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FEES AND
CHARGES
Specific fees and
charges will be adopted by the Board of Directors from time to
time. Normally fees and charges for the next fiscal/calendar year
will be adopted by resolution at the November or December Board of
Directors meeting. However, changes to the fees and charges can be
made at any time through the year with Board approval.
1.
Standard Fees
1.1.
Availability of Service Fee (AVS) – AVS
fees are charged on all empty platted lots within the District that
have either water or sewer service within 100 feet of the property.
AVS is also charged on all units under construction and not yet
occupied. AVS will never exceed 50% of the average annual water &
sewer bill, and collections from AVS will only be used to service
District debt, to include bonded indebtedness and loan payment
requirements. AVS on lots that are in District Tax Area B (water
only service) will be 50% of the normal AVS charge. AVS is due on
all locations as of January 1 of each year, and payable no later
than April 15th. If units under construction come on
line as customers by February 28th of the respective
year, AVS will be waived. Until April 15th AVS will
normally be due when tap fees are paid on an eligible empty lot.
If AVS is not
paid by April 15th a warning letter will be sent to the
owner. A reasonable amount of time will be given. If the unit is
under construction and water service is available, after sufficient
warning water service will be terminated. If payment is still not
made within 10 days following service termination, and for empty
lots where payment has not been made after adequate warning is made
in writing, a lien will be filed on the property. Lien removal fees
and service re-connection fees will be periodically set by the Board
and enforced upon lien removal. The lien will be removed and/or
service re-connected only after the removal fee, interest, service
re-connection fee, and all back AVS fees have been paid.
1.2.
Tap Fees – Tap fees are due on all lots
prior to construction. Water /sewer service line locations will not
be provided, nor service lines inspected until tap and development
fees are paid. At the discretion of the General Manager, sewer
service depth may be provided before payment in order for the
builder to accurately estimate the depth of the foundation to be
built. Tap fees are normally used for repayment for District
infrastructure required to provide the service to the lot (wells,
treatment plants, tanks, etc).
1.3.
Development Fees – Development fees are
due at the same time as tap fees. Development fees are normally
used for District future water/sewer infrastructure expenses.
Additional surcharge on water and sewer monthly service charges are
deposited in the same development accounts.
1.4.
Installation Fees - Installation fees are
due at the same time as tap and development fees. Installation fees
cover the cost of the plumbers “meter kit” (meter, pressure
regulator, backflow protection, transponder), as well as District
staff inspection. Included in the Installation fee is a set deposit
that may be refunded if all District specifications are adhered to
when the transponder is set, just prior to closing (see section on
Service Installation to follow).
1.5.
Water & Sewer Service Fees – Service fees
are charged on a monthly basis. There is a set minimum water
service fee and the monthly sewer service fee. Additional water
usage fees are charged once meters are read and recorded. Service
fees are due by a specific due date, and normally declared “late”
after five days following the due date. If full payment is not made
within 90 days, water service may be terminated after sufficient
written and telephonic warning is made, and customers are given
ample opportunity to contest the matter. A service re-connection
fee will be charged, due with full payment of the bill and before
service is re-connected. A lien may be filed on the property after
10 days following service termination. A lien removal fee may be
charged and is due along with the service re-connection fee and full
payment of the bill. Office staff is authorized to make special
arrangements with customers to pay extreme bills over an agreed
reasonable amount of time.
1.6.
Voluntary Shutoff Fee – Water users may
voluntarily have their water service discontinued. A
reinstatement-of-service fee will be charged for restoration of
service. Minimum monthly water and sewer charges shall apply during
the period that service is discontinued.
1.7.
Reproduction Fees – Though most District
documents are public record, the District may charge reproduction
fees (determined based on the circumstances), payable before
reproduction is accomplished.
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2.
Penalties and Fines
2.1.
Late Fees - Late fees are normally 5% of
the unpaid balance and are charged on all service bills after the
established “late” date (see above). Late fees are due with the
full payment of the unpaid bill.
