|
|
|
Chapter 2 - PROCEDURES FOR WATER AND
SEWER SERVICES |
|
|
| |
| Sec. 2.01
Applications for Connections; Charges
(Amended effective January 7, 2008) |
| |
(a) Any
person desiring to make a
connection to the water
distribution and/or wastewater
collection system servicing the
District shall first apply to
and obtain permission from the
District. Application shall be
made by the record owner of the
property, or the authorized
representative of the record
owner of the property, or the
tenant of an individually
metered dwelling unit. Proof of
authority of the applicant shall
be presented to the District
Representative at the time the
application for connection is
made. |
| |
|
| |
(b) The
application for a water
connection permit shall be made
on Water Form #2006-1 and an
application for a sewer
connection permit shall be made
on Sewer Form #2006-2. Each form
shall include the following: |
|
|
|
| |
(1) The name
and address of the applicant. |
| |
(2) The
person or persons for whom the
connection will be made. |
| |
(3) The
exact location where the
connection will be made and the
house or building which will be
served by the connection line. |
| |
(4) The date
and time when the connection
will be made. |
| |
(5) The type
or description of the materials
to be used for the connecting
line and tap and for the
physical connection between the
connecting line and the house or
building. |
| |
(6) The
manner or method by which the
connecting line between the
water distribution or wastewater
collection line in the District
and the house or building will
be installed an
d connected;
e.g., hand excavation, machine
excavation, boring, etc. |
| |
(7) Evidence
satisfactory to the District
Representative that the person
who will actually make the tap
and install the connecting line
has Workers’ Compensation
insurance, comprehensive general
liability insurance in the
minimum amounts of $300,000
bodily injury, and $50,000 broad
form |
| |
(8) Payment
of wastewater (sewer) system
permit fees and deposits as
specified in Schedule A of this
Chapter 2. |
| |
|
|
| |
(c) The
District shall review every
application submitted pursuant
to this Section 2.01. Upon
finding that the application for
water service complies with the
requirements of this Section
2.01, the District will be
responsible for making all the
water distribution system
connections and/or taps at the
expense of the person requesting
the service. Upon finding that
the application complies with
the requirements of this Section
2.01 and that, in its judgment
and opinion, the materials to be
used for the wastewater
connecting line and the
connections, and the methods and
procedures to be followed in
laying the line and making the
connections, are at least
equivalent to the adopted
“Procedures for Field
Connections to Sewer Collection
System,” and the Uniform
Plumbing Code, for connections
to the wastewater collection
system, and are in compliance
with the applicable criteria set
forth in Section 3.02 or 3.03,
as applicable, of these Rules,
the District may approve the
application and grant permission
for the connection to be made
upon such terms and conditions
as, in its judgment and opinion,
are necessary or desirable to
accomplish the purposes and
objectives of Chapter 3 of these
Rules. |
| |
(d) The
applicable tap and connection
fees for the initial connection
to the District's water and
wastewater systems are as set
forth in Schedule A of this
Chapter 2. These fees shall be
billed by the District for each
connection made to the
District's water and wastewater
systems upon application for
water and/or sewer service. On
an undeveloped tract or lot, the
tap and connection fees shall be
billed upon approval of the
application for the building
permit or upon application for
water and/or sewer service. |
|
| |
| Sec. 2.02
Application for Services (Amended
effective January 7, 2008) |
| |
(a) Any
person desiring to receive
services from either the water
distribution or wastewater
collection system serving the
District who has not previously
obtained permission from the
District to receive such
services pursuant to Section
2.01 above, shall first apply to
and obtain permission from the
District. Applications shall be
made by the record owner of the
property, or the authorized
representative of the record
owner of the property, or the
tenant of an individually
metered dwelling unit. Proof of
authority shall be presented to
the District Representative at
the time the application for
service is made. |
| |
(b) The
application required under
section (a) above, shall contain
all the information which the
District deems necessary in
order to ensure proper
administration of the District's
Systems. |
|
| |
(1) No
Person shall maintain a service
connection with the District’s
freshwater distribution system
unless the Person has entered
into a Water Service Agreement
with the District. |
| |
(2) No
Person shall maintain a service
connection with the District’s
sanitary sewer system unless the
Person has entered into a
Sanitary Sewer Service Agreement
with the District. |
| |
(3) No
Person shall maintain a service
connection with the District’s
water and/or sewer system unless
the Person has granted a Utility
Line Easement to the District. |
|
| |
| Sec. 2.03 Service
Deposits |
| |
(a) Any
applicable service deposit will
be determined by the Board of
the District and set forth in
Schedule A of this Chapter 2.
