Special Regulations I WATERWORKS RULES AND REGULATIONS

The following words, terms and phrases, when used in these rules, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Billing period” means the time between any two consecutive regularly scheduled readings of the meter or meters on the premises by the utility’s representatives. Such readings are scheduled at approximately 30-day intervals.

“Commission” means the Indiana Utility Regulatory Commission.

“Curb stop, service stop, or buffalo box” means a valve installed in the service pipe near the curb or main for turning on and shutting off water at the premises supplied or to be supplied.

“Customer” means a person, firm, corporation, association, municipality or other political subdivision having interest, whether legal or equitable, sole or only partial, either as tenant or owner, in any property which is taking water service, either temporarily or permanently, from the Highland department of waterworks. Also see “Owner.”

“Distribution main” means the pipe owned by the utility and located in the street, easement, road, right-of-way and/or alley and which delivers water to fire hydrants, fire lines, and service pipes.

“Fees and charges” means those charges and fees charged by the utility for services rendered and/or water furnished as set forth in Rule 2.3.

“Meter” means a device owned by the utility and used to measure and record the quantity of water supplied to the customer.

“Multifamily residential dwelling” means a dwelling occupied by two or more families (units) serviced by a common tap or a corporation cock, curb stop/buffalo box, service pipe and meter and without having the capability of being shut off at the curb stop/buffalo box, without affecting other units of the dwelling.

“Non-owner customer” means a customer who is not the owner of the premises in which water service is being supplied.

“Owner” shall mean the one having an ownership interest, whether legal or equitable, sole or only partial, in any property or premises which is being furnished water, whether or not such owner shall occupy the property or premises or such owner personally signed for water service to the owned premises or property.

“Owner customer” means the owner of such premises being furnished water, whether or not such owner occupies the premises or such owner personally signed for the water.

“Service pipe” means a supply pipe leading from the tap in the distribution main to or into the premises supplied or to be supplied.

“Single-family residential unit” means a dwelling unit occupied by one family serviced by one tap or a corporation cock, one curb stop/buffalo box, one service pipe and one meter and having the capability of being shut off at the curb stop/buffalo box, without affecting other customers.

“Superintendent” means superintendent of the waterworks as defined in Rule 1.2(A).

“Tap or corporation cock” means a fitting inserted in the distribution main to which the service pipe is attached.

“Utility” means the Highland waterworks department of the town of Highland engaged in furnishing the public water supply in the town and its environs.

Rule 1.2 Superintendent of the waterworks.

(A) The director of public works shall serve as superintendent or manager of the department of waterworks and its water utility on the basis of fitness to manage the water utility, taking into account his or her executive ability and his knowledge of the utility industry;

(B) The superintendent or manager is responsible to the board for the business and technical operation of the utility and, to the extent that the law permits, the superintendent shall:

(1) Appoint, supervise, and dismiss all employees of the utility;

(2) Investigate all claims against the utility;

(3) Oversee the operation of the utility and any construction work, repairs, or alterations to the system;

(4) Advise the board in all matters that will bring about an efficient and economical operation and maintenance of the utility;

(5) Enforce the rules and regulations of the department of waterworks; and

(6) Do all other lawful things that the board may direct, including the preparation of an annual report to the board.

Rule 1.3 Clerk-treasurer to collect water charges – Service as collection and billing authority.

The board hereby appoints and directs that the clerk-treasurer shall be charged with the duty to collect such rates and charges and administer the rules and regulations regarding payment thereof subject to laws and the rules and regulations of the waterworks department. The clerk-treasurer shall be the collection and billing authority of the water utility.

Rule 1.4 Rules and regulations on file.

A copy of all rates, rules and regulations under which water service will be rendered is filed for the convenience of the public in the general office of the department of the waterworks, the office of the clerk-treasurer and with the Indiana Utility Regulatory Commission.

Rule 1.5 Written application or contract required.

Repealed by Res. 2016-10.

Rule 1.5.1 Written application or contract required.

(A) A written application for service and a contract properly executed shall be required from a prospective customer (including contractors and builders) before the utility will supply service;

(B) Application for service for multifamily residential dwellings shall be made by the owner of the dwelling. The owner, if approved for service, shall be responsible for all charges for service;

(C) Application for service for single-family residential units shall be made by the owner customer, if there is no nonowner customer, and if approved for service, shall be responsible for all charges for service;

(D) Application for service for single-family residential units shall be made jointly by the owner customer and the nonowner customer where there is such nonowner customer, and if approved for service, shall be jointly or singularly responsible for all charges for service;

(E) In all cases where an owner is required to make and sign the application, if the owner has several properties, it shall be permissible for the owner to sign on a form provided by the utility, upon which the owner identifies all properties for which the owner intends a tenant or tenants to be an applicant. The owner/landlord form shall be deemed to be a part and of essence to each utility application and contract for services and shall remain in full force and effect until modified by the owner;

(F) Where service shall be for a two-family or multifamily dwelling location, where there is only a single service box (buffalo box) serving units that are individually metered, the application shall be made by the owner alone or the owner’s representative and if approved for service, the owner shall be solely responsible for service. The proper officers shall be responsible for providing a supplemental implementation plan to enforce this for existing customers to whom it may apply at the time of this rule’s adoption;

(G) The utility shall have the right to reject an application for any valid reason;

(H) Where unusual construction or equipment expenses will be involved in furnishing the service, the utility may require the contract to be for an appropriate period of time specified by the utility at the time the contract is executed;

(I) Signatures for applications may be conveyed by facsimile transmission and placed on file with the original application and records of the utility;

(J) These rules and regulations shall be a part of the contract with every person who uses water service supplied by the utility, and every such person shall be considered as having expressed his consent to be bound thereby. [Res. 2016-10 § 1, 2016].

Rule 1.6 Modification of contract.

No promise, agreement, or representation by any agent of the utility shall be binding upon the utility unless it has been incorporated in a written contract signed and approved by an agent of the utility authorized to sign such contract on behalf of the utility.

Rule 1.7 Assignment of contract.

The benefits and obligations under any contract for the supply of water by the utility shall begin when the utility commences to supply water service thereunder and shall inure and be binding upon the successors, assigns, survivors, executors or administrators of the customer. No assignment thereof shall be made by the customer without the written consent of the utility.

Rule 1.8 Service deposits.

(A) Except as otherwise provided herein, the utility shall require from each applicant for services a cash deposit as a guarantee against the non-payment of bills for service. Cash deposits are set forth in Rule 2.3.

