[Adopted as Ch. 63, Art. II, of the 1967
Code]
As used in this article, the following terms
shall have the meanings indicated:
That portion of the service pipe between the connection at
or near the property line and the structures on the premises to be
supplied.
Any customer engaged in a trade or commerce.
[Amended 8-23-2022 by Ord. No. O-22-10]
Mixed-use property that includes commercial and residential
space.
[Added 8-23-2022 by Ord. No. O-22-10]
Where applicable in context, includes and refers to any person,
persons, firm, agency or corporation, irrespective of gender, who
may be an applicant for or a user of water service.
Any customer whose primary business is the creation, fabrication
or manufacturing of a product.
[Added 8-23-2022 by Ord. No. O-22-10]
Property owned by a government agency.
[Added 8-23-2022 by Ord. No. O-22-10]
Property zoned specifically for dwelling for individuals
or households and identified as a single-family dwelling unit.
[Added 8-23-2022 by Ord. No. O-22-10]
Residential property designed with multiple separate housing
units for individuals or households contained in one building or several
building within one complex.
[Added 8-23-2022 by Ord. No. O-22-10]
A permanent building which can be sold as a separate building.
Determination as to whether or not a building is a separate unit or
a multiple unit shall be made on the basis of whether or not there
exists a permanent wall-bearing partition and such other pertinent
factors as may exist.
Any customer whose primary business is the creation, fabrication
or manufacturing of a product.
That charge which is applicable to the first application
for water service piping or an application for an enlarged water service
piping to an individual building. It is intended to cover those instances
where new or enlarged piping is necessary to provide water service
at an address.
That portion of the street service connection running from
the main across the street to supply water to more than one individual
building.
A supply pipe, owned and maintained by the Water and Sewer
Department, to which street service connections are attached to supply
water to one or more customers.
A mechanical device or devices to measure and record the
quantity of water supplied to the customer.
Written notice addressed to the Superintendent, Water and
Sewer Department, City Hall, Hagerstown, Maryland, and deposited in
the United States Mail postage prepaid or delivered in person to the
Superintendent of the Water and Sewer Department.
A pipe with appurtenances used to conduct water from the
main to the customer's private fire protection system.
The curbline in all cases where a side walk is established
or provided for in front of any lot or property abutting on any street
or highway.
One which is used to supply water to customers who are primarily
seasonal in operation or who require increased water service for equipment
or processes operated only for part of the year.
One which is used to supply water to customers for standby
or breakdown purposes or to supplement the customer's water supply.
A pipe with appurtenances used to conduct water from the
mains to the property line.
That portion of the street service connection attached to
a main or a lateral through which an individual building is served.
One which is used to supply water to customers for temporary
purposes and to housing without permanent foundations.
That charge applicable to the initial turn-on of water service
at a customer's billing address when service has been discontinued
due to nonpayment of bills.
In context, the City of Hagerstown, Maryland; the Board of
Water Commissioners of Hagerstown, Maryland; the Water and Sewer Department
of Hagerstown, Maryland; or a combination of one or more thereof,
together with their officers, agents and employees.
One which is used to supply water to customers who use said
supply during 12 months of each year.
Nothing in these rules and regulations shall
be construed to impose or place upon the Water and Sewer Department
(i.e., upon the City of Hagerstown, Maryland, or upon the Board of
Water Commissioners of the City of Hagerstown, Maryland, or upon any
agent, servant or employee of said City or said Board of Water Commissioners)
any obligation, responsibility or duty to inspect, maintain and/or
repair any water piping, apparatus, appliance or equipment, except
only such metering facilities, if any, owned by the Water and Sewer
Department as may be installed on the customer's premises, on the
customer's side of the point of delivery of water to such customer.
No agent, employee or representative of the
Water and Sewer Department shall have any right or authority to make
any promise, commitment or agreement not expressly authorized by these
rules and regulations.
A.
All contracts for water service shall be subject to
all rules and regulations heretofore or hereafter adopted or promulgated
by the Board of Water Commissioners and all applicable ordinances
of the City of Hagerstown, Maryland, which may be now or hereafter
in force.
B.
All applicants for water service shall sign such application
to obtain water service as the Water and Sewer Department may require.
A fee shall be charged for each application for water service which
shall be due and payable at the time the application is filed. The
Council of the City of Hagerstown shall by ordinance fix, establish
and adjust the amount of the water service application fee in accordance
with the Charter of the City of Hagerstown. All applicants for water
service shall sign such form of service contracts as may be acceptable
to the Water and Sewer Department.
[Amended 6-17-2003 by Ord. No. 2003-23]
[Amended 7-15-1974]
A.
Water service shall not be supplied to any customer
or customers until the Water and Sewer Department determines from
its examination and consideration of the application of said customer
that the furnishing of water service to said customer shall be feasible
from the standpoint of the Water and Sewer Department.
B.
Any proposed connections and waterlines connecting
to the waterlines of the City shall comply with all existing rules,
regulations, ordinances and statutes that may be applicable.
[Amended 5-27-1969; 7-15-1974; 6-5-1978; 4-17-1990 by Ord. No. 1990-15; 10-16-1990 by Ord. No.
1990-48; 7-21-1992 by Ord. No. 1992-31; 6-21-1994 by Ord. No.
1994-20; 12-22-1998 by Ord. No. 1998-60; 11-23-1999 by Ord. No.
1999-51; 6-27-2000 by Ord. No. 2000-28]
A.
