I. Service Classification
There shall be no distinction of this category.
II. Service Application
A. Any bona fide owner of a single family dwelling; or to each residential unit in an auto court or duplex having reasonable accessibility to the source of and who is in need of having water supplied to his place of occupancy or property may be a Member of this company by obtaining a membership certificate from the company. Persons who make application and receive the approval of the board of trustees may be admitted to membership upon subscribing for a membership certificate and by signing such agreements for the purchase of water as may be provided and required by the company, provided that no person otherwise eligible shall be permitted to subscribe for membership of the company if the capacity of the company’s water system is exhausted by the needs of the existing Members
B. The company may reject any application for membership when the applicant is delinquent in payment of bills incurred for service previously supplied at any location.
C. In the event of a violation of any of the provisions of these rules, bylaws or any other regulation of the Company, the Company may remove the meter and/or discontinue service. Prior to the service being restored, and/or the meter being reinstalled, the member shall first pay to the Company any service fee(s) and/or damages of an amount determined by the Company, any unpaid water bills, and the minimum monthly water rate multiplied by the number of months the meter has been out of service.
D. The individual in whose name the membership certificate is prepared shall be responsible for payments of all bills incurred. If any owner I member has property that is occupied by a renter or persons leasing or purchasing on a land contract, the water service shall remain in the name of the owner I member. All billings, water usage, and losses of any nature shall be the sole responsibility of the property owner. All current accounts with deposits will remain in the renter's name until time of departure, or when their account has been closed, deposit credited and final bill processed.
III. Initial or Minimum Charges.
A. The flat minimum monthly rate shall be payable irrespective of whether any water is used by the Member during any month.
B. The flat minimum monthly rate shall be payable irrespective of seasonal use.
C. The flat monthly minimum fee will continue each month as long as the member holds a deed. If the member voluntarily requests a termination of service for a definite or indefinite period, the reactivation fee to subsequently have service restored shall be the lesser of the minimum monthly water rate multiplied by the number of months the meter has been out of service or the established tap fee.
D. The current tap fee shall be charged for each new meter installation within the limits set forth. Each meter requires a separate Water Tap Number and each Water Tap Number will cover a separate and individual Account.
E. Each Members service must be separately metered at a single delivery and metering point.
IV. Company’s Responsibility
A. The company shall install, maintain, and operate a main distribution pipe line or lines from the source of water supply, and service lines from the main distribution linear lines to the property line of each Member of the company at which points, designated as delivery points, meters to be purchased, installed, owned and maintained by the Company, shall be placed. The cost of the service line or lines from the main distribution line or lines of the company to the property line of each Member shall be paid by the Company. The Company will also purchase and install a cut-off valve in each service line from its main distribution line or lines, such cut-off valve to be owned and maintained by the Company and to be installed on same portion of the service line owned by the Company. The Company shall have the sole right to use such cut-off valve.
B. Each Member shall be entitled to one (1) service line per property from the Company's water system unless otherwise approved by the Board of Trustees and provided that the Member shall be required to pay the prevalent tap fee for each service line. No new service line or change in an existing service line may be made which will interfere with any existing service line or the delivery of water therein. Each service line shall connect with the company's water system at the nearest available place to the place of desired use by the Member if the company’s water system shall be of sufficient capacity to permit the delivery of water through a service line at that place without interfering with the delivery of water through a prior service line. If the company's water system shall be inadequate to permit the delivery of water through a service line installed at such place without interfering with the delivery of water through a prior service line, then such service line shall be installed at such place as may be designated by the Company. Each Member is required to purchase, install, and maintain such portion of the service line or lines from the property line of the Member to the Member’s own dwelling; or other place of use on his premises at his own expense unless alternate arrangements have been approved by the Board of Directors.
V. Company’s Liability
A. The Company does not assume the responsibility of inspecting the Members piping or apparatus save and except the required Ohio Environmental Protection Agency cross connection inspection. Any failure or inadequacy of the Member’s piping or apparatus is and remains the sole responsibility of the Member.
B. The Company reserves the right to refuse service unless the Member's lines or piping are installed in such manner as to prevent cross connections or back-flow.
C. The Company shall not be liable for damages for any kind whatsoever resulting from water or the use of water on the Member's premises, unless such damage results directly from negligence on the part of the company. The Company shall not be responsible for any damage caused by or resulting from any defects in piping, fixtures, or appliances on the Member's premises. The Company shall not be responsible for negligence of third persons, or forces beyond the control of the Company resulting in any interruption of service.
D. Under normal conditions, the Members will be notified of any anticipated interruptions of service.
VI. Member Responsibility
A. Piping on the premises of the Member must be so installed that the connections are conveniently located, at the sole determination of the Company, with respect to Company lines and mains.
B. If the Company is called upon to provide additional meters each place of metering will be considered as a separate and individual account.
C. The Member shall provide a place of metering which is unobstructed and accessible at all times.
D. The Member shall furnish and maintain a private cut-off valve on the Member's side of the meter. The Company is to provide a like valve on the Company's side of the meter.
E. The Member's piping and apparatus shall be installed and maintained by the Member at the Member's expense in a safe and efficient manner and in accordance with the Company’s rules and regulations and in full compliance with sanitary regulations of the State Board of Health and Ohio Environmental Protection Agency.
F. The Member shall guarantee proper protection for the Company's property placed on the Member's premises and shall permit access to it only by authorized representatives of the Company.
G. In the event of any loss or damage to the property of the Company, or any accident or injury to persons or property caused by, or resulting from the negligence or wrongful act of the Member, his agent or employees, the cost of the necessary repairs or replacements shall be paid by the Member to the Company and any liability otherwise resulting shall be assumed by the Member.
