KWD Service 2

This information was prepared according to the standards set by the Maine Public Utilities Commission (PUC). It describes the minimum standards we must follow for water utility service and tells you how to complain if you are not satisfied.

It has important information that you may need in the future and reflects charges and other specific rules that are current as of December 2005.

Throughout this publication the terms “we” or “us” refer to the Kittery Water District. The term “you” refers to the customer.

TABLE OF CONTENTS

SECTION PAGE

1 APPLICATION FOR SERVICE ………………………………. 4

A. No Discrimination Allowed ………………………………… 4

B. Cost Of Service ……………………………………………… 4

C. Old Unpaid Bills ……………………………………………… 4

2 DEPOSITS ………………………………………………………… 4

A. When We Require A Deposit ……………………………… 4

B. Deposit Amount and Payment Options …………………. 5

C. Return of Deposit ……………………………………………. 5

3 BILLS ………………………………………………………………. 5

A. Billing Procedure for Annual Metered Customers …… 5

B. Seasonal Customer …………………………………………. 5

C. Estimated Bills ………………………………………………… 5

D. Make-Up Bills ………………………………………………….. 6

E. Previous Bills …………………………………………………… 6

F. Third-Party Notice of Bills and Notices …………………… 6

G. Accuracy of Meters …………………………………………… 6

H. Payments ……………………………………………………… 6

I. Property Owner’s Responsibilities Regarding Water Bills…….... 6

J. Financial Assistance ………………………………………... 7

4 PAYMENT PLANS ………………………………………………… 7

5 DISCONNECTION ………………………………………………... 7

A. We Are Not Allowed to Disconnect For: ………………… 8

B. If You Are A Tenant ………………………………………… 8

C. Disconnection Notice ………………………………………… 8

D. When You Want Service Disconnected …………………… 8

6 RECONNECTION …………………………………………………. 9

7 MEDICAL EMERGENCIES …………………………………….. 9

8 INTERRUPTION OF SERVICE ………………………………… 9

9 LIABILITY FOR DAMAGES …………………………………… 10

10 COMPLAINTS …………………………………………………….. 10

11 KITTERY WATER DISTRICT - RULES AND ……………… 11

REGULATIONS

12 DEFINITIONS ..……………………………………………………. 11

13 APPLICATION FOR SERVICE ………………………………… 11

14 ACCESS TO PREMISES ………………………………………… 11

15 UNAUTHORIZED USE OF WATER ………………………….. 11

16 USE OF HOSE AND LAWN SPRINKLER …………………… 12

17 STOP AND WASTE VALVE ……………………………………. 12

18 CROSS CONNECTIONS …………………………………………. 12

19 FLUCTUATION OF PRESSURES BY …………………………. 12

CUSTOMER’S APPARATUS

20 SAFEGUARDING DIRECT PRESSURE WATER …………… 13

DEVICES AND SYSTEMS SUPPLIED BY

AUTOMATIC FEED VALVES

21 MAINTENANCE OF PLUMBING ……………………………… 13

22 JOINT USE OF SERVICE PIPE TRENCH …………………... 13

23 SUBMETERING …………………………………………………… 13

24 WINTER CONSTRUCTION …………………………………….. 13

25 RESPONSIBILITY FOR WATER CHARGES ……………….. 13

26 UTILITY JOBBING ………………………………………………. 14

27 FIRE HYDRANTS ………………………………………………… 14

28 PRIVATE FIRE PROTECTION ………………………………… 14

29 FIRE PROTECTION BILLING …………………………………. 14

30 NO TAMPERING WITH UTILITY PROPERTY ……………. 14

31 APPROVAL OF PLANS FOR NEW SERVICES ……………. 15

AND DEVELOPMENTS

32 TRANSFERRING WATER SERVICE LIABILITY ……………. 15

Section 1 APPLICATION FOR SERVICE

A. No Discrimination Allowed

When you apply for service, we will treat you fairly. You must complete an application form and answer some important questions before we accept you as a customer.

The Kittery Water District will not discriminate on the basis of age, race, color, sex, marital status, religion, ancestry, national or ethnic origin, handicap status or veteran status. We will either agree to provide the service you request or deny it within one (1) work day after application.

