ORDINANCE 08-06
Chapter ___ City of Anderson
Index
Section:
1. Service Area
2. Definitions
3. Description of Service
4. Service Irregularities and Limitation of Liability
5. Ownership of Utility Systems
6. Resale of Utility Services
7. Classification of Services
8. Mandatory Subscription
9. Customers
10. Main Extensions
11. Services
12. Abandonment of On-Site Wastewater Disposal Systems
13. Utility Rates
14. Notices
15. Billing and Payment
16. Administration and Enforcement
17. Discontinuance or Termination of Service
18. Restoration of Services
19. Access to Property
20. Responsibility for Equipment
21. Prohibited Wastes
22. Access Prohibited
23. Individual Waste Disposal Responsibilities
24. Suspension of Rules
25. Constitutionality and Saving Clause
Schedule A -- Nonrecurring Fees
Schedule B – Service Rates
26. Utility Forms
· Easement
· Right of Entry
· Residential Service Agreement
· Commercial Wastewater Service Agreement
· Request for Payment, Repayment Agreement, or Assignment of Dividend
· Notice of Decision to Discontinue Service
· Final Discontinuance Notice
· Procedures for Reconnection
Section 1. Sewer Service Area
The City of Anderson Sewer Service Area includes Sections 32, 33, and 34 T6S, R8W and Sections 4, 5, and 6, T7S, R8W, Fairbanks Meridian all of which are within the City of Anderson
Section 2. Definitions
Abandon septic tank drain field – To eliminate or sever the domestic wastewater line to an existing septic tank (or crib or cesspool), remove the septage, and fill the tank with earthen material.
ADEC: The State of Alaska Department of Environmental Conservation.
APPLICANT: A person or persons, firm or corporation requesting some service from the Utility.
COMMUNITY WASTEWATER COLLECTION SYSTEM: The community collection system includes all elements of the wastewater collection system except the customer service lines.
CUSTOMER or USER: An applicant who has been accepted and who receives utility services from the Utility.
CUSTOMER SERVICE LINE: The customer service line shall be that part of the piping from the sewer collection main to the dwelling, school, other facility, or point of use. Practically speaking, the customer service line is from the main to the dwelling. Customer service line appurtenances will include a service cleanout and may include an arctic box and or an individual lift station.
DELINQUENT: Past due amounts and associated finance and late charges that are not received by the Utility within 40 days after the date the bill that is past due was rendered.
DEPOSIT: Money paid to the Utility by a customer and held by the Utility for a certain time and later returned to the customer if all the requirements for refund are met.
DISCONTINUANCE: After the specified notice has been given and the notice period has expired, the Utility will close the service line isolation valve.
HONEYBUCKET WASTE: Human waste products from a non-flushing toilet.
LIFT STATION: The community wastewater lift station is a pumping station which moves wastewater to the wastewater lagoon or another part of the collection system.
MANDATORY SUBSCRIPTION: This means that all residences and businesses that fall within the wastewater service area and are contiguous to the community collection system, shall subscribe to wastewater collection service with the City of Anderson
PAST DUE: Payment that has not been received by the Utility within 25 days from the date the bill is rendered.
POLICY BOARD: City Council of the City of Anderson
SEPTAGE LAGOON: An open containment cell, or cells, for the disposal and treatment of septic waste.
SEPTAGE WASTE: Waste material evacuated form a septic tank, crib, or cess pool.
SERVICE LINE ISOLATION VALVE: A full port valve used to isolate a portion of the customer service line from the community sewer collection system.
SOLID WASTE: Garbage, rubbish, paper and waste material including all animal and vegetable refuse from food or food preparation, and dead animals.
UTILITY: City of Anderson
VSW: State of Alaska Department of Environmental Conservation Village Safe Water Program, the funding agency for the sewer system installation.
WASTEWATER: Domestic wastewater or sewage as defined by the ADEC regulations.
WASTEWATER COLLECTION SYSTEM: The collection system includes all elements of the system that convey wastewater to the lagoon including the customer service lines, gravity mains and manholes, and the lift station and force main.
WASTEWATER LAGOON: This is two cell lagoon, permitted by ADEC for wastewater treatment and discharge. Treated wastewater is discharged by percolation to the ground.
Section 3. Description of Service
The City of Anderson
A. Operate the Wastewater Collection System: The City shall operate the collection system in a manner which avoids disruption of service and promotes system longevity. The sewer collection system shall be able to handle normal sanitary wastes discharged to it without plugging or otherwise affecting building drain lines under normal operating conditions.
B. Operate the Wastewater Lagoon: The City shall discharge wastewater according to terms and conditions of its wastewater discharge permit.
Section 4. Service Irregularities and Limitation of Liability
A. Irregularity or Failure of Service: The utility will exercise reasonable diligence to furnish and deliver adequate sewer service. However, the utility will not be liable for damage resulting from interruptions, shortages, irregularities or failures due to accidents, intereference by third parties, acts of nature, or other conditions beyond the control of the utility. Whenever possible, and whenever time permits, all customers to be potentially affected by an interruption or irregularity in service will be notified prior to shutdown by direct notification, through local notice posted in the Post Office, by local radio transmission, or other method commonly used in the community.
B. Interruptions for Repairs or Modifications: The utility reserves the right to temporarily suspend the delivery of service when necessary for the purpose of making repairs, modifications, inspections or improvements to the system. The utility will make reasonable attempts to provide customer notice through the use of public media or by direct customer contact. Repair work will be completed expeditiously, and as far as possible, the work will be completed at a time of least incovenience to the customer.
C. Credit for Interuptions: The utility will provide a prorated credit of flat monthly usage charges for service interruptions extending longer than 48 hours, provided the interruption is not caused by customer damage to Utility facilities.
