Corporate Tariff
TABLE OF CONTENTS
INTRODUCTION.........................................................................................................................................ARTICLE I
ORGANIZATION.................................................................................................................................................................SECTION 1.01 (Pg. 7)
GOVERNANCE AND ADMINISTRATION.................................................................................................................SECTION 1.02 (Pg. 7)
LIMITATION OF LIABILITY..........................................................................................................................................SECTION 1.03 (Pg. 8)
INFORMATION DISCLOSURE AND CUSTOMER NOTICE..................................................................................SECTION 1.04 (Pg.8)
GRIEVANCE AND APPEAL PROCEDURES...............................................................................................................SECTION 1.05 (Pg.8)
LITIGATION.........................................................................................................................................................................SECTION 1.06 (Pg. 9)
DEFINITIONS.............................................................................................................................................ARTICLE II
PROJECT DEVELOPMENT....................................................................................................................ARTICLE III
GENERAL INFORMATION..........................................................................................................................................SECTION 3.01 (Pg. 17)
BASIS FOR CALCULATION OF PROJECT..............................................................................................................SECTION 3.02 (Pg. 18)
MINIMUM WATER SYSTEM REQUIREMENTS..................................................................................................SECTION 3.03 (Pg. 19)
OVER-SIZING OF PROJCET IMPROVEMENTS....................................................................................................SECTION 3.04 (Pg. 20)
SUBSEQUENT USER FEES..........................................................................................................................................SECTION 3.05 (Pg. 20)
DEVELOPMENT PROJECT PROCEDURES............................................................................................................SECTION 3.06 (Pg. 21)
STAGES OF PROJECT COMPLETION......................................................................................................................SECTION 3.07 (Pg. 22)
DEVELOPMENTS WITHIN CITY LIMITS OR ETJ OF A CITY.........................................................................SECTION 3.08 (Pg. 27)
RV PARKS, APARTMENT COMPLEXES, HOTELS/MOTELS, MULTI-FAMILY DWELLINGS............SECTION 3.09 (Pg. 32)
PROVISION OF WATER SERVICE.......................................................................................................ARTICLE IV
SERVICE ENTITLEMENT..........................................................................................................................................SECTION 4.01 (Pg. 33)
APPLICATION FOR SERVICE...................................................................................................................................SECTION 4.02 (Pg. 33)
REQUIREMENTS FOR SERVICE.............................................................................................................................SECTION 4.03 (Pg. 34)
APPLICATION VERIFICATION................................................................................................................................SECTION 4.04 (Pg. 35)
ADDITIONAL REQIREMENTS.................................................................................................................................SECTION 4.05 (Pg. 35)
MEMBERSHIP AND MEMBERSHIP FEE.............................................................................................................SECTION 4.06 (Pg. 35)
MEMBERSHIP TRANSFERS AND REFUNDING A MEMBERSHIP.............................................................SECTION 4.07 (Pg. 36)
SUVIVOR'S CLAIM OF MEMBERSHIP..................................................................................................................SECTION 4.08 (Pg. 37)
CANCELLATION AND RE-ASSIGNMENT OF MEMBERSHIPS....................................................................SECTION 4.09 (Pg. 38)
MEMBERSHIP TRANSFER AND UNCLAIMED MEMBERSHIP FEE.........................................................SECTION 4.10 (Pg. 38)
DENIAL OR DISCONTINUATION OF SERVICE................................................................................................SECT ION 4.11 (Pg. 39)
METERING OF MULTI-FAMILY AND MULTI-USE FACILITIES.................................................................SECTION 4.12 (Pg. 40)
CONNECTIONS TO RWSC WATER SYSTEM......................................................................................ARTICLE V
PROVISION OF WATER SERVICE............................................................................................................................SECTION 5.01 (Pg. 43)
METERING REQUIREMENTS AND REGULATIONS.........................................................................................SECTION 5.02 (Pg. 43)
CONNECTIONS TO BE MADE BY THE CORPORATION.................................................................................SECT ION 5.03 (Pg. 44)
INSTALLATION OF CUSTOMER GATE VALVE...................................................................................................SECTION 5.04 (Pg. 44)
RESPOINSIBILITY OF MEMBER REGARDING RWSC WATER SYSTEM APPURTENANCES...........SECTION 5.05 (Pg. 44)
MEMBER'S MAINTENANCE AND REPAIR OF "CUSTOMER SERVICE" LINE........................................SECTION 5.06 (Pg. 45)
PROVISION OF CORPORATION SERVICES......................................................................................ARTICLE VI
APPLICATION FOR STANDARD SERVICE............................................................................................................SECTION 6.01 (Pg. 47)
MEMBERSHIP FEE REQUIRED.................................................................................................................................SECTION 6.02 (Pg. 47)
BILLING CYCLE/BILLING PROCESS.......................................................................................................................SECTION 6.03 (Pg. 49)
DELINQUENT BILLS AND DISCONNECTION PROCESS.................................................................................SECTION 6.04 (Pg. 49)
OTHER DISCONNECTION ACTIVITIES AND DISCONNECTION PROHIBITIONS................................SECTION 6.05 (Pg. 51)
RECONNECTION OF SERVICE..................................................................................................................................SECTION 6.06 (Pg. 53)
NON-STANDARD SERVICE.........................................................................................................................................SECTION 6.07 (Pg. 53)
DISCONTINUANCE OF SERVICE..............................................................................................................................SECTION 6.08 (Pg. 54)
COLLECTION AND WRITE-OFF OF FINAL BILLS.............................................................................................SECTION 6.09 (Pg. 55)
ADJUSTMENTS TO MEMBER BILLS.......................................................................................................................SECTION 6.10 (Pg. 55)
METER TESTING WHEN BILLING IS DISPUTED..............................................................................................SECTION 6.11 (Pg. 56)
ALTERNATIVE PAYMENT PLANS...........................................................................................................................SECTION 6.12 (Pg. 56)
DEFERRED PAYMENT AGREEMENT FOR DELINQUENT WATER BILLS..............................................SECTION 6.13 (Pg. 57)
INSTALLMENT PAYMENT AGREEMENT.............................................................................................................SECTION 6.14 (Pg. 57)
CHECK ACCEPTANCE POLICY..................................................................................................................................SECTION 6.15 (Pg. 57)
NO FREE SERVICE.........................................................................................................................................................SECTION 6.16 (Pg. 58)
RATES, CHARGES, AND FEES.............................................................................................................ARTICLE VII
MEMBERSHIP FEE.........................................................................................................................................................SECTION 7.01 (Pg. 59)
EASEMENT COSTS.........................................................................................................................................................SECTION 7.02 (Pg. 59)
SERVICE CONNECTION FEE - FRONT END CAPITOL CONTRIBUTION FEE.........................................SECTION 7.03 (Pg. 59)
MONTHLY CHARGES....................................................................................................................................................SECTION 7.04 (Pg. 60)
BULK WATER RATES AND CHARGES...................................................................................................................SECTION 7.05 (Pg. 60)
LATE PAYMENT FEE....................................................................................................................................................SECTION 7.06 (Pg. 60)
RETURNED PAYMENT FEE.......................................................................................................................................SECTION 7.07 (Pg. 61)
DISCONNECT FEE..........................................................................................................................................................SECTION 7.08 (Pg. 61)
RECONNECT FEE............................................................................................................................................................SECTION 7.09 (Pg. 61)
CHARGE FOR DAMAGED FACILIITES AND EQUIPMENT.............................................................................SECTION 7.10 (Pg. 61)
OTHER FEES.....................................................................................................................................................................SECTION 7.11 (Pg. 61)
OTHER CHARGES...........................................................................................................................................................SECTION 7.12 (Pg. 62)
ESTABLISHMENT AND ADOPTION OF RATES, CHARGES, AND FEES....................................................SECTION 7.13 (Pg. 62)
WHOLESALE WATER SERVICE........................................................................................................ARTICLE VIII
WHOLESALE WATER CUSTOMER..........................................................................................................................SECTION 8.01 (Pg. 63)
CONTRACT FOR PROVIDING WHOLESALE WATER.......................................................................................SECTION 8.02 (Pg. 63)
ACCESS TO, SECURITY AND MAINTENANCE OF RWSC FACILITIES........................................ARTICLE IX
ACCESS TO METERS AND FACILITIES..................................................................................................................SECTION 9.01 (Pg. 65)
SECURITY AND MAINTENANCE OF CORPORATION FACILITIES.............................................................SECTION 9.02 (Pg. 65)
METER TAMPERING AND DIVERSION.................................................................................................................SECTION 9.03 (Pg. 66)
RESPONSIBILITY FOR PARPERTY/FACILITY DAMAGE...............................................................................SECTION 9.04 (Pg. 66)
ONE-CALL UNDERGROUND UTILITY LOCATES...............................................................................................SECTION 9.05 (Pg. 67)
PROCESSING OF DAMAGE CLAIMS AGAINST RWSC......................................................................ARTICLE X
INTRODUCTION TO DAMAGE CALIM POLICY................................................................................................SECTION 10.01 (Pg. 69)
DEFINITIONS................................................................................................................................................................SECTION 10.02 (Pg. 69)
DAMAGE CLAIM PROCESS......................................................................................................................................SECTION 10.03 (Pg. 69)
Article I. INTRODUCTIONSection 1.01 ORGINIZATION(a) Rincon Water Supply Corporation (also referred to as “Corporation,” “Rincon WSC,” or “RWSC”) is a non-profit water supply Corporation incorporated pursuant to the provisions of the water supply/sewer service Corporations act, article 1434a, Texas revised civil statutes (annotated), and the Texas non-profit Corporation act, Texas revised civil statutes, article 1396-1.01, et seq., for the purpose of providing water supply to a rural area, and operating under Chapter 67 the Texas water code. (b) Membership in the Corporation and associated water supply service is provided to all applicants who comply with the provisions of these rules and regulations (rules), regardless of race, creed, color, national origin, age, gender, or marital status.(c) The RWSC Tariff (rules and regulations) contained herein apply to the provision of water service by Rincon Water Supply Corporation, and the conditions and requirements under which this service may be provided. Failure on the part of the customer, consumer, or applicant to observe and follow the rules, regulations, and policies of Rincon WSC, including those outlined within these rules, after due notice of such failure, gives the Corporation immediate authority to deny or to discontinue the furnishing of water service, and to impose such fees and penalties as approved by the board of directors. Section 1.02 GOVERNANCE AND ADMINISTRATION OF THE CORPORATION(a) Rincon Water Supply Corporation is governed by a seven-member board of directors. The board members are elected by the members of the Corporation. The board is responsible for the adoption of the Corporation’s rules, regulations, and policies. The regular board meeting of the board of directors is normally held once per month, and other special board meetings may be set as deemed necessary by the board. A once-per-year annual membership meeting is also held by the board of directors. (b) Rincon Water Supply Corporation has adopted various other policies to cover the sundry aspects of the Corporation, and such policies may be amended from time to time. These policies are on file for inspection in the office of the Corporation.(c) Rincon Water Supply Corporation employs a general manager to administer the day-to-day operations of the Corporation, and he/she reports to the board of directors. The general manager is responsible for overseeing all Rincon WSC office and field operations and for supervising, hiring, evaluating, and terminating other Corporation employees. All Rincon WSC employees fall under the purview of the Corporation’s personnel policies (as amended), as approved by the board of directors. (d) In addition to the regular employees of the corporation, consultants are hired by the board of directors, on an as-needed basis, to provide engineering, auditing, and legal services. The general manager interfaces with these consultants on an as-needed basis.
Section 1.03 LIMITATION OF LIABILITY(a) Rincon Water Supply Corporation shall not be held liable for any damages - including without limitation: direct damages, special damages, incidental damages, consequential damages, or loss of profit or revenues, as the result from failures or interruptions of water supply and water service occurring because of water leaks, maintenance, repair, replacement or installation of facilities and appurtenances associated with the water supply or water distribution systems; additionally, the Corporation is not responsible for any liabilities associated with lack of water supply due to disconnection of water service as the result of the customer’s failure to pay for this service.(b) By acceptance of Corporation membership, each member (customer) accepts the rules and regulations and other policies of Rincon Water Supply Corporation and consents to waiver of such liability as described in this Tariff.Section 1.04 INFORMATION DISCLOSURE AND CUSTOMER NOTIFICATION PROVISIONS(a) The records of Rincon Water Supply Corporation shall be kept in the Corporation office. All information collected, assembled, or maintained by or for the Corporation shall be disclosed to the public in accordance with the Texas public information act, as amended. The General Manager acts as the “record management officer” for the Corporation.(b) An individual member (customer) may request in writing that his/her address, telephone number, or social security number be kept confidential. Such confidentiality does not prohibit the utility from disclosing this information to an official or employee of the state of Texas or a governing authority of the state, which is acting in an official capacity.Section 1.05 GREIVANCE AND APPEAL PROCEEDURE(a) A member (customer) of the Corporation may file a grievance or complaint to the general manager by submitting a form designed for such purpose and available in the Rincon WSC office. All grievances and complaints shall first be submitted to the general manager, unless the grievance is against the general manager. The general manager shall have five (5) working days to respond to the customer’s grievance or concern. If the customer is not satisfied with the response of the general manager, or if the grievance is against the general manager, then he/she may submit a grievance to the board of directors. (b) In conjunction with the regulations found in this Tariff. A grievance shall be submitted to the board of directors via the appropriate grievance form available at the Corporation office. The president of the board of directors shall review the submitted grievance and determine the best means by which the grievance or complaint may be resolved. (c) Based upon the decision of the board president, the grievance may be heard by a committee of the board or the full board of directors. If the grievance is heard by a committee, then such committee shall make a recommendation to the board of directors. The board of directors shall make a decision based on the recommendations of the committee or on a hearing conducted, where the person making the grievance may address the board. The board’s decision in the matter of the grievance shall be final.
Section 1.06 LITIGATION(a) This Tariff (these rules and regulations) shall be construed under and in accordance with the laws of the state of Texas. All obligations of the parties created under these rules shall be performable in San Patricio County, Texas, and all payments to be made to Rincon Water Supply Corporation shall be due and payable at the Corporation’s office in this county, at 8896 county road 1458 (PO Box 7), Taft, Texas 78390. San Patricio County, Texas shall be the exclusive place of venue for any disputes arising under these rules and regulations.(b) In the event Rincon WSC is required to retain an attorney to enforce these rules and regulations or collect payments owed under these rules, the member shall be responsible for all legal and court costs incurred by the Corporation, including all reasonable attorney fees.
Article II. DEFINITIONS(a) Active Service: (a) Fully billed service: service status of a member receiving authorized water service under the provisions of these rules and regulation; this is a water service connected to the RWSC water system and that is open for utilization of water by the RWSC member, having a water meter to measure water usage, and are billed on both a minimum monthly charge and volume charge. (b) Minimum monthly service: services that are connected to the RWSC water system, and may or may not have a water meter, but are water-supply-ready to provide water service upon notice by the customer, and are normally only billed the minimum monthly charge. (Note: the disconnection of water service due to a delinquency of payment does not change the status of these categories of service).(b) Applicant: Person, partnership, cooperative Corporation, Corporation, agency, public or private organization of any character, or any other entity applying for service with Rincon Water Supply Corporation.(c) Billing cycle: A cycle of approximately one month in duration, whereas the corporation reads each water meter and bills the customer according to the water usage incurred during that period, along with all other related charges and fees. Unless there are extenuating circumstances, the water meter reading period commences on the 23th of each month and ends on the 28th of each month.(d) Business: The activity of making, buying, or selling goods or providing services in exchange for money or goods, work that is part of a job.(e) Board of Directors: The seven-member governing body of the Rincon Water Supply Corporation elected by the members of the Corporation.(f) Certificate of Convenience and Necessity (CCN): The authorization granted under chapter 13 of the Texas water code for Rincon Water Supply Corporation to provide water utility service within a defined territory. The TCEQ has issued a CCN(s) for Rincon WSC, and the territory defined in this CCN(s) shall be the certificated service area for the Corporation.(g) Contribution in Aid of Construction: Developer and customer contributions which consist of cash or property donated to the Rincon WSC for plant and facilities construction.(h) Connection: Physical means by which member (customer) is provided water service from the Corporation’s water supply system.(i) Corporation: Rincon Water Supply Corporation (Corporation, Rincon WSC, or RWSC).(j) Cross-connection: Any physical arrangement where a public water system is connected, either directly or indirectly (actual or potential), to a non-potable water supply or a water supply of unknown or questionable quality.(k) Customer: A member of the Rincon Water Supply Corporation -- an entity (individual or group or company or organization) provided potable water from the water system of Rincon Water Supply Corporation. Customers (members) are normally classified as “residential” or “non-residential.” (i) Residential customer: A customer not involved in any monetary gain because of business transactions at this service location and for whom the structure receiving service acts primarily as a place of domicile.
