1 2014 SERVICE RULES AND REGULATIONS LOUISVILLE WATER COMPANY
2 TABLE OF CONTENTS 1.0 Water Service and Meters 1.01 General Policies Application of Rules... page Violation of Rules... page Water Quality... page Water Supply... page Application / Eligibility Eligibility for Service.. page Application for Service... page Payment of Fees / Charges.. page Retail Water Service Service Installation.. page Plumbing Permits... page Charge for Service... page Types of Services Available Domestic Service page Fire Service. page Irrigation Service page Combined Residential Domestic / Fire Service.. page Combined Commercial Domestic / Fire Service page Livestock Service... page Location of Meter / Responsibility for Service General page Length of Service page Customer / Applicant Obligation for Facilities. page Private Plumbing Facilities Maintenance Obligations page Re-Sale of Water. page Use of Water... page Relocation of Service Line. page Meter Measurement Required of All Water Supplied Meter Requirement. page Unauthorized Water Usage. page Water Fill Stations.. page Residential Water Service Through Private Easement Meter Application Criteria.. page Approval. page Failure to Comply... page Temporary Service / Meters Application for Temporary Service. page Temporary Account Period. page Temporary Service Attachments. page Fees / Charges.... page Company Removal of Temporary Service.. page 7
3 1.09 Multiple Unit Premises General. page Multiple Units.. page Master Meters.. page Customer s Shut Off Valve 1.11 Plumber License and Instructions Plumbing Permit.. page Homeowner s Permit... page On / Off Status of Service.. page Risk of Loss / Liability Loss, Damage, Injury... page Responsibility.. page Before You Dig (BUD)... page Damage to Company Facilities... page Discontinuance of Service Discontinuance by the Customer. page Discontinuance by the Company. page Discontinuance of Fire Service.... page Payment of Deposit, Bills, Fees and Other Charges Service Deposit.... page Late Payment Fee..... page Delinquent Bills... page Overdue Notice.... page Responsibility for SFO Usage page Hearing Officer... page Administrative Hearing... page Shut Off After Administrative Hearing.... page Notice of Shut Off.... page Restoring Services... page Returned Check Fee... page Combined Billing. page Fees for Activities / Services Performed by Company... page Cross Connection Control Charge... page Existing Service Activation Fee page Existing Service Deactivation Fee page Backbilling and Billing Refunds.. page Elevated Service Charge page Fire Protection Services and Charges General. page Use of Fire Service... page Fire Service Charges.... page Combined Residential Domestic / Fire Services page Combined Commercial Domestic / Fire Services.. page Estimating of Consumption Estimated Bill... page Inaccurate Meter. page 13
4 2.0 Cross Connection and Backflow Prevention 2.01 Backflow Prevention, Foreign Supplies, Existing Water Service, and Dual Service Supplies Backflow Testing.. page Backflow Prevention Assembly Requirements..... page Existing Water Service. page Fire Service Backflow Prevention.... page Combined Residential Domestic / Fire Service and Combined Commercial Domestic / Fire Service page Foreign Supplies... page Dual Services... page Fountains, Swimming Pools and Aquariums... page Right to Inspect. page Failure to Comply. page Exceptions. page Water Main Extensions for Retail Service Area 3.01 General Policy for Extensions General.. page Extension Methods... page Extension Approval.. page Compliance with Applicable Rules and Regulations... page Tap Defined.. page Company Extensions page Minimum Extension Length... page Ownership / Control. page Rights-of-Way and Easements... page Street Grade Restriction... page Determination of Size of Water Main... page Betterment page Cost of Fire Hydrants page Elevated Service Area... page One Hundred Lot Rule.. page Developer Tapping Fee Extension Method Cost of Extension.. page Design Standards.. page Collection and Payment of Tapping Fees... page Waived Tapping Fee Privileges... page Recovery Period... page Acquired or Merged Systems... page Refunding of Installation Cost Extension Method Application page Refund for Projects Utilizing 5/8 x ¾ Services..... page Refund for Projects Utilizing Unconfirmed Sizes of Services Greater than 5/8 x ¾... page 22
5 3.04 Two-Thirds Majority Tapping Fee Extension Method Application... page Cost of Extension.. page Design and Construction Standards.. page Tapping Fee.. page Payment Method... page Subsequent Connections... page Recovery Period page Subsequent Extensions..... page Apportionment Warrant Extension Method (KRS ) General.. page Apportionment Warrant Tapping Fees..... page Extension by Private Agreement.. page Rebating Tapping Fee Extension Method Application... page Equitable Share of Cost... page Collection of Tapping Fees... page Rebating of Tapping Fees... page Recovery Period... page System Development Charge Rule General.. page Specific System Development Charge.. page Waterworks Facility Relocation General Policy... page Construction Procurement Options... page Undepreciated Value of Assets to be Relocated or Abandoned page Cost Adjustment... page Ownership and Control..... page Determination of Size of Water Main... page Rights of Way and Easements.. page Tapping Fees 4.01 Tapping Fee Policy... page Tapping Fee Schedule. page Tapping Fees in Water Districts Leased page Fire Hydrants 5.01 General... page Fire Hydrants Requested by Individuals or Agencies.. page Ownership of Fire Hydrants... page Certified Flow Tests... page Private Fire Hydrants page 29