Section 5. Ownership of Utility Systems
All utility system components including mains, valves, fittings, equipment, and other appurtenances, except customer service lines are the property of the Utility.
Section 6. Resale of Utility Services
Resale of a utility service by a customer is expressly prohibited except through special contract between the Utility and the customer, as described in Section 7.
Section 7. Classification of Services
The Classes of Service shall be as follows:
A. Residential Service: Residential Service shall consist of all services for domestic purposes supplied to a single family dwelling unit.
B. School Service: School service shall consist of services provided to the school, its administrative offices, and other facilities owned/operated by the school that are not classified under a different class of service
C. Commercial Service: Commercial services shall consist of all office, commercial or business establishments, multiple family dwelling units, tribal facilities, community facilities, City and Utility owned buildings. If a customer is located in both a single family dwelling unit and a business establishment, the higher rate shall apply.
D. Contract Service: Contract services shall consist of those services for industrial or independent uses under contracts authorized by the Utility.
Where the requirement for services is large or unusual, or necessitates special services, equipment, or capacity, the Utility reserves the right to require a special contract, the provisions of which are different from and an exception to the regularly published utility rates and regulations. Special contracts will only be given to customers in unique circumstances. All similarly situated customers will be offered the same rates and provisions. All special contracts shall be in writing, signed by the applicants, approved by the Utility, attached to the tariff, listed in Schedule B, and filed with the Regulatory Commission of Alaska.
Section 8. Mandatory Subscription
All residences and other continuously occupied structures in the service area that are contiguous to the wastewater collection system, i.e., the property boundary abuts City road right of way or sewer utility easement wherein a wastewater collection main is located within 50 feet of said boundary, are required to become customers of the City’s wastewater utility and hook up to the wastewater system.
Section 9. Customers
A. New Customers: A person or organization becomes a customer by first applying for service to the Utility. Each applicant for service shall sign an application form provided by the Utility giving the date of application, type of service requested, location of the premises to be served, the date the applicant desires services to begin, the purpose for which the service is to be used, and the address to which bills are to be sent. By signing the application, the customer agrees to abide by the rules and regulations of the Utility, and to pay the fees established by the Utility for the service requested.
B. Customers Receiving Service at the Time Ordinance Enacted: Customers receiving service at the time the provisions of this code section was enacted are not required to submit an application, but will be presumed to accept the rules and regulations of the Utility, including the fees established for the service provided, if they remain customers and have not contacted the Utility requesting disconnection. Customers who have been disconnected from the system prior to the enactment of the provisions of this code must submit an application as required by Section 9(A) before service can be restored.
C. Customers Desiring a Change in Service: Customers desiring a material change in the size, type, character, or extent of equipment or operation which would result in a material change in the service provided, shall give the Utility notice of such change prior to the change taking place. An amended application must be filed with the Utility and any changes to the rate amount will occur prior to the change in service. All customers desiring a change in the size, location, or the number of services shall fill out an amended application. The request for amended service may be denied if the applicant has an outstanding bill due to the Utility.
D. Customer Complaints: The Utility wants to resolve customer complaints as quickly as possible. The Utility will respond to the substance of each service complaint or other customer complaint within 10 working days of its receipt. If the Utility does not resolve a complaint to the customer’s satisfaction, the customer may refer the matter to the Regulatory Commission of Alaska, 701 West Eighth Avenue, Suite 300 , Anchorage , Alaska 99501
Section 10. Main Extensions
Main extensions, to areas or houses not currently being served, shall be installed only after application to and authorization by the Utility. Utility main extensions may require advance payment by the applicant or group of applicants of the cost of the extension before the Utility can provide them.
The Utility will determine the proper location of main extensions. Easements or permits secured for main extensions across property not owned by the Utility shall be obtained in the name of the Utility along with all rights and title to the main at the time of installation.
Section 11. Services
A. The customer shall own and maintain the customer service line.
B. Service Installation Charge: At the time the applicant files for service, where no service previously existed, or for a change in service size or location, or if he or she applies for a re-connection of an existing service, the applicant shall submit a service connection fee with the application. In the case of a new service, this fee will include all costs from the main to the dwelling, including the costs of materials needed to make the connection at the dwelling, if necessary. Initial connections made by the VSW funded project will be made at no cost to the property owner. Future service lines may be installed by either the customer or the Utility.
C. Service Installation Procedures: All connections to the Utility sewer system shall be made at the expense of the customer, except those connections made by the VSW funded project. Costs of the connection and the terms of the work governing the installation, including the use of self-help and use of Utility equipment, shall be established by the Utility. The Utility will not accept a service connection installed by a customer unless the connection meets the applicable installation codes. The Utility may require proof of code compliance in either physcial inspection by the Utility or a written statement from a qualified inspector. The City Council reserves the right to bill the customer for additional work and inspections incurred by the Utility to verify correct installation, correct inappropriate, deficient, or inadequate connections. The City Council may waive capital fees or costs to the customer as it deems reasonable (a quorum of the board consenting), as in, for instance, the case the City has applied for and received a grant to serve several houses such as a community development block grant.
D. Service Installation Codes: All individual sewer connections, repairs, and modifications shall be made only under the terms and conditions of the Uniform Plumbing Code currently in effect within the State of Alaska
E. Customer Plumbing:
1. The customer's plumbing, which shall include the customer service line from the main to the house, and all plumbing, piping, fixtures, and other appurtenances intended to carry sewage, waste water, and drainage, shall comply with the Uniform Plumbing Code (UPC).
2. Water wasting – customers shall exercise reasonable diligence and judgement to control water wasting. Single family residential customers shall report wastewater flows in excess of 1500 gallons per day to the City.
3. It shall be a violation of these rules and regulations for customers to operate, cause, or permit unauthorized operations or appurtenances on the service connections.
4. It shall be a violation of these rules and regulations for any customer to make, or remake a service connection without the prior knowledge and approval of the Utility as detailed by this ordinance.
Section 12. Abandonment of On-Site Wastewater Disposal Systems
A. Substandard on-site wastewater systems shall be abandoned according to ADEC regulations. During the VSW funded project, the City will assist the customers abandon the systems by severing sewer line from the dwelling to the septic tank, evacuating septage waste and filling the septic tank with earthen material.
B. Customers may keep existing on-site wastewater disposal systems which meet ADEC standards and have stamped record drawings as evidence of such. These existing systems are grandfathered in for use as a backup to the new community system. This provision does not authorize construction of new backup systems within the service area.
Section 13. Utility Rates
Utility rates to be charged for the various classifications of services are published in Schedule B attached hereto. On a periodic basis, Schedule A and B will be revised and approved by resolution of the City Council.
Section 14. Notices
A. Notices to Customers: Notices to customers from the Utility will normally be in writing and will be mailed or delivered to the customer at the address on file with the Utility. Where conditions warrant, and in an emergency, the Utility may notify customers by telephone, messenger, or radio.
B. Notices from Customers: Notices from the customer to the Utility may be given in writing, or verbally by the customer or his authorized representative at the Utility office. However, notices that result in a change in service or in work being performed by the Utility for the customer must be accompanied by the appropriate application required by Section 9(C) or a signed repair order or work order.
Section 15. Billing and Payment
A. Monthly Bills: All bills will be mailed on or before the 15th of each month. The bill will contain a statement of present charges due. All bills are due and payable 25 days from the date the bill was rendered.
B. All bills sent to a customer will include the following statement:
“You should contact us first if you have a complaint about your wastewater service. If you are not satisfied after contacting us, you may then file a complaint with the Regulatory Commission of Alaska. The Regulatory Commission of Alaska may be contacted toll-free at 1‑800-390-2782, or TDD (907) 276-4533.”
C. Delinquent Bills: All bills not paid within 40 days of the bill being rendered will be considered delinquent. The Utility may charge a late payment penalty fee on delinquent sums due to the Utility in accordance with Schedule A.
D. Delinquent Notice: At the discretion of the City Council, a notice of delinquency shall be mailed to each delinquent account on the date the account becomes delinquent.
E. Service Discontiuance Notice: If a Utility bill has not been paid a week after the Delinquent Notice is rendered, the Utility will notify the customer of the Utility’s intention to seek any lawful remedy to recover costs for the delinquent payments. The notice of discontinuance will be mailed at least 15 days before the scheduled date of any legal action. The notice shall be sent to the customer by certified or registered mail, return receipt requested. Not less than three working days prior to the date of discontinuance, the Utility will deliver a door hanger to the residence notifying the customer of the date and time of the impending discontinuance. The Utility may terminate the service at any time after the date and time indicated in the notice without further notification, unless deferred payment arrangements are made in accordance with Section 15(F).
F. Deferred Payment Agreements: If a residential customer demonstrates that economic hardship prevents payment in full of a delinquent bill that is not already covered by a deferred payment agreement, the Utility will continue service to the customer if the customer agrees to a deferred payment contract, signed by both the Utility and customer. The contract will meet the following requirements.
1. The customer agrees to pay one-third (or less at the Utility's option) of the outstanding bill at the time the deferred payment agreement is signed.
2. The customer agrees to pay all future bills for Utility service in accordance with the provisions of this section.
3. The customer agrees to pay the remaining outstanding balance in installments over a period not to exceed 12 months. If the outstanding balance predates the adoption of this tariff, the Utility may allow a repayment period of over 12 months if the customer has a large balance.
The Utility will not require any deferred payment agreement to have a duration of less than 3 months. The Utility will offer comparable terms and conditions to customers with similar payment problems. In determining a reasonable deferred payment schedule, the Utility will discuss with the customer and consider the following conditions:
1. size of the delinquent account;
2. customer's ability to pay;
3. customer's payment history;
4. length of time the debt has been outstanding;
5. circumstances that resulted in the outstanding debt;
6. any other relevant factors related to the circumstances of the customer.
If a customer fails to fulfill the terms of a deferred payment agreement, the Utility is not required to provide the customer with all the notices described in Section 15(D) prior to discontinuance and legal remedy; however, at least three working days before beginning legal proceedings the Utility will attempt to give written or telephone notice of the intent to seek remedy(s) to the customer.
G. Reconnection: In all cases where service has been discontinued due to delinquency, the customer must file a new application and again meet the requirements set forth in Section 11 before service will be reconnected.
H. Responsibility for Payment of Utility Bills: In all cases the person signing the utility application form is responsible for the utility bills regardless of who owns the property served. However, in the case of multi-family housing or business complexes with more than one unit the Utility reserves the right to bill the owner of the facility for all of the services provided by the utility.
Section 16. Administration and Enforcement
A. These rules and regulations shall be administered and enforced by the City Council, or the person designated by the City Council to manage the utility. The City Council, shall have the authority to establish and regulate rates for the sewer system for all customers.
B. The City Council may adopt such additional regulations, provisions, and procedures pertaining to sewer service as the Council deems proper.
Section 17. Discontinuance or Termination of Service
A. Discontinuance by Customer Order: Each customer about to vacate any premises supplied wastewater service shall give at least one week written notice of his or her intentions and state the date the service is to be discontinued. Otherwise, a customer will be responsible for all services supplied to the premises until a written notice is received.
Within one week of the date stated in the notice to discontinue service, a total bill (including any disconnect fee) will be prepared and delivered which is due and payable immediately. The amount of the bill for the current billing period will be determined by prorating. The number of days of service received in the given month (including the date of discontinuance) will be divided by the total number of days in the month, times the usual monthly charge for the customer.
