuation of service, the deposit shall be applied against amounts due,
including any disconnection fees.
D. Construction Meters. See Section 1.05 above.
E. Other customers. A security deposit equal to two (2) months' estimated
average monthly water and sewer bill shall be required of all other customers
including commercial and multi-unit accounts.
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F. Deposits. The District does not pay interest on deposits. The interest drawn
by the District on customer deposits is returned into the operating budget of the
water/sewer fund to help in providing the lowest possible water and sewer rates for
our customers.
Section 3.02.
with the following:
Billing Procedures. All accounts shall be billed in accordance
A. Due Date and Delinquency. Charges for water and sewer service shall be
billed monthly. Payment shall be due on or before the twentieth (201h) day of the
month in the month in which the bill was received. Unless payment is received on or
before the twentieth (201") day of the month, such account shall be considered
delinquent. If the due date falls on a holiday or weekend, the due date for payment
purposes shall be the next working day after the due date. The District shall charge
a penalty on past due accounts calculated at the rate of fifteen percent (15%) per
month on water and sewer charges. The rates for water and sewer service shall
depend upon the type of user and upon whether the water used has been
chemically treated, as provided in this Rate Order. All accounts not paid by the due
date shall be deemed delinquent and failure to make payment thereafter may result
in the termination of water and sewer service.
B. Notice and Appeal. Prior to termination of service, a customer who is
delinquent in payment shall be sent a notice that service will be discontinued on or
after the fifteenth (151h) day after the date of such notice unless payment in full is
received before by such day disconnection is scheduled. Notice shall be sent by
first class United States mail and shall inform the customer of the amount of the
delinquent bill, the date service will be disconnected if payment is not made, and of
the customer's right to contest, explain, or correct the charges, services, or
disconnection. Service shall not be disconnected where a customer has informed
the District of his or her desire to contest or explain the bill. If the customer appears
before the Board, the Board shall hear and consider the matter and inform the
customer of the Board's determination by sending written notice to the customer by
first class United States mail stating whether or not service will be disconnected. In
the event that a service is disconnected more than two (2) times per calendar year
(January through December) for non-payment, an additional Security Deposit of
$100.00 will be required for Residential homeowners and $100.00 for Lessees to
restore service in addition to a $25.00 service fee, an afterhours re-connection
charges if applicable, and any outstanding balance on the account to satisfy the
minimum amount due. As set out above in Section 3.01. If payment is not received
prior to the date that disconnection has been scheduled, a service charge of twenty-
five dollars ($25.00) will be added to the account. Reconnections made outside of
the District's normal business hours at the customer's request will be charged at an
additional after hour's fee of one-hundred dollars ($100.00).
C. Business Hours. For purposes of assessing the foregoing charges, "normal" or
"regular" business hours shall mean only the hours between 8 a.m. and 5 p.m.,
Monday through Friday. All other times, including District holidays, are outside of
the District's normal business hours and will result in the higher charge.
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D. Returned Checks and Bank Drafts. A twenty-five dollar ($25.00) charge will be
charged to the customer's account for any check or ACH bank draft returned by the
bank. Any amounts due on an account which have been paid with a check or ACH
bank draft that has been returned by the bank must be paid in full by cash, cashier's
check or money order, including all late charges and returned check charges, within
ten (1 0) days from the day the District mails notice to the customer or otherwise
notifies the customer that the check or ACH bank draft has been returned by the
bank.
E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall
be made when a customer requests same-day service. As an example, this charge
will be implemented upon request by a customer for same-day service to start or
terminate water and sewer service or to perform re-reads the same day as
requested.
F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of ten
dollars ($1 0.00) shall be charged to a customer by the District for each meter
accuracy reading made by the District for such customer when the original reading
appears to be accurate. If the original meter reading appears to be in error, no fee
will be charged. Each customer will be allowed one accuracy meter reading per
calendar year at no charge. Should a customer request that the meter accuracy
reading be made by an outside source, then a fee of one-hundred-twenty-five
dollars ($125.00) will be charged to the customer. If the original meter reading is
found to be in error, then the customer will be given a credit offsetting the amount of
the charge.
G. Meter Data Loaaina Fee. A fee of twenty-five dollars ($25.00) shall be
charged to a customer by the District for each meter data logging service. Meter
data logging service can only be provided during regular business hours.
Section 3.03 Entitlement. Water and sewer service shall be provided to
customers in accordance with all TCEQ rules covering minimum water and sewer standards.
Section 3.04. Unauthorized and Extraordinary Waste. The rates established
herein are applicable for Domestic Waste as defined herein. Customers proposing to generate
other types of waste will be assessed additional charges as established by the District.
Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than a duly authorized
agent of the District shall open a meter box, tamper with or in any way interfere with
a meter, meter box, service line or other water and/or sewer system appurtenance.
The District reserves the right, immediately and without notice, to remove the meter
or disconnect water service to any customer whose meter has been tampered with
and to assess repair charges to the customer, plus a damage fee not to exceed
five-thousand dollars ($5,000.00), plus any applicable charge for same day service.
The District also reserves the right to file civil and/or criminal charges against any
person or entity tampering with the District's public water system and/or sewer
system.
