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REGULATION NO.
4 -
CONDITIONS AND USE OF SERVICE
4-1 SUPPLYING OF SERVICE - Service will be
supplied by the District to all customers within its Approved Water Service
Area under and pursuant to these regulations, any modifications or additions
hereto lawfully made, under such applicable rate schedules and contracts as may
from time to time be established.
4-2 DISTRICT RESPONSIBILITY - The sole
obligation of the District shall be to supply water service to the customer
under the terms and conditions of its By-Laws, these Regulations, and any
written service agreement with the customer.
The District shall have the right to discontinue such service at any
time, pursuant to these regulations and/or the service agreement. Service to a customer shall not obligate the
District to maintain such service for a third party's benefit.
4-3 WASTE OF WATER - Waste of water is
prohibited, and customers must keep their fixtures, appliances and other
equipment in good order at their own expense, and all waterways closed when not
in use. Leaky fixtures and appliances
should be repaired at once without waiting for notice from the District.
4-4
UNAUTHORIZED CONNECTIONS AND TURN-ONS - No one
other than District employees, in the performance of duties for the District,
shall turn the water on or off to any customer's premises at the curb cock
without first having obtained the written approval of the District. The curb cock will not be turned on by the
District to serve any premises unless the customer or their agent is present at
the premises at the time the District turns said water on.
No plumber or other person shall make
connections with a customer’s service line, connect the service when it has
been disconnected by the District, or turn customer’s water on or off, without
first obtaining written permission to do so from the Lockwood Water and Sewer
District.
Persons not authorized by the District
shall not open, close, turn, or interfere with, or attach to or connect with,
any fire hydrant, water main valve or other appurtenance belonging to the
District.
No connections whatsoever shall be made
by anyone to the customer's installation between the water main and the
customer's water outlets for any purpose without written authorization from the
District.
Under no circumstances shall anyone,
without written authorization from the District, connect to the customer's
installation to serve any separate structure on or off the customer's
premises. See Regulations 4-7 and 7-7.
In the event any customer or potential
customer, or their plumber or contractor violates this regulation, the District
may thereafter deny service until all damages or costs incurred have been
reimbursed to the District.
4-5 INTERRUPTIONS OF WATER SUPPLY - The
District will exercise reasonable diligence in supplying satisfactory and
continuous water service, but cannot and does not guarantee a constant and
uninterrupted water supply. Water
pressures will vary because of differences in elevations and water
demands.
Whenever necessary for the purpose of
repairs, extensions, replacements, enlargements, or other improvements to its
system, the District shall have the right to temporarily suspend the delivery
of water and, in such cases, the District will give reasonable notice if
circumstances permit. Whenever an
interruption of service can be foreseen, the District will attempt to schedule
its activities in accordance with its customer's needs. Any interruption will be of as short a
duration as practicable under safe operating conditions.
4-6 GENERAL DISTRICT LIABILITY - Any
temporary failure of the District to supply water service by reason of
accident, unusual natural conditions or otherwise, shall not render the
District liable.
4-7 RESALE OF WATER - The District’s
approved rate schedule covers the sale of water for the sole and exclusive use
of the customer. Service shall be used
by the customer only for the purposes specified in the service agreement,
contract or applicable rate schedules.
Customer shall not re-meter, share, sell, or permit other individual to
use such service through customer's service line by hose or other devices for
the purpose of supplying water to said individual's property without the prior
approval of, and written permission from the Board.
If any unauthorized use of water or
services is permitted to continue twenty-four (24) hours after a customer
receives a written notice from the District to discontinue such use, the water
supply to said customer shall be disconnected.
4-8 RIGHTS-OF-WAY, EASEMENTS AND PERMITS
- A customer, or prospective customer, shall grant to the District, without
charge, all rights-of-way, easements, permits, licenses and inspection
certificates necessary for the installation, construction, maintenance, repair,
replacement, enlargement, removal, or use of any or all pipe, equipment or
materials used to supply and deliver water to said customer.