B. Discontinuance for Non-payment of Bills: A customer's sewer or waste disposal services may be discontinued and legal remedy(s) sought if the bill is not paid in accordance with the procedures listed in Section 15.
C. Discontinuance for Unsafe Customer Facilities:
1. Unsafe Facilities or Unsanitary Facilities: The Utility may discontinue services to any premises without prior notice where plumbing facilities, appliances, or equipment, discharging waste water, are dangerous, unsafe, or not in conformance with standard plumbing practice.
D. Discontinuance for Service Detrimental to Others: The Utility may refuse to furnish service, restrict service, or immediately terminate service to any premises where excessive demands by a customer will result, or have resulted, in inadequate service to other customers. The determination of excessive demand may vary depending on current Utility sewer resources and system equipment conditions.
E. Discontinuance for Fraud or Abuse: The Utility will refuse or discontinue service to any customer or premises where it is deemed necessary to protect the Utility from fraud or abuse of service. Discontinuance of service for one or both of these causes will be made immediately upon receipt of knowledge by the Utility that such condition or conditions exist.
F. Discontinuance for Unauthorized Connection: Where service has been discontinued for any reason and the service is restored by the customer or another unauthorized person, the service may then be discontinued, without notice to the customer. The charges for disconnection at the main will be billed at the actual cost for labor and materials plus 50% billed to the offending customer. The charges for use of service through such illegal connection will be at the regular rate for the period of time, as estimated by the City Council, that such illegal or unauthorized connection existed.
G. Discontinuance for Non-compliance: Unless otherwise specified by these rules and regulations, a customer may have service discontinued for violation of any provision of these rules and regulations following fifteen days notification of such impending termination of service. Proper notice is specified in Section 15(E) of these regulations.
H. Limitations on Reasons for Discontinuance: The Utility will not discontinue service to a customer in the following circumstances:
1. for delinquency in payment for services rendered to a prior customer at the premises where service is being provided.
2. if the customer is unable to pay the full delinquent amount due, and is in compliance with a signed, or is in the process of timely negotiating a, deferred payment agreement with the Utility.
3. for nonpayment of a bill related to another class of service at a different service location.
4. for failure to pay a disputed amount due on a delinquent account if the customer complies with the rules on customer bill disputes and the dispute remains under investigation by the Utility or the Regulatory Commission of Alaska. However, the Utility may proceed to discontinue service in accordance with the above provisions if a customer fails to pay any undisputed amounts.
Section 18. Restoration of Services
Restoration of service following discontinuance by customer order shall require a reconnect fee according to Schedule A. Restoration of service following discontinuance for non-payment of bills shall be made only after payment of current and past due charges and payment of the connection/reconnection fee
Restoration following discontinuance because of unsafe facilities, fraud, abuse, or non-compliance with these rules and regulations will be made only after: a) the irregularity has been corrected; b) any associated charges for discontinuance or repairs undertaken by the Utility have been paid; c) a new application for service has been received with the reconnection fee; and d) the Utility has received written assurance that the irregularity will not occur again.
The property owner shall provide access for connection or reconnection of services.
The customer is responsible for insuring that services are in good condition prior to restoration of services. The customer shall pay any costs for cleaning or thawing a service line prior to reconnection.
Section 19. Access to Property
Employees of the Utility shall have access, at reasonable hours, to the service line isolation valve for discontinuing service under the provisions of Section 17.
Section 20. Responsibility for Equipment
A. Responsibility for Customer Equipment: The Utility shall not be liable for any loss or damage caused by any defect in the customer's service line, plumbing, or equipment, nor shall the Utility be liable for loss or damage due to interruption of service
B. The customer shall be responsible for the condition of the plumbing system on his or her premises when service is connected.
Section 21. Prohibited Wastes
A. No person or persons shall place any substance including, but not limited to, animal and fish carcasses, refuse or trash, rocks or gravel, honeybucket wastes, oil, petroleum products, industrial solvents, hazardous chemicals, silty water from construction, storm water, gutter or street runoff, or other substances detrimental to the treatment process into any portion of the wastewater collection system including service lines, manholes, sewer mains, or in any manner damage or tamper with the wastewater collection system. Persons causing damage by dumping of prohibited wastes will be responsible for all repairs that are a consequence of his or her act.
B. Customers generating large volumes of grease from cooking or other operations shall install and maintain a grease trap in the service line.
Section 22. Access Prohibited
No person or persons, except authorized utility personnel, shall access manholes, sewer mains, lift stations, or any of the attachments or appurtenances thereof. Any person who damages a manhole, sewer main, lift station, or any of the attachments or appurtenances thereof through unauthorized access shall be responsible for the cost of its complete repair and return to service.
Section 23. Individual Waste Disposal Responsibilities
The Utility does not provide a solid waste or honey bucket pick-up service, the users are responsible to see that waste material is stored in a secure covered container with a tight fitting lid and is hauled to a licensed disposal area.
Section 24. Suspension of Rules
No employee of the Utility is authorized to suspend or alter any of the provisions herein without specific approval or direction of the City Council, except in cases of emergency involving loss of life or property or which put the sewer system operation in jeopardy.
Section 25. Constitutionality and Saving Clause
If any clause, sentence, paragraph, section, or portion of these rules and regulations for any reason is judged to be invalid by a court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder of this document but shall be confined in its operation to the clause, sentence, paragraph, or portion of these rules and regulations directly involved in the controversy in which the judgment is rendered.