H. The amount of such loss, or damage or the cost of repairs shall be added to the Member's bill and if not paid, services may be discontinued by the Company.
I. Water furnished by the Company shall be used for domestic consumption by the Member, members of his household and employees only. The Member shall not sell water to any other person or entity. Disregard for this rule shall be sufficient cause for refusal or discontinuance of service.
VII. Extensions to Mains and Services.
A. The Company may upon sufficient proof of financial viability, as determined at the Company’s sole discretion, construct extensions to its water lines to points within its area but the Company shall not be required to make such installations.
B. All member paid line extensions shall be evidenced by a contract signed by the Company and the person advancing funds for said extension.
VIII. Access to Premises.
A. Duly authorized agents of the Company shall have access, at all reasonable hours, to the premises of the Member for the purpose of installing or removing Company property, inspecting piping, reading or testing meters or for any other purpose in connection with the Company's service and facilities.
B. Each Member shall grant or convey, or shall cause to be granted or conveyed to the Company a permanent easement and right-of-way across, under or through any property owned or controlled by the Member wherever said easement and right-of-way is necessary for the Company water facilities and lines to be able to furnish service to the Member.
IX. Change of Ownership.
A. Not less than one week notice must be given in person or in writing to the Company to notify Company of a change in ownership.
B. The outgoing party will be responsible for all water consumed up to the time of departure or the time specified for departure on the Company records; whichever period is longer.
X. Meter Reading – Billing – Collection.
A. Meters will be read and bills rendered monthly, but the Company reserves the right to vary the dates or length of period covered, temporarily or permanently if necessary or desirable.
B. Bills for water will be figured in accordance with the Company's schedule and will be based on the amount consumed for a period covered by the meter reading, except where a Member orders turn-on, the minimum bill to Member for such period shall be equal to the minimum charge for one full month's service.
C. Charges for service commence when service is available to the Member, whether used or not.
D. Readings from different meters will not be combined for billing, irrespective of the fact that said meters may be for the same or different premises, or the same or different Members, or for the same or different services.
E. Bills are due when rendered and are delinquent after fifteen (10) days; if not paid within thirty (30) days of due date service may be discontinued by the Company. See your Water User's Agreement for details.
F. Delinquent accounts that may be discontinued, as set out in Article X, Section E hereinabove, will be sent a 'Ten (10) Day Disconnection Notice." This Notice will be sent to the person responsible for the bill.
G. Failure to receive bills or notices shall not prevent such bills from becoming delinquent nor relieve the Member from payment.
XI. Suspension / Termination of Service.
A. Service discontinued for non-payment of bills will be restored only after all delinquent and current bills are paid in full and a service fee of $100 is paid. Owner / members shall be billed the monthly minimum during month(s) out of service. Any account scheduled for shutoff will be assessed the $100 service fee if payment is not received in the Ross County Business Office by 9AM on the date of shutoff. Any affected owner / member paying after 9am will not avoid being charged the $100 service fee regardless if the service has or has not been physically shutoff at time of their payment.
B. The Company reserves the right to discontinue its service without notice for the following additional reasons:
1. To prevent fraud or abuse.
2. Member’s willful disregard of the Company's rules.
3. Emergency repairs.
4. Insufficiency of supply due to circumstances beyond the Company's control.
5. Legal process.
6. Directive by public authorities.
7. Strike, riot, fire, flood, accident or any unavoidable cause.
C. The Company may in addition to prosecution by law, permanently refuse service to any Member who tampers with a meter or other measuring device.
XII. Complaints – Adjustment.
A. If the Member believes his bill to be in error, he shall present his claim, in person or in writing, to the Water Company before the bill becomes delinquent. Such claim if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service, as heretofore provided. The Member may pay such bill under protest and said payment shall not prejudice his claim.
B. The Company will make special meter readings at the request of the Member for a fee of twenty-five dollars($25.00), provided, however, that if such special reading discloses that the meter was over-read, no charge will be made.
C. Meters shall be tested at a certified third party testing facility at the request of the Member. If the meter tested meets AWWA standard criteria the Customer shall be charged the cost of the test. The Company shall pay the cost of the tests should it fail to meet that criteria.
D. If the seal of a meter is broken by other than the Company's representatives or if the meter fails to register correctly or is stopped for any cause, the Member shall pay an amount estimated from the record of his previous bills and/or from other proper data.
XIII. Mobile Home Park or Auto Court.
A. A mobile home park or auto park is defined as applied to the above Rules and Regulations as real property divided into multiple specific lots for the express purpose of placing a mobile home or any other transitory residence on each lot. The mobile home or other similar object remains the personal property of the renter and remains transitory. The owner of the real property may install a master meter to serve all lots of the mobile home park or auto court. The owner of the real property may also upon application to and approval by the Company purchase and install an individual meter for each lot. Regardless of the metering method selected the owner of the real property is bound by these Rules and Regulations and is responsible for all water usage expenses on the real property.
XIV. Abridgement or Modification of Rules.
A. No promise, agreement or representation of any employees of the Company shall be binding upon the Company except as it shall have been agreed upon in writing, signed and accepted by the acknowledged officers of the Company.
B. The Company reserves the right to modify, alter, limit or expand these rules as necessary on a case-by-case basis at the sole discretion of the Board of Directors.
C. No modification of rates or any of the rules and regulations shall be made by any agent of the Company.
D. The word "Company" used herein applies to Ross County Water Company, Inc. The word "Member" used herein applies to the Members of said Company.