(B) Any customer who does not have a deposit and has failed to pay all charges for service rendered within the specified payment period may be required, upon five days’ written notice, to make a cash deposit in an amount equal to two times service deposit applicable for the premises served and set forth in Rule 2.3. If such cash deposit is not made within the five-day period, service may be discontinued forthwith.

(C) The utility may, but shall not be required to, apply the customer’s deposit to payment of water bills or any other charge.

(D) All deposits may be refunded to any owner-customer who has maintained a nondelinquent payment status for any continuous one-year period. In all other cases, service deposits, except as otherwise provided herein, shall be held by the utility, without bearing interest and returned to the customer upon discontinuance of service with the utility and payment in full of all charges.

(E) Notwithstanding subsections (A) through (D) of this rule, the clerk-treasurer may waive the deposit requirement provided such waiver and its rationale be recorded. Such rationales may include but not be limited to an existing customer in good standing relocating to another address within the district or a change in marital status of the customers in good standing at an address served or the return of a previous customer who while being served was historically a customer in good standing. (Revised June 2009)

Rule 1.9 Turning on water service.

(A) Until a contract for water service has been executed and a meter has been installed, water shall not be turned on at any premises by anyone but a utility representative.

(B) No person, except an authorized employee of the utility, fire department, or any other authorized person, shall open, operate or remove the cap from any fire hydrant to which water is supplied by the utility. When water is required to support a test of plumbing before a water contract has been executed and a meter installed, a utility employee shall be called to make the turn-on and turn-off. It is unlawful for anyone except an authorized utility employee or representative to make such turn-on.

(C) In addition to the penalties provided in the Highland Municipal Code, such violation shall subject the offender to payment for the estimated quantity of water consumed during the period the water was turned on without authority from the utility.

Rule 1.10 Construction water use.

(A) Application for water use during construction shall be made by the general contractor in accordance with Rule 1.5.1, in the office of the clerk-treasurer.

(B) If the interests of administrative efficiency would be served, the clerk-treasurer may assign this taking of applications for water use during construction to the building commissioner.

(C) Water use shall be billed monthly at two times the minimum monthly charge, as set forth in Rule 2.1(B), based upon the service pipe size until the water meter is installed. Partial month usage shall be prorated based on the percentage of days used during the month.

(D) The applicant must notify when the billing is to be transferred to an owner or purchaser; otherwise, the original applicant will be billed until such record of transfer is made available to the utility.

(E) Following the installation of a water meter, the account shall be billed according to actual consumption registered by the meter and according to the rules of the waterworks.

Rule 1.11 Service connections.

(A) All service connections to the mains in the Highland water system shall be made by a licensed contractor and paid for by the land developer or owner of the property. All such connections shall be made to town specifications and shall be subject to inspection by the utility.

(B) In addition:

(1) The utility reserves the right to locate the point at which the service connection will be made and to control specifications on all service pipes from the main to the building. The location of the service and service box (buffalo box) shall be at the judgment of the utility. Such location shall take into consideration the convenience to the owner and the utility.

(2) The customer shall pay the utility a service charge for the service connection and the use and installation of a water meter. Such service charge shall be established by the board of directors. In establishing the service charge, the board of directors shall take into consideration the size of the water service and the size of the meter to be used for such service. See Rule 2.3.

(3) The customer, at his own expense, shall install or cause to be installed the service run into his own premises. The utility and/or the town plumbing inspector reserves the right to inspect, before the service trench is backfilled, each service run made by a plumber, a contractor, or an individual customer.

(4) All service pipe shall be type “k” copper from the curb stop to the meter. No service pipe shall be less than one inch nominal diameter. Larger services may be used upon approval by the utility. All such installations shall conform to state and local codes.

(5) Service pipes, curb stops, service boxes, meter pits, stop and waste valves and other fixtures used in the installation or repairs to, or additions to service pipes, shall be of a type specification, quality, and location approved by the utility. The materials and supplies of any manufacturer which are in accordance with the state and local specifications may be approved.

(6) As a general rule, new water service will be furnished through a single service pipe, but if the situation is exceptional, requiring special consideration, the utility may make such arrangements as the circumstances require.

(7) A new service pipe between the distribution main and a building shall be run in a straight line, whenever it is practicable and possible, without bends and at a depth of not less than four feet. No pipe having joints shall be driven.

(8) Developers, contractors, or individuals requesting taps shall obtain the necessary permits for each lot or separate premises to be served from the building department. Applications for taps and service shall be accompanied by the necessary prevailing fees.

(9) Taps shall not be installed until a subdivision has been approved, locating yard lines, dedications, etc., thus preventing improper location of the service.

(10) All water taps shall be installed by a licensed plumber, at the request of the owner, developer, or subdivider. The utility shall inspect and approve all taps. A main-tapping charge for each tap shall be made. See Rule 2.3. Water tap service line termination, which will be with a curb shut-off valve and valve box, will be marked with two-inch by four-inch stakes, four to six feet long, at the curb box. The curb box will be turned down to a point six inches below the grade, if the grading has not been done. Water service lines and sanitary or storm sewer lines are not to be installed in the same trenches unless they are laid four feet apart and the water service line is on an undisturbed earth shelf and the bottom of the water pipe is 18 inches above the top of the sewer.

(11) If the service line from the house to the curb shut-off valve site is installed prior to the installation of the service tap, the end of the line shall be marked as above, or the service pipe shall project above the surface to show its location. In general, taps shall be installed at the front/rear center line of the lot and the plumber’s portion of the service line between the curb shut-off and the property line shall extend perpendicular to the main completely to the property line of the lot served before any change in direction is made.

(12) Any developer, general contractor or person responsible for disturbing or damaging water service or valve boxes once the services have been properly installed shall be liable for the cost of repairs.

(13) The utility will make every reasonable effort to assist the customer or developer in scheduling the tapping for orderly installation to avoid needless conflict or delay.

(14) In order to see that no open spigot or fault exists in the plumbing, a representative of the builder must be on hand at the site of the building before the utility personnel will turn on water.

Rule 1.12 Swimming pools and hydrant use.

Swimming pools shall be filled with a customer’s regular service.

Rule 1.13 Use of booster pump.

(A) No booster pump shall be installed without the written approval of the utility.

(B) In all booster pump installations, the suction of the pump shall be connected to an atmospheric tank with the public water supply entering the tank being controlled by an automatic float valve and freely discharging into the tank at a minimum of six inches above the positive overflow level of the tank.