(ii) Non-residential (commercial) customer: A customer involved in monetary gain because of business transactions at this service location and for whom the structure(s) receiving service acts primarily as a place of business. This designation may also apply to apartment complexes and not-for-profit organizations such as churches and governmental agencies.(l) Dwelling: House, Apartment, Trailer, RV where someone lives or is setup/intended for someone to live. Generally more than 13 consecutive days.(m) Delinquent Bill: Water bills submitted by the Corporation are due and payable upon receipt. The bill becomes delinquent if payment is not received on or before the 15th of the month.(n) Delinquent Service Deposit: A deposit assessed against a member (customer) who has failed to pay his or her bill in a timely manner and who has had service disconnected because of delinquent payment. The delinquent service deposit will be assessed against the customer in an amount equal to twenty-five percent (25%) of the current deposit (membership fee) for the meter size of that customer’s service. This delinquent service deposit will be applied against all unpaid charges and fees of the customer. The delinquent service deposit is refundable in accordance with the regulations of these rules. (o) Development Area: The area, specified by legal description, which the developer or facilities originator will develop and for which the facilities constructed by either the developer or facilities originator will provide a means of water production, and/or water storage, and/or water distribution.(p) Developer: Person, persons, business Corporation or other entity, whether one or more, who seek to make improvements on a certain tract(s) of land, with such land normally being subdivided, so that this land may be sold for personal habitation or for commercial use.(q) Disconnection of Service: The locking of the curb or angle stop or removal of the water meter to prevent the use of water by the member (customer) or other consumer. Disconnection normally refers to termination of water service due to failure of the customer to pay his or her bill for water service, fees, and/or other charges.(r) Discontinuance of Service: This term normally refers to the customer’s termination of service other than in a delinquent payment situation.(s) Easement: A private dedicated area or corridor (right-of-way) for the installation of water mains and water system facilities and which allows access to such mains and facilities for future maintenance, replacement, and additional installations. (See Appendix 3)(t) Equivalent Dwelling Unit (EDU) or Equivalent Connection (EC): Water service provided through a standard connection of the Corporation, with a 5/8” x ¾” water meter being equal to one (1) EDU or one (1) EC. Larger water meters supply a larger water flow and have a larger EDU (EC) number.(u) Facilities Originator: The developer (person, persons, business Corporation, or other entity) that seeks to provide water system facilities for a specific parcel or parcels of land, for commercial or residential development of such land.(v) Final Plat: A complete and exact plan for the subdivision of a tract of lots into lots for marketing purposes, which has been approved by all regulatory agencies having jurisdiction over approval of the design, planning, and specifications of the facilities of such subdivision.(w) General Manager: The board of directors employs a general manager (or manager) to oversee the management of the day-to-day operations (office and field) of Rincon Water Supply Corporation, with authority to manage the Corporation’s activities and operations, subject to the orders of the Board of Directors.(x) Hazardous Condition: A condition which jeopardizes the health and welfare of the customers/consumers of the Corporation, or Rincon WSC employees, as determined by the Corporation or regulatory authority.(y) Liquidated Membership: A membership which has been canceled due to delinquent charges exceeding the deposit or for other reasons as specified in these Rules and Regulations. Water service shall not be provided to any person whose membership has been liquidated until a new deposit (membership fee) has been paid and all other applicable requirements for service as outlined in these RWSC rules and regulations have been satisfied.(z) Master Meter Multiple Unit: An authorized water connection to the corporation’s water system, consisting of one tap and appropriately sized meter utilized for two or more dwellings, businesses, or buildings. The meter and service lines must be sufficient size to service the customer’s water demand and as specified in the service agreement.(aa) Membership Fee: An amount of money charged to each member of the Corporation to secure the availability of water service. Typically, the Membership Fee is refundable, following payment in full of any bill(s) due to the Corporation, upon termination of the membership in the Corporation.(bb) Monthly Membership Charge: The monthly charge assessed each member (customer) utilizing an active water service of the Corporation. The monthly membership charge is based on the size of the member’s (customer’s) water meter and the possible amount of water that can be supplied by that meter and the associated potential demand.(cc) Manufactured Home or Manufactured Housing: a structure that is transportable in one or more sections that is not a Recreational Vehicle. This term shall include any structure defined as a mobile home, HUD-code manufactured home, or manufactured home as defined in Chapter 1201 of the Texas Occupations Code. Typically not for transient use.(dd) Manufactured Housing Park: Property on which parking spaces for manufactured housing is rented to the general public primarily for non-transient use and for which rental is paid at intervals of one month or longer.(ee) Person: Any natural person, partnership, cooperative cooperation, association, private Corporation, agency, or public or private organization of any character.(ff) Plumbing Code: All plumbing work done within the RWSC service boundaries shall conform to a plumbing code that meets the approval of the state of Texas (Texas state board of plumbing examiners).(gg) Project Development Agreement (PDA): The agreement (contract) between a developer connecting to the Corporation’s system and Rincon Water Supply Corporation. The PDA lists the requirements and responsibilities of each party, primarily in association with the rules and regulations of Section 3 of the rules and regulations (“project development policy”).(hh) Renter: A consumer (customer) who rents or leases property from a member of the Corporation and may otherwise be termed a lessee or tenant. Member may designate, in writing, that the Renter receive a monthly bill and that the Member will receive a copy of the monthly bill. Further, the renter will place an appropriate deposit on file with the Corporation.(ii) Re-Service: The provision of service to an applicant at a location for which service previously existed, and with costs of such re-servicing to be based on reasonable expenses.(jj) Rules and Regulations: The Tariff of Rincon Water Supply Corporation, which contains the Corporation’s published rates, fees, and conditions of service and associated policies and requirements. A copy of the “rules and regulations” is available upon appropriate payment of the reproduction cost.(kk) Recreational Vehicle: A vehicle which meets the following criteria; (i) Built an a single chassis;
(ii) 400 Square feet or less when measured at the largest horizontal projection
(iii) Self-propelled or permanently towable by a light duty tuck or vehicle; and
(iv) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.(ll) Recreational Vehicle Park: A property on which parking spaces for Recreational Vehicles is provided for use or rental and is primarily for transient short term use.(mm) Service: The provision of a water supply via the facilities of the Corporation and through a Corporation-owned meter also referred to as “standard service” and “non-standard service.” (i) Standard Service: The primary type of service provided through the facilities of the Corporation for the majority of residential and commercial customers.
(ii) Non-Standard Service: All service that does not fall under the category of “standard service” provided by the Corporation, including intermittent commercial/residential service, temporary service, bulk water sales, etc.(nn) Service (membership) Application and Agreement: A written agreement between the member (customer)/applicant and the Corporation listing the service requirements and responsibilities of each party. (See Appendix 1&2)(oo) Subdivision: An area of land (development area) that has been subdivided into lots for sale, rent, or lease.(pp) Subsequent User: A person or persons or Corporation or other entity, other than the “facilities originator,” that seeks a connection to the facilities constructed by the facilities originator.(qq) Subsequent User Fee: A fee charged to a subsequent user(s) for connection to the facilities constructed by the facilities originator, with such fee to act as a reimbursement for a portion of the cost of such facilities(rr) Surrendered Membership: A membership in which water service has been discontinued upon request of the member (customer) and all indebtedness due to the Corporation has been paid in full.(ss) System: The water system of Rincon Water Supply Corporation, including the purchased water facilities, water storage facilities, and the water distribution system and its appurtenances, and which produces, stores, and distributes potable water to those members (customers) served by RWSC.(tt) Temporary Service: The service classification assigned an applicant that is in the process of facilities construction, or other similar activity (road construction, drilling, livestock, etc.). Temporary service may be converted to permanent service in accordance with the policies of this Tariff.(uu) Transferee: An applicant receiving a RWSC membership by legal means from a person or entity desiring to forfeit and transfer current rights of membership to another person or entity.(vv) Transferor: A customer who transfers membership by legal means to another person or entity desiring to qualify for service at a property for which the membership is currently active.(ww) Volume Charge: A charge per 1,000 gallons of water consumed that covers the related costs of the Corporation as associated with the provision of water service to Corporation customers.(xx) Water Meter: A mechanical device utilized to measure a flow of water through a residential or non-residential service. All water meters purchased by the Corporation meet the applicable standards of the American Water Works Association (AWWA).
Article III. PROJECT DEVELOPMENTSection 3.01 GENERAL INFORMATION(a) Rincon Water Supply Corporation has a legal right to provide potable water to all properties within the boundaries (CCN) of the Corporation, in conjunction with the property owner or member (customer) fulfilling all the requirements of these rules and regulations and all other policies of the Corporation. All properties that are adjacent to a water supply line of the Corporation should obtain water supply from Rincon Water Supply Corporation.(b) No user/member water service lines shall be used to connect a user/member to a water main/line except where a main/line is within the area created by projecting water lines to the property of the user/member to be served. All water main/line extensions shall be located in a utility easement located on the user/member's property, in no case shall the water main/line be located in a public right-of-way without expressed written consent of the Corporation management and Board of Directors. In the event of a water main/line extension or development, the line shall be designed and constructed to extend to and through the property of the user/member/developer. If a main is not available immediately adjacent to the property to be served, the user must extend the main to a point within the area described above. All water main line extensions shall be solely at the cost of the user requiring the extension of the line. When the appropriate tap has been approved, a Corporate service line shall be extended from the main to the user/member's property boundary to connect into the user/member's service line at the meter.(c) Further, it is the intention, policy, and requirement of Rincon Water Supply Corporation to protect the integrity of the water distribution system and quality of the potable water served to the members and customers of the Corporation. Therefore, it is the policy of Rincon Water Supply Corporation that in the event of a developer requesting water service, said developer shall without cost to Rincon Water Supply Corporation construct and install an extension of the water distribution system such that the water flow is in a loop configuration and without dead end lines or mains.(d) No main shall be extended without being designed by the Corporation's professional engineer. The design of all water system improvements must be approved and accepted by the Corporation before construction can begin. The user/member/developer requiring the service shall pay all costs associated with obtaining the design, construction, and installation of the water utility improvements.(e) The materials for the mains shall conform to all requirements established by the Corporation. Though larger pipe may be required, in no case shall the pipe for any water main extension be less than four (4) inches (inside diameter), even when being extended from a smaller line, nor shall the materials be rated at less than two hundred (200) pounds per square inch working pressure.(f) The Corporation may stipulate locations where necessary peripheral equipment may be required, such as fire hydrants and valves. Further, the cost of these items shall also be borne by the user/member/developer making the extension. Because of the extremely critical nature of certain items, such as fire hydrants, the Corporation shall have the authority to specify the exact brands and models to be used.(g) The Corporation may require a main being extended to be over-sized (a larger diameter pipe than the diameter pipe normally required) to improve area service or accommodate future development. The Corporation's Board of Directors may approve payment of the over-size (material only) when it deems it appropriate to do so.(h) Rincon WSC is the sole provider of potable water within the Corporation’s Certificate of Convenience and Necessity (CCN), and shall have full control over potable water if such water source is used for water supply purposes (residential, non-residential, etc.).(i) Property owners (also referred to as developers) of undeveloped tracts of land (land on which water facilities have not been installed) located within the boundaries of the Corporation, are required to connect to the Rincon WSC water system. Upon initiating preliminary plans to either subdivide or otherwise build residential and/or commercial structures on their land, these owners shall contact the Rincon WSC about obtaining water service. They shall comply with the requirements contained herein, and they shall also comply with all other policies and requirements of the Corporation.(j) Rincon Water Supply Corporation is located within San Patricio and Aransas counties, Texas. All subdivision planning and platting must be handled in accordance with the policies and procedures of San Patricio County. The developer should first contact the Corporation’s general manager upon contemplation of development within the Corporation service boundaries.(k) The regulations and policies of this section (Article III of the RWSC Tariff - rules and regulations) shall apply to wholesale water customers of Rincon Water Supply Corporation to the extent that there is no conflict with Article VIII of these “rules and regulations.” Article VIII of the Rincon WSC Tariff outlines the policies and requirements associated with wholesale water customers obtaining water supply from the Corporation.Section 3.02 BASIS FOR CALCULATION OF PROJECT WATER DEMANDS(a) The basic water service within the Corporation is a one-inch water service line and 5/8” x 3/4” water meter. This basic service (residential service) shall be utilized as the basis for calculation of project water demands, unless otherwise determined by the Corporation’s general manager or RWSC consulting engineer.(b) All basic services with residential water meters (5/8” x 3/4”) shall be considered as one Equivalent Dwelling Unit, or one Equivalent Connection , with larger water services listed at corresponding higher Equivalent Dwelling Units.(c) The table outlines these equivalent dwelling units (EDU's) and the associated flows… (i) Water Meter Size EDU Maximum GPM Sustained Flow
· 5 / 8” x 3 / 4” 1.0 20.0 10.0
· 1 “ 2.5 50.0 25.0
· 1 1/2 “ 5.75 100.0 50.0
· 2 “pd 10.25 160.0 80.0
· 2 “turbine 12.0 200.0 100.0
· Note: any water meter two inch (2”) or larger must be approved by the board of directors, with consideration given to a computer model of the water system and recommendations from the RWSC general manager and RWSC engineer.(d) The Corporation’s average water usage and maximum water usage in gallons per day per connection is determined annually, and is utilized as a basis for calculation of potential demands for similar connections; the requirements of the TCEQ are also a factor in these calculations.Section 3.03 Minimum Water System Requirements(a) In conjunction with TCEQ regulations and requirements, and at a minimum, the distribution system must be designed to maintain a normal service pressure of 35 psi at all points within the distribution system network, and the system must also be designed to maintain a minimum pressure of 20 psi under maximum water flow conditions. Unless modified by an Alternate Capacity Requirement, the TCEQ requires a production capacity of 0.6 gpm per connection. Water storage is also based on TCEQ requirements.(b) ) Residential housing units shall be provided with a one-inch (1”) water service line at a minimum. Depending on the demand of the house/sprinkler system, either a 5/8” x 3/4” meter or 1” meter will be installed. Larger service lines and meters will be determined by the Rincon WSC General Manager, based upon the water demand of the unit. The water meter size shall determine the associated fees and charges that will be made to the customer.(c) Non-residential units shall be provided with the appropriately sized water service line and water meter as determined by the business process to be utilized within the non-residential unit and as submitted by the customer, with final determination to be made by Rincon WSC. (d) In order to deliver appropriate flows and maintain adequate pressures, the standard water main shall be no less than four inches (4”) in diameter. Over-sizing of water mains refers to any main size over 4” in diameter and sized for greater flow capacity than is required by the sub-division requirements.(e) Water system design and system construction shall be made in such a manner that no water connection from the drinking water system shall be interconnected with a non-potable system, unapproved system, or a system of questionable quality. If the elimination of such interconnection cannot be assured or if a potential connection exists, then the Corporation’s public drinking water supply shall be protected by an air-gap separation, or if this measure is not practical, protection of the drinking water system shall be maintained through the use of an approved and testable back flow prevention device. The Corporation’s policy pertaining to cross-connection control shall prevail in matters relating to the protection of Rincon WSC water system from cross-connections and potential cross-connections.(f) The above-listed items are not all-inclusive and additional water system requirements may be mandated by the Texas commission on environmental quality (TCEQ) and/or the Rincon Water Supply Corporation, and shall be applicable to potential and/or existing customers receiving services provided by the Corporation.
Section 3.04 Over-Sizing of Project Improvements(a) Over-sizing, as used in this section, refers to the amount of additional pipe length and/or pipe size, pumps, fittings, and other related appurtenances and facilities determined by the Corporation to be required to provide water service to all properties abutting, adjacent to, or beyond the development area, and in addition, any over-sizing of existing Rincon WSC facilities (pipe length/pipe capacity, pumps, fitting, and appurtenances) that would be necessary to maintain current Corporation services to existing customers at a level that would not impair the health and welfare of Rincon WSC customers and would meet all TCEQ regulations, including the elimination of dead-end water mains whenever feasible.(b) The developer (facilities originator) who requests the construction of facilities (pipe length/pipe capacity, pumps, fittings, etc.) shall pay all costs associated with the construction of facilities within his/her development area, including all costs associated with the upgrade or construction of other facilities as required by the Corporation.Section 3.05 Subsequent User Fees(a) Other developers and customers (subsequent users) that connect to the oversized facilities and make use of the additional pipe length/capacity, pumps, fittings, etc., that are in excess of that necessary to supply the development area of the facilities originator, shall reimburse the Corporation for the oversized facility(s), and this reimbursement by the subsequent user shall be known as the “subsequent user fee”, and shall be paid by the subsequent user prior to the user’s connection to the oversized facilities.(b) The subsequent user fee shall be paid in conjunction with other associated fees and charges collected by the Corporation. The subsequent user fee, for water facilities, shall be calculated on the basis of the number of EDU's(equivalent connections) that are assigned to the development area compared to the total number of EDU's that are contained in the oversized facilities. The subsequent user fee shall be assessed at the time that the connection is requested by or on behalf of the subsequent user and shall be determined on a cost-per-EDU basis, as calculated in the manner hereinafter described.(c) The cost calculations for the subsequent user fee shall be completed in the following manner: (i) The facilities originator shall pay the entire cost, including engineering, site development, installation and construction and all associated costs of the facilities.
(ii) The general manager or engineer, shall calculate the cost of the facilities, the cost-per-EDU, and the subsequent user fee.
(iii) The cost-per-EDU shall be established in the following manner;
1) The total capacity of the facilities in gallons per minute shall be determined by Rincon Water Supply Corporation.
2) The total number of EDU's available, as determined above, shall be divided into the total over-sizing of the facilities, the result of which shall be the cost-per-EDU (subsequent user fee).(d) The subsequent user shall be required to pay a subsequent user fee equal to the total number of EDU’s requested by the subsequent user, multiplied by the cost-per-EDU.(e) Any water main or water service that is connected to the oversized facilities for provision of service to another development or a unit or units outside of the original development area shall be subject to payment of subsequent user fees. Connections other than the above are not subject to subsequent user fee reimbursement if they are made within the development area. Connections made to the oversized facilities by the Corporation are not subject to subsequent user fee reimbursement.(f) No connection shall be made to any oversized facilities which would result in exceeding the capacity of such facilities.Section 3.06 Development Project Procedures(a) Criteria for approval or disapproval and right of access/easements (i) No project shall be considered for a development area for construction and final approval unless it meets the criteria imposed by San Patricio county and Rincon Water Supply Corporation, including payment of all related fees and charges, and the project must successfully complete the stages of project completion.
(ii) Throughout this subsection, when the Corporation’s board of directors has authority to disapprove a proposed development project, said disapproval may be made only because of detrimental engineering, economic, and/or operational impact of the proposed project on Rincon WSC water system, and not for aesthetic or other related purposes.