4-9
ACCESS TO CUSTOMER'S PREMISES, EASEMENTS AND TO
RIGHTS-OF-WAY - Acceptance by customers of water service supplied
directly or indirectly from the District’s base system shall constitute
agreement that authorized employees of the District bearing proper credentials
and identification shall have access to the customer's premises at all
reasonable hours for any purpose related to water service under the Rules,
Regulations, Articles of Incorporation and By-Laws of the District. Duly authorized employees and agents of the
District bearing proper credentials and identification shall be permitted to
enter on all private properties through which the District holds a District
easement and/or right-of-way. Entry on and
use of the aforementioned easements or rights-of-way shall be for the purpose
of, but not limited to, inspection, observation, measurement, sampling, repair,
replacement, enlargement, operation and maintenance of any portion of the
District’s water system located within the easements and/or rights-of-way. Easements shall be done in full accordance
with the terms of the duly negotiated easement agreement pertaining to the
property involved.
Access shall be granted to employees of
the District to cut off the water supply in the absence of or inoperable
condition of an outside shut-off valve.
If access is denied, the District reserves the right to install a
shut-off valve at the customer’s expense.
No person shall obstruct such easements
or rights-of-way in any manner that may prevent the unrestricted access to and
use of the easements or rights-of-way by duly authorized employees of the
District unless such obstructions are specifically permitted by the public
authority having jurisdiction, in the case of public rights-of-way, or under the
terms of the easement agreement with respect to District right-of-way easements.
4-10 SPRINKLING OR IRRIGATING – RESTRICTIONS
CONCERNING USE OF WATER - The District may specify the hours and days
during which watering, sprinkling or irrigating lawns or gardens may be
permitted or rationed, whether water is supplied directly or indirectly from
the District’s base system. Further,
the District may make such rules and regulations necessary to maintain an
adequate supply of water in the reservoirs for fire protection and/or other
public health and safety reasons. The
District will give notice thereof by mail notice and/or through the news media
at the start of the sprinkling season, or whenever conditions require a change,
and will prominently post such notice in its principal office located at 1644
Old Hardin Road.
When a District employee discovers any
customer violating the hours or days for sprinkling service during rationing or
restrictions, he shall deliver to such customer a copy of the notice of hours
and days of sprinkling and shall advise the customer that he is in violation of
these regulations. If the customer is
found in violation of this particular regulation once more in any season, he
will be notified by mail that one more violation will result in discontinuance
of water service to said customer and that reconnection fees as well as any
punishment and penalties available under law will be applied.
Unless the District specifically grants
a lawn sprinkling service with outside meter box, lawn sprinklers will only be
permitted where water is carried into a building. Any sprinkling system directly connected to a customer's
installation supplying water either directly or indirectly from the District’s
base system shall have an approved back flow prevention device properly located
and installed on said sprinkling system.
4-11 EMERGENCY RESTRICTIONS - In the event
of a major emergency that requires the immediate temporary curtailment of the
use of water supplied either directly or indirectly from the District’s
facilities, the District shall have the authority to impose on any or all
customers such restrictions on use of water as may be deemed necessary for the
protection of its customer's health and welfare.
4-12 NO FREE SERVICE - The District shall
not supply free water or free work or services to any customer or group of
customers, unless approved by the Board of Directors.
4-13 VARIATIONS IN SERVICE - The water
pressure and capacity of the District’s facilities may vary in different
areas. As protection against the
installation of unsuitable fixtures and equipment, customers shall ascertain
from the District the type of service available at their point of delivery.
4-14 CROSS-CONNECTIONS PROHIBITED -
Furnishing of water service to any customer shall be contingent upon said
customer's furnishing a type of connection which is approved by the District as
capable of protecting the District’s water supply from back flow. It is
prohibited for any person or entity using water supplied, either directly or
indirectly, from the District’s base system, to continue an active
cross-connection or to cross-connect such water supply with a foreign source of
water, or with any appliance, appurtenance, hose, pipe or other fixture in any
manner.