Rule 1.14 Maintenance of service pipes and meter boxes.

(A) All service pipes from the water main to and including the buffalo box/curbs shall be maintained in good repair at the expense of the customer; including the replacement thereof if necessitated because of damage, corrosion, tuberculation or other deterioration.

(B) All service pipes and fixtures from the buffalo box/curb stop to the meter shall be installed and maintained at the expense of the customer and any leaks or other defects in these shall be properly repaired by him. Services extended to property not adjacent to a water main, whether through public or private property, shall be considered a service pipe, the maintenance of which shall be the customer’s responsibility, unless said line or main has been accepted in writing for maintenance by the utility prior to its installation. If needed repairs are not made to service lines within two days of notification by the utility, the property owner may be charged the sum of $20.00 per day for each day following the two-day period of grace that the water wastage is allowed to continue.

(C) All meter boxes (including so-called pits or vaults) constructed or installed by the owner, regardless of locations, and all such boxes constructed or installed by the utility and located on private property shall be maintained in good repair by the owner at his expense.

(D) No meter box, pit or vault shall be placed by any customer in the serving area of the utility.

Rule 1.15 Special provisions for fire protection systems.

(A) Before any modifications are made to any private fire protection system or before service is furnished to any new fire protection system, connected to or proposed to be connected to and supplied with water from the utility’s distribution mains, final plans shall be filed with and approved by the utility. The following shall be shown on the plans:

(1) The number of sprinkler heads to be served.

(2) The sizes and locations of the system’s piping.

(3) The sizes and locations of all connections to the utility’s distribution mains.

(4) The sizes, locations and types of all valves.

(5) The sizes and locations of all hose connections, reels or cabinets.

(6) The sizes and locations of storage tanks connected to the system.

(7) The outlet sizes and locations of all fire hydrants.

(B) All fire protection lines within buildings shall be installed in such manner that all pipes will be easily accessible for inspection at any time. Underground pipes outside of buildings must be placed and maintained at a minimum depth of four and one-half feet. No connections with a fire protection system will be permitted to supply water service for commercial or industrial use unless the connection has been approved by the customer’s fire underwriter and unless the commercial or industrial use is metered.

(C) The provisions regarding discontinuance of service shall not apply to customers who have service by a fixed term contract.

Rule 1.16 Repealed.

Repealed by Res. 2010-10.

Rule 1.16.1 Metering generally.

(A) Unless otherwise specified in the contract between the utility and the customer or by the rate on file, the water supplied will by measured by a meter of standard manufacture, furnished and installed by the utility according to its requirements in force and effect as amended from time to time.

(B) The customer shall provide for this purpose, free of expense to the utility, a suitable place near the service entrance, either in the basement, in an approved meter box or in a location which is approved by the utility, before installation, and which is readily accessible to the utility.

(C) Water meters shall be equipped with an electronic transmitting register that will allow the meter to be read locally and to transmit readings via radio frequency to a remote reading device.

(D) An electronic transmitting register shall be required for all new construction.

(E) The utility will designate the size of the meter to be used for serving any customer. Each building to be served must be supplied by at least one-inch service. When the service is larger than this, the utility reserves the right to designate the number of meters that can be supplied by such service.

(F) A bypass around any new meter installation will be required under any of the following circumstances:

(1) The service line on the outlet side of the meter is one and one-half inches or larger;

(2) The service line, regardless of size, serves refrigeration equipment;

(3) The water service must not, for any reason, be interrupted while the meter is being repaired or replaced.

The bypass shall be furnished and installed by the customer according to the utility’s specifications. It must be capable of being locked in an on or off position. Where existing piping not containing a bypass is altered to meet any of the above conditions, the alteration shall also include the installation of a bypass.

(G) All meters or other appliances and equipment which are furnished by the utility and which may at any time be on the customer’s premises shall, unless otherwise expressly provided herein, be and remain the property of the utility; the customer shall protect such property from freezing and from loss or damage, and no one who is not a representative of the utility shall be permitted to remove such property or tamper therewith.

(H) Ordinary repairs to meters will be made by the utility without expense to the customer. Repairs of damage caused by carelessness or neglect on the part of the customer will also be made by the utility, but the cost of such repairs shall be charged to the customer.

(I) A meter may be inspected and tested by the utility at any reasonable time. The utility may perform the test with its employees or it may contract for services. A meter will be tested by the utility upon request of the customer, but not more frequently than once in 12 months. A report of the results of such a test will be made available to the customer and a complete record of the test will be kept on file in the office of the utility. The customer may be present or have a representative present when the meter is tested, if test performed by employees of the utility. The utility may charge a user test fee according to that set forth in Rule 2.3(5). If a test requested by the customer establishes that the meter is over-registering more than two percent, no charge will be made for the test and the test fee shall be refunded; otherwise, the utility shall charge the customer for making the test in accordance with Rule 2.3. (Rev. June 2009)

(J) For the determination of meter accuracy, the utility shall use the appropriate test flows specified by the American Water Works Association for the various types of meters. These test flows for displacement type cold water meters are on file in the office of the utility. [Res. 2010-10 § 1, 2010].

Rule 1.17.1 Repealed.

Repealed by Res. 2010-10.

Rule 1.17.2 Meter reading, billings, and delinquencies.

Repealed by Res. 2017-13. [Res. 2010-10 § 2, 2010].

Rule 1.17.3 Meter reading, billings, and delinquencies.

(A) Meters will be read electronically via radio frequency by the utility each month. Effective October 1, 2010, a monthly meter-reading surcharge shall apply to any customer that has not converted to an electronic transmitting register in accordance with Rule 2.3. Call-in readings are not accepted.

(B) Bills will be rendered monthly according to the schedule of rates filed, except where otherwise indicated. The billing date shall be on or around the fifth day of the month following the reading periods in the town with such bill to be due for payment on or around the twentieth of the month.

(C) If payment is not received in the office of the clerk-treasurer or at such other places as designated by the utility before 12:00 midnight on or before the due date indicated on the bill, the customer will be considered delinquent and at any time thereafter, prior to the payment thereof, the utility may discontinue water service, provided there is written notice and it is mailed not less than 10 days before the date specified in the notice that water service is to be discontinued, pursuant to IC 8-1.5-3-4(e) and according to subsection (D) of this rule, which follows. Except as otherwise provided herein, delinquent payment penalties, including any charges associated with restoration of service, shall be charged in accordance with Rules 2.2 and 2.3. In addition, a late or delayed payment penalty may be charged for unpaid balances, which may remain after one billing cycle following the delinquency. The late payment penalty shall be charged pursuant to Rule 2.3.