If we deny the service, we will send you the reasons in writing and tell you what are your options for service.

B. Cost Of Service

When you apply for service, we will tell you about the basic minimum service costs and about any one-time costs, such as installation fees.

If you have any questions about the cost of your service, contact us using the contact information on the cover of this booklet.

Our rates must be approved by the Maine Public Utilities Commission (MPUC). We cannot change these rates without the approval of the MPUC. You have the right to review and comment on our proposed rates before the MPUC approves or disapproves any changes.

C. Old Unpaid Bills

When you apply for service, we will check to see if you have had service with us before. If you have an unpaid bill, we will ask you to pay it or make a payment arrangement. We can require you to pay bills that are up to six (6) years old. We cannot ask you to pay anyone else’s bill – only those bills in your name or bills a court has said you are responsible to pay.

If you dispute the old bill or you are unable to agree with us about a reasonable payment plan, see Section 10 “Complaints”.

Section 2 DEPOSITS

         We can ask for a deposit only if there is some proof that you will be
           a credit risk, that is, you may not pay your future bills. In most cases,
           “proof that you will be a credit risk” is shown if you have an unpaid bill
           when you apply for service or you have been disconnected for
           nonpayment, unauthorized use or theft of services. These are not all
           the situations in which we can require a deposit. You have the right to
           show us evidence that you can and will pay your future bills and avoid
           the deposit requirement.

A. When We Require A Deposit

· We must tell you in writing and tell you what you can do to begin or continue service

· You can ask for proof that you are a credit risk

· We will tell you what to do if you disagree with the deposit request or amount

· We will pay interest on your deposit

· We will give you a choice between a cash deposit and allowing another person to “guarantee” your bills up to the deposit amount. The guarantor must be a customer in good standing with us.

B. Deposit Amount and Payment Options

We can require a deposit that is equal to your anticipated bills for two (2) months.

You can usually have a choice to pay the deposit in full or in three (3) payments, with half (1/2) the total due immediately, twenty five percent (25%) in thirty (30) days and the remaining twenty five (25%) in sixty days. However, we may demand a full payment of a deposit if you are already using a payment plan to pay off an unpaid bill.

C. Return Of Deposit

We will return your deposit with interest if you pay your bills on time for twelve (12) consecutive months.

Section 3 BILLS

A. Billing Procedure For Annual Metered Customers

We will send you a bill every three (3) months.

B. Seasonal Customer

A seasonal customer is one who regularly takes service for only a portion of the year from either a summer or year-round service line. Except as provided below, a seasonal customer will be subject to the rules and charges of seasonal rates in effect. A customer regularly vacating their premises for three (3) months or less may, however, elect in writing to be classified as an annual customer subject to normal charges twelve (12) months of the year not withstanding any requested temporary suspension of service.

Seasonal minimum meter charges for seasonal metered service shall be rendered immediately after the meter is set for the season and shall then become due and payable. Bills for water used in excess of that allowed for seasonal water service under the minimum meter charge shall be rendered immediately after the final reading for the season and shall then become due and payable, except that the utility reserves the right to render bills quarterly for excess water used by seasonal customers.

C. Estimated Bills

We will try to send you a bill based on your actual usage, but we can send you estimated bills for service. We will not send you two (2) estimated bills in a row, except during extreme weather conditions, emergencies, work stoppages or similar circumstances that would prevent our employees from reading your meter, or if you receive bills on a seasonal basis. If we must regularly issue estimated bills because your meter is not easily accessible, we will give you post cards so you can record the actual meter reading. If you call or send us this post card promptly, we will then issue a bill based on actual usage.

D. Make-Up Bills

If we have to issue a make-up bill for past service that you were not billed for, we will offer you a payment plan. If the reason for the make-up bill is our fault (i.e. equipment failure or our billing error), you will be billed for only one (1) year of past service even if the billing mistake was for a longer period of time.

E. Previous Bills

If you ask for it, we will give you a record of your usage going back a maximum of thirteen (13) months.

F. Third-Party Notice of Bills and Notices

Let us know if you want another person to get a copy of any bill or disconnection notice we send you. We will send a copy to the person you designate, but you are still responsible for payment. This service may be especially important for our elderly, disabled and handicapped customers.

