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Rules
October 1, 1995
Amended November 21, 1996
Amended February 26, 1998
Amended September 23, 1999
Amended January 1, 2002To read a specific rule click on the link below.
Purpose of Western Water Company
Service Application
Minimum Charges / Tap Fee
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
Line Relocation FundI. Pupose of Western Water Company
The sole purpose of Western Water Company is to provide safe drinking water and domestic water service to its member users. Its treatment and distribution systems are designed and constructed to provide that service and no other.
A. 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 and by providing or obtaining a valid easement for installation of water lines as then required by the Company. The new member shall also pay the tap-in fee set forth in the schedule of fees and charges.
B. 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.
C. 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.
D. 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 (or) discontinue service and terminate that member’s membership in the Company. A violation by a member shall constitute a violation of all member user agreements between that member and the Company. No membership shall be reinstated, no meter shall be reinstalled or service reinstated, until the former member (or a new member) signs a new water users agreement for all locations owned by such member, pays all outstanding charges and amounts due and owing the Company, the membership fee or fees (which shall be payable regardless of Rule III.D.) and reinstallation charge or charges provided for in the schedule of fees and charges.
E. 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.
F. 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.
III. Minimum Charges / Tap FeeA. The flat, minimum monthly rate, as established in the schedule of fees and charges will be payable each month regardless of the amount of water used by the member during that month.
B. 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.
C. Each member’s service must be separately metered at a single delivery and metering point. The size of tap and meter required will depend upon the proposed use and need for water by the member. The member shall submit his or her specifications for use to the Company, who shall determine the size tap and meter to be installed and shall provide the member with the limits of service available from such tap and meter. If the member subsequently changes use, he or she shall submit the new specifications to the Company for redetermination of size of tap and meter.
D. If a member adds or permits an additional user, the member shall comply with paragraph C., above.
E. 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.
F. 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 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.
IV. Company’s ResponsibilityA. 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.
B. 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.
C. 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.
V. Company’s LiabilityA. The Company shall inspect the installation of the member’s service lines and apparatus solely to insure compliance with the Company’s installation instructions. The Company, however, assumes no responsibility or liability for such service lines or apparatus.
B. 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.
VI. Member’s ResponsibilityA. Service lines must be so installed that the meters are located where required by the Company’s installation instructions.
B. 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 the Company’s installation instructions. Such installation and maintenance shall be 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.
C. The member shall guarantee roper protection for the Company’s employees, agents and representatives, and property placed on the member’s premises and shall permit access to it only by authorized representatives of the Company. Failure to provide such protection shall subject the member user to the provisions of Rule II. D., above.
D. In the event that any loss or damage to employees, agents or representatives, or the property of the Company, including meters, meter boxes and appurtenances, mains, 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 therefrom shall be the obligation of the member. The Company shall be indemnified against loss in such event as provided in the water users agreement.
VII. Extensions to Mains and ServicesThe 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.
VIII. Access to PremisesA. Employees, agents and representatives 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.
B. If any employee, agent or representative of the Company is threatened by an unrestrained animal or fowl on the member’s premises, or if the member directly or indirectly obstructs access to the meter, that member shall take the necessary action to remove or restrain the animal or fowl, or to remove the obstruction. Until such time, that member’s meter reading shall be estimated monthly, at the highest reading during the prior 12 month period. The Company may, at its option, proceed under the provisions of Rule VI. C., above.
C. 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.
IX. Change of Occupancy and Termination of ServiceA. Not less than one (1) week’s notice must be given in writing, to the Company, to discontinue service or to change ownership.
B. The outgoing member shall be responsible for all charges up to the time specified in the written notice to discontinue service.
X. Meter Reading - Billing - CollectionA. 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.
B. Statements for services, which shall include all charges and fees then due and owing from a member, will be computed, on the basis of the Company’s schedule of fees and charges, on the amount of water used for the period covered by the meter readings and any other fees or charges due and owing from the member. If for any reason a meter cannot be read, other than as provided in Rule VIII. B., above, or is not properly recording water flow, charges for water service 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.
C. 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 late charge as set forth in the schedule of fees and charges. If not paid in thirty (30) days from the due date, service may be discontinued.
D. Failure to receive statements or notices shall not prevent such statements from becoming delinquent nor relieve the member from payment.
XI. Suspension of ServiceService 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.
B. The Company reserves the right to discontinue service without notice for the following reasons:
1. Fraud or theft; tampering with a meter, in which event, membership shall be terminated as well.
2. Emergency repairs.
3. Insufficiency of water supply, act of God or any circumstance beyond the Company’s control.control.
XII. Schedule of Fees and ChargesFees 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.
XIII. Fire PolicyA. 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.
B. Township fire departments may, with devices approved by Ohio EPA, use underground flush plugs equipped with appropriate quick connect devices, which are located on the Company’s water system, for the limited purpose of filling fire department tank trucks solely for fighting fires. The cost of water used for such purpose shall be borne by the Company.
C. The Company will conduct training programs, periodically, to train fire department personnel in the use of the underground flush plugs, as required by Ohio EPA..
XIV. Line Relocation FundIn 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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