(D) A delinquent customer will receive a delinquent (past due) notice and invoice with the next monthly bill first succeeding the delinquency. The current bill and the past due bill shall be due on the same due date. If the current bill and the past due bill are not paid on or before the due date stated on the regular bill, the utility shall discontinue the customer’s water service. The bill and the delinquency notification will serve as the only notice. Service will be restored only upon full payment of the current bill; the past due bill, including the delinquent charges; and service restoration charges as set forth in Rule 2.3. The past due notice should exhibit in some fashion the following:

(1) The fact that the account is past due;

(2) The amount due including all penalties and fees;

(3) The time and date by which the amount(s) must be paid pursuant to this rule;

(4) An express statement that the water service will be disconnected and discontinued after the set date unless the customer requests a hearing prior to that date, as set forth in Rule 1.17.4.

(E) Notwithstanding the previous subsection, if the combined balance due for all services (water, sewer, storm and solid waste) from a delinquent customer is $80.00 or less, no delinquent (past due) notice shall be issued.

(F) A reasonable grace period following the delinquent date indicated on the bill in which delinquent charges may be waived may be granted by the collection and billing authority to customers for any of the following reasons:

(1) Delays in mail delivery, delays from collection of payments made at off-premises collection sites and delays due to a holiday period;

(2) Incidents of the timing in receiving pension and/or Social Security payments;

(3) A history in which the customer has not been late in making payment in the previous 12 months;

(4) During the pendency of a billing dispute resolution process or a delay in consequence of a billing dispute process, including the process set forth in Rule 1.17.4;

(5) Delay following the death of a customer or a delay in payment from an estate of a decedent.

(G) All water charges shall attach to the premises served as well as to the customer. If water service charges are left unpaid by a customer upon vacation of the premises served, the utility shall withhold water service to said premises until the charges are paid.

(H) Bills for private fire protection shall be rendered quarterly as other bills of the utility.

(I) Bills for irrigation systems that are separately metered shall be rendered monthly with such billing activity to commence in May and continue until the month of October. In all other months no bill will be rendered. In addition, meters that are separately installed and dedicated solely to the measurement of consumption by an irrigation system shall not be subject to the fire protection surcharge or hydrant maintenance fee.

(J) Each bill shall be due upon receipt and payable at the office of the collection and billing authority or at such other places as may be designated by the utility. Such places shall be set forth in Rule 2.4.

(K) Personal checks returned not paid for any reason shall be the subject of a service charge per Rule 2.3.

(L) All water department personnel and its supervision shall be bonded for the collection and handling of utility funds. (November 2001) [Res. 2017-13 § 1, 2017].

Rule 1.17.4 Opportunity for challenge, hearing and review.

(A) Each customer has a right to a hearing prior to the discontinuance of service.

(B) In order to exercise this right, the customer must request a hearing in writing, in person at the Town Hall, or by calling the office. The request must be received by the town no later than 12:00 p.m. noon on a date set forth in the notice, associated with this right, which shall be scheduled not later than three days before the delinquency date as much as is practicable.

(C) If the customer fails to timely request a hearing, the customer will be deemed to have irrevocably waived that right to a hearing, and absent exceptional circumstances, the customer’s right to contest the termination of the customer’s service, the customer’s right to a hearing or the notice provided of the termination is deemed forever waived.

(D) If a hearing is timely requested, a hearing committee comprised of one representative from the board of waterworks directors appointed by that body, one representative from the board of sanitary commissioners appointed by that body, and the utility superintendent or the superintendent’s designee shall conduct the hearing. The hearing will be subject to notice and the memorializing requirements of IC 5-14-1.5 et seq. The hearing shall be held within 10 days of the customer’s timely request for a hearing. The town will notify the customer of the date and time for the hearing either personally, by telephone at the number provided when the customer set up the account or by United States mail at the account address.

(E) At such hearing, the customer and the utility shall each have the following rights:

(1) To present such evidence or witnesses as is pertinent to the issue;

(2) To be represented by counsel; and

(3) To examine or cross-examine witnesses.

Formal rules of evidence shall not apply.

(F) The hearing committee shall promptly make its findings and shall enter its order accordingly. The customer will be informed of the committee’s findings by telephone at the number provided when the account was set up. Unless otherwise ordered by the hearing committee, water service shall be discontinued the day after the date that the order of discontinuance is communicated by the hearing committee to the customer. Extension of the date of discontinuance may be granted by the hearing committee to enable the customer to make arrangements for payment or other good cause shown. If the customer’s water service is disconnected, the customer will be required to pay the past due amount stated above, plus any additional charges, plus a reconnection fee before service will be restored.

(G) The utility will not disconnect service for nonpayment on any day on which the town’s local office is closed to the public, or on any day immediately preceding any day on which the town’s office is not open to the public. [Res. 2017-13 § 2, 2017].

Rule 1.17.6 Discontinuance of service without prior notice.

(A) Notwithstanding other provisions in these rules and regulations, the utility reserves the right at any time to shut off the water in the mains in case of accident or emergency, or for the purpose of making connections, extensions, improvements, alterations, repairs, changes, or for other proper business reasons. The utility may restrict the use of water to reserve a sufficient supply for fire protection or other emergencies whenever the public welfare may so require.

(B) Notwithstanding other provisions in these rules and regulations, the utility may disconnect service without prior notice:

(1) If a condition dangerous or hazardous to life, physical safety or property exists; or

(2) Upon order by any court or a duly authorized public authority; or

(3) If fraudulent or unauthorized use of water is detected and the town has reasonable grounds to believe the affected customer is responsible for such use; or

(4) If the town’s regulating or measuring equipment has been tampered with and the town has reasonable grounds to believe that the affected customer is responsible for such tampering.

(C) Subject to the foregoing, in all other instances and upon providing the customer with reasonable notice except as indicated below, the utility may disconnect service for violation of these rules or as allowed by Indiana statute. Examples include but are not limited to:

(1) For any consumption of or connection to water not authorized by the town;

(2) For unapproved cross-connection of a customer’s service line or a customer’s water pipes to any other source of water supply, or for permitting any condition to exist about the premises that causes or might cause pollution of the public water supply;

(3) For any tampering or knowingly permitting any tampering or interference with any town property, equipment or appliances without permission of the town;

(4) When town must repair its mains or other property;

(5) When for any reason there is a lack of water in the distribution system. [Res. 2017-13 § 3, 2017].