(iii) The board of directors may vote to withdraw a prior stage approval of a project development if such approval was based on written statements/commitments regarding the project development made by the developer or representative of the developer, and if such developer or representative has failed to timely comply with such written statements/commitments.
(iv) In the event the general manager determines that a developer has failed to timely comply with a prior written statement or commitment, a written notice, by both certified and regular mail, shall be submitted to the developer within five (5) days of the determination by the Corporation’s general manager that a failure to comply has occurred. The developer shall then have ten (10) days to comply with the written statements/commitments and to respond to the Corporation’s notice. The board of directors may discuss this item at a regular or special meeting of the board, and a decision as to the continuation or withdrawal of approval shall be made by the board of directors, and a letter shall be submitted to the developer informing him/her of the board’s decision.
(v) If the board of directors withdraws approval of the project and if construction activities are underway, then such activities shall be halted until the developer has complied with his written statement or commitment.
(vi) As a public water supply agency engaged in activities that affect the health and welfare of the residents of its service area, Rincon Water Supply Corporation has a right to access its facilities, with both personnel and equipment, for the reasonable performance of repair, maintenance, and operational duties, and this right of access shall not be abridged by any citizen or property owner.
(vii) The Corporation shall also have the authority to require easements for its facilities from developers developing land within the Rincon WSC service area boundaries - both on property owned by the developer that is under the process of project approval and on other property owned by the developer within the Corporation’s service boundaries. Easements required in conjunction with the developer’s project shall be granted at no cost to Rincon Water Supply Corporation. A request for an easement or easements may be made by the board of directors, the RWSC general manager, or the RWSC consulting engineer, and shall be submitted during Stage I or Stage II of the project development process. The easement(s) shall be finalized prior to the granting of Stage III approval by the board of directors.
(viii) Additionally, the developer shall obtain all necessary easements for any facilities, to be constructed by the developer, that are to be installed on property not owned by the developer, and these easements - or a letter of intent to furnish such easement or easements (as provided by the owner of the property) - shall be submitted by the developer to the Corporation prior to the board of directors’ consideration of Stage III approval.
(ix) As part of the development process, the developer shall have the easement prepared per the directions of Rincon Water Supply Corporation, and shall submit it to the Corporation and such approved easement(s) shall be recorded on the final plat and/or filed in the San Patricio county courthouse as required. All costs associated with the preparation of the easement(s) shall be borne by the developer. Section 3.07 Stages of Project Completion(a) Stage I. Project Feasibility (i) The costs for all expenses related to this stage of project, or development completion shall be borne by the developer. No reimbursements shall be made for engineering and legal costs of the developer, unless such reimbursements are for unusual circumstances and are specified in the “project development agreement”
(ii) Upon submission of request by a developer, or developer’s representative, for the board of director’s consideration of Stage I (project feasibility) approval, the developer or developer’s representative shall submit a deposit in one of the following amounts, depending on the size of the proposed development:
1) Development size Amount of deposit
· 0.1 - 20 acres $20,000.00
· 21 - 50 acres 25,000.00
· 51 - 100 acres 30,000.00
· 101 or more acres 35,000.00
(iii) This deposit shall be non-refundable and utilized for payment of the Corporation’s consulting engineer’s charges for engineering services and for any services performed by a legal consultant or other consultant for work related to the project. Charges will also be assessed for Rincon WSC employees’ work related to the development, at the standard hour rate plus ten percent (10%) overhead fees. Any deposit remaining after all charges have been rendered and paid from the deposit by Rincon WSC will be applied to the construction costs. Any charges that are in excess of the deposit will be billed during the Stage IV process and collected prior to initiation of Stage V. Finalization of the project will not occur until all outstanding charges are paid by the developer.
(iv) Each development project shall be reviewed and its feasibility determined based on the merit of that project as such project relates to the Corporation as a whole. The Rincon WSC board of directors shall determine the feasibility of each developer project, and the basis for this determination shall be the submission of the appropriate project feasibility materials, which shall include but not be limited to those listed below:
1) General Information
· Name of developer and name of developer’s representative and address(es) and telephone number(s).
· Name of engineering firm and engineer and address and telephone number.
· General description of development and its location within the Rincon Water Supply Corporation.
· Are there any easements required?
2) A map or drawing showing location of project, with:
· Number and size of lots
· Type construction (residential - single-family or multi-family, or commercial, etc.)
· General layout and size of water mains
· Other water system facilities
3) Maximum and average water demands:
· Number of Equivalent Dwelling Unit’s
· Flow requirements
· Computer model (performed by RWSC engineer)
4) Letter of recommendation from the general manager, which shall include:
· Compatibility statement - relating to the comparison of the development with the policies of the Corporation and a comparison with existing or in-process developments,
· Capacity statement - relating to the demands of the project and the effect upon the existing RWSC customers and services,
· Over-sizing statement - relating to the necessity for any facilities over-sizing to be completed by the developer, and
· Concluding recommendation - relating to the general manager’s positive or negative recommendation concerning the proposed development.
5) Each project shall be considered in the order as received and recorded in the Corporation office, and a project number (year-month-project) shall be issued to each project. In order to be considered by the board of directors on the date of their regular monthly meeting, Stage I materials must be received by the general manager at least twenty (20) days prior to the board meeting that the Stage I materials are to be considered by the board. (Note: this item may not be placed on the agenda if the stage I materials are not received as specified above).
6) After reviewing the project feasibility materials and considering any additional oral representations or other information concerning a project presented to the board at a regular meeting or special meeting, the board of directors may:
· Vote to approve the feasibility of the project and allow the project to proceed into Stage II;
· Vote to disapprove the feasibility of a project;
· Vote to table approval of the feasibility of the project until further information is provided by the developer or Rincon WSC staff or consultants to answer material concerns raised by the board;
· Vote to conditionally approve the project feasibility subject to such changes, additions, and modifications to the project including but not limited to, oral and written representations about the project made by the developer at the board meeting, which the board of directors deems material to the Corporation’s ability to meet its obligations to the project and/or other areas of Rincon Water Supply Corporation.
7) Projects which are disapproved may be reconsidered by the board of directors upon a significant change of facts pertaining to the project. A new set of “project feasibility materials” must be submitted to the general manager for those projects to be reconsidered by the board. Initial submittals or reconsideration submittals of project feasibility materials should be submitted to the general manager at least fifteen (15) days prior to the date of the board meeting in which the materials will be considered by the board of directors. (N o t e: the related agenda item may not be placed on the agenda if these materials are not received by the specified day and time).
8) If the board votes to approve or conditionally approve a project’s feasibility, the project may advance to Stage II of the development process. (b) Stage II. Preliminary Plat and Utility Plans (i) The cost for all expenses related to this stage of the development process shall be borne by the developer.
(ii) Stage iii shall consist of, (1) approval by the board of directors of the developers final plat, or record plat; (2) the submittal of all necessary easements; (3) the submittal of an acceptable letter of credit by the developer, in an amount equal to the estimated cost of the proposed water system improvements, including engineering and inspection fees; and, (4) the execution of a project development agreement by the Corporation and the developer.
(iii) For approval of a project’s final plat, the developer must file the final or record plat, and if applicable, a written statement by the developer accepting and agreeing to such additional features or attributes to the project not shown on the final plat or associated utility plans which are made part of a conditional approval of the project in either Stage I or Stage II of these rules and regulations. Such items, as described in the preceding, shall be filed in the office of the general manager not less than thirty (30) days prior to the meeting at which these items may be considered. (Note: the related agenda item will not be placed on the agenda if these materials are not received by the specified day and time). The plans shall be reviewed for correlation with the corporation's water system and compliance with related standards, and associated recommendations will be prepared by the RWSC engineer and the general manager.
(iv) In addition to the letter of credit, the developer and the Corporation shall enter into a “project development agreement”. This agreement shall act as a formal contract by and between RWSC and the developer whereby each party agrees to the project development policy in effect on the date of the approval of that particular project, and the developer assures the Corporation of compliance with all applicable rules and regulations and requirements of Rincon Water Supply Corporation and San Patricio county; moreover, the project development agreement shall include a covenant by the developer to comply with any and all representations of features or attributes of the project made to the board of directors by the developer, which are deemed material to the Corporation’s ability to meet its obligations to the project as completed and/or to other areas of Rincon Water Supply Corporation, and which are made part of a conditional approval of the project in Stage 1 and/or Stage II of this subsection of this document (rules and regulations).
(v) Upon successful completion of all requirements of this stage, including payment of all related costs and charges, the project may advance to stage III.(c) Stage III. Construction of Project Improvements (i) The cost for all expenses related to this stage of the development process shall be borne by the developer.
(ii) A pre-construction meeting shall be held between the Corporation’s representative(s) and project contractor’s representative(s) approximately ten (10) working days, and no less than five (5) working days, prior to commencement of construction activities within the development area. Notification of any contractor disruption of district services (e.g., water shut-off, etc.) shall be delivered to the general manager or other designated RWSC employee no less than seventy-two (72) hours prior to the service disruption.
(iii) An employee(s) of Rincon Water Supply Corporation shall make daily inspections of work in progress. Periodic inspections may be made by the Corporation’s engineer, and special inspections and special tests shall be made as required. The costs for inspections and tests completed by the RWSC engineer and those special tests and inspections required by the project shall be billed to the developer at Corporation cost. All standard inspections and tests shall be covered under a “standard inspection and test fee,” which shall be calculated as one-half of one percent (0.5%) of the total costs of water system installations. A billing for these inspections and tests shall occur at 50% and 100% of construction completion. Before the final acceptance of construction is granted, the costs of engineering review and all inspections and tests shall be paid to RWSC by the developer.
(iv) Prior to the final acceptance of the project, the Corporation’s general manager and the Corporation’s engineer shall prepare a “final check list” related to the project and shall verify the following:
1) All construction items shall be in compliance with the plans and change orders of the project;
2) All inspections and tests shall be satisfactorily completed;
3) All charges and fees shall be paid by the developer;
4) Three sets of as-built plans of all facilities, along with one set of reproducible as-built plans, shall be furnished to RWSC at the expense of the developer;
5) That the developer has complied with all other terms and provisions of the project development agreement (PDA). The RWSC engineer shall also certify that all items have been completed per the requirements of Rincon Water Supply Corporation.
(v) Upon successful completion of all requirements of this Stage IV, as described above and verified by the general manager, and after delivery to RWSC of a copy of the recorded deed restrictions on the lands within the project, the project may advance to Stage IV.
(d) Stage IV Final Acceptance of Project (i) The costs for all expenses related to this stage of the development process shall be borne by the developer.
(ii) (ii) After all approved off site and/or on site system improvements have been constructed, including all oversized facilities, and released for acceptance for permanent maintenance by the Corporation, Rincon Water Supply Corporation shall be furnished with conveyance instruments, transferring title to RWSC, of all property, right-of-way, equipment and facilities installed as a part of the project system improvements.
(iii) (iii) After receipt of the materials listed above, the RWSC general manager shall submit, to the board of directors, a “conveyance instrument” executed by the developer. The general manager shall provide his/her associated recommendation regarding the project. The board of directors shall vote on the acceptance of the completed project at a regular or special meeting of the board.
(iv) (iv) The conveyance of title to Rincon Water Supply Corporation, the payment of all related charges associated with the project by the developer, and the board of directors’ positive vote concerning the project shall constitute final acceptance of the project by Rincon Water Supply Corporation and shall end the development process for the project under that particular development agreementSection 3.08 Developments within City Limits or Extraterritorial Jurisdiction of a City(a) In addition to the above, If the development project occurs inside a City Extraterritorial Jurisdiction (ETJ) or proposed Extraterritorial Jurisdiction the following will apply (i) Design and construction of developments are under the authority of the City.
1) If required the subdivision must be approved by the City prior to any design and/or construction activities commence.
2) If required, subdivision development, or service connection design and construction may be under the inspection of the City to assure adherence with sub-division standards and policies.
(ii) Unless approved by the Corporation's Board of Directors, all new development within the area of the Corporation's authorized Certificate of Public Convenience and Necessity (CCN) shall connect to the Corporation's water system and provide adequate potable water for domestic water use and fire protection.
1) Standards
- The developer shall install adequate water appurtenances (including valves, fittings, and fire hydrants), subject to Corporation and State specifications. All water mains shall be looped and sized in accordance with the Rincon Water Supply Corporation Standards, Specifications and Details.
- Subdivisions with tracts of five (5) acres or less are presumed to be residential developments unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds. The establishment or residential developments with tracts of five (5) acres or less where the water supply does not meet the minimum standards of the Section are prohibited.
- Sub-dividers who propose to develop land within the CCN of Rincon Water Supply Corporation (RWSC) and supply drinking water by connecting to the RWSC water system must provide a written agreement with RWSC. The agreement must provide that RWSC has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years. The agreement must reflect that the sub-divider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the RWSC public water system so that service is immediately available to each lot.
- The location of all fire hydrants and all water supply improvements shall be shown on the preliminary plat. All fire hydrants and water supply improvements shall be in utility easements dedicated by plat or other recorded instrument.
- Mains.
- No main shall be less than six (6) inches in diameter.
- Mains shall be sized to allow for a minimum flow of 500gpm and a residual pressure of not less than 20psi
- Mains shall be constructed at a minimum AWWA class C-900 PVC pipe
- Residential Subdivisions.
- Fire hydrants in residential developments shall be located at development entrances and at appropriate street intersections determined by spacing criteria.
- Additional hydrants shall be spaced along roadways in accordance with the regulations required by the State Fire Marshal's Office, (no habitable structure shall be more than five hundred (500) feet from the nearest hydrant by lay of fire hose).
- Hydrant connections to the mains shall be no less than six (6) inches.
- All Other Subdivisions.
- In nonresidential subdivisions, fire hydrants shall be spaced no greater than three hundred (300) feet apart measured within rights-of-way.
- Hydrants shall be placed at development entrances and at other strategic places. Water mains shall be no less than 8 inches in diameter.
- Mains shall be looped.
- Fire Hydrant Access
- All hydrants shall be installed in such a manner as to be unobstructed and easily accessed by the Fire Department at all times.
- All locations are to be approved by the City Fire Department. All fire hydrants and waterline extensions serving fire hydrants shall be in utility easements dedicated by plat or other recorded instrument.
- Hydrants shall be placed a minimum of three (3) feet from roadways and driveways.
- There shall be a minimum of three (3) feet working clearance around every hydrant.
- Hydrant Specifications.
- All fire hydrants shall be approved by the respective City
- shall have one (1) 4.5-inch steamer and two (2) 2.5-inch ports (inside diameter).
- Hydrant outlet threads shall have the National Hydrant (NH) standard external threads for the size outlet supplied.
- Hydrant Protection
- Fire hydrants shall have four (4) guard posts placed not less than three (3) feet or more than five (5) feet from the hydrant.
- Posts shall be no less than three (3) inch diameter metal pipe, concrete filled and painted yellow.
- Posts will not be placed in such a manner to be directly in front of a port or obstruct Fire Department use.
(iv) Construction Standards
1) General Notes
- Prior to construction, contractor/developer shall contact all underground utility locator organizations such as but not limited to Texas 811 and request that all underground utility(s) be located and identified.
- Prior to construction of any water pipeline for Rincon Water Supply Corporation (RWSC), the contractor/developer shall pot hole utilities or pipelines to be crossed with the new water pipeline and provide field cover and diameter of utilities to owner.
- No additional monies shall be paid for any potholing or dewatering required to install the water pipeline.
- The contractor/developer shall coordinate line crossings with pipeline or utility line owners. No additional costs will be approved for crossing under existing utilities.
- Contractor/developer shall repair any damage to existing utilities, pipelines, fences, driveways, pavement, farm land(s), roads, etc. caused during construction to pre-construction condition with the same materials at no additional costs to owner.
- Excess spoil shall not be removed from the property without written permission of the property owner and RWSC.
- SWPPP controls shall be installed prior to construction.
- Contractor/developer is responsible for staking of the pipeline line. Staking must be approved by RWSC.
- All installations of pipes, valves, fittings, or appurtenances shall be thoroughly flushed in accordance with AWWA Standards to remove all air and contaminants prior to disinfection. All water used for flushing and disinfection of pipes, valves, fittings, or appurtenances shall be metered and billed to the contractor/developer at bulk water rate.
- The water pipeline shall be disinfected in accordance with AWWA Standards. Any flushing of hyper chlorinated water shall be de-chlorinated in the same fashion.
- Following disinfection and flushing the contractor/developer shall test the installed water system for microbiological contamination as per 30TAC290.
- All installations shall be inspected and approved by the RWSC General Manager or his designee prior to being covered with backfill.
- All installations of pipes, valves, fittings, or appurtenances shall be pressure tested in accordance with AWWA Standards prior to acceptance. The pressure test shall be witnessed by the RWSC General Manager or his designated employee.
- All installation of pipe or appurtenances shall include a #14 copper or copper clad steel insulated trace wire that terminates above ground in an acceptable waterline marker/trace wire station.
- The water distribution system must be constructed in accordance with the current Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for public water systems 30 Texas Administrative Code (TAC) Chapter 290 Subchapter D. When conflicts are noted with local standards, the more stringent standard shall apply. Construction for public water systems must always, at a minimum, meet TCEQ's rules and regulations for public water systems.
- RWSC shall notify in writing the local TCEQ's Regional Office when construction begins. Please keep in mind that upon completion of the water works project, RWSC will notify the Water Supply Division in writing as to its completion and attest to the fact that the work has been completed essentially according to the plans and change orders on file as required in 30 TAC290.
- All newly installed pipes and related products must conform to American National Standards Institute (ANSI)/NSF International Standard 61 and must be certified by an organization accredited by ANSI, as required by 30TAC290.
