A. TITLE. These rules shall be known and may be cited as the LDWA Culinary Water Service Rules.
B. PURPOSE. To establish and enforce uniform culinary water service practices and procedures governing eligibility, deposits, account billing, termination, and Shareholder Payment Agreements in accordance with LDWA Bylaws.
C. POLICY. To assure adequate culinary water service, to restrict unreasonable termination of or refusal to provide culinary water service, and to establish and enforce fair, unbiased, and equitable procedures governing the eligibility, deposits, account billing, payments, and termination of culinary water service.
D. NON-DISCRIMINATION. Culinary water service shall be provided to qualified persons without regard to employment, occupation, race, handicap, creed, sex, national origin, marital status, or number of dependents.
E. CUSTOMER INFORMATION. This policy shall be prominently displayed on the LDWA website, and upon written request from Shareholder, LDWA shall email or mail a copy to Shareholder. LDWA shall continue its obligation to inform its Shareholders of significant amendments to these rules.
II. GENERAL DEFINITIONS, AS APPLICABLE TO THIS POLICY
APPLICANT. An LDWA Shareholder who submits a written request or application to LDWA.
CATASTROPHIC EVENTS. Acts of nature such as earthquakes, tornadoes, floods, sinkholes, fires, or other natural catastrophe; physical assault that is a result of public transportation disasters, explosions, or other such magnitude.
MONTH, SERVICE. The month in which you receive Water Tap or Standby Tap Service.
MONTH, BILLING. The month following the Service Month.
MONTH, SHUTOFF NOTIFICATION. The month following the second consecutive Billing Month.
PROPERTY OWNER. The person(s), corporation, partnership, or other entity, named on the Property Deed recorded with Washington County, Utah. The Property Owner of land served by LDWA is the LDWA Shareholder.
SHAREHOLDER. The current Property Owner, person(s), corporation, business, partnership, or other entity named on the Property Deed recorded with Washington County, Utah, served culinary water from LDWA.
TERMINATION OF SERVICE (SHUTOFF). The terms "termination", "disconnection", and "shutoff" as used in these rules are synonymous and mean the stopping of culinary water service.
III. SHAREHOLDER RIGHTS AND RESPONSIBILITIES
A. RESPONSIBILITY FOR PAYMENT.
•Invoices are mailed to the Property Owner identified by the person(s), corporation, business, partnership, or other entity named on the Property Deed recorded at Washington County, UT. •All account balances are due to be paid in full upon receipt of invoice. Any remaining balance on accounts carried over past the 30th of the Billing Month will generate a late fee in the amount of $5.00 or 10% of on the remaining balance, whichever is greater. •Whether a property is leased, rented, unoccupied, or used for another purpose, the Property Owner is the LDWA Shareholder and is responsible f the Property Owner to provide the invoices to their tenants. •LDWA accepts payments issued by someone other than the Shareholder for payment of account. However, if the account becomes delinquent, the Shareholder is responsible for full payment to LDWA in accordance with LDWA Bylaws, Policies, and Procedures. •If any LDWA infrastructure is damaged or destroyed by a shareholder, their tenant, renter or designee, responsibility for payment of all materials, labor, time, rental equipment, etc, necessary to repair the damage shall be that of the shareholder.
B. FORM OF PAYMENT.
•LDWA accepts personal checks, Cashier’s checks, and money orders. •LDWA cannot accept cash, ATM, debit, credit cards, or counter checks. •LDWA is not responsible for cash payments.
C. MONTHLY INVOICING. Monthly invoices are for water served the previous month and shall be paid in full upon receipt of invoice.
D. DUE DATE. Payment for the full amount of invoice is due upon receipt. Payments must be postmarked no later than the 30th of each Billing Month to avoid assessment of late fees.
E. OVERAGES DUE TO NON-CATASTROPHIC EVENTS. When water usage exceeding the expected monthly amount occurred after the water meter on Shareholder property, IS NOT a result of a catastrophic event, and IS a result of, but not limited to one of the following:
•a defective drip line, •a leaky faucet or tap, •a defective toilet tank, •an open indoor or outdoor tap, or •any other such cause,
the Shareholder shall be responsible for full payment to LDWA for the overage served. LDWA will provide an option for scheduling payments based on the amount owed. While the Association does not recommend or advise Shareholders to seek financial assistance, payments from other sources can be submitted and are accepted.
F. LATE FEES. Any remaining amount due that carries over to the first day of the following month will be assessed the minimum late fee of $5.00 or 10% of the balance due, whichever is greater.
IV. WATER SERVICE NOTICES & SHUTOFFS
A. NOTICES. Invoices are for water served the previous month and are due in full upon receipt. Shut-Off notices are generated when: (i) any balance of $100.00 or more carries over to the following billing month, or (ii) a partial payment is made leaving any balance past due for two (2) or more consecutive months. The shut-off notice includes the full amount due and if not paid by the shut-off notice due date, water service shall be interrupted, meter padlocked, and payment of a Reconnection Fee will be required to re-activate service. B. RE-ACTIVATION OF WATER SERVICE AFTER SHUTOFF. Before water service is reactivated, the Shareholder shall make payment by cashier’s check or money order for (i) the Reconnection Fee; (ii) late fees, (iii) past and current balance due, and (iv) any other assessments that may have been incurred.
V. LDWA RIGHTS AND RESPONSIBILITIES
A. In Accordance With the LDWA Bylaws, Article II, Membership, invoices shall be mailed by First-Class U.S. Mail to the Property Owner of public record, the LDWA Shareholder, during the first week of the Billing Month.
B. Upon written request from Shareholder, if an invoice is misplaced or not received by the 15th of the month, LDWA shall provide a replacement statement.
C. LDWA shall process all payments within three (3) to five (5) business days from date of receipt. LDWA completes deposits by use of an electronic remote deposit banking system to process all payments. The system saves person-hours, mileage, & utilization of resources, and substantially reduces overhead expenses to LDWA Shareholders.
D. LDWA Field Operations Personnel are not authorized to accept payments for invoices.
E. If a Meter Reader cannot gain access to a water meter to make an actual reading, LDWA may take appropriate additional measures in an effort to get an actual meter reading. If after two (2) regular route visits, access has not been achieved, LDWA staff is authorized to (i) notify the Shareholder to arrange to have the meter read as a condition of continuing service; or (ii) LDWA may provide the Shareholder with an estimated bill for the current amount due.
F. NON-LIABILITY FOR DAMAGES. LDWA shall not be liable for any damage to a Shareholder water service user by reason of stoppage or interruption of his or her water supply service caused by fires, floods, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause.
VI. LDWA WATER SHARE REVOCATION & REINSTATEMENT POLICY
PURSUANT TO LDWA BYLAWS ARTICLE X, SECTION 5.
Shareholders in Leeds Domestic Waterusers Association hold shares in the company, and are subject to its Articles of Incorporation and By-Laws. It is the Shareholder's responsibility to read the Bylaws, Articles of Incorporation, Policies, Procedures, and upon request, LDWA will provide copies of the documents to Shareholders free of charge.
The Water Share will be cancelled if the account balance is not paid in full within 90 days from the date of the last payment credited to the Shareholder account. The initial fee for reinstatement of each cancelled water share is $2,500.00, accrues 10% each month, and is capped at $5,000.00, the current cost to purchase a new water share.
VII. SHAREHOLDER INQUIRIES
Shareholders have the right to submit written disputes or inquiries to the LDWA Board of Directors for their determination of account balances in excess of $1,000.00.
Applicants shall submit written requests by email to LDWAcorp@infowest.com, or by U.S. Mail to LDWA, PO Box 460627, Leeds, UT 84746.