Index
Section:
1. Service Area
2. Definitions
3. Description of Service
4. Service Irregularities and Limitation of Liability
5. Ownership of Utility Systems
6. Resale of Utility Services
7. Classification of Services
8. Mandatory Subscription
9. Customers
10. Main Extensions
11. Services
12. Abandonment of On-Site Wastewater Disposal Systems
13. Utility Rates
14. Notices
15. Billing and Payment
16. Administration and Enforcement
17. Discontinuance or Termination of Service
18. Restoration of Services
19. Access to Property
20. Responsibility for Equipment
21. Prohibited Wastes
22. Access Prohibited
23. Individual Waste Disposal Responsibilities
24. Suspension of Rules
25. Constitutionality and Saving Clause
Schedule A -- Nonrecurring Fees
Schedule B – Service Rates
26. Utility Forms
· Easement
· Right of Entry
· Residential Service Agreement
· Commercial Wastewater Service Agreement
· Request for Payment, Repayment Agreement, or Assignment of Dividend
· Notice of Decision to Discontinue Service
· Final Discontinuance Notice
· Procedures for Reconnection
Section 1. Sewer Service Area
The City of
Section 2. Definitions
Abandon septic tank drain field – To eliminate or sever the domestic wastewater line to an existing septic tank (or crib or cesspool), remove the septage, and fill the tank with earthen material.
ADEC: The State of Alaska Department of Environmental Conservation.
APPLICANT: A person or persons, firm or corporation requesting some service from the Utility.
COMMUNITY WASTEWATER COLLECTION SYSTEM: The community collection system includes all elements of the wastewater collection system except the customer service lines.
CUSTOMER or USER: An applicant who has been accepted and who receives utility services from the Utility.
CUSTOMER SERVICE LINE: The customer service line shall be that part of the piping from the sewer collection main to the dwelling, school, other facility, or point of use. Practically speaking, the customer service line is from the main to the dwelling. Customer service line appurtenances will include a service cleanout and may include an arctic box and or an individual lift station.
DELINQUENT: Past due amounts and associated finance and late charges that are not received by the Utility within 40 days after the date the bill that is past due was rendered.
DEPOSIT: Money paid to the Utility by a customer and held by the Utility for a certain time and later returned to the customer if all the requirements for refund are met.
DISCONTINUANCE: After the specified notice has been given and the notice period has expired, the Utility will close the service line isolation valve.
HONEYBUCKET WASTE: Human waste products from a non-flushing toilet.
LIFT STATION: The community wastewater lift station is a pumping station which moves wastewater to the wastewater lagoon or another part of the collection system.
MANDATORY SUBSCRIPTION: This means that all residences and businesses that fall within the wastewater service area and are contiguous to the community collection system, shall subscribe to wastewater collection service with the City of
PAST DUE: Payment that has not been received by the Utility within 25 days from the date the bill is rendered.
POLICY BOARD: City Council of the City of
SEPTAGE LAGOON: An open containment cell, or cells, for the disposal and treatment of septic waste.
SEPTAGE WASTE: Waste material evacuated form a septic tank, crib, or cess pool.
SERVICE LINE ISOLATION VALVE: A full port valve used to isolate a portion of the customer service line from the community sewer collection system.
SOLID WASTE: Garbage, rubbish, paper and waste material including all animal and vegetable refuse from food or food preparation, and dead animals.
UTILITY: City of
VSW: State of Alaska Department of Environmental Conservation Village Safe Water Program, the funding agency for the sewer system installation.
WASTEWATER: Domestic wastewater or sewage as defined by the ADEC regulations.
WASTEWATER COLLECTION SYSTEM: The collection system includes all elements of the system that convey wastewater to the lagoon including the customer service lines, gravity mains and manholes, and the lift station and force main.
WASTEWATER LAGOON: This is two cell lagoon, permitted by ADEC for wastewater treatment and discharge. Treated wastewater is discharged by percolation to the ground.
Section 3. Description of Service
The City of
A. Operate the Wastewater Collection System: The City shall operate the collection system in a manner which avoids disruption of service and promotes system longevity. The sewer collection system shall be able to handle normal sanitary wastes discharged to it without plugging or otherwise affecting building drain lines under normal operating conditions.
B. Operate the Wastewater Lagoon: The City shall discharge wastewater according to terms and conditions of its wastewater discharge permit.
Section 4. Service Irregularities and Limitation of Liability
A. Irregularity or Failure of Service: The utility will exercise reasonable diligence to furnish and deliver adequate sewer service. However, the utility will not be liable for damage resulting from interruptions, shortages, irregularities or failures due to accidents, intereference by third parties, acts of nature, or other conditions beyond the control of the utility. Whenever possible, and whenever time permits, all customers to be potentially affected by an interruption or irregularity in service will be notified prior to shutdown by direct notification, through local notice posted in the Post Office, by local radio transmission, or other method commonly used in the community.
B. Interruptions for Repairs or Modifications: The utility reserves the right to temporarily suspend the delivery of service when necessary for the purpose of making repairs, modifications, inspections or improvements to the system. The utility will make reasonable attempts to provide customer notice through the use of public media or by direct customer contact. Repair work will be completed expeditiously, and as far as possible, the work will be completed at a time of least incovenience to the customer.
C. Credit for Interuptions: The utility will provide a prorated credit of flat monthly usage charges for service interruptions extending longer than 48 hours, provided the interruption is not caused by customer damage to Utility facilities.
Section 5. Ownership of Utility Systems
All utility system components including mains, valves, fittings, equipment, and other appurtenances, except customer service lines are the property of the Utility.
Section 6. Resale of Utility Services
Resale of a utility service by a customer is expressly prohibited except through special contract between the Utility and the customer, as described in Section 7.
Section 7. Classification of Services
The Classes of Service shall be as follows:
A. Residential Service: Residential Service shall consist of all services for domestic purposes supplied to a single family dwelling unit.
