SECTION I
GENERAL

1. UTILITY SERVICE AREA. The Belfast Water District was created in 1919 by an act of the State Legislature, for the purpose of operating a community supply of water and providing the City of Belfast with such water for the promotion of the general health and welfare. To carry out this purpose, the District acquired controls and maintains property (lands, structures, wells, and apparatus); employs personnel for the superintendence, maintenance, extensions of such works and structures and the collection of revenues sufficient for its needs. Under the terms of the Charter a Board of Trustees, appointed by the Belfast City Council, is responsible for the overall management and general supervision of the District. The Belfast Water District is an independent quasi-municipal organization and depends on revenue from the system users for its operation and maintenance.

2. APPLICATION FOR SERVICE INSTALLATION. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, the owner or the owner's agent, or the occupant of the establishment to be served may apply for service on forms provided by the Utility. If seasonal rental property, only the property owner may be an applicant for service. Any tenant may become a Customer if the tenant assumes responsibility for future service under the conditions set forth in Title 35-A MRSA §706(2), Chapter 660, Sec. 10(I)(2) of the Commission’s Rules and Regulations, and under Section 11 below. If a new service connection or other work on the establishment is required, the owner must authorize the Utility to enter the premises to do the necessary work.

3. SEASONAL CUSTOMER. A seasonal Customer regularly takes service for only part of the year from either a summer or year-round main. A seasonal Customer will be subject to the rules and charges of seasonal rates, if in effect, or of annual rates, if seasonal rates are not in effect. A Customer regularly vacating the premises for three months or less may elect in writing to be classified as an annual Customer subject to annual rules and charges.

4. BILLING PROCEDURES. Annual minimum meter charges, and water used in excess of the minimum for annual metered service shall be billed quarterly in arrears at the end of the billing quarter. The Utility reserves the right to render bills monthly in arrears if it so desires.

Seasonal minimum meter charges will be billed immediately after the meter is set for the season. Bills for water used in excess of the minimum shall be billed immediately after the final reading for the season. The Utility reserves the right to render bills quarterly for excess water used by seasonal Customers.

Public and private fire protection charges will be billed in advance each year on a quarterly basis.
 

Pro-ration of bills - initial and final bills will be pro-rated against Belfast Water District's approved tariffs and the number of service days in the billing period.

Bills may be paid by any Utility-approved payment method, including but not limited to by mail or in person and must be received at the office of the Utility. Online payments may be made on the Utility website by electronic check for a $0.40 cents convenience fee or by credit/debit card for a $2.95 convenience fee which is charged by the vendor, but is not included in your bill. Failure of the Customer to receive his/her bill does not relieve him/her of the obligation of its payment nor for the consequences of non-payment.

5. CREDIT AND COLLECTION PROCEDURES. All credit and collection procedures for both residential and nonresidential Customers will be based upon Chapter 660 and Chapter 870 of the Commission’s Rules and Regulations. The Utility may demand a deposit from a Customer as permitted by Chapter 660. Pursuant to Chapter 870, the interest rate on Customer deposits shall be the rate set from time to time by the Commission.

6. TERMS OF PAYMENT. Customers are legally obligated to pay for the services they receive. Bills are payable upon being issued. Failure of the Customer to receive his/her bill does not relieve him/her of the obligation of payment for services received nor for the consequences of non-payment. The due date for payment, in order to avoid the incurrence of late fees or the initiation of collection action will be no less than 25 days after the bill is mailed or hand delivered. The late payment charge for overdue bills will be no more than the maximum amount allowed under Chapter 870 of the Commission’s Rules and Regulations, to be determined annually.

7. TRANSFER AND COLLECTION OF UNPAID ACCOUNT BALANCES. When a Customer requests a transfer of service to a new location, the Utility may without prior notice, transfer the Customer’s current account balance to the Customer’s new account.