G. Accuracy of Meters

We test your meter regularly to make sure it is operating correctly. The Maine Public Utilities Commission establishes the schedule of required meter tests and the accuracy standards that a meter must meet. If you want your meter tested for accuracy, we will do so at no extra cost to you. If you ask more often than once every eighteen (18) months, we will charge you a reasonable fee for this test. You have the right to be present when the meter is tested, but you have to make an appointment.

You can check the accuracy of your bill and monitor your own usage by reading the meter yourself. Call and ask us for a brochure on how to read your meter.

H. Payments

If you mail your payment to us, your bill is considered paid on the day we receive it. If you pay at our office, your bill is considered paid on the day you make the payment. If you make a partial payment, we will apply it to the oldest balance due first.

You can pay your bill by mail or in person at 17 State Road, Kittery, Me. 03904.

We accept payment by cash, check or money order. If you have more than two (2) dishonored checks, we will send you a notice that will require future payments in cash or certified check only.

You should pay your bill as soon as you can. If you pay after the “due date” stated on the bill, we will take collection action.

I. Property Owner’s Responsibilities Regarding Water Bills

          Effective August 13, 2003, Public Laws of Maine, Chapter 147 F.P.,
          283, LD 804 became law, giving water districts the ability to lien for
          nonpayment of water service. LD 804 states that all persons, firms
            and corporations, whether public, private or municipal, shall pay to
           the treasurer of any water district the rates established pursuant to
      Chapter 61 of the Maine Public Utilities Commission Rules and
          Regulations for the water service used with respect to their real estate.

In the past, a water bill has stayed with the customer – no longer – ultimately the property owner is responsible. To avoid the possibility of a lien against a landlord’s rental property for a tenant’s nonpayment of a water bill, landlords may want to consider maintaining the responsibility of the water bill and including that utility service in their tenant’s rent.

K. Financial Assistance

Low income customers may qualify for help to pay a utility bill. We can help refer you to available programs, but the best source of information is your local Community Action Agency. Call the Citizens Assistance Line at the Division of Community Assistance ( toll free 1-800-452-4617 ) for the name and number of your local agency.

Section 4 PAYMENT PLANS

               We will continue service even if you can’t pay your account in full, as
             long as you pay a reasonable portion of your bill and you agree to
            pay the rest in affordable weekly or monthly payments. You must
            also agree to pay all future bills within 30 days of the postmark until
            the overdue amount is paid in full.

We will consider the following issues when establishing a payment
plan:

a. Your ability to pay

b. Your previous payment history

c. The reason why the bill can’t be paid

d. How long the bill has remained unpaid

e. Whether disconnection would pose a danger to your household

We will send you a written copy of the payment arrangements.

If you do not make payments according to a written payment plan, we can send you a disconnection notice that gives you three (3) business days to pay the full overdue amount. We are not required to make a second arrangement, but we will try to respond to your particular situation.

You do not have to agree to a payment plan or any other proposed settlement of a dispute if doing so means giving up other Rights listed in this booklet.

Section 5 DISCONNECTION

        We don’t want to disconnect your service. We will work with you to
         resolve any problem. However, if a customer refuses to cooperate, we
         have the right to start disconnection procedures when:

a. You fail to pay or make a payment plan for an overdue
bill

b. You don’t keep a written payment plan

c. You fail to pay a deposit, arrange to pay for it or provide someone who is willing to guarantee payment

d. You are using the service without having applied for it

e. You refuse to let us onto your property to install a meter or to repair company property.

f. You have tampered with the meter or somehow managed to obtain service without payment

g. You misrepresented who you are to get service

h. You fail to comply with a decision of the Maine Public Utilities Commission or its Consumer Assistance Division.

A. We Are Not Allowed To Disconnect For:

a. Non-basic service charges, such as for merchandise or services

not regulated by the Maine Public Utilities Commission.

b. An old bill that was not properly transferred to your account when you applied for service.

c. Estimated usage, but we can disconnect for this if you have refused to allow us to read a meter or you have refused to provide an actual reading on our post cards.