If contamination of the District’s
water supply occurs, the District, or an agent hired by the District, shall be
allowed to inspect the water system to determine the cause and source of
contamination, all costs associated with the inspection and corrective measures
to remove the contamination from the system shall be charged to the owner of
the property which contains the source of
contamination and the District shall have the right to file a lien for the
purpose of securing the costs.
4-15
MISCELLANEOUS
DEVICES
- When it is deemed by the District that such devices are necessary to protect
the District facilities and water supply, the District may require any customer
to install, as a condition of water service, and at customer's expense, an
approved back flow prevention device or any other similar type device at a
location suitable to the District. The
customer shall be responsible for the testing operating, maintenance, repair
and replacement of all such devices at the request of the District.
Miscellaneous devices such as, but not
limited to, pressure reducing valves, pressure relief valves, booster pumps,
storage tanks, or any other type of auxiliary device that are installed after
the water meter at the customer’s discretion, shall be the customer’s
responsibility and the customer shall be responsible for the operation,
maintenance and repair. All such
devices must meet State plumbing codes.
4-16 SEASONAL, CONSTRUCTION, SHORT TERM OR
TEMPORARY SERVICE - Contractors, builders, or owners are required to take
out a District permit for the use of water for building and other purposes in
construction work. Customers are warned
not to allow contractors to use their fixtures unless they produce a permit
specifying the premises on which the water is used. Contractors, builders or owners will contact the District for the
necessary permits, fees and information necessary to obtain these services,
which are temporary only. All water
used for any purpose will be metered and billed unless otherwise authorized by
the District. Water use fees, meter
setting/removal fees and miscellaneous charges associated with this type of
water use will be paid within 30 days of billing or the District will discontinue
the service until the fees are paid in full.
Users will provide for sufficient back flow prevention meeting the
District’s requirements before engaging in short term use.
Pursuant to Regulation 9-9 of these
regulations, the District may require prospective customers to pay in advance
the estimated cost of connecting, disconnecting, installing, and removing the
facilities required for rendering seasonal, construction, short-term or
temporary water service, including service provided from fire hydrants. However, all facilities for providing water
for the aforementioned purposes shall be metered.
4-17 PLUMBING INSPECTIONS REQUIRED - The
plumbing upon any property which is to be connected with the District’s water
system shall comply with the building and plumbing codes as well as these Regulations
Governing Water Service in effect at the time of the inspection. As a condition and a prerequisite for the
continuing use of the District’s water system, a District employee may, upon
demand, inspect the plumbing on such property and require the owner or occupant
to comply with the latest codes.
No water will be furnished, or a meter
set, to serve any buildings, structures or other properties located within the
Water Service Area of Lockwood Water and Sewer District, unless the plumbing
from the corporation stop to the meter in said buildings, structures or other
properties has been inspected by a District employee and subsequently approved
by said District employee before the excavation trench is back filled.
4-18 TERMINATION OF SERVICE BY CUSTOMER -
Customer shall, under normal conditions, give the District at least twenty-four
(24) hours notice, Saturdays, Sundays and holidays excluded, to terminate
service, unless a longer notice of termination is provided for in the Service
Agreement.
4-19 DISCONTINUANCE AND REFUSAL OF SERVICE BY
THE DISTRICT- The District may refuse service or may discontinue service to
any customer or prospective customer including any other member of the same
household or firm when application by such customer may subject the District to
abuse, fraud, theft or as may be provided for elsewhere herein these rules and
regulations or as follows:
A. Without Notice:
1. In the event of any condition determined by
the District to be hazardous to the District, property and/or persons.
2. In the event customer uses any equipment in
such manner as to adversely affect the District’s equipment or the District’s
service to others.
