Eagle River Water & Sanitation District

• Water & Sewer Service Regulations
  • Contents
  • Article I - General Information
  • Article II - Definitions
  • Article III - Liability and Ownership
  • Article IV - Operation and Maintenance of Water and Sewer Systems
  • Article V - Application for Service
  • Article VI - Main Line Extensions
  • Article VII - Cross Connection Control
  • Article VIII - Rates and Charges
  • Article IX - Hearing, Settlement and Appeal Procedures
  • Appendix A - Schedule of Fees and Rates
  • Appendix B - Water and Sewer Service Line Construction Specifications
  • Appendix C - Standard Specifications for Water Main Construction
  • Appendix D - Standard Specifications for Sewer Main Construction
  • Appendix E - Pollutant Discharge Regulations and Industrial Pretreatment Program
• Development Approval Process

Article VIII - Rates and Charges

8.1 General
The information contained in this Article is pertinent to all charges of whatever nature to be levied for the provision of sewer and/or water services. The rates and charges as established in Appendix A are in effect at this time, and shall remain in effect until modified by the individual District Board of Directors under the provisions of these Rules and Regulations, and under the applicable statutes of the State of Colorado. Nothing contained herein shall limit the individual District from modifying rates and charges, or from modifying any classification.

8.2 Application of this Article
The rates, charges, and other information apply to customers inside the District, and shall not obligate the District with respect to services provided outside the District boundaries.

8.3 Standards of Consumption
For the purpose of levying fair, reasonable, uniform, and equitable charges, the classifications and related definitions are as defined in ARTICLE II - DEFINITIONS. The following additional conditions are used in rate and service charge applications.

8.4 Classification of Customers
For the purpose of levying fair, reasonable, uniform, and equitable charges, the classifications and related definitions are as defined in ARTICLE II - DEFINITIONS. The following additional conditions are used in rate and service charge applications.

8.4.1 Prepaid Tap Fees
Tap fees may be paid and tap fee applications issued anytime in advance of connection, in which case the commencement of service charges shall be governed by Section 4.5.2 Turn-On/Turn-Off of Service. No refund of tap fees will be paid. Please refer to Section 5.2.2 Tap Information Required.

8.4.2 Factors and Usage
The fees and charges reflected in Appendix A for the applicable District are based upon recovery of cost requirements, factors of usage and physical conditions of plant and line structure.

8.4.3 Disputed Tap Application
If a dispute arises between the District and the applicant regarding the calculation of tap fees or the nature and use of the structure as it applies to Appendix A, the dispute will be settled in accordance with ARTICLE IX - HEARING AND APPEAL PROCEDURES.

8.5 Transfer of Tap Fees
Any approval of a request for a transfer of tap fees shall be in the sole discretion of the District. No tap fee paid on behalf of one property, or any portion thereof, may be transferred to any other property except under the following conditions:

1. The customer requesting the transfer is the common customer of the property for which the tap fee has been paid and the property to which the transfer of the tap fee, or portion thereof, is being requested. Both properties must be in the same District.

2. The customer requesting the transfer has no outstanding unpaid accounts with the District and has previously maintained good credit with the District.

3. The property to which the tap fee initially applied has never been connected to the District's system.

4. The customer requesting the transfer shall pay to the District the difference between the tap fee which would be charged on the date the transfer is requested for the property to which transfer is being sought, and the tap fee previously paid. In no event shall the District make a credit or refund. In the event a customer transfers only a portion of the total sum previously paid as a tap fee, the customer shall retain a credit for any non-transferred portion of the previously paid fee.

8.6 Service Charge
Service charges shall be as reflected in the Appendix A - Schedule of Fees and Charges. Service charges will begin when water service is turned on to the building.

Monthly service charges shall be suspended during any month(s) in which service through a newly constructed tap to a building prior to its occupancy has been turned off in accordance with Section 4.5.2 Turn-On/Turn-Off of Service. Service charges do not cease even if water turn off has occurred due to non-payment of monthly service charges.

8.7 Amended Tap Fees
In those situations where a prospective user applies for a permit for service to a structure or use not defined in Section 8.4 Classification of Customers; or where, in the District's opinion, the structure represents a classification not contemplated in the establishment of the previously defined tap fee, the District shall establish a fair, reasonable, and equitable tap fee for the property.

8.8 Amended Service Charges
In those situations where, in the General Manager's sole discretion, the service charges shown in Appendix A do not represent a fair, reasonable, and equitable charge for the intended use, the General Manager may adjust the rates.

8.9 Payment of Service Charges
The policy of the District is to bill water and sewer service charges on a monthly basis.

When a condominium or homeowners' association exists for a number of units receiving service from the District, the association shall receive one invoice per meter. The District will not bill individual customers within a multi-unit project without separate meters, curb stops, shut-off valves, and services lines. The District shall have the right to issue only one bill for a multi-unit structure or development. Any structure serviced by a single service line with more than one Residential Unit which are not separately metered, shall establish one responsible party for water and sewer bills.

The customer shall pay to the District within fifteen (15) days after the billing date the full amount of that statement. If the customer believes the billing statement is in error, the customer must file, in writing, a notice to the District of the presumed error, and request a clarification from the District. Upon review by the District and resubmittal and/or revision of the statement, payment shall be due no later than fifteen (15) days from the billing date of the resubmitted statement.

8.10 Penalty for Late Payment
Any time a customer is twenty-five (25) days delinquent in payment of any charges due the District, the District shall assess an interest charge at the maximum rate allowed by statute on the unpaid balance. The District shall further have the right, in its sole discretion, to terminate service to any customer who becomes thirty (30) days or more delinquent in payment for scheduled services; termination of service will follow the opportunity for a hearing as outlined in ARTICLE IX - HEARING AND APPEAL PROCEDURES.

The District shall assess to any customer who is late in payment of his account, all legal, court, disconnection, and other costs necessary to or incidental to the collection of the account.

Until paid, all such fees, rates, penalties, or charges shall constitute a perpetual lien on the property served. Any such lien may be foreclosed in the same manner as provided by the laws of Colorado for the foreclosure of mechanics' liens.

8.11 Foreclosure Proceedings/Attorney's Fees
After other efforts (letters, posted notices) to collect delinquent payments of any fee or charge imposed by the District under these Rules and Regulations and/or Colorado law are exhausted, the District may initiate foreclosure proceedings as provided for by C.R.S., Section 32-1-1001(l)(j), as amended. In the event the District shall commence a foreclosure proceeding to collect any payments due and payable to the District, the party being foreclosed shall be charged all costs incurred in connection with the foreclosure proceedings including, but not limited to, reasonable attorney's fees which the court shall tax as a part of the costs of the proceedings. In the event payment is made by the customer prior to the foreclosure sale, the attorney's fees and all other fees outstanding against the account and relating to the subject property, must be paid as a precondition to the resumption of service to the property.

8.12 Certification of Amounts to County Treasurer
In addition to any other means of collecting delinquent fees, rates, tolls, penalties, charges, or assessments made or levied solely for water, sewer, or water and sewer services (including charges for availability of such service), the District may certify the delinquent amounts the County Treasurer for collection in the same manner as property taxes, in accordance with the provisions of statute C.R.S., 32-1-1101(e), as amended. The District and County Treasurer shall charge a fee for the administrative costs of this collection method. This fee shall be added to all delinquent amounts, including other penalties and interest charges, before certification