We will not disconnect if you or a doctor notify us of a medical emergency. (see Section 7, page 9 of this booklet)

B. If You Are A Tenant

If you are a tenant and if your landlord asks us to disconnect or if your landlord does not pay your bill, we will issue you a notice and opportunity to put service in your own name. You do not have to pay the landlord’s unpaid bill.

C. Disconnection Notice

In most cases, we will notify you in writing at least fourteen (14) days before a stated disconnection date. But we can give you only three (3) working days notice if you’ve broken a payment plan; failed to pay a deposit; paid with a bad check or received service without applying to become a customer. We can disconnect without notice only if there is unauthorized use (meter tampering) or a dangerous condition.

A notice is good for ten (10) business days after the disconnection date stated on it. The ten (10) days may be extended if you refuse to give us access to the meter or other device to turn off service.

The disconnection notice will tell you what to do to avoid disconnection and how you can dispute your bill or the disconnection itself.

We will not disconnect service on a Friday, a weekend, a legal holiday, the day before a holiday or on any day our office is not open for business.

D. When You want Service Disconnected

You must give us at least seven (7) days notice when you want to disconnect your service. We can bill you for service until you give the required notice or we disconnect, whichever is first.

When we disconnect, the meter must be removed and returned to the Kittery Water District and the water turned off at the street in order to stop billing.

Section 6 RECONNECTION

We must reconnect service again promptly, during the business hours on the same day you ask, or at the latest during the next business day, provided you have paid your overdue bill or have agreed to a payment plan. This payment plan will be based on our previous payment history. We can also charge you a deposit equal to two (2) month’s service if you are disconnected for nonpayment, unauthorized use or theft of service. When both a deposit and the unpaid bill are required, you can pay the smaller amount in full and enter a payment plan on the larger amount. We will charge you twenty dollars ($ 20.00) for reconnection during regular business hours and fifty four dollars ($ 54.00) after our normal business hours.

Section 7 MEDICAL EMERGENCIES

We will not disconnect service or refuse to reconnect it when you or someone in your house is seriously ill, provided a registered physician confirms that an emergency exists. If you cannot get a physician to call right away, you may let us know yourself. We will wait three (3) work days for the doctor to contact us. We can require written certification from the doctor, including specific reasons why service is necessary and how long the emergency may last. Disconnection can be postponed due to a medical emergency for up to thirty (30) days, and can be renewed up to ninety (90) days.

A medical emergency does not cancel the bill. We will refer you to financial assistance agencies and ask you to negotiate a reasonable payment plan.

Section 8 INTERRUPTION OF SERVICE

We need to interrupt your service on occasion to repair or maintain our equipment. When possible, we will let you know why and how long you can expect to be without service.

If we plan to interrupt service to more than ten (10) customers or for more then three (3) hours, we must give you at least twenty four (24) hours notice. We will give you more notice whenever possible. If your service must be interrupted without notice for more than three (3) hours due to storms or other emergencies, we will try to let you know as soon as possible how long you are likely to be without service.

If a customer so requests, the District shall make a pro-rata reduction in the customer’s rates if service is interrupted for longer than forty eight (48) hours if the interruption is not the customer’s fault. The reduction shall be applied only to the minimum bill. The District may make this adjustment on the next bill.

If being without service would pose a danger to any member of your household (presence of life support system, for example), notify us. We will put you on a priority list to restore service as soon as possible.

Section 9 LIABILITY FOR DAMAGES

Claims for damages may be filed at the office of the Kittery Water District.

The District will not be responsible for damage caused by discolored or unsatisfactory water service which may be occasioned by cleaning of pipes, reservoirs or standpipes, or the opening or closing of any valves or hydrants, or any abnormal condition, unless caused by the lack of reasonable care on the part of the utility. The District will not be responsible for meeting unusually high water quality standards for specialized or industrial customers.

Section 10 COMPLAINTS

If you have any questions or complaints, call us! We will have at least one (1) employee available during business hours to answer your questions, set up payment plans and resolve disputes. We will investigate your complaint and try to resolve it.

If you disagree with our answer, you have a right to appeal to the Consumer Assistance Division (CAD), of the Maine Public Utilities Commission, State House Station 18, Augusta, Maine 04333. You can call the C.A.D. at 289-3831 or toll free at 1-800-542-4699. Before you call or write the Commission you must give us a chance to respond to your complaint.

