Water meters shall be installed for all customers of the Henderson Water Utility (HWU).
A. 
"Cross-connection" means a physical connection or arrangement between two otherwise separate systems, one of which contains potable water and the other being either water of unknown or questionable safety, or steam, gas or chemicals, whereby there may be flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. [Defined in 401 KAR 8:010(14)].
B. 
Cross connections between the public water system and any actual or potential source of contamination are prohibited. The General Manager may at his discretion, and after official notice is made, order that public water service be shut off to any premises where a cross connection is found to exist or may potentially exist.
C. 
Protection against backflow and back siphonage shall be provided on any potable water opening, outlet, or connection serving a residential, commercial or industrial building or property, where required by the Kentucky State Plumbing Code. Backflow and back siphonage devices shall be installed by the owner and shall be properly maintained in accordance with HWU policy. For all fire suppression systems, and for all potable water services where applicable, backflow and back siphonage devices shall be tested and inspected in conformance with the Kentucky State Plumbing Code. Test results shall be certified by a qualified individual, and shall be made available for inspection by the General Manager or his authorized representative.
All architects, engineers, contractors, builders, or other persons who shall hereafter erect new premises where sewers are available shall, before erecting the same, exhibit to HWU, through such officer or employee as may be designated from time to time for such purpose, satisfactory evidence that a means has been or will be provided for connecting all sanitary sewage drains and outlets from such building or structure with the HWU sanitary sewer system.
A. 
In accordance with Subsection B below, private sewers running from private property into sewers owned or maintained by HWU shall be equipped with and shall be maintained with check valves or other similar devices as will prevent water or sewage from flowing or backing from the sewers into private property.
B. 
All private sewers, which at the time of heavy rainfall carry back water or sewage from the sewers owned or maintained by HWU into private property, shall be equipped and maintained with such check valves or other similar devices.
C. 
All private sewers draining into public sewers owned or maintained by HWU hereafter located or established shall, when necessary to prevent water or sewage from backing or flowing into such private property, be equipped and maintained with check valves or other similar devices.
D. 
HWU reserves the right to refuse a tapping of any public sewers by private sewers unless all check valves or similar devices are properly installed on private sewers at all places where needed. HWU shall have the right to discontinue the flow and emptying of all private sewers into its public sewers where check valves or such similar devices are necessary and are not installed and maintained as provided herein.
A. 
Charges to be paid in advance. All charges other than actual metered usage are payable in advance. Where charges are assessed at "actual cost," any minimum charge shall be payable in advance.
B. 
Establishing service and required deposits.
(1) 
The charges for establishing service and for temporarily disconnecting services shall be determined from time to time by the City Board of Commissioners and shall be kept on file in the City Clerk's office.
(2) 
All customers who are not owners of real estate shall post a deposit of an amount equal to 1/6 of the annual water and wastewater charges billed to the premises, with a minimum deposit of $40. The deposit will be based on the 12 most recent months, whether consecutive or not, during which water consumption was actually recorded at the premises. If 12 months of water consumption history has not occurred at the premises, or if the past consumption is not believed to be representative of future use, then an approximation of the amount projected over a twelve-month period shall be made and used to calculate the deposit. The deposit shall be pursuant to the provisions of Section 23-99 of the City Code of Ordinances.
A. 
Water and wastewater services.
(1) 
All water utilized from the HWU system for any purpose shall be metered or identified, and appropriately charged for; except as further defined in this section.
(2) 
Water customers outside the City limits of Henderson who are not contract customers shall be charged for all metered water usage the rates set forth in Table B of the rates.[1]
[1]
Editor's Note: The rate tables are included as an attachment to this chapter.
(3) 
Wastewater charges shall apply to all metered water service accounts where wastewater collection and treatment services are also provided to the customer. Wastewater contract customers are billed according to their contract and other exceptions are further defined in this section.
(4) 
Wastewater customers outside the City limits of Henderson who are not contract customers shall be charged the wastewater rates established in Table B of the rates for their metered water usage.[2]
[2]
Editor's Note: The rate tables are included as an attachment to this chapter.
B. 
Irrigation uses.
(1) 
Separate irrigation charges apply to any meter that is used solely for the irrigation of lawns, gardens, landscaped areas, orchards, and similar horticultural uses; or to private or residential swimming pools where the metered water is not returned to the HWU wastewater system.
(2) 
Water utilized through a separate irrigation meter shall be charged for all water consumed the rate established in Tier 1 of Table B of the rates for customers outside the City limits. No sewer charges shall apply to irrigation uses.[3]
[3]
Editor's Note: The rate tables are included as an attachment to this chapter.
C. 
Special uses; temporary water service. Temporary water service to contractors, developers and others for construction purposes shall be metered with a temporary fire hydrant or construction meter permit issued in accordance with the policy of HWU. All usage shall be charged based upon Tier 1 in Table A of the rates for all water consumed.[4]
(1) 
Only HWU personnel or those persons with approved and permitted metering devices may take water from fire hydrants or connections where permanent meters are not installed. It is unlawful for anyone other than HWU personnel to operate any valves connected to the distribution system.
