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52Nov 3 election

Sec. 17-183. - Charges to be based upon water consumption; rate.

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

(a)

The sewer charge imposed in this section shall be based upon a fixed meter charge and the water consumption of the property served either by city water, their own private supplies or both, as measured on an approved type meter.

(b)

The fixed meter charge portion of the sewer charge shall be determined as follows:

Fixed Charge

Meter

Size FY2012

(Current) FY2013 FY2014 FY2015

⅝ $60.00 $60.00 $60.00 $60.00

¾ 100.00 100.00 100.00 100.00

1 150.00 150.00 150.00 150.00

1½ 300.00 300.00 300.00 300.00

2 450.00 450.00 450.00 450.00

3 980.00 980.00 980.00 980.00

4 1,660.00 1,660.00 1,660.00 1,660.00

6 3,440.00 3,440.00 3,440.00 3,440.00

8 4,950.00 4,950.00 4,950.00 4,950.00

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

(c)

Effective November 1, 2011, the water consumption portion of the sewer charge shall be at a rate of $7.78 per 100 cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2012, the rate per 100 cubic feet of water will increase to $8.64.

Effective November 1, 2013, the rate per 100 cubic feet of water will increase to $9.63.

Effective November 1, 2014, the rate per 100 cubic feet of water will increase to $10.74. Consumption Charge

FY2012

(current) FY2013 FY2014 FY2015

Dollar amount $7.78 $8.64 $9.63 $10.74

Nominal increase 0.86 0.99 1.11

Percentage increase 11.0% 11.5% 11.5%

The fixed meter charge and water consumption rate portions of the sewer charge may be adjusted as early as November 1, 2013, pursuant to the findings of a new waste water rate study that the city will commission as expeditiously as possible, but no later than 30 days after the passage of this section; to analyze additional sewer charge distribution options, including, but not limited to, split sewer charge based on residential, commercial or industrial usage class. Such sewer charge adjustments shall only be made if the new sewer charge schedule retains coverage required by indentures.

(d)

Any increase in the fixed meter charge, the rate per cubic foot, or any decrease in the exemption provided for herein must be approved by a vote of four members of the city council.

(e)

Any amount unpaid on the due date, after a seven (7) calendar day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

(f)

Any property using city water or using other than city water which makes use of a so-called "deduct" meter shall not be entitled to the 3,500 cubic foot exemption provided for herein.

(1)

The owner is to install and bear the associated costs of a deduct meter;

(2)

The deduct meter is to meet customary minimum standards as established by the city department of public works;

(3)

The deduct meter is to be installed by a licensed plumber;

(4)

The owner is to submit a certification by a licensed plumber to the city department of public works covering the date of meter installation; the type and specifications of the installed meter; location of the installed meter; and that the meter reads solely extraneous water use;

(5)

The owner is to submit a certification, permission and acknowledgment document to the city department of public works:

a.

Guaranteeing access of unscheduled random meter inspections by authorized agents of the city department of public works; and

b.

Agreement and understanding that sewer use credits will be granted only if all stated owner requirements for deduct meters are met and owner uses city department of public works provided reading cards in reading the deduct meter and submitting the readings to the city department of public works by a prescribed deadline.

(6)

The owner is to submit a certification by a licensed plumber at the ten-year anniversary date of deduct meter installation (and at ten-year intervals thereafter) that either:

a.

A new meter has been installed; or

b.

The meter has received major maintenance and recalibration.

(7)

For filling swimming pools, a property owner may be eligible for a one-time reduction of the sewer charge in the amount of $100.00. The owner is to submit a certification to the city department of public works which states the following:

a.

Date of new pool installation (including submission of the approved building permit), or proof of pool repair (i.e., receipt from repair contractor) which necessitated the draining and refilling of the pool.

b.

Pool must contain a minimum of 7,480 gallons (1,000 cubic feet) which is comparable to an 18-foot diameter above-ground pool, or greater.

c.

That, when emptied, the pool water will not discharge into a city sewer.

d.

Additional credit may not be applied for under the sewer abatement ordinance.

(g)

Upon written request of the property owner, an adjustment of an excessive sewer consumption charge of $250.00 or less may be approved by the director of public works and any requests above $250.00 may be approved by the city council sitting as the claims committee review and recommendation by the director of public works if the request meets all of the following conditions:

(1)

The property owner submits his or her written request within 90 days of any occurrence giving rise to a claim for excessive sewer consumption.

(2)

The excessive consumption must exceed the average of three prior years same period consumption at the property by 50 percent.

(3)

Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.

(4)

If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the director of public works. The average usage for the property will be determined by meter readings. This average will be compared to the period in question, to establish whether or not an adjustment is warranted.

(5)

If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:

Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two, plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.

(6)

The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.

(7)

The property owner shall not be more than 30 days delinquent on their water or sewer bill at the time of a request for a sewer charge abatement.

(8)

Any request for a sewer charge abatement caused in connection with water use associated with leaking toilets, faucets, or other internal fixtures where the water was discharged into the city's wastewater system will not be eligible for a sewer charge abatement.

(h)

On a quarterly basis, the director of public works shall provide to the mayor and the city council a written report stating the total amount of sewer charge abatements requested and the total amount approved by him/her pursuant to section 17-183(g).

(Rev. Ords. 1987, § 17-183; Ch. 47, § I, 1-5-99; Ch. 96, § I, 11-2-99; Ch. 250, § I, 4-15-03; Ch. 251, § I, 4-15-03; Ch. 283, § I, 10-21-03; Ch. 316, § I, 8-10-04; Ch. 369, § I, 11-1-05; Ch. 418, § I, 3-20-07; Ch. 468, § I, 11-5-08; Ch. 483, § I, 8-11-09; Ch. 503, § I, 5-4-10; Ch. 517, § I, 11-16-10; Ch. 518, § I, 11-16-10; Ch. 555, § 2, 4-26-12; Ch. 591, § I, 11-19-13; Ch. 687, § IV, 11-21-17; Ch. 740, §§ I, II, 7-16-19)

Cross reference— Water rates, § 17-36 et seq.