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Terms & Conditions
The following Terms and Conditions are made by the Belfast Water District and
filed with the Maine Public Utilities Commission constitutes a contract between
the customer and the utility. The customer agrees to adhere to these Terms and
Conditions and to take water only for purposes stated in the application and at
the established rates.
SECTION I
GENERAL
Formation and Regulation of the Water District
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, 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.
The Terms and Conditions of the Belfast Water District as outlined herein are a
supplement and/or addition to the Rules and Regulations of the Maine Public
Utilities Commission.
DEFINITIONS
The word “utility” or “district” refers to the Belfast Water District acting
through its Board of Trustees.
The word “customer” means any person, firm, corporation or governmental division
who has applied for and is granted service or who is responsible for payment of
the service.
The word “main” means a water pipe, owned, operated and maintained by the
utility, which is used to transmit or distribute water but is not a water
service pipe.
The words “service pipe” mean the pipe running from the main to the premises of
the customer.
The word “meter” means a mechanical device which is designed to and is capable
of measuring the flow and/or recording the quantity of water passing through a
service to an individual consumer of water.
The words “public way” includes only roads which are accepted city, county or
state ways and are currently being maintained by the city, county or state and
are suitable for the free and unobstructed passage of wheeled motor vehicles and
pedestrians.
The words “main extension” mean an addition to the system of mains to serve one
or more customers.
The words “seasonal customer” is one who regularly takes service for only a
portion of the year from either a summer or year-round service. Except as
provided below, a seasonal customer will be subject to the rules and charges of
seasonal rates in effect. A customer regularly vacating his premises for three
months or less may, however, elect in writing to be classified as an annual
customer subject to normal charges twelve months of the year notwithstanding any
requested temporary suspension of service.
1. JURISDICTION. The water supplied is the sole property of the District and the
installation to and including the meters are therefore assumed to be under
jurisdiction of the District. No person except an employee or those authorized
in writing by the District shall be allowed to install, repair, or remove any
meter, pipe, fixture, or connection on the street side of the meter or
equivalent dividing point.
2. UNAUTHORIZED USE OF WATER. No customer shall supply water to another, nor use
it for any purposes not mentioned in his/her application without prior utility
approval. No person shall obtain water from any hydrant or other fixture of the
utility without prior approval.
3. MAINTENANCE OF PLUMBING. All customers must maintain at their own expense the
plumbing and fixtures within his/her own premises in good repair and protect
them from freezing.
4. NO TAMPERING WITH UTILITY PROPERTY. No person may tamper with utility
property. No valve, shutoff, hydrant or standpipe, which is the property of the
utility, will be opened or closed or otherwise operated by other than persons
authorized by the utility.
5. ACCESS TO PREMISES. Employees of the utility having proper identification
have free access 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 property owner or consumer must keep the meters
accessible for reading and inspection at all times. If there is an obstruction,
the District shall contact the owner in writing to clear the obstruction; if the
obstruction is not cleared, estimated usage charges shall be assessed until the
obstruction is cleared and then a retroactive billing adjustment shall be made
in accordance with Chapter 810.
6. LIABILITY. The District will only be liable for any damages arising from
claims to the extent liability is provided in the Maine Tort Claims Act, as set
forth in Title 14, Chapter 741 of the Maine Revised Statute Annotated. The
utility makes no representations or warranties about the suitability of the
water for any particular purpose.
7. WATER QUALITY. The utility will not be responsible for damage caused by
discolored or unsatisfactory water service which may be occasioned by cleaning
of pipes, reservoirs or standpipes, or the opening or closing of any valves or
hydrants, or any abnormal condition. The utility will not be responsible for
meeting unusually high water quality standards for specialized or industrial
customers.
8. SERVICE INTERRUPTION. For installation and maintenance purposes, the utility
will provide notice of any planned shut-off to affected customers at least
twenty-four (24) hours in advance of the interruption of service. The utility
reserves the right, whenever it deems necessary (for emergency repairs) to
shut-off the water in whole or in part without notice. The utility will give
notice of any unplanned shut-off when practicable. 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 the
customer’s fault. The reduction shall be applied only to the minimum bill. The
District may make this adjustment on the next bill. The District shall assume no
responsibility for damages resulting from such action by the District. The
District reserves the right to restrict or restrain water use consistent with
any policy adopted by the District pursuant to applicable city and state laws
and regulations.
9. METERS. All water sold by the District shall be on the basis of meter
measurement or as otherwise provided for in the District’s rate schedule
whenever deemed expedient by the District.