2.2.
Disconnect Letter Fee - A fee will be
charged to the customer if a certified (registered) letter is sent
to notify of pending disconnection of service for any reason. The
fee will be due along with the bill in question and any associated
late fees.
2.3.
Service Re-Connection Fee - If water
service is terminated for any reason a re-connection fee may be
charged and is due before service will be restored. If District
staff is forced to dig up the service “stop box” valve in order to
terminate the service, charges for time and materials may be added
to the payment due.
2.4.
Lien Removal Fee - A lien removal fee
will be charged if a lien has been filed on the property. It is due
in full along with any re-connection fee, late fees, interest, and
any unpaid balance before the lien will be formally removed with the
County Clerk’s office.
2.5.
Bad Check fee - A fee will be charged for
any check received by the District that is returned for
Non-sufficient Funds (NSF), or for insufficient funds in the account
when utilizing the District automatic withdrawal system. Normal
payment of the bill that is due and the bad check fee will be by
Cashier’s Check or Money Order. Cash may be accepted, but is
discouraged, unless it is the exact amount.
2.6.
Ground Water Discharge to Sewer Penalty
- Penalty charges will be established and assessed against any
person, company, or corporation who is determined to be discharging
ground water to the District sanitary sewer.
2.7.
Unauthorized Discharge to Sanitary Sewer Penalty–
Discharge of unauthorized materials, to include but not limited to:
petroleum products, paint, paint cleaner, toxic, poisonous or
explosive substances, is prohibited. Such discharge or any other
misuse of the District sanitary sewer facilities may result in fines
or special charges as deemed necessary by the General Manager.
2.8.
Unauthorized Hydrant Use Penalty–
District owned and maintained fire hydrants are “off limits” to
everyone except fire department and District personnel.
Unauthorized use of a fire hydrant will result in a penalty, and a
charge for the suspected water used.
2.9.
Cross Connection control Penalty - Failure to provide adequate
cross connection control will result in immediate termination of
service. This includes failed tests of backflow devices and
any other cross connection issue deemed irregular by District
personnel. Failure to provide annual certified backflow test
results to the District will result in a penalty, and eventual
disconnection of service.
2.10.
Grease Trap/Interceptor Charge – A
customer who fails to comply with grease trap or interceptor
cleaning and pumping requirements may be assessed a penalty. The
penalty will be doubled the second time it occurs, and water service
may be terminated if there is a third occurrence. All applicable
service re-connection fees, etc. will apply.
2.11.
Unauthorized Irrigation Penalty - If a customer irrigates during
non-authorized times per the District rationing program the first
offense will incur a warning letter. Second offense incurs a
sterner letter and notification of a fine the third time. The
third offense incurs a $25 penalty. Fourth offense results in
$50 penalty and a disconnect notice. Fifth offense incurs
immediate termination of water service and the applicable fees to
re-connect.
2.12.
Special Service Fee – If, in order to
enforce compliance with District regulations, employees of the
District provide special services at a property which the owner or
occupant neglects or refuses to perform himself, or which are not
related to the general maintenance of District facilities, then the
cost of such work, including, but not limited to all materials,
shall be charged to the property owner or occupant as a special
service fee.
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3. Administrative and Security Procedures
3.1. Privacy
Information - Due to Federal and State privacy restrictions,
financial information of customers can only be provided to a “person
of interest.” Water and sewer bill information is classified as
personal financial information. Therefore, “persons of interest”
must be identified by the customer at the time of service
commencement, or by written notification later (In the case of a
divorce or significant name change, the District must be notified in
writing, signed by both parties).
3.2.
Incorrect Meter Reading - If a water meter malfunctions or fails
to register, the customer will be charged the average consumption of
the previous two billing periods. The meter must be repaired or
replaced before the next reading cycle.
3.3. Payment
Procedures – Payment of normal fees and charges may be made in
person, by utilizing the District “drop boxes,” or by mail.
District staff may require payment in person utilizing Cashier’s
Check, Money Order or cash (exact change) in the case of a fine,
penalty or other abnormal charges. Payment directly to District
staff other than in the office during office hours is not
authorized, absent specific approval by the Office Administrator.
3.4. Payment
Responsibility – The ultimate responsibility for the payment of
water and sewer service bills and any fees, charges or penalties
described herein, resides with the owner of the property. If the
home or establishment is leased, the District will normally bill the
occupant for charges. However, failure to pay by the occupant does
not relieve the property owner of responsibility. As described in
previous paragraphs, water service may be terminated and a lien may
be placed on the property until all fees, charges and penalties are
paid.
3.5.
Transition of Tenant Policy – In many cases a tenant will move
out or abandon a property without paying final water and sewer
bills. In most cases the District is unaware that the property is
empty. It is the responsibility of the property owner to ensure
that all water and sewer service fees, charges and penalties are
paid before a new tenant moves into the property. If unpaid
balances are not paid off in a reasonable amount of time, the
District may notify the new tenant that charges are due and that
water service will be terminated after a reasonable amount of time.
If water service is terminated in this instance, a lien will be
filed immediately, and all procedures, fees, charges, and penalties
described herein will apply.
3.6. Facility
Access - Any non-District staff requiring access to any
District facilities must provide a picture ID. Employment will be
verified and keys will be signed out and in. The District will keep
all access records on file.
3.7. Utility
Easements – The District may require an easement for the
purposes of construction, replacement, improvement, repair,
maintenance and operation of utility facilities, including, but not
limited to pipes, manholes, fixtures, water and wastewater
collection lines, appurtenances and attachments. The District shall
have the right of ingress and egress to and from said easements over
and across the grantor’s property in the exercising of the rights
herein. No building, structure, trees, shrubs, fences, landscaping
other than a lawn, or other improvements shall be placed or
constructed on or within said easement by the grantor without
District permission. The District shall have the right to remove
all obstructions or improvements from the easement which interfere
with the activities above, without liability to the grantor. The
District agrees that if it is required to disturb the surface of the
easement for construction, maintenance or operation of the
facilities, it shall restore the surface to the pre-disturbance
condition.
3.8.
Construction Water - Customers requiring water from a fire
hydrant (other than fire department) may only utilize the metered
hydrant located at a designated location within the District.
Customers must sign up for water at the District office and may be
required a deposit. Customers will be required to sign in on the
log at the hydrant, to include beginning and ending meter numbers.
Customers must have an “air gap” on their vehicle – no direct
hydrant connection allowed. The District reserves the right to
charge a higher rate for water to be used outside the District
service area.
3.8.
Suspicious Activity - Customers and others are asked to report
any suspicious activity in or around any District facility as soon
as possible. If it appears that vandalism or other criminal
activity is involved, customers should contact the El Paso County
Sheriff first, followed by calling the District. Any information
that leads to an arrest or protection of District facilities could
result in a monetary reward.
3.10.
Tampering – As per CRS 18-4-506.5, tampering with water meters,
cross connection devices, and other plumbing devices for the purpose
of reducing water use recording is illegal, and will be prosecuted
appropriately. Tampering includes interference of District workers
performing their operational duties, and turning on the water
service without authorization to a property where it had been turned
off by District personnel.
3.11. Use of
Sewer - No toxic, explosive or dangerous materials may be dumped
down the drain or into a District manhole. Examples of prohibited
items include but are not limited to: oil, gasoline, paint, drugs
or drug paraphernalia, fireworks, etc. Anyone caught infiltrating
the sewer system with prohibited items will be prosecuted, fined,
and risk termination of water service. Anyone who is responsible
for alerting the District to prohibited activity may be authorized a
reward.
The District has
published Sewer Use Regulations and a commercial/industrial sewer
use permitting process that apply to all commercial and industrial
users of the sewer. For more information, refer to the appropriate
regulations.