Any service deposits shall be
received by the District before
service is actually commenced or
recommenced to any property
connected to the District's
water and wastewater systems and
before service is commenced or
recommenced to either the record
owner of the property, an
authorized representative of the
record owner of the property, or
a tenant of an individually
metered dwelling unit. The
service deposits shall not be
transferable and shall be held
by the District in escrow to
assure prompt payment of all
charges for water and wastewater
services to the property. The
District at its option may apply
all or any part of a customer's
service deposit to the payment
of all or any part of the
delinquent account of a
customer. |
| |
(b) The
unexpended and unobligated
portion of a customer's service
deposit shall be refunded to the
customer on application therefor
following termination of
services to the property. A
property owner may apply for an
earlier refund for property the
owner occupies and, upon a
determination that the owner had
a good payment record for a
period of one year, the District
may refund the owner's deposit
to the owner. No interest will
be allowed or paid on the
service deposit. |
|
| |
| Sec. 2.04
Procedure for Connections and
Reconnections (Including Taps)(Amended
effective November 1, 2007) |
| All connections and
reconnections (including taps) to the
District's water system shall be made by
the District at the expense of the
person requesting the service. All
connections and reconnections (including
taps) to the District's wastewater
system shall be made by a District
approved licensed contractor at the
expense of the person requesting the
service. The tap, the lead to a water or
wastewater tap from the building or
premises to receive service, and the
connection to the building or premises
shall not be covered in the ground until
they have been inspected and approved by
a District Representative as being in
compliance with these Rules. Reference
is specifically made to Sec. 3.01 of
these Rules for the construction and
inspection procedures and requirements. |
| |
| Sec. 2.05
Maintenance of and Restrictions on
Connection Lines |
| It shall be the
responsibility of each user of either or
both the water and wastewater systems to
maintain the water and wastewater lines
leading from the points of connection on
the District's water and wastewater
systems to the building or premises
served. The wastewater line shall be
maintained so as to prevent infiltration
of water to or ex-filtration of
wastewater from the wastewater line.
Gutters, drains, down-spouts or other
sources of rain and storm water shall
not be connected to the plumbing or
wastewater line of the building or
premises served. |
| |
| Sec. 2.06 Water
and Wastewater (Sewer) Service Billing
(Amended effective January 7, 2008)
|
| |
(a) Payment
of the monthly rates for water
and sewer services shall be the
responsibility of the customer
receiving water or sewer
services, or both services. The
Property Owner shall be
responsible for payment of all
fees and charges for water
service and sewer service
provided to a lot or tract of
land, regardless of the number
of connections and regardless of
whether the property is leased
to another Person. |
| |
(b)
Residential bills for water
service each month shall be
computed on the applicable
service period’s usage at rates
provided in Schedule A of this
Chapter 2. The District may levy
additional fees in connection
with water service for capital
improvements or facility
expansions. |
| |
(c)
Residential bills for sewer
service each month are as set
forth in Schedule A of this
Chapter 2. The District may levy
additional fees in connection
with sewer service for capital
improvements or facility
expansions. |
| |
(d) A
statement of all current and
past due fees and charges for
water service and sewer service
shall be sent to each Property
Owner. The statements shall be
mailed on or before the 5th day
of the month following the month
the service is provided. |
| |
(e) All
bills shall be due when rendered
and are delinquent if full
payment is not received by the
District or its authorized
payment agency by 5:00 p.m. on
the last day of the billing
month. If the due date falls on
a holiday or weekend, the due
date for payment purposes is the
next work day after the due
date. |
| |
(f) Any fees
and charges for water service or
for sewer service provided by
the District which remain unpaid
on the last business day of the
billing month shall be
considered delinquent. The
District shall then send the
Property Owner written notice of
the delinquency by certified
and/or regular mail. The Notice
shall state: |
|
| |
(1) The name
of the Property Owner and the
amount due for
services provided by the
District; |
| |
(2) That the
water or sewer connection can be
disconnected if the delinquent
statement is not paid in full by
the last business day of said
Notice month. |
| |
(3) That the
water or sewer connection will
be disconnected if the
delinquent statement is not paid
within ten (10) days from the
date the notice is received by
the Property Owner. |
|
| |
(g) The
District may disconnect water
service or sewer service if: |
|
| |
(1) a
delinquent statement owed to the
District is not paid by the last
business day of the month in
which the Property Owner
receives the Delinquency Notice
in accordance with this Section. |
| |
(2) If a
customer's bill is paid with a
check or draft that is not
honored by the bank, the
District may give the customer
ten (10) days’ notice that the
bill shall be paid in a form and
manner specified in the Notice,
failing which water and sewer
services will be terminated. The
District may offer a deferred
payment plan to residential
customers who cannot pay an
outstanding bill in full but are
willing to pay the balance in
reasonable installments. If the
bill is not paid in the manner
and within the time specified in
the Delinquency Notice, the
customer's water and sewer
services may be terminated by
the District. In addition, a
person who pays a bill with a
check or draft that is not
honored by the bank may be
charged an administrative fee of
$25.00. |
| |
(3) If the
account has not been paid in
full by the last business day of
the month in which the customer
receives Notice of the
delinquency, a Termination
Notice will be mailed to the
Property Owner stating that
water and/or sewer services may
be terminated by the District by
the end of the month in which
the Termination Notice was sent.