6 Page WATER SERVICE AND METERS 1.01 General Policies Application of Rules - All water service shall be governed by these rules and regulations as stated or as amended by the Board of Water Works. The rules and regulations shall be strictly and impartially enforced by the (LWC) officers, employees and the Board of Water Works. Variances from these rules and regulations must be authorized by the Chief Engineer or his designee with documentation of the variance filed with the Corporate Secretary Violation of Rules - Any customer violating or permitting violations of the Company's rules and regulations governing the introduction, supply and consumption of water will be notified thereof, in writing. The notification of violation will be delivered by hand or by certified mail. If the customer then fails or refuses to comply immediately with the order of the Company, the Company may terminate the water service. The Company retains its right to recover all costs incurred because of such violation and to report violations of law. Water service will not be restored until the rule violation is corrected, satisfactory arrangements have been made to recover all costs incurred as a result of the violation, and satisfactory assurance is given that future abuses will not occur. In the case of persistent violation and disregard of the Company's rules, the service attachment, corporation stop or ferrule, may be withdrawn from the distribution pipe and the supply wholly discontinued Water Quality - The Company will meet all State and Federal standards and / or any other applicable governmental laws and regulations for drinking water. However, the Company is not and cannot be responsible for the quality of its product once such product leaves its system and passes a point beyond its control. The Company expressly reserves the right to disconnect, confiscate unauthorized devices, and / or discontinue water service or any other connection with or without notice where the Company discovers, finds or is otherwise made aware of any such installation that poses a threat to the public water supply, public health or public safety Water Supply - The Company cannot guarantee a specific water pressure, quantity or an uninterrupted supply of water. The supply will be as free from interruptions as is possible. The supply and pressure in the public water system may be affected by main breaks, scheduled repairs, alterations, additions, fire hydrant usage, variations in hydraulic performance and acts of God Application / Eligibility Eligibility for Service - Except as permitted under Service Rule 1.07, a property is eligible for water service only when it abuts a public right-of-way, public water easement or other public utility easement within which a Company water distribution main is located Application for Service - Applications for service attachments to distribution pipes must be made by the owner of the premise to be served or by the owner's agent as authorized in writing. When requested by the Company, the applicant must, as a prerequisite for the granting of the application, provide proof of ownership or written authority to act as an agent for the owner, state fully and truthfully all purposes for which the water is requested and sign a required application for such service. Applications will be reviewed to determine eligibility and may be
7 Page 2 denied. Examples of ineligibility may include, but are not limited to, reasonable suspicion of identity theft, insufficient required paperwork or permits, and / or inadequate hydraulic capacity Payment of Fees / Charges - Upon approval of an application, service will be scheduled upon receipt of applicable fees and charges related to obtaining service and payment of all other outstanding bills or charges from another address where service was provided and was the responsibility of the applicant. Any additional charges or refund on accounts will be made to the person or business named as account holder Retail Water Service Service Installation - Upon proper application for its service, the Company shall furnish and install (if not already present), at the applicant's expense, that portion of the service line from the Company's distribution main to the applicant's property line or easement line including necessary appurtenances Plumbing Permits - The service will not be installed until the applicant obtains and submits copies of all necessary approvals and permits from the local plumbing inspection office and health department. Plumbing permits may be obtained from the following agencies: Bullitt County Health Department (for property in Bullitt County) State Department of Housing, Division of Plumbing (for property in Jefferson County) Oldham County Health Department (for property in Oldham County) Charge for Service - There shall be a flat service installation fee under typical construction conditions for the following: ¾ domestic services 1 domestic services 1½ domestic services 2 domestic services 1 two-way domestic service ¾ irrigation retrofit 1 three-way domestic service 1 four-way domestic service 4 fire service 6 fire service 8 fire service The Company may also establish service installation fees for other services as determined by the Company. For non-typical service installations, the Company reserves the right to charge the actual costs of installation (e.g. rock, multi-lane roads, etc.). If, in the judgment of the Company, the above domestic water service line installation has unusual installation obstacles or shall be longer than 100 feet, then such services will be installed on an actual cost basis upon approval by the Chief Engineer or designee. The amount of the flat service installation fee is approved by the Board and shall be published as the New Service Fee Schedule. Charges are determined from the estimated average cost of installations based on service size. Any service for which a service installation fee has not been established shall be installed on an actual cost basis. The installation fee or deposit based on the estimated cost will be taken at the time of application.