The initial service connection charge for water service
shall be due and payable at the time of application for water service
and shall be determined in accordance with the following schedule
of fees:
[Amended 5-22-2001 by Ord. No. 2001-18; 3-25-2003 by Ord. No. 2003-10; 7-1-2003 by Ord. No. 2003-24; 9-29-2020 by Ord. No. O-20-28; 8-23-2022 by Ord. No. O-22-10]
|
Application fee: $50.00
| |
|---|---|
|
Service Pipe Size
|
Fee
|
|
3/4-inch (5/8-inch meter)
|
$815.00
|
|
1-inch single (3/4-inch meter)
|
$1,025.00
|
|
1-inch double (two 3/4-inch meters)
|
$1,300.00
|
|
1-inch RS Special
|
$1,610.00
|
|
2-inch service
|
$1,890.00
|
(1)
Permits
required:
(a)
Water service connection permit for the approval of all residential
and nonresidential service.
(b)
Allocation increase permit for the approval of all increases in the
volume of water above the established allocation due to change in
use, redevelopment, or any other cause resulting in the need for additional
allocation.
B.
The fee for all services larger than two-inch shall
be based on the cost of materials, labor, equipment and overhead at
the time of formal application for service.
C.
Front-footage charges, where applicable, shall be
a minimum of $21 per accessible front foot and shall be considered
a part of the service connection fee.
E.
Length of service extensions shall not exceed the
limits as set forth in the rules and regulations of the Water and
Sewer Department.
F.
Charges are based on standard installation specifications
for each type of service as established by the Water and Sewer Department.
Any variation or change required by the property owner which results
in a higher cost shall be performed at the property owner's expense.
G.
Water benefit charge.
[Amended 3-25-2003 by Ord. No. 2003-10; 7-12-2005 by Ord. No. O-05-19; 4-23-2019 by Ord. No. O-19-04; 8-23-2022 by Ord. No. O-22-10]
(1)
General.
(a)
In addition to all other charges, fees and assessments there
is hereby established a water benefit charge. A water benefit charge
shall be assessed for all properties currently served and new customers
requesting water service. The water benefit charge shall be the amount
or amounts equal to the product of the allocation established by the
City in annual average of the gallons used per day multiplied by the
current established benefit charge rate per gallon. The Mayor and
Council may establish a different benefit charge for service within
the City's corporate boundaries from that established for service
outside the City's corporate boundaries. The Mayor and Council
of the City of Hagerstown shall, by ordinance, fix, establish and
adjust the amount of the minimum benefit charge(s) and the amount
of the benefit charge rate(s) per gallon of allocation, in accordance
with the Charter of the City of Hagerstown. If, for any reason, the
benefit charge is not paid when due, then the outstanding balance
owed will constitute a lien on the property served and be collectible
in accordance with applicable legal remedies.
(b)
The water benefit charge is due and payable prior to the approval
and issuance of any permits for improvements on a property.
(c)
Administrative policies for the water benefit charge shall be
established by the Water and Sewer Department and shall be available
at the Water and Sewer Department and the office of the City Clerk.
(2)
Residential customers. All individually metered residential properties
will have a minimal allocation for service of 200 gallons per day
per dwelling unit. This allocation shall not be adjusted except for
changes in the number of dwelling units or changes to nonresidential
use.
(3)
Residential and residential-multi customers. All master metered residential
and residential-multi properties will have a minimum allocation of
100 gallons per day per dwelling unit. Additional allocation may be
purchased for a maximum of 200 gallons per day per unit based on annual
average usage per dwelling unit for approved units at the time allocation
was established.
(4)
Nonresidential customers.
(a)
General. All nonresidential customers shall pay for each gallon
of allocation based on the customer's annual average daily usage.
Usage shall be averaged for the billing periods in each calendar year.
The minimum allocation for all service connections shall be 100 gallons
per day.
[1]
The estimated daily volume of water usage by a customer shall
be determined by the Water and Sewer Department from the previous,
current and/or anticipated amount of water consumption and other factors
considered significant by the Water and Sewer Department and/or from
information provided by the applicant or other approved sources.
[2]
Allocation shall not be increased unless the following requirements
are met:
[a]
Owner shall make application to the Water and Sewer
Department in writing a minimum of six months prior to exceeding the
established property allocation when a change in process, production,
number of units, redevelopment, or any other change in property use
that may or shall result in exceeding the established property allocation.
[b]
Should the annual average daily usage exceed the established allocation by 100 gallons per day or greater and the owner has not made application as required in Subsection G(4)(a)[2][a] to purchase additional allocation, the City has the authority to terminate water service in accordance with § 238-17 of City Code.
(b)
New customers. The water benefit charge shall be levied upon
an applicant for water service or a building permit based upon the
allocation established with the approval of an application for water
service. The initial fee shall be calculated in accordance with the
benefit charge administrative policies and this article.
(c)
Existing customers. The Water and Sewer Department shall notify
each nonresidential customer of the proposed allocation for said customer
who, on the date of the adoption of this article, is a customer. The
allocation assignments for existing nonresidential customers shall
be based on previous water use patterns. Unless a customer shall inform
the Water and Sewer Department, in writing, within 30 days of receipt
of said notification of allocation of his intention to file a written
request for an allocation increase, and unless, said customer shall
have filed said written request within 90 days of his receipt of said
notification of allocation, the proposed allocation shall be the established
allocation for the customer, and any subsequent written request by
him for an allocation increase shall be subject to a water benefit
charge in accordance with the provisions of this article. All written
requests for an allocation increase shall be handled in accordance
with the provisions of this article and the administrative policies.
(d)
Modification. If as a result of reviews conducted by the Water
and Sewer Department, it is determined that the volume of water usage
by a nonresidential customer has been less than the established allocation
for said customer by 100 gallons per day or more for at least one
year, the Water and Sewer Department may notify the owner or his agent
thereof that his established allocation will be reduced to the proposed
allocation as determined by the Water and Sewer Department. When notified
by the Water and Sewer Department of such decrease, owner or his agent,
shall then have a total of 90 days from the date of receipt of said
notification to file a request to again increase his established allocation.
If the owner or his agent does not file an application for an allocation
increase, then the new reduced allocation amount as determined by
the Water and Sewer Department shall automatically take effect. If
however, the owner exceeds this new determined allocation but stays
within his original allocation for three consecutive years, the owner
or his agent will not be assessed any additional benefit charge and
the established allocation will be increased consistent with the highest
annual average usage for the prior three-year period. The approving
authority shall have the right to apply any allocation amount that
is taken from a customer, or an owner or his agent, to another customer,
owner or his agent. If, as a result of reviews conducted by the Water
and Sewer Department, it is determined that the volume of water usage
by any nonresidential customer shall be greater than the established
allocation for said customer by 100 gallons or more for at least one
year the Water and Sewer Department may notify said owner of his new
established allocation and he shall have the same rights to request
a decrease in the allocation as provided in this subsection for a
customer whose allocation has been decreased. If the new allocation
as finally determined hereunder is higher the owner will be charged
at that level of allocation.
(5)
Transfer of allocation.
(a)
Transfer of allocation shall only be permitted for properties
with purchased allocation. Allocation assigned when the benefit fee
rules and regulations were adopted cannot be transferred.
(b)
Transfer of allocation shall only be permitted when the existing
established allocation is 1,500 gallons per day or greater. One thousand
gallons per day allocation shall remain with each property. Transfer
of allocation is not authorized when the existing allocation is equal
to or less than 1,000 gallons per day. Property shall be zoned for
commercial or industrial development.
(c)
Transfer of allocation may be authorized one time for property
zoned commercial or industrial. In the event a property is sold, transferred,
etc., and allocation was previously transferred, additional allocation
transfer shall not be permitted. Transfer of allocation shall be between
properties shall be located within the same government jurisdiction
(either City or county) and located in the medium range growth area
(MRGA).
(d)
Property redevelopment. Transfer of allocation shall be authorized
on properties with two or more parcels or lots within the redevelopment
plan provided there is excess established allocation on one or more
parcel or lot in the redevelopment plan. Property shall be zoned for
commercial or industrial development.
(e)
Transfer of allocation from properties located inside municipal
limits to properties outside municipal limits but within the MRGA
may be authorized in accordance when the properties are zoned commercial
or industrial.
[1]
The allocation transfer must comply with § 238-10G(5)(a).
[2]
The allocation transfer shall only occur when the highest average
annual usage for the previous three years remains with the property.
[3]
Transfer of allocation from properties zoned commercial or industrial
located inside municipal limits to properties zoned commercial or
industrial zoned located outside municipal limits and within the MRGA,
is contingent upon recommendation from the Director of Planning and
Code Administration and the Director of Utilities to, and approval
by, the Mayor and City Council.
(f)
Payment of benefit fee differential for outside customers shall
be required when allocation is transferred from a municipal property
to a property located outside Hagerstown corporate boundaries.
(g)
All City Code requirements and City policies pertaining to water
service remain in full effect.
(6)
Benefit charge rate. The Mayor and Council of the City of Hagerstown
shall by ordinance fix and establish the amount of benefit charge
rate per gallon of allocation in accordance with the Charter of the
City of Hagerstown. If for any reason the benefit charge is not paid
when due, then the outstanding balance owed by the property owner
shall constitute a lien on the property served and shall be a collectible
in accordance with Article 23(a) of the Annotated Code of Maryland.
The benefit charge rate per gallon shall be assessed as follows:
|
Inside Water Benefit Charges
| ||||||
|---|---|---|---|---|---|---|
|
Benefit Fee
|
Current
|
FY20
|
FY21
|
FY22
|
FY23
|
FY24
|
|
Per gallon
|
$12.50
|
$12.88
|
$13.27
|
$13.67
|
$14.08
|
$14.50
|
|
Minimum: 200 gallons
|
$2,500
|
$2,576
|
$2,654
|
$2,734
|
$2,816
|
$2,900
|
|
Outside Water Benefit Charges
| ||||||
|---|---|---|---|---|---|---|
|
Benefit Fee
|
Current
|
FY20
|
FY21
|
FY22
|
FY23
|
FY24
|
|
Per gallon
|
$12.50
|
$12.88
|
$13.27
|
$13.67
|
$28.16
|
$29
|
|
Minimum: 200 gallons
|
$2,500
|
$2,576
|
$2,654
|
$2,734
|
$5,632
|
$5,800
|
|
Outside benefit charges shall become effective on October 1,
2022.
| ||||||
H.
All applicable connection fees and front footage charges
shall be paid when application is made for service connection.
I.
Use of funds. The revenues received from the Water
and Sewer Department benefit charge are to be used exclusively to
fund major capital additions, replacements or improvements to the
water treatment plants, transmission system, pumping stations and
water storage facilities.
All contracts for water service shall be signed
in the true name of the customer desiring such service, and the use
of a fictitious name by the prospective customer shall be sufficient
reason for the refusal and/or termination of service.
When it may appear to the Water and Sewer Department
that the requested water service will be temporary, the Water and
Sewer Department may, at its option, either furnish or decline to
furnish such service. If the Water and Sewer Department elects to
furnish such service, the applicant for service shall pay to the Water
and Sewer Department, in advance, the estimated cost of constructing
such service, including the cost of all labor, materials and supervision
required.
All water piping and equipment on the customer's
premises shall be available to the Water and Sewer Department and
to all inspectors of the City of Hagerstown, Maryland, who may have
jurisdiction over such piping and equipment; provided, however, that
the Water and Sewer Department shall not be deemed to have assumed
the responsibility to inspect, repair or maintain any piping or equipment
on the customer's side of the point of delivery as hereinafter located
and defined in these rules and regulations.
