§ 19-179. General terms and conditions regarding water and wastewater service.

(1)

Policy dispute. Any dispute between the county and a customer or prospective customer regarding the meaning or application of any provision of this division shall, upon written request by either party, be resolved by the county administrator or his designee.

(2)

Signed application required. Water and wastewater service capacity may be furnished only after a signed application or agreement and payment of the applicable water and wastewater capital charges are accepted by the county. The conditions of such application or agreement are binding upon the customer as well as upon the county. A copy of the application or agreement for water and wastewater service accepted by the county will be furnished to the applicant on request. The applicant shall furnish to the county the correct name and street address and lot and block number at which water and wastewater service is to be rendered. The applicant shall also supply proof of identity in accordance with the Federal Trade Commission (FTC) "Red Flags" rule establishing identity theft prevention programs. Applications for service shall be tendered only by duly authorized parties.

(3)

Withholding service. The county may withhold or discontinue water and/or wastewater service rendered under application made by any member or agent of a household, organization, or business unless all prior indebtedness to the county of such household, organization, or business for water and wastewater service has been settled in full in accordance with county policy. Service may also be discontinued for any violation made by the customer of any rule or regulation set forth in this [division].

(4)

Extension. Extensions will be made to the county's facilities in compliance with the county's service availability ordinance as established herein and in the Marion County Utility Service Availability and Extension Rules. The county will make such extensions to its existing facilities as may be required by one or more customers provided the revenues to be derived therefrom shall be sufficient to afford a fair and reasonable return on the cost of providing and rendering the water or wastewater service. Otherwise, the county will require from the customer prepayments, cash advances, minimum guarantees, service guarantees, contributions-in-aid-of-construction, or other arrangements with the customers, whereby the county will be enabled to provide and render the required service.

(5)

Limitation of use. Water and wastewater service purchased from the county shall be used by the customer only for the purposes specified in the application for water and wastewater service.

(6)

Continuity of service. The county will at all times use reasonable diligence to provide continuous water and wastewater service and, having used reasonable diligence, shall not be liable to the customer for failure or interruption of continuous water and wastewater service. The county shall not be liable for any act or omission caused directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns for emergency repairs or adjustments, acts of sabotage, enemies of the United States, wars, United States, state, municipal or other governmental interferences, acts of God or other causes beyond its control.

(7)

Type and maintenance. The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with standard practice and shall conform with the rules and regulations of the county. The county shall not be responsible for the maintenance and operation of the customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect water or wastewater service provided by the county. The county reserves the right to discontinue or withhold water and wastewater service to such apparatus or device.

(8)

Change of customer's installation. No changes or increases in the customer's installation, which will materially affect the proper operation of the pipes, mains, or stations of the county, shall be made without written consent of the county. The customer shall be liable for any change resulting from a violation of this rule.

(9)

Inspection of customer's installation. All customer's water or wastewater service installations or changes shall be inspected upon completion by competent authority to insure that customers' piping, equipment, and devices have been installed in accordance with accepted standard practice and such local governmental or other rules as may be in effect. Where municipal or other governmental inspection is required by local rules or ordinances, the county cannot render water or wastewater service until such inspection has been made and a formal notice of approval from the inspecting authority has been received by the county. The county reserves the right to inspect customer's installation prior to rendering water or wastewater service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof.

(10)

Protection of county's property. The customer shall exercise reasonable diligence to protect the county's property on the customer's premises and shall knowingly permit no one but the county's agent or persons authorized by law to have access to the county's pipes and appurtenances. In the event of any loss or damage to property of the county caused by or arising out of carelessness, neglect, or misuse by the customer, the cost of making good such loss or repairing such damage shall be paid by the customer.

(11)

Access to premises. The duly authorized agents of the county shall have access to the premises of the customer for the purpose of installing, maintaining, inspecting, or removing the county's property or the performance under or termination of the county's agreement with the customer and under such performance shall not be liable for trespass.

(12)

Right-of-way or easements. The customer shall grant or cause to be granted to the county and, without cost to the county, all rights, easements, permits, and privileges which are necessary for the rendering of water or wastewater service.

(13)

Billing periods. Bills for water and/or wastewater service will be rendered monthly as stated in the rate schedule and shall become due when rendered and be considered as received by the customer when delivered or mailed to the water service address or some other place mutually agreed upon. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.

(14)

Delinquent bills. Bills are due when rendered, and if not paid within twenty (20) days thereafter become delinquent and water or wastewater service may then, after five (5) days' written notice, be discontinued. Water and wastewater service shall be restored only after the county has received payment for all past-due bills and reconnect charges from the customer, together with a reconnection charge as may be specifically set forth by resolution from time to time. There shall be no liability of any kind against the county for the discontinuance of water and wastewater service to a customer for that customer's failure to pay the bills on time. Partial payment of a bill of the water and wastewater service rendered will not be accepted by the county, except by the county's agreement thereof.