We cannot disconnect you for a disputed amount, but you do have to pay the portion of the bill that is not in dispute. If you contact us before the service is disconnected and we cannot agree on a payment plan or other requirement to stop disconnection, you can appeal to the MPUC as described above.

Section 11 KITTERY WATER DISTRICT
RULES AND REGULATIONS

The following rules and regulations made by the Kittery Water District, upon application for or acceptance of service, constitute a contract between the customer and the utility, and the customer will be considered to express his consent to be bound thereby, and to take water only for purposes stated in the application and at the established rates.

Section 12 DEFINITIONS

The word “utility” refers to the Kittery Water District. The word “customer” shall be taken to mean any person, firm, corporation, government, or governmental division who has applied for and is granted service or who is responsible for payment for the service.

The word “main” means a water pipe, owned, operated and maintained by a utility, which is used for the purpose of transmission or distribution of water but is not a water service pipe.

The words “service pipe” refer to the pipe running from the main to the premises of the customer.

Section 13 APPLICATIONS FOR SERVICE

Applications for service are to be made at the office of the District on forms which will be provided by the District. Such applications made be made by either the owner or occupant of the premises. If the rendering of service requires a new service connection, or other work on the owner’s premises, and the application is made by the occupant of the premises, he must present to the utility a permit in writing from the owner authorizing the utility to enter the premises to do the necessary work.

Section 14 ACCESS TO PREMISES

Employees of the District having proper identification shall have free access to all premises supplied with water, at all reasonable hours to permit the inspection of plumbing and fixtures, to set, remove or read meters, to ascertain the amount of water used and manner of use, and to enforce these Rules and Regulations.

Section 15 UNAUTHORIZED USE OF WATER

No customer shall supply water to another, nor shall he use it for any purposes not mentioned in his application without District approval. No person shall obtain water from any hydrant or other fixture of the utility without the previous consent of the utility.

Section 16 USE OF HOSE AND LAWN SPRINKLER

When necessary to conserve the water supply, the District may
restrict or prohibit the use of hoses and sprinklers.

Section 17 STOP AND WASTE VALVE

Every service must be provided with an operable stop and waste valve located inside the building near the service entrance, easily accessible, and protected from freezing. All services shall have a double check valve to prevent back-flow. All double check valves are to be approved by the Kittery Water District.

Section 18 CROSS CONNECTIONS

No cross connection between the public water supply system and any other supply will be allowed unless properly protected in accordance with the directives and rules of the State Bureau of Health, and no new cross connection may be installed without the approval of said Bureau and the District. In addition, no connection capable of causing back flow between the public water supply system and any plumbing fixture, device or appliance, or between any waste outlet or pipe having direct connection to waste drains will be permitted. If the owner of such a connection fails or refuses to break or properly protect the connection within a time limit specified by the District, service shall be discontinued.

Section 19 FLUCTUATION OF PRESSURES BY
CUSTOMER’S APPARATUS

No customer shall install or use water consumption apparatus which will affect the District’s pressure or operating conditions so as to interfere with the service of another customer. Where a customer has or proposes to install apparatus which requires water in sudden and/or material quantities, impairing the pressure to the detriment, damage, or disadvantage of other customers, the District reserves the right to require such customer to install devices or apparatus which will confine such fluctuation of demand or reduction of pressure within reasonable limits determined by the utility.

If the customer, after receiving written notice from the District, fails to present an acceptable remedial plan within a time limit set by the District, service will be discontinued pursuant to provisions of the applicable disconnection rules.

Section 20   SAFEGUARDING DIRECT PRESSURE
                      WATER DEVICES AND SYSTEMS SUPPLIED
                      BY AUTOMATIC FEED VALVES

All customers having direct pressure water devices, including but not limited to hot water tanks or secondary systems supplied by automatic feed valves, should have installed and maintained in operating condition appropriate vacuum, temperature, and pressure relief valves or cutouts in the water system and/or secondary system to prevent damage to the water device or secondary system or their appurtenances should it become necessary to shut off the water main or service or should an abnormal pressure or pressure failure occur for any other reason. Water service supplied to any customer not providing such protective devices will be strictly at the risk of the customer, and the utility will not be liable for damage resulting from the lack of or failure of such protective devices.