- Plastic pipe for use in public water systems must bear the NSF International Seal of Approval (NSF-PW) and have an ASTM design pressure rating of at least 200 PSI or a standard Dimension Ratio of 26 or less as required by 30TAC290.
- No used pipe shall be accepted or relocated for use in any RWSC drinking water supply.
- Water transmission and distribution lines shall be installed in accordance with the manufacturer's instructions. However, the top of the water line must be located below the frost line as required by 30TAC290 and in no case shall the top of the water line be less than 36" below ground surface.
- Pursuant to 30TAC290 the hydrostatic leakage rate shall not exceed the amount allowed or recommended by the most current AWWA formulas for PVC pipe, Cast Iron and Ductile Iron Pipe.
- The hydrostatic leakage rate for Polyvinyl Chloride (PVC) and appurtenances shall not exceed the amount allowed or recommended by formulas in American Water Works Association (AWWA) C-605 as required in 30TAC290. The contractor/developer is responsible to ensure the formula for this calculation is correct and the most current formula is in use.
- The maximum allowable lead content of Pipes, Pipe Fittings, Plumbing Fittings, and Fixtures shall not exceed 0.25%.
- Pursuant to 30TAC290 and RWSC requirements, accurate water meters shall be provided at all service connections. All water metering equipment or meters shall meet RWSC requirements. Service connections and meter locations shall be shown on the plans.
- Pursuant to 30TAC290 and pursuant to the RWSC Tariff the system shall be designed to afford effective circulation of water with a minimum of dead end mains. When there is no choice other than the installation of a dead end main, all dead end mains shall be equipped with acceptable flush valves and discharge piping. Further, all dead end mains shall be equipped with an accurate meter for logging the flow through the flush valve.
- Pursuant to 30TAC290 water lines shall not be installed closer than 10 feet to septic drain fields.
- Pursuant to 30TAC290 the contractor shall not place the pipe in water or where it can be flooded with water or sewage during its storage or installation.
- The contractor shall disinfect the new water mains in accordance with AWWA standard C-651 and then flush and sample the lines before being placed into service. Samples shall be collected for Microbiological Analysis to check the effectiveness of the disinfection procedure which shall be repeated if contamination persists. A minimum of one sample for each 1,000 feet of completed water line will be required or at the next available sample site as approved by RWSC in accordance with 30TAC290, whichever provides the greatest number of Microbiological samples.
- All samples must be taken on a single day and delivered to the laboratory for analysis within 6 hours of taking the sample in accordance with laboratory standards.
- All samples in a set must show no microbiological contamination, if a single sample in a set is contaminated the entire set must be retaken following additional flushing and disinfection of the installed pipes, valves, fittings, and appurtenances.
- The project developer is responsible for obtaining of all easements, rights of way, permits for construction, or any other required local, county, or state permits.
- The developer is responsible for platting, surveying, and staking of all lots and utilities in his/her subdivision.
- The developer shall have or cause to have all existing utilities located and identified prior to commencement of any excavation (see General Notes #2 & #4).
See Appendix 7
Section 3.09 RV Parks, Apartment Complexes, Hotel/Motels, Multi-family DwellingsIn addition to the above, RV Parks, Apartment Complexes, Hotel/Motels, and Multi-family Dwellings must comply with the following.
(a) Water Meter Sizing1) The minimum size water meter for an RV Park or Hotel/Motel shall be 1"
2) Water meter size shall be determined according number of units or connections
- Each RV or Hotel/Motel room shall count as one (1) connection
- The number of connections per meter shall be determined as follows
- The maximum number of connections allowed on a 1" meter shall be 10
- The maximum number of connections allowed on a 2" meter shall be 30
- Larger meters shall be determined on a case by case basis
- The private water distribution system within the RV Park or Hotel/Motel shall be designed and constructed such that the minimum residual pressure under all conditions is 35psi.
- Meter sizing shall also be dependent on water main size
- A 1" or 2" water meter shall be connected to a minimum 4" size water main, depending on the number of existing connections already being served by the water main.
- Larger meters shall require larger water mains and shall be sized and designed by the Corporation's Engineer
- RV Parks shall pay a minimum monthly charge per unit, slot, space, or connection of capacity whether occupied or not in accordance with the Schedule of Rates, Charges, and Fees
- Hotel/Motels shall pay a minimum monthly charge per unit, guest room, space, or connection of capacity whether occupied or not in accordance with the Schedule of Rates, Charges, and Fees
- Master Metered Apartments and Multi-family Dwellings shall pay a minimum monthly charge in accordance with the Schedule of Rates, Charges, and Fees.
- Grandfathering
- Existing RV Parks, Hotel/Motels, Apartments, and Multi-family Dwellings are grandfathered under the old policy until such time as any of the following occurs:
- The addition of units, spaces, guest rooms, or dwellings
- Change of ownership
- Major changes to plumbing or plumbing systems
- Renovation or remodeling
Article IV. PROVISION OF WATER SERVICESection 4.01 Service Entitlement(a) Rincon Water Supply Corporation is the sole retail potable water provider within its CCN(s) (certificate of convenience and necessity), and shall have the ability to exert control over retail potable water service within its water service boundaries.(b) An applicant applying for Corporation membership shall be considered fully qualified and entitled to water service when proper application has been made, terms and conditions of service provision have been met, and all fees, deposits, and charges have been paid as prescribed by these rules and regulations (RWSC Tariff). Additionally, a “customer service inspection” (CSI) shall be required for all new water service connections, service transfers, service disconnect/reconnect, including non-pay disconnect/reconnect, prior to receiving permanent water service from Rincon WSC and in accordance with the Corporation’s cross-connection control program. Further, all new water service connections, service transfers, or if service has been discontinued, including non-pay disconnect, and re-connection is desired the applicant shall at his/her expense have installed and tested, within a time period of not more than 30 days, by a licensed installer, a back flow prevention device as determined by the Corporation's General Manager within 18" of the meter with no connections between the meter and the back flow prevention device as per the Corporation's Cross-connection Control Policy (section 7&8).(c) Service entitlement (membership) shall only remain in effect when the conditions described in subsection 4.01.b are constant and valid.Section 4.02 Application For Service(a) Any person providing a valid form of identification (Texas drivers license, drivers license from state other than Texas, or other similar form of identification -- with picture of applicant), and be a property owner (indicated by providing a copy of the deed to the property) within the RWSC service area, may file an application for service to that property and seek to become a member (customer) of Rincon WSC. All applications for service will be made on the Corporation’s Service Application and Agreement (Appendix 1&2) form and will be signed by the applicant before membership is approved and water service is provided by Rincon Water Supply Corporation. Additionally, anyone who is qualified to be a member and requests water service form the corporation must provide an easement in the name of Rincon Water Supply Corporation to allow extension of water lines across the applicant property if necessary. (Appendix 3)(b) Service to newly developed subdivisions: (i) No application for service in a subdivision (development area) shall be approved unless the developer of the subdivision has fully complied with all the requirements of Article 3 (“project development policy”) of these rules, including, without limitation, payment of all charges and fees owed by the developer.
1) If two or more meters are used to provide water service to a single contiguous tract of land, the Corporation shall not transfer one or more of the service deposits, if such service transfer will result in service to a subdivided tract of land where all the requirements of Article 3 have not been satisfied.
2) An applicant must provide information showing compliance with all county ordinances applicable to subdivisions. This information shall include a copy of the recorded deed conveying the property to the applicant and a copy of the recorded plat depicting the property.
(ii) Upon transfer of title to property, the new owner(s) must comply with the “one dwelling per meter policy” contained in these rules. If additional service connections are required, the transfer applicant must pay for the corresponding number of connection fees, membership fees (deposits), and all other associated charges.Section 4.03 Requirements For Service(a) The Corporation’s Service Application and Agreement (Appendix 1&2) Form shall be completed in full and signed by the applicant. The applicant will also be responsible for having a “customer service inspection” (Appendix 5) and Back Flow prevention device installed (Appendix 4) (Cross-Connection Control Policy section 7&8). The applicant shall provide proof of ownership, (usually by providing a copy of the executed deed) or other legal right to occupy property for which service has been requested. (b) The applicant will bear the responsibility for obtaining a “Customer Service Inspection” (CSI) within 30 calendar days of the date of service application. This inspection shall be conducted by a licensed Customer Service Inspector or a licensed Water Supply Protection Specialist upon application for service, new service, service transfer, following plumbing upgrade of residence or business, sale or transfer of property ownership, or following account closure due to non-pay or abandonment. The applicant shall bear the responsibility for the expense of the inspection and all associated upgrades or repairs to the plumbing system required for compliance. The inspector shall use the Texas Commission on Environmental Quality approved form provided by RWSC for the inspection and shall provide the original, indicating a satisfactory inspection, to Rincon Water Supply Corporation before continuous water service may be initiated. Further the applicant shall be responsible for the installation of an approved shut off valve located on the customer side of the meter within 18" of the meter as described in Section 5.04 of this document. Additionally, the applicant shall bear the responsibility and cost for the installation and testing of an approved backflow prevention device to be installed within 18" of the water meter and within 30 calendar days of the application for service. The installation shall be completed by a qualified person and the testing shall be completed by a TCEQ approved, licensed and qualified tester in accordance with the Rincon Water Supply Corporation's Cross-connection Control Program. The BPAT Inspector shall use the TCEQ approved form, and return the completed original to RWSC for filing.(c) For application purposes, acceptable forms of identification would be a driver license or Texas identification card issued by the department of public safety. If the membership fee (deposit) is going to be in the name of a Corporation or other similar entity, the applicant’s signature will also contain the testimony that the applicant is an authorized agent of that Corporation or entity.(d) All service applications approved and cost of service fees charged by the Corporation shall be presented to the applicant in writing, and shall be valid at such time that the application is processed.
Section 4.04 Application Verification(a) The customer service clerk will receive the application for processing. The clerk will ensure that all required information is included on the form. A copy of the application will be provided to the applicant upon completion of the application process.(b) The general manager will determine if this new account can be served by an existing tap or if a new tap is required and appropriate fees will be charged in either circumstance.(c) A search will be made in the “bad debt file.” This is to ensure that the applicant does not have an outstanding debt owed to the Corporation on any previous accounts. Past due accounts must be paid in full before membership is approved and water service is authorized. Section 4.05 Additional Requirements(a) A right-of-way easement form, approved by the Corporation, must be completed by the applicant for the purpose of allowing future extensions or facility additions to provide improved service to applicants and customers.(b) If the water main has not been located in the public right-of-way and is adjacent to applicant’s property, but no easement exists for this water, the applicant, prior to receiving the requested membership and service, shall grant easement to Rincon WSC, if so required by the Corporation.Section 4.06 Membership and Membership Fee(a) Eligibility for membership shall not guarantee service to the applicant. However, qualification for service is a prerequisite to membership eligibility for new applicants.(b) Upon qualification for service, qualification for membership and payment of the required fees and charges, the Corporation shall initiate a membership in the Corporation, which shall entitle the applicant/member to one (1) connection to the RWSC water distribution system. The membership certificate (membership) also entitles the member to one (1) vote in the conducting of any annual or special membership meeting of the Corporation, as prescribed by the Corporation by-laws. Ownership of more than one (1) membership certificate (membership) shall not authorize the member to cast more than one (1) vote at any annual or special membership meeting. A renter is not a member as defined by the Tariff.(c) It is the responsibility of the member to maintain the correct record of that member’s membership status (mailing address, phone number, etc.), so that the Corporation may contact the member as necessary and conduct billing activities, and that the proxy and notice of annual membership meeting may be mailed to the correct address of that member. The membership roll (list) that exists at such time that the meeting notice and proxy form is mailed to the members shall be the valid membership roll (list), and any changes/updates to this membership list should be made prior to this mailing date.(d) At the time the application for service is approved, a membership fee must be paid by the applicant for each tap or meter before service shall be provided or reserved for the applicant by the Corporation. The membership fee is based on the size of the meter. The basic membership fee is derived from a 5 / 8” x 3 / 4” water meter, with a multiplier of 1.0. Larger meters have a larger multiplier. The membership fee is calculated by multiplying the basic membership fee times the multiplier. If a meter size is increased per the request of the customer, then he or she will also increase the membership fee as illustrated below, by paying the difference between the membership fee for the original meter size and the increased meter size. (i) Water meter size Multiplier
· 5 / 8” x 3 / 4” 1.0
· 1” 2.5
· 1 ½” 3.0
· 2” 5.0
(ii) When a change in ownership of a service occurs, the new owner will be required to pay the necessary amount to compensate for the current membership fee for that service.
(iii) If a member or applicant has filed a petition for relief in U.S. Bankruptcy Court, RWSC may require a deposit to ensure payments for service in accordance with 11 U.S.C. 366.(e) Renter’s deposit: the membership fee, as outlined above, is that membership fee to be paid by the owner of the property (property owner) whereby the tap and meter are installed and/or if active service is to be provided. If the customer is renting the property (renter), then such person or entity shall pay the “renter’s deposit,” which shall be two hundred fifty percent (250%) of the property owner’s membership fee.(f) Record keeping: the information on the deposit for that service will be entered in the computerized membership ledger. The original of the membership application and all associated paperwork shall be retained in the records system of the Corporation. The new member shall be given a photo-copy of all membership paperwork associated with his/her membership.Section 4.07 Membership Transfers and Refunding a Certificate(a) Membership transfer where water service has not been disconnected. Where water service has not been disconnected by Rincon WSC, a membership may be transferred to a new owner, or purchaser of property under contract for deed, upon the member’s full payment of all amounts owed for water service (including all related charges), tender his/her membership certificate, and payment of membership transfer fee. The former member will not receive a refund of the membership fee (deposit) when membership has been transferred. All rights of membership will be assigned to the new member.(b) Refunding a certificate (membership). If the member wishes to discontinue service and surrender his/her membership certificate and the ability to receive water service from Rincon Water Supply Corporation, the member must follow the procedures listed below. All membership fees are refundable in accordance with the policies of Rincon WSC. (i) Surrender the certificate with the member’s signature and date on the back of the certificate. If the spouse is listed on the application, he or she may authorize discontinuance of service and surrender the certificate. However, the refund will be issued only in the customer’s name.
(ii) If a member cannot produce the certificate, the member must complete a “lost certificate form.” This form will be placed in the member’s file.
(iii) The member must fill out a “discontinuance of service” form.
(iv) The member’s final bill must be paid in full prior to refund of the membership fee.
(v) The customer service clerk will prepare and process the refund check request. The check will be signed and issued as soon as possible after the account is closed.
(vi) All related information, pertaining to the refunding of a membership fee, will be processed and recorded by the customer service clerk in accordance with Rincon WSC policies.(c) Membership(s) shall not be transferrable from one lot or tract of land to another. Should the member purchase another lot or tract of land this will require a new membership application and service agreement to be completed and the owner shall comply with all the rules and regulations contained herein.Section 4.08 Survivor's Claim of Certificate(a) Upon the death of the member, the designated heir or executor of the estate, as authorized by law, shall be required to bring proof of ownership, identification, and a copy of the death certificate of the member.(b) All documents will be verified under the claimant’s signature. If the claimant desires membership and service at this location, a new membership application will be issued in accordance with the policies of the Corporation. The designated heir or executor (claimant) may be entitled to a credit of the service membership fee of the deceased customer if not requesting continued service from the Rincon WSC. If the claimant desires continued service at this service address, he or she may be required to pay an appropriate amount to bring the membership fee to the current monetary level. There will be no administrative fees charged for this type transaction. In order to be granted a membership certificate, the claimant must meet all the requirements of the membership process as outlined in this Tariff.(c) The information pertaining to a “survivor’s claim of certificate” will be recorded and processed by the customer service clerk and will be placed in the current member’s(customer’s) file.
Section 4.09 Cancelation and Re-assignment of Membership(a) Cancellation of membership due to non-compliance: all members (customers) of the Corporation are obligated to comply with this Tariff (rules and regulations), and with all other policies of Rincon Water Supply Corporation. In the event that any member (customer) fails to comply with the provisions of these rules, or any other policies of the Corporation (unless stated otherwise in writing), the Corporation shall give the written notice of such non-compliance at the member’s address giving the member ten (10) days to comply. If the member (customer) has not complied within ten (10) days of the date of the written notice, Rincon WSC may cancel membership and the member’s (customer’s) ability to obtain water service from the Corporation.(b) Cancellation of service due to insufficient funds check: Disconnection of water service will be carried out immediately and service will not be restored until such time as the insufficient check is redeemed via cash, money order, cashers check, or other certified funds. Should the insufficient returned check not be redeemed within 5 days on the sixth day it will be turned over to the San Patricio County Attorney’s office for collection and possible prosecution.(c) Re-assignment of canceled membership (service): the Corporation, upon cancellation of service provision under the auspices of these rules and regulations, may re-assign the water service (membership) rights thereby granted to any person who satisfactorily demonstrates eligibility for membership and associated obtainment of Rincon WSC service.Section 4.10 Membership Transfer and Unclaimed Membership Fee(a) A member may transfer membership as provided in the policies of Rincon Water Supply Corporation. However, all penalties and late charges due from the transferred membership must be paid in full prior to the transfer of the membership. Further all conditions of the current tariff must be met prior to membership transfer.(b) An attempt will be made to distribute the refunded membership fees to those prior members that have closed their account with the Corporation. All membership fees that are not claimed within sixty (60) days after the account is closed shall be transferred to the “unclaimed membership fee” category. (c) The Corporation shall annually file a report with the Texas comptroller of public accounts on November 1st identifying all service membership fees which are presumed abandoned on June 30th of that year. The property report must include the information as required by the Texas property code, title 6, “unclaimed property,” section 74.101, as amended.
