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Ordinance No. 529-110 ORDINANCE NO. 529-11 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDING ADMINISTRATIVE CODE SECTION 6.4.11 REGARDING METER ERROR AND LEAK ADJUSTMENT POLICY Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this Ordinance is to provide for the establishment of the South Tahoe Public Utility District's Water Meter Error and Leak Adjustment Policy, and the incorporation of its operation into the Administrative Code. SECTION II — DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: A. The District — The South Tahoe Public Utility District. 0 B. The Board — The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code — The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. D. General Manager — The General Manager of the South Tahoe Public Utility District. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. From time to time, the water meters used to measure the water provided to District water customers function incorrectly such that their readings are not accurate and may show that more water has been delivered to the customer than the customer has actually received. This may result in an error in a customer's water bill such that the customer is charged for more water than the customer receives. H Ordinance No. 529 -11 Meter Error and Water Leak Adjustment Policy Page 1 ® 2. From time to time, through no fault of the customer, a District water customer may experience a leak in the plumbing system on the customer's side of the water meter, such that the customer's water meter, while it may show the amount of water that was actually delivered to the customer, will register a larger amount delivered than the amount of water the customer puts to use. This may result in a corresponding increase in a customer's water bill such that the customer would be charged for more water than the customer has put to use. 3. The Board has determined that it is appropriate that customers not be responsible for the cost of an increased water bill when the increased amount is the result of a water meter error or a leak in the plumbing system on the customer's side of the water meter. Accordingly, the Board seeks to establish a Water Meter Error and Leak Adjustment Policy which sets forth the procedures to be followed when there is a water meter error or a leak in the plumbing on the customer's side of the water meter and provide for the District's operation in accordance with that policy. 4. The Board has determined that it is in the best interest of the health and safety of District's residents to adopt this ordinance to establish the District's Water Meter Error and Leak Adjustment Policy attached hereto and incorporate its operation into the Administrative Code.. SECTION IV — ADD SECTION 6.4.11 TO ADMINISTRATIVE CODE The following section shall be added to the Administrative Code: 6.4.11 WATER METER ERROR AND LEAK ADJUSTMENT POLICY Water meter errors and water leak adjustments shall be addressed pursuant to the District's Water Meter Error and Leak Adjustment Policy. The Water Meter Error and Leak Adjustment Policy adopted herewith by the District's Board and may only be modified through action taken by a majority vote of the District's Board. SECTION V — SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VI — EFFECTIVE DATE This Ordinance adding the above referenced section to the Administrative Code shall take effect thirty days after its passage. Ordinance No. 529 -11 Meter Error and Water Leak Adjustment Policy Page 2 PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 17 day of March, 2011 by the following vote: AYES: Cefalu, Jones, Mosbacher, Rise, Schafer NOES: None ABSENT: None D Dale Rise, President South Tahoe Public Utility District ATTEST: Kathy Sharp, erk of the Board U � t Ordinance No. 529 -11 Meter Error and Water Leak Adjustment Policy Page 3 Meter Error and Leak Adjustment Policy POLICY STATEMENT The South Tahoe Public Utility District ( "District ") has determined that it is appropriate that customers not be responsible for the cost of an increased water bill when there is a meter error or a leak in the plumbing system on the customer's side of the meter. This policy provides an opportunity for customers to request adjustments to water use charges when a meter error occurs or a leak occurs on the customer's side of the meter. Any customer who has such an error or a leak or who is seeking an adjustment of a water usage charge for a meter error or leak shall be treated in accordance with this policy. RULE AND REQUIREMENTS FOR METER ERROR AND WATER LEAK ADJUSTMENTS: 1. Customer's Responsibility to Monitor, Investigate and Repair Leaks The customer is responsible for monitoring higher than expected usage as reflected on the customer's bill. Higher than expected usage must be investigated by the customer and any leaks promptly repaired by the customer. A customer who has observed or has actual knowledge of a leak on the customer's side of the water meter is required to promptly repair the leak. 2. Meter Reading Error If an investigation of a meter and meter records shows that a meter was misread, then the customer's bill will be revised based on the corrected reading on a prorated basis. If there was a failure of the meter or the meter reading device, a new bill will be issued using an estimated usage based on the average use during the same billing period during each of the previous three (3) years or any information that is available on the customer's account prior to the bill in question. 3. Proper Meter Reading If an investigation of a meter and meter record establishes that a meter was properly read and that there was no failure of meter or meter reading device, the customer's bill will remain valid and payable on the specified due date. 4. Testing of the Customer Meter If the customer questions the accuracy of the meter, the customer may request that the meter's accuracy be tested. The customer must pay a meter testing deposit of one hundred dollars ($100.00) for meters of a size of up to and including one and one half inch (1.5 "). The District will remove the meter and test it at the District's shop or at the District's election have the meter tested by a third party. For meters larger in size than one and one half inch (1.5 "), the District will engage an outside consultant to test the meter if the customer agrees to pay for the testing. If the meter's accuracy is found to be within the guidelines established for meters by the American Water Works Association (AWWA), it will be deemed to be accurate. If the meter is found to be accurate within AWWA guidelines, the customer's meter testing deposit will not be refunded. If the meter does not meet AWWA accuracy standards, the District shall refund the meter testing deposit to the customer, repair or replace the meter, and make an adjustment to the customer's bill in accordance with the test results. -1- 5. Request for an Approval of Adjustment If customer believes that a leak in the plumbing system on the customer's side of the meter has resulted in an increased water bill and desires that the District adjust the customer's bill, the customer must submit to the District for review a completed Water Leak Adjustment Request Form, to be provided by the District, within sixty (60) days of the customer's receipt of the billing statement that covers the time period during which the water leak occurred. The completed form shall be accompanied by a plumber's receipt for the repairs performed and /or a receipt for parts. In lieu of receipts, businesses with in -house maintenance staff may submit a statement signed by the manager who witnessed the repair. All requests for billing adjustments must be received in writing at the Customer Service Department office of the District during regular business hours. 