3.12.
Residential or Commercial Access -The District shall have the
right of access to any property served by the District for the
purpose of maintenance or to investigate suspected problems.
Non-emergency procedures will be to set up an appointment via
telephone or email. Every reasonable attempt will be made to
contact the customer prior, to include telephone calls, and door
tags on the front door. If it is obvious to the General Manager
that the customer is purposely denying access, water service
termination procedures may be initiated. If after adequate warning
the water service is terminated, service re-connection fees and
payment will apply. If service termination still does not yield
access, a lien may be filed and lien removal fees and procedures
will apply. District staff will present adequate identification
prior to entry.
Emergency access
may be accomplished if there is an obvious major leak and flood in
the home, and attempts to turn off the service from the outside has
failed. If it is determined that emergency access is required, the
El Paso County Sheriff will be contacted. Only with Sheriff
personnel authorization will physical break in be attempted. The
District will not be responsible for any damage when reasonable
precautions are taken.
3.13.
Discontinuation of Water Service – Water service to any property
or water user may be suspended or revoked by the District without
obligation to repay any fees, charges or penalties which may have
given for such service for any of the following reasons:
(a) Failure
to pay proper charges when due
(b) Use
of water for purposes not authorized by the District
(c) Maintaining
unauthorized cross connections or allowing any unsafe or unsanitary
conditions to exist, including but not limited to those described
herein
(d) Failure
to comply with any of the design criteria and specifications of the
District
(e) Failure
to comply with the District Sewer Use Regulations
(f)
Failure to provide
access by District personnel for inspection or routine maintenance
purposes
(g) Proof
of tampering
(h) General
failure to comply with these Rules and Regulations
3.14. Service
Line Installation Locations - Complete specifications will be
provided to the builder (or payer of the tap/development fees) at
the time of payment. Water and sewer service line locates will be
provided at that time as well. It is the responsibility of the
excavator to follow the District specifications and to call for an
inspection when connections are made. If the locations of the
service stubs cannot be found after a reasonable search, District
staff will respond to assist. If it is determined that the stubs
cannot be found it will be the responsibility of the District to
provide adequate connections. Excavators may be instructed to
complete the internal lot connections. Builders may be reimbursed
for excavator time if it is determine the locations given were in
error, or for excessive work. The water “stop box” will either be
left exposed at ground level, or restored to that position prior to
closing of the unit.
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4. Construction Procedures – all
construction of water and sewer infrastructure will be in accordance
with the District Utility Design and Construction Specifications,
and further instruction herein.
4.1. Water
and Sewer Service Line Installation – Specific instructions are
found in the “Builder’s Packet” issued to builders/plumbers at the
time of tap fee payment. Said instructions can only be deviated
from with authorization from the General Manager or Superintendent
of Operations.
4.2. Meter
Kit Installation - Plumbers will be provided meter kits for
normal residential units. Kits will be installed per District
specification and inspected at the time of transponder installation
by District personnel (normally just before closing). Incorrect
installation could result in water service disconnection and/or
forfeiture of deposit paid at the time of Installation Fee payment.
Commercial meter kits will not be provided on services over one
inch. Builders will be responsible for purchase and installation of
the appropriate meter kits to District specifications.
4.3. Cross
Connection Control - Backflow protection devices will be
provided as part of the meter kits. Normal residential devices do
not require testing, but the District reserves the right to require
testing if it deems necessary, or if there is a suspicion of a cross
connection. Commercial and irrigation backflow devices will be of
the reduced pressure kind, and testing results by a State certified
backflow tester are required before the device is used the first
time, and annually thereafter. Test results will be forwarded to
the District on any appropriate form, as long as they contain the
sufficient information and are signed by a certified tester.
Homeowners without backflow devices (built prior to 1994) are
encouraged to have one installed by a plumber.