8. CUSTOMER PRIVACY. Except as provided in Chapter 660 of the Commission’s Rules and Regulations, it is the Utility’s policy to keep confidential its Customer’s billing and credit history.

9. CHARGE FOR RETURNED CHECKS. As provided in Chapter 870 of the Commission’s Rules and Regulations, the Utility may charge the greater of $5.00 per account to which the check is applied or the amount the bank charges the Utility, not to exceed $15.00 for each check returned for nonpayment by a bank. If the Utility charges more than $5.00, the Utility shall furnish the customer with proof of the bank charge.

10. CHARGES FOR ESTABLISHMENT OF SERVICE. The Customer is required to complete an application form to establish service and pay an application fee of $15.00. If it is necessary for the Utility to visit the premises to connect the service, in addition to the application fee, the Utility will charge $35.00 during the normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday. During holidays and other than normal business hours, the charge will be $52.50. During winter conditions from December 15th thru March 31st the Utility will charge $55.00 during the normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday. During holidays and other than normal business hours, the charge will be $82.50.

11. CHARGES FOR RESTORATION/RECONNECTION OF SERVICE. The Utility will charge a Customer a reconnection fee for restoration of service at the Customer’s premises if service was disconnected for any reason allowable under Chapter 660 of the Commission’s Rules and Regulations, including but not limited to at the Customer’s request.

A. The reconnection fee for restoration of service, other than Customer request, the charge will be $60.00 during the normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday. During holidays and other than normal business hours, the charge will be $90.00. During winter conditions from December 15th thru March 31st the charge will be $90.00 during the normal business hours of 7:00 a.m. to 3:30 p.m. Monday through Friday. During holidays and other than normal business hours, the charge will be $135.00

B. At the customer’s request, the charge will be $35.00 to turn on the service or turn off the service during the normal business hours of 7:00 a.m. to 3:30 p.m. Monday through Friday. During holidays and other than normal business hours, the charge will be $52.50. During winter conditions from December 15th thru March 31st the charge will be $55.00 during the normal business hours of 7:00 a.m. to 3:30 p.m. Monday through Friday. During holidays and other than normal business hours, the charge will be $82.50.

12. COLLECTION TRIP FEE. If Utility personnel visit the Customer’s premises to disconnect service for non-payment and in lieu of actual disconnection the Customer pays or makes a payment arrangement for the entire past due balance, the Utility will charge a collection fee of $30.00, as permitted in Chapter 660 of the Commission’s Rules and Regulations.

13. DISCONNECTION OF LEASED OR RENTED RESIDENTIAL PROPERTY. Before disconnecting a leased or rented residential property, the Utility shall:

A. Comply with the notice requirements contained in Chapter 660 of the Commission’s Rules and Regulations.

Pursuant to Chapter 660, in addition to the above, before disconnecting a leased or rented single-meter, multi-unit residential property, the Utility shall:

B. Apply any existing deposit to the current account balance, and

C. Assess, against the landlord, a collection fee of $125.00 in addition to any applicable reconnection fee set forth in Section 12, A. of these Terms and Conditions, and In addition, at its discretion, the Utility may separately meter or cause to be separately metered, at the landlord’s expense, each dwelling unit within the property.