6. Eligibility Any customer requesting a water leak adjustment must have been a District customer for at least a three -month period at the address for which the request is presented. In order to be eligible for a leak adjustment, the customer's account must be paid in full and kept current until the leak adjustment request is reviewed and the District has made a determination regarding the request. Only one adjustment will be allowed every 24 months per account. 7. Leaks Qualifying for Adjustment and Calculation of Billing Adjustment A leak adjustment request must meet all other requirements of this policy. If all other requirements of this policy are met, the following leaks may qualify for adjustment: (1) a leak within an underground water service line between the meter and exterior of a building (2) a leak within or under a building if the leak was due to a ruptured water service line or similar sudden release of water from a water service line or (3) a leaking commode or faucet. The District will not adjust any water bills as a result of faucets or hoses left running, the filling of swimming pools or hot tubs, pressure washing, watering of lawns and gardens, damaged irrigation sprinkler heads, water feature (e.g. ponds, fountains, etc.) leaks, premises left or abandoned without reasonable care for the plumbing system, or similar water usages. Water loss due to theft, vandalism or construction damage is not covered under this policy. 8. Calculation of Billing Adjustment Only one (1) bill, or two (2) consecutive bills if the leak affects two (2) billing cycles, will be adjusted to credit the customer's account for charges incurred due to a water leak. The estimation of the proper billing adjustment amount will be based on an estimated usage based on the average use during the same billing period during each of the previous three (3) years or any information that is available on the customer's account prior to the bill in question. 9. Requirement of Actual Leak The District shall not consider or approve any leak adjustment to a customer's water bill unless the increase water bill is the result of an actual physical leak for which an adjustment in the bill is requested, and the leak is located, documented, and repaired. 10. Requirement of Request for Adjustment within Sixty (60) Days of Receipt. The District shall not make an adjustment to a customer's water bill when the written leak adjustment request is submitted for review to the District more than sixty (60) days after to the customer's receipt of the bill. A customer will be deemed to have received a bill three (3) days after it is deposited in the U.S. mail by the District. -2- The District shall not extend the due date of a customer's water or wastewater bill as a result of a customer's submission of a leak adjustment request. 11. Field Verification The District reserves the right to make field verifications of the repairs performed before approving leak adjustments. 12. Approval by District Staff for Water Leak Adjustment All requests for adjustments shall be approved by the District's Customer Service Supervisor or the Customer Service Manager before an adjustment is credited to a customer's account. When the Customer Service Supervisor or the Customer Service Manager reasonably determines that the customer requesting an adjustment of a water bill for a leak had actual knowledge of a leak, or with due diligence would have suspected or known of a leak, and did not take reasonable and timely steps to investigate, locate, and repair the leak, the Customer Service Supervisor or the Customer Service Manager shall not approve the request for an adjustment. RECORD KEEPING REQUIREMENTS The Customer Service Department shall keep a written record of the customer billing adjustment request and the action taken by the District. REVIEW BY DISTRICT STAFF The District's Board of Directors hereby authorizes the District's Customer Service Supervisor and Customer Service Manager to approve adjustment requests, as appropriate, in accordance with the provisions of this policy. If the customer believes the action taken on the customer's request to be unacceptable, the customer shall be advised of the customer's right, upon the customer's request, to have the billing adjustment request heard and acted upon by the Board of Directors. If requested by the customer, the customer's request for a billing adjustment shall be scheduled for consideration at the Board of Directors' next regularly scheduled meeting and the customer shall be informed of the time and place of the meeting. REVIEW BY THE BOARD OF DIRECTORS When a customer appears at a Board of Directors' meeting regarding a billing adjustment request without previously submitting the facts regarding the request to the Customer Service Department staff, the Board of Directors may delay hearing or ruling on the request until the next regular meeting to allow the District's staff, attorney or others to locate and prepare materials concerning the request for adjustment. NOTICE TO ALL CUSTOMERS All notices, statements, requests and other communications from the District to the customer shall be deemed sufficient and properly given if in writing and delivered by U.S. mail. A customer's refusal to accept any notice or communication shall be deemed receipt. MODIFICATION OF THIS POLICY This Meter Error and Leak Adjustment Policy may be modified only through action taken by a majority of the District's Board of Directors. -3- South Tahoe I Utility District 1275 Meadow Great Drive • South Lake Tahoe • GA 96150 Phone 530 5446474 • Fax 530 541 -0614 Water Leak Adjustment Request Form Leak Adjustment Policy: The District will grant no more than one water billing adjustment for water leaks on the customers' side of the water meter per water service connection every 24 months. No leak adjustment will be granted as a result of faucets or hoses left running, filling of swimming pools or hot tubs, pressure washing, watering of lawns and gardens, damaged irrigation sprinkler heads, water feature (e.g. ponds, fountains, etc.) leaks, premises left or abandoned without reasonable care for the plumbing system, or similar water usages. • A Water Leak Adjustment Request Form must be submitted to the Customer Service Department within sixty (60) days of the customer's receipt of the billing that covers the time period during which the water leak occurred. 0 Account Holder Name: Service Address: Account Number: Contact Phone Number: ( ) Property Type: Single - Family ❑ Multi - Family ❑ Commercial ❑ Description of Leak: Date leak was discovered: Location of leak: Leak Repaired by: Date leak was repaired: Description of repair: Account Holder Signature: Date: NOTE: PROOF OF REPAIR MUST BE ATTACHED OR ADJUSTMENT WILL NOT BE PROCESSED. For Office Use Only: Date: Approved by: