As a condition for receiving utility services from the Utility Department, the customer agrees to comply with all provisions of this Code, and any regulations duly adopted by the Tribal Council as well as any other applicable codes or regulations, including being current in the payment of all fees, penalties, costs, damages, or other charges assessed by the Utility Department.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
Lot holders are ultimately responsible for the payment of the Utilities and Environmental Services bills attributed to their lot. The Utility Department may bill someone other than the lot holder only in the following circumstances:
(a) 
The lot holder files a notarized document with the Utility Department authorizing permission for a Council-approved resident to pay for Utilities and Environmental Services;
(b) 
Tribal Court authorizes a resident to pay for Utilities and Environmental Services; or
(c) 
In the event of the death of a lot holder or resident approved by Tribal Council, residents of the lot are responsible for payment of Utilities and Environmental Services until the lot is reassigned.
(i) 
Residents have ninety (90) days to initiate a Temporary Name Change on the Customer Account associated with the lot to avoid shut off and/or discontinuation of services.
(ii) 
Approval of a Temporary Name Change does not confer authority over the lot, nor does it have any bearing on a person’s claims to any improvements on the lot or future assignment of the lot.
(Res. 19-A-151, 12/16/2019, created this section to clarify that a lot holder is a designated customer and explains the process for the tribe to bill someone other than the lot holder for utility services; amended by Res. 23-A-110, 9/5/2023, to place utility payment responsibility on the current residents after the death of a lot holder or approved resident through the “Temporary Name Change on Customer Account” process.)
(a) 
Customer Lines
(i) 
The customer shall be responsible for maintaining and repairing water and sewer lines located on or in the customer’s grounds, building or residence in compliance with applicable regulations.
(ii) 
The customer shall notify the Utility Department in advance of major maintenance or repairs planned for water or sewer lines.
(iii) 
The customer shall permit the Utility Department to inspect the work for compliance with applicable regulations.
(b) 
Utility Department Lines & Facilities.
(i) 
The customer shall be liable for any damage to the Utility Department’s lines, facilities, equipment or other property caused by the customer, the customer’s family, guests, tenants, agents, employees, contractors, licensees, or permittees, or other persons under the customer’s control or authority, pursuant to section 19.06.12.
(ii) 
The customer shall maintain their lot in a manner that does not cause damage to Utility Department lines or facilities, including but not limited to any septic tanks or lift stations located on or near the lot.
(iii) 
The customer shall maintain reasonable access to Utility Department lines and facilities located on their lot for maintenance and repairs.
(iv) 
The Utility Department may issue a notice if a customer’s action or inaction is likely to cause damage to Utility Department lines or facilities or prevents reasonable access to Utility Department lines or facilities for needed maintenance or repairs. The customer shall comply with such notice or be subject to a fine and/or any other sanction provided for in this code.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to make clear customer’s duty to maintain their lot to avoid damage to utility lines and facilities and to provide the Utility Department with authority to issue notices, fines, and/or other sanctions to prevent such damage.)
A customer planning to vacate any grounds, building or residence served by the Utility Department shall notify the Utility Department in writing one week prior to the date the customer plans to either vacate or terminate service, whichever is later. A customer who fails to give notice is responsible for all charges accrued up to one week after notice is received by the Utility Department, or up until service is terminated, whichever comes first.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
During water shortages declared by the Utility Department, customers shall limit their use of water according to allocations established by the Utility Department.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The customer shall not unreasonably withhold permission for the Utility Department to inspect the Department’s and customer fixtures, lines and equipment when necessary to ensure that they are operating in a manner that would not likely disrupt or interfere with utility services. The customer shall be liable for any costs or related expenses caused by his unreasonable withholding of permission.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The customer shall obtain written authorization from the Utility Department prior to making any connection, re-connection with, disconnection from, or other private use of any Utility Department water or sewer system, road, appurtenance, or other utility service or facility. The customer shall apply and obtain written authorization from the Utility Department or authorized delegate prior to constructing any private water or sewer system, or other private utility.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The customer shall not make a cross-connection with the Tribal Public Water supply. A cross-connection is defined as any physical connection between the Tribal Public Water system and another piping system, either water or waste. Any individual source must be totally disconnected from the household plumbing prior to connection to the Tribal Public Water Supply. “Disconnection” done solely by a valve shall not be allowed.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
The customer shall use the sewer collection, treatment and disposal system only for the disposal of normal household liquid waste including waste from toilet facilities, shower and bathing facilities, clothes washing facilities, and kitchen facilities.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
(a) 
The customer shall not dispose of any material into the sanitary sewer which may cause the collection lines, subsurface drain field, or septic tank to become blocked or excessively loaded with solids, except toilet paper or human waste.
(b) 
Prohibited items include but are not limited to: garbage, disposable diapers, sanitary napkins, tampons, contraceptives, flushable wipes, cigarette waste, cat litter, or paper material (other than toilet paper).
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to clarify what items cannot be disposed of into the sewer.)
No customer shall dispose of any toxic, radioactive or otherwise hazardous waste into any Utility Department or private sanitary or storm sewer system. Toxic and hazardous waste includes but is not limited to: oil, pesticides, gasoline, organic solvents, paint, anti-freeze, poisons, and other manufactured chemical compounds.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
No customer shall damage any Utility Department lines or facilities through intentional or negligent actions or inaction. Any damage attributable to customer action or inaction shall be paid for by the customer. Failure to pay for damages shall be grounds for disconnection and/or any other sanction provided for in this code.
(Res. 95-A-082, 9/20/1995)