14. UNAUTHORIZED USE OF WATER. No Customer shall supply water to another nor use it for any purposes not mentioned in his/her application without District approval. No Customer or his agent shall obtain water from any hydrant or other fixture of the District without the previous consent of the Utility. No Customer or his agent shall bypass any meter, nor restore service without Utility authorization, nor unreasonably interfere with Utility service nor otherwise take action to prevent the proper metering of water consumed by the Customer. In the event of the discovery of such unauthorized use of water, the Customer shall be immediately disconnected, pursuant to Chapter 660. In addition, the Utility shall be entitled to bill and recover from the Customer or responsible person the cost of the estimated amount of water consumed, based on the Utility’s approved rates, plus interest at an annual rate of 5%. Where the unauthorized use of water has occurred, the Utility may also assess the Customer or responsible person a fee of $45.00 per hour, with a minimum of one hour, for each service visit to the Customer’s premises necessary to investigate and address the unauthorized use of water, including removing the meter bypass, taking measures to prevent further diversion of water, and verifying that corrective measures have been taken and maintained. For service visits that occur during other than normal business hours, the fee will be $67.50 per hour with a minimum two hour charge. In no case shall the total of such hourly fees exceed $100.00. In addition, pursuant to Title 35-A MRSA §2706 as amended or replaced, the Customer or person responsible for the unauthorized use may be liable in a civil action to the Utility for all other reasonable costs to the Utility, including attorney’s fees, costs of undertaking and completing the investigation resulting in the determination of liability, and for a civil penalty not to exceed twenty five hundred dollars ($2,500.00), due and payable to the District for each violation.

15. NO TAMPERING WITH UTILITY PROPERTY. No person may tamper with Utility property. No valve, valve sealing mechanism, meter, shutoff, hydrant or standpipe that is the property of the Utility shall be opened or closed or otherwise operated, modified, or removed by other than persons authorized by the Utility. Tampering will subject a Customer or other responsible party to the same charges and actions outlined in Section 15, entitled Unauthorized Use of Water. In addition, in the event of such tampering, the responsible party may be subject to a civil action, pursuant to Title 35-A MRSA §2707, as amended or replaced.

16. MAINTENANCE OF PLUMBING. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, a Customer must maintain the plumbing and fixtures within his/her own premises in good repair and protect them from freezing or from heat damage. If damage does occur, the Customer is liable for any expenses incurred.

17. ACCESS TO PREMISES. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, as a condition of service, Customers shall provide access for Utility employees with proper identification, to all premises supplied with water, at all reasonable hours, to permit the inspection of plumbing and fixtures; to set, remove or read meters, to ascertain the amount of water used and manner of use, and to enforce these Terms and Conditions. The Customer must keep the meters accessible for reading and inspection at all times. If there is an obstruction, the Utility shall contact the Customer in writing to clear the obstruction; if the obstruction is not cleared, estimated charges shall be assessed until the obstruction is cleared and then a retroactive billing adjustment shall be made in accordance with Chapter 660.

18. LIABILITY. The Utility will only be liable for any damages arising from claims to the extent liability is expressly provided in the Maine Tort Claims Act, as set forth in Title 14 MRSA, Chapter 741. The Utility will not be responsible for any damages caused by discolored water for any reason, and makes no representations or warranties, expressed or implied, about the suitability of any water provided by the Utility for any particular purpose.

19. SERVICE INTERRUPTION. As specified in Chapter 660 of the Commission’s Rules and Regulations, the Utility will provide reasonable notice of any planned shut-off to affected Customers. If the interruption is expected to last more than 5 hours or to affect more than 10 Customers or a single commercial Customer on a dedicated line, notice will be given at least twenty-four hours in advance of the interruption of service. The Utility will notify the Customers when practicable of the cause and duration of any unplanned shut-off. Pursuant to Chapter 620, if a Customer requests, the Utility will make a pro rata reduction in the Customer’s minimum bill if service is interrupted for longer than forty-eight hours and the interruption is not due to negligence or improper care of equipment by the Customer.

20. WINTER CONSTRUCTION. No new Service Lines or extension of Mains will be installed, after November 1st, for the convenience of a Customer that increases the cost of the work for the Utility unless the Customer assumes all extra expenses over ordinary construction costs.

21. STOP VALVE. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, every service must be provided with a minimum of one operable stop valve located inside the building near the service entrance before the meter, easily accessible, and protected from freezing. All plumbing must be installed to comply with applicable plumbing codes, to prevent back-syphonage and to permit draining whenever necessary.