Section 21 MAINTENANCE OF PLUMBING

To prevent leaks and damage, all customers shall maintain at their own expense the plumbing and fixtures within their own premises in good repair and protect them from freezing.

Section 22 JOINT USE OF SERVICE PIPE TRENCH

Water service pipes will not be placed in the same trench with other utility facilities and where possible a horizontal separation of ten feet shall be provided.

Section 23 SUBMETERING

If additional or auxiliary meters are desired by the customer for showing subdivision of the supply, he shall furnish, install, read and maintain them at his own expense.

Section 24 WINTER CONSTRUCTION

No new service or extension of mains will be installed during winter
conditions.

Section 25 RESPONSIBILITY FOR WATER CHARGES

Where there is more than one (1) occupant of a building supplied with water, the plumbing must be so arranged by the owner as to permit separate connections with shutoffs and meters in locations acceptable to the District, for each place of business or abode, unless the owner of the premises makes application for services and thereupon assumes responsibility for payment of all charges for water service rendered to the property.

Section 26 UTILITY JOBBING

Whenever the utility undertakes to do work for a customer at his expense, applications for such work shall be made in writing on forms provided by the utility. A deposit may be required equal to the District’s estimated cost of the work and for which deposit the customer will be given a receipt. At the completion of the work, a bill will be rendered. Unless the work is done on a flat rate basis, any excess deposit will be returned, and any amount due in excess of deposit will be payable.

Temporary shutoff and resumption of service outside of normal working hours and for the convenience of the customer will be considered utility jobbing and will be charged to the customer.

Section 27 FIRE HYDRANTS

Fire Hydrants may not be used for any purpose other than the extinguishment of fires. In no case shall fire hydrants be opened by any person other than an agent of the District.

Section 28 PRIVATE FIRE PROTECTION

Customers desiring private fire protection should first consult with the utility as to the nature of service available. Such service will be rendered in accordance with applicable rules of the Maine Public Utilities Commission and the District, and the provisions of rate schedules in effect.

Section 29 FIRE PROTECTION BILLING

Public and private fire protection charges shall be due and payable in advance, each year, on an annual, quarterly or monthly basis.

Section 30 NO TAMPERING WITH DISTRICT PROPERTY

There shall be no tampering with District property. No valve, shutoff, hydrant or standpipe, which is the property of the District, will be opened or closed or otherwise operated, by other than persons authorized by the District.

Section 31 APPROVAL OF PLANS FOR NEW SERVICES
AND DEVELOPMENTS

All plans for approval by the Kittery Water District shall be in the
District’s office two weeks in advance of approval.

Section 32 TRANSFERRING WATER SERVICE
LIABILITY

When a water service is to be transferred from one customer to another, the outgoing customer should contact the Kittery Water District prior to vacating the property, request a final water reading, let us know they wish to have their name removed from the water service account, and provide us with their forwarding address information. We will read the meter on the day requested and prepare a final bill for the outgoing customer.

The outgoing customer is responsible for the account until they notify us, in advance, of the transfer date. If the outgoing customer fails to notify us in advance of the transfer, they remain responsible for the water bill up to the date of notification.

The incoming customer must contact us to confirm occupancy and notify us that they accept responsibility for the water service account, as well as to provide us with their billing information.

If the incoming customer fails to contact us to assume responsibility for the account, water service may be terminated. A three day disconnection notice will be delivered to the property requesting the incoming customer to contact us with their billing information. If we do not hear from the incoming customer by the disconnection date, the water service will be disconnected and there will be a reconnection fee to be paid when the water service is reconnected.

In the case of the sale of a property, the representing real estate agents may contact the Kittery Water District on behalf of the outgoing and incoming customers.

Should a tenant vacate a property and fail to make full restitution, the landlord is ultimately responsible and is subject to the Kittery Water District lien procedures.

(Revised May 26, 2006)

Send mail to GuyHKWD@comcast.net with questions or comments about this web site. Last modified: 04/15/08

Send mail to GuyHKWD@comcast.net with questions or comments about this web site.
Last modified: 04/15/08