6 WATER SERVICE REGULATIONS

6.1 The following terms whenever used in these policies, the District’s rate schedules, and in any application or contract for water service, shall have the following meaning and intent, the plurals shall include the singular and the singular shall include the plural, and masculine and feminine and neuter shall be used interchangeably.

6.1.1 APPLICANT: Applicant shall mean one who makes a written or oral application to the District for District action.

6.1.2 BOARD:  Board shall mean the Board of Commissioners of the District.

6.1.3 BACKFLOW:  Backflow shall mean the flow other than the intended direction of flow, of any foreign liquids, gases or substances into the District’s system.

6.1.4 BACKFLOW PREVENTION DEVICES:  Backflow prevention devices shall mean a device approved by the State of Washington, Department of Health, or other such State Department as shall have such jurisdiction over the subject matter, and by the American Water Works Association, used to counteract back pressure or prevent back siphonage into the distribution system of a public water supply.

6.1.5 BACK PRESSURE:  Back pressure shall mean backflow caused by a pump, elevated tank, boiler, or other means that could create pressure within the system greater than the supply system.

6.1.6 BACK SIPHONAGE:  Back siphonage shall mean a form of backflow due to a negative or sub-atmospheric pressure within the system.

6.1.7 CROSS CONNECTION:  Cross connection shall mean any physical arrangement whereby the District’s system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the District’s system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which, or because of which, backflow could occur are considered to be cross connections.

6.1.8 CUSTOMER:  Customer shall mean any individual, firm or organization that purchases water service from the District.

6.1.9 CUSTOMER’S ACCOUNT:  Customer’s account shall mean any obligation of a customer to the District, which is due and payable.

6.1.10 DISCONNECTION: Full disconnection of water service.

6.1.11 DISTRICT:  District shall mean the Juniper Beach Water District, Island County, Washington.

6.1.12 DISTRICT STANDARD PRACTICES:  District standard practices shall mean those practices set forth in the American Water Works Association, Pipe and Tank Manual of Standards, as amended, until such time as the District has prepared a meters, pipe and tank manual of standards.  District standard practices shall mean those practices set forth in that manual as amended.

6.1.13 MAIL: United States Postal Service.

6.1.14 MAINS:  Mains shall mean water mains owned by the District, designed or used to supply more than one premise.

6.1.15 PARTIAL DISCONNECTION: Restriction of water flow by a device when required by State or County regulations.

6.1.16 POINT OF DELIVERY:  Point of delivery shall mean that point, usually on the property line of the customer’s premises and adjacent to the District’s meter, (or other agreed point) where the customer’s service line is connected to the District’s water supply.

6.1.17 PREMISES:  Premises shall mean a parcel of real estate, house or building and its land, used for home or business under the ownership and a single control with the respect to the use of water, and the responsibility for payment therefore.

6.1.18 REGULATIONS:  Regulations shall mean these water service regulations.

6.1.19 SERVICE INSTALLATION:  Service installation shall mean all pipe and fittings from a water main to and including a water meter assembly.

6.1.20 SERVICE LINE:  Service line shall mean all piping and fittings from a water meter assembly at the point of delivery to the water shut-off valve at the structure located on the customer’s premises.

6.1.21 SYSTEM:  System shall mean all water source and supply facilities, transmission, pipelines, storage facilities, pumping plants, distribution mains and appurtenances, vehicles, materials, storage facilities and buildings owned or hereafter acquired by the District.

6.1.22 TEMPORARY SERVICES:  Temporary services shall mean water service, which is of limited duration and not expected to be permanent.

6.1.23 WATER CONSUMPTION:  Water consumption shall mean water consumed by a customer.

6.1.24 WATER SERVICE:  Water service shall mean the availability of water at a point of delivery for use by the customer, irrespective of whether the water is actually used.

6.2 SCOPE

6.2.1 In addition to being an administrative code for the District regulating applications and contracts for water service; water use and use of District property; connections and disconnections of water service; billings, adjustments of billings, payment of billings; action taken on delinquent accounts; disconnection of water service for non-payment; collection of unpaid accounts; and line extensions; these Regulations are a part of all written contracts for furnishing and receiving water service. A copy of these Regulations can be inspected upon request.

6.3 MAILINGS AND RECEIVING DISTRICT COMMUNICATIONS

6.3.1 All correspondence, bills and notices relating to items covered by these Regulations shall be sent by United States Postal Service mail except where specifically specified otherwise.  The placing of any item in the mail with postage prepaid shall constitute that item’s delivery to its addressee as of the date of the postmark. Also, such communications may be delivered personally.

6.4 REVISIONS

6.4.1 These Regulations may be revised, supplemented, or otherwise modified only by action of the Board.

6.5 CONFLICT

6.5.1 In case of conflict between any rate schedule or special contract and these Regulations, the provisions of the rate schedule or special contract shall apply.

6.6 COMPLIANCE WITH REGULATIONS, RULES AND STANDARDS

6.6.1 Juniper Beach Water District operates within the powers and standards established with the Revised Code of Washington (RCW) and Washington Administration Code (WAC), as well as those standards, rules and regulations established by Island County, Washington.  The Juniper Beach Water District’s Board Policies and Water Regulations are developed in compliance with the United States Environmental Protection Agency’s Safe Drinking Water Act.

6.7 VIOLATIONS

6.7.1 Any violation of these Regulations, District Resolutions or laws of the State of Washington, if criminal, shall be referred to the Island County Prosecutor and if Civil shall be pursued by the District.