A.
Before water service is connected, or at any time
thereafter, the Water and Sewer Department may require evidence satisfactory
to itself from any water customer that all bills for water service
rendered or to be rendered will be paid promptly, or in lieu thereof,
the Water and Sewer Department may require any such water customer
to maintain on deposit with the Water and Sewer Department an amount
sufficient to pay the estimated bills for all water service to such
customer for not more than one billing period plus 30 days. Deposits
shall not bear interest. The Water and Sewer Department may discontinue
water service without notice to any customer who may fail to make
or maintain the deposit required by the Water and Sewer Department.
All or any portion of the deposit by a water customer may be applied
by the Water and Sewer Department at any time upon any delinquent
or unpaid bill owned by such customer.
B.
Such deposits, as outlined above, shall be refunded
at the termination of service after all charges that may be due and
payable by the customer have been paid.
C.
A customer who has made application for water service
to a premises shall be held liable for all water service furnished
to such premises until such time as the customer properly notifies
the Water and Sewer Department to discontinue the service for his
account.
D.
In the event that the Water and Sewer Department is
unable to collect all bills for water service rendered at any location
by other means, it may require payment from the property owner at
such location, as provided by law.
A.
All bills shall be due and payable when mailed and
shall become delinquent 20 days after such date. If any bill rendered
by the Water and Sewer Department is not paid within 30 days after
the date thereof, the Water and Sewer Department may discontinue water
service to such customer after notice. A reconnection charge shall
be assessed when service has been discontinued due to nonpayment of
bills and shall be payable prior to reconnection of the water service.
The charge for reconnection shall be $50 when performed between 8:00
a.m. and 3:00 p.m. and $100 when performed between 3:00 p.m. and 8:00
a.m. and on weekends and holidays.
[Amended 10-16-1990 by Ord. No. 1990-48; 7-21-1992 by Ord. No. 1992-31; 5-22-2001 by Ord. No. 2001-18; 6-20-2006 by Ord. No. O-06-16; 9-29-2020 by Ord. No. O-20-28]
B.
Bills and notices to any customer shall be deemed to have been presented and given when deposited in the United States Mail, addressed to the last known address of such customer as shown on records of the Water and Sewer Department, or when delivered in person by a Water and Sewer Department employee. Notices to the Water and Sewer Department shall be given in writing as defined in § 238-5, definition of "notice to Water Department."
C.
Water service to each customer shall be for the sole
use of such customer on the premises described in the service application,
and the resale or submetering of water by such customer is prohibited.
A separate bill shall be rendered for each meter, and water furnished
to the same customer through separate meters shall not be added or
cumulated for billing purposes, irrespective of the location of the
meters, excepting only when such separate meters are installed on
the same premises for the convenience and at the request of the Water
and Sewer Department, in which event the water furnished through said
meters may be cumulated for billing purposes.
D.
Payments shall be made at the office of the City Treasurer
or at such other conveniently located places as may be designated
by the City Treasurer.
E.
The Water and Sewer Department will not be bound by
bills rendered under mistake of fact as to the quantity and nature
of water service rendered.
F.
The Water and Sewer Department shall have the right to read meters and render bills either monthly or quarterly, or for such other period as may be deemed practicable by the Water and Sewer Department, and such bills shall be due and payable as provided in Subsection A of this section.
G.
In the case of a disputed account involving the accuracy of a meter, such meter may be tested upon the request of the customer, and bills will be adjusted as provided in § 238-36D(1) and (2).
H.
The minimum charge for each applicable tariff shall
be paid whether such quantity of water is used or not, and no credit
shall be allowed for any cause unless discontinuance of service has
been requested by the customer and water has been shut off by the
Water and Sewer Department for the period involved.
I.
If, for any reason, service is discontinued before
the expiration of one month from the commencement of service, a bill
for at least the minimum charge for one month will be rendered.
J.
A late payment charge of 10% will be calculated upon the total charges
and applied to the water and wastewater bill or any portion of the
bill not paid by the current amount due date. Each subsequent water
and wastewater bill not paid in full will be subject to the aforementioned
late payment charge on the unpaid balance.
[Added 6-18-2013 by Ord. No. O-13-16]
K.
A fee of $50 shall be applicable to all water meters pulled per customer's
request. A fee of $50 shall be applicable to all water meters reinstalled
per customer's request.
[Added 9-29-2020 by Ord. No. O-20-28]
L.
An account transfer fee shall be assessed for each water account
transferred when a property is sold or the owner of record for a property
is changed . Special readings or account information must be provided
by the City to facilitate the transfer. The transfer fee shall be
$50 per each water account transferred.
[Added 9-29-2020 by Ord. No. O-20-28]
M.
A collection fee of $35 (or the maximum allowed by the Maryland Commercial
Law Article, as amended from time to time, if greater) shall be assessed
against all dishonored checks not paid within 30 days of notice of
dishonor.
[Added 9-29-2020 by Ord. No. O-20-28]
The Water and Sewer Department will not allow
its mains or services to be connected on any premises with any service
pipe or piping which is connected with any other source of water supply;
nor will it allow its mains or service pipes to be in any way connected
to any vat, tank or other apparatus which contains or may contain
any other liquid or chemicals. The Water and Sewer Department will
refuse to give service to any premises having such connections until
any and all such existing conditions are terminated.
The Water and Sewer Department shall have the
right and privilege to discontinue water service to any customer and/or
refuse water service to any customer, whether theretofore served or
not, for any reason which, in the sole judgment and direction of the
Water and Sewer Department, may be valid or sufficient.
A.
The Water and Sewer Department shall, on verbal notice
of the customer or his agent, turn water on or off for repairs or
alterations without in any way affecting the existing application.