A District representative will
be directed to disconnect water
and/or sewer service on the date
specified in the Termination
Notice. Water service will be
disconnected by locking the
water meter (see Schedule A for
fees and charges for
disconnection and/or
reconnection of water service).
If the District provides only
sewer service to the Property
Owner, such sewer service will
be disconnected by digging up
the sewer tap. Property Owner
will be billed for actual costs
incurred for the disconnection
and/or reconnection of sewer
service. |
|
| |
(h) The
remedies provided in this
Section are in addition to other
remedies provided by law. |
|
| |
| Sec. 2.07 Fire
Protection, Irrigation and Special Water
Connections |
| |
(a)
Permanent connections to the
District's water system to
provide water for facilities
specifically designed for
fire-fighting and
fire-protection purposes within
the District, for irrigation of
the Emerald Bay Club golf
course, and for any other
special purposes approved by the
District (hereafter a "Special
Connection") may be modified or
supplemented by this Section
2.07. |
| |
(b) The
following additional rules apply
to temporary and permanent
connections for fire-fighting
and fire-protection purposes. |
|
| |
(1)
Temporary fire line connections,
such as for fire hoses for
combating active fires in the
District may be made at any
surface flushing-valve or fire
hydrant of the District, as the
exigencies of the matter may
require, without prior
notification to or approval of
the District. However, after
such a connection is made,
notice shall be given to the
District as promptly as
possible. The person or persons
making the temporary fire line
connection shall inform the
District of the amount of time
water was used through the
temporary connection and the
estimated amount of water used. |
| |
(2) No meter
shall be required or provided by
the District for a fire line
connection. The amount of water
used through a fire line
connection for any purpose,
including fire fighting, shall
be determined by a District
Representative on the basis of
information and data reasonably
available to him or her. In the
absence of fraud, capriciousness
or grossly arbitrary action on
his part, the determination of
the District Representative
shall be final. |
|
| |
| Sec. 2. 08
Unauthorized Use of Water and Wastewater
Systems (Amended effective January 7,
2008) |
| |
(a) It is a
violation of these Rules if a
Person intentionally or
knowingly, |
|
| |
(1) taps
into a District water main
without first obtaining a permit
from the District, or makes a
service connection as all
connections and reconnections
(including taps) to the
District’s water system shall be
made by the District at the
expense of the person requesting
the service; |
| |
(2) taps
into a District sewer main
without first obtaining a permit
from the District, or makes a
service connection that does not
comply with the then effective
“Procedures for Field
Connections to Sewer Collection
System,” approved
by the District; |
| |
(3)
maintains a service connection
with the District freshwater
distribution system without a
Water Service Agreement with the
District; |
| |
(4)
maintains a service connection
with the District sanitary sewer
system without a Sanitary Sewer
Service Agreement with the
District; and |
| |
(5)
maintains a water and/or sewer
service connection with the
District without a Utility Line
Easement with the District; and |
|
| |
(6) Uses
water from the District water
system other than: |
|
| |
(a) through
an authorized tap for which
necessary fees, deposits and
other charges have been paid; |
| |