3. In the event of any unauthorized use or
diversion of service or when any evidence of tampering with the District’s
meter, or interference with the proper functioning thereof, is found. Under MCA 45-6-301, such acts may be
prosecuted as criminal theft, and under MCA 69-4-1101, et seq., the District
may obtain judgment for three times the reasonable value of the water service
and its costs, including attorneys' fees, costs and expert witnesses' fees.
4. Upon receipt of orders from government
authority to discontinue service.
B. Upon Not Less Than Twenty-Four (24)
Hours' Notice:
1.
For violation of and/or noncompliance with any applicable
Federal, State, District or other local laws, regulations and codes, including
regulations implemented by the Board.
2.
For failure of the customer to permit the District
reasonable access to facilities owned by the District.
3.
For failure of the customer to fulfill their contractual
obligations for service.
4.
For nonpayment of the District’s service bill. See Regulation 9-5 of these regulations.
C. Upon Ten (10) Days Written Notice:
Waste of water is prohibited and leaky
services and equipment must be repaired at once, without waiting for notice
from the District, and, in the case of knowledgeable waste of water, if not
repaired after ten (10) days' written notice is given by the District to a
customer, the water may be shut off for (See Regulation 4-3 of these
Regulations) failure of a customer to keep their water service line, meter,
meter box/vault, fixtures, and/or any other appurtenance in good repair and in
a safe operable condition.
D. As May Otherwise Be Provided For in the
Regulations Contained Herein:
1.
The District may refuse or discontinue water service to any
customer or prospective customer for such reasons and under such conditions as
may be specified elsewhere in these regulations even though such reasons and
conditions are not specifically set forth in this particular section of the
regulations.
2.
Whenever service is discontinued under this regulation, or
in accordance with the provisions of any other regulation contained in these
Regulations Governing Water Service, customer shall not be entitled to have
service restored until all requirements of these regulations have been fully
complied with by said customer. The
District may also require customer to pay all costs of discontinuing and
re-establishing water service.
4-20 TURN-ON AND TURN-OFF OF WATER SERVICE
- When the introduction of water service for any new premises is desired by a
customer, the curb cock shall remain in the "OFF" position and remain
off until a turn-on is applied for and turn-on order is issued by the District
and the water is subsequently turned on by an authorized District
representative. A turn-on order for a
new permanent customer's installation shall be issued by the District only upon
written application by the owner of the premises to be served and after the
representative of the District has issued certification that all provisions of
these regulations have been complied with during the installation of the
plumbing to serve said premises.
When it is desired to have the water turned
on to a previously served premises, after it has been turned off for any reason
by the District, the turn-on will be made upon receipt by the District of a
written application, or verbal request.
The District may require that the conditions set forth in the above
paragraph apply to any turn-on.
The District will require any customer
or their agent that has requested a turn-on to be present at the premises when
said turn-on is accomplished by the District so that the customer or agent can
sign the turn-on order at that time.
The District may charge said customer a fee for such turn-on.
Any unpaid water service charges,
penalties or fees against any prospective customer will be required to be paid
at time of application for a turn-on by said customer, or an arrangement for
payment satisfactory to the District shall be made before water is supplied to
the premises in question.
After receipt of a written application
or verbal request to the District, any water service will be turned off without
charge when such turn-off can be accomplished at a time convenient to the
District . Whenever a request is made
to the District by customer for a special turn-off, turn-on or temporary
discontinuance of water service to any premises and which necessitates immediate
action and is not in the nature of an emergency as determined by the District,
the service requested may be classified as a special service in accordance with
the fees established.
When a request is made to the District
for a service to be shut off when vacating the premises due to sale of the
property, or a transfer of service made, either verbally or in writing, the
service to the premises will be shut off until all unpaid charges are paid in
full. The service to the premise will
not be turned on for a new customer until the charges are paid in full.
4-21 TURN-ON, TURN-OFF LIABILITY DISCLAIMER
- The District shall not be liable for any damage to persons or property that
may result from the turn-off of the water service by the District pursuant to these
regulations or from the service being left on when the premises may be
unoccupied.
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