Rules

October 1, 1995
Amended November 21, 1996
Amended February 26, 1998
Amended September 23, 1999

To read a specific rule click on the link below.

Service Classification
Service Application
Initial or Minimum Charges
Company's Responsibility
Company's Liability
Member's Responsibility
Extensions to Mains and Services
Access to Premises
Change of Occupancy and Termination of Service
Meter Reading - Billing - Collection
Suspension of Service
Schedule of Fees and Charges
Fire Policy
Service for Sprinkler systems
Line Relocation Fund

I.Service Classification.
There shall be one class of users.

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II.Service Application.
Any bona fide occupant of a single family dwelling; a residential unit in an auto court, duplex, or multiple dwelling building; or a person owning or otherwise lawfully using property may be a member of this Company by signing a water users agreement for the purchase of water as then required by the Company, and by providing or obtaining a valid easement for installation of water lines of sufficient size and length to service the property. The new member shall also pay the tap-in fee set forth in the schedule of fees and charges.

The Company may reject or hold a proposed water users agreement if the capacity of the Company’s system, in the opinion of the Company, is not sufficient to satisfy the needs of the applicant.

The Company may reject any proposed water users agreement when the applicant is delinquent in payment of any amount due and owing the Company until and unless such amount is paid in full.

In the event of violation by a member of any of the provisions of these Rules, the Code of Bylaws, or the Code of Regulations of the Company, the Company may remove the member’s meter (or meters) and discontinue service. No meter shall be reinstalled or service reinstated, until the member pays the reinstallation charge provided for in the schedule of fees and charges.

If a member requests removal of his or her meter for a definite or indefinite period, the reinstallation charge shall be the minimum monthly water rate multiplied by the number of months the meter has been out of service, or the tap fee as set forth in the schedule of fees and charges, whichever is the lesser amount. If a member requests service be temporarily suspended, for a period not to exceed three (3) months, the member shall pay the minimum monthly water rate multiplied by the number of months of suspension or the reconnect fee as set forth in the schedule of fees and charges, whichever is the lesser amount. For purposes of this subparagraph E., a part of a month shall be equivalent to one full month.

The person executing the water users agreement shall be responsible for payment of all charges for materials and service provided to the member by the Company.

Membership may be voluntarily terminated by written notice to the Company, payment of all charges due and payment of the liquidated damages provided for in the terminating member’s water users agreement.

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III. Initial or Minimum Charges

The flat, minimum monthly rate, as established in the water rate schedule for the year, will be payable each month regardless of the amount of water used by the member during that month.

For each new meter installation or tap, a tap-in fee shall be charged, depending upon the size of the tap and meter installed, as set forth in the schedule of fees and charges.

Each member’s service must be separately metered at a single delivery and metering point. All commercial use, including storerooms and stalls for business purposes shall be metered separately from any residential use. If a member adds or permits an additional user or otherwise exceeds the capacity of his meter, for any reason, without notifying the Company and complying with these Rules for installation of an additional meter or higher capacity meter, the member shall be in violation of these Rules and subject to the provisions of II, D., above.

Each new (non-current) member shall, at the time of executing a water user’s agreement, pay a membership fee, as provided for in the schedule of fees and charges; provided, however, if the transfer is a result of (1) death of a spouse, (2) death of a relative, (3) judgment decree of divorce, (4) gift to a family member, or (5) a transfer between spouses, for whatever reason, there shall be no membership fee charged. (Effective May 20, 1994)

The Company may charge to a member, as an additional fee or charge, a proportionate or mandated share of any privilege tax, sales or use tax, other excise tax, tax based on income or any other tax or charge levied against the Company which constitutes a new or different tax or charge imposed after the adoption of these Rules.

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IV. Company’s Responsibility

The Company will install, maintain, and operate a main distribution pipe line or lines from its source of water supply, and service lines from the main distribution line or lines to the property line of each member of the Company. This point shall be designated as the delivery point. Meters, which shall be and remain the property of the Company, shall be installed at the delivery points. The cost of the service line or lines from the main distribution line or lines of the Company to the delivery point of each member shall be paid by the Company.

The Company retains the right to install cut-off valves in any of its lines and the right to use such cut-off valves as the Company determines, in its sole and conclusive discretion.

Each member shall be entitled to one (1) service line per meter. No new service line or change in an existing service line may be made without the written consent of the Company. In addition, such installation shall be in accordance with the Company installation instructions. The Company may, at its option, install or change the member’s service line or lines. The cost of installation or change, including the cost of materials, will be paid by the member.

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V. Company’s Liability

The Company does not inspect and will not assume the responsibility for inspecting the member’s service lines or apparatus.

The Company shall not be liable for damage of any kind whatsoever resulting from water, lack of water, or use of water on or in the member’s premises. The Company shall not be responsible for any damage directly or indirectly caused by or resulting from any defects in piping, apparatuses, fixtures, or appliances on or in the member’s premises. The Company shall not be liable for any damage resulting from the negligence of third persons or forces beyond the control of the Company.

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VI. Member’s Responsibility

Service lines must be so installed that the meters are located where required by the Company’s installation instructions.

The member’s service lines and apparatus shall be installed and maintained by the member, at the member’s expense, in a safe and efficient manner. Such installation and maintenance shall be in accordance with these Rules, and in full compliance with rules and regulations of the state board of health and any other state, federal or local government agency which would have application to such installation and maintenance.

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.

In the event that any loss or damage to the property of the Company or any accident or injury to property or persons is caused by or results from the negligence or wrongful act of the member, his agents, employees or invitees, all damages resulting there from shall be the obligation of the member. The Company shall be indemnified against loss in such event as provided in the water users agreement.