Rule 1.18 Basis for monthly billing.

Repealed by Res. 2016-10.

Rule 1.18.1 Basis for monthly billing.

(A) All consumption charges for water service shall be calculated upon the registration of the meter installed. Recurrent charges will include a fixed charge, a consumption charge and a fee for hydrant maintenance or fire protection, and such other changes as may be approved and apply;

(B) The utility will make an effort to read meters at least monthly and such reading shall be prima facie evidence of the amount of water consumed;

(1) If the utility is unable to gain access to a customer’s inside or reliable remote meter, the average of previous meter readings will be the basis for billing. The first billing made after the inside or reliable remote meter is read shall be adjusted according to the meter reading;

(2) If the utility reasonably believes that the average of previous meter readings will render an insufficient consumption, an estimate of consumption may be determined by the billing authority. The first billing made after the inside or reliable remote meter is read shall be adjusted according to the meter reading;

(3) No more than three consecutive estimated billings will be permitted; after that, the utility will provide notice that the consumer or property owner has 10 days to contact the utility in order to schedule a time for which the utility may send a representative to verify the meter reading;

(4) Failure to contact the utility, or failure to keep a scheduled time for reading verification, absent a showing of reasonable cause, will subject the consumer or property owner to cessation of water service and the associated charges under Rule 2.3(8), until a verification of the meter reading is made;

(C) Where water is taken through more than one meter, and where such arrangement is for the convenience of the customer, then each meter shall be read and billed separately. Where water is taken from more than one main or more than one meter for the convenience of the utility, then the meter readings shall be aggregated and billed as one reading;

(D) All water passing through meters shall be charged, whether actually used, wasted, or lost through leakage. Customers who are required or requested by the utility to run water to prevent freeze damage will be credited for this usage based upon an average billing for a like period. [Res. 2016-10 § 2, 2016].

Rule 1.19 Waste or excessive use.

(A) If a customer on a flat rate is found using water in excess of the flat rate contract or permits leaks on premises or wastes water by allowing hydrants or faucets to run more or less continuously, the utility may require the customer to provide a suitable place for the installation of water meter and thereafter supply service in accordance with an applicable metered tariff.

(B) No substantial addition to the water consuming equipment or application connected thereto should be made except after written notice to and written consent from the utility.

Rule 1.20 Resale of water prohibited.

The water furnished under these rules is for the use of the customer according to the terms of the utility application, contract and the rules and regulations of the department of waterworks. The customer shall not resell any of it without the written consent of the utility.

Rule 1.21 Access to premises.

Repealed by Res. 2016-10.

Rule 1.21.1 Access to premises.

(A) The properly authorized representatives of the utility shall have the right to enter upon the premises of the customer at all reasonable times for the following purposes:

(1) Inspecting cross-connections, protective devices, atmospheric tank installations, booster pump vacuum breaker valves, general plumbing and meters;

(2) Reading, repairing or replacing the meter or meters; and

(3) At the termination of the contract or the discontinuance of the service for any of the foregoing reasons;

(B) All utility representatives shall have proper credentials on their persons at all times;

(C) If a request for entry at a reasonable time for the foregoing purposes has been denied constructively or in fact, the consumer or the owner will be subject to cessation of water service and the associated charges under Rule 2.3(8). However, no cessation of service will occur until notice has been mailed not less than 10 days before service is to be discontinued addressed to the water consumer or property owner at the last known address. [Res. 2016-10 § 3, 2016].

Division 2. Rates and Charges

Rule 2.1 Schedule of recurrent usage ratio and charges.

For the use of and the service rendered by the water utility of the town of Highland, Indiana, the following rates and charges are established based upon the amount of water supplied by said water utility. Recurrent charges will include a fixed charge, a consumption charge and a fee for hydrant maintenance.

Monthly Charges

(A) Consumption charge: $1.61 per 1,000 gallons.

(1) Supplier Cost Tracker. The consumption charge includes the cost of supply (purchased water). As this cost is adjusted to the water utility, upon notice of one billing cycle, the rate may be adjusted to reflect the change in cost of supply, without additional procedures.

(B) Minimum Monthly Charges. Each user shall pay a minimum charge in accordance with the following applicable size of meter installed:

Size of Meter	Monthly Fixed Fee
5/8"	$11.50
1"	26.14
1-1/4"	38.83
1-1/2"	50.54
2"	79.82
3"	148.14
4"	245.74
6"	489.74
8"	782.54

(C) Fire Protection Service Surcharge. Except as otherwise provided in Rule 1.17.2(F) in addition to the charges set forth in subsections (A) and (B) of this rule, the following surcharges for fire protection or hydrant maintenance are to be recovered from the customers of the waterworks as a monthly fee to be charged with the other charges on the utility bill, pursuant to IC 8-1.5-4-14(b):

Public Fire Protection
Size of Meter	Monthly Rates
5/8"	$2.64
1"	6.60
1-1/4"	10.03
1-1/2"	13.20
2"	21.12
3"	39.60
4"	66.00
6"	132.00
8"	211.20

Private Fire Protection
Annual Charge:
2" or less connection	$53.69
4" connection	$215.22
6" connection	485.04
8" connection	647.32
10" connection	970.14
12" connection	1,615.68

(D) Temporary Users. Temporary users of hydrants shall be charged for the water used based on the rates set forth in the schedule of rates and charges most currently in effect and prevailing. [Res. 2015-03 § 1, 2015].

Rule 2.2 Delinquent payment penalty.

Repealed by Res. 2017-13.

Rule 2.2.1 Delinquent payment penalty.

All bills for water service not paid on the due date thereof, as stated in such bills, shall be subject to a collection or delinquent payment charge the greater of $10.00 or 10 percent of any balance due and owing. Also see late payment charge in Rule 2.3. [Res. 2017-13 § 4, 2017].

Rule 2.3 Schedule of nonrecurring fees and charges.

