EVANS CITY WATER AND SEWER AUTHORITY RESOLUTION
ON
BILLING AND COLLECTION
PROCEDURES
FOR THE SEWER SYSTEM
RESOLUTION NO. 20181219-S
WHEREAS, Evans City Water
and Sewer Authority ("ECWSA"), by
Resolution No.
2018129-S 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-S.
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 6.07: Billing
and Collection Procedures
6.07.01 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.
6.07.02 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.
6.07.03 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.
6.07.04 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.
6.07.05 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.
6.07.06 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 and outstanding
C. a request to pay
immediately;
D. the address of the delinquent Billing Unit;
E. a
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.
6.07.07 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
By:
Edward
Tanski, Chairman
ATTEST:
Timothy Green, Secretary
(SEAL)