Rules & Regulations

Rules and Regulations

Approved and Effective Date

September 18, 2018


NOW THEREFORE BE IT RESOLVED that the following rules, regulations, rates, and charges shall apply for all services rendered by the Authority:

1. CONDITIONS OF SERVICE

Water service is furnished only in accordance with the currently prevailing Regulations of the Authority, which are made a part of every application, contract, agreement, or license entered into between the customer and the Authority. Any further modifications of Rates or Regulations shall apply equally to those who are receiving service at the time such amendments or modifications may be adopted.

2. DEFINITIONS

A. The word "Authority" as used herein shall mean the Benton County Water District #1 Public Water Authority of the State of Arkansas acting through its property authorized officers, agents, or employees, each acting within the scope of the particular duties entrusted to him/her. The word "Customer" as used herein shall mean the party applying for and/or taking a supply of water to a property.

3. SERVICE REGULATIONS

A. Each separate dwelling, separate business, separate apartment or separate unit shall be metered by a separate meter. Any extensions of pipes or other apparatuses to transfer water from one separate dwelling, separate business or separate apartment to another, or to share, resell or sub-meter water to a separate dwelling, separate business or separate apartment shall not be permitted. Apartments with more than 1 story tall shall be evaluated on a case by case basis by the Authority.

1.Grandfather Policy:

Commercial and Industrial Properties built before January 1, 2010 shall be excluded from part A above. If a Commercial or Industrial Property’s plumbing is renovated, added on to or modified it shall be brought up to the current standard Rules and Regulations of Authority and the Arkansas Department of Health Regulations.

B. Turning on of water into any premises for any purpose by anyone except a representative of the Authority is prohibited.

C. The Authority will presume service being rendered from the time water is turned on, upon request of a customer, until the customer gives notice to the Authority to discontinue service, and charges will be made accordingly. Access must be provided during normal working hours for the purpose of discontinuing service. Failure to provide such access will continue charges until such access is provided.

D. Customers will not be permitted to supply water to any premises other than that stated in the application, agreement, or contract.

E. Parties desiring small amounts of water or service for a short time, or where rendering of such service will require the attention of an employee of the Authority, will be charged rates fixed by the Manager in keeping with the service rendered.

F. No connection or outlet will be permitted on the service pipe or pipes supplying any

premises between the street main and the meter.

ALL WATER MUST PASS THROUGH THE METER.

4. EMERGENCY OR SPECIAL SERVICE

A. Emergency service may be furnished temporarily at the discretion of the Authority Manager in any case not covered under the schedule of rates. The Authority shall charge the then prevailing rate in effect at the time of consumption for said emergency water service, based upon actual or estimated flows as determined by the Authority.

B. Emergency service shall include water furnished through fire hydrants for the

extinguishment of fires or other emergency uses. The Authority may charge the then prevailing rate in effect at the time of the consumption based upon actual or estimated flows as determined by the Authority.

C. See Authority's fire flow policy in Section 23 below.

5. SUPPLY OF WATER

The Authority reserves the right to restrict the supply of water in case of scarcity or whenever the public welfare may require it. The Authority will make all reasonable efforts to supply continuous, uninterrupted service. However, it shall have the right to interrupt service for making repairs, connections, extensions, or for other necessary work. Efforts will be made to notify members who may be affected by such interruptions, but the District will not accept responsibility for losses which might occur due to such necessary interruptions. The District does not accept responsibility for losses which might occur due to interruptions to service caused by storms, strikes, floods, or other causes beyond its control.

6. APPLICATION FOR WATER SERVICE

Service connection will be made and water will be furnished only upon written application as approved by the Authority. Application for a new service shall be made by the owner or his properly authorized agent on the forms prepared by the Authority for this purpose.

When a customer applies for water service, he/she or the entity owning the subject property, shall be required to sign an Affidavit stating that he/she or the entity is the owner of the subject property before an application for water shall be processed. Said Affidavit shall remain on file with the Authority.

In the event an applicant is a tenant or renter and applies for water service, he/she or the entity, shall be required to produce a photocopy of the Lease Agreement, or in the alternative, provide proof that there is a valid lease arrangement to the Authority, which proof shall remain on file with the Authority prior to accepting an application for water service.

The owner/tenant shall then be required to execute the Authority's Consumer Water User Agreement Form, which form shall likewise remain on file with the Authority.

The application and these regulations shall constitute the contractual relations between the owner, the tenant or renter, and/or customer and the Authority; and each owner, tenant or renter, and/or customer, by the taking of service, agrees to be bound thereby individually and collectively.