8 Page Types of Services Available Unless specifically authorized in Rule 1.09, , , or , only one domestic, one fire and one irrigation service shall be provided into a premise unless the Chief Engineer, or designee, approves the customer's demonstrated need for additional service and appropriate backflow prevention is installed as approved by the Company as required in Rule Domestic Service A domestic service is defined as a water service to provide water for potable purposes. A domestic service shall be the only source used in filling swimming pools Fire Service A fire service is defined as a water service to provide water for fire protection or firefighting purposes and it is not for potable use Irrigation Service An irrigation service is defined as a water service to provide water for irrigation of vegetation. An irrigation service shall not be used as a source to fill swimming pools or for any other sanitary or potable use and none of the water shall be discharged into the sanitary sewer system Combined Residential Domestic / Fire Service A combined residential domestic / fire service is defined as a fire sprinkler system that complies with the most current version of NFPA 13R combined with a domestic service for residential customers Combined Commercial Domestic / Fire Service A combined commercial domestic / fire service is defined as a commercial limited area fire sprinkler system that complies with the most current version of NFPA 13R and 13D, combined with a domestic service for commercial customers Livestock Service A livestock service is defined as a water service to provide water to livestock and other animals, poultry, etc. that are domesticated. A livestock service shall not be used as a source to fill swimming pools or for any other sanitary or potable use and none of the water shall be discharged into the sanitary sewer system. The private service piping for a livestock service shall provide backflow protection in accordance with LWC s backflow prevention standard Location of Meter / Responsibility for Service General - The Company shall own and maintain the water meter, meter vault and service line from the water main to and including the meter assembly in the meter vault and the tailpiece extending to the customer's property service connection. The customer shall own and maintain the private service line between the property service connection and the premise. In addition, the customer owns and maintains the union between the tail piece and the private service line. All persons who are not LWC employees or LWC authorized contractors are prohibited from accessing the meter vault and its contents including the meter and its appurtenances except in case of an emergency shut off of the service. The Company may pursue legal action against anyone illegally accessing its facilities, including the meter vaults. Location of Meter / Service - Meters shall be generally installed in vaults located in the right-ofway or public easement area as near as possible to the customer's property line or easement line. Water service pipe and meters shall generally be installed so that the service pipe and meter are perpendicular to the water main. Given this limitation, and except as set out below, the water
9 Page 4 service pipe and meter installed by the Company shall be at a location agreed upon between the Company and the applicant. Where service is installed, the location shall be as designated below (in order of priority): a. Location of previously installed service sleeve, or b. For a corner lot, in the middle of the premise on the side of the property closest to the water main (no stake card present and no previously installed service sleeve) unless customer has agreed to pay for actual cost of installation, or c. Location of private service lines installed prior to the meter / service installation (if no previously installed service sleeve), or d. Location of stake card, provided by the Company, attached to a stake, placed on site by the applicant, or e. The location marked on the service application (if no stake card present), or f. The center of the premise fronting the closest water main (if no stake card is present and the location is not marked on the New Service Application). The cost of relocation of service pipes, vaults, and meters in a different location than the one determined by the Company as set forth above shall be paid by the applicant. It shall be the responsibility of the applicant to maintain the card and stake at the proper location, if applicable, until the service pipe and meter vault are installed. Service installation is dependent on site accessibility to the property. Assuring accessibility is the responsibility of the applicant. The Company reserves the right to locate services without agreement where necessary. Special Interior Meter Location - Where it is necessary to install an interior meter within a customer's premise, ample and suitable space, free from exposure to frost, shall be furnished to the Company by the owner of such premise wherein to set, read, and repair the meter. This space at all times shall be accessible to the Company's employees, which shall be unobstructed by the customer. Any damage incurred as a result of leakage within the customer's premise shall not be the liability of the Company. Where a meter is located within the customer's premise, the customer shall have available near the meter, facilities or equipment to drain or remove any water leakage from the meter or Company facilities Length of Service - Service lines greater than 100 feet in length from the main to the meter must be approved by the Chief Engineer or designee Customer / Applicant Obligation for Facilities - The applicant shall furnish and install the necessary private service line from the property line or easement line to the place of consumption and shall be responsible for the maintenance of the same Private Plumbing Facilities Maintenance Obligations - All premise owners, tenants, and customers shall keep their private service lines, water shut-off valves, and other plumbing fixtures in good repair and operating condition to preclude the public water supply from adverse risk or to prevent any contamination of the public water supply Re-Sale of Water - Water delivered by the Company shall not be resold except as permitted by the Company pursuant to a written agreement, including an application under Rule to utilize a fill station.