22. CROSS CONNECTIONS. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, no cross connection between the public water supply system and any other supply will be allowed unless properly protected, based upon the Maine Cross Connection Control Rules and the Maine Internal Plumbing Code. No new cross connection may be installed without the express, written approval of the Utility. In addition, no connection will be permitted capable of causing back flow, including back siphonage or back pressure, between the public water supply system and any plumbing fixture, device or appliance, or between any waste outlet or pipe having direct connection to waste drains. If the owner of such a connection fails or refuses to break or properly protect the connection within a time limit specified by the Utility, the Utility may disconnect the service according to Chapter 660 of the Commission’s Rules and Regulations. The Utility’s Cross Connection Control Program is on file at the Utility office.

23. FLUCTUATION OF PRESSURES BY CUSTOMER’S APPARATUS. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, Customers may not install or use any device that will affect the Utility’s pressure or water quality without prior Utility written permission.

24. SAFEGUARDING DIRECT PRESSURE WATER DEVICES AND SYSTEMS SUPPLIED BY AUTOMATIC FEED VALVES. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, Customers must install vacuum, temperature and pressure relief valves or cutouts to prevent damage to a direct pressure water device or secondary system supplied by an automatic feed valve.

25. JOINT USE OF SERVICE PIPE TRENCH. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, normally, water Service Pipes will not be placed in the same trench with other Utility facilities. A horizontal separation of ten feet will be provided from the Main to the curb stop shut off valve. Where extenuating, unusual or special circumstances are encountered on the Service Line after the curb stop shut off valve to the building, a lesser separation or joint use of trench may be allowed if all parties agree, provided that the installation complies with all applicable laws, rules and regulations.

26. CONSERVATION. All Customers must prevent unnecessary waste of water. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, in the event of an emergency or when otherwise necessary to conserve the water supply, the Utility may restrict or prohibit waste or improper usage as determined by the Utility, including but not limited to the use of hoses and lawn sprinklers.

27. METERING AND NEW SERVICE LINE AND MAIN EXTENSION POLICIES.

A. Separate Metering of Buildings. No Customer shall supply water to another, nor use it for purposes not mentioned in his/her application without prior written Utility approval. At its discretion, the Utility reserves the right to require separate piping and a separate meter and shut-off for each building as a condition of service.

B. Metering Policy for Multi-Unit Developments. This metering policy is for application to units in multi-unit developments in the Utility’s service territory. With the specific exception of hotels and motels and as otherwise specifically excluded herein, this policy applies to all multi-unit developments, including condominiums, apartments, mobile home parks, cottages, commercial and retail units and other similar units within residential and commercial developments. This policy also applies to all conversions of an existing building or buildings to multi-unit residential or commercial developments. The purpose of this policy is to promote water conservation, to bill customers based upon their individual water usage and to ensure fairness in collections. The Utility’s policy is to require that each residential or commercial unit in a multi-unit development be individually metered, including units in a single building and units in multiple buildings in a larger development. In most cases the water service shall remain private and it shall be owned and maintained by the owner of the multi-unit development complex or building, or in the case of a condominium development by the condominium association. Design and construction of the system, including the sizing, location and installation of meters, associated valves and backflow prevention devices shall comply with all the Utility’s specifications and construction standards. In the case of multi-unit time-share developments, each unit shall be individually metered, but all meters within the same time-share development complex shall be billed to the complex owners, association, corporations or other responsible entity. As an exception to this policy, the Utility will consider, on a case by case basis, at the request of the Customer the master metering of multi-unit or multi-site campgrounds and RV parks that are principally used by transient campers or guests utilizing mobile tents, campers, recreational vehicles, motor homes or similar equipment that is easily moved from a site and is not designed or used for long-term use at a single site. Campgrounds and RV parks that are master metered and subsequently add or convert individual sites or units to non-transient or long-terms use shall have all such sites or units individually metered.

C. Submetering. Additional or auxiliary meters for showing subdivision of water use must be furnished, installed, read and maintained at the Customer’s own expense.