7. METER ACTIVATION CHARGE - NEW CUSTOMER

A new customer activation fee charge shall be payable at the time of application for water service. The amount of the fee shall be in accordance with the Authority's standard schedule of fees as amended from time to time.

8. DEPOSITS

Deposits are required of all customers. Deposits shall be payable at the time of application for water service. The amount of the deposit shall be in accordance with the Authority's standard schedule of fees as amended from time to time.

Any customer having made a deposit shall pay bills for water service as rendered in accordance with the regulations of the Authority. The deposit shall not be considered as payment on account of water bills during the time that the customer is receiving service. When service is discontinued, any portion of the deposit remaining after current bills are paid will be returned to the customer whose name is on record with the Authority.

After consideration of the original deposits set for application in situations involving residential and commercial development, the Manager is hereby directed to exercise discretion and shall be authorized to impose application fees in the following amounts when he believes or has reason to believe that the customer has gone bankrupt, or will be going bankrupt, or otherwise is insecure about the customer. The following amounts when he/she has reason to believe that the customer is a party to any bankruptcy proceeding, has been to any bankruptcy proceeding with in the last two years, is in receivership, is insolvent or the Manager is otherwise insecure about the customers financial stability.

Residential Application Fee.............................Not Greater than 1/12th of the last Twelve-Month Billing

Leasehold Application Fee .............................Not Greater than 1/12th of the last Twelve-Month Billings

Commercial Application Fee ..........................Not Greater than 1/12th of the last Twelve-Month Billings

Repeated delinquencies may require, at the discretion of the Manager, an application fee in the amount of two average billings before service can be restored.

9. WATER RATES & MINIMUM METER CHARGES

Water rates shall be in accordance with the Authority's standard schedule of fees as amended from time to time. Rate schedules are available at the Authority's office during normal business hours.

A minimum charge per month based on meter size is applicable to all customers unless water service has been terminated and the meter has been removed from the premises.

10. MISCELLANEOUS CHARGES & RATES

A Right to Water Fee shall be payable at the time of application for new water service. The Right to Water Fee shall be in accordance with the Authority's standard schedule of fees as amended from time to time. In addition to its Right to Water Fee, the Authority will charge the cost of road opening, replacement costs, and any permit fees.

Short tap is defined as a tap made within 10 feet of the waterline. If the Authority is required to make a tap longer than 10 feet, then the Authority shall charge for the cost of labor and materials to make the long tap.

1. Domestic water service connection of larger size service lines will be quoted upon submission of the pertinent details to the Authority.

11. BILLING PERIODS

Bills will be sent out on, or before the 1st day of each month. All bills will be due by the close of business on the 10th day of each month. If the 10th falls on a weekend or holiday, the bill will be due the following business day, by the close of business. Bills not paid by due date; will be considered past due and a late penalty shall be applied. If the gross bill is not paid by the close of business on the 20th day of each month, unless the 20th falls on a holiday or weekend, then the close of the next business day, water service shall be disconnected and a reconnection fee shall be charged. Failure of the District to submit a bill shall not excuse the member from their obligation to pay charges assessed. Duplicate billings shall not be furnished by the Authority. Failure to receive a bill shall not exempt any customer from accruing a penalty for late payment. The presentation of a bill to the customer is only a matter of accommodation and not a waiver of this rule.

12. PAYMENT OF BILLS

A. All charges for general water service whether by minimum or monthly billing shall be paid on or before the due date of the bill. Such charges shall be subject to payment at face of the bill plus a 10% late charge if paid after the due date.

B. In the case where service to any customer is discontinued for non-payment of the bill, an additional charge will be made for the re-establishment of service. Service will be

re-established only when paid in full. Authority employees are PROHIBITED from collection of payments in the field, except for after hours.

C. In the case where two checks have not been honored by the bank, future payment of bills will be required on CASH, MONEY ORDER or CREDIT CARD ONLY basis.

D. Customers with extenuating circumstances may make special payment arrangements, before the shut off date, to pay the account balance. No arrangements will be granted past the close of business on the last day of each month. Arrangements not followed will be disconnected and a reconnection fee shall be charged. Special arrangements for payments must be approved by an Authorized Representative of the Authority, and made in person.

13. RESEARCH OF ACCOUNT BILLINGS

A. Any request by a customer of the Authority for research of their account billings for a period greater than one billing quarter shall furnish to the Authority a listing of all months to be reviewed. This listing shall be in chronological order, up to and inclusive of the present billing period, with all charges separately listed. All discrepancies that are being claimed shall be annotated for review against the records of the Authority. Duplicate billings shall not be furnished by the Authority.