NOTE: Backflow
devices on smaller homes often create a pressure release problem
that requires a pressure relief tank, normally installed off the hot
water heater (owner/builder’s expense).
4.4. Pressure
Regulators - Pressure regulators will be provided as part of the
meter kits. If only one regulator is used it will be upstream of
the meter. A second regulator is often provided by the builder and
installed downstream of the “off shoot” to the irrigation system.
Normal District pressure is between 65-125 psi. Pressure regulators
usually come preset to 55-65 psi. Homeowners may adjust the
pressure regulators for more or less pressure. However, it is
recommended that the downstream regulator not be set at more than 80
psi to protect downstream plumbing and appliances.
4.5. Sumps
and Sump Pumps - In many cases builders install sumps in
basements to collect drainage and runoff from outside the
foundation. In other cases homeowners have installed sumps in
basements due to infiltration of ground water. In all cases a pump
should be installed in the sump and the water should be pumped
OUTSIDE the house (away from the foundation). In no case will
ground water of any kind be pumped or otherwise dumped down the
basement sewer drain. Failure to comply with this regulation may
result in termination of water service, and or fines.
4.6. Water
Valve Stop Boxes (Curb Stops) - Upon final inspection and
installation of the transponder (before closing) the water valve
“stop box” must be visible and accessible for District use. In
concrete or where landscaping allows, the top of the box must be
level with the surface. If in a sodden or grassy area, the top of
the box should be 2-3” above the surface so as to be accessible when
the grass grows, but not so high as to clip normal lawnmower
blades.
4.7. Grease
Trap/Interceptors
– The District may require a grease trap or interceptor be installed
on any appropriate commercial or industrial property. A discharge
permit will be issued and specifications for construction of the
device will be provided.
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5. Maintenance Policies
5.1
“Ownership” of Infrastructure and Devices – The District owns
all water and sewer main infrastructure, including service lines up
and including the water curb stop, and the sewer service line “stub
out.” The District will maintain its system at no cost to the
property owner, unless it is determined that damage was done to the
system by the property owner. The District “owns” the residential
water meters.
Service lines
downstream of the curb stop and upstream of the sewer “stub out” are
owned by and are the maintenance responsibility of the property
owner. All plumbing, other than the water meter, are also owned by
and the responsibility of the property owner.
5.2. Water
Plumbing Maintenance Procedures - The District will repair
and/or replace any malfunctioning water meter. If the meter
malfunction is due to the fact that there is no pressure regulator
upstream of the meter, the customer will be advised that the second
and subsequent time repairs are needed the customer will be charged
for time and materials. Pressure regulators are highly recommended
upstream of the meters. Other maintenance issues will normally
require the homeowner to hire a plumber. District staff will assist
in turning off water for maintenance work, but will not normally
perform the work themselves. Inspection by District staff will
normally be required.
5.3. Sewer
Plumbing Maintenance Procedures - The District will respond to
any call regarding sewer service backups. If the District
determines the backup is in the main or on the District side of the
service line, District staff will make repairs. If there is damage
to the home, District and homeowner insurance should be alerted for
compensation. If the backup is not in the homeowner service line,
and not the fault of the homeowner or builder, the District will
normally cover any expenses not covered by insurance.
If the backup is
in the customer service line, the customer will be responsible. It
is highly recommended that a “rooter” company with TV capability be
utilized to ascertain the cause and to help in any resulting
insurance issues.
5.4.
Water/Sewer Service Line Maintenance Procedures - The District
is responsible for water and sewer mains and for the service line
from the main into and just beyond the lot line, where the lines are
“stubbed out” by the developer or the District. The maintenance for
the service lines from inside the home to the “stub outs” is the
responsibility of the homeowner or builder. If there is a water
leak on the service line, District personnel will determine on which
side of the curb stop valve the leak is located. If it is at or
upstream of the curb stop, the District will make or contract for
repairs, and take whatever measures are necessary to shut down the
system. If the leak is inside the curb stop, the District will shut
off the curb stop and require repairs by the homeowner/builder, and
an inspection of said repairs prior to burying the line and water
turned back on is required. The curb stop pipe itself should be
kept clean or dirt and debris. If District personnel are forced to
dig up or clean out a hidden or debris filled stop box, every
attempt will be made to preserve landscaping and other property.