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B. Repair. It shall be the responsibility of each customer to maintain the sewer
line including the tap, from the point of connection to the District's sewer system and
to the building served. It is the responsibility of the customer to maintain and repair
the water service line from the point of connection to the District's water meter. The
District reserves the right to repair any damage to the District's System and
appurtenances without prior notice and to assess against any customer such
penalties as are provided by law and such penalties provided for in this Rate Order
in addition to those charges necessary to repair the portion of the System so
damaged.
C. Video. If at any time a resident/customer wishes to have the District video
their sewer line to help the resident determine the condition of their sewer line, the
fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on
the next month's bill.
Section 3.06. Easements. Before service is established to any customer, the
person requesting such service shall grant an easement of ingress and egress to and from the
meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.07. Required Service. No service will be provided by the District
unless the customer agrees to receive both water and sewer service, except that permanent
irrigation only meters may receive water service only. Irrigation meters cannot be connected to
any building plumbing.
Section 3.08. Additional Charges. In all cases where services are performed
and equipment or supplies are furnished to a party or entity not within the District, the charge to
said party or entity shall be the District's cost of providing such services, equipment and/or
supplies, plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies
furnished by the District under an existing lnterlocal Agreement nor to the rates the District
charges for out-of-district water and sewer service.
Section 4.01.
waste shall be effective:
ARTICLE IV
INDUSTRIAL WASTE
Industrial Waste Policy. The following policy regarding industrial
A. Definition. "Industrial waste" shall mean the water-borne solids, liquids, and/or
gaseous wastes (including Cooling Water), resulting from any industrial,
manufacturing, trade, business, commercial, or food processing operation or
process, or from the development of any natural resource, or any mixture of such
solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of
1977, as amended, and the General Pretreatment Regulations contained in 40
C.F.R 403 contain the requirements for user's discharge of industrial waste into
wastewater facilities.
B. Industrial Waste Discharge-Charges and Rates. If any customer of the District's
sanitary sewer system proposes to discharge industrial waste into such system, the
Board of Directors of the District shall request the recommendation of the District
Engineer and shall establish rates and charges to provide for an equitable
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Rate Order No. 2014-05206
assessment of costs whereby such rates and charges for discharges of industrial
waste correspond to the cost of waste treatment, taking into account the volume
and strength of the industrial, domestic, commercial waste, and all other waste
discharges treated and techniques of the treatment required. Such rates shall be an
equitable system of cost recovery which is sufficient to produce revenues, in
proportion to the percentage of industrial wastes proportionately relative to the total
waste load to be treated by the District for the operation and maintenance of the
treatment works, for the amortization of the District's indebtedness for the cost as
may be necessary to assure adequate waste treatment on a continuing basis.
C. Pretreatment. The Board of Directors of the District shall rely upon the
recommendation of the District Engineer and shall require pretreatment of any
industrial waste that would otherwise be detrimental to the treatment works or to its
proper and efficient operation and maintenance or will otherwise prevent the entry
of such industrial waste into the treatment plant.
Section 5.01.
ARTICLE V
ENFORCEMENT/CIVIL PENAL TIES
Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil penalties for breach
of any rule of the District: The violator shall pay the District twice the costs the
District has sustained due to the violation up to five-thousand dollars ($5,000.00). A
penalty under this Section is in addition to any other penalty provided by the laws of
this State and may be enforced by complaints filed in the appropriate court of
jurisdiction in the county in which the District's principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the same
action, recover any reasonable fees for attorneys, expert witnesses, and other costs
incurred by the District before the court. The court shall fix the amount of the
attorneys' fees.
B. Liability for Costs. Any person violating any of the provisions of this Order andfor
the rules and regulations governing water and sanitary sewer facilities, service lines,
and connections shall become liable to the District for any expense, loss or damage
occasioned by the District by reason of such violation, and enforcement thereof
shall be in accordance with Paragraph A of Section 5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to enforce any
section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of
the District later to enforce any section, clause, sentence, or provision of this Order.
Section 5.03. Aooeal. Any determination by the District of any dispute
regarding the terms and provisions of this order may be appealed to the Board of Directors of
the District, which shall conduct a hearing on the matter. The District shall provide the customer
with information regarding appeals and hearing procedures upon the customer's request.
ARTICLE VI
MISCELLANEOUS
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Rate Order No. 2014-05208
Section 6.01. Amendments. The Board of the District has and specifically
reserves the right to change , alter or amend any rate or provision of this Order at any time .
Section 6.02. Severability. The provisions of this Order are severable, and if
any provision or part of this Order or the application thereof to any person or circumstance shall
ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any
reason , the remainder of this Order and application of such provision or part of this Order shall
not be affected thereby .
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the "2014-0520 Rate Order'' (Order No . 2014-0520) of the
District. All previous Orders adopted by the Board of Directors pertaining to the subject matte r
hereof are each hereby repealed in their entirety as of the effective date hereof.
ART ICLE VIII
EFFECTIVE DATE
This Order shall be effective July 1, 2014.
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open to the public as
required by law, and that public notice of the time, place , and subject matter of said meeting and
of the proposed adoption of this Order was given as required by law.
PASSED, ADOPTED, ORDERED, AND APPROVED this 20th day of May 2014.
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