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VII. Extensions to Mains and Services
The Company shall determine when and where to extend its mains and services. Such extensions shall be made either on the Company’s own motion, or upon application by one or more persons seeking membership in the Company. Application forms and requirements for extension shall be supplied by the Company upon request by any interested person.

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VIII. Access to Premises

Employees and agents of the Company shall have access, during normal business 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 service and facilities. They shall have access at any time, in the event of an emergency.

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 any property owned or controlled by the member wherever said permanent easement and right of way is necessary for Company water facilities and, lines to provide service to the member.

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IX. Change of Occupancy and Termination of Service

Not less than one (1) week’s notice must be given in writing, to the Company, to discontinue service or to change occupancy or ownership.

The outgoing member shall be responsible for all charges up to the time specified in the written notice to discontinue service.

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X. Meter Reading - Billing - Collection

Meters will be read and statements rendered monthly. The Company reserves the right to vary the dates or period covered, temporarily or permanently. A separate statement will be rendered for each meter.

Statements for services will be computed, on the basis of the Company’s published rate schedule, on the amount of water used for the period covered by the meter readings. If for any reason a meter cannot be read, or is not properly recording water flow, the statement will be computed on an estimated basis. When a member orders turn-on, the minimum bill to such member shall be equal to not less than the minimum charge for one full month’s service.

Statements are due on the due date indicated on the statements. Members shall have a ten (10) day grace period for payment from such date. Thereafter, the amount due shall be subject to a 10% late charge. If not paid in thirty (30) days from the due date, service may be discontinued.

Failure to receive statements or notices shall not prevent such statements from becoming delinquent nor relieve the member from payment.

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XI. Suspension of Service

Service discontinued for non-payment of charges will be restored only after all delinquent charges are paid in full. In addition, the member shall pay a reconnect fee as set forth in the schedule of fees and charges, for each meter reconnected.

The Company reserves the right to discontinue service without notice for the following reasons:

Fraud or theft; tampering with a meter.

Emergency repairs.

Insufficiency of water supply, act of God or any circumstance beyond the Company’s control.

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XII. Schedule of Fees and Charges
Fees and charges for the various services and requirements of the Company as provided for in these Rules and in the Code of By-Laws and Code of Regulations of the Company, and otherwise, will be established from time to time by the Board of Trustees and will be available to any member upon request at the Company offices. In addition, a copy of the current schedule of fees and charges will be provided each new member at the time the member executes the water users agreement. Members will be notified of changes in the schedule as and when made by the Board of Trustees.

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XIII. Fire Policy

Western Water Company’s water system is not designed or constructed for use as a fire protection system and no member shall rely on said system for fire protection in any manner. The Company will, however, attempt to provide assistance to fire departments, schools and members generally, as provided in paragraphs B through D, below.

The Company, at its cost, will provide two underground hydrants, as approved by Ohio EPA for the purpose of filling fire department tank trucks, to each township within the Company’s service area, at locations to be agreed upon between the Company and each township. A township, in addition, may purchase additional hydrants at the Company’s cost, to be located at agreed upon locations. All such hydrants shall be and remain the property of the Company. Fire departments may, in addition, with devices approved by Ohio EPA, use flush plugs which are located at line ends on the Company’s water system, for the same purpose. The use of all such hydrants shall be limited to filling fire department tank trucks for the sole purpose of fighting fires.

The Company will conduct training programs, periodically, to train fire department personnel in the use of the hydrants, as required by Ohio EPA.

Six-inch above ground hydrants for use in fire suppression may be installed under the following criteria:

The water main to which attached must be at least an eight inch main;

The installation must be designed by the Company’s engineer or engineering firm;

The installation must be approved by Ohio EPA;

If to be installed in a development, all costs, including design and approval costs, will be borne by the developer;

Costs for installation at existing schools will be borne by the Company;

Any other installation meeting the above criteria will be upon written request of the person or entity requesting the installation and the costs will be borne by such person or entity;

All hydrants shall be and remain the property of the Company; all control shall be and remain with the Company; all flushing or flow testing shall be done only by Company personnel.

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XIV. Service for Sprinkler systems

The Company shall provide a special sprinkler supply system to members requesting same under the following conditions:

The system shall include a metered tap with double back-flow protection (check valves) pursuant to the Company’s specifications. Water from this system may be used for a sprinkler system in the event of fire, and for no other use or purpose. There shall be no other service off this tap.

All cost of installation, required testing, repair and maintenance shall be borne by the member. The member will be charged for actual water used for the purpose stated above at a special rate set forth in the schedule of fees and charges. A tap fee will be charged if required, based upon the size of the tap. No minimum monthly charge shall be required for this tap.

The member will be required to enter into a separate agreement for this tap. If an abuse of the Company’s rules occurs regarding this tap, the member will be subject to immediate termination of all service from the Company, and his membership will be cancelled.

If the property serviced by a sprinkler tap and meter is transferred, the transferee must enter into a new agreement with the Company under this rule and pay the transfer fee provided by the schedule of fees and charges.

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XV. Line Relocation Fund
In the event a property owner refuses to grant the Company an easement over a specific property when requested to do so, thereafter no service shall be provided to that property, regardless who the owner is at the time service is requested, unless and until the requesting property owner pays into the line relocation fund, which payment shall be the projected cost at such time to relocate the Company’s main out of the right of way (regardless of whether relocated at that time), as determined by the Company’s engineer, at the time the request for service is made. “Projected cost” shall be based upon the linear footage of road frontage of the subject property. A property owner requesting service who is a bona fide, arms length purchaser of the subject property (other than a developer, and not the refusing property owner, or related to the refusing property owner by blood or marriage) may request, in writing, a waiver of the requirement of this rule. Upon such request, a hearing will be held in accordance with the written policy of the Company (a copy of which will be provided the requesting property owner at the time of filing the written request with the Company).

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