10. METER LOCATION. All meters shall be set as close as possible to the point of
entrance of the service pipe to the building.
11. WATER METER GROUND VAULTS (BOXES) POLICY. In accordance with Public
Utilities Commission regulations, the customer is responsible for providing a
warm, dry and accessible location for the water meter. If the premises to be
served is located more than two hundred (200) feet from the main or if for other
reasons it is necessary to locate the meter outside the building, the utility
shall require the customer to provide and maintain a suitable underground water
meter vault.
The cost of furnishing and installing the meter vault in accordance with
accepted construction standards shall be borne by the customer. If the customer
prefers, the District will furnish and install the meter vault at the
applicant’s expense or provide advice and inspection for their own contractor.
Since the meter vault is owned by the customer, he/she is responsible for its
replacement, relocation, if required, and maintenance. Protection against
freezing is a customer maintenance responsibility. Since extreme cold weather
may cause the meter or pipes to freeze, proper insulation is important. The
unfrozen ground at the bottom of the meter vault provides a natural heat source;
therefore, the underside of the meter must be left open and insulation should
only be placed on top of the meter and down along the inside wall of the vault a
distance of approximately one foot.
12. METERING POLICY FOR MULTI-UNIT DEVELOPMENTS. This metering policy is for
application to units in multi-unit developments in the District’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 District’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 District
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, corporation or other
responsible entity.
As an exception to this policy, the District will consider, on a case by case
basis, at the request of the owner(s), 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-term use shall have all such sites or units individually
metered.
13. METER TESTING. The utility will test its water meters according to the
schedule and standards in Chapter 620. Upon customer request, the utility will
test the customer’s water meter in the presence of the customer or
representative, at no charge unless the customer requests more than one test in
18 months. 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.
14. SUBMETERING. Additional or auxiliary meters for showing subdivision of water
use must be furnished, installed, read and maintained at the customer’s own
expense.
15. DAMAGES. All damages to meters other than ordinary wear will be charged to
the owner of the premises.
16. INSTALLATION. Meters and outside registers or readers shall be installed and
removed only by authorized District personnel. For new installation 1 1/2”
(inch) in nominal size and larger, the piping and valves shall be arranged in a
manner acceptable to the District.
17. STOP VALVE. Every service must be provided with an operable stop valve
located inside the building near the service entrance, easily accessible, and
protected from freezing. All plumbing must be installed to prevent back-syphonage
and to permit draining whenever necessary.
18. CROSS CONNECTIONS. No cross connection between the public water supply
system and any other supply will be allowed unless properly protected in
accordance with the directives and rules of the State Bureau of Health, and no
new cross connection may be installed without the approval of the Bureau and the
utility. In addition, no connection capable of causing back flow 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 will
be permitted. 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 810 or Chapter 860.
The utility’s cross connection rules are on file at the utility office.
19. FLUCTUATION OF PRESSURES BY CUSTOMER’S APPARATUS. A customer may not install
or use any device which will affect the utility’s pressure, operating conditions
or water quality without prior utility permission. Where a customer has or
proposes to install apparatus which requires water in sudden and/or material
quantities, impairing the pressure to the detriment, danger or disadvantage of
other customers, the utility reserves the right to require such customer to
install devices or apparatus which will confine such fluctuation of demand or
reduction of pressure within reasonable limits determined by the utility.
If the customer, after receiving written notice from the utility, fails to
present an acceptable remedial plan within a time limit set by the utility,
service shall be discontinued pursuant to provisions of the applicable
disconnection rules.
20. SAFEGUARDING DIRECT PRESSURE WATER DEVICES AND SYSTEMS SUPPLIED BY AUTOMATIC
FEED VALVES. Customers must install vacuum, temperature and pressure relief
valves or cutouts to prevent damage to a direct pressure water device,
including, but not limited to hot water tanks or secondary system supplied by an
automatic feed valve or cutouts in the water system and/or secondary system to
prevent damage to the water device or secondary system or their appurtenances
should it become necessary to shut off the water main or service or should an
abnormal pressure or pressure failure occur for any other reason. Water service
supplied to any customer not providing such protective devices will be strictly
at the risk of the customer, and the utility will not be liable for damage
resulting from the lack of or failure of such protective devices.
21. UTILITY JOBBING. A customer must complete a written application before a
utility will provide unregulated utility service. The 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.