(d) Owners and Renters (i) Any member who rents or leases property to other persons, with the property receiving Corporation water service according to the terms of this Tariff, such member shall be responsible for all charges and fees due Rincon Water Supply Corporation. At the member’s written request on the applicable form (Appendix 9&10), the Corporation may bill the renter or lessee for water service, but the member (owner) shall remain responsible for any and all unpaid bills, charges, and penalties not paid by the renter or lessee.
(ii) The owner (member) shall be required to sign a RWSC “alternate billing agreement.” If applicable, the member may take the responsibility for all necessary deposits from the renter/lessee to ensure payment of a past due bill. The member will receive a copy of the renters water bill monthly, thus the member can be assured of the current status of the renter.
(iii) To ensure water service payment from non-owners (renters) of property, all renters must submit a service deposit to the Corporation that is two hundred-fifty percent (250%) of the membership fee paid by the member. Section 4.11 Denial or Discontinuation of Service(a) Rincon Water Supply Corporation may deny or discontinue water service for the following reasons: (i) Failure of the applicant or customer to complete all required forms and pay all required fees and charges.
(ii) Failure of the applicant or customer to comply with rules, regulations, policies, and programs of Rincon Water Supply Corporation.
(iii) Existence of a hazardous condition, including actual or potential cross-connections, which upon making or continuing water service connection at the applicant’s property, would possibly jeopardize the health and welfare of those persons using Rincon WSC water supply system.
(iv) Failure of the applicant or member (customer) to provide ready access to his/her property, in conjunction with the Corporation’s need to investigate and/or perform a survey that would determine the status of actual or potential cross-connections on such property.
(v) Failure of applicant or customer to comply with all governmental rules and regulations of the Corporation on file with the state regulatory agency governing the service application made by the applicant.
(vi) Failure of applicant or customer to provide proof of ownership interest of the property, for which the tap or service has been requested, to the satisfaction of Rincon Water Supply Corporation.
(vii) The service facilities of the applicant or customer are inadequate or of such character that service cannot be provided in a safe or satisfactory manner.
(viii) The property to which application for service has been made is in violation of county subdivision rules and regulations or other county regulations that would prevent provision of water service.
(ix) Serving the property is prohibited by sections 212.012 or 232.0047 of the Texas local government code, which requires certification of compliance with plat requirements prior to connection of water, sewer, electricity, gas, or other utility service.
(x) No more than one dwelling or business shall be connected to a single meter on the property, unless the service location qualifies for a master meter service under the rules and regulations (Tariff) of RWSC, and as determined by the general manager or the board of directors.
(xi) Allowing the member/customer account to become delinquent (payment returned by bank).(b) In the event the Corporation refuses to serve an applicant under provisions of this Section of this Tariff, the Corporation must notify the applicant on the appropriate form. The applicant may appeal this refusal of service, under the procedures outlined under subsection 1.05 of these rules and regulations.(c) The following items shall not constitute sufficient cause for the refusal of service to an applicant: (i) Failure to pay a bill to correct previous under-billing, due to misapplication of rates, if under-billing occurred more than six (6) months prior to the date of application.
(ii) Violation of RWSC rules and regulations or policies pertaining to the operation of non-standard equipment or unauthorized attachments which interferes with the service of others, or other services such as communication service, unless the customer has first been notified and been afforded reasonable opportunity to comply with RWSC rules and regulations and other policies.
(iii) Failure to pay a bill of another customer as guarantor thereof, unless the guarantee was made in writing to the Corporation as a condition requisite to provision of the service.Section 4.12 Metering of Multi-Family and Multi-Use Facilities(a) Definitions: (i) Multifamily = apartments and other similar facilities that have two or more dwelling (living) units occupied primarily for non-transient use, including a residential condominium, and if rented the rental is paid at monthly intervals. Further, the account holder will pay a monthly surcharge per unit, rented or not, as outlined in the Schedule of Rates, Charges, and Fees.
(ii) Manufactured home rental community = a property which contains three or more mobile-home spaces that are rented and rental is paid on a monthly basis. (For the purpose of these rules, this type rental community is treated in the same manner as “multifamily” and “multiple-use facilities”).
(iii) Multiple-use facility = a non-residential complex or marina with two or more units which are occupied primarily for non-transient use and are rented for intervals of one month or longer.
(iv) RV Park = A property on which parking spaces for Recreational Vehicles is provided for use or rental and is primarily for transient short term use.(b) Owners of properties shall have the option to request that Rincon WSC furnish individual meters for each living unit of their facility, under the condition that they abide by the Corporation’s rules and regulations and that they pay for all applicable charges and fees. In all instances the property owner shall be responsible for the monthly charges incurred by the renter, tenant, or lessee that is individually metered by Rincon Water Supply Corporation.(c) For the individually metered services furnished by Rincon WSC at the request of the property owner, the owner shall be responsible for payment of all charges and fees related to service connections, membership fee(s), and other fees and charges as outlined in Article 7 (“rates, charges, and fees”) of these Rules and Regulations, and all other applicable charges, rates, and fees as approved by the Corporation’s Board of Directors. (d) Rincon WSC general manager shall specify the location of the service connections and meters that are considered for installation for the living units/rental units, and the property owner shall be informed of the requirements of this installation. The property owner shall be responsible for all activities and all costs involved in the installation of the private water service lines from the Rincon WSC water meters to the individual living units and/or rental units.(e) The Corporation’s general manger shall consider the request from the property owner for individually metered water services for the living units/rental units owned by the property owner, and he/she shall grant the request if it is feasible for the Corporation, and if feasible the manager shall commence the meter installations after all applicable rates, charges, and fees have been paid and all applicable policies and regulations followed.(f) The property owner shall also have the option to request the installation of a master meter by Rincon WSC for provision of water service to all living units/rental units under the ownership of the property owner. All applicable charges, fees, and costs must be paid by the property owner, and all policies and regulations followed, prior to the installation of the master meter and commencement of water service. (g) If the property owner rejects the option of the installation of individual water meters by Rincon WSC and requests the installation of a master meter, then the property owner shall be required, in accordance with TCEQ regulations (Chapter 291, Texas Administrative Code), to institute sub-metering of individual living units/rental units at his/her own expense.
Article V. CONNECTIONS TO RWSC WATER SYSTEMSection 5.01 Provision of Water Service(a) All residential and non-residential buildings and other facilities within the CCN service area and boundaries of the Corporation shall connect to the RWSC water supply system. The cost for water service provision from the RWSC water supply system shall be wholly borne by the customer (member) or developer.(b) All connections to the Corporation’s water supply system shall be made in accordance with the rules, regulations, and specifications of the Rincon Water Supply Corporation. All expenses incurred in the making of water service connections shall be fully applied to the party or parties requesting the connection(s).(c) The water meter and all associated fittings and service line, from the water main through the discharge side of the meter (at the connection of the discharge side meter coupling), are owned by and the property of the Rincon Water Supply Corporation.Section 5.02 Metering Requirements and Regulations(a) No more than one dwelling or business may be connected to a single meter, unless the water service qualifies for a master meter service and the master metered service is approved by the Board of Directors and the Corporation's General Manager (Section 4.12).(b) Separate and individual water meters are required for residential customers, non-residential buildings under one ownership, and other similar customers with separately defined entities. These residential and non-residential customers shall have a separate water meter and customer service line for each defined property or each defined business entity. All residences, townhouses, condominiums, or commercial facilities that are to be individually owned, with definitive and designated ownership, must have an individual water meter and customer service line.(c) Duplexes, apartments, trailer parks (three or more trailer homes), RV parks ( with 3 or more units), and other multi-resident facilities, or governmental buildings, schools, and other similar structures or groups of structures, may be served by a master meter. The size of the master meter will determine the minimum monthly charge, per the policies of the Corporation. The property owner shall pay to Rincon Water Supply Corporation a monthly fee per unit, space, apartment, duplex, or residence as outlined in the schedule of Rates, Charges, and Fees.(d) Relocation of meters and taps shall not be allowed by the Corporation.All charges for installation of taps and meters, for increases in sizes of taps and meters, and relocation of taps and meters, shall be made in conjunction with section 7.0 (“rates, charges, and fees”) of these Rules and Regulations.
Section 5.03 Connections to Be Made By The Corporation(a) All water service connections to the Corporation’s water supply system shall be made by RWSC employees, and no person or entity, other than the employees or agents of the Corporation, shall be permitted to tap or make any connection to the water distribution system, or to make modifications to these existing systems, unless prior written approval has been granted by the general manager of Rincon Water Supply Corporation, and conjunctively, the oversight and inspection of the tap or connection is made by a RWSC field operations employee.(b) All water meters shall be placed within a suitable easement adjacent to the property being served. The termination of the Corporation’s water service line should be near the property line or easement line. If possible, the water service shall be placed in front of the unit to be served within the granted easement or in an appropriate location designated by Rincon WSC.(c) Unless there is a written agreement stating otherwise, the total length of any water service line installed by Rincon Water Supply Corporation shall not exceed the minimum length required to make the installation and set the water meter as close as practical to the existing water main to which the service line is connected, and under most scenarios the service line length would not exceed one hundred feet (100'). It is not the policy of the Rincon WSC to extend the service line to the residence or non-residential facility that is not adjacent to the service-connected water main. (d) Unless delayed by unforeseen circumstances and/or the need to obtain “transmittals” (line locates) from other utilities, the Corporation will attempt to install the tap and service line, fittings, water meter, and meter box at the service requestor’s property within (5) business days from the date the service application is finalized by Rincon WSC.Section 5.04 Installation of Customer Gate Valve(a) All customers served by the Corporation shall install a working shut off valve in a separate valve box, located no more than 18” from the RWSC meter box, on the side of the metered service belonging to the customer. The valve shall be installed on all new services and on existing services when there is a change in the service that facilitates such valve installation by the customer.(b) The member/customer shall in no case or under no circumstances take control of or operate the angle stop or curb stop valve on the utility side of the meter.Section 5.05 Responsibility of Member Regarding RWSC Water System Appurtenances - See also 7.10 & 9.02(a) After a water meter and meter box have been installed, the customer has responsibility for the maintenance of ingress and egress allowing Rincon Water Supply Corporation employees to read and/or repair the water meter and installation. The customer shall ensure that the water meter box, water meter, and all appurtenances are not hindered or damaged, and shall not prevent the protection of the meter and the normal operation of the valve, meter, and associated fittings.(b) Any appurtenance of the Corporation’s system (flush valve, water meter box, valve box, etc.) Located adjacent to a non-residential or residential property, in such a manner that the appurtenance is considered to be a fixture upon the ground maintained by the residential/non-residential property, shall not be obstructed by structures, fences, equipment, obscured, or its operation hindered by the landscape (lawn, shrubs, trees, fences, etc.,) of such property, and an area shall be maintained around these appurtenances so that these appurtenances are visible and accessible for proper operation: (i) Appurtenance Radius of circle
· Flush valve/Fire hydrant five (5) feet
· Water meter box three (3) feet
· Valve box three (3) feet
(ii) Further, any new fence installation shall not enclose water meter(s) or water distribution equipment (valves, flush hydrants, etc.).
(iii) Additionally, it is understood that the existence of a water system appurtenance implies an easement for such and all conditions relating to such easement are in force.
(iv) Should Rincon Water Supply Corporation facilities, appurtenances, or equipment be obstructed by fence, landscape, parked vehicles, piles of debris, or any other means the obstruction shall be, at the discretion of the Rincon Water Supply Corporation General Manager, removed or relocated and the property owner shall bear the expense for such removal or relocation.(c) The Corporation shall contact any property owner/renter that is not maintaining the appropriate appurtenance area and allow the owner or renter to make necessary modifications to this area so that the standards of this subsection are attained. The property owner or renter shall be allowed thirty (30) days from date of notification to achieve the required area modifications. If the property owner or renter fails to make the necessary modifications to the appurtenance area as required in this subsection, the Corporation shall cause the work to be done and all associated costs shall be borne by the property owner or renter. The charge for such work shall be billed at the rate identified in the “Schedule of Rates, Charges, and Fees” and shall be billed at a minimum of one (1) hour. The Corporation shall not be liable to the owner or renter for damages involved in the removal of tree branches or shrubs or other landscape features that are within or adjacent to the appurtenance area, when such removal work is completed in a reasonable manner and minimal disruption has been attempted.(d) This subsection shall not be construed to limit Rincon WSC work area when making repairs and/or replacements associated with the Corporation’s water supply system. Rincon WSC shall take reasonable precautions to limit the destruction and damage to landscape features on the right-of-way, on easements, and on adjacent properties, and the Corporation shall (within reasonable limits) restore any destroyed or damaged landscape features to near-original condition.
Section 5.06 Member's Maintenance and Repair of Customer Service Line(a) Each person or entity (customer) connecting to the Corporation’s water supply system shall maintain and repair their service lines (customer service lines) at their own expense. The customer service lines are designated as follows: from and including the male end of the meter coupling on the discharge side of the water meter, through the customer’s gate valve, through any yard piping, and through the building plumbing, and including all customer service line valves, pressure regulating valves, backflow prevention devices, etc. And all related lines, fittings, valve boxes, and associated appurtenances.(b) The member shall be fully responsible for all water usage via water leaks that occurs on and through the discharge end (male threaded end) of the meter coupling and throughout the entire water service and plumbing system of the customer’s property and/or facility. The customer shall be responsible for water loss related to any leaks occurring on the customer’s service line and plumbing system, including leaks associated with defective plumbing and fixtures (i.e., leaking faucets, leaking commodes, etc.).
Article VI. PROVISION OF CORPORATOIN SERVICESSection 6.01 Application for Standard Service(a) The potential member (customer) shall make application to Rincon Water Supply Corporation by completing a RWSC service contract (Service Application, Agreement, and easement), and as a signatory to this service contract the member (customer) agrees to follow all Corporation rules and regulations and policies and make remuneration to Rincon Water Supply Corporation for all fees and charges incurred. The service contract shall be signed by the member/customer prior to initiation of water service from the Corporation. The application for service shall not be considered finalized until all portions of the contract (service agreement) have been completed by both the member (customer) and Rincon WSC.(b) Service will not be granted to the member (customer) until all current fees, charges, and deposits related to the initiation of customer service are paid by the member (customer). Depending on the status of the location for which application has been made for service, an approved backflow prevention device and a satisfactory “customer service inspection” may also be required in order to establish water service with Rincon Water Supply Corporation.(c) In accordance with the policies of these rules and regulations, those members (customers) previously residing within the service area of the Rincon Water Supply Corporation, who left the Corporation with unpaid fees/charges remaining, shall be required to pay all unpaid amounts, including a 10% penalty, prior to the granting of service from the Corporation.Section 6.02 Membership Fee Required(a) For the purposes of this Tariff (Rules and Regulations), the term “customer” and “member” shall be synonymous and the terms “deposit” and “membership fee” shall be synonymous. (b) In order to maintain “membership status,” and eligibility for water service, a ”membership fee” shall reside with the Rincon Water Supply Corporation at all times.(c) Residential members (customers): a non-interest bearing membership fee shall be required of all single-family residential members (customers) who are provided water service by Rincon Water Supply Corporation. This membership fee shall always remain with the Corporation during service provision. The amount of the regular service membership fee shall be based on the size of the meter and status of the member (customer) (renter or property owner).(d) Non-residential members (customers): a non-interest bearing membership fee, with the amount of membership fee related to the size of the meter, and with a minimum membership fee amount corresponding to that of a residential customer. The current list of membership fees is listed on the “Rates, Charges, and Fees schedule.” (Appendix 8) A continual membership fee shall remain with the Rincon WSC at all times of service provision. The amount of the regular service membership fee shall be based on the size of the meter and status of the member (customer) (renter or property owner).(e) Delinquent service: at such time that the customer’s bill becomes delinquent and disconnection of service is necessary the customer’s current membership fee shall be applied toward the delinquent bill. Prior to restoration of disconnected service, the customer shall be required to pay all unpaid amounts and associated charges not covered by the membership fee amount, and a new service contract and membership fee must be executed. In addition, the delinquent service customer shall place a “delinquent service membership fee” with the Corporation. The “delinquent service membership fee” amount shall be calculated as one hundred-twenty five percent (125%) of the membership fee listed for that customer’s meter size. The Delinquent membership fee shall be used as an additional membership fee, to be added to the regular membership fee. The Delinquent membership fee plus the membership fee will be refunded to the customer at such time he or she discontinues Rincon WSC service and the final bill is paid in full. (f) All members (customers) not having a current membership fee with Rincon Water Supply Corporation shall follow the procedures listed above, and the membership fee shall be increased to the current rate at such time the customer shall experience water service disconnection due to a delinquent bill.(g) A full required membership fee, with respect to a metered service, shall be on deposit with Rincon Water Supply Corporation at all times that such service is active. Membership fees shall be in the name of, and, subject to application by the Corporation as provided in these rules and regulations (as regarding deductions for payment of charges and fees) and any remainder shall be returned to the member (customer) upon the member’s (customer’s) request for termination of Rincon WSC water service.(h) Membership fees and delinquent membership fees shall secure bill payment, and may be applied by Rincon Water Supply Corporation for payment of water bills, delinquent penalties, and other Corporation charges and fees, and for payment for repairs or replacements of those portions of the Corporation’s water supply system for which the member (customer) is responsible. (i) Membership fees may be transferred by one member (customer) to another upon written request of the customer holding the membership fee; or, by a member (customer) from one account which the member (customer) is liable to another such account.(j) At any such time that the membership fee amount is reduced because of charges or fees due to repairs to Rincon WSC water system that were the result of the action, negligence, or inattention of the member (customer), the membership fee amount shall be restored by the member (customer) to at least one hundred percent (100%) of the current membership fee amount listed on the schedule.
