Docket UW40301
Order UW93-10
BEFORE THE COMMISSION
on Thursday, the 17th day of June, 1993.
Linda Webber, Chair
John L. Blakney, Vice-Chair
Order
UPON
the application of the Southport Water Utilities Inc. (the "Applicant" or "Utility") dated March 2, 1993, for approval of an amendment to its General Rules and Regulations to permit the Utility to bill its customers once a year;AND UPON
reading and considering the Utility's application;AND UPON
it appearing to the Commission that circumstances warrant a variance of the said General Rules and Regulations;NOW THEREFORE
, pursuant to the Water and Sewerage Act, R.S.P.E.I., 1988, Cap. W-2;IT IS ORDERED THAT
1. The existing Southport Water Utilities Inc. General Rules and Regulations are revoked and the General Rules and Regulations appended to, and forming part of, this order are substituted therefor; and
2. The appended General Rules and Regulations are approved and declared effective on July 1, 1993 and shall remain in effect until otherwise ordered by the Commission.
DATED at Charlottetown, Prince Edward Island, this 17th day of June, 1993.
BY THE COMMISSION:
Linda Webber, Chair
John L. Blakney, Vice-Chair
SOUTHPORT WATER UTILITIES INC.
GENERAL RULES & REGULATIONS
These Rules and Regulations are made and approved by The Island Regulatory and Appeals Commission
under authority of the Water and Sewerage Act, R.S.P.E.I. 1988, Cap. W-2
July 1993
Contents
1.0 APPLICATION
2.0 INTERPRETATION
3.0 GENERAL
3.1 Disputes
3.2 Application for Service
3.3 Plumbing Permit
3.4 Plumbing to be Satisfactory
3.5 Refusal of Service
3.6 Condemned Premises
3.7 Season for Laying Pipe
3.8 Access to Customer's Premises
3.9 Prohibited Appliances
3.10 Interference with Utility Property
3.11 Improper Use or Waste of Water
3.12 Repair of Leaks
3.13 Cooling Water
3.14 Suspension of Service for Violation
3.15 Suspension of Service
3.16 Liability of the Utility
3.17 Jurisdiction of the Utility
4.0 SERVICES
4.1 Installation of Shut-off
4.2 Individual Service
4.3 Security Deposits
4.4 Deposits on Custom Work
4.5 Non-Negotiable Cheques
4.6 Service Pipes
4.7 Cost of Service Pipes
4.8 Cost of Oversized Service Pipes
4.9 Relocation of Service
4.10 Multiple Service Connections
4.11 Unauthorized Extensions, Additions or Connections
4.12 Cross Connections Prohibited
4.13 Contaminated Interconnection
4.14 Repairs to Service Lines
4.15 Water for Construction
5.0 BILLING AND METERING
5.1 Payment of Bills
5.2 Prorating of Rates
5.3 Number of Billings
5.4 Suspension of Service for Non-Payment of Bills
5.5 Curb Stop Charge
5.6 Delayed Payment Charge
5.7 Owner of Premises Billed
5.8 Rates During Vacancy
Part 1—APPLICATION
1.1 As required by the Water and Sewerage Act, Section 16, the following Rules and Regulations have been approved by the Island Regulatory and Appeals Commission for application by the Southport Water Utilities Inc. in the Community of Southport.
1.2 These Rules and Regulations are subject to the Water and Sewerage Act as well as to directives of and special contracts approved by the Island Regulatory and Appeals Commission.
Part 2—INTERPRETATION
2.1 In these Rules and Regulations, unless the context otherwise requires, the expression:"Commission" means the Island Regulatory and Appeals Commission.
"Customer" means a person, firm or corporation who or which requests or is supplied with water or sewerage or water and sewerage service at a specific location or locations.
"Domestic Service" means the type of water service supplied to the owner or his authorized agent or to the occupant or tenant of any space or area occupied for the distinct purpose of a single-family house, each unit of a multiple dwelling, individual apartment, flat and the like, furnished with separate kitchen facilities provided with running water.