(15)

Reimbursement for extra expenses. Except as otherwise provided for herein, the customer shall reimburse the county for all extra expenses (such as for special trips, inspections, additional clerical expenses, etc.) incurred by the county on account of the customer's violation of the contract for service or of the county's rules and regulations as set forth and established within the water and wastewater service rate resolution.

(16)

Payment of water and wastewater service bills concurrently. When both water and wastewater service are provided by the county, payment of any wastewater service bill rendered by the county to a customer shall not be accepted by the county without the simultaneous or concurrent payment of any water service bill rendered by the county. The county may discontinue both water service and wastewater service to the customer's premises for nonpayment of the wastewater service bill or water service bill or if payment is not made concurrently. The county shall not reestablish or reconnect wastewater service and/or water service until such time as all wastewater and water service bills and all charges are paid.

(17)

Temporary discontinuance of service. At any time that water or wastewater service is not being furnished to the premises, as confirmed by the county furnishing said water or wastewater service, upon application to the county by the customer for a temporary shutoff, billing for service to the premises will be continued at the base facility charge. It is hereby determined the said base facility charge provides a direct benefit to both the owner and, if applicable, current occupant of the premises.

(18)

Change of occupancy. When a change of occupancy takes place on any premises supplied by the county with water and wastewater service, written notice thereof shall be given at the office of the county not less than three (3) days prior to the date of change by the outgoing customer. The outgoing customer shall be held responsible for all water, wastewater and service rendered on such premises until such written notice is so received by the county and the county has had reasonable time to discontinue the water and wastewater service. However, if such written notice has been received, the application of such a succeeding occupant for water and wastewater service will automatically terminate the prior account. The customer's deposit may be transferred from one service location to another, if both locations are supplied water and wastewater service by the county. The customer's deposit may not be transferred from one name to another, except in the case of marriage, divorce, or death. Notwithstanding the above, the county will accept telephone orders, for the convenience of its customers, to discontinue or transfer water and wastewater service from one service address to another and will use all reasonable diligence in the execution thereof. However, oral orders or advice shall not be deemed binding or be considered formal notification to the county. In the event that a property owner has leased a property to a tenant, it will be the property owner or agents' responsibility to see that the tenant has applied for service with the county. The owner will continue to be responsible for all service rendered until such change has occurred.

(19)

Unauthorized connections. Connections to the county's water and wastewater system for any purpose whatsoever shall be made only by employees of the county. Any unauthorized connections to the customer's water or wastewater service shall be subject to immediate discontinuance without notice, in addition to other enforcement provisions deemed necessary and appropriate by the county. Water and wastewater service shall not be restored until such unauthorized connections have been removed and until settlement is made in full to the county for all water and wastewater service estimated by the county to have been used by reason of such unauthorized connection. If a water and wastewater customer disconnects the previously active county water connection and replaces the same with another source, such shall be an unauthorized connection, a code violation, a cross connection as shown in subsection [24], and shall be remedied as soon as possible to protect the integrity and potable quality of the water system.

(20)

Adjustment of bills. When a customer has been overcharged or undercharged as a result of incorrect application of the rate schedule, incorrect reading of a water meter, or other similar reasons, the amount may be credited or billed to the customer, for services rendered, not in excess of one year. If a customer incurs an abnormally excessive charge for usage due to a leak, the county may review and adjust a customer's bill on an individual basis to the third tier of the water rate structure and adjust wastewater to the customer's average use in accordance with the policies of the county.

(21)

Meters. All water meters shall be furnished by and remain the property of the county and shall be accessible and subject to its control. The customer shall provide meter space to the county at a suitable and readily accessible location, within the premises to be served, and the same should be of adequate and proper space for the installation of meters and other similar devices.

(22)

All water through meter. That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples, or spacers are permitted and under no circumstances are connections allowed which may permit water to bypass the meter or metering equipment.

(23)

Fire protection. Fire protection facilities and service shall be provided as depicted in the the county land development regulations as amended. Service rates and charges shall be set forth in a separate resolution.

(24)

Cross connection. Connection of any facility other than potable water to potable water, raw wastewater to raw wastewater or reclaimed water to reclaimed water for reuse is strictly prohibited. Violations shall be subject to such penalties as established by the board.

(25)

Backflow protection. Backflow protection shall be provided by each customer as applicable and in accordance with county land development regulations and the rules and regulations of the state department of environmental protection, as amended.

(26)

Base facility charges. The base facility charge is the water service and wastewater service availability charge. Any property owner listed with the county tax collector that is within the county service area is responsible for payment of the monthly base facility charges where service is available. This charge will be assessed to either the current occupant of the premises or the property owner, regardless of whether the service is currently in use or not. All charges are billed monthly and due monthly. Charges will continue to accumulate regardless of any inconsistencies of information on record, such as an incorrect address.

(27)

Water meter installation charge. Each applicant shall be charged for the water meter, meter service box and for installation of the water mater. the schedule for such charges shall be set forth in a separate resolution.

(Ord. No. 04-4, § 6, 3-2-2004; Ord. No. 09-05, § 1, 3-11-2009)