10 Page Use of Water - Water delivered by the Company shall not be used in any way that might conflict with Company or governmental rules and regulations and customers should not waste water Relocation of Service Line - Customer will be required to pay for the installation of a new service and the cost to properly discontinue the old service when the customer requests relocation of an existing service line Meter Measurement Required of All Water Supplied Meter Requirement - All water supplied by the Company shall be measured by meters installed and maintained by the Company for that purpose. shall issue all meter and service installation materials Unauthorized Water Usage - If it is determined that water is being used or taken without being metered or if an unauthorized bypass of a meter has been installed, the Company, at its discretion, will bill the responsible customer for the estimated amount of water usage. If the unauthorized water use continues or poses a threat to the safety of the public water supply, the Company may disconnect, confiscate the unauthorized device, and discontinue the water service to the premise as provided in Rule with or without notice to the customer. The Company reserves the right to prosecute water theft in addition to the above actions Water Fill Stations - The Company may, at its option, provide fill stations to supply water to mobile tanks. Those wishing to use such fill stations must apply for an account with the Company stating the intended use of the water. Account applications will not be accepted for lawn chemical service, mobile vehicle washing or other activities involving potentially toxic or hazardous materials due to the following, which includes but is not limited to, potential hazards of back-siphonage and introduction of toxic or foreign materials into public water system Residential Water Service Through Private Easement Meter Application Criteria Upon application for residential water service the Company may allow such a property to receive metered water service through a private service line installed within a private water easement so long as the following criteria are met: a. Where installation of a public water main is determined by the Company to not be in its best interest. b. The property does not front a publicly dedicated right-of-way or public water main extension. c. The property proposed for service has been or will be developed as a single family residence. d. The applicant obtains a letter from the appropriate fire district indicating that the fire protection district has no objection to the installation of a domestic water service and service line to the property in question, and that the installation of a public fire hydrant is not required. e. The maximum length of the private water service line generally shall not exceed 1,000 linear feet, measured from the Company's meter, and shall generally not exceed 50 feet in elevation change from the Company s meter to the residence unless system capabilities can support a longer private service line of such a private water service installation or the applicant formally commits to installation of private water service improvements as directed by the Company. f. The property proposed for service must have available to it a minimum 10 feet wide perpetual private water service easement that permits the installation, maintenance, repair or replacement of a private water line extending from a public water main to the benefited property. A copy of the duly recorded easement document must be provided to the Company
11 Page 6 prior to application for service. The easement shall be that form approved by the Company. g. The property proposed for service must have a recorded declaration of restriction limiting further development until it abuts a public right-of-way or it abuts a water main extension within a publicly dedicated easement. A copy of the recorded declaration, in a form satisfactory to the Company, must be provided to the Company prior to the application for service Approval - Each written request for residential water service through a private easement will be reviewed on a case by case basis and be subject to approval by the Chief Engineer or designee Failure to Comply Failure of the applicant to comply with the requirements set forth under Section as approved under Section is subject to water service shut off or discontinuance at the sole discretion of the Company with notice to the applicant Temporary Service / Meters Application for Temporary Service - Upon proper application for a temporary service, the Company may issue a temporary service account and a temporary meter service assembly for use by the applicant in accordance with these rules. Applications for temporary services will not be accepted for lawn chemical service, mobile vehicle washing or other activities involving potentially toxic or hazardous materials due to the following, which includes but is not limited to, potential hazards of back-siphonage and introduction of toxic or foreign materials into the public water system. If the temporary service is used for fill tanks, vessels, or impoundments, the customer must operate the temporary service with a Reduced Pressure Principle (RPP) assembly back flow prevention device or air gap between the temporary meter service assembly and the receiving tank, vessel, or impoundment Temporary Account Period - Temporary service account permits may be issued for periods of up to twelve months in length, and the Company may issue renewals upon expiration of the permit period. At no time may a temporary service compromise the performance and safety of the public water supply system. Therefore, a permit may be issued for shorter durations and may be terminated prematurely if, in the judgment of the Company, the temporary service compromises the public water supply system. All temporary service meters must be returned for testing and maintenance at the end of the permit period Temporary Service Attachments - Upon approval by the Company, temporary services will be attached only to existing services or fire hydrants. When a fire hydrant is utilized, the permit shall be for only the fire hydrant specified by the attachment number on the application, and the applicant shall give notice of use of that fire hydrant to the appropriate fire district. For certain uses, such as road or pipeline construction, where more than one fire hydrant is involved, the temporary service permit may be written to cover multiple fire hydrants. The particular hydrants to be used must be specified by attachment numbers on the application. In case of multiple fire hydrants use, exact locations and addresses are required and the applicants shall give notice of use to the appropriate fire districts. This will allow LWC to inspect the fire hydrants for damages and proper functionality. The Company reserves the right to bill the customer for repairs and damages to any fire hydrants that are being utilized for the temporary service application Fees / Charges - Temporary services are subject to the following: a. water service charge