If such service is rendered, a reasonable charge may be made to cover
costs incurred by the Water and Sewer Department for such services.
B.
Service will be temporarily discontinued upon the
written order of the customer without in any way affecting the existing
application; provided, however, that the turn-on-charge may be made
to cover costs incurred by the Water and Sewer Department for such
services.
C.
Services will be permanently discontinued at the customer's
request when proper notification is made to the Water and Sewer Department.
Upon receipt of such notification, the Water and Sewer Department
shall read the customer's meter, and charges for water service rendered
up to and including the time of cutoff shall be computed and will
become due and payable immediately.
Employees of the Water and Sewer Department,
with proper identification, shall have the right to enter upon the
premises of any water customer at any time during ordinary business
hours for the purpose of examining, testing, changing and/or moving
any water equipment, meters, apparatus and/or piping of the Water
and Sewer Department or measuring the customer's water demand.
A.
The Water and Sewer Department shall have no duty,
obligation or responsibility with respect to water piping, appliances,
equipment or apparatus on the premises of any water customer other
than to provide a water meter and a service connection from the distribution
system of the Water and Sewer Department to the point of delivery
of water to the customer, which point shall be considered the connection
at or near the property line.
B.
The customer shall notify the Water and Sewer Department
immediately of any change or changes in connected load or in water
equipment on the customer's premises which might affect water service
to such customer or to any other water customer of the Water and Sewer
Department, and the Water and Sewer Department shall have no duty,
obligation or responsibility arising out of or resulting from the
customer's failure to so notify the Water and Sewer Department.
C.
The Water and Sewer Department shall not be liable
for any injury, damage or loss resulting from the use of water on
the customer's premises or from the presence, location, maintenance
or use of any water piping, fixtures or equipment on the customer's
premises.
D.
If, for the purpose of making repairs, extensions
or connections or for any other reason beyond the control of the Water
and Sewer Department, it becomes necessary to shut off water in mains,
the Water and Sewer Department will not be responsible for any damage
occasioned by such shutoff. The Water and Sewer Department will not
be responsible for damages caused by turbid water which may be occasioned
by cleaning of pipes, reservoirs or standpipes or the opening or closing
of any gates or hydrants or any other cause which is not the result
of negligence on the part of the Water and Sewer Department.
E.
In order to maintain proper and sufficient pressures
in the distribution system for fire protection and other purposes;
the Water and Sewer Department reserves the right, at all times, to
determine, limit and regulate, in a reasonable and nondiscriminating
manner, the maximum amounts of water a customer may use.
F.
Nothing shall be attached or fastened to or placed
upon any meter, fixture or equipment of the Water and Sewer Department
unless prior permission, in writing, shall have been given by the
Superintendent of the Water and Sewer Department, and the Water and
Sewer Department shall not be liable for any injury, damage or loss
arising out of or resulting from any such attachment to its meters,
fixtures or equipment.
A.
Each customer shall pay the Water and Sewer Department
for all damage to or destruction of property of the Water and Sewer
Department located on or off the customer's premises where such is
caused directly or indirectly by the customer's officers, agents or
employees, excepting only that resulting from ordinary wear and tear,
acts of God and acts of employees of the Water and Sewer Department.
B.
Each customer shall notify the Water and Sewer Department
promptly of any defect in water piping equipment or apparatus of the
Water and Sewer Department or of any existing condition which might
affect water service to the customer or might be dangerous to persons
or property. All such notices and all complaints concerning water
service by the Water and Sewer Department shall be made in writing
to the Water and Sewer Department at City Hall.
C.
If any water customer has on his premises any water
piping connection apparatus or device which prevents a water meter
or meters on such premises from registering or recording properly
all water used or to be used or which enables such customer to obtain
or use any water without the same having been registered and/or recorded
properly by a water meter or meters of the Water and Sewer Department
or if any water customer shall fail or refuse to observe, fulfill
and comply faithfully with all rules and regulations heretofore or
hereafter promulgated by the Water and Sewer Department, the Water
and Sewer Department shall have the right to discontinue water service
to such customer and to terminate any contract or contracts with such
customer immediately and without notice to the customer.
D.
The Water and Sewer Department may, at its option,
refuse to render water service to any water customer whose service
has been discontinued until the customer has paid in full for all
water theretofore furnished by the Water and Sewer Department to the
customer's premises (including all water which has not been registered
or recorded properly by a water meter or meters of the Water and Sewer
Department) and has paid for all damage to water meters and other
equipment, facilities or property of the Water and Sewer Department
and until the customer's water piping and service installation shall,
at the customer's sole cost, risk and expense, have been placed in
such condition as shall be acceptable to the Water and Sewer Department.
A.
The Water and Sewer Department shall make every reasonable
effort to eliminate interruption of service and when such interruption
does occur will endeavor to establish service with the shortest possible
delay. Whenever the service is interrupted for the purpose of working
on the distribution system or the station equipment, all customers
affected by such interruption will be notified in advance whenever
it is possible to do so.
B.
The Water and Sewer Department reserves the right
to shut off the water in its mains at any time without notice for
making repairs, extensions or alterations but will, so far as possible,
notify customers of the intent to shut off. It is expressly stipulated
by the Water and Sewer Department that no claim shall be made against
it and that no person shall be entitled to any damages by reason of
the breaking of any pipe or by reason of any other interruption of
the supply of water caused by mechanical breakdown or by other causes
beyond its control.
C.
No refunds or proration of charges of private fire
protection or hydrant or other minimum rate will be made for interruptions
of service unless the interruption is in effect for a continuous period
in excess of 10 days.
