Docket UW01404
Order UW92-8IN THE MATTER of a dispute between Maureen Leunes and the Charlottetown Commissioners of Sewers and Water Supply.
BEFORE THE COMMISSION
on Wednesday, the 7th day of October, 1992.
Linda Webber, Chairman
John L. Blakney, Vice-Chairman
Order
WHEREAS:
Section 3.1 of the Prince Edward Island Municipal Water & Sewerage Utilities General Rules and Regulations (the "Regulations") reads as follows:
3.1 Disputes
If any dispute arises between the Utility and a customer over the interpretation or application of these Rules and Regulations, either party may refer the matter to the Commission for decision, and the Commission may, notwithstanding anything contained in these Rules and Regulations, make such order as it may deem appropriate.
The Commissioners of Sewers and Water Supply (the "Charlottetown Water Commission" or "CWC") has in place a practice of installing water meters on residential premises equipped with a swimming pool. That practice arises out of Section 5.10 of the Regulations which reads as follows:
Except where water is used for construction purposes from a hydrant, under the supervision of the Utility, and except as otherwise provided in these Rules and Regulations, all service other than that for Domestic Service and Fire Protection Service shall be metered.
The CWC does not otherwise meter single family dwellings.
Maureen Leunes resides at 7 Malahu Drive in Charlottetown. Her residence is provided with water service by the CWC. The Leunes property includes a single family dwelling and a swimming pool.
In a letter dated June 19, 1992 to the Commission's Director, Utilities Division (the "Director"), Maureen Leunes disputes the above practice of the Charlottetown Water Commission:
As we are both aware, this matter has been on going for one year without the matter being resolved satisfactorily.
In my view, I am no further ahead than I was then, except that the CWC has gotten their meter installed after shutting off my water once and on a second occasion, threatening to do so.
It would hardly seem possible to resolve this matter when the deck seems stacked against me. It seems no reasonable discussions can take place when the threat of cutting off the water looms in the background.
I stand in my original premise
(a) 2 years elapsed after a building permit and pool was installed before a demand by the CWC was issued, requesting that I have a meter installed.
(b) The pool was filled up once and once only upon installation—the water supply is re-cycled thru chemicals and the filtering system, therefore water consumption is minimal.
(c) The pool is classified as non-domestic, and this is where I disagree totally, I'm in a residential (commercial permits are not allowed) area and I'm being told that because I have a pool for my use I'm no longer considered domestic.
And if the CWC feel that this by-law covers domestic pools then it should follow that CWC have the right to meter the pool water ONLY and not the house which is truly domestic by everyone's definition.
From the very beginning none of these matters were brought up, which clearly violates my rights as an individual. I don't think Public Utilities should arbitrarily legislate rules after the fact and in my case this is clearly what happened.
In all fairness, it would seem to me that the removal of the water meter would be reasonable in my particular case.
By letter dated June 21, 1991, the Director had earlier advised Ms. Leunes that he believed that swimming pools did not fall within the traditional use of the term domestic service and that the CWC was correct in billing her based on metered sales. With the filing of the above letter from Ms. Leunes dated June 19, 1992, the Director referred the matter to the Commission.
The Commission notes that part of Ms. Leunes' concern in this matter relates to the time period that elapsed between the installation of the pool and the demand made by the CWC to have a meter installed. We understand that the delay was the result of the CWC not being aware that the pool existed.
In a letter to the Director, dated June 20, 1991, the CWC's General Manager, R.T. Clark, comments on the delay:1
We receive a copy of the City Building Permit Report every month. This is reviewed by various departments and comments are made if necessary. In the case of this application the building permit indicated an "addition to single residence". Under out existing regulations we do not have to meter a single residence home.
We do not receive a copy of the application for City of Charlottetown Building Permit and Development Permit. We have, however, asked the city to change the application form to inform applicants that they should check with the CWC if they require water and sewer services. The present city application form makes note of this.
The present city application form contains the following statement:
5. Applicants requiring water or sewer services must contact the Charlottetown Water Commission at 894-7091.
This, we understand, is the extent of the water-sewer information made available to applicants requesting a building-development permit from the City. Although this was not on the application form earlier completed by Ms. Leunes, we are doubtful that, even if it were, it would have prompted Ms. Leunes or anyone with existing water-sewer service to contact the CWC. Simply stated, the information is, in our view, inadequate.
The Commission believes that the CWC should develop an information circular for inclusion with the City's building-development permit application form that outlines the requirements of the CWC. Such a circular could contain general as well as specific information on the requirements of the CWC and could outline relevant regulations and practices. In our view, this would greatly assist applicants and would overcome many of the difficulties presently encountered in this area. The Commission would encourage the CWC to immediately proceed with the development of this information circular and to seek the cooperation of the City in including the circular with the material given to applicants for building-development permits.
In the matter before us, we understand that the metering practice of the CWC respecting residential properties with swimming pools is universally applied and that the practice results from the belief that such properties consume on average more water than residential properties without pools. A review of data obtained from the CWC appears to support that belief. According to the CWC, the average consumption for non-pool equipped single-family dwellings in Charlottetown is 60,000 gallons per annum. The average consumption for pool-equipped single-family dwellings is approximately 90,000 gallons per annum, some 50% higher.
The Commission concludes from this and deems that the metering practice of the CWC is appropriate. The undefined words domestic service contained in Section 5.10 of the Regulations should not be read to include single-family dwellings with swimming pools.
Although we are sympathetic to Ms. Leunes' concerns relating to the delay in her being advised that a meter was required, we are unable to conclude that this, in and of itself, is grounds for the removal of the meter.
NOW THEREFORE, for the reasons given herein,
IT IS ORDERED THAT
1. the practice of the Charlottetown Water Commission of installing water meters on residential properties with swimming pools is affirmed.
DATED at Charlottetown, Prince Edward Island, this 7th day of October, 1992.
BY THE COMMISSION:
Linda Webber, Chairman
John L. Blakney, Vice-Chairman
1 Much of the correspondence in this file precedes Ms. Leunes letter of June 19, 1992 and resulted from earlier inquiries of the Director.