"Due Notice" means the requirement that forty-eight (48) hours written notice be given by the utility to a customer before any action is taken against the customer for failure to comply with any of these Rules and Regulations.
"General Service" means any type of water service other than domestic service.
"Service" means water service.
"Shall" in the context of these Rules and Regulations means the imperative and that an act must be done.
"Utility" means the Southport Water Utilities Inc.
Part 3—GENERAL
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.
3.2 Application for Service
The Utility may, before rendering service, require an application form signed by a prospective customer.
3.3 Plumbing Permit
In the case of an owner of an existing building or premises applying for service, no service shall be provided until the Utility has been provided with a Certificate of Approval issued by the Plumbing inspector.
3.4 Plumbing to be Satisfactory
All plumbing, pipes, fittings, vents, fixtures and other devices for conveying, distributing, controlling or utilizing water which are used by a customer and are not the property of the Utility shall be installed according to the requirements of the current edition of the Canadian Plumbing Code. Except for construction or testing purposes, the water shall not be turned on until the applicant for service has satisfied these requirements. The supply of water may be refused or discontinued to any customer at any time, if, in the opinion of the Utility, the plumbing, pipes, fittings, vents, fixtures and other devices are herein before mentioned, or any of them, fail to comply with the above requirements, or if any part of the water system of such customer is in any unsuitable, dirty, unsanitary or inaccessible place. Service shall not be reestablished until such condition is corrected to the satisfaction of the Utility.
3.5 Refusal of Service
Service shall be refused or suspended to any customer who has failed to discharge any of his liabilities to the Utility.
3.6 Condemned Premises
Services shall be immediately discontinued to any property condemned under any Federal or Provincial statute or municipal bylaw.
3.7 Season for Laying Pipe
The Utility shall not, on application or otherwise, lay any pipe at any season of the year which, in the opinion of the Utility, is deemed unsuitable for such construction.
3.8 Access to Customer's Premises
Representatives of the Utility shall have the right of access to a customer's property or premises at all reasonable hours for the purpose of inspecting any water pipes or fittings or appliances. The Utility shall have the right to suspend service to any customer who refuses such access.
3.9 Prohibited Appliances
Service may be refused or suspended by the Utility to any customer who installs or uses any device or appurtenance, as for example: booster pumps, quick-opening or quick-closing valves, water-operated pumps or siphons, standpipes or large outlets which may occasion sudden large demands of short or long duration, thereby requiring oversized pipe lines, or affect the stability or regulation of water pressure in the Utility's system. A permit to install or use any such device or appurtenance must be obtained from the Utility. The permit shall specify what special arrangements, such as elevated storage tanks, surge tanks or equalizing tanks, etc., must be provided by the customer.
3.10 Interference with Utility Property
No person, unless authorized by the Utility in writing, shall draw water from, open, close, cut, break or in any way injure or interfere with any water pipe or main or other property of the Utility, or obstruct the free access to any stop cock, building, etc.
3.11 Improper Use or Waste of Water
No customer shall permit the improper use or waste of water nor shall he sell or give water to any person except upon such conditions and for such purposes as may be approved in writing by the Utility.
3.12 Repair of Leaks
Leaks due to broken water services, worn tap washers, toilet valves or other causes shall be promptly repaired. If, after being notified, a customer refuses or unduly delays in having the repairs or alterations made, the Utility may suspend the service if, in its opinion, such action is necessary to prevent improper use or wastage of the service.
3.13 Cooling Water
Water shall not be used for cooling purposes by any customer of the Utility except where the system or equipment to be supplied is of the recirculating conservation type with make-up water only being added. In the case of refrigeration equipment, including air conditioning systems, no system having a water consumption rate in excess of 0.50 litres per minute per metric tonne of capacity shall be provided with cooling water. This Regulation shall apply to all new installations and to any existing systems if and when they are to be enlarged, renewed or replaced.
3.14 Suspension of Service for Violation
Whenever, in the opinion of the Utility, violation of any of these Rules and Regulations is existing or has occurred, the Utility may cause the service to be suspended from the premises where such violation is existing or has occurred and may keep the same so suspended until satisfied that the cause for such action has been removed.