However, the District will not be responsible for restoring any
landscaping or property as a result. It is the responsibility of
the homeowner to keep the valve box accessible.
The outside water
valve will not be used for constant or routine opening/closing. It
is used for emergency and administrative use (failure to pay bills)
only. Only District personnel will operate the valve, unless a
plumber is specifically authorized by District management.
If a sewer
service line is determined to be clogged, normally it is the
responsibility of the homeowner/builder. If a TV inspection by a
“rooter” service determines the clog or break is beyond the sewer
“stub out” and toward the sewer main, the District will assist in
confirming the actual location and cause, and assume responsibility
for repairs where appropriate. If damage is done to the District
system by a contractor (rooter service, excavator, etc) hired by the
customer, repairs to the District system will be at the customer’s
expense.
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6. Other Applicable Regulations – Along
with the Sewer Use Regulations and Emergency Response Procedures
mentioned previously, the following regulations apply where
appropriate and all applicable parties should be aware and comply.
Copies are available at the District office.
Public Utility
Design and Construction Specifications - Applies to all water
distribution and wastewater collection procedures.
Water & Sewer
Service Installation Specifications - Applies to all builders
and plumbers of new construction.
Safety Manual
- Applies to all District staff and contractors.
Personnel
Policies
- Apply to all District personnel.
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7. Hearing and Appeal Procedures -
Apply to any complaint arising from the interpretation of these
Rules and Regulations and any of the other regulations,
specifications or policies listed herein.
7.1. Initial
Complaint – Informal Resolution – Complaints concerning the
interpretation, enforcement or administration of these Rules and
regulations, and/or other regulations, specifications or policies
listed herein must be presented to the District General Manager. An
informal complaint may be presented and resolved verbally. If not,
a signed written complaint must be presented. After complete
review, the General Manager shall notify the complainant of action
taken or resolution in writing within 15 days after receipt of the
complaint.
7.2. Notices
of Violation – Notices of violation, fines, charges or other
penalties issued by the District may be appealed by the user by way
of an Initial Complaint above, or appeal to the Board of Directors.
7.3. Appeals
to the Board – Appeals may be taken from a decision of the
General Manager, including the issuance of a Notice of Violation
(above), by filing a written request for appeal to the Board of
Directors, submitted within 15 days of the contested decision or
Notice of Violation. The Board shall consider such appeal at a
regularly scheduled or special meeting within a reasonable time, but
in no event shall the hearing be held later than forty-five (45)
days after receipt of the request. All proceedings at the hearing
shall be recorded, and any complainant desiring a transcript of such
record hearing shall be furnished the same upon payment of all costs
involved with transcription. All parties may cross examine
witnesses and examine evidence, and all parties are entitled to
representation by legal counsel. If legal counsel representation is
to be conducted, the District will be given ample notice so as to be
represented by District counsel as well.
7.4. Board
Action – The Board may affirm or overrule any decision made by
the General Manager, increase, decrease or waive any fines, charges
or other penalties assessed, and take any other pertinent action to
resolve the issue. The final decision of the District shall be the
decision rendered by the Board of Directors.
7.5. Judicial
Appeal
– Any party to the hearing before the Board of Directors adversely
affected or aggrieved by the decision of the Board may appeal such
decision to the District Court for the County of El Paso, pursuant
to C.R.C.P. 106(a)(4).
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8. Adoption of Rules
and Regulations - These Rules and regulations are hereby
adopted this
date, the 28th day of
March , 2006.
(Charlie Coble)
(Don Pearson)
Charlie Coble,
President
Don Pearson, Secretary
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