Whenever a customer requests the location of a water meter to be changed, the Water and Sewer Department may make a reasonable charge to cover the cost of such relocation. No piping work on the customer's side of the point of delivery, as defined in § 238-20A, will be done by the Water and Sewer Department either before or after moving said meter, except that a spool may be installed in place of the old meter location.
The Water and Sewer Department will extend its
water mains along any public highways or streets which are laid out
in which grades have been established and rough grading completed
and which are dedicated to public use within the City, provided that:
A.
Such extension conforms to the Water and Sewer Department
extension policy;
B.
Each applicant or group of applicants desiring water
service shall, as part of the consideration for the Water and Sewer
Department extending its water distribution system, execute and deliver,
without cost to the Water and Sewer Department, such easements and
other rights-of-way as, in the opinion of the Water and Sewer Department,
are or may be required at the time the extension is made or may be
required in the future to extend the water distribution system to
properties located adjacent to the premises to be served by such extension;
C.
Sufficient funds are available in the current annual
budget of the Water and Sewer Department or in other funds available
to the Water and Sewer Department, in excess of prior commitments,
to defray the Water and Sewer Department's portion of the cost of
such extension; and
D.
Such extension will be in the best interests of the
Water and Sewer Department and its existing customers.
The Water and Sewer Department will extend its water mains outside the City in accordance with § 238-24 above, provided, in addition to the limitations in § 238-24, that:
A.
Further expansion of the water distribution system
outside the City limits will be permitted only in areas where the
capacity of existing water mains and other water system facilities
to which an extension is to be connected is sufficient to accept the
new water demand, including adequate supply for fire protection;
B.
As a prerequisite to any such extension, the Superintendent
of the Water and Sewer Department shall have filed with the Board
a written opinion that, to his best knowledge and belief, the addition
of the customers to be served from such extension will not reduce
the supply available to existing customers below satisfactory pressures
under fire service conditions;
C.
Preference shall be given to applicants for water
system extensions where such applicants indicate, in writing, their
agreement to future annexation to the City at such time as it becomes
practicable; and
D.
All costs of such extensions, including any required
reinforcement of the existing system to provide satisfactory service
to both the prospective and existing customers, shall be paid by those
persons desiring such extensions. The allowance of $100 per customer
shall not be made for such extensions outside the City limits.
A.
The location of the street service connection shall be along that frontage of the customer's property abutting the street in which the main lies or as determined by the Water and Sewer Department. In the event that service is requested at a point not already served by a main of adequate capacity, the Water and Sewer Department shall extend its main as provided in § 238-24 and the Water and Sewer Department extension policy.
B.
The size of the street service connection shall be
determined by the Water and Sewer Department on the basis of information
given in the application of the customer.
C.
All street service connections shall be laid to provide
a minimum cover of 36 inches.
D.
The Water and Sewer Department shall not be obliged to install a street service connection until the initial service connection charge as set forth in § 238-10 hereof has been paid and until the customer's service pipe is installed in accordance with existing Plumbing Codes[1] and the Water and Sewer Department specifications.
E.
Any change in the location of an existing service
at the request of the customer shall be made at the expense of the
customer.
F.
The Water and Sewer Department will not be required to replace any existing street service connection with a larger size until the customer has paid the initial service connection charge for such larger size of service as set forth in § 238-10 hereof, less the amount of the initial service connection charge applicable for the size of the present service.
Maintenance or alteration of any street service
pipe shall be done by the Water and Sewer Department. When such work
is necessary for the convenience of the customer, it will be done
at the customer's expense.
A.
The customer's service pipe shall be furnished and
installed by the customer at his expense and risk. Pipe shall be of
ample strength to withstand the water pressures at the point where
located and will conform to the existing Plumbing Codes[1] and the requirements of the Water and Sewer Department
in furnishing adequate and safe service.
B.
The customer's service pipe shall include the connection
to the street service pipe, and all liability for such connection
shall be the customer's. If the customer's service pipe is installed
prior to the installation of a street service pipe or stub by the
Water and Sewer Department, the Water and Sewer Department will, at
the customer's request, make the physical connection between those
pipes, but in so doing the Water and Sewer Department assumes no liability
for said connection.
C.
The customer's service pipe shall be laid to the property
line at a point designated by the Water and Sewer Department before
the Water and Sewer Department shall be required to connect such service
pipe with the street service connection.
D.
Service pipe in buildings shall be located in the
parts thereof best protected from the frost. In buildings where there
are no cellars, the pipe shall be carried up from the center or unexposed
part of the building or shall otherwise be installed in such a manner
as reasonably to protect said pipe from freezing.
E.
The customer shall make all changes in his portion
of the service pipe required on account of changes of grade, relocation
of mains or other causes.
F.
No attachment to the customer's service pipe shall
be made between the meter and the street main.
G.
Any repairs or maintenance necessary on the customer's
service pipe or in any pipe or fixture in or upon the customer's premises,
including the connections to the street service, shall be performed
by the customer at his expense and risk. Such pipe and fixtures shall
be kept and maintained in good condition and free from all leaks,
and for failure on the part of the customer to do so, the water supply
may be discontinued.
H.
All customers' service pipes must have placed thereon
a cutoff immediately inside the building or foundation wall at the
place of entry.
I.
When it becomes necessary to thaw a frozen service
pipe and it cannot be determined where it is frozen and the Water
and Sewer Department is requested by the customer to undertake to
thaw the same, 1/2 of the cost thereof shall be paid by the customer.
When a water main carrying adequate pressure
and capacity is on the opposite side of the street from the premises
to be served, the Water and Sewer Department may run one lateral across
the street to serve one or more stubs.
A.
Each separate permanent building, that is, one which
can be sold as a separate building, regardless of ownership, shall
have its own water service pipe. A permanent wall-bearing partition
shall be the basis in determining whether or not a building is a separate
unit or a multiple unit. This shall be the basis for running one service
or separate services.