The following additional fees and charges are set forth as follows:

(1)	Service Deposit:
	Residential	$60.00
	Small business	$75.00
	Large business (car wash, laundromat, restaurant) (See Rule 1.8)	$200.00
(2)	Construction Water Use:
	Without meter. See building inspector for charges (See Rule 1.10)
(3)	Service Charge for Meters:
	5/8"	Meter cost plus $50.00
	1"	Meter cost plus $50.00
	1-1/2"	Meter cost plus $50.00
	For larger meters	Meter cost plus $50.00
(4)	Tapping/Inspection Charge
	Residential	$200.00
	Commercial/Industrial	$330.00
(5)	Meter Testing (Residential)	$35.00
	Meter testing all others (See Rule 1.16.1(I))	Actual cost plus $15.00
(6)	Read-O-Matics:
(7)	Frozen or Carelessness/Repair of Meter:
	Fee scheduled by water department (See Rule 1.16.1(H))
(8)	Late or Delayed Payment Charge:
	Ten dollars ($10) per month plus one percent (1%) per month on unpaid balance.
(9)	Service Restoration Charges:	$30.00
	(See Rule 1.17.3)
	Urgent service restoration surcharge:	$50.00
	In addition to the fees above, a surcharge in the identified amount will be charged to restore water services Monday through Thursday after 3:00 p.m.
(10)	Returned or NSF Checks: (See Rule 1.17.3(J))	Actual bank charge plus $15.00 administrative fee.
(11)	Maintenance of Service Pipes and Meter Boxes: Water wastage service fee after grace period (See Rule 1.14)	$20.00 per day
(12)	Manual Meter Reading Surcharge Fee (See Rule 1.17.3)	$28.33 per month

[Res. 2017-13 § 5, 2017].

Rule 2.3.1 Annual review required.

The board of waterworks directors shall review the rates and charges set forth in Rules 2.1 through 2.3 to determine their sufficiency. The board of waterworks directors may recommend a change in rates and charges if upon review it is determined that all rate components experience an aggregate (net) cost increase of more than five percent. This excludes costs of purchased supply managed by a tracker.

Rule 2.4 Authorized sites for collection of utility charges.

In addition to the office of the collection and billing authority, the following places are designated authorized agents of the utility for the purposes of receiving payments from utility customers for all charges, fees and rates authorized under these rules:

(A) First Financial Bank at all Highland branches. [Res. 2017-13 § 6, 2017].

Division 3. Extensions and Other Provisions

Rule 3.1 Restriction on lawn sprinkling, etc.

The board of waterworks of the town of Highland shall have the authority to establish rules and regulations regulating the days, time periods and hours for lawn sprinkling within the town of Highland, Indiana.

Any person, firm or corporation who violates or fails to comply with the rules and regulations of the board of waterworks of the town of Highland, Indiana, concerning the restrictions and regulations of lawn sprinkling shall be punished by a fine not to exceed $100.00. Every day any violation of this section continues shall constitute a separate offense.

Rule 3.2 Permission required for extensions.

No extensions shall be attached to, or be considered as authority to use water from, public or private mains within the town, except with permission granted by the waterworks department, after approval by the board of waterworks directors.

Rule 3.3 Petition required for extensions.

(A) Any person desiring extension of water mains, whose property will be serviced with water by the proposed extension, shall file a petition with the water department. This petition shall include a description of each property to be serviced with water mains and shall show type and size of building on each parcel of property.

(B) Each petition shall include an agreement, signed and executed by each of the petitioners, in which the petitioners bind themselves separately and severally to make the necessary connection and use the water as soon as the water mains are extended and made available to each property parcel described in the petition.

Rule 3.4 Decision to grant – Fees, refunds, etc.

(A) Upon the filing of a petition of any water main extension, the waterworks department shall have an accurate estimate made of the cost of the extension requested in the petition.

(B) The minimum revenue for a six-year period from the number of consumers who shall immediately connect to the proposed water main extension shall be computed and compared to the estimated cost of the extension. The water department shall give consideration to cost and estimated revenue and shall either approve or reject the extension petition.

(C) Where revenue is insufficient to warrant the waterworks department’s expenditure for water main extension, each petitioner may deposit a sum deemed sufficient by the department in the refundable water main extension fund, and when the fund is sufficient to pay the cost of the extension, the water department shall proceed to construct the extension.

(D) Whenever, in a period of six years from date of completion of water main extension, an additional user (other than the original petitioner) is connected to the extended main, there shall be refunded to the petitioner, the sum equal to minimum revenue for water service for the six years.

Division 4. Workforce and Miscellaneous Utility Rules

Rule 4.1 Meals furnished for waterworks personnel responding to exigency.

(A) Whenever waterworks employees are called out to respond to an exigent matter involving the utility, the waterworks authorizes the superintendent of the waterworks to furnish a meal for the responding employees, at his discretion;

(B) Any accounts payable voucher for any such meal shall be prepared with reasonable detail and filed in the usual manner particularly setting forth the employees for whom the meal was furnished;

(C) The amount expensed for any such meal shall not be in excess of the daily reimbursement limitations for meals while traveling as set forth and established by the municipality in its most recently enacted and effective compensation and benefits ordinance.

Rule 4.2.1 Authority of utility officer(s) to adjust certain charges.

(A) Notwithstanding Rule 1.18.1(D) or any other rule, the collection authority of the waterworks may adjust water services charges in an amount up to but not exceeding $500.00, whenever the correction is attributable to meter reading error or corrections attributable to converting estimate of usage to actual usage.

(B) The collection authority of the waterworks shall generate and maintain a record of all such adjustments available for public inspection and review by the board of directors of the waterworks for its information.

(C) Notwithstanding Rule 1.18.1(D) or any other rule, the superintendent of the waterworks may adjust water services charges in an amount up to but not exceeding $500.00, where the adjustment does not involve a matter described in subsection (A) of this rule and whenever in his judgment such adjustment would be proper.

(D) The superintendent of the waterworks shall generate and maintain a record or report of all such adjustments to be available for public inspection and review by the board of directors of the waterworks for its information.

(E) The superintendent and the collection authority may jointly make adjustments to water service charges valued in excess of $500.00 but less than $1,200, for the reasons set forth in subsections (A) and (C) of this rule; provided, that a record of all such adjustments be generated and made available for public inspection and review by the board of directors of the waterworks.

(F) No adjustment for any amount in excess of $1,200 may be granted without the favorable action or approval of the board of directors of the waterworks. (February 2002)

Rule 4.3 Payment of accounts payable vouchers in advance of board allowance.

Repealed by Res. 2016-10.

Rule 4.3.1 Payment of accounts payable vouchers in advance of board allowance.