A service charge shall be assessed at a rate of $20.00 per quarter researched. Said fee shall be charged to the customer at the time of the request. In the event the Authority concurs with the discrepancies claimed, the service charge shall be waived and such inconsistencies corrected.

B. Any request by an entity other than a customer of the Authority for research of an Authority customer account shall furnish to the Authority the following:

1. Written authorization from the Authority customer for the research to proceed.

2. A listing of all billing months to be reviewed. This listing shall be in chronological order, up to and inclusive of the present billing month, with all charges separately listed. Duplicate billings shall not be furnished by the Authority.

3. All discrepancies that are being claimed shall be annotated for review against the records of the Authority.

4. A service charge shall be assessed at the hourly rate of the billing clerk for all time expended plus an overhead fee of 40%. Said fee shall be applied to the Authority customer account. In the event the Authority concurs with the discrepancies claimed, the service charge shall be waived and such inconsistencies corrected.

14. TERMINATION OF SERVICE BY CUSTOMER - FINAL BILLING

A customer, who for any reason wishes to terminate his liability for service, shall give a minimum seven (7) day notice to the Authority. The customer (owner or tenant equally) shall be responsible for payment for service rendered by the Authority until such notice is received. Failure to provide access to the premises for the purpose of making a final reading of the meter itself will not terminate the customers liability for termination of service until proper entrance is provided.


Discontinuance of service by the Authority for non-payment of a bill or violation of the regulations shall not cancel the application for service nor constitute a waiver of this regulation.

15. TERMINATION OF SERVICE BY AUTHORITY

The Authority reserves the right at all times to shut off the water for non-payment of water bills, or for neglect or refusal to comply with the Rules & Regulations of the Authority, and to charge for restoration of service.

Service under an application may be discontinued for any of the following reasons:

A. For misrepresentation in application as to property or fixtures to be supplied or the use to be made of the water supply.

B. For failure to maintain in good order, connection, service lines or fixtures beyond the curb and owned by the applicant, which may cause unregisterable leaks.

C. For molesting any service pipe, meter, curb stop or seal, or any appliances of the Authority.

D. Any unauthorized connections or service to a non-customer.

E. In case of vacancy of the premises.

F. For violation of any regulation of the Authority.

G. For neglecting to make payments of any charges against the property. Charges for service rendered to a tenant shall be the liability of the owner as well.

H. For refusal of access to the property for purposes of inspecting, or for reading, caring for, or removing meters during normal working hours.

I. The Authority shall have the right to shut off the water without notice in the case of

breakdowns, or for other unavoidable causes. For the purpose of making necessary repairs, connections, etc., reasonable notice will be given when practicable. In no case shall the Authority be liable for any damage or inconvenience suffered.

J. A lock charge will be made when water has been turned off because of an unpaid bill or for violation of the terms of the application or regulations of the Authority.

K. Authority employees are PROHIBITED from collection of payments in the field, except for after hours.

16. METERS

The Authority will furnish and install meters for all water service, including separate fire lines at the customers expense. All meters are the property of the Authority and the Authority will maintain and keep in repair and adjustment all meters, except as provided in the regulations.

Telemetry units will be installed, when practical, as a service at no charge to the customer. The water meter will always be the official instrument for determining consumption in all cases.

A. The customer shall furnish and install on the service line a flared ball valve with full throat, without waste, the same size as the service line on the house side of and immediately after the meter.

B. The size of the meter shall be no larger than the size of the service line which the customer requires, or requests the Authority to install. The line size after the curb stop, to point of meter, shall be at the discretion of the Authority in the case of extra long service lines, or other unusual types of installation. The increase in line size shall be at the expense of the applicant.

C. The customer shall not permit anyone to remove, or tamper with the meter, or other property of the Authority on his/her premises. If, in repairing the customers service line, it becomes necessary to break the meter seal, the Authority will break the seal and the Authority will reseal the meter without charge to the customer one time, a charge will be applied to the account after one time, and each time afterwards. Otherwise, when a meter seal, or seal wire, has been tampered with, removed, or broken, or the meter removed from the service line, the Authority will remove the meter, test it, reset it and reseal it, for which the Authority will charge a fee. If the fee is not paid within ten (10) days, service may be discontinued.

17. METER TESTS

The Authority shall test all meters periodically without charge to the customer. Normal periodic cycle is ten (10) years.