12 Page 7 b. daily service fee c. deposit (partially refundable) covering the cost of the meter assembly d. water consumption charge e. damage fees to the fire hydrant and / or temporary service meter assembly The refundable deposit will be returned, less deductions for unbilled water consumption and any damage to the meter assembly, fire hydrants, and / or appurtenances used Company Removal of Temporary Service - The Company reserves the right to suspend or terminate temporary service applications and to remove, retrieve or confiscate a temporary service meter assembly, when necessary to enforce Company service rules when it otherwise endangers the public water supply, or for non-payment Multiple Unit Premises General - Only one building shall be supplied with water from each service attachment, unless the buildings to be supplied with water are on the same property and owned by the same entity which shall be responsible for all water bills Multiple Units - Apartment houses, condominiums, patio homes, shopping strips, or other similar structures owned by one entity, and each having their own distinct physical address, may have separate service attachments. Each tenant will be responsible for their own water bill. Individual service attachments may be supplied to each premise provided that each individual unit has a direct perpendicular pathway to the public right-of-way or public easement that contains a water main. Individual service connections will not be installed for premises above or below the ground floor Master Meters - Master Meters shall be permitted to supply water to multiple premises, tenants, persons or structures providing the following criteria are met: a. Buildings or structures front dedicated right-of-way, roadways, or Company easements in which a public water main could be installed. b. One person or entity will pay the water bill. c. System Development Charge (SDC) will apply to all retail Master Meters. d. The Master Meter application must meet the criteria outlined in Section e. The applicant must supply a site plan approved by the appropriate Fire Protection District. f. Master Meters of 3 inches and larger shall be reviewed for approval by the Chief Engineer or Designee. g. SDC will not apply to Master Meters installed to supply Kentucky Division of Water (KDOW) regulated water distributors. h. Master Meter private piping will not cross any public water main and shall not be located closer than five feet to a public water main other than the connection Customer's Shut Off Valve Water customers, tenants or owners of premises into which service pipes have been introduced or installed are forbidden to operate the Company's shut off valves. LWC recommends that customers, at their expense, install shut off valves on every service line located at the first suitable point beyond the property or easement line. This shut off valve is to enable the owner, tenant, or customer to turn off the water in case of accident to the pipes or water fixtures on the premises.
13 Page Plumber License and Instructions Plumbing Permit - Plumbers licensed under the laws of Kentucky, and with proper permits shall install pipes and fixtures or make connections or repairs to facilities of water customers of the Company and then only in accordance with the rules and regulations of the Company and all applicable local and State plumbing codes Homeowner's Permit - Homeowners, with proper permits, may install pipes and fixtures or make connections or repairs to facilities only on their own property and then only in accordance to the rules and regulations of the Company and all applicable local and State plumbing codes On / Off Status of Service - Only Company representatives may change the status of a water service attachment or service meter Risk of Loss / Liability Loss, Damage, Injury - The Company will not be responsible or liable for any loss, damage or injury to the customer or third parties arising out of or relating to the introduction of its water service onto a customer's premises Responsibility - Where the space beneath the sidewalk from the curb line to the property line has been appropriated to private use, the piping fixtures and water conveyed therein, and any such damage occasioned thereby, becomes the liability of such owner, occupant, tenant, or water customer Before You Dig (BUD) - Kentucky Prior to excavating, all persons must comply with the requirements of State and local law for locating and marking underground facilities. To reach Kentucky 811 or BUD dial Damage to Company Facilities - In all cases where any Company facilities are broken, cut, otherwise damaged or caused to leak by an act or omission performed by any third party, the Company shall make a claim and pursue collection against the responsible party(ies) for any and all actual costs for repairing and restoring the facility including, but not limited to, the cost of physical repairs, flushing the water supply system, and chemical treatment Discontinuance of Service Discontinuance by the Customer - When a customer wishes to discontinue the water service account in their name, it shall be the customer's responsibility to notify the Company at its office by oral or written order to terminate such service. Only then will the customer be relieved of the responsibility for any future charges for water used through such service Discontinuance by the Company - The Company may discontinue a water service without notice if it poses a threat to the safety of the public water supply or if it is received through an illegal and / or unauthorized connection. The Company may discontinue a water service with prior notice for nonpayment of charges and fees Discontinuance of Fire Service - In addition Fire Service accounts cannot be discontinued and water turned off unless written permission is granted to the Company from the appropriate fire department Payment of Deposit, Bills, Fees and Other Charges