6.8 DISCLAMER, EXCLUSION OF WARRANTS AND LIMITATIONS, AND EXCLUSION OF DAMAGES

6.8.1 The District cannot and does not guarantee any minimum quantities of water or pressure of the water to be furnished to any water service, outlet or other service installation nor to any customer or any other user of the District’s system or consumer of water supplied by the District. In case the of the supply of water by the District shall be interrupted or fail by reason of accident or any other cause whatsoever, the District shall not be liable for damage for such interruption or failure, nor shall such interruption or failure be held to constitute a breach of contract on the part of the District or in any way relieve the customer from performing the obligation of the contract with the District.

6.8.2 The quality and pressure of water supplied by the District are supplied ‘as is’ and ‘with all faults’.  There are no warranties of fitness or merchantability, express or implied, with respect to the quality and pressure of water supplied by the District.

6.8.3 All incidental damages incurred by a customer as a result of the interruption or failure of the quantity, quality or pressure of water supplied by the District are hereby limited to $50.00 and all consequential damages incurred are hereby excluded.

6.9 APPLICATION AND CONTRACT FOR WATER SERVICE

6.9.1 General: Any individual, firm or organization desiring to purchase water from the District shall make application therefore, upon a form to be furnished for the purpose, entitled ‘Application for Water Service’.  This is an application and contract with Juniper Beach Water District for the purpose of obtaining water service.  This shall be signed by the applicant and filed with the District. Upon the District’s acceptance of the application, an implied contract shall be formed between the District and the customer/applicant. These Policies and Water Service Regulations and the District’s water rate schedules shall be a part of that implied contract, and as a term of that contract, the customer expressly grants to the District the right to change the rates set forth in its rate schedule and agrees to pay these rates as they are changed.

6.9.2 APPLICATIONS FOR RESIDENTIAL WATER SERVICE

6.9.2.1 All applications for residential water service shall show:

6.9.2.1.1 The website and mailing address of the District.

6.9.2.1.2 The legal name and mailing address of the owner of the premises for which water service is being applied.

6.9.2.1.3 A valid email address for the customer.

6.9.2.1.4 The Property ID and Geographic ID of the premise for which water service is being sought, according to Island County Assessor & Treasurer records.

6.9.2.1.5 The official house number assigned to the premise and the name of the street upon which the premise is or is to be located.

6.9.2.1.6 The purpose for which the water is to be used.

6.9.2.1.7 The number of living units within the premise to be supplied with water service. 

6.9.2.1.8 The signature of the legal owner and date of signature. 

6.10 WATER USE AND USE OF DISTRICT PROPERTY

6.10.1 CUSTOMER’S RESPONSIBILITY FOR DISTRICT’S PROPERTY

6.10.1.1 The customer shall provide space for and exercise proper care to protect the District’s property on his premises. This shall include meters, meter pits, meter boxes, fittings, pipes and other facilities installed by and remaining the property of the District. In the event of loss or damage to the District’s property because of the customer’s negligence or abuse, the customer will be required to pay the cost of repairs or replacement.

6.11 SYSTEM DISTURBANCES

6.11.1 Water service shall not be utilized in such a manner as to cause severe disturbance or pressure fluctuation to other customers of the District.

6.11.2 The District reserves the right to refuse to provide water service to any applicant therefore and to disconnect pursuant to these Regulations, the water service of any customer of the District, when such water service would or does interfere with the District’s service to its other customers, cause abnormal demands on the District’s system, result In financial loss to the District, be discriminatory, or when the applicant or customer has not complied with these Regulations.

6.11.3 Whenever or wherever the District finds that protective devices are necessary to protect a customer’s property, the property of other customers, or the property of the District, the District shall require the installation and maintenance of such devices to be paid for by the customer whose water service creates the need for such protective devices.

6.11.4 Where equipment causing violent fluctuations in water demand or is to be used by customer and the District determines that such fluctuations may be detrimental to the service of other customers of the District, the District may require the customer to provide at his own expense, equipment that will reasonably limit such fluctuations.

6.12 NOTICE OF WATER SERVICE PROBLEMS

6.12.1 Each customer shall give prompt notice to the District of any defect, trouble or accident affecting that customer’s water service. 

6.13 CUSTOMER’S RESPONSIBILITY TO PREVENT BACKFLOW

6.13.1 Backflow prevention devices, when required to be installed in the opinion of the Board or a state certified District representative, shall be installed and maintained by the customer on any service connection to the District’s system where said backflow prevention devices are necessary for the protection of the District’s system.

6.13.2 The entire cost of installing a backflow prevention device shall be borne by the customer, and the installed device shall be owned and maintained by the customer. Inspection of such devices shall be made periodically by a District representative, but it shall be the customer’s responsibility at all times to maintain his backflow prevention device in a fully functioning condition.

6.14 CUSTOMER WATER SUPPLY FAILURE

6.14.1 6.14.1 If the customer’s water service fails, he/she shall endeavor to determine if he/she has a broken service line or a broken pipe inside or under the structure on the premises occupied by the customer. For the purpose of making such a disconnection, each customer is required to install a shutoff valve between the customer’s service line and the plumbing and piping under or inside the structure on the premises occupied by the customer.

6.14.2 6.14.2 If a District employee, personnel, contractor or service provider is sent to the customer’s premises at the customer’s request and it is determined that the problem is caused by the failure of the customer’s service line or plumbing or piping under or inside the structure on the customer’s premises, a charge shall be applied as indicated in the current water rates and fees schedule.  This will also apply to requests by customers to shut off their water at the meter box.