Section 6.03 Billing Cycle and Billing Process(a) Service commencement: Corporation service to a member (customer) shall be commenced upon request by the member (customer), upon the member’s (customer’s) compliance with all applicable Corporation rules, regulations, policies, and procedures, and payment of the applicable fees, charges, and membership fees. Once the member (customer) has established service, he/she shall be charged for water service and other charges and fees as appropriate, via the billing cycle and billing process. The monthly service period for each member (customer) is approximately thirty (30) days. Except for any adjustments made by the Rincon Water Supply Corporation under the conditions described in these rules and regulations, the member (customer) shall be responsible for payment of the monthly membership charge and all charges for all gallons of water registered on the water meter assigned to the member (customer). Monthly charges and fees will not be pro-rated and partial bills for a portion of the monthly service period will not be issued.(b) Meter reading: the meters are read on a monthly basis normally during a five-day period, from the 24th to the 29th of each month (unless there are weekends and/or holidays and other extenuating circumstances). After all meters are read, meter readings are examined for possible errors, and field investigations are made of meters to determine the status of any discrepancies.(c) Printing and mailing of bills: upon the completion of all necessary field investigations, the bills for service in the previous period shall be printed and then mailed. Bills are normally mailed during the last week of that month, but no later than the 5th day of the following month.(d) Payment of bills: payment of bill is due upon receipt. Bills remain non-delinquent if paid on or before the 15th of each month. Bill payments received after the close of business on the 15th of the month will be considered late and the penalty shall be applied. (e) All payments must be made at the office of the Rincon Water Supply Corporation, via the drop-box, the service counter, U.S Mail, by phone using a credit card, or via the internet using a credit card or by contacting the RWSC office and establishing a monthly ACH. The Corporation’s drop box, located at the Rincon WSC office building, will remain open at all times for non-cash payments. Payments will not be accepted in the field by Rincon WSC employees.(f) Partial payments for customer bills may be accepted by the customer service clerk, with the General Manager's approval -- depending on the amount of the payment as related to the amount of the bill. Other arrangements may be made by the customer service clerk for payments to be made to the Corporation, with the general manager’s approval. Partial payment arrangements may also be made by the Board of Directors. Section 6.04 Delinquent Bills and Disconnection of Service(a) If member (customer) payment is not received on or before the close of business on the 15th of the month the bill is due, the bill becomes delinquent and a penalty is incurred. The penalty is added to all payment items.(b) A member (customer) having a delinquent bill shall have until the 25th of the month to make payment on the delinquent account prior to disconnection of water service. Water service to delinquent accounts may be disconnected on or after the 26th of the month. If payment is not received in the RWSC office prior to the close of business on the 25th of the month an additional late fee will be applied. Both the first monthly bill, and the “final notice” for delinquent accounts, will contain the notice of the date of delinquent shutoff [“delinquent shutoff date”]. (c) If the payment is not received in this period, prior to the end of the regular business day of Rincon Water Supply Corporation on the 25th of the month, then the Corporation shall disconnect water service at the meter to the member’s (customer’s) property, by either locking off the service’s curb stop or angle stop and/or removing the water meter and the disconnect service charge shall be applied. Actual water service disconnection due to a delinquent account will not be accomplished by the Corporation on the day prior to the closing of the Rincon WSC office (holiday or weekend). (d) As soon as practical after the 15th of each month, but no later than the 19th of each month, the Corporation will mail a “final notice” to all members (customers) that have not paid their delinquent bills. This notice shall act as a reminder of the delinquent bill and indicate the delinquent shutoff date.(e) Only those accounts with a delinquent amount (including all charges and penalties) shall be subject to water service disconnection.(f) The notice (“final notice”) shall include the following language: “The member (customer) with a delinquent bill may request a hearing before the general manager. If the member (customer) disputes the bill and the general manager’s decision, he or she may appeal to the board of directors.”(g) If payment, including the bill and any penalties, is not received prior to 7:30 am on the scheduled date of service disconnection (delinquent shut-off date), then the Corporation shall complete the disconnection of delinquent water service accounts as scheduled. Disconnections shall commence as of 7:30 am on the delinquent shut-off date and shall proceed until all are completed. Reconnection of disconnected service shall not commence until all disconnections are finalized. (h) If the delinquent shut-off date is the day prior to the closing of the Rincon WSC office (holiday or weekend), the Rincon WSC general manager may designate another day (after the 26th of the month) as the day for disconnection of delinquent water service accounts. Unless a dangerous condition exists or the member (customer) requests discontinuance of service, service shall not be terminated or disconnected on a day, or a day preceding such day, when Corporation personnel are not available during regular business hours for the purpose of making collections and working disconnections and re-connections.(i) The member (customer) will be assessed charges for the final notice, the disconnection notice and for related administrative activities. These charges are listed on the “Schedule of Rates, Charges, and Fees.”(j) For members owning more than one (1) account, if any one becomes delinquent all of the members accounts will be disconnected until such time that the account is brought current.Section 6.05 Other Disconnection Activities and Disconnection Prohibitions(a) Disconnection with notice: In addition to the disconnection for delinquent water service accounts, other disconnection activities may be initiated due to the items listed in the following. Unless the disconnection is due to a cross-connection or potential cross-connection or other similar situation whereas the water system integrity is jeopardized, a written notice shall provide a specified number of calendar days – from the impending water service disconnection, and the date of the notice shall be considered the first day of the notice period, with mailing of the notice to occur on this same date. (i) In the event a payment is returned unpaid for any reason, the disconnection procedure will be initiated immediately (service shall be disconnected immediately). Further, disconnection due to returned payment will require the member/customer to complete a new service application and service agreement and cause the member/customer to become subject to the Corporation's Cross-Connection Control policy.
(ii) Failure to make timely payments on extended payment agreement (ten days notice period).
(iii) Violation of the Corporation’s rules pertaining to the use of service in a manner which interferes with the service of others or the operation of non-standard equipment (five day notice period).
(iv) Failure of the customer to comply with the terms of the Corporation’s service agreement (contract), rules and regulations, or other procedures or policies (five to ten days notice period, depending on the severity of the violation).
(v) Failure to provide access to the meter under the terms of these rules and regulations , or to property at which water service is received when there is reason to believe that a hazardous condition exists and for which access is necessary (up to five day notice period).
(vi) Misrepresentation by any applicant or transferee of any fact on any form, document, or other agreement or contract required to be executed for the Rincon Water Supply Corporation (ten day notice period).
(vii) Upon discovery by Rincon Water Supply Corporation that the property has been subdivided in violation of county rules and regulations applicable to subdivisions (ten day notice period).(b) Disconnection without notice: Water utility service may be disconnected without notice for any of the circumstances listed below. (i) A known or potential hazardous condition or cross-connection exists, as specified under the policies of the “cross-connection control program” of Rincon Water Supply Corporation, and the conditions listed therein.
(ii) Service is connected without authority by a person who has not made application for service, or who has re-connected service without authority following termination of service by the Corporation.
(iii) In instances of tampering with the Corporation’s meter or equipment, by-passing the meter or service, or other similar situation. (c) Disconnection due to utility abandonment: Rincon Water Supply Corporation may not abandon a customer or a certificated service area without a written notice to its customers and all neighboring utilities, and upon the granting of approval from the Texas Public Utilities Commission.(d) Disconnection for ill and disabled: The Corporation may not discontinue service to a delinquent residential member (customer) permanently residing in an individually metered dwelling unit when that member (customer) establishes that a person living at that residence, who is the member (customer) or related by first degree consanguinity of the member (customer), is ill or disabled and such illness or disability will be exacerbated if water service is disconnected. Each time the member seeks to avoid disconnection of service under this subsection, the member (customer) must have the attending physician call or contact the Corporation prior to the 16th of the month that such bill is past due. A written statement must be received by the Corporation from the attending physician prior to the 25th of the month that the bill is past due. In order to maintain service, the member shall enter into a deferred payment agreement. The Corporation shall flag the account and review the status of the account on a monthly basis. (e) Disconnection of master-metered services: When a bill for water utility services is delinquent for a master-metered service complex, when such billing is designated as having a master meter serving more than one building or residence or facility, the following procedures shall apply for disconnection of this service. (i) The Corporation shall send a notice to the customer as required. This notice shall also inform the member that notice of potential disconnection will be provided to the tenants of the complex in five (5) days if payment is not received prior to that time.
(ii) At least five (5) days after providing notice to the customer and at least two (2) days prior to the date of disconnection, the Corporation shall post at least two (2) notices in central and visible locations of the complex, notifying the residents of the date of the impending water service disconnection.
(iii) At their option, the tenants of the complex may pay the Corporation for any delinquent bills owed by the complex, or pay for re-connection of service if it has been disconnected.(f) Disconnection prohibited: Rincon WSC water service may not be disconnected for any of the following reasons. (i) Failure of the member to pay charges arising from an under-billing due to any misapplication of rates or charges or errors relating to rates and charges, occurring more than six (6) months prior to the current billing.
(ii) Failure of the member to pay for the account of another member (customer) as the guarantor thereof, unless Rincon Water Supply Corporation has a written guarantee as a condition precedent to provision of service.
(iii) Failure of the member (customer) to pay charges arising from under-billing due to any faulty metering, unless the member (customer) has tampered with the meter, or unless such under-billing charges are due under the inoperative meters section.
(iv) In response to a request for disconnection by an owner of rental property where the renter is billed directly by the Corporation as authorized by the owner, and the renter’s account is not scheduled for disconnection under the rules for disconnection of service as outlined in these rules and regulations.Section 6.06 Reconnection of Service(a) Prior to reconnection of disconnected service, all penalties, service charges, reconnection charges, fees, and other related charges shall be paid in full to Rincon Water Supply Corporation by the member (customer), unless there is an agreement with the Corporation stating otherwise. (b) If not paid in full by the member (customer) or if there is not a payment agreement, the member’s (customer’s) existing membership fee shall be applied to all unpaid delinquent charges and penalties and all other charges associated with disconnection and restoration.(c) Restoration of customer service shall be accomplished via the following steps: (i) The customer’s service contract (agreement) becomes invalid upon service disconnection and a new service contract must be signed by the member (customer),
(ii) The customer must put up the delinquent deposit as per subsection 6.02(e). (“delinquent service deposit”), and,
(iii) All charges left unpaid after application of the customer’s membership fee must be paid, including charges for reconnection of service, unless the General Manager agrees to include these charges on the following monthly bill.Section 6.07 Non-Standard Service(a) Intermittent non-residential/residential water service: (i) Those owners or companies that maintain active billing records for the purpose of intermittent water usage, for the cleaning and maintaining of property under the “for sale” or other similar conditions shall incur a minimum monthly water charge shall be billed in accordance with the previous rules and regulations of this section. Additional charges shall be made against the member (customer) for volume usage of water and for other related corporation charges and fees.
(ii) Application for service, required membership fee, delinquency of bill, disconnection of service, assessment of penalties, reconnection of service, and all other related items as covered in this section remain applicable to this category of Corporation customer.(b) Temporary water service: (i) Rincon Water Supply Corporation shall initiate temporary service upon request by the member (customer) and after completion of a service contract and upon payment of all deposits, charges, and fees. The temporary service may be provided via a metered flush hydrant connection (if the utilization of the flush hydrant is not impaired), regular meter setting, or through some other approved Rincon WSC appurtenance. All rules and regulations of service previously outlined in this section shall be applicable to temporary water service.
(ii) Such temporary water service shall be supplied only through a Corporation meter installed by a Corporation employee. The customer shall be responsible for the safekeeping of the Corporation’s meter and related fittings. A deposit shall be required of the customer, which shall act as security against water supplied by Rincon WSC, damage to or loss of the water meter and fittings, and damage to the appurtenance (flush valve, meter setting, etc) onto which the water meter was attached. Upon safe return of the RWSC meter and associated fittings, and assurance of no damage to RWSC appurtenances, the deposit will be applied to all unpaid charges and fees, and the unused portion of the deposit will be returned to the customer. If the meter is not returned or if the meter and/or appurtenances are damaged and the deposit amount is less than the total cost of the loss and/or damages and/or unpaid Rincon WSC services, then the customer shall be liable for all unpaid amounts and shall not be allowed further Rincon WSC services until these amounts are paid in full.(c) The member/customer will be required to install a cross-connection control device or an air-gap separation connection, per the directions of the Corporation’s “cross-connection control program,” in order to prevent the potential contamination of the Corporation’s water supply system. The types of cross-connection control (backflow prevention) devices required are listed below in the following. (i) Temporary Water Service Utilization Backflow Prevention Device to be used
1) Landscape irrigation Reduced Pressure Zone Principle Assy.
2) Potential or Health Hazard Air gap separation, or RPZ
3) (Note: these devices must be tested per the requirements of the Corporation’s cross-connection control program).(d) Application for service, required deposit, delinquency or bill, disconnection of service, assessment of penalties, and all other related items of this section remain applicable to this category of customer.Section 6.08 Discontinuance of Service(a) Service shall be discontinued upon request from the customer, or, if a customer has abandoned responsibility for Corporation billings without notifying the Rincon Water Supply Corporation -- upon the Corporation’s discovery of such abandonment.(b) If the Corporation determines that a member’s (customer’s) service has been abandoned by the member (customer), or has been discontinued, and the service is being utilized by another person or entity, Rincon WSC shall provide that person or entity making such use a written notice and a reasonable period not to exceed ten (10) days, for such person to comply with all Corporation rules, regulations, procedures, and policies applicable to initiation of Rincon Water Supply Corporation service, including payment of all associated fees and charges. During such time, responsibility for payment for service shall remain with the member (customer), and after notification and expiration of the notification period, if service is not initiated by the potential member (customer), such service shall be disconnected without additional notice.
Section 6.09 Collection of and Write Off of Final Bills(a) When service to a member (customer) has been discontinued or abandoned, and a final bill for any unpaid amounts associated with this provision of service has been rendered and such final bill has been outstanding and unpaid for ninety (90) days, then such final bill amount shall be transferred to the “bad debts” account of Rincon Water Supply Corporation, with any future collection of the final bill amount to be credited toward the “bad debts” expense.(b) The Corporation may exercise the option, as relating to the final bill as described in the above subsection, to submit the delinquent final bill to a responsible agency for collection or file for relief in a court of law. Additionally, those persons or entities leaving bills, fees, or charges owed to Rincon Water Supply Corporation may be submitted to the credit bureau.(c) Any person or entity requesting Corporation service, who has previously discontinued or abandoned Rincon WSC service and has an unpaid amount remaining, shall make payment of all unpaid amounts and penalties prior to initiation of new service, in accordance with the policies of Rincon Water Supply Corporation.Section 6.10 Adjustments to Member/Customer Bills(a) Any adjustment to the billing process or amount billed must be approved by the General Manager or the Board of Directors. The affected member (customer) must provide documentation as to the reason(s) behind the request for bill adjustment.(b) Customers should contact Rincon Water Supply Corporation if they have a high water bill or believe that there is a leak on their property, in order to facilitate the resolution of billing errors and for verification of leak occurrence and potential leak situations. A work order shall be completed for each “high bill” investigation and for each “customer leak” investigation.(c) If a leak(s) was caused by a direct action of Rincon Water Supply Corporation (e.g., water loss as the result of damage to a member’s (customer’s) service line during Rincon WSC repair activities) then such water loss shall be adjusted from the member’s (customer’s) bill via approval of the General Manager.(d) Other adjustments to member (customer) bills may be considered upon written request by the member (customer) detailing the reason for the request for adjustment and the circumstances related to this request. Billing errors shall be appropriately adjusted by the Corporation upon discovery. Those members (customers) disputing the accuracy of their water meter shall have the opportunity for adjustment of the water bill as prescribed in Section 6.11.(e) In the event of any dispute between the customer and Rincon Water Supply Corporation regarding any bill or charges, the customer must submit the dispute to the Rincon WSC General Manager in writing prior to the 15th of the month that such bill is due. The General Manager shall initiate an investigation into this disputed bill and shall report the results of the investigation to the customer in writing.
Section 6.11 Meter Testing following Disputed Bill(a) In such instances whereby a Rincon WSC billing is disputed by a member (customer), and such billing appears on its face to have been properly processed, the member (customer) may request in writing that the meter, through which the service associated with such billing was made, be tested. Such test shall consist of an initial comparison of the amount of water or water flow through the meter in question compared to a new meter that is certified to be accurate within American Water works Association (AWWA) new meter standards. The customer meter shall test to within three percent (3%) of the AWWA accuracy standard, since the customer meter is not a new meter. This portion of the test shall be made at no charge to the customer. If the customer meter does not test to three percent (3%) of the AWWA new meter accuracy standard, the customer’s bill will be appropriately adjusted and a new meter installed.(b) If the customer meter tests within three percent (3%) of AWWA new meter accuracy, but the customer is dissatisfied with the test, the customer may request in writing that a test be made on a calibrated meter test bench: (i) If the meter, on a calibrated meter test bench, does not test within three percent (3%) of AWWA new meter accuracy standards, then the Corporation shall make appropriate billing adjustments, change the customer meter in question, and pay all costs for the testing of the meter.