The board of waterworks directors approves and authorizes claim payments to be made by the clerk-treasurer in advance of formal board allowance for the following types of expenses as outlined in HMC 3.10.010 as may be amended from time to time. [Res. 2016-10 § 4, 2016].

Rule 4.4 Allowance for doubtful accounts policy.

(A) Rationale and Explanation. The allowance for doubtful accounts policy is being revised effective January 1, 2004. The new policy will be referred to as the allowance for doubtful accounts policy. This revision is instituted to change the methodology employed to determine the percentage of the waterworks utility receivables that are unlikely or doubtful to be realistically collected within a reasonable period of time following the close of a fiscal year. The policy will apply to all funds of the waterworks utility, except those covered by another policy in which user rates and charges are accounted or figured in the revenue stream.

(B) The policy will be applied to the preparation of the financial statements of the municipality, in conformity to the prevailing generally accepted accounting practices (GAAP) and the guidance statements of the governmental account standards board (GASB). The policy need not inform practical policies of collection nor limit the ability of the municipality to carry the full amount of receivables affected for other purposes.

(C) Procedure and Formula. The clerk-treasurer shall identify the amounts of utility user charges and rates charged and collected for the three years most immediately preceding the subject year of the financial reporting.

(D) The clerk-treasurer shall then calculate the percentage of payment of utility user charges and rates receivables using only those charge types or categories associated with unpaid user charges, which includes but is not limited to late installments and penalties.

(E) The percentage paid in each of the three years immediately preceding the subject year of the financial reporting shall be averaged to produce the average percentage of collections as applied to the receivables. The inverse of that percentage shall represent the allowance for doubtful collections. (Example: If the three-year average of collections on delinquencies or receivables is 55 percent, then the allowance for doubtful collections would be 45 percent.)

(F) Authority for Administration. The town clerk-treasurer shall have continuing authority for the administration and implementation of this policy. This shall include the authority to interpret its provisions in a manner not in conflict with any of its terms including the authority to determine the estimate of allowance for doubtful accounts that will be used. (March 2005)

Rule 4.5 Clarifying customer and utility service jurisdiction.

The section of water service between the home and (meter) and the curb stop buffalo box is considered the private section of service and the responsibility of the property owner to maintain. The section of water service between the curb stop/buffalo box and water main is considered the utility section of the service and the responsibility of the utility. [Res. 2014-05.1 § 1, 2014].

Rule 4.6 Frozen water lines.

(A) Upon notification that a utility customer has no water service and it has been determined that the suspension is a result of a frozen water service in advance of the meter, the utility shall advise the customer to contact a plumbing contractor in order to thaw the service, all at the expense of the expense of the customer.

(B) If the plumbing contractor determines that the water service is within the utility section, the customer/contractor shall contact the water utility. Upon authorization by the utility, the contractor may be engaged to thaw the utility section of the service and any expenses incurred for this work shall be borne by the utility. Any expenses incurred by the customer in the unsuccessful attempt to thaw the private section line may be reimbursed up to $1,000 providing that an invoice from the contractor engaged to thaw the service is presented. The waterworks superintendent is hereby authorized to approve reimbursement for expenses described herein, up to $1,000.

(C) Upon determining that a water service is frozen between the water main and curb stop, the water utility shall determine to thaw the service or if possible, establish a secondary source of water from an adjoining property by connecting a hose between properties. Any expenses incurred in thawing the water service as described in this subsection shall be at the expense of the utility.

(D) Whenever a water service has been thawed in accordance with subsection (C) of this rule, the utility may remove the water meter or remove the recording body in order to allow the customer with the frozen water service to constantly draw water without expense until the threat of refreezing has passed. [Res. 2014-05.1 § 2, 2014].

Division 5. Backflow Prevention and Cross-Connection Control

Rule 5.1 Definitions.

“Air gap” means an unobstructed vertical distance through atmosphere between the discharge end of a pipeline supplied from the public water system and the overflow rim of the receiving portion of the customer water system.

“Backflow” means the flow of water or contaminants into the public water supply distribution system from a source other than the public water system.

“Backflow preventer (BFP)” means a device designed to prevent backflow.

“Backflow prevention” means a program designed to discover, eliminate, and prevent all unauthorized and uncontrolled backflow and cross-connections.

“Backpressure” means a higher pressure in a customer’s water system than in the public water system or service connection. It is generally caused by a pump, elevated tank, boiler, thermal expansion, or reasons other than a reduction or loss of the incoming pressure.

“Backsiphonage” means backflow caused by a negative or reduced pressure in the supply piping.

“Booster pump” means a pump installed on a pipeline to increase water pressure or flow.

“Contaminant” means any substance that, if introduced into the potable water system, could create a health hazard or does not comply with the requirements for potable water.

“Cross-connection” means any physical arrangement, including cross-connection control devices, whereby a public water supply distribution system is directly connected, either continuously or intermittently, with any secondary source of supply, sewer, drain, conduit, pool, piping, storage reservoir, plumbing fixture, or other device which contains, or may contain, and is capable of impairing to the public water supply, contaminants, contaminated water, sewage or other waste or liquid of unknown or unsafe quality.

“Cross-connection control device” means any device or assembly approved for construction on or installation in water supply piping, which is capable of preventing contaminants from entering the public water supply distribution system.

“Cross-connection hazard” means any customer facility which, because of the nature and extent of activities on the premises or the materials used in connection with the activities or stored on the premises, would present an immediate or potential danger or health hazard to customers of the public water supply should backflow occur. Includes, but is not limited to, customer facilities designated as cross-connection hazards in 327-IAC 8-10-4.

“Customer water system” means all piping, valves, fixtures and appurtenances including secondary sources of supply used by a customer to convey water on his premises.

“Double check valve assembly (DCV)” means a device or assembly composed of two tightly closing shut-off valves surrounding two independently acting check valves, with four test cocks, one upstream of the four valves and one between each of the four check and shut-off valves.

“Double detector check (DDC)” means a backpressure-type backflow prevention device designed to serve also as a detector check on fire protection systems. It includes a line-size approved double check valve backflow preventer with a metered bypass, into which has also been incorporated an approved double check valve backflow preventer.

“Downstream” means the direction of flow when only the public water system is supplying water through the customer water system and backflow is not occurring.

“Inspector” means an individual qualified in a vocation and authorized to make inspections, interpret codes, regulations and procedures.

“Potable water” means any water that, according to Safe Drinking Water Act standards, is safe for human consumption.