Should any customer of the Authority doubt the accuracy of his/her water meter at any time, the customer may have said meter tested upon written application to the Authority and by making a deposit, to defray the cost of said extra meter test. Should such accuracy test show the meter in question to be correct within four percent (4%) as prescribed by general practice, the deposit shall be forfeited. Should the test show said meter to be registering fast by more than four percent (4%) of the accurate amount, the required deposit shall be refunded and the entire cost of the test shall be borne by the Authority. In the event that the incorrect registration exceeds plus or minus four percent (4%), water consumption for the preceding six months will be adjusted, and either a supplemental bill will be rendered, or a refund made as appropriate. Charges for meter tests may be waived at the discretion of the Manager.

18. SYSTEM CONNECTION FEES & SERVICE LINES

Water service connections will be made only after receipt of written application; provided however, that upon said application to be submitted, the Authority shall have, in writing, approved the point of connection to its waterline and the meter location within the structure to which water service is to be made, with signature of the property owner or his duly authorized agent.

When properly executed applications are received for both water service line installation and for regular water service, the Authority will tap the main, set a meter box assembly, and install a meter.

The service facilities between the water main and the meter box shall be and remain the properties of the Authority and will be maintained by the Authority.

A System Connection Fee shall be payable at the time of application for new water service. The System Connection Fee in accordance with the Authority's standard schedule of fees as amended from time to time. In addition to its System Connection Fee, the Authority will charge the cost of road opening, boring, replacement cost, and any permit fees.

Normal tap is defined as a tap made within 10 feet of the waterline. If the Authority is required to make a tap longer than 10 feet of the waterline, then the Authority shall charge an amount equal to 1, 2, 3, 4, or 5 as applicable, PLUS the cost of labor and materials to make the longer tap.

A. The owner must furnish and install a service line extension beyond the meter box upon the premises to be served. The materials of each extension must be in accordance with the Authority's construction specifications. The service line, beginning at the meter, shall be no less in diameter than the service line installed by the Authority from the main line to the curb stop unless otherwise approved by the Authority. Any charges for removal and replacement of the traveled surface of roads or sidewalks, or for fees or permits of any kind are to be paid for by the applicant. Water will not be supplied by any service supply line between the curb stop and meter. This applies to both original installation and repairs. A plumbing permit must be obtained before installation of the service line.

B. All service pipes must be laid at least 18 deep and not less than five (5') feet

distant from any open area or vault. No service pipe shall be laid in the same trench with any drain or sewer pipe, but must be laid in a separate trench not less than ten (10') feet from any drain or sewer pipe.

C. The customer will be required to maintain his/her service line extension in good order to

prevent leakage and loss of water. Upon his/her failure to repair such leaks, the Authority reserves the right to repair said leaks and to charge all costs for such repair work to the customer in question. The owner is responsible for all permit fees and all other expenses.

19. WATERLINE EXTENSIONS

A. The Authority shall be under no obligation at any time to make any extensions to its then

existing waterlines, but may do so upon the written request of one or more prospective customers, either wholly or in part at the expense of said customer or customers, but at the option of the Authority as follows:

1. Any Party desiring the extension of water mains or fire lines shall file an application to so do with the Authority.

2. The Application shall be submitted in writing and shall be accompanied by the following:

a) Two prints of the Plan, prepared by a registered Engineer or Surveyor.

b) One print of a Plan showing the ultimate development of contiguous land owned by the Applicant.

c) The Authority may authorize the Authority Engineer to proceed with preliminary engineering on any line extension prior to the Developers agreement to pay for the additional costs resulting from the necessary changes.

d) Approval of any extension shall require appropriate evidence of the approval of site plans by the Board of Directors of the Authority.

3. Three alternatives may be pursued in connection with the installation of water main extensions:

a) Applicant may elect to construct and install the water mains, etc.

b) Applicant may elect to have a contractor of his/her choice perform the construction and installation.

c) Applicant may elect to have the Authority secure a contractor to perform the construction and installation.

4. The following shall apply to alternative set forth in #3.

Applicant and Authority shall enter into a written agreement prepared by the Authority's Attorney. All materials required for said installation shall be determined by the Authority Engineer and approved by the Authority pursuant to the bid for said materials. The extent of the overhead chargeable shall, in part, be determined by whether the materials are supplied in truckload or non-truckload lots.