(ii) Conversely, if the meter, on a calibrated meter test bench, does test to within three percent (3%) of AWWA new meter accuracy standards, then no billing adjustments will be made, the meter will not be changed, and the customer will incur all costs for meter testing and these costs shall be billed and be due and payable with the customer’s next monthly bill.(c) In the event the meter test results indicate that the meter is faulty or inaccurate, the meter test fee shall be waived, the meter shall be replaced with a new meter, and a billing adjustment will be made as far back as six (6) months but not extending back prior to the activation date of the current member (customer). The billing adjustment shall be made to the degree of the meter’s inaccuracy as determined by the meter test.Section 6.12 Alternative Payment Plans(a) The General Manager or the Board of Directors may authorize the extension of a payment date or the development of an alternative payment plan for the member’s (customer’s) payment, if such condition(s) warrant this extension or alternative payment plan. (b) The primary condition for which the situation above (6.12(a)) would apply is associated with the discovery of a leak on the member’s (customer’s) property, such leak being of a magnitude that would increase the member’s (customer’s) bill to an excessive amount as compared to the member’s (customer’s) previous water consumption history, and such leak being discovered and then repaired without unreasonable delay. Evidence must be provided that would support the member’s (customer’s) request for the extension of the payment date or for an alternative payment plan.(c) Approvals for requests, other than the above are limited, and must be examined on a case-by-case basis. Written requests, along with sufficient written evidence, are required for each case examined. Billing penalties shall be waived during such period that an alternative payment plan is granted, other than initial penalties incurred during the first month that the bill became due and payable. Extensions of payment date shall not be longer than the last day of the bill’s due and payable month, and penalties shall be charged to the customer for this month’s late payment.Section 6.13 Deferred Payment Agreement for Delinquent Water Bill(a) Rincon Water Supply Corporation may offer a deferred payment plan to a member (customer) who cannot pay an outstanding water bill balance in full and is willing to pay the balance in reasonable installments as determined by the General Manager, including any late penalty fees or interest on the monthly balance per the payment agreement. The deferred payment plan will be offered if the total balance owed by the member (customer) exceeds his/her deposit with the Rincon WSC.(b) The term of the deferred payment agreement is not to exceed ninety (90) days. The ten percent (10%) late fee will be assigned to such unpaid balance as exists over the 90-day period. The member (customer) will sign a notarized agreement of scheduled payments, with the understanding that water service will be terminated if payment is not received within ten (10) calendar days after the due date. Payments made by mail will be considered late if received after the due date. (c) Only one deferred payment agreement will be allowed per any 12-month period per customer. All water bills due and payable during the 90-days that the deferred payment agreement is in effect shall be paid on time and in accordance with these policies. Section 6.14 Installment Payment Agreement(a) The Rincon Water Supply Corporation may offer an installment plan to a potential member (customer) who cannot make full payment of the line extension fee and/or connection fee at the time of initial application, but is willing to pay the balance in reasonable installments as determined by the General Manager or board of directors. The maximum time period for the agreement is a 12-month period from the date of that application. A finance charge at an annual rate of five percent (5 %) simple interest will be assessed. (b) The member (customer) will sign a notarized agreement of scheduled payments with the understanding that water service will be terminated if payment is not received ten (10) calendar days after the due date. Payments made by mail will be considered late if received after the date the payment is due.Section 6.15 Check Acceptance Policy(a) Personal checks will be accepted by the Rincon Water Supply Corporation if the check amount is equivalent to the payment amount of Corporation fees, charges, and deposits.(b) Rincon Water Supply Corporation will not accept two party checks.(c) A fee shall be adopted, and revised from time to time as necessary, for all checks tendered for payments of Rincon WSC rates, fees, charges, and deposits and which are returned unpaid to the Rincon WSC. (i) With respect to checks tendered for other than payment of the service bill and for which disconnection of service is not applicable, and such check is returned unpaid, the Corporation shall notify the responsible party and if the returned check is not redeemed after appropriate notification is submitted, Rincon Water Supply Corporation shall withdraw all Corporation permits previously issued to the responsible party, shall issue stop orders upon all work subject to Rincon WSC approval being carried out by the party, and shall pursue such other civil and criminal remedies that may be necessary and appropriate.
(ii) A returned check may be redeemed by payment in full of the amount of such check(s) and all fees applicable thereto, and payment shall only be in the form of cash or cashier’s check or money order to Rincon Water Supply Corporation made at the Corporation’s business office.
(d) In any twelve-month period, customers having issued to Rincon Water Supply Corporation a check that has been returned unpaid to Rincon WSC, shall thereafter, until further notice from the Corporation, make all payments to Rincon WSC via cash, cashier’s check, money order, or credit card. Any checks issued by the member (customer) after the above-described returned check event shall be returned by the Corporation to the member (customer) and the account will remain unpaid until remuneration by cash, cashier’s check, money order, or credit card is accomplished by the member (customer). Failure to accomplish this payment, as described in the above subsection, shall initiate disconnection procedures, which shall be carried out if appropriate payment is not made.Section 6.16 No Free Service(a) No free service shall be granted to any user for service provided by or through the Rincon WSC facilities or those provided by or through a contractor for the Corporation, whether such user shall be an individual, a business, a charitable institution, a political subdivision, or a municipal Corporation, and all charges for Corporation services, including fees and deposits, shall be made as required herein.
Article VII. RATES, CHARGES, AND FEESSection 7.01 Membership Fee(a) At the time the application for service is submitted, the applicant shall pay a membership fee. The membership fee varies depending upon the size of the meter for the service requested, the membership fee amounts are listed on the “schedule of rates, charges, and fees.”(b) The membership fee is a non-interest bearing fee and will be refunded, following payment in full of the member's account upon the member’s (customer’s) discontinuance of water service.Section 7.02 Easement Cost(a) When the Corporation determines that an easement(s) is necessary for provision of water service to the applicant, the applicant shall be required to secure the easement in the name of the Rincon WSC and pay all costs associated with securing the easement, including all legal and engineering costs, and any other charges and fees, incurred by the Corporation.Section 7.03 Service Connection Fee - Front End Capitol Contribution Fee(a) When new service is required for a property or facility, the applicant shall pay all costs associated with making the service connection to the water main, installing the service line and fittings, and setting the meter and box. The basic water meter installation is for a 5/8” x ¾” water meter, with a one inch (1”) service line and fittings with reduction to ¾”. The “connection charges” are listed in the “schedule of rates, charges, and fees.” Services of 3” and larger connections are the actual cost plus twenty percent (20%)(b) Connection fees will be based on the location of the water meter installation in relationship to the water main: if the water main is on the same side of the street as the meter (same-side connection = no bore required) or if the water main is across the street from the meter location (long-side connection = bore required). Connection fees shall be greater for those installations requiring a bore (road crossing).(c) A reduced connection fee for basic water meter installation may be applicable for those services that have the potential to serve as a dual service (for two 5/8” x ¾” meters) for an adjacent property or facility. If a service is existing at an appropriate location to serve the applicant’s property or facility and is of sufficient size to handle dual service, connection may be made to this service by the Corporation. The reduced connection charge shall be calculated by utilizing a multiplier of 0.6 times the connection fee (5/8” x ¾” water meter) listed under the “schedule of rates, charges, and fees.”(d) Whenever a request is made by a customer to increase the size of a meter where an existing active service is being provided to that customer, the additional charges will be based on the following: (i) If the service line is of adequate size for the maximum flow required through the increased size of the water meter, then the charge will be the difference in the cost of the smaller and larger meter and the smaller and larger fittings and the labor and equipment costs associated with the installation.
(ii) If the service line is not of adequate size, it will be necessary to make a new connection to the Corporations’ system. The charge will be the cost of the larger connection and meter and fittings and associated labor and equipment costs.Section 7.04 Monthly Charges(a) Active service: the member’s (customer’s) monthly charges shall consist of the “Monthly Membership Charge” and a “volume charge.” The current charges are listed under the Corporation’s “schedule of rates, charges, and fees.”(b) The “Monthly Membership Charge” shall be calculated based on a multiplier times the “Monthly Membership Charge” of a standard residential (5/8” x ¾”) meter. The “ Monthly Membership Charge” is outlined in the “Schedule of Rates, Charges, and Fees”. The multipliers are as follows: (i) 5/8" x 3/4" = 1.0
(ii) 1" = 1.4
(iii) 1 1/2" = 1.8
(iv) 2" = 1.9(c) Inactive service: The customer’s monthly charge shall consist of the “Monthly Membership Charge”, which allows that member (customer) continued access to the RWSC water system – as required by the member (customer). Current charges are listed under “schedule of rates, charges, and fees.”Section 7.05 Bulk Water Rates and Charges(a) Bulk water obtained from the Corporation’s water distribution system, shall be at a rate as outlined on the “schedule of rates, charges, and fees(b) Bulk water obtained through a meter shall be charged at the rate listed on the “schedule of rates, charges, and fees”. (c) All water obtained from Rincon WSC water system must be appropriately metered.” Additionally, bulk water customers must ensure the protection of the RWSC water system against cross-connections via the use of an approved air gap or appropriate backflow protection assembly or device.Section 7.06 Late Payment Fee(a) A late payment fee (penalty) of $5.00 or ten percent (10%), whichever is greater, will be charged to delinquent bills after the 15th of each month. The penalty shall be applied to the unpaid balance of all charges, rates, and fees owed by the customer to Rincon Water Supply Corporation.(b) If the delinquent bill remains unpaid through the 25th of the month an additional late payment fee of $25.00 will be applied to any unpaid balance.(c) Accounts with a current payment plan or arraignment will not incur an additional late payment penalty so long as the payment plan is kept current. Failure to keep the payment plan current will result in service interruption.Section 7.07 Returned Payment Fee(a) In the event that a check, draft, or similar instrument is given to Rincon WSC, by a person, firm, Corporation, or partnership, for payment of services and such instrument is returned by the bank or other similar institution as insufficient or non-negotiable for any reason, the account for which the instrument was issued shall be assessed a returned check fee, which is listed on the “schedule of rates, charges, and fees.” (b) Returned payments will result in immediate service interruption. Service will be restored only upon payment in full for the returned payment and all service fees.Section 7.08 Disconnect Fee(a) An additional penalty shall be charged to those members (customers) who’s bill was not paid prior to the disconnect date. The charge is listed on the “schedule of rates, charges, and fees.”Section 7.09 Re-connect Fee(a) A reconnect fee shall be charged to a customer when his/her service is activated after the service has been disconnected due to delinquent shut-off procedures, and such fee is listed on the attached “schedule of Rates, Charges and Fees.” Section 7.10 Charge for Damaged RWSC Facilities and Equipment(a) The member/customer bears the responsibility for protecting the Corporation equipment and components.(b) Members (Customers) will be charged for damage to the Corporation’s facilities and equipment, including the replacement of damaged or destroyed locks, damaged or destroyed water meters, damaged or destroyed angle and curb stops, meter boxes, and other water systems components and appurtenances. These charges are listed under the “schedule of rates, charges, and fees.” Section 7.11 Other Fees(a) Customer History Report Fee: upon the request by the customer, a fee shall be charged to provide a copy of the customer’s record of past water purchases.(b) Meter Test Fee: a meter shall be tested with charges billed to the customer, if the test is requested in accordance with subsection 6.11 of these rules and regulations.(c) Transfer Fee: an applicant for service who is transferring service from one account to another account shall complete all required application forms, and update the membership fee to current rates if applicable, etc., and pay a transfer fee. If two or more meters are used to provide water service to a single contiguous tract of land, RWSC shall not transfer one or more of the associated service deposits if such transfer will result in service to a subdivided tract of land where all the requirements of the Rincon WSC concerning service to subdivisions have not been satisfied. (d) Duplication (copying) Fee: The Corporation may charge for any duplication of corporation documents, as defined in the Texas public information act, as amended, at the current rate as prescribed by the state purchasing and general services commission.
Section 7.12 Other Charges(a) All services and work outside those described herein which the Corporation may be compelled to provide at the request of a member (customer) or other entity or agency shall be reasonably charged to the recipient based on the cost of providing such service. The cost will be determined by the General Manager or the Board of Directors.Section 7.13 Establishment and Adoption of Rates, Charges, and Fees(a) The Board of Directors of Rincon Water Supply Corporation shall establish, and from time to time amend as necessary, water rates and other charges and fees related to the current and future services provided by the Corporation.
Article VIII. WHOLESALE WATER SERVICESection 8.01 Wholesale Water Customer(a) The class of service for wholesale water customers is established, and is defined as a situation in which water is sold to a single customer at one or more delivery points, with such metered wholesale water sold for subsequent metered resale to individual retail water customers within the wholesale customer’s service area. All entities purchasing non-retail water supply from Rincon Water Supply Corporation, whether they be Corporations, individuals, or governmental agencies and/or other water supply agencies, shall be classified as a “wholesale water customer” and shall fall within the purview of the regulations of this chapter and all other applicable regulations and policies of Rincon Water Supply Corporation. (b) Each wholesale water customer shall enter into a “contract for wholesale water service” or “water supply agreement” with Rincon Water Supply Corporation and the contract (agreement) shall be maintained for a specified time period and for such time that Rincon WSC supplies wholesale water service to that customer.Section 8.02 Contract For Providing Wholesale Water(a) This section covers some of Rincon Water Supply Corporation rules and regulations that affect wholesale water customers. Other rules and regulations sections and Rincon Water Supply Corporation policies may be relevant to wholesale customers, and if relevant are specified and referred by this section and/or outlined in the “contract for wholesale water service” or “water supply agreement.” (i) A non-exhaustive list of items that should be considered for contract inclusion is outlined in the following:
· Wholesale water supply facilities
· Water supply capacity commitment
· Charges and fees
· Wholesale water rates
· Service deposit
· Cross-connection control
· Water conservation policy
· Disconnection of wholesale water service
Article IX. ACCESS TO, SECURITY AND MAINTENANCE OF RWSC FACILITIESSection 9.01 Access to Meters and Facilities(a) Rincon Water Supply Corporation shall have access at all times to all its meters and all other Corporation facilities. No person or entity shall deny the Corporation or any employee or authorized representative of the Corporation, access to any meter or Rincon WSC facility. (b) If access to the water meter or facilities of Rincon WSC is denied, then a notice shall be provided to the person or entity responsible for denying access, and that person or entity shall immediately allow Rincon WSC access to its meter or facilities.(c) After notice, and in the event access continues to be denied to Rincon Water Supply Corporation to any meter, either by the member (customer) or by facilities constructed by the member (customer), the Corporation may estimate the water bill as necessary by charging the member (customer) one hundred fifty percent (150%) of the average usage over the last 12-month period, or the Corporation may obtain access to such meter by any reasonable means available and charge the costs of obtaining access to the member (customer). An invoice shall be prepared and the invoice costs shall be added to the member’s (customer’s) bill and shall become a part of the bill for collection and penalties and for delinquency purposes. If such bill remains unpaid and after the due date, disconnection procedures shall be undertaken by the Corporation, including the disconnection at the curb stop or corporation stop of the service line if necessary.(d) In the event that any party denies Rincon Water Supply Corporation access to any Corporation facility other than meters, Rincon WSC may obtain such access by any reasonable means available and may charge the costs of obtaining such access to the party determined by the Corporation to be responsible for denial of such access. These charges shall be invoiced and mailed to such party at the address or record of such party and charges shall be due and payable to the Corporation after fifteen (15) days from the date the invoice was mailed via the United States mail, first class postage prepaid. If applicable, Rincon Water Supply Corporation may make estimates of meter reads during such time that the above process is in effect.Section 9.02 Security and Maintenance of RWSC Facilities(a) The member (customer) shall be responsible for the security of the meter box, meter, and other Corporation appurtenances as outlined in the rules and regulations of Rincon Water Supply Corporation.(b) In the event that any Corporation facility or appurtenance for which the member (customer) has responsibility is damaged or otherwise harmed, Rincon Water Supply Corporation shall repair or replace the facility at the discretion of the Corporation, and all costs related thereto shall be borne by the member (customer) via an invoice issued by Rincon WSC and the invoice cost shall be made part of the customer’s monthly bill, and he/she shall be liable for penalties and disconnection procedures upon delinquency of the member’s (customer’s) payment.
Section 9.03 Meter Tampering and Diversion(a) For the purpose of this subsection, meter tampering, by-passing, or diversion shall all be defined as tampering with the Corporation’s meter or equipment. By-passing the water meter includes removing locking devices, turning water on following non-pay disconnect without authorization, installing piping in place of the meter, rearrangement of piping and facilities so that the water flow is routed around the meter instead of through the meter, and other similar meter tampering or by-passing situations.(b) The burden of proof of meter tampering, by-passing or diversion is on Rincon Water Supply Corporation. Photographic evidence or other reliable and creditable evidence may be used, and any evidence shall be accompanied by a sworn affidavit by the Corporation’s staff when any action regarding meter tampering, as provided in this subsection, is initiated. A court finding of meter tampering may be used instead of photographic evidence or other evidence, if applicable. The unauthorized use of Corporation services shall be prosecuted to the fullest extent of the law. (c) The legal authorities may be contacted by Rincon WSC employees, the General Manager, or the Board of Directors if it suspected that meter tampering and theft of water is occurring, and such crime against Rincon WSC shall be fully prosecuted. Section 9.04 Responsibility For Property/Facility Damage(a) Rincon Water Supply Corporation shall be given at least forty-eight (48) hours of notification, during the regular business week, prior to initiation of any construction work on property located within the Corporations’ service area, if such construction work or related construction equipment will be within easements, rights-of-way, or property where Corporation facilities and appurtenances are located, and that an inspection of this proposed construction site shall be completed by Rincon WSC prior to commencement of construction activities.(b) If applicable, the Corporation shall also conduct an inspection of the construction site prior to completion of the construction work and the covering of any underground lines or facilities, in order to verify the condition of the Corporation’s facilities. If found to be necessary, repairs to Rincon WSC facilities shall be made by the contractor or the person or entity responsible for the construction work, or by employees of Rincon Water Supply Corporation. If repairs are not made as specified by the Corporation, or if repairs are made by Rincon WSC employees, there shall be a bill generated for the full cost of the repairs and such billing and collection procedures, including disconnection of service (if applicable), shall be completed as described in the following subsections.(c) Any individual, business, Corporation, political subdivision, or other entity, through their own actions or negligence or through the actions or negligence of those in their employ, shall be responsible for the damage to Corporation property, facilities, or appurtenances caused by such action or negligence, and shall make payment to Rincon Water Supply Corporation for all costs associated with the repair and/or replacement of damaged Corporation property or facilities.(d) Upon completion of the repair and/or replacement of damaged property or facilities, an invoice will be prepared indicating all costs of labor, equipment, and materials associated with the repair and/or replacement project, and this invoice shall be submitted for payment to the party or parties responsible for the damage. The invoice shall be delivered via the U.S. Postal service and shall become delinquent if not paid in full prior to the lapse of thirty (30) days from the date of mailing. Delinquent invoices shall be handled under the same process as delinquent customer bills, and disconnection of water, assessment of penalties, reconnection of service and other items relating to the collection of delinquent bills, as outlined in these rules and regulations, shall be applicable to the collection of invoice payments. In addition, other measures may be taken to obtain payment of these invoices, and any cost incurred by the Corporation in the obtainment of invoice payments shall be assessed against the party to whom the invoice is addressed.Section 9.05 One Call Underground Utility Locates(a) Rincon Water Supply Corporation is a member of the “one-call” system for underground locates, it does participate in the one-call system when notified of proposed underground construction activities within the Rincon WSC service area.(b) Section 9, in the RWSC Tariff, does not negate the responsibility and obligations of those utility companies and contractors, that perform underground construction work, to follow the procedures of the one-call system for underground utility locates when contemplating such underground construction work within the Corporation boundaries. Additionally, conformance to Section 9 of this Tariff, by the utility company and/or contractors, does not eliminate the penalties of the one-call system or the obligations to make restitution for damages that may be incurred by these utility companies and/or contractors.