“Pressure vacuum breaker (PVB)” means a device or assembly containing an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the downstream side of the check valve for relieving a vacuum or partial vacuum in a pipeline.

“Public water system” means a public water supply (including but not limited to supply, treatment, storage, transmission and distribution facilities and appurtenances) operated as a public utility that supplies potable water to the service connection of the consumer’s water system through pipes or other constructed conveyances. Herein defined as the town of Highland public water system, as operated by the department of waterworks.

“Reduced pressure principal (RPZ) backflow preventer” means a device composed of two tightly closing shut-off valves surrounding two independently acting pressure reducing check valves that, in turn, surround an automatic pressure differential relief valve, and four test cocks, one upstream of the five valves and one between each of the four check and shut-off valves. The check valves effectively divide the structure into three chambers; pressure is reduced in each downstream chamber allowing the pressure differential relief valve to vent the center chamber to atmosphere should either or both check valves malfunction.

“Registered cross-connection control device inspector” means an individual who has been trained and qualified to test and inspect backflow prevention devices, in accordance with Indiana Department of Environmental Management (IDEM) requirements, and who holds a valid IDEM registration number.

“Representative” means a person authorized to represent the superintendent of the town of Highland department of waterworks.

“Secondary source of supply” means any well, spring, cistern, lake, stream, or other water source, intake structure, pumps, piping, treatment units, tanks, and appurtenances used, either continuously or intermittently, to supply water other than from the public water system to the customer, including tanks used to store water to be used only for firefighting, even though the water contained therein is supplied from the public water system.

“Service connection” means the point of delivery of water to a customer water system, normally, the downstream end of the meter. It is the end of the department of waterworks’ jurisdiction and sanitary control over the water. Two types of service connection are as follows:

(A) “Combination” means a single service connection that is designated for more than one use (i.e., domestic and fire protection).

(B) “Dedicated” means a single service connection that is designated for one use only (i.e., domestic, fire protection, or irrigation).

“Upstream” means the direction of flow opposite to downstream.

“Vacuum breaker (VB)” means a backsiphonage-prevention device that introduces air into the potable water system when the system pressure approaches zero. It is designed for use where the receptacle or environment being served is subject to atmospheric pressure only.

Rule 5.2 Purpose and objective of rule.

The purpose of this rule is:

(A) To protect the public potable water system of the town of Highland, Indiana, from the possibility of contamination by isolating within the customer’s water system such contaminants that could backflow into the public water system; and

(B) To promote the elimination or control of existing cross-connections, actual or potential, between the customer’s potable water system and nonpotable water system, plumbing fixtures, and industrial piping systems; and

(C) To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination of all potable water systems.

Rule 5.3 Responsibilities.

(A) The Department of Waterworks (Purveyor). The superintendent of the waterworks is primarily responsible for preventing contamination of the public potable water system by instituting a program of backflow prevention and cross-connection control. Such responsibility begins at the point of origin of the public potable water system and terminates at the service connection to the customer’s water system. If, in the judgment of the superintendent, an approved backflow prevention assembly is required at the customer’s water system, for the safety of the water system, the superintendent or his designated representative shall give notice, in writing, to said customer to install an approved backflow prevention assembly at specific locations on the customer’s premises. In addition, the superintendent shall exercise reasonable vigilance to ensure that the customer adheres to program requirements stated herein.

(B) The Building and Inspection Department (Inspector). The building and inspection department is primarily responsible for enforcing the Indiana Plumbing Code to prevent contamination within the customer’s water system through a program of backflow prevention and cross-connection control, requiring that all plumbing outlets terminate through an approved air gap or be controlled by an approved mechanical backflow prevention device. Such responsibility begins at the service connection to the customer’s water system and extends to the extremities of the customer’s potable water system.

(C) The Customer. The customer has the responsibility for protecting his own potable water system from degradation due to conditions originating on his premises, by complying with the Indiana Plumbing Code. The customer is also responsible for protecting the quality of water in the town of Highland public water system against any potential or actual health hazard(s) generated on or from his premises through uncontrolled cross-connections, by utilizing an approved backflow prevention assembly at the service connection. After the superintendent has determined the type of backflow protection that is required at a customer’s service connection, the customer is then responsible for the costs of procurement, installation, testing, repair and maintenance of said device.

Rule 5.4 Implementation and enforcement.

(A) This rule shall be implemented for backflow prevention and cross-connection control, in conjunction with the existing Indiana State Plumbing Codes, and the Indiana Administrative Code 327 327 8-10 on all new domestic water, fire protection, and irrigation system installations.

(B) Implementation of this rule shall also include existing installations. Evaluations shall be made by the department of waterworks beginning with those customer water systems representing the greatest potential threat to the public water system. The customer shall remain responsible for abatement of cross-connections which may exist within customer’s premises. As a minimum, the evaluation shall consider: (1) the existence of cross-connections; (2) the nature of the materials handled on the property; (3) the probability of a backflow occurring; (4) the degree of piping system complexity; and (5) the potential for a system modification.

(C) No water service connection to any premises shall be installed or maintained by the department of waterworks unless the water supply is protected as required by Indiana state laws and regulations and this rule. Service of water to any premises shall be discontinued by the superintendent if a backflow prevention assembly required by this rule is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

(D) Enforcement of the rule shall be administered by the superintendent of the waterworks utilizing his staff in cooperation with those of the building and inspection and fire departments.

Rule 5.5 Right to inspect and obtain information.

(A) The customer, upon request, shall furnish to the department of waterworks any pertinent information regarding the customer’s water system where backflow or backsiphonage are deemed possible through uncontrolled plumbing connections or cross-connections.

(B) Nothing herein shall relieve the customer of the responsibility for conducting periodic surveys of water-use practices on his premises to determine whether there are actual or potential uncontrolled cross-connections within the customer’s water system through which contaminants could flow back into the public potable water system.

(C) If the superintendent considers any customer water system to pose an actual or potential contamination threat to the public potable water system, the superintendent will order an inspection by an authorized representative(s) from the building and inspection, health, and/or fire departments. Inspections will focus on plumbing cross-connections and potential contaminating substances within a facility. Using information gathered, the department of waterworks will determine the degree of potential backflow hazard and, where appropriate, specify the type of backflow protection required at the customer’s service connection.

(D) If, upon inspection, a customer water system is found to pose an actual or imminent threat of contamination of the public water system in violation of backflow prevention or cross-connection control requirements of the Indiana Plumbing Code, the Indiana Administrative Code or this rule, the