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Chapter 2 - PROCEDURES FOR WATER AND
SEWER SERVICES |
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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 and
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 property
damage with an underground rider and a
completed operations rider.
(8) Payment of water and 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
(Amended effective August 11, 2009)
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. The
customer’s responsibility to maintain
the water and wastewater lines shall
begin at the discharge side of the meter
or District’s cut-off valve if there is
no meter. If the District’s meter or
cut-off valve is not on the customer’s
property, the customer’s responsibility
to maintain the water and wastewater
lines will begin at the property line.”
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.
(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 August 11, 2009)
(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,”
respectively, 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;
(5) maintains a water and/or sewer
service connection with the District
without a Utility Line Easement with the
District;
(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.
(8) tampers with or bypasses a water
meter, sewer meter or other equipment
used to measure water or sewer service
provided by the District. For purposes
of this subsection, a person tampers
with or bypasses a water meter, sewer
meter or other equipment if the person
intentionally and knowingly damages the
meter or other equipment, disorients the
meter or other equipment, removes
anything from the meter or other
equipment, inserts anything into the
meter or other equipment, attaches
anything to the meter or other equipment
or uses any mechanical or electrical
device so as to affect the use of the
meter or to avoid the meter;
(9) connects or reconnects to the
District water system or wastewater
system without District authorization or
connects into the service line of
another customer;
(10) hinders the District’s access to a
meter, cut-off valve or water or sewer
connection; or
(11) interferes with service provided to
another customer.
(b) Penalties. (Amended effective August
11, 2009)
(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
including Section 28.03 of the Texas
Penal Code. 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.
(4) If a customer damages the District’s
cut-off valve or curb stop through
unauthorized use or tampering with
District property then in addition to
other penalties provided by these Rules,
the customer may be required to install,
at the customer’s expense, a cut-off
valve on the customer’s side of the
meter or connection within 30 days if
service is being provided, or prior to
restoration of service if service has
been disconnected under these Rules.
(c) Severability.
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 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) 265 North Bay Drive
4) 112 South Bay Drive
5) 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.
Sec 2.16 Termination of Water and/or
Wastewater Service (Effective October
21, 2008)
(a) When any applicant for new water
service, new wastewater service,
transfer of water and/or wastewater
service, District required plumbing
inspection, requested TRCC building
inspection, whether the service is
commercial or residential, makes
application for any (1) one service or a
combination of any of the services, the
District will grant temporary water
and/or wastewater service to the
applicant. In the case of transfer of
service, the Customer Service Inspection
(CSI Inspection) and Backflow Test and
Maintenance Reports are required to be
completed and on file at the District
office within (30) thirty days of
application for permanent service to
continue. In the case of new
construction or major renovation valued
at over $10,000.00, reasonable time will
be granted up to one (1) year from the
date of application for the completion
of all required District Plumbing and
requested Texas Residential Construction
Commission (TRCC) Inspection Reports;
Customer Service Inspection Reports;
Backflow Test and Maintenance Reports;
Water and Wastewater “TAP” Location
Sketches. If additional time is
required, the applicant may request a
time extension from the board of
directors of the Emerald Bay Municipal
Utility District.
(b) The District reserves the right to
terminate water and/or waste water
service in the event that any applicant
for service fails to pay all currently
required fees and charges or fails to
complete and submit to the District
office, 155 LaSalle Drive, Bullard,
Texas 75757, all required District
Plumbing and Texas Residential
Construction Commission Inspection
Reports; Customer Service Inspection
Reports; Backflow Test and Maintenance
Reports; Water and Wastewater “TAP”
Location Sketches; and, Water Service
Agreements and Sanitary Sewer Service
Agreements.”
(c) The District reserves the right to
terminate water and/or waste water
service in the event that any Property
Owner, New Member or Current Member, as
defined in Sec. 1.03, Definitions, of
the “Emerald Bay Municipal Utility
District Water and Sewer Service Rules
and Regulations,” fails to enter into a
Water Service Agreement and/or Sanitary
Sewer Service Agreement with the
District as required by Sec. 2.02(b),
Application for Services, Sec.
2.08(a)(3),(4), Unauthorized Use of
Water and Wastewater Systems, of the
“Emerald Bay Municipal Utility District
Water and Sewer Service Rules and
Regulations.”
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(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. |
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(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: |
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(1) The name
and address of the applicant. |
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(2) The
person or persons for whom the
connection will be made. |
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(3) The
exact location where the
connection will be made and the
house or building which will be
served by the connection line. |
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(4) The date
and time when the connection
will be made. |
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(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. |
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(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. |
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(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. |
|
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| 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. |
|
|
|
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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. |
| |
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