Article X. PROCESSING OF CLAIMES OF DAMAGE AGAINST RWSCSection 10.01 Introduction(a) Although Rincon Water Supply Corporation strives to follow all applicable laws and procedures and takes precautionary measures, there are times (in the course of the operations of the Corporation and in conjunction with the multifarious duties carried out by Rincon WSC employees) when damages may be incurred to real property, fixtures, and personal property, and injuries sustained by persons, through the inadvertent actions and situations that accompany Rincon WSC operations and employee duties, with resultant damage claims against the Corporation - both legitimate and bogus.(b) The purpose of this section of the rules and regulations is to promulgate a policy and procedures for processing of damage claims submitted to Rincon Water Supply Corporation. The receiving and processing of same shall not in any way cause an assumption of liability on the part of the Corporation, its elected officials, or its employees.Section 10.02 Definitions(a) The term “damage claim” in this section shall refer to all claims submitted to the Corporation for damages to real property, fixtures, personal property, and for personal injury, as allegedly caused by an employee or agent of the Rincon Water Supply Corporation.(b) The term “damage claim” shall not include those claims related to injuries sustained by Corporation employees or damage to Corporation-owned property, vehicles, or equipment.(c) The term “other utility lines” shall refer to those pipes and conduits that carry fluids such as water or wastewater, but shall not include electrical or communication cables/conduits or natural gas pipelines and oil pipelines.(d) The term “other utility agency” or “agency” shall refer to the agency or company that owns and/or controls the other utility line. Section 10.03 Damage Claim Process(a) In order to process a damage claim against the corporation, any individual or entity having a claim, as defined under subsection 10 of this section, shall submit the completed “damage claim form” to the Corporation’s General Manager. The details of the claim and its date of occurrence, along with all other appurtenant items, shall be specific and complete.(b) If the damage claim incident is covered by Rincon WSC insurance coverage, the General Manager shall forward the claim to the Corporation’s insurance carrier. The General Manager shall also promptly commence an investigation of the claim. At the same time the General Manager shall acknowledge to the claimant the receipt of the claim for processing. (c) In order for the claim to be investigated properly, the claimant shall file the damage claim form within thirty (30) days from the date of the damage claim incident. A longer period of time for receipt of the damage claim, past this 30-day period, may hinder the effective processing of the claim and may affect the claim outcome.(d) Although many claims are genuine (and these type claims should be expeditiously processed for the benefit of the claimant), all claim investigations should be handled in such manner to expose any duplicity and/or subterfuge that may exist with the damage claim.(e) Within ten (10) days from the date the claim is received, the General Manager shall notify the Corporation’s Board of Directors of the receipt of the damage claim. Furthermore, and as soon as practical, the Board of Directors shall be notified of the results of the damage claim’s final processing and outcome.
APPENDIX
Appendix 1 - Service Application
Appendix 2 - Service Agreement
RINCON WATER SUPPLY CORPORATION
P.O. DRAWER 7 TAFT, TEXAS 78390
(361) 528-3969
PWS ID. NO. 205-0078
- Agreement made this ____ day of ____________, 20__ between Rincon Water Supply Corporation (hereinafter Corporation), a Corporation organized under the laws of the State of Texas and ________________________________ (hereinafter Member) located at ___________________________.
- The Corporation shall sell and deliver metered potable water to the Applicant and the Applicant shall purchase metered water from the Corporation in accordance with the By-Laws and Tariff of the Corporation as amended from time to time by the Board of Directors of the Corporation. Upon compliance with said policies and payment of all fees, including payment of a Membership Fee, the Applicant qualifies for Membership as a new applicant or continued Membership as a transferee.
- The Member shall pay the Corporation for service hereunder as determined by the Corporation’s tariff and upon the terms and conditions set forth therein. A copy of this agreement shall be executed before service may be provided to the Applicant.
- The Board of Directors shall have the authority to discontinue service and cancel the Membership of any Member not complying with any policy or not paying any utility fees or charges as required by the Corporation’s published rates, fees, and conditions of service. At any time, service is discontinued, terminated, or suspended the Corporation shall not re-establish service unless it has a current signed copy of this agreement. The Member agrees to pay the monthly charges for service as prescribed in the Corporation’s tariff.
- Members owning more than one Membership will keep all accounts current. Failure to maintain current status on any one account will result in discontinued service of all accounts owned.
- Non-payment of the water bill will result in the termination of service ninety (90) days after the due date of the bill. Termination of service will result in removal of service connection and loss of water service.
- If this agreement is completed for the purpose of assigning utility service as a part of a rural domestic water system loan project contemplated with the USDA Rural Development, the Applicant shall pay an Indication of Interest Fee in lieu of a Membership Fee for the purposes of determining:
- The number of taps to be considered in the design
- The number of potential ratepayers considered in determining the financial feasibility of constructing
- A new water system or
- Expanding the facilities of an existing water system
- The Applicant hereby agrees to obtain, utilize, and/or reserve service as soon as it is available. Applicant, upon qualification for service under the terms of the Corporation’s policies, shall further qualify as a Member and the Indication of Interest Fee shall then be converted by the Corporation to a Membership Fee. Applicant further agrees to pay, upon becoming a Member, the monthly service charges for such service as prescribed in the Corporation’s tariff. Any breach of this agreement shall give cause to Applicant Initial _____ Co-Applicant Initial _____
to any Indication of Interest Fees forfeited, the Corporation may assess a lump sum of $300.00 as liquidated damages to defray any loss incurred by the Corporation. If delivery of service to said location is deemed infeasible by the Corporation as a part of this project, the Applicant shall be denied Membership in the Corporation and the Indication of Interest Fees, less expenses, shall be refunded. The Applicant may re-apply for service at a later date under the terms and conditions of the Corporation’s policies. For the purposes of this agreement, an Indication of Interest Fee shall be an amount equal to the Corporation’s Membership Fees.
- Fees to be paid to the Corporation prior to initiation of new service are listed below and subject to change in accordance with paragraph #2 of this Service Agreement.
- Membership Fee $__100.00_______
- Single Meter Application Fee $ 25.13 _____
- Front End Capital Contribution Fee $_______________
- Construction Costs $_______________
- Total $_______________
- All water shall be metered by meter(s) furnished and installed by the Corporation. The meter/connection is for the sole use of the Member or Customer and is to provide water to only one (1) dwelling or only one (1) business and does not permit the extension of pipe, pipes, hoses, or any other conveyance to transfer water from one property or dwelling to another, nor share, re-sell, or sub-meter water to any other person, dwellings, business, or property, etc.
- Multiple connections to a single tap is prohibited. Sub-metering or charging a fee to another person shall be considered as a multiple connection and result in discontinuance of service. Service will also be discontinued for tampering with a water meter, by-passing a water meter, or in any other way receiving non-metered water.
- The Corporation ownership, maintenance responsibility, and liability shall end at the Corporation meter. If the Corporation is called out to check on a leak and the leak is found to be on the Member’s side of the meter, a Service Call in the amount listed in the Corporation Tariff will be added to the Member’s next water bill.
- The member is required to provide a working isolation valve on the Member’s side of the meter within 18” of the meter. The Member shall not use the Corporation’s stop valve located in the meter box. The cost of repair for damages to Corporation equipment by the Member will be paid by the Member.
- The Corporation shall have the right to locate a water meter and the pipe necessary to connect the meter on the Member’s property at point to be chosen by the Corporation and the Corporation shall have
Co-Applicant Initial _____
access to the property and equipment located upon Member’s premises at all reasonable and necessary times for any purpose connected with or in the furtherance of its business operation, and upon discontinuance of service, the Corporation shall have the right to remove any of its equipment from the Member’s property. The Member shall provide unobstructed (including restraint of animals including but not limited to dogs, horses, livestock, etc.) access to the meter at all times for the purpose of reading, installing, removing, checking, repairing, or replacing the meter. In the event the Corporation's access is obstructed by loose animals, vehicles that block access to Corporation equipment, or other such occurrences that inhibit the furtherance of Corporation business, the Corporation shall have the right to remove such obstruction and the Member shall be liable for 100% of the cost of such removal plus any service fees allowed by law. The Member shall allow the Corporation to place a Corporation lock on gates where the meter is located inside the Member’s fenced property and where gates are kept locked. The Member shall install at their expense any necessary service lines from the Corporation’s meter to the point of use, including any customer service isolation valves, back-flow prevention devices, and other equipment as may be specified by the Corporation. The Corporation shall also have access to the Member’s property for the purpose of inspecting for possible cross connections and other undesirable plumbing practices.
- The Corporation is responsible for protecting the drinking water supply from contamination or pollution which could result from improper plumbing practices or cross connections. Therefore, the Member/Customer shall have a current Customer Service Inspection completed within 30 days of the date of this instrument. Further the Member/Customer shall have a backflow prevention device as prescribed by the Program Manager (General Manager) properly installed and tested within 18" of the water meter, there shall be no connections between the backflow prevention device and the meter. This installation shall be completed and the original test report delivered to the Corporation no later than 30 days following the date of this instrument. The Member shall see that all plumbing connections are made in compliance with the Federal Safe Drinking Water Act and/or Chapter 341 of the Texas Health and Safety Code rules and regulations. All connections shall be designed to ensure against back-flow or siphonage of undesirable water or other substances into the Corporation water supply. This Service Agreement serves as notice to enforce these restrictions to ensure the public’s health and welfare. The following undesirable plumbing practices are expressly prohibited by State Regulations and Corporation policy.
- No direct connection between the public drinking water supply and potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public water system by an air-gap or an appropriate back-flow prevention assembly in accordance with State Plumbing Regulations. Additionally, all pressure relief valves and thermal expansion devices must be in compliance with State Plumbing Codes.
- No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the proper installation of an air-gap or a reduced pressure-zone back-flow prevention assembly. Further, a current service agreement must exist for annual inspection and testing by a licensed back-flow prevention assembly tester.
Co-Applicant Initial _____
- No connection which allows condensing, cooling, or industrial process water to be returned to the public drinking water supply is permitted.
- No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or repair of plumbing on or after January 1, 2014 at any connection which provides water for human consumption.
- No solder or flux which contains more than 0.2% lead may be used for installation or repair of plumbing on or after July 1, 1988 at any connection which provides water for human consumption.
- No plumbing fixture is installed which is not in compliance with a State-Approved plumbing code.
- The Member/Customer agrees that any new construction, modification, or repairs of the private plumbing/water distribution system will be completed in accordance with the Uniform Plumbing Code as adopted by the State of Texas. Further, the Member/Customer agrees to notify the Corporation in the event of plumbing modifications or changes and if so warranted a new Customer Service Inspection completed.
- The Corporation shall maintain a copy of this agreement as long as the Member and/or the premises are connected to the public water system. The Member shall allow his or her property to be inspected for possible cross-connections and other undesirable plumbing practices. These inspections shall be conducted by a Customer Service System Inspector that is licensed by the Texas Commission on Environmental Quality or a licensed plumber having a Water Supply Protection Specialist endorsement as issued by the State of Texas prior to initiating service or periodically thereafter as required. The inspections shall be conducted at the Member’s expense and the original signed report must be delivered to the Corporation office.
- The Member shall notify the Corporation in writing of any cross-connections or other undesirable plumbing practices which have been identified during the initial or subsequent inspection. The Member shall immediately correct any undesirable plumbing practice on their premises. The Member shall, at his or her expense, properly install, test, and maintain any back-flow prevention device required by the Corporation. Originals of all testing and maintenance records shall be provided to the Corporation as required. Failure to comply with the terms of this Service Agreement shall cause the Corporation to terminate service or properly install, test, and maintain an appropriate back-flow prevention device at the service connection at the Member’s expense. Any expense associated with the enforcement of this agreement shall be billed to the Member.
- In the event the total water supply is insufficient to meet all of the Members needs, or in the event there is a shortage of water, the Corporation may initiate the Drought Contingency Plan/Emergency Rationing Program as specified in the Corporation’s Tariff. By execution of this agreement, the Applicant hereby agrees to and shall comply with the terms of said program.
- By the execution hereof, the Applicant shall hold the Corporation harmless from any and all claims for damages caused by service interruptions due to waterline breaks by utility contractors, tampering by other Member/Users of the Corporation, normal failures of the system, or other events beyond the Corporation’s control.
- As a condition of Membership, Member shall grant to the Corporation, now or in the future, any easements of right-of-way for the purpose of installing, maintaining, and operating such pipelines, meters, valves, and any other equipment which may be deemed necessary by the Corporation to extend or improve service for existing or future Members, or such forms as are required by the Corporation.
- By execution hereof, the Applicant shall guarantee payment of all rates, fees, and charges due on any account for which said Applicant owns a Membership Certificate. Said guarantee shall pledge any and all Membership Fees against any balance due the Corporation. Liquidation of said Membership Fee shall give rise to discontinuance of service under the terms and conditions of the Corporation’s Tariff. Additionally, the Member understands that should their account become delinquent all of the conditions of the current Tariff, rules, regulations and conditions must be met in order to restore water service. Further, should the account become delinquent the member must complete and sign a newly completed Service Application and Service Agreement and place on deposit with the Corporation a delinquent account deposit as outlined in the Corporate Tariff.
- By execution hereof, the Applicant agrees that non-compliance with the terms of this agreement and Corporate Tariff by said Applicant shall constitute denial of service until such time as the violation is corrected to the satisfaction of the Corporation. Further, the Applicant agrees to abide by the terms of the Corporation’s Tariff. It is understood that the Corporation's Tariff may and can be changed from time to time by and with the approval of the Corporation Board of Directors and it is understood that failure to comply with the rules and regulations as outlined in the Tariff may result in termination of service or the Corporation may take steps outlined in the Tariff to resolve the matter. It is also understood that the Member shall be responsible for and liable for payment of any and all expenses associated with the exercising of remedies for failure to abide by the Corporation’s Tariff.
- Any misrepresentation of the facts by the Applicant on this Agreement shall result in discontinuance of service pursuant to the terms and conditions of the Corporation’s Tariff.
- Effective September 1, 1993 the Texas Commission on Environmental Quality requires that the Corporation charge a 0.005 percent tax on water consumed and all services provided.
______________________________ ______________________________
Applicant signature Co-Applicant Signature
______________________________ ______________________________
Approved and Accepted Date Approved
Rincon Water Supply Corporation
6/27/2018
Appendix 3 - Easement Form
RINCON WATER SUPPLY CORPORATION
RIGHT OF WAY EASEMENT
(General Type Easement)
KNOW ALL MEN BY THESE PRESENTS, that _____________________________(hereinafter called “Grantor”), in consideration of one dollar ($1.00) and any other good and valuable consideration paid by Rincon Water Supply Corporation, (hereinafter called “Grantee”), the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove water distribution lines and appurtenances over and across _______ acres of land, more particularly described in instrument recorded in file ______________ of the Deed Records, _______________________ County, Texas, together with the right of ingress and egress over Grantor’s adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall not exceed 15’ in width, and Grantee is hereby authorized to designate the course of the easement herein conveyed except that when the pipeline(s) is installed, the easement herein granted shall be limited to a strip of land 15’ in width the center line thereof being the pipeline as relocated.
In the event the easement hereby granted abuts on a public road and the county or state hereafter widens or relocates the public road so as to require the relocation of this water line as installed, Grantor further grants to the Grantee an additional easement over and across the land described above for the purpose of laterally relocating said water line as may be necessary to clear the road improvements, which easement hereby granted shall be limited to a strip of land 15’ in width the center line thereof being the pipeline as relocated.
The consideration recited herein shall constitute payment in full for all damages sustained by Grantors by reason of the installation or the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor’s premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that said lands are free and clear of all encumbrances and liens except the following:
IN WITNESS WHEREOF the said Grantors have executed this instrument this _____ day of_____________, 20____.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF San Patricio
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared _______________________________ known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledge to me that he (she) (they) executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE ____ day of _______________, 20__.
(Seal)
Notary Public in and for
San Patricio County, Texas
Appendix 4 - Backflow Prevention Assembly Test Form
Appendix 5 - Customer Service Inspection Form
Appendix 6 - Payment Agreement Form
Appendix 7 - Typical Installation/Construction Diagrams
Appendix 8 - Rates, Charges, and Fees
Appendix 9 - Renter Authorization Form
Appendix 10 - Renter Service Application