Article I - General Information
1.1 Purpose
The purpose of these consolidated Rules and Regulations is to ensure an orderly and uniform administration of water and sewer operations in the Upper Eagle Valley area of Eagle County, Colorado. These administrative responsibilities are performed by a single organization of management, administrative and operations personnel who implement the policy and guidance of each District.
1.2 Authority
Each District is a governmental subdivision of the State of Colorado and a corporate body with the powers of a quasi-municipal corporation. These powers are specifically granted for carrying out the objectives and purposes of the District as stated in the respective by-laws. The Upper Eagle Regional Water Authority is a quasi-municipal corporation formed by its member Metropolitan Districts for the purpose of planning, operating, and maintaining a finished water system for these member Districts. For the purposes of these Rules and Regulations, the term “District” includes the Eagle River Water & Sanitation District, and the Upper Eagle Regional Water Authority.
1.3 Policy
The Board of Directors of each District hereby declares that the Rules and Regulations hereinafter set forth will serve a public use and are necessary to promote the health, safety, prosperity, security, and general welfare of the inhabitants of the District. All customers/users of the District are bound by these Rules and Regulations as a matter of contract for which there is good and valuable consideration.
1.4 Scope
These Rules and Regulations shall be effective for each District when approved by the Board of Directors of that District, are the comprehensive regulations which govern the operations and functions of all approving Districts, and supersede all prior publications of the Rules and Regulations of the Districts.
1.5 Intent of Rules and Regulations
These Rules and Regulations shall be liberally construed to effect the general purpose set forth herein, and each and every part is separate and distinct from all other parts. No omission or additional material in these Rules and Regulations shall be construed as an alteration; waiver; deviation; limitation, or restriction from any grant of power, duty, or responsibility imposed or conferred upon the Board of Directors by virtue of statutes now existing. Nothing contained herein shall be construed as prejudice or affect the right of the District to secure the full benefit and protection of any law which is now enacted or may subsequently be enacted by the Colorado General Assembly pertaining to the governmental or proprietary affairs of the District.
1.6 Amendment
The District through the Board of Directors shall retain the power to amend these Rules and Regulations, with respect to the District, to reflect those changes determined to be necessary by the Board of Directors of the District. Prior public notice of these amendments shall not be required by the District when exercising its amendment powers pursuant to this Section.
1.7 Waiver, Suspension, or Modification of Rules
The Board of Directors, General Manager or the Regulations Administrator acting on instructions of the Board, shall have the sole authority to waive, suspend, or modify these Rules and Regulations. Any such waiver, suspension, or modification must be in writing authorizing the specific action. Such waiver, suspension or modification is an exception to the Rules and Regulations for the specific instance and shall not be construed as continuing for future instances. Waivers, suspensions, or modifications are not deemed an amendment of the Rules and Regulations.
1.8 Inclusion in Contract
These Rules and Regulations are automatically incorporated into every contract, written or oral, for service with the District whether expressly referenced or not, to the extent they are not inconsistent with the contract for service.
1.9 Rights and Authority
The District reserves the right to temporarily discontinue service to any property, at any time, for any reason deemed necessary or appropriate. The District shall have the right to revoke service to any property for violations of these Rules and Regulations in accordance with the procedures set forth in these Rules and Regulations.
1.10 Authority to Inspect
Authorized representatives of the District, upon presentation of a work order and identification, shall be permitted to enter upon all properties at all reasonable times for the purpose of inspection, observation, measurement, sampling, testing, and inspection of records of the water or sewer system, in accordance with the provisions of these Rules and Regulations. Failure to permit such inspections, observations, measurements, samplings, testing, and/or inspection of records upon the request, in writing, of the General Manager may result in a finding that permission is being denied to avoid discovery of a violation. Such finding may result in the disconnection of service to the property occupied by the party failing to permit the desired access, or other remedies as allowed under these regulations, subject to the hearing and appeal procedures set forth in ARTICLE IX- HEARING AND APPEAL PROCEDURES.
1.11 Violators Fined
Any person violating any of the provisions of these Rules and Regulations shall become liable to the District for payment of a penalty of up to $1,000 and $500 per SFE plus any expense, loss, or damage including attorney fees for enforcement action, occasioned by reason of such violation. If any person causes damage to the District system by misuse, negligence, or other action on his/her part, the District shall hold that person liable for the cost of repair including any study, investigation, or consultant fees incurred. Such costs shall constitute a perpetual lien upon the violator's property as allowed by Section 32-1-1001, C.R.S., as amended, or a perpetual lien upon the property to which the District was providing services at the time of the violation, whichever the General Manager deems appropriate.