22. WINTER CONSTRUCTION. No new service or extension of mains after November 1st
will be installed for the convenience of a customer during winter conditions
which increase the cost of the work for the utility unless the customer assumes
all extra expense over ordinary construction costs.
23. CHARGES FOR FIXTURES. All customers billed on flat rates will be charged for
all fixtures, whether used or not. If a hot and cold water faucet supply the
same fixture, only one faucet will be charged. No water will be furnished for
less than the first faucet rate.
24. ALTERATIONS IN FIXTURES. No customer supplied with water on flat rates may
install any additional fixtures or alter any previously installed fixtures
without first giving written notice to the utility.
25. WASTE OF UNMETERED WATER. Customers on flat rates must prevent all
unnecessary waste of water. Water will not be supplied on flat rates for any
continuous flow device. The utility will decide what constitutes waste or
improper use and will restrict usage when necessary.
26. USE OF HOSE AND LAWN SPRINKLER. For purposes of flat rate billing, a hose is
considered as such when used by hand only. A hose running unattended will be
charged as a sprinkler according to the utility’s rate schedule.
When necessary to conserve the water supply, the utility may restrict or
prohibit the use of hoses and sprinklers for both flat rate and metered
customers.
27. 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.
28. PRIVATE FIRE PROTECTION. Customers requiring private fire protection must
contact the utility to determine the availability of fire service at their
location. Fire service, if available, will be installed at the customer’s
expense within the bounds of the public way or right of way. The fire service
line, after installation, will be owned and maintained in the public way or
right of way by the utility. Ready-to-serve charges for fire services 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.
29. APPLICATION OF SERVICE. 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 35-A M.R.S.A.
Sec. 706(2), Chapter 810, Sec. 9 (1)(2) of the Commission’s Rules, and Section
34 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.
30. SEASONAL CUSTOMER. A seasonal customer regularly takes service for only a
portion 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 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 charges.
31. BILLING PROCEDURES. Annual metered and annual flat rate charges are normally
billed quarterly. The utility does reserve the right to render bills monthly if
it so desires.
Minimum meter charges for annual metered service shall be billed quarterly in
advance and water used in excess of the minimum will be billed at the end of the
billing quarter.
Seasonal minimum meter charges will be billed and due immediately after the
meter is set for the season. Bills for water used in excess of the minimum
amount will 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.
Seasonal flat rate charges will be billed and due immediately after the service
is turned on for the season.
Public and private fire protection charges shall be due and payable in advance,
each year, on a quarterly basis.
All bills shall be payable at the office of the utility or at any designated
collection station. 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.
32. CREDIT AND COLLECTION PROCEDURES. All credit and collection procedures for
residential customers will be based upon Chapters 810 and 870 of the Maine
Public Utilities Commission’s Rules and Regulations. The system may demand a
deposit from any residential customer if it has proof (as defined in the
regulations) that the customer is likely to be a credit risk or will damage the
Company’s property. The amount of a deposit shall not exceed a reasonably
estimated bill for two (2) average billing periods. The interest rate on
customer deposits shall be the rate set from time to time by the Public
Utilities Commission.
All procedures for nonresidential customers will be based upon Chapters 860 and
870 of the Maine Public Utilities Commission’s Rules and Regulations.
33. DISCONNECTION OF LEASED OR RENTED PROPERTY. Before disconnecting a leased or
rented single-meter, multi-unit residential property, the utility shall:
a. Comply with the notice requirements in Chapter 810 of the Maine Public
Utilities Commission Rules and Regulations; and
b. Assess, against the landlord, a collection fee of $75.00 in addition to any
applicable reconnection fee set forth in Section 35 of these Terms and
Conditions; and
c. At the system’s option, the system may separately meter or cause to be
separately metered each dwelling unit within the property at the landlord’s
expense; and
d. Apply any existing deposit to the current account balance; and
e. File a lien authorized by Title 35-A M.R.S.A. Sec. 6111; and
f. Notify the Consumer Assistance Division of the actions taken pursuant to this
Term and Condition and their results.
34. RESTORATION OF SERVICE. The utility will charge a customer a reconnection
fee to restore services at the customer’s premises if service was disconnected
for non-payment of bills, violation of the Terms and Conditions, fraudulent use
of water, dangerous conditions on the customer’s premises, violation of
Commission rules or at the customer’s request.
The reconnection charge is $35.00 for each resumption of service made during the
normal business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday. The
charge during other than normal business hours is $52.50 per hour with a minimum
charge of $52.50.
35. CHARGE FOR ESTABLISHMENT OF SERVICE.
A) The utility will charge an application fee of $15.00 to initiate service.