B. School Service: School service shall consist of services provided to the school, its administrative offices, and other facilities owned/operated by the school that are not classified under a different class of service
C. Commercial Service: Commercial services shall consist of all office, commercial or business establishments, multiple family dwelling units, tribal facilities, community facilities, City and Utility owned buildings. If a customer is located in both a single family dwelling unit and a business establishment, the higher rate shall apply.
D. Contract Service: Contract services shall consist of those services for industrial or independent uses under contracts authorized by the Utility.
Where the requirement for services is large or unusual, or necessitates special services, equipment, or capacity, the Utility reserves the right to require a special contract, the provisions of which are different from and an exception to the regularly published utility rates and regulations. Special contracts will only be given to customers in unique circumstances. All similarly situated customers will be offered the same rates and provisions. All special contracts shall be in writing, signed by the applicants, approved by the Utility, attached to the tariff, listed in Schedule B, and filed with the Regulatory Commission of Alaska.
Section 8. Mandatory Subscription
All residences and other continuously occupied structures in the service area that are contiguous to the wastewater collection system, i.e., the property boundary abuts City road right of way or sewer utility easement wherein a wastewater collection main is located within 50 feet of said boundary, are required to become customers of the City’s wastewater utility and hook up to the wastewater system.
Section 9. Customers
A. New Customers: A person or organization becomes a customer by first applying for service to the Utility. Each applicant for service shall sign an application form provided by the Utility giving the date of application, type of service requested, location of the premises to be served, the date the applicant desires services to begin, the purpose for which the service is to be used, and the address to which bills are to be sent. By signing the application, the customer agrees to abide by the rules and regulations of the Utility, and to pay the fees established by the Utility for the service requested.
B. Customers Receiving Service at the Time Ordinance Enacted: Customers receiving service at the time the provisions of this code section was enacted are not required to submit an application, but will be presumed to accept the rules and regulations of the Utility, including the fees established for the service provided, if they remain customers and have not contacted the Utility requesting disconnection. Customers who have been disconnected from the system prior to the enactment of the provisions of this code must submit an application as required by Section 9(A) before service can be restored.
C. Customers Desiring a Change in Service: Customers desiring a material change in the size, type, character, or extent of equipment or operation which would result in a material change in the service provided, shall give the Utility notice of such change prior to the change taking place. An amended application must be filed with the Utility and any changes to the rate amount will occur prior to the change in service. All customers desiring a change in the size, location, or the number of services shall fill out an amended application. The request for amended service may be denied if the applicant has an outstanding bill due to the Utility.
D. Customer Complaints: The Utility wants to resolve customer complaints as quickly as possible. The Utility will respond to the substance of each service complaint or other customer complaint within 10 working days of its receipt. If the Utility does not resolve a complaint to the customer’s satisfaction, the customer may refer the matter to the Regulatory Commission of Alaska,
Section 10. Main Extensions
Main extensions, to areas or houses not currently being served, shall be installed only after application to and authorization by the Utility. Utility main extensions may require advance payment by the applicant or group of applicants of the cost of the extension before the Utility can provide them.
The Utility will determine the proper location of main extensions. Easements or permits secured for main extensions across property not owned by the Utility shall be obtained in the name of the Utility along with all rights and title to the main at the time of installation.
Section 11. Services
A. The customer shall own and maintain the customer service line.
B. Service Installation Charge: At the time the applicant files for service, where no service previously existed, or for a change in service size or location, or if he or she applies for a re-connection of an existing service, the applicant shall submit a service connection fee with the application. In the case of a new service, this fee will include all costs from the main to the dwelling, including the costs of materials needed to make the connection at the dwelling, if necessary. Initial connections made by the VSW funded project will be made at no cost to the property owner. Future service lines may be installed by either the customer or the Utility.
C. Service Installation Procedures: All connections to the Utility sewer system shall be made at the expense of the customer, except those connections made by the VSW funded project. Costs of the connection and the terms of the work governing the installation, including the use of self-help and use of Utility equipment, shall be established by the Utility. The Utility will not accept a service connection installed by a customer unless the connection meets the applicable installation codes. The Utility may require proof of code compliance in either physcial inspection by the Utility or a written statement from a qualified inspector. The City Council reserves the right to bill the customer for additional work and inspections incurred by the Utility to verify correct installation, correct inappropriate, deficient, or inadequate connections. The City Council may waive capital fees or costs to the customer as it deems reasonable (a quorum of the board consenting), as in, for instance, the case the City has applied for and received a grant to serve several houses such as a community development block grant.
D. Service Installation Codes: All individual sewer connections, repairs, and modifications shall be made only under the terms and conditions of the Uniform Plumbing Code currently in effect within the State of
E. Customer Plumbing:
1. The customer's plumbing, which shall include the customer service line from the main to the house, and all plumbing, piping, fixtures, and other appurtenances intended to carry sewage, waste water, and drainage, shall comply with the Uniform Plumbing Code (UPC).
2. Water wasting – customers shall exercise reasonable diligence and judgement to control water wasting. Single family residential customers shall report wastewater flows in excess of 1500 gallons per day to the City.
3. It shall be a violation of these rules and regulations for customers to operate, cause, or permit unauthorized operations or appurtenances on the service connections.
4. It shall be a violation of these rules and regulations for any customer to make, or remake a service connection without the prior knowledge and approval of the Utility as detailed by this ordinance.
Section 12. Abandonment of On-Site Wastewater Disposal Systems
A. Substandard on-site wastewater systems shall be abandoned according to ADEC regulations. During the VSW funded project, the City will assist the customers abandon the systems by severing sewer line from the dwelling to the septic tank, evacuating septage waste and filling the septic tank with earthen material.
B. Customers may keep existing on-site wastewater disposal systems which meet ADEC standards and have stamped record drawings as evidence of such. These existing systems are grandfathered in for use as a backup to the new community system. This provision does not authorize construction of new backup systems within the service area.