D. Charges for Repair or Replacement of Damaged Water Meters and Other Utility Equipment. Pursuant to Chapter 620 of the Commission’s Rules and Regulations, the charges to Customers for costs incurred for the repair or replacement of meter(s) or other utility equipment damaged due to improper care or negligence by Customers are as follows: During the normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday, the charge will be $45.00 per hour, with a minimum charge of one hour, plus the cost of the necessary replacement parts, including the meter. During holidays and other than normal business hours, the charge will be $67.50, plus the cost of the necessary replacement parts, including the meter.

E. Meter Pits. The Utility reserves the right to require a meter pit, at the Customer’s expense, if the premises to be served is located more than two hundred (200) feet from the main, or the Customer does not provide a clean, warm, dry and accessible location for the meter and its appurtenances, The Utility will perform the work during the normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday, at a charge of $ 45.00 per man-hour of labor, plus the cost of the necessary materials and equipment rental, if applicable. The Customer will pay a deposit in advance to cover the estimated charge. The Utility will return any excess deposit upon completion. If the final cost exceeds the deposit, the Customer must pay the balance due as a condition of service. Since the meter pit is owned by the Customer, he/she is responsible for the replacement, relocation if required and maintenance. Protection against freezing is a Customer maintenance responsibility.

F. Meter Testing. The Utility will test its water meters according to the schedule and standards in Chapter 620 of the Commission’s Rules and Regulations. Upon Customer request, the Utility will test the Customer’s water meter at no charge in the presence of the Customer or representative, unless the Customer requests more than one test in an 18-month period. If the Customer requests a test more frequently, the Utility may require the Customer to pay a deposit to cover the cost of the test. If a meter tested at the Customer’s request does not conform to standards, the Customer’s deposit will be refunded and the Utility will adjust the Customer’s bill according to the provisions of Chapter 620. If the meter conforms to standards, the Utility may keep the Customer’s deposit and continue to use the meter at the Customer’s premises.

G. New Service Lines and Meters. As permitted in Title 35-A MRSA §6106, and Chapters 620 and 660 of the Commission’s Rules and Regulations, each applicant for a new water service will be responsible for the costs of the entire Service Line, including permits for opening the pavement or boring across the road, if applicable, equipment rental, labor and materials and necessary appurtenances for installation, including the meter.

The Customer will be responsible for contracting the installation of the Service Line from the curb box or shut off valve into the building and for obtaining the Utility’s written approval for the work. The Service Line location will be set by the Utility, and must be installed to applicable plumbing codes and to the Utility’s standards and specifications, which are available at the Utility office. Only Utility approved materials may be used. The Utility reserves the right to inspect the materials and installation and must be notified before they are buried or enclosed. All contractor charges will be paid by the Customer directly to the Contractor. If a site visit has been scheduled, and if the Utility must later return to the premises due to inadequate preparation by the Customer or Contractor or lack of adherence to the specifications, the Customer will be responsible for the cost of the extra visit(s).

The Utility will be responsible for installing the Service Line from the Main to the curb box or shut off valve, including excavation, tapping the Main, and installing the meter and other appurtenances. At its discretion, the Utility may subcontract out any part of this installation. The work will be available during the regular business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday. The costs to the Customer for the Utility installed/subcontracted Service Line located from the Main to the curb box or shut-off valve and appurtenances are as follows:

A charge of $45.00 per man-hour to install the Service Line from the Main to the curb box or shut-off valve of the above-described installation done by the Utility, and for the inspection and approval of contracted work.

Costs of the necessary materials, parts, equipment and equipment rental, if applicable, including the cost of the meter.

Utility contractor charges for piping across the road, which may consist of either boring across the road or opening the road, plus additional costs, including but not limited to digging, permits, and flagging, charged as required by the situation.