(b) through
a fire line or irrigation
connection as authorized by
Section 2.07 of this Chapter 2; |
| |
(c) on the
premises for which the tap was
originally made; or |
|
| |
(7)
Discharges waste to the District
wastewater system: |
|
| |
(a) other
than through an authorized tap
for which necessary connection
fees, deposits and other charges
have been paid; |
| |
(b)
generated on premises other than
that for which the tap was
originally made; |
| |
(c)
generated at a building other
than that for which the tap was
originally made; |
| |
(d) of a
type different from that
contemplated at the time the tap
was originally made; |
| |
except that
subparagraph c) and d) shall not
apply if permission is first
obtained from the District. |
|
|
|
| |
(1) Criminal
Penalty. Any person who violates
this Section 2.08 is guilty of a
misdemeanor, punishable by a
fine not to exceed $2,000. (See
§54.001(b) of the Texas Local
Government Code). |
| |
(2) Civil
Penalty. |
|
| |
(a) In a
suit to enforce this Regulation,
the District may recover a civil
penalty against a Person, if the
District proves that the Person
had actual notice of the
requirements of this Regulation,
and thereafter committed an act
in violation of this Regulation
or failed to take action
necessary to comply with this
Regulation. |
| |
(b) A civil
penalty under this Section shall
not exceed $100.00 per day for
each day that a violation
continues. |
| |
(c) The
total penalty assessed against a
Person in a suit under this
Section shall not exceed
$5,000.00. |
|
| |
(3) A
penalty imposed under this
Section is in addition to any
other penalty provided by the
law of this state. Such penalty
shall cover the costs of the
District and its officers,
Directors, employees, agents and
attorneys incurred in enforcing
this provision and repairing any
damage or injury which may be
caused to the water system or
wastewater system as a result of
the unauthorized use or the
actual costs thereof if in
excess of $100.00. The amount of
water used or the wastewater
service charge shall be
determined by the District on
the basis of information and
data reasonably available. In
the absence of fraud,
capriciousness or grossly
arbitrary action on its part,
the determination of the
District shall be final. |
|
|
|
| |
If any
section, subsection, paragraph,
sentence or phrase of this
Regulation is for any reason
held invalid or unconstitutional
by any court of competent
jurisdiction, then such portion
of this Regulation shall be
deemed a separate and
independent provision and shall
not affect the validity of the
remaining portions of this
Regulation. |
|
| |
| Sec 2.09
Disconnection and Reconnection (Amended
effective January 7, 2008) |
| |
(a) Failure
of a customer receiving water or
wastewater service, or both
services, to comply with any of
the provisions of this Chapter
2, or to pay when due all fees,
deposits and other charges owed
to the District under this
Chapter 2, all taxes due the
District for more than six
months (Sec. 49.212(c), Water
Code), or any other charges owed
to the District is a breach of
the contract for service, and
the District may, disconnect
all District service to the
property for which the customer
was receiving water or
wastewater service, or both
services, (hereafter referred to
as the "delinquent property"),
and also to any other properties
for which the customer is the
customer of record until any
such breach is remedied. |
| |
(b) Any
Property Owner or customer of
record may appeal in writing a
notice of delinquency by either
postal service or hand delivery
to the Board of Directors of the
District at its posted address.