14 Page Service Deposit A refundable Service Deposit approved by the Board of Water Works will be charged to and shown on the first billing statement or split between the first two billing statements of all customers applying for residential, commercial or industrial water service who: a. have not had an account with LWC for three consecutive years; or b. have had a previous account in bad debt or bankruptcy status; or c. have had a service disconnected due to non-payment within the last three years of service. The Service Deposit will not be required of a customer who: a. provides a valid letter of good credit from a previous water utility and / or b. provides adequate information to allow payments to be electronically drafted from their checking account via Electronic Funds Transfer (EFT). The Service Deposit will only be refunded when: a. a customer closes the account and a sufficient credit balance exists to cover the full amount or a portion of the service deposit after the final billing of the account; or b. the customer has paid their bill in a timely manner for three consecutive years Late Payment Fee Payment of bills are due monthly or bi-monthly by the end of the business day on the due date displayed on the water bill. If a customer refuses or neglects to pay the bill by the due date indicated, late fees approved by the Board of Water Works will be applied to the total outstanding balance and shall be immediately due and payable Delinquent Bills - If any consumer becomes delinquent in the payment of water bills, as set in the preceding paragraph of this rule, the Company will, at its discretion and within the guidelines set out below, turn off the water service at the premise on which such delinquency exists. The Company reserves the rights to refuse reconnection of service at the premise until the customer has fulfilled his obligations as herein set out Overdue Notice - Not less than twenty-one (21) days after the original billing, any customer who has failed to pay the amount due shall be notified that the account is overdue, and setting forth a day, not less than seven (7) days after the date of notification, water service will be turned off Responsibility for Service Found On Usage - In cases where a service is found on unauthorized (SFO), the owner/landlord will be held responsible unless for the timeframe in question, the Company has been provided a written lease between Owner and Tenant specifying that Tenant is responsible for the water bills Hearing Officer - The President shall appoint one or more of the Company's employees to act as hearing officers to hear concerns by customers relative to disputed water bills Administrative Hearing - Promptly upon receipt of notice from any customer that a bill is disputed, said customer shall be notified of the date of the administrative hearing which shall be held at the offices of the Company. At this hearing, the hearing officer shall carefully consider all of the evidence presented and, at the conclusion of the hearing, shall advise of the Company's final determination as to the amount due. If for any reason, the hearing officer is unable to render a decision at the conclusion of the administrative hearing, he / she will mail the customer a written notice of his / her decision as soon as possible. The hearing officer shall have the authority to reaffirm the amount owed, to excuse all or any part of the amount owed, or to refund or apply credit to the account. The hearing officer s decision shall be the final decision of the Company.
15 Page Shut Off After Administrative Hearing - If the decision of the hearing officer is to the effect that some amount is still owed to the Company, and that amount is not paid within three (3) days after either a decision of the hearing officer at either the conclusion of the hearing or receipt of written notice of the decision to the customer, the Company will turn off said customer's service without further notice Notice of Shut Off and Non-Payment Fee Prior to turning off water service for non-payment, the Company will attempt to contact customers by phone and through a final bill notice mailed to the address listed on the account. The final bill notice will indicate the disconnect date. If the customer s payment is not received before the disconnect date, the customer will be charged a non-payment fee and the service will be scheduled for disconnection Restoring Services In order to restore water service that has been turned off due to nonpayment, the customer must pay the full account balance including any fees prior to restoration Returned Check Fee - Should any check received by the Company from a customer for water service be returned by the bank upon which it was drawn, the Company will charge the customer the Board approved charge then in effect, which, together with the full amount for which the check was presented, must be paid immediately or water will be discontinued. In the event such water service is discontinued because of this rule the water service will not be restored until the charges referred to in section shall have been paid in addition to the charges imposed by this paragraph Combined Billing - Where more than one metered service serves a single premise, and a. service pipes are not inter-connected within the customer s premise, and b. the entire consumption within the premise cannot be supplied by any one existing service, and c. any one existing service cannot be enlarged to supply the full requirement of the premise because of the capacity of the Company s grid system, and d. with prior approval by the Company the readings of the meters on these services may be combined for computing the bill for water used at the premise. If the premise is also billed for waste water volume that is based on total water consumption, this combined meter reading will be used for computing the waste water volume charge. When waste water volume charges are based on water consumption, the same meter reading calculation method must be used in computing each charge on any one bill. The foregoing provisions notwithstanding combined billing cannot be permitted if the charge for water registered by one of the meters is exempt from the State Sales Tax while the charge for water registered by a second such meter is not so exempt Fees for Activities and Services Performed by Company - Fees for activities and services performed by the Company (including but not limited to shut-off and/or restore service, service found on unauthorized (SFO), and leak detection) are approved annually by the Board and are determined from the average actual costs of performing these services. The Company may also establish fees for other services based on the actual cost of the service and approval by the Board.