Section 13. Utility Rates
Utility rates to be charged for the various classifications of services are published in Schedule B attached hereto. On a periodic basis, Schedule A and B will be revised and approved by resolution of the City Council.
Section 14. Notices
A. Notices to Customers: Notices to customers from the Utility will normally be in writing and will be mailed or delivered to the customer at the address on file with the Utility. Where conditions warrant, and in an emergency, the Utility may notify customers by telephone, messenger, or radio.
B. Notices from Customers: Notices from the customer to the Utility may be given in writing, or verbally by the customer or his authorized representative at the Utility office. However, notices that result in a change in service or in work being performed by the Utility for the customer must be accompanied by the appropriate application required by Section 9(C) or a signed repair order or work order.
Section 15. Billing and Payment
A. Monthly Bills: All bills will be mailed on or before the 15th of each month. The bill will contain a statement of present charges due. All bills are due and payable 25 days from the date the bill was rendered.
B. All bills sent to a customer will include the following statement:
“You should contact us first if you have a complaint about your wastewater service. If you are not satisfied after contacting us, you may then file a complaint with the Regulatory Commission of Alaska. The Regulatory Commission of Alaska may be contacted toll-free at 1‑800-390-2782, or TDD (907) 276-4533.”
C. Delinquent Bills: All bills not paid within 40 days of the bill being rendered will be considered delinquent. The Utility may charge a late payment penalty fee on delinquent sums due to the Utility in accordance with Schedule A.
D. Delinquent Notice: At the discretion of the City Council, a notice of delinquency shall be mailed to each delinquent account on the date the account becomes delinquent.
E. Service Discontiuance Notice: If a Utility bill has not been paid a week after the Delinquent Notice is rendered, the Utility will notify the customer of the Utility’s intention to seek any lawful remedy to recover costs for the delinquent payments. The notice of discontinuance will be mailed at least 15 days before the scheduled date of any legal action. The notice shall be sent to the customer by certified or registered mail, return receipt requested. Not less than three working days prior to the date of discontinuance, the Utility will deliver a door hanger to the residence notifying the customer of the date and time of the impending discontinuance. The Utility may terminate the service at any time after the date and time indicated in the notice without further notification, unless deferred payment arrangements are made in accordance with Section 15(F).
F. Deferred Payment Agreements: If a residential customer demonstrates that economic hardship prevents payment in full of a delinquent bill that is not already covered by a deferred payment agreement, the Utility will continue service to the customer if the customer agrees to a deferred payment contract, signed by both the Utility and customer. The contract will meet the following requirements.
1. The customer agrees to pay one-third (or less at the Utility's option) of the outstanding bill at the time the deferred payment agreement is signed.
2. The customer agrees to pay all future bills for Utility service in accordance with the provisions of this section.
3. The customer agrees to pay the remaining outstanding balance in installments over a period not to exceed 12 months. If the outstanding balance predates the adoption of this tariff, the Utility may allow a repayment period of over 12 months if the customer has a large balance.
The Utility will not require any deferred payment agreement to have a duration of less than 3 months. The Utility will offer comparable terms and conditions to customers with similar payment problems. In determining a reasonable deferred payment schedule, the Utility will discuss with the customer and consider the following conditions:
1. size of the delinquent account;
2. customer's ability to pay;
3. customer's payment history;
4. length of time the debt has been outstanding;
5. circumstances that resulted in the outstanding debt;
6. any other relevant factors related to the circumstances of the customer.
If a customer fails to fulfill the terms of a deferred payment agreement, the Utility is not required to provide the customer with all the notices described in Section 15(D) prior to discontinuance and legal remedy; however, at least three working days before beginning legal proceedings the Utility will attempt to give written or telephone notice of the intent to seek remedy(s) to the customer.
G. Reconnection: In all cases where service has been discontinued due to delinquency, the customer must file a new application and again meet the requirements set forth in Section 11 before service will be reconnected.
H. Responsibility for Payment of Utility Bills: In all cases the person signing the utility application form is responsible for the utility bills regardless of who owns the property served. However, in the case of multi-family housing or business complexes with more than one unit the Utility reserves the right to bill the owner of the facility for all of the services provided by the utility.
Section 16. Administration and Enforcement
A. These rules and regulations shall be administered and enforced by the City Council, or the person designated by the City Council to manage the utility. The City Council, shall have the authority to establish and regulate rates for the sewer system for all customers.
B. The City Council may adopt such additional regulations, provisions, and procedures pertaining to sewer service as the Council deems proper.
Section 17. Discontinuance or Termination of Service
A. Discontinuance by Customer Order: Each customer about to vacate any premises supplied wastewater service shall give at least one week written notice of his or her intentions and state the date the service is to be discontinued. Otherwise, a customer will be responsible for all services supplied to the premises until a written notice is received.
Within one week of the date stated in the notice to discontinue service, a total bill (including any disconnect fee) will be prepared and delivered which is due and payable immediately. The amount of the bill for the current billing period will be determined by prorating. The number of days of service received in the given month (including the date of discontinuance) will be divided by the total number of days in the month, times the usual monthly charge for the customer.
B. Discontinuance for Non-payment of Bills: A customer's sewer or waste disposal services may be discontinued and legal remedy(s) sought if the bill is not paid in accordance with the procedures listed in Section 15.
C. Discontinuance for Unsafe Customer Facilities:
1. Unsafe Facilities or Unsanitary Facilities: The Utility may discontinue services to any premises without prior notice where plumbing facilities, appliances, or equipment, discharging waste water, are dangerous, unsafe, or not in conformance with standard plumbing practice.