6.15 TEMPORARY SERVICE

6.15.1 Customers requiring service by the District as temporary shall be required to pay all costs incurred by the District for connection and disconnection of such service.

6.16 RESALE

6.16.1 Water is not to be resold by the customer, except by written permission of the District, and in no case may the rates charged exceed the rates charged by the District for similar service.

6.17 DISTRICT RIGHT OF ACCESS

6.17.1 By applying for and receiving water service from the District, the customer grants the District and its authorized employees and agents the right to install and maintain its water service facilities on the premises of the customer, to carry out its contract to supply water, to enter upon the premises of the customer at all reasonable times for the purpose of reading, connecting, disconnecting, inspecting, repairing or removing the metering or other facilities of the District, to inspect customer owned backflow prevention devices, and to inspect all customer water and sewer facilities to ensure there are no cross connections.

6.18 PLUMBING INSPECTION BY DISTRICT

6.18.1 Applying for and receiving water service from the District, the customer grants the District and its authorized employees and agents right to inspect the customer’s plumbing before, during and after the time water service is supplied. However, the grant of a right to so inspect does not carry with it an obligation to inspect, and any such inspection, or lack of inspections, shall not be construed as placing upon the District any responsibility for any condition or maintenance of the customer’s plumbing; nor does it guarantee the absence of cross connection in the customer’s service.

6.18.2 The District may, before connecting any premises with the District’s mains or furnishing water there from, cause the customer’s service line to be inspected and tested and until such service line is located and put in proper condition satisfactory to the District, decline to connect the service line to the District’s main. 

6.19 INTERRUPTION OF SERVICE

6.19.1 The District reserves the right to temporarily suspend water service to make repairs or improvements to its system and may do so without notice to its customers. Whenever and wherever practicable, the District will give reasonable public notice of such temporary suspension of water service to its customers, and all improvements and repairs will be made at such times as to cause the customer the least inconvenience possible.

6.19.2 The District reserves the right to disconnect service without notice to prevent unauthorized water use, protect district property, to prevent cross connections and otherwise prevent health hazards. Notice of any such disconnection shall be given as provided by Section 6.23 of these Regulations.

6.19.3 In case the supply of water shall be disconnected or fail by reason of accident or any other cause whatsoever, the District shall not be liable for damage for such interruption or failure, nor shall such failure or interruption be held to constitute a breach of contract on the part of the District or in any way relieve the customer from performing the obligations of his contract. The District does not guarantee its water service and shall not be liable for injury, loss or damage resulting from failure to provide such service.

6.20 RELOCATION OF EQUIPMENT AT CUSTOMER REQUEST

6.20.1 A customer who desires to have his point of delivery moved to a new location on the premises shall apply in writing at the Board of Commissioners meeting at least fourteen (14) days in advance of the next regularly scheduled Board of Directors meeting.   date the relocation is desired. Following the Board’s approval of the customer’s application, the District will relocate to service to a new meter location at the customer’s expense.  The date for the relocation will be determined by the Board and its water management company.

6.21 CONNECTIONS AND DISCONNECTIONS OF WATER SERVICE

6.21.1 WATER SERVICE CONNECTION

6.21.1.1 The costs of water service connection and water service are set forth in District Rate Resolution.  Any development – whether new construction, existing structure, or remodel that requires potable water will have to pay a connection fee in order to connect to the Juniper Beach Water District water system.  

6.21.1.2 System Development charges are associated with and assessed for the purpose of developing the capacity of the system to accommodate the extra demand placed on this system by new customers. The basis for the system development/connection charges is for new customers to pay a “fair share” of the initial infrastructure installation of this utility system and the “potential impact” the new connection will have on the water system.

6.21.1.3 For services having a single point of delivery, the water rates of the District are based upon the supply of water service to the entire premises through a single point of delivery and metering. For premises having more than one premise served by the District, each point of delivery will be separately metered and billed. Unless otherwise specified in a special contract, the District shall not aggregate the metering of separate points of delivery.

6.21.1.4 Additional costs for water service may be required if the water service will be connected to a main previously constructed under the District’s line extension policy.

6.21.1.5 The customer’s service line will be located at a place mutually acceptable to the District.

6.22 DISCONNECTION OF WATER SERVICE BY THE CUSTOMER

6.22.1 Unless stated in a special contract with the District, a customer may disconnect water service by notifying the District, in writing at the District’s address, of the desire to disconnect water service from the District at least 5 days in advance of that customer’s desired disconnection date.

6.22.2 At the time of disconnection all monies owing the District for service rendered shall be due and payable upon presentation of a final bill.

6.22.3 A current customer desiring to disconnect water service and terminate their connection, shall be obligated to pay the current existing connection fee at the time water service reconnection is desired at that location again.  If the customer moves from the service address and fails to request that service be discontinued, the customer will be responsible to pay for service taken at that service address until they can confirm either that the customer has vacated the premises and can access the meter or that a new responsible party (legal owner according to Island County Records) is taking over the water service responsibilities.

6.22.4 The district does not promise a service connection will be available in the future when a reconnection is desired.