16 Page Cross Connection Control Charge - The Company may charge a fee for monitoring services to prevent or minimize the risk of cross contamination to the public water supply pursuant to Rule Existing Service Activation Fee - When a water service is activated at an existing service location other than for non-payment of water bill as outlined in , the Company will charge the customer requesting the service activation the Board approved charge then in effect for activating the service Existing Service Deactivation Fee - When a water service is deactivated at an existing service location other than for non-payment of water bill as outlined in , the Company may charge the customer requesting the service deactivation the Board approved change then in effect for deactivating the service Backbilling and Billing Refunds In cases in which the Company determines accounts have had usage but have not been billed or have been underbilled, the Company may bill retroactively for the period identified as not being billed or being billed for less usage than actual but not to exceed two years retroactively from the date the Company notifies the customer. In the case of an overcharge, the Company may issue refunds for up to four years of overcharges less actual bills incurred Elevated Service Charge: All customers receiving service at Hydraulic Grade Line (HGL) other than elevation 660 feet mean sea level shall pay an elevated service charge as established by the Board of Water Works and published in the tariff because service to those customers requires additional energy transfers in the form of booster pumping or, in some cases, booster pumping followed by pressure reduction Fire Protection Services & Charges General - Services for fire protection, standpipes, and automatic sprinklers will be installed at the expense of the applicant Use of Fire Service - Persons or applicants desiring such services shall be granted them provided the intended use is for preventing or extinguishing fires or testing the fire protection system and shall not be used as a potable water supply. In the event of any unauthorized use, the Company, at its option, may discontinue the service or services or install meters, with prior notice, at the expense of the customer, to control the entire flow on such services. Should water be used for any other purpose, such usage will be billed at the established retail water rates Fire Service Charges - The charges for fire protection service will be made in accordance with the rate schedule, and will be billed monthly or as the Company may hereafter designate. The charge for water used, estimated from the meter registration, will be billed in addition to the scheduled monthly service charge at the established water rates without application of the minimum bill or allowable use. Water used for extinguishing fires or testing the fire protection system will not be billed provided a certificate of such use from a fire insurance underwriter or the fire department is submitted to the Company. Fire services will continue to be billed unless the service is discontinued in accordance with Combined Residential Domestic / Fire Services Residential customers may install a fire protection sprinkler system in combination with their domestic service provided:
17 Page 12 a. Sprinkler system complies with the most current version of NFPA 13D. b. All private plumbing complies with State and local plumbing codes. c. A Double Check Valve assembly (A.S.S.E. 1015) or a RPP assembly (A.S.S.E. 1013) is installed in accordance with d. The domestic / fire service provides potable water to residential single-family or duplex dwellings only. e. Designation of Combined Residential Domestic / Fire Service must be made at the time of application for water service to receive consideration for billing as outlined in f. The residential domestic / fire service shall not exceed 1 1/2-inch in nominal size. g. No hydrants, public or private, are permitted to be connected to residential domestic / fire private service lines, plumbing or piping. h. Any variance to the requirements of this section must be approved by the Company s Chief Engineer or designee Combined Commercial Domestic / Fire Services - Commercial customers may install a limited area fire protection sprinkler system in combination with their domestic service provided: a. All private plumbing complies with State and local plumbing codes. b. Fire sprinklers installed by a Plumbing Contractor, as required in the NFPA 13R and 13D, or a limited area sprinkler system installed by others will have a branch line serving a sprinkler head, or heads, from an interior, domestic supply line with a Double Check Valve assembly (A.S.S.E. 1015) or a RPP assembly (A.S.S. E. 1013) located on the branch line as close as practical to the supply line tee. c. Shutoff valves on the backflow prevention device must be supervised in the open position. d. The installing party is responsible for sizing the water service line and meter to adequately supply the fire demand and domestic requirements. e. Designation of Combined Commercial Domestic / Fire Services must be made at the time of application for water service or prior to installation of the limited area fire sprinkler system to receive consideration for billing as outlined in f. No hydrants, public or private, are permitted to be connected to the commercial domestic / fire service private service lines between the meter vault and the interior of the building. g. Combined Commercial Domestic / Fire Services may only be installed on commercial domestic services that are a nominal size of 1-inch, 1½-inch and 2-inch. h. Any variance to the requirements of this section must be approved by the Company s Chief Engineer or designee Estimating of Consumption Estimated Bill - In the event a Company representative or hired contractor representing LWC cannot gain access to a customer's meter for the purpose of visually or electronically retrieving the meter reading, or in the event of inclement weather, the Company will calculate an estimate of the consumption registered by that meter since the date the meter was last read. The customer will receive a bill calculated on the estimated consumption. The bill will be treated by the Company as if the reading of the meter had actually been determined visually or electronically. The Company will make every effort to ensure that a customer s water consumption is not estimated for more than two consecutive bills when the consumption estimation is due to issues that are LWC s responsibility to correct. Examples of situations that prevent LWC from reading the meter include, but are not necessarily limited to, mud in the vault, dial maintenance, or a service that needs to be raised. When consumption estimation is caused by issues outside LWC s control and reasonably within the customer s control, the Company will attempt to
18 Page 13 contact the customer to explain the need to access the meter and that bills will be estimated until the issue(s) is resolved. Examples of situations that prevent LWC from reading the meter but are outside of LWC s control would include, but are not limited to, construction, parked car, brush over the meter vault, vicious animal(s), or other obstructions Inaccurate Meter - When a meter is found to be inoperative and does not correctly register the amount of water passing through it, the Company will calculate an estimate of the consumption registered by the meter since the date of the last accurate meter reading and prepare a bill based on the estimated usage. The bill will be treated by the Company as if the meter had been correctly registering the water usage.