A written estimate will be provided to the Customer for the cost to install the Service Line from the Main to the curb box or shut off valve and a deposit equal to the estimate will be collected prior to the Utility performing the work. As a Condition of Service, the balance of the costs will be payable as per the written agreement between the Utility and the Customer.

H. Location of Service Pipe - The service pipe connections shall normally be made from a main in a street in front of the property to be served.

I. Single Service - No more than one Customer may be served from a service pipe under the control of a single curb box or shutoff valve.

J. Maintenance of the Service Pipe - The service pipe between the main and the curb box or shutoff valve in public ways shall be maintained and repaired by the Utility without cost to the Customer. The remainder of the service pipe between the curb box or shutoff valve and the meter shall be repaired and maintained by the Customer at the Customer’s expense.

K. Temporary Service - A temporary service is one installed to a building or trailer, not placed on a permanent foundation, or to a garden or for temporary use. The entire cost of installation shall be at the Customer’s expense.

L. Permit for Repairs - Prior to making repairs to or altering the service pipe, the Customer shall obtain a permit from the Utility. In case of an emergency, the repair work may be done, but the Utility shall be notified within twenty-four (24) hours. A permit must be obtained before such emergency work is permanently backfilled.

M. New Meters. As permitted in Title 35-A MRSA §6106, and Chapter 650 of the Commission’s Rules and Regulations the Customer is responsible for the cost of the meter. The cost of the meter is included in the cost of the new service installation. All meters shall be set as close as possible to the point of entrance of the service pipe to the building. All water sold by the Utility shall be on the basis of meter measurement or as otherwise provided for in the Utility’s rate schedule whenever deemed expedient by the Utility. Meters and outside registers or readers shall be installed and removed only by authorized Utility personnel.

N. Extensions of Mains. All requests for water main extensions shall be at the Customers expense, as permitted in Title 35-A MRSA §6106. The Utility will prepare an estimate of actual costs to the Customer for the extension, including the cost of the estimate itself. If the Customer proceeds with the construction a deposit equal to the estimate will be collected prior to the Utility performing the work. A final reconciliation of the job costs will be done upon completion, and if applicable, the Utility will return any excess deposit at that time. If the final cost exceeds the deposit, the Customer must pay the additional amount upon completion as a condition of service. Main extension work may be performed by a Utility approved contractor and installed to the Utility’s standards and specifications, which are available at the Utility office.

28. UTILITY JOBBING. A Customer must complete a written application before a Utility will provide unregulated Utility service. As permitted in Chapter 620 of the Commission’s Rules and Regulations, a Customer must pay a deposit equal to the Utility’s written estimate. Unless the work is done on a flat rate basis, the Utility will return any excess deposit upon completion. If the final cost exceeds the deposit, the Customer must pay the additional amount upon completion.

29. FIRE HYDRANTS. Fire hydrants may not be used for any purpose other than to extinguish fires unless prior permission is given by the Utility. Fire hydrants must not be opened by any person other than an agent of the Utility or a duly authorized representative of the municipality or the owner.

30. CHARGE FOR FIRE HYDRANT FLOW TESTING. The charge to perform hydrant flow testing will be billed to the requesting party at the following rates: $75.00 for the first flow test and $40.00 for each additional flow test during normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday, plus the cost of the water. No hydrant flow testing will be performed during winter conditions from December 15th through March 31st.

31. PRIVATE FIRE PROTECTION. Customers requiring private fire protection must contact the Utility to determine the availability of fire service at their location. If available, the fire service line will be installed at the Customer’s expense within the bounds of the public way or right of way; after installation, the line will be owned and maintained in the public way or right of way by the Utility, as specified in Chapter 640 of the Commission’s Rules and Regulations. Private fire protection charges are billed quarterly. The Utility does not guarantee any quantity of water or pressure available through a fire protection service. The owner of the service shall determine, from time to time, the adequacy of supply through the fire service by conducting tests of his private system. Timely notice must be given to the Utility so a representative of the Utility can be present to observe the test.

 

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