6.23 WATER DISTRICT-DIRECTED DISCONNECTION WITHOUT NOTICE OR WITHOUT FURTHER NOTICE

6.23.1 The water district may discontinue service without notice or without further notice when:

6.23.2 After conducting a thorough investigation, the water district determines that the customer has tampered with or stolen the district's property, has used service through an illegal connection, or has fraudulently obtained service. The water district will show proof through its water management company that fraud occurred. For the purpose of this section, a nonsufficient funds check, or dishonored electronic payment alone will not be considered fraud:

6.23.2.1 First offense. The District may disconnect service without notice when it discovers theft, tampering, or fraud, unless the customer immediately pays all of the following:

6.23.2.1.1 The tariffed rate for service that the District estimates was used as a result of the theft, tampering, or fraud;

6.23.2.1.2 All water district costs resulting from such theft, tampering, or fraud; and

6.23.2.1.3 A reconnection fee.

6.23.2.2 Second offense. The water district may disconnect service without notice when it discovers further theft, tampering, or fraud. The water district may refuse to reconnect service to a customer who has been twice disconnected for theft, tampering, or fraud, subject to appeal to the Board of Commissioners.

6.23.3 After conducting a thorough investigation, the water district determines that the customer has vacated the premises;

6.23.4 The water district identifies a hazardous condition in the customer's facilities or in the water district's facilities serving the customer;

6.23.5 A customer pays a delinquent account with a check or electronic payment the bank or other financial institution has dishonored after the water district has issued appropriate notice as described in this section;

6.23.6 The customer has not kept any agreed-upon payment arrangement for payment of a delinquent balance after the water district has issued appropriate notice as described in this section; or

6.23.7 The water district has determined a customer has used service prior to applying for service. The water district must charge the customer for service used in accordance with the water district's established water service rates and fees. 

6.23.8 This section should not be interpreted as relieving the customer or other person of civil or criminal responsibility.

6.24 WATER DISTRICT-DIRECTED DISCONNECTION WITH NOTICE 

6.24.1 After properly notifying the customer, as explained in Section 6.32, the water district may discontinue service for any one of the following conditions:

6.24.1.1 For delinquent charges associated with regulated water service, including any required deposits or fees. The water district will not disconnect service when the customer has met the requirements of subsection (5) of this section for medical emergencies or has agreed to or maintains agreed-upon payment arrangements with the water district. 

6.24.1.2 For refusing to allow the water district's representatives access to the customer's premises as required in WAC 480-100-168,

6.24.1.3 For violating rules, service agreements, or adopted water service fees and rates or,

6.24.1.4 For use of equipment that detrimentally affects the water district's service to its other customers.

6.24.2 Medical emergencies. When the water district has cause to disconnect or has disconnected a residential service, it will postpone disconnection of service or reinstate service for a grace period of five business days after receiving either verbal or written notification of the existence of a medical emergency. The water district will reinstate service during the same day if the customer contacts the water district prior to the close of the business day and requests a same-day reconnection. Otherwise, the water district will restore service by 12:00 p.m. the next business day. When service is reinstated, the water district will not require payment of a reconnection charge and/or deposit prior to reinstating service but will bill all such charges on the customer's next regular bill or on a separate invoice.

6.24.2.1 The water district will require that the customer, within five business days, submit written certification from a qualified medical professional stating that the disconnection of electric service would aggravate an existing medical condition of a resident of the household. "Qualified medical professional" means a licensed physician, nurse practitioner, or physician's assistant authorized to diagnose and treat the medical condition without supervision of a physician. The required written certification must include the following information:

6.24.2.1.1 Residence location;

6.24.2.1.1.1 An explanation of how the current medical condition will be aggravated by disconnection of service;

6.24.2.1.1.2 A statement of how long the condition is expected to last; and

6.24.2.1.1.3 The title, signature, and telephone number of the person certifying the condition;

6.24.2.1.1.4 The medical certification is valid only for the length of time the health endangerment is certified to exist but no longer than sixty days, unless renewed;

6.24.2.2 A medical emergency does not excuse a customer from having to pay delinquent and ongoing charges. The water district will require the customer to do the following within a five-business-day grace period:

6.24.2.2.1 Pay a minimum of ten percent of the delinquent balance;

6.24.2.2.2 Enter into an agreement to pay the remaining delinquent balance within one hundred twenty days; and

6.24.2.2.3 Agree to pay subsequent bills when due.

6.24.2.3 Nothing in this section precludes the water district from agreeing to an alternate payment plan, but the water district may not require the customer to pay more than this subsection prescribes. The water district will send a notice to the customer confirming the payment arrangements within two business days of having reached the agreement;

6.24.2.4 If the customer fails to provide an acceptable medical certificate or ten percent of the delinquent balance within the five-business-day grace period, or if the customer fails to abide by the terms of the payment agreement, the water district will not disconnect service without first mailing a written notice providing a disconnection date not earlier than 5:00 p.m. of the third business day after the date of mailing, if mailed from within the states of Washington, Oregon, or Idaho, or the sixth business day, if mailed from outside the states of Washington, Oregon, and Idaho, or by personally delivering a notice providing a disconnection date of not earlier than 5:00 p.m. of the second business day following the date of delivery;

6.24.2.5 A customer may claim medical emergency and be entitled to the benefits described in this subsection only twice within any one hundred twenty-day period.

6.25 UNAUTHORIZED CONNECTIONS

6.25.1 No person other than a duly authorized District employee acting under the authority of the District shall tap into or make any connection with the District’s water mains, hydrants, service installation or system for the purpose of securing water service there from or for any other purpose.

6.26 CROSS CONNECTIONS

6.26.1 PROHIBITION OF CROSS CONNECTIONS

6.26.2 All cross connections, whether or not such cross connections are controlled by automatic devices, such as check valves, or by hand operated mechanisms such as gate valves or stopcocks, are hereby prohibited.