The District will review and act
on the written appeal within ten
(10) days of receipt thereof. If
the District’s Board or its
authorized representative denies
the appeal, it may authorize and
direct the disconnection of
water and wastewater services,
or both, to the delinquent
property on such terms and
conditions as the Board in its
judgment deems appropriate; may
establish a deferred payment
schedule for the delinquent
amount, subject to disconnection
if the schedule is not observed;
or may take any other action
that is reasonable under all of
the circumstances. The decision
shall be publicly announced by
the Board or its authorized
representative at an open
meeting. |
| |
(c) If it is
determined pursuant to the
aforesaid Section 2.09(b) that
service to a property for water
or wastewater service, or both
services, is to be terminated or
disconnected by the District for
any cause, there shall be
charged a termination fee as set
forth in Schedule A of this
Chapter 2 before service is
again commenced to the property. |
|
| |
(d) If water
or sewer service has been
disconnected by the District for
non-payment of a statement, no
service shall be reconnected
until: |
|
| |
(1) the
balance of the statement has
been paid in full; |
| |
(2) an
application has been filed for
the service to be reconnected;
and |
| |
(3) the
appropriate reconnection fee has
been paid to the District. |
| |
(4) A
service deposit may be required
by the District. |
|
| |
(e) If sewer
service has been disconnected by
the District as a result of a
Prohibited Use under Section
2.08, no service shall be
reconnected until : |
|
| |
(1) the
Prohibited Use has been
eliminated or the District has
been provided adequate
assurance, in a form acceptable
to the District, that the
Prohibited Use will not
continue; |
| |
(2) any
delinquent statement has been
paid in full; |
| |
(3) an
application has been filed for
the service to be reconnected;
and |
| |
(4) the
appropriate reconnection fee has
been paid to the District. |
| |
(5) A
service deposit may be required
by the District. |
|
|
(f) Reconnection to the District’s water
or wastewater system may be performed
only by a District Representative or
other District authorized
representative. If the service is
reconnected by someone other than a
District Representative before all
charges related to the disconnection of
service are paid or arrangements for the
payment thereof satisfactory to the
District or its authorized
representative have been made, the
District may physically sever the
service connection, including removal of
the water meter at the delinquent
property. In this event, there shall be
a charge of $100.00, in addition to all
other charges assessed, before service
may again be commenced to the property. |
| |
| Sec. 2.10
Easements |
| Before service is
begun to any property or, after
termination of service for any cause,
before service is renewed, the person
requesting such service shall grant an
easement of ingress and egress to and
from the meter or place of connection
for such maintenance and repair as a
District Representative, in his
judgment, may deem necessary. |
| |
| Sec. 2.11 No Free
Service; Line Breaks and Leaks (Amended
Effective February 26, 2007) |
| |
(a) No free
service shall be granted to any
user for service provided by or
through the District's water and
wastewater systems, whether such
user be a charitable
institution, a political
subdivision, or a municipal
corporation, and except as
provided in paragraph (b) of
this Section 2.11, all charges
for water and wastewater service
shall be paid as required
herein. |
| |
(b) In the
event a customer's water or
wastewater service line breaks
or leaks, the customer is
responsible for repairing the
break or leak on the customer’s
side of the meter. Any expenses
incurred by the District in
repairing these leaks will be
billed to the Property Owner. |
|
| |
| Sec. 2.12
Required Service (Amended Effective
March 10, 2008) |
| No service shall be
provided by or through the District's
water and wastewater systems unless the
user agrees to take both water and
wastewater services. An exception shall
be granted for the sewer customers
within Windcliff Harbor, the commercial
properties located on CR 344 outside the
District’s boundaries, and the five
existing District customers with septic
systems (listed below). Upon change of
ownership of the five properties
presently using septic systems, the new
property owners will be required to
connect to the District’s wastewater
system within 180 days after purchase
date and all applicable permits and fees
($100 sewer tap fee) will be due and
payable to the District. All septic
systems must be properly abandoned in
accordance with the Texas Commission on
Environmental Quality, Chapter 285 rules
regarding the proper abandonment process
for on-site sewage facilities as
follows: |
|
§285.36. Abandoned Tanks, Boreholes,
Cesspools, and Seepage Pits. |
| |
(a) An
abandoned tank is a tank that is
not to be used again for holding
sewage. |
| |
(b) To
properly abandon, the owner
shall conduct the following
actions, in the order listed. |
|
| |
(1) All tanks, boreholes,
cesspools, seepage pits, holding
tanks, and pump tanks shall have
the wastewater removed by a
waste transporter, holding a
current registration with the
executive director. |
| |
(2) All tanks, boreholes,
cesspools, seepage pits, holding
tanks, and pump tanks shall be
filled to ground level with fill
material (less than three inches
in diameter) which is free of
organic and construction debris. |
| |
Adopted May 23, 2001/Effective
June 13, 2001 |
|
| |
Existing
septic system addresses: |
| |
1) 106
Williamsburg
2) 108 Williamsburg
3) 112 South Bay Drive
4) 2 Hicks Drive |
| |
|
|
Sec. 2.13
Non-Domestic Waste
The discharge of non-domestic waste to
the District's wastewater system is
prohibited. |
| |
| Sec 2.14 Industrial
Waste |
| The discharge of
industrial waste to the District's
wastewater system is prohibited. |
| |
| Sec 2.15 Toxic
Wastes |
| The discharge of
toxic wastes to the District's
wastewater system is prohibited. |
| |
| |
|
|
|
|