3.15 Suspension of Service
In every case calling for a suspension of service, due notice must be given to the customer concerned.
3.16 Liability of the Utility
3.16.1 The Utility shall endeavor to maintain reasonable continuity of service. If the service is interrupted, the cause of such interruption or other condition shall be removed or corrected and normal operating conditions restored as soon as possible.
3.16.2 The Utility shall not be responsible for any damage, direct or consequential, loss or liability that a customer may sustain by reason of interruption of service, variation of pressure or on account of the turning off or turning on of the water for any purpose, unless caused by the negligence of the Utility.
3.16.3 Interruptions in service shall not relieve the customer from any charge for service.
3.17 Jurisdiction of the Utility
The Utility shall have jurisdiction over all services and extensions including those on a customer's premises up to the cellar stop.
Part 4—SERVICES
4.1 Installation of Shut-offEvery water service to a premises shall have a shut-off valve in an accessible position at the point of entry to the premises.
4.2 Individual Service
Except with the special written approval of the Utility, each separate residential building or premises, not including multiple apartment buildings exceeding two (2) units, shall have a separate water service with a curb stop.
4.3 Security Deposits
Each applicant for service may be required to deposit with the Utility a sum of money equal to the estimated charges for four (4) month's service. The deposit shall be held by the Utility as collateral security for the payment of its bills. When this deposit is held, at the option of the Utility, for a period in excess of one (1) year, simple interest at a rate based on the nearest one-half percent (1/2%) of the bank's prime lending rate as of the first (1st) banking day of each year shall be credited to the account when refunded. The deposit, less any amount owed the Utility, shall be returned to the customer after service has been discontinued and upon the surrender of the deposit receipt.
4.4 Deposits on Custom Work
Whenever a customer requests that the Utility do work for which such customer is required to pay, and the Utility agrees to do the work, the Utility may require, before the work is started, a sum of money equal to the Utility's estimate of the probable cost of the said work. When the actual cost is determined, an adjustment in payment shall be made. Service shall not be established or continued by the Utility until all charges are paid.
4.5 Non-Negotiable Cheques
A charge of ten dollars ($10.00) may be made for each non-negotiable cheque.
4.6 Service Pipes
Upon receipt of an application for service to any premises located on any portion of a street within the service area of the Utility, which is served by a main water pipe, and which premises are not already provided with service, the Utility shall install or permit to be installed a water service pipe which it considers to be of a suitable size and capacity. The customer may engage an independent contractor to install connections which the Utility considers to be of a suitable size and capacity. No water pipe smaller than 19 mm in diameter shall be laid for any water service. Any work carried out by an independent contractor for the customer shall be under the inspection and supervision of the Utility. An inspection fee of twenty dollars ($20.00) shall apply to work installed by an independent contractor.
4.7 Cost of Service Pipes
In cases where mains are existing, the cost of supplying and laying a 19 mm water service pipe and fittings between the main and the property line of the property to be served shall be paid by the Utility. From the property line to the premises, the cost shall be paid by the customer.
4.8 Cost of Oversized Service Pipes
In cases where mains are existing, for water services larger than 19 mm the whole cost shall be borne by the customer, less the cost of a 19 mm service from the main to the property line.
4.9 Relocation of Service
After service has been installed by the Utility, no relocation of, or alteration to, the portion of the service installed shall be made except at the expense of the customer or other persons requesting such removal or alteration.
4.10 Multiple Service Connections
In the event of more than one (1) service being required to the same property, such as a sprinkler system connection or an additional general service connection or connections, the full cost of the additional services to the system mains, any necessary repairs and maintenance to the additional services between the main and the customer's premises and any necessary repairs and replacement to any portion of the streets or sidewalks of the municipality damaged in providing such additional services shall be paid by the customer. The decision as to the necessity of the additional services shall be made by the Utility.