B.
Tourists' courts or establishments consisting of a
group of buildings may, at the discretion of the Water and Sewer Department,
be served by a single service pipe.
A.
It shall be expressly understood and agreed by and
between the parties receiving private fire service that the Water
and Sewer Department does not assume liability as an insurer of property
or persons and that the agreement does not contemplate any special
service, pressure, capacity or facility, and, further, that all private
fire service furnished shall be subject to the ordinary and changing
conditions of the Water and Sewer Department, as the same exist from
day to day.
B.
All materials for such private fire protection shall
be approved by the Water and Sewer Department, and the services must
be provided with suitable valves outside of the building, under the
exclusive control of the Water and Sewer Department. The entire cost
and expense of installing a private fire service connection shall
be borne by the owners of the premises. Said service shall be used
exclusively for the extinguishment of fires, and no connection for
domestic, commercial or industrial use may be attached to this fire
service.
C.
All sprinkler pipes and other private fire connection
pipes on presently installed services shall be so placed as to be
readily inspected, and, if concealed or so arranged with other pipes
so as to not be readily inspected or if any unauthorized connections
are in existence, meters shall be installed on each service at the
expense of the customer.
D.
Customers desiring private fire service must consult,
before installation, with the Water and Sewer Department as to the
availability of mains, pressure, etc. No private fire service connection
will be made on a water main of less than six inches in diameter.
E.
Annual fee. The annual fee in dollars for fire line
service by pipe size shall be as follows:
[Added 12-22-1998 by Ord. No. 1998-60; amended 5-22-2001 by Ord. No. 2001-18; 7-12-2005 by Ord. No. O-05-19; 9-22-2009 by Ord. No. O-09-12; 2-25-2014 by Ord. No.
O-14-01; 4-23-2019 by Ord. No. O-19-04[1]]
|
Annual Inside Fire Line Service Charge
| ||||||
|---|---|---|---|---|---|---|
|
Pipe Size
|
Current
|
FY20
|
FY21
|
FY22
|
FY23
|
FY24
|
|
4-inch
|
$192.44
|
$198.21
|
$204.16
|
$210.28
|
$216.59
|
$223.09
|
|
6-inch
|
$432.41
|
$445.38
|
$458.74
|
$472.51
|
$486.68
|
$501.28
|
|
8-inch
|
$769.76
|
$792.85
|
$816.64
|
$841.14
|
$866.37
|
$892.36
|
|
10-inch
|
$1,202.17
|
$1,238.24
|
$1,275.38
|
$1,313.64
|
$1,353.05
|
$1,393.64
|
|
12-inch
|
$1,729.64
|
$1,781.53
|
$1,834.98
|
$1,890.02
|
$1,946.73
|
$2,005.13
|
|
Annual Outside Fire Line Service Charge
| ||||||
|---|---|---|---|---|---|---|
|
Pipe Size
|
Current
|
FY20
|
FY21
|
FY22
|
FY23
|
FY24
|
|
4-inch
|
$257.36
|
$265.08
|
$273.03
|
$281.22
|
$289.66
|
$298.35
|
|
6-inch
|
$576.16
|
$593.44
|
$611.24
|
$629.59
|
$648.47
|
$667.93
|
|
8-inch
|
$1,024.80
|
$1,055.54
|
$1,087.21
|
$1,119.83
|
$1,153.42
|
$1,188.02
|
|
10-inch
|
$1,602.12
|
$1,650.19
|
$1,699.69
|
$1,750.67
|
$1,803.20
|
$1,857.29
|
|
12-inch
|
$2,306.96
|
$2,376.17
|
$2,447.46
|
$2,520.87
|
$2,596.51
|
$2,674.40
|
[1]
Editor’s Note: This ordinance also provided that it
shall be effective 30 days after passage, with the increases in rates
effective for all bills rendered in the current fiscal year on or
after July 1, 2019, and for all bills rendered on or after July 1
of each of the subsequent four fiscal years.
A.
The entire cost of seasonal, standby and temporary
street service connections shall be borne by the customer. Title to
such service within the street lines remains in the Water and Sewer
Department in consideration of its perpetual upkeep and maintenance.
The initial service connection charge shall not apply when temporary
water service is rendered through a fire hydrant.
B.
The entire cost of any special service installation
will be defrayed by the applicant.
Permanently assigned house numbers shall be
obtained before application for service is accepted and suitably displayed
on the property in a visible location before the water service pipe
is installed.
A.
These house numbers should be assigned by the Postmaster
of the City of Hagerstown or should conform to the City numbering
system; if located outside the City limits, each house shall be properly
identified as requested by the Water and Sewer Department.
B.
No meter is to be set at a house without proper and
correct identification.
C.
If a house number or identification is changed for
any reason, the Water and Sewer Department shall be notified of such
change.
A.
All new services shall be metered, except private
fire service connections, and the Water and Sewer Department shall
have the right to place a meter on an existing service pipe and charge
for water service by meter measurements.
B.
All meters shall be furnished, installed, maintained
and removed by the Water and Sewer Department and shall remain its
property.
C.
The Water and Sewer Department shall have the right
to determine, on the basis of the customer's stated flow requirements,
the size and type of meter to be installed and the location of the
same. If flow requirements decrease subsequent to installation and
a smaller meter is requested by the customer, the cost of installing
such meter shall be borne by the customer.
D.
Plumbers installing new services and house plumbing
in a premises shall determine from the Water and Sewer Department
the proposed location of the meter and, if inside the building, shall
leave sufficient horizontal space next to the entrance cutoff for
the installation of meters as follows:
|
Size of Meter
|
Horizontal Space
(inches)
|
|---|---|
|
5/8-inch
|
13 1/2
|
|
3/4-inch
|
16 1/2
|
|
1-inch
|
21
|
|
1 1/2-inch
|
26
|
|
2-inch
|
32
|
E.