(2) 
No sewer charges shall apply to temporary use water meters, unless it is installed to provide temporary service to a dwelling unit under construction.
[4]
Editor's Note: The rate tables are included as an attachment to this chapter.
D. 
Fire suppression system uses.
(1) 
HWU provides access and availability to the City water distribution system for commercial and industrial standby fire suppression systems. These fire lines shall be "separate," "closed" systems and utilized only for fire suppression. Utilization of water from the fire suppression system for any purpose other than fire suppression or system testing shall not be allowed and is illegal under this section.
(2) 
A monthly standby service charge applies to each established fire suppression system. These charges are identified by "connection size" in Table C of the rates.[5]
[5]
Editor's Note: The rate tables are included as an attachment to this chapter.
E. 
County government uses. County buildings and facilities shall pay applicable water and sewer charges for all metered water usage.
F. 
Wastewater service only. All HWU customers who do not have metered water service but receive wastewater services shall be charged a flat rate per month for these services. The rates shall be as defined in Table D of the rates.[6]
[6]
Editor's Note: The rate tables are included as an attachment to this chapter.
A. 
Authority. HWU has authority to establish specific service fees and charges, and to negotiate agreements and cost-sharing arrangements related to the provision of water and wastewater services for situations not specifically covered by this section.
B. 
Special fees and charges. Fees for specific services such as septic tank haulers fees, plan review fees, construction inspection fees, tap fees, wastewater pretreatment penalties and surcharges, and other similar service fees are reviewed periodically and approved by the Henderson Water and Sewer Commission. These fees reflect the current cost of providing the services plus an appropriate rate of return. Copies of the approved fees and charges are kept at the Henderson Water Utility Administration Office located 111 Fifth Street and are also kept on file in the City Clerk's office.
C. 
Repairs and damages. No person shall maliciously, willfully, or negligently break, damage, uncover, deface, or tamper with any structure, appurtenance or equipment, which is a part of the potable water treatment plants, the potable water distribution system, the wastewater treatment plants, the wastewater collection system, or any attached portion of the systems, including but not limited to water storage tanks, pumping stations, valves, meters, hydrants, pump stations, and manholes. Repairs to any HWU property or equipment including but not limited to water meters, fire hydrants, water and sewer lines, tanks, structures and manholes damaged by the activities of other parties shall be charged to the responsible party at the actual cost to HWU for making repairs or replacing the damaged facilities, plus 15% for administrative costs.
D. 
Theft of service and tampering.
(1) 
Tampering with water meters or stealing potable water service shall be grounds for discontinuance of service. Theft of service and tampering shall include but not be limited to the following:
(a) 
Opening valves at the main or meter that have been turned off by HWU personnel;
(b) 
Bypassing meters in any manner;
(c) 
Taking of unmetered water from hydrants by anyone other than an HWU employee, a fire department employee, or other authorized person, for purposes other than firefighting, street sweeping, testing, or flushing of hydrants;
(d) 
Use of fire suppression service water for any purpose other than fire suppression;
(e) 
Removing, disabling, or adjusting meter registers, cutting wires, or disabling or tampering with any metering or data collection device;
(f) 
Removing or reversing a water meter; or
(g) 
Making any unauthorized connection to the distribution system.
(2) 
Any person damaging, defacing, or tampering with the water treatment plants, distribution system, pumping system, collection system, water meters, water storage tanks, or any person stealing potable water service shall be deemed guilty of a Class B misdemeanor.
E. 
Notice of violation and service cutoff. A notice of violation (NOV) may be mailed or otherwise delivered if evidence suggests the possibility of theft of service or tampering. If in the opinion of the General Manager the theft or tampering endangers public health, or if theft is evident on a customer's premises, the notice of violation may include a provision for the immediate cutoff of service. The City and HWU shall not be liable for any loss or damage resulting from the discontinuance or interruption of service imposed due to theft or tampering.
F. 
Payment of fees and restoration of service. If the City/HWU determines that theft of service or tampering has occurred, it reserves the right to adjust the customer's current bill and bills for the prior 12 months' usage. Service will not be restored until payments are received for all the following: adjusted payment for utility service; a violation payment of $100 per occurrence; service call charges; labor, including on-call and overtime premiums; replacement parts; and reconnect charges. Discontinuance of service shall not release the customer from liability for payment for service already received. The City and HWU shall have the right to refuse service to an applicant or any member of an applicant's household living at the same address whenever such persons are delinquent on any payment to the City, or has had service discontinued because of a violation for theft or tampering.
G. 
Contract rates. HWU shall have authority to establish written agreements and/or cost-sharing arrangements with utility customers that have their own water distribution and/or wastewater collection systems or large commercial or industrial customers that have specific requirements or concerns that are not addressed by the standard HWU rate structure. Contract rates shall adequately reflect the actual cost of providing the services plus an appropriate rate of return on the utility's investment.
It shall be unlawful for any person to violate or fail to comply with the provisions of this chapter. The violation of any provisions of this chapter shall be punishable by a fine not exceeding $500 per offense. Each day that a violation of this chapter continues shall constitute a separate offense.