EVANS CITY WATER AND SEWER AUTHORITY RESOLUTION
ON BILLING AND COLLECTION PROCEDURES
FOR THE WATER SYSTEM
RESOLUTION NO. 20181219-W
WHEREAS, Evans City Water and Sewer Authority ("ECWSA"), by Resolution No.
2018219-W approved and adopted Sanitary Sewer Rules and Regulations on _December 19th, 2018; and
WHEREAS, the following billing and collection procedures are adopted by the Authority in furtherance of the purposes of Resolution 20181219-W
NOW THEREFORE, be it resolved, that the Evans City Water and Sewer Authority hereby adopt the following billing and collection procedures:
The following provisions supplement the Rules and Regulations aforesaid:
SECTION 6.06: Billing and Collection Procedures
6.06.01 Billing and Payment
Bills and notices relating to the Water System shall be mailed and delivered to the property Owner's address, or, where proper arrangements have been made with the Authority, to the property Owner's last address as shown on the billing books of the Authority and shall be due and payable on their stated due dates.
Bills may be paid in person at the Authority's office during regular business hours, by mail, by drop-off box at the Authority's office, or through the Authority's online payment program.
6.06.02 Meter Reading, Estimated Billing
The Authority will make regular Meter readings monthly, bi-monthly or quarterly. Bills will be rendered as soon as practicable after the reading of the Meters.
When a property has been equipped with a Meter, but an accurate Meter reading cannot be obtained for any reason other than the conditions described in Section 6.07.03 of these Rules and Regulations, the quantity of water used will be estimated for billing purposes. Estimated usage will be based upon actual Meter readings from prior cycles or by such other fair and reasonable methods as may be established by the Authority. Any necessary corrections shall be made in the next billing period following an actual Meter reading.
6.06.03 Replacement of Meters
In the event a Meter malfunctions or fails to provide an accurate reading due to faulty and improperly functioning mechanisms, and is in no part due to any negligent actions by the property Owner, a new Meter must be secured from the Authority and installed at no expense to the property Owner.
Where a Meter malfunctions or fails to provide an accurate reading due to the failure to maintain connected plumbing or is stolen, vandalized, or damaged by abuse or through neglect, a new Meter must be secured from the Authority and installed at the expense of the property Owner. During the period in which the Meter malfunctions or is absent under this scenario, the Authority shall assess double the sewage rental/rates/charges as set forth in Section 6.03 of these Rules and Regulations. The assessment shall continue until a Meter of a size, type, and setting is approved by the Authority and is installed and operating properly. All work related to the replacement of the Meter pursuant to this paragraph shall be done at the expense of the property Owner.
6.06.04 Liens, Penalty and Interest
All Tapping Fees, Reservation of Capacity Fees, Water System rentals/rates/charges, and any other amounts and penalties levied by these Rules and Regulations shall be considered a debt due to the Authority and shall be a lien on the property served.
If any current water and sewer bills are not paid in full by their due dates, a penalty of ten percent (10%) of the current charge will be added to such bills. If not paid within thirty (30) days after the due date, the invoice, plus penalty, shall bear interest at one and one- half percent (1.5%) per month.
The costs of removal, closing or shutting off of services, as well as the expenses of restoring any such services, as further discussed under Section 6.07.06, shall likewise be a debt due to the Authority and a lien on the property served which may be recovered through legal proceedings. A delinquent property Owner shall be liable for all costs and attorneys' fees as incurred by the Authority in the event such legal proceeding occurs.
6.06.05 Payment Arrangements
Owners whose accounts are not more than sixty (60) days in arrears are encouraged to enter into payment arrangements with the Authority. Such arrangements will apportion the amount in arrears over a period of time, adding an amount to the sums billed for current services. Eligibility and the amount of payments shall be determined on a case by case basis, weighing several factors such as: Owner's payment history; amount and duration on the account's arrearage; and the classification of property - Residential, Nonresidential, Commercial, or Industrial.
Owners who enter into payment arrangements and thereafter comply with the terms of that arrangement will not be subject to the termination of services or further collection proceedings.
Upon breach of a payment plan arrangement, the Authority shall not be authorized to accept any further payment plans in order to avoid termination and shall only be authorized to accept payment in full of all outstanding balances, including current charges, penalties, and interest.
6.06.06 Collection of Delinquent Accounts; Termination of Service by the
Authority as a result of Nonpayment
Any account with charges more than ten (10) days past due will be sent a reminder notice, which shall contain:.
A. the Owner's account number;
B. the total amount due an outstanding;
C. a request to pay immediately;
C. a request to pay immediately;
D. the address of the delinquent Billing Unit;
E. warning that failure to pay will lead to legal steps being taken against the
Owner that may result in the termination of water and sewer services;
F. notification that unpaid water and sewer charges are a lien against the Owner's property; and
G. a statement that payment arrangement plans may be made available and a contact telephone number and/or e-mail address for further information.
If any water and/or sewer bill remains unpaid fifty (50) days after the invoice has been delivered, and if no payment arrangement has been made by the Owner, the Authority will initiate collection activity and serve a notice of termination on the Owner's premises. This notice shall state that the delinquent payment must be made, in full, by cash, certified check, money order, or online payment program within three (3) business days, otherwise service will be terminated. Service will not be reinstated until full payment of all delinquent charges, current charges, costs of terminating and/or restoring services, and associated fees have been paid in full.
The failure of an Owner to take action under this section shall result in the termination of services, provided that the Authority has complied with the provisions set forth above,
and provided that such termination of services shall not be performed on a Friday, Saturday, Sunday, bank holiday, day before bank holiday, any holiday observed by the Authority or the day before any holiday observed by the Authority. All costs and fees incurred by the Authority in connection with a service's termination and/or reinstatement shall be the responsibility of the Owner.
In the event an Owner fails to pay any debts due to the Authority as mandated under these Rules and Regulations, the Authority shall be authorized to remove, close, or shut off the sewage connection. The Authority shall also have the right to enter upon the Owner's property being serviced for such purposes and to take any steps as may be necessary to accomplish such removal, closing or shutting off of services.
6.06.07 Liability for Payment of Invoices
All invoices for Water System services, including current and late charges, penalties, and interest, shall be the personal responsibility of the Owner who has applied for the service.
In cases in which the customer who has applied for services is not the Owner of the property, the Owner must fully understand that he, nevertheless, remains responsible for the mentioned invoices, regardless of where or to whom the invoices are sent. Should the Owner desire that the Authority conduct business directly with the customer who has applied for services on the property, the Owner and customer must sign a form reflecting that the customer shall be responsible for the invoices and further requesting that the Authority bill the customer.
The Authority shall notify both Owner and customer of an account with charges more than ten (10) days past due and will provide such notification pursuant to Section 6.07.06 of these Rules and Regulations. For purposes herein, a customer's invoice shall be become overdue the day following the due date shown on the original charge for the services provided.
ENACTED BY THIS RESOLUTION DULY VOTED ON AND APPROVED this
19th day of December 2018.
EVANS CITY WATER AND SEWER AUTHORITY
Edward Tanski, Chairman
Timothy Green, Secretary