When a meter is installed at or near the curbline,
it shall be placed in a meter box or vault in accordance with the
specifications of the Water and Sewer Department as follows:
F.
All meters shall be maintained by the Water and Sewer
Department at its expense insofar as ordinary wear is concerned, but
damage due to hot water, freezing or other external causes arising
out of or caused by the customer's negligence or carelessness shall
be paid for by the customer. The meters furnished by the Water and
Sewer Department shall remain its property, and the owners of the
premises wherein or whereon they are located shall be held responsible
for their safekeeping and liable for any damage there resulting from
the carelessness of said owner, his agent or tenant and for failure
to protect the same against freezing and/or damage by hot water. The
Water and Sewer Department may refuse to supply water until such damage
is paid.
G.
Where, at the request of the customer, a change in
location of an existing meter is made, the expense thereof, at the
option of the Water and Sewer Department, may be billed to the customer.
House piping systems designed to be supplied
from separate meters shall not be interconnected. No house piping
shall be interconnected to any individual water system.
A.
Upon the request of any customer, the meter supplying
water to the customer making the request will be tested by the Water
and Sewer Department. If the meter is found to be accurate within
the limits of plus or minus 2%, the customer shall pay a just and
reasonable fee for its test to the Water and Sewer Department; provided,
however, that if the meter has not been tested during 12 months prior
to the request, the Water and Sewer Department will make the test
without charge to the customer. The just and reasonable fee to test
the meter shall be $50.
[Amended 9-29-2020 by Ord. No. O-20-28]
B.
The Water and Sewer Department may remove any meter
for routine tests, repairs and replacement.
C.
The tests of the meter requested by the customer may
be witnessed by the customer or his duly authorized representative.
D.
Meters registering fast or slow beyond allowable limits.
(1)
If, upon test by the Water and Sewer Department, any
water meter shall be found to have an average error of more than plus
or minus 2%, such meter shall be corrected or replaced, at the option
of the Water and Sewer Department, and an appropriate correction or
charge in keeping with the percentage of error found upon test of
such meter shall be made in the bills or charges for water service
measured through said meter during a period of not more than two billing
periods prior to the date of such test.
(2)
If it is found during any period of time that a water
meter has failed to register, the customer served through said meter
shall be billed by the Water and Sewer Department and shall pay to
the City Treasurer a charge for water service delivered during such
period of time, which shall be estimated and computed by the Water
and Sewer Department on a basis of the water accurately measured during
the billing period preceding or succeeding the time when such meter
was discovered to have failed to register or before the same was found
to be in error and any and all available information pertaining to
the proper determination of the customer's usage and load.
No person shall turn the water on or off at
any street valve, corporation cock, curb cock or other street connection
or disconnect or remove any meter without the consent of the Water
and Sewer Department. Penalties provided by law for any such action
will be rigidly enforced.
No unauthorized person shall, without written
consent of the Water and Sewer Department, open any fire hydrant except
for the legitimate purpose of extinguishment of fire.
The installation of fire hydrants within the
City shall be made, provided that:
A.
Each such installation shall be covered by a written
recommendation of the Fire Chief and approved by the Board;
B.
There are funds available in the annual budget or
water bond funds for the cost of such installation; and
C.
The capacity of the lines serving such locations is
sufficient to provide a reasonable flow for fire protection purposes.
At locations where fire hydrants are needed and such capacity is not
available, the Superintendent of the Water and Sewer Department shall
submit a written report to the Board which shall detail the system
reinforcements needed to make such capacity available and the estimated
costs thereof, together with such recommendations as he deems advisable.
In the event that the Board finds that it is not feasible to provide
the funds necessary for such reinforcements from the current annual
budget or other funds available, it shall report such situation to
the Mayor and Council for such action as the Mayor and Council may
deem appropriate.
It shall be the general policy of the Water
and Sewer Department to install fire hydrants only in locations where
the capacity of the lines serving such locations is sufficient to
provide a reasonable-flow for fire protection purposes. It shall be
expressly understood, however, that the City does not assume liability
as an insurer of property or persons and that there is no guarantee
of any special service, pressure or capacity and, further, service
from all fire hydrants shall be subject to the ordinary and changing
conditions of the City water system as the same exists from day to
day.
Where these rules and regulations are in conflict
with any other ordinance of the City, such as the Plumbing Code, Building
Code or Fire Prevention Code,[1] such other ordinance now or hereafter adopted shall prevail.
It is hereby declared that the sections, subsections,
paragraphs, sentences, clauses and all other parts of these rules
and regulations, either large or small, are severable and are not
matters of mutually essential inducement, it being the purpose of
the Board of Water Commissioners of the City of Hagerstown, Maryland,
to determine, approve and enact appropriate rules and regulations
pertaining to and governing the operation of the Water and Sewer Department
of the City of Hagerstown, Maryland, and the furnishing of water to
customers of the Water and Sewer Department, in accordance with the
Constitution and statutes of the State of Maryland and the Charter
of the City of Hagerstown, Maryland; and, if any one or more sections,
subsections, paragraphs, sentences, clauses or other parts of these
rules and regulations shall be, for any reason, adjudged unconstitutional
or invalid, such judgment shall not impair, invalidate or affect the
remaining portions and provisions of these rules and regulations,
and such judgment shall be confined in its operation to the specific
provision or provisions so held to be unconstitutional or invalid.
[Amended 9-29-2020 by Ord. No. O-20-28]
Any person violating or failing to comply with any provision of this Chapter 238 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $ 500.