19 Page CROSS CONNECTION AND BACKFLOW PREVENTION Backflow Prevention Backflow prevention is required to protect the public water supply from contamination. All costs associated with the Cross Connection Control program including the installation, maintenance, testing and monitoring of the backflow prevention device are the responsibility of the customer. The Company requires a test on initial installation and annually thereafter. The backflow prevention device test report must be submitted to the Company Cross Connection Control Department Backflow Prevention, Foreign Supplies, Existing Water Service, and Dual Service Supplies Backflow Testing - A Company-recognized certified technician must test the backflow device and submit test results to the Cross Connection Control Office for Company records. A Company-recognized certified technician is one who has completed and passed a backflow prevention training course presented by University of Southern California Foundation for Cross Connection Control and Hydraulic Research, American Backflow Prevention Association, University of Florida Training, Research, Education, Environment, Occupation (TREEO) Center, Local Plumbers and Pipefitters #502, Plumbing Heating Cooling Contractors Association, Bluegrass Cross Connection Control Association, Jefferson Community and Technical College, or another training course if the certified technician provides training documentation and proof of completion to the Company Cross Connection Control Office that, in the decision of the Company, meets the requirements set forth for the previous Company-recognized backflow prevention training programs. The Company will provide a notice once a year to the customer that the backflow device on the service line is required to be tested The following are the Company-approved backflow prevention assembly requirements: a. All commercial and industrial water services shall be required to have a Reduced Pressure Principle (RPP) assembly (A.S.S.E. 1013). b. All irrigation services shall have a RPP assembly or a Pressure Vacuum Breaker (PVB) assembly (A.S.S.E. 1020). c. Apartment buildings and multi-family structures that are served with one metered service that are three-plex or greater must have a Double Check Valve assembly (A.S.S.E. 1015). d. All RPP (A.S.S.E. 1013) and Double Check Valve (A.S.S.E. 1015) assemblies installed on water service lines shall have a strainer before the backflow device. The strainer must be FDA approved for potable water. e. Any customer that utilizes a booster pump, approved by the Company s Chief Engineer or designee, for commercial, industrial, irrigation, or fire service must install a RPP assembly (A.S.S.E. 1013) before the pump. f. All livestock services shall have a Double Check Valve or RPP assembly as required by the Company. g. Only backflow prevention assemblies that meet or exceed manufacturer s specifications as approved by LWC shall be installed.
20 Page Existing Water Service Commercial customers with an existing water service that poses a hazard to the public water supply or that are re-plumbing their water service must install, at owner s expense, a Company approved backflow prevention device. The customer may be contacted by letter that indicates the Company does not have a record of a backflow prevention device located at the premises. The customer will be given a time frame by the Company to complete the work and to send the test results to the Cross Connection Control Office. A site visit by Company staff may also be utilized in the process of identifying customers that are required to have backflow prevention Fire Service Backflow Protection Backflow protection devices will be installed in accordance with the following unless otherwise specified under , , or a. Any private wet or dry pipe fire protection system that presents a moderate hazard to the public water supply will be required to have a detector check valve fire service assembly installed by the Company and an alarm check valve installed by the applicant. b. Any private wet or dry pipe fire protection system that presents a severe hazard to the public water supply will be required to have a Double Check Valve assembly (A.S.S.E. 1015) or a RPP assembly (A.S.S.E. 1013). A severe hazard to the public water supply is where the private wet or dry pipe fire protection system includes: A fire pump (requires a Double Check Valve assembly (A.S.S.E. 1015) or a RPP assembly (A.S.S.E. 1013) to be installed before the pump and approved by the Chief Engineer or designee), A chemical fire protection system, or Any other source of water. Any condition that presents a health related risk to the public drinking water supply Combined Residential Domestic / Fire Service and Combined Commercial Domestic / Fire Service Any private fire sprinkler system that is served by the domestic water piping (typically residential and small commercial use), shall have a Double Check Valve assembly (A.S.S.E. 1015) or RPP assembly (A.S.S.E. 1013) installed on the domestic water branch serving the fire sprinkler heads Foreign Supplies Whenever a customer utilizes a well, cistern, or other water source for emergency backup to the Company water supply, the internal piping must be separated from the Company supply by a RPP assembly (A.S.S.E. 1013) or a physical air-gap of not less than six inches or 2 times the feed pipe diameter, whichever is greater. The RPP assembly (A.S.S.E. 1013) must be maintained and tested as required by Rule Dual Services Where dual service supplies are deemed necessary and are approved by the Company s Chief Engineer or designee, the private service lines serving water from the Company s public water supply system must be protected by a RPP assembly (A.S.S.E. 1013). The RPP assembly (A.S.S.E. 1013) must be maintained and tested as required by Rule A dual service is specifically defined as two or more of the same type of service connections (domestic, fire, irrigation, etc.) as set forth under 1.04 from the public water supply to a common premise Fountains, Swimming Pools, and Aquariums Fountains, swimming pools, and aquariums must be constructed so that the inlet water supply serving the installation must be separated from the Company supply by a RPP assembly (A.S.S.E. 1013) or a physical air-gap of not less than six inches or 2 times the feed pipe diameter, whichever is greater installed in accordance with
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