6.26.3 Failure on the part of firms, persons, or corporations to discontinue the use of any or all cross connections and to physically separate such cross connections will be sufficient cause for the discontinuance of water service for the premises on which the cross connection exists.

6.26.4 The District shall, in cooperation with the health officer or local plumbing inspection authority, make periodic inspections of the premises served by the District’s system to check for the presence of cross connections. Any cross connections found in such inspections shall be ordered removed. If an immediate hazard to health is caused by the cross connection, water service to the premises shall be discontinued until the District verifies that the cross connection has been removed. Notice of such a disconnection in substantially the following form shall be delivered to the customer and posted on the customer’s premises: Water service at (address of premises) has been discontinued. For information regarding restoration of water service contact the Juniper Beach Water District or one of the JBWD Commissioners.

6.27 USE OF BACKFLOW PREVENTION DEVICES

6.27.1 Backflow prevention devices shall be installed at the point where the customer’s service line is attached to that customer’s meter or within any premises where, in the judgment of the District, the nature and extent of the activities on the premises, or materials used in connection with the activities, or materials stored on the premises would present an immediate and dangerous hazard to health should s cross connection occur, even though such cross connection does not exist at the time the backflow prevention device is required to be installed. This shall include, but not be limited to the following situations:

6.27.2 Premises having a water source or system other than the District’s system or another public water supply system available to the premises or a structure on the premises, unless the quality of the auxiliary supply is in compliance with WAC 248-54-430 and is acceptable to the District.

6.27.3 Premises having internal cross connections that are not correctable, or intricate plumbing arrangements which make it impracticable to ascertain whether or not cross connections exist

6.27.4 Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficient short notice to assure that cross connections do not exist,

6.27.5 Premises having a repeated history of cross connections being established or re-established.

6.27.6 Premises on which any substance is handled under pressure so as to permit entry into the District’s system, or where a cross connection reasonably could be expected to occur. This shall include the handling of process waters and cooling waters.

6.27.7 Premises where materials of a toxic or hazardous nature are handled such that if back siphonage should occur, a serious health hazard may result.

6.27.8 Backflow prevention devices required in this section shall be installed at the property line of the premises, or at a location designated by the District. The device shall be located so as to be readily accessible for maintenance and testing, and where no part of the device will be submerged.

6.27.9 Backflow devices required in this section shall be installed with the approval of the District.

6.27.10 Any protective device required in this section shall be a model approved by the District. A double-checked valve assembly or a reduced pressure principle backflow prevention device will be approved if it has been successfully passed performance tests of the University of Southern California Engineering Center or other testing laboratories satisfactory to the District.

6.27.11 Backflow prevention devices installed under this section shall be inspected and tested annually, or more often where successive inspections indicate repeated failure. The devices shall be repaired, overhauled, or replaced at the customer’s expense whenever they are found to be defective, Inspections, tests, repairs and records thereof shall be done under the District’s supervision.

6.28 BILLING PROCEEDURES AND ADJUSTMENTS

6.28.1 Billings shall be rendered at the option of the District. The District shall mail each customer’s billing to the billing address furnished on the customer’s water service application. The failure to receive a bill shall not release a customer from the obligation to pay his bill when due.  The opening or closing bill, which may be for greater or lesser periods than the normal intervals, will be calculated on the basis of the ratio that the actual period billed bears to the normal billing interval. 

6.28.2 All payments for water service are the responsibility of the legal property owner. 

6.28.3 Bills are sent to and payment is expected from the listed legal property owner of the parcel.

6.28.4 All board policies, forms and notices regarding application for water service, billing, payment delinquencies and disconnection of water service are posted on the Juniper Beach Water District website www.juniperbeachwaterdistrict.net.

6.29 PAYMENT OF BILLS

6.29.1 All District bills are mailed on within ten (10) days of the last business day of the month, at which time they become due and payable. Unless otherwise specified in the billing, the billing becomes past due and delinquent on the last day of the month following the date of the billing.  Meters are read and bills are sent as indicated on the JBWD Water Rates and Fees schedule.

6.29.2 Payment of District bills shall be made to the contracted billing agent as prescribed in all statements.

6.29.3 Payments made to the District by mail after an order of disconnection is made by the Board shall not prevent disconnection of the water service to the premise having a delinquent account unless such payments are received prior to the date of scheduled disconnection as stated on the disconnection order.

6.29.4 A service charge shall be made against any customer’s account if that customer pays any billing with a check that is returned to the District for lack of sufficient funds or because the customer’s account has been closed.

6.30 TIMELINE OF ACCOUNT PAYMENTS AND DELINQUENCY NOTICES

6.30.1 Meters are read within 5 days of the last business day of the month.  

6.30.2 Bills are sent within 10 days of meter readings.

6.30.3 Payments are due on the last day of the month following the date of the billing.

6.30.4 31 days after no payment is received, a past due reminder is sent.

6.30.5 30 days later a “Notice of Disconnection” is mailed via certified mail if no payment has been received.

6.30.6 25 days later a second reminder “Notice of Disconnection” is mailed.

6.30.7 48 hours prior to disconnection, a “Notice of Disconnection” is posted at the residence.