D. Discontinuance for Service Detrimental to Others: The Utility may refuse to furnish service, restrict service, or immediately terminate service to any premises where excessive demands by a customer will result, or have resulted, in inadequate service to other customers. The determination of excessive demand may vary depending on current Utility sewer resources and system equipment conditions.
E. Discontinuance for Fraud or Abuse: The Utility will refuse or discontinue service to any customer or premises where it is deemed necessary to protect the Utility from fraud or abuse of service. Discontinuance of service for one or both of these causes will be made immediately upon receipt of knowledge by the Utility that such condition or conditions exist.
F. Discontinuance for Unauthorized Connection: Where service has been discontinued for any reason and the service is restored by the customer or another unauthorized person, the service may then be discontinued, without notice to the customer. The charges for disconnection at the main will be billed at the actual cost for labor and materials plus 50% billed to the offending customer. The charges for use of service through such illegal connection will be at the regular rate for the period of time, as estimated by the City Council, that such illegal or unauthorized connection existed.
G. Discontinuance for Non-compliance: Unless otherwise specified by these rules and regulations, a customer may have service discontinued for violation of any provision of these rules and regulations following fifteen days notification of such impending termination of service. Proper notice is specified in Section 15(E) of these regulations.
H. Limitations on Reasons for Discontinuance: The Utility will not discontinue service to a customer in the following circumstances:
1. for delinquency in payment for services rendered to a prior customer at the premises where service is being provided.
2. if the customer is unable to pay the full delinquent amount due, and is in compliance with a signed, or is in the process of timely negotiating a, deferred payment agreement with the Utility.
3. for nonpayment of a bill related to another class of service at a different service location.
4. for failure to pay a disputed amount due on a delinquent account if the customer complies with the rules on customer bill disputes and the dispute remains under investigation by the Utility or the Regulatory Commission of Alaska. However, the Utility may proceed to discontinue service in accordance with the above provisions if a customer fails to pay any undisputed amounts.
Section 18. Restoration of Services
Restoration of service following discontinuance by customer order shall require a reconnect fee according to Schedule A. Restoration of service following discontinuance for non-payment of bills shall be made only after payment of current and past due charges and payment of the connection/reconnection fee
Restoration following discontinuance because of unsafe facilities, fraud, abuse, or non-compliance with these rules and regulations will be made only after: a) the irregularity has been corrected; b) any associated charges for discontinuance or repairs undertaken by the Utility have been paid; c) a new application for service has been received with the reconnection fee; and d) the Utility has received written assurance that the irregularity will not occur again.
The property owner shall provide access for connection or reconnection of services.
The customer is responsible for insuring that services are in good condition prior to restoration of services. The customer shall pay any costs for cleaning or thawing a service line prior to reconnection.
Section 19. Access to Property
Employees of the Utility shall have access, at reasonable hours, to the service line isolation valve for discontinuing service under the provisions of Section 17.
Section 20. Responsibility for Equipment
A. Responsibility for Customer Equipment: The Utility shall not be liable for any loss or damage caused by any defect in the customer's service line, plumbing, or equipment, nor shall the Utility be liable for loss or damage due to interruption of service
B. The customer shall be responsible for the condition of the plumbing system on his or her premises when service is connected.
Section 21. Prohibited Wastes
A. No person or persons shall place any substance including, but not limited to, animal and fish carcasses, refuse or trash, rocks or gravel, honeybucket wastes, oil, petroleum products, industrial solvents, hazardous chemicals, silty water from construction, storm water, gutter or street runoff, or other substances detrimental to the treatment process into any portion of the wastewater collection system including service lines, manholes, sewer mains, or in any manner damage or tamper with the wastewater collection system. Persons causing damage by dumping of prohibited wastes will be responsible for all repairs that are a consequence of his or her act.
B. Customers generating large volumes of grease from cooking or other operations shall install and maintain a grease trap in the service line.
Section 22. Access Prohibited
No person or persons, except authorized utility personnel, shall access manholes, sewer mains, lift stations, or any of the attachments or appurtenances thereof. Any person who damages a manhole, sewer main, lift station, or any of the attachments or appurtenances thereof through unauthorized access shall be responsible for the cost of its complete repair and return to service.
Section 23. Individual Waste Disposal Responsibilities
The Utility does not provide a solid waste or honey bucket pick-up service, the users are responsible to see that waste material is stored in a secure covered container with a tight fitting lid and is hauled to a licensed disposal area.
Section 24. Suspension of Rules
No employee of the Utility is authorized to suspend or alter any of the provisions herein without specific approval or direction of the City Council, except in cases of emergency involving loss of life or property or which put the sewer system operation in jeopardy.
Section 25. Constitutionality and Saving Clause
If any clause, sentence, paragraph, section, or portion of these rules and regulations for any reason is judged to be invalid by a court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder of this document but shall be confined in its operation to the clause, sentence, paragraph, or portion of these rules and regulations directly involved in the controversy in which the judgment is rendered.
Section 26
SCHEDULE A
Non-Recurring Fees
SERVICE CHARGE
DISCONNECTION $35
CONNECTION/RECONNECTION $35
LATE PAYMENT PENALTY $10 or 10% whichever is greater.
RETURNED CHECKS / FAILED BANK DRAFT $35
SCHEDULE B
Service Rates
SERVICE CHARGE
RESIDENTIAL SERVICE $40/ Month
SCHOOL SERVICE $200/ Month
COMMERCIAL SERVICE $70/ Month
LIST OF SPECIAL CONTRACTS
NONE
Section 27
Utility
FORMS
Easement
Right of Entry
Residential Service Agreement
Commercial Wastewater Service Agreement
Request for Payment, Repayment Agreement, or Assignment of Dividend
Notice of Decision to Discontinue Service
Final Discontinuance Notice
Procedures for Reconnection