5. If the developer elects the procedure in #3a, the developer will construct the waterline in accordance with the final plans and the Authority's Construction Specifications.

a) Developer agrees to construct waterlines strictly in accordance with the specifications as adopted by the Authority, or any subsequent revisions prior to the date of this Resolution, and the Developer agrees that, in the event he/she enters into any agreement with any other contractor, agency or assigns, this Resolution in total shall be incorporated into such agreement.

b) Developer will deliver to the Authority, prior to commencement of any work, a Certificate of Insurance certifying that the developer is insured with a reliable insurance company for Public Liability, Personal Injury, Property Damage, minimum coverage, and full coverage for Workers Compensation.

B. The Authority may enter into an agreement with the developer whereby the developer guarantees the completion of all the waterline improvements required by the terms of the agreement in a manner satisfactory to the Authority. To secure this agreement, the developer shall provide one of the following guarantees:

1. Surety Bond to cover the entire cost of the waterline, plus ten percent (10%). The duration of the bond shall be until such time as the waterline improvements are accepted by the Authority in accordance with the requirements and standards therewith.

2. The developer shall deposit cash with the Authority to be held by the Authority in a separate escrow account. The amount of deposit shall be equal to the cost of the waterline improvement plus ten percent (10%). In the case of an escrow account, the developer shall file with the Authority guaranteeing the following:

a) The funds of the Escrow Account shall be held by the Authority and may not be used or pledged by the developer during the period of construction of the waterline improvements.

b) In the case of failure on the part of the developer to complete the improvements, the funds are available to the Authority for use to pay any and all cost incurred by the Authority in the completion of those improvements. Under no circumstances is the Authority required to spend its funds to complete a project by the Developer.

C. Refer to the Authority's Construction Specifications for waterline installations.

20. LIABILITY FOR LEAKS AND DEFECTIVE PLUMBING

The Authority shall not be liable for any damage resulting from leaks, broken pipes, or from any other cause, occurring to, or within any house or building; and it is expressly stipulated by and between the Authority and the customer that no claims shall be made against said Authority on account of the bursting or breaking of any main or service pipe or any attachment to said water works.

21. LIABILITY FOR WATER CHARGES CAUSED BY LEAKS OR WASTE

All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste unless authorized by the Manager at his discretion. A Once in a life time leak adjustment maybe made at the discretion of the Manager, and or the Board of Directors of the Authority.

22. USE OF HYDRANTS

All persons are forbidden to open any flush hydrant or to use any water there from for any purpose without permission in writing from the Authority, except in case of fire. All hydrant tests shall be made directly under the supervision of an authorized agent of the Authority.

23. FIRE FLOWS

THE AUTHORITY HAS NOT MADE, DOES NOT MAKE ANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHEATHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, WITH RESPECT TO THE AMOUNT OR SUITABILITY OF WATER FOR FIRE PROTECTION FROM FLUSH HYDRANTS ON THE AUTHORITY'S WATER SYSTEM. THE AVALIBILITY OF WATER THOURGH THE AUTHORITY'S FLUSH HYDRANTS IS MADE ON AN AS IS AND WHERE IS CONDITION AND BASIS, WITH ALL FAULTS.

Subject to the foregoing limitations, the Authority's policy remains that fire departments can utilize the flush hydrants to obtain water, to the extent available, in the course of fighting fires and protecting the property of the citizens in any manner that does not jeopardize the integrity of the water system.

24. BACKFLOW AND CROSS-CONNECTION

No water will be furnished to any premises where any possibility exists of the mingling of the water furnished by the Authority with water from any other source. Nor will the Authority permit its mains or service pipe to be connected in any way to any piping, tank, vat, or other apparatus containing liquids, chemical, or any other matter which may flow back into the Authority's service pipes or mains, and consequently endanger the water supply. An exception may be made to this rule at the option of the Authority, provided proper safeguards are installed which shall be inspected and have the approval of the Authority, the Insurance Underwriters, and the State Board of Health. The Authority, to insure compliance with the Arkansas State Plumbing Code and, Federal and State Safe Water Drinking Water Act Regulations, has implemented a Backflow and Cross-Connection program, governed by Resolution No. 98-1 of the Authority.

25. THEFT AND TAMPERING

The Authority has established a Theft and Tampering Control Program, Resolution No. 02-4, to help ensure the safety of the public potable water distribution system and in accordance with U.S. Code Title 42, Chapter 6A, Subchapter XII, and Part D 300i-1 of the U.S. Code Collection.

26. CHANGING OF REGULATIONS

The Authority reserves the right to change or amend from time to time these Regulations and the rates for the use of water.