6.30.8 Once water service is disconnected, a “Water Service Disconnection Notice” is posted at the residence.

6.31 DELINQUENT ACCOUNTS

6.31.1 PAST DUE REMINDER

6.31.1.1 No sooner than thirty-one (31) days after the date of a billing, the District shall send to a customer whose bill has not been paid a past due reminder notice by first class mail addressed to the customer’s billing address. Said notice shall contain substantially the following language:

6.31.1.1.1 “We notice from an inspection of our records that your water service bill has not been paid and is past due and delinquent. If this nonpayment is a result of an oversight on your part and if you have already paid your bill or made arrangements with the District for its payment, please accept our thanks and disregard this notice.  

If you are unable to pay the entire amount of the bill in question at this time or if you dispute the amount of the bill. You may request a hearing before the JBWD Board of Commissioners.  Such a hearing is yours as a matter of right.  However, in order to exercise that right, you have the responsibility of requesting the hearing.  Such a request must be made in writing at the District’s mailing address.  Your request for an informal conference must be made within 15 days of this notice.  If you do not make satisfactory arrangements or do not pay your bill, your water service will be subject to partial or complete disconnection in accordance with an order of the District’s Board of Commissioners sixty-one days from the date your water service bill became past due and delinquent.  For more information concerning your rights and the District’s policies, read the enclosed brochure.”

6.31.2 BROCHURE

6.31.2.1 The District shall send a brochure as an enclosure with each past due reminder. Said brochure shall explain in detail the District’s credit and disconnection policies and the customer’s rights including:

6.31.2.2 The customer’s right to a hearing to adjust a disputed bill or to work out a deferred payment agreement

6.31.2.3 The customer’s right to appeal the outcome of the informal conference to the Board.

6.31.2.4 The procedures appeal hearing.

6.31.2.5 Specific rights, including the right to view records regarding the customer’s account; to present independent evidence; and to be represented by an attorney or other representative.

6.31.3 APPEAL HEARING

6.31.3.1 Application for Appeal Hearing:  Upon notification submitted to the District’s address, a customer who disputes the amount of his bill, or is unable to pay the full amount of this bill due to temporary financial difficulties shall be entitled to a hearing before the District’s Board of Commissioners on any day prior to the date shown on the disconnection notice. The District’s Board of Commissioners may arrange a reasonable and feasible deferred payment program for a customer with a bona fide temporary financial difficulty making it impossible to pay the full amount of the current bill. Said deferred payment program shall be based upon a number of factors, including, but not limited to:

6.31.3.1.1 The dollar amount of the delinquent account,

6.31.3.1.2 The time the bill has been owed,

6.31.3.1.3 The customer’s ability to pay,

6.31.3.1.4 The credit history of the customer,

6.31.3.1.5 Whether the financial difficulties of a particular customer are temporary (for example, a customer who has been unable to pay a bill on more than two previous occasions within the past two years may be considered a repetitive credit problem and may not be experiencing financial difficulties which can be considered to be temporary),

6.31.3.1.6 Other relevant factors presented by the customer.

6.31.3.2 Procedure:  At the hearing, the customer shall advise the District’s Board of Commissioners of the customer’s position and shall present whatever facts or evidence he/she deems supportive of his application for an adjustment in his billing.  Following the hearing, the Board of Commissioner’s shall determine the disposition of the customer’s application for an exception to policy.  Should an arrangement concerning a disputed bill or temporary financial difficulties be made, that arrangement shall be reduced to writing and signed by the customer who requested the hearing.  A formal decision will be made at the appeal hearing with a written notice to follow within five (5) days of the hearing where the action was taken.

6.31.3.2.1 Should the Board ratify an arrangement, it shall become effective the day the customer is notified of the Board’s ratification.

6.31.3.2.2 The customer’s appeal shall be heard as the first item of business at that meeting. Should more than one hearing of an appeal from a disconnection made at an informal conference be set for the same meeting of the Board, the appeals will be heard in the order the notice of appeal were filed, the appeal with the earliest filed notice being heard first.

6.31.3.2.3 Prior to the meeting when the customer’s appeal is scheduled to be heard, the customer who is making the appeal, or that customer’s attorney or other representative, shall have the right to view the records of the District’s relating to that customer’s account.

6.31.3.2.4 When the customer’s appeal is called, the customer, who may appear in person, through an attorney or a representative, shall state whether the appeal is from a disconnection concerning a disputed bill or concerning an application for a deferred payment program and shall present in support of his position any relevant facts. Following the presentation of the customer’s position, appropriate District personnel shall present the District’s position. After each side has had an opportunity to present its respective position, the Board shall have the right to question each side and each side shall have the right to question the other. Following the Board’s portion of the questioning period, each side shall have the opportunity to make a closing statement, with the customer making the first closing statement.

6.31.3.2.5 At the request of the customer whose appeal is being heard, a record shall be made of the proceedings. The customer may provide, at the customer’s own expense, supplemental means of preserving a record of the proceedings.

6.31.3.3 Appeal Hearing Criteria

6.31.3.3.1 Appeal from Disputed Bill disconnection:  When hearing an appeal from a disconnection concerning a customer’s a customer’s disputed bill, the Board shall consider:

6.31.3.3.2 Whether water or other service was provided the customer by the District;

6.31.3.3.3 Whether the customer was charged the proper rate for the service provided the customer by the District;

6.31.3.3.4 Whether the customer paid his bill, and

6.31.3.3.5 Whether the customer is entitled to any adjustment to or adjustment against the bill under these Regulations, other regulations of the District, the laws of the State of Washington, federal law or state or federal regulations.