4.11 Unauthorized Extensions, Additions or Connections
No person shall, without the written consent of the Utility, make or cause to be made any connection to any pipe or main or any part of the water system of the Utility or in any way obtain or use water therefrom in any manner other than as set out in these Rules and Regulations.
4.12 Cross Connections Prohibited
Connections of any customer's installation served by the Utility to any other source of water supply is prohibited, except with the written permission of the Utility with the terms and conditions of interconnection clearly defined. Failure to comply with this Regulation shall entitle the Utility to suspend the service.
4.13 Contaminated Interconnection
No connection shall be permitted to any installation, equipment or source in such a manner as may allow any contamination to pass from such installation, equipment or source into the Utility's water supply system. If any such connection exists the Utility may discontinue the supply of water to such customer.
4.14 Repairs to Service lines
If a leak, stoppage or other trouble occurs on a water line, it shall be repaired as soon as possible.
The following work shall be carried out at the expense of the Utility:
(i) Repairs necessitated by a leak or other trouble occurring between the water main and the property line.
(ii) Repairs necessitated by a leak or other trouble occurring between the property line and the customer's premises which has been caused by the installation having insufficient grade or as a result of poor workmanship.
(iii) Repairs necessitated by tree roots occurring between the water main and the property line.
The following work shall be carried out at the expense of the customer:
(i) Repairs necessitated by normal wear and tear occurring between the property line and the customer's premises.
(ii) Repairs necessitated by any stoppage attributable to the improper use of the water facilities occurring between the main and the customer's premises.
(iii) Repairs necessitated by tree roots occurring between the property line and the customer's premises.
4.15 Water for Construction
The Utility may furnish water to persons requiring a supply thereof for the construction of buildings or other works. Such persons shall deposit with the Utility such sum as may be determined by the Utility as sufficient to defray the cost of making the necessary connection to the service main. Upon completion of the work, an adjustment shall be made after determining the connection charges in respect to such installation.
Part 5—BILLING AND METERING
5.1 Payment of Bills
Unless otherwise ordered by the Commission and subject to anything else in the Rules and Regulations, bills for all classes of service shall be rendered to each customer at intervals of one (1), two (2), three (3) or twelve (12) months, at the option of the Utility. All customers shall be billed in advance. All bills shall be payable within thirty (30) days after the date rendered and if not so paid shall be deemed to be in arrears.
5.2 Prorating of Rates
In the case of a customer not receiving service for a full billing period, the flat rate shall be computed on a pro-rata basis for the period involved.
5.3 Number of Billings
No customer shall be billed more than twelve (12) minimum charges in any twelve (12) month period.
5.4 Suspension of Service for Non-Payment of Bills
The Utility may suspend service to customers whose bills remain unpaid for more than sixty (60) days after the date rendered, provided that due notice is given.
5.5 Curb Stop Charge
In all cases where service has been discontinued by means of a curb stop for non-payment of bills or on account or for violation of any section of these Rules and Regulations, service shall not be restored until all arrears, together with a twenty dollar ($20.00) charge, have been paid. If turn-off and turn-on is carried out during normal working hours at a customer's request, a twenty dollar ($20.00) charge will be made, and if not paid, shall be included in any subsequent bill for service. If turn-off or turn-on of service is requested to be carried out after normal working hours, the charge for such call out shall be based on normal charge-out rates for time and equipment involved, but shall not exceed a three (3) hour charge-out for any one (1) call.
5.6 Delayed Payment Charge
All bills shall be computed according to the rates fixed by the Commission, and if any bill is not paid within thirty (30) days after the date rendered, as indicated by the postmark, or such date as my be clearly shown upon the bill, whichever is the later, it shall be subject to a delayed payment charge. The charge shall be equal to two percent (2%) per month of the amount of such bill, but in no case shall the amount of the penalty be less than twenty-five cents ($0.25).
5.7 Owner of Premises Billed
At the option of the Utility, charges for service may be billed to the owner of the premises.
5.8 Rates During Vacancy
In the case of a premises being vacant, the owner shall be billed for the period until the new tenant becomes responsible for the service.