B) The utility will charge $35.00 to establish water service during the normal
business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday, if it is
necessary for the utility to visit the premises to connect the service. The
charge during other than normal business hours is $52.50 per hour with a minimum
charge of $52.50.
36. 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 or the utility’s reconnection
charge, whichever is less.
37. TERMS OF PAYMENT. All bills are due and payable upon presentation. A late
payment charge will be made on any unpaid balance outstanding after 30 days from
the postmark of any bill. The late payment charge will be the maximum amount
allowed under Chapter 870 of the Maine Public Utilities Rules. Payments may be
made at the office of the utility or at any designated collection station.
Failure of the customer to receive his/her bill does not relieve him/her of the
obligation of its payment nor from the consequences of non-payment.
38. CHARGE FOR RETURNED CHECKS. The utility will charge the customer’s account
for any check returned by the bank for reason of non-payment. The charge is the
greater of $5.00 per check or the amount the bank charges the utility, not to
exceed $15.00. The utility will furnish the customer with proof of any bank
charges in excess of $5.00
39. TRANSFER AND COLLECTION OF UNPAID ACCOUNT BALANCES. When a customer requests
a transfer of service to a new location, the District may without prior notice,
transfer the customer’s current residential account balance to the customer’s
new account.
40. APPEAL TO THE COMMISSION. The Public Utilities Commission will, upon motion
of the utility or customer, interpret the meaning and effect of the provisions
of the Chapter and may, for good cause shown, grant exceptions to these
provisions to prevent undue hardship or injustice or injury to health.
41. CONFIDENTIALITY OF CUSTOMER’S RECORDS. It is the utility’s policy to keep
confidential its customer’s billing and credit history. Information concerning a
customer’s bills, payment records and credit history shall not be released to a
third party without legal process, such as a court order. This policy does not
apply to instances of resolving issues with the Maine Public Utilities
Commission or helping agencies who assist customers in paying outstanding bills.
SECTION II
CUSTOMER SERVICES AND MAIN EXTENSIONS
1. GENERAL
All new water services and main extensions shall be made and located in such a
manner as to provide for the orderly growth and expansion of the water system
and in accordance with Chapters 620 and 650 of the Rules and Regulations of the
Maine Public Utilities Commission.
The District has chosen pursuant to 35-A M.R.S.A., Section 6106, to make no
investment in water main extensions or service lines. The District requires a
person requesting a water main extension or service line to advance to the
District the full cost of construction.
2. SERVICE PIPE
a. LOCATION. Service pipe connections shall normally be made from a main in a
street in front of the property to be served.
b. CONSTRUCTION OF NEW SERVICES. The District will install a service pipe in the
public way at the customer’s expense. At its option the District may perform the
work with its own forces or have the work done by a private contractor. The
applicant shall install the service pipe and appurtenances on the property of
the applicant. All materials and workmanship shall meet the standards and
specifications of the District. The new service pipe shall be left exposed until
the pipe and all joints are inspected by the District.
c. MAINTENANCE OF SERVICES. The service pipe between the main and the curb stop
or shutoff in public ways shall be maintained and repaired by the District
without cost to the customer. The remainder of the service pipe between the curb
stop or shutoff and the meter shall be repaired and maintained by the customer
at the customer’s expense.
d. SINGLE SERVICE. No more than one customer may be served from a service pipe
under the control of a single curb stop or shutoff.
e. CUSTOMER SHUTOFF VALVE. Every service must be provided with a shutoff located
before the meter, easily accessible and located inside the building near the
service entrance. All piping shall be below frost level or otherwise protected
from freezing and shall be arranged as to permit draining whenever necessary.
SECTION II
CUSTOMER SERVICES AND MAIN EXTENSIONS
f. JOINT USE OF SERVICE PIPE TRENCH. No service pipe shall be laid in the same
trench with a gas pipe, sewer pipe, storm drain, electric cable, or any other
facility of public utility. A horizontal separation of ten feet will be
provided. Where crossings are encountered, the installation will be made
according to the District’s Water Main and Service Specifications, adopted July
14, 1986, Section 2, Paragraph 2 (a) and 2 (b).
g. TEMPORARY SERVICES. 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.
h. PERMIT. Prior to making repairs to or altering the service pipe, the owner
shall obtain a permit from the District. In case of an emergency, the repair
work may be done, but the District shall be notified within twenty-four (24)
hours. A permit must be obtained before such emergency work is permanently
backfilled.
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