6.31.3.4 Appeal for Deferred Payment: When hearing an appeal from a customer’s request for a deferred payment program, the Board shall consider:

6.31.3.4.1 The dollar amount of the delinquent account,

6.31.3.4.2 The time the bill has been owed,

6.31.3.4.3 The customers’ ability to pay,

6.31.3.4.4 The credit history of the customer,

6.31.3.4.5 Whether the financial difficulties of a particular customer are temporary (for example, a customer who has been unable to pay a bill on more than two previous occasions within the past two years may be considered a repetitive credit problem, and may not be experiencing financial difficulties which can be considered to be temporary); and

6.31.3.4.6 Whether the customer has failed to comply fully and satisfactorily with the terms of a previous deferred payment program.

6.31.3.5 Written Decision of Board Following Hearing on Appeal:  Unless the hearing of the customer’s appeal is continued, the Board shall render a decision of its disposition of the customer’s appeal at the meeting where the hearing is conducted.

6.31.3.6 The Board’s decision, which shall be final, shall set forth the nature of the customer’s appeal and a brief summary of the relevant facts;

6.31.3.6.1 The decision of the Board; and

6.31.3.6.2 The reasoning of the Board, including references to the appropriate hearing criteria, which supports the Board’s decision.

6.31.3.6.3 A written decision of the Board shall be signed on behalf of the Board dated and mailed or delivered within five (5) business days of the meeting where the Board’s decision was reached, to the customer either by hand or by sending it to the customer by first class mail at the customer’s billing address or such other address requested by the customer in writing.

6.31.4 FAILURE TO UTILIZE APPEAL HEARING PROCEDURES

6.31.4.1 At its first regularly scheduled meeting of each month, the Board shall order the partial or complete disconnection of water service for each customer with a past due and delinquent account who had been sent a past due reminder containing a deadline for requesting an informal conference falling due after the Board’s first regularly scheduled meeting of the preceding month. The date upon which each such customer’s water service shall be ordered partially or completely disconnected shall be the disconnection date set forth in the customer’s past due reminder.

6.32 DISCONNECTION OF WATER SERVICE FOR NONPAYMENT

6.32.1 DISCONNECTION NOTICE

6.32.1.1 In the event a customer has not paid his bill or has not made satisfactory arrangements with the District at an Appeal Hearing in accordance with procedures set forth above, the District shall mail a disconnection notice to that customer at that customer’s billing address by first class mail at least forty-eight (48) hours prior to the disconnection of that customer’s water service. The disconnection notice shall contain substantially the following language.

6.32.1.1.1 You are hereby advised that at the regular meeting held on (date) at (time), the Board of Commissioners of Juniper Beach Water District, Island County, Washington, ordered the partial/complete disconnection of your water service effective (date) for nonpayment of your past due and delinquent water service billing in the amount of ($$.$$) plus interest and penalties.  SHOULD YOUR WATER SERVICE BE PARTIALLY OR COMPLETELY DISCONNECTED, YOUR WATER SERVICE WILL BE RESTORED IN FULL FOLLOWING YOUR PAYMENT TO THE DISTRICT OF YOUR ABOVE MENTIONED PAST DUE ACCOUNT PLUS PENALITIES AND INTEREST AND A RECONNECTION FEE.

6.32.2 DISCONNECTION OF WATER SERVICE

6.32.2.1 On or after the date set forth in the Board’s disconnection notice, the customer’s water service shall be disconnected in accordance with the order of the Board. Upon partial or complete disconnection, there shall be left with the customer, either personally or by posting on the premises, a notice containing substantially the following language:

6.32.2.1.1 Water service to these premises has been partially/completely disconnected. For information regarding restoration of water service, contact the Juniper Beach Water District or its billing agent at the numbers provided in previous mailings.

6.32.3 RESTORATION OF WATER SERVICE

6.32.3.1 Wherever water service has been partially or completely disconnected, the District shall not restore that water service in full until the customer’s delinquent account is paid in full or an arrangement for its payment has been made.

6.33 DISCONNECTION NOTIFICATION REQUIREMENTS

6.33.1 Notification consists of the following requirements:

6.33.1.1 The water district will serve a written disconnection notice to the customer either by mail or by personal delivery to the customer's address with notice attached to the primary door. If the disconnection notice is for nonpayment, the water district will follow the rules established WAC 480-100-138. Each disconnection notice will include:

6.33.1.1.1 A disconnection date that is not less than eight business days after the date of personal delivery or mailing, if mailed from inside the states of Washington, Oregon, or Idaho, or a disconnection date that is not less than eleven business days, if mailed from outside the states of Washington, Oregon, and Idaho.

6.33.1.1.2 All relevant information about the disconnection action including the cause for disconnection; the amount owed for regulated water service; and how to avoid disconnection;

6.33.1.1.3 All relevant information about any charges that may be assessed; and

6.33.1.1.4 The water district's name, address, and toll-free telephone number by which a customer may contact the water district to discuss the pending disconnection of service;

6.33.1.2 If the water district discovers the notice information is inaccurate, the water district must issue another notice to the customer as described this section;

6.33.1.3 If the water district has not disconnected service within ten business days of the disconnection date stated in 6.32.2 of this Section, the disconnection notice will be considered void unless the customer and the water district have agreed to a payment arrangement. Upon a void notice, the water district will provide a new disconnection notice to the customer;

6.33.1.4 In addition to the notice required by Section 6.33, a second notice will be provided by one of the two options listed below:

6.33.1.4.1 Delivered notice. The water district will deliver a second notice to the service premises and attach it to the customer's primary door. This notice will state a scheduled disconnection date that is not earlier than 5:00 p.m. of the second business day after the date of delivery; or

6.33.1.4.2 Mailed notice. The water district will mail a second notice which will include a scheduled disconnection date that is not earlier than 5:00 p.m. of the third business day after the date of mailing, if mailed from within the states of Washington, Oregon, or Idaho; or the sixth business day, if mailed from outside the states of Washington, Oregon, and Idaho.

6.33.1.5 In addition to either a delivered notice or mailed notice, an attempt will be made to contact the customer via telephone. The water district will make two attempts to contact the customer during regular business hours. A record of the calls will be kept for a minimum of ninety calendar days showing the telephone number called, the time of the call, and details of the results of each attempted call. 

6.33.1.6 Except in case of danger to life or property, the water district will not disconnect service on Saturdays, Sundays, legal holidays, or on any other day on which the water district cannot reestablish service on the same or following day;

6.33.1.7 For purposes of this section, the date of mailing a notice will not be considered the first day of the notice period.

6.34 REMEDY AND APPEALS

6.34.1 Service may not be disconnected while the customer is pursuing any remedy or appeal provided by these policies and regulations or while engaged in discussions with the water district’s representative or with the Board of Commissioners in a formal setting.  Any amounts not in dispute must be paid when due and any conditions posing a danger to health, safety or property must be corrected.  The District must inform the customer of these provisions when the customer is referred to a supervisor or to the Board of Commissioners.

6.35 COLLECTION OF UNPAID ACCOUNTS

6.35.1 When a customer’s account has been delinquent for 120 days and no arrangement has been entered into between the customer and the District for the payment of that account, or when a customer who has entered into an arrangement with the District is sixty days delinquent in making any payment under the terms of that arrangement, the Board may take action that shall certify that customer’s delinquency or delinquencies plus a penalty of twelve percent (12%) of the entire delinquent amount to the Island County Treasurer. The entire amount certified shall earn interest at the rate of twelve percent (12%) per annum, commencing on the date of the certification and shall, along with the interest thereon, be a lien, junior only to liens for general taxes, against the premises to which water service was supplied by the District and for which the customer whose account is delinquent is responsible to pay the District’s charges. At any time following the above-mentioned certification to the Island County Treasurer, the District may commence a civil action in the Superior Court of the State of Washington for Island County to foreclose its lien or liens created by any and all such certifications by the District. In the event such a civil action is commenced the District will seek to recover, in addition to the dollar amount of the customer’s delinquent account, the penalty on that account and interest, it’s reasonable attorney’s fees and costs of suit.

6.36        Leak Forgiveness Policy

6.36.1   It has been provided for in RCW 57.08.081 that the Commissioners shall set rates and charges for providing water service to customers. JBWD has chosen to implement a Leak Forgiveness Policy as provided within the following conditions and language:

6.36.1.1   The policy applies to documented water leaks on owner’s property not due to negligence,

6.36.1.1.1   A water leak shall be defined as “an unintentional water loss caused by broken or damaged plumbing fixtures, pipes or irrigation equipment at a customer’s residence or non-residential site that results in a customer’s bill(s) being higher than the customer’s typical bill for water services."

6.36.1.2   In order for a customer to request a water leak adjustment, the customer must ensure that the source of the leak has been identified and repaired.

6.36.1.2.1   The District must be ensured a customer’s bill is not impacted by the same leak in the future.

6.36.1.2.2   The District will not make adjustments for leaks that have not yet been repaired. Shutting off the source of the leak is not considered a repair for the purposes of this leak forgiveness program.

6.36.1.3   The amount of the credit will be in the amount of removal of all consumption charges in excess of the Tier One Water Rate Fees.  A customer with a water leak forgiveness credit will still be charged the minimum Tier One Water Rate Fee.

6.36.1.4   A credit will only be given for two billing cycles if necessary.  Credit will not be given on leaks that are not reported or claimed lasting over four months.

6.36.1.5   One leak forgiveness credit per service connection during a three-year period.

6.36.1.6   Procedure for obtaining a Leak Forgiveness Credit

6.36.1.6.1   When a leak is discovered, the customer must make sure the water is shut off at the meter.  The customer should contact JBWD at its published number.

6.36.1.6.2   Once the leak has been fixed, complete the Application for Leak Forgiveness Policy form found on the District’s website.

6.36.1.6.3   Attach the relevant receipts or invoices. Documented proof of repairs must be given to receive the leak forgiveness credit.  No credit will be given unless there is evidence that the repairs were made.  The evidence may be invoices or receipts. 

6.36.1.6.4   The Application for Leak Forgiveness Policy form must be mailed to Juniper Beach Water District, PO Box 1178, Stanwood WA 98292.

6.36.1.6.5   The form must be received within 120 days of the due date of the last bill impacted by the leak.

6.36.1.6.6   The account under review must not have been granted a leak forgiveness credit in the past 36 months.

6.36.1.7   The Board will respond to written request on the approved application at the next regularly scheduled meeting.  Upon receiving the application and documentation, the Board will review and determine if the application qualifies.

6.36.1.8   If the Board approves the Leak Forgiveness, a credit will be issued to the customer’s account, which will be seen on the next billing cycle.

This policy has been adopted by the Juniper Beach Water District.  This policy is official and in effect, as written, unless repealed or amended at a regularly scheduled or specially called meeting of the Board.

Adoption Date: November 12, 2009

Amended: June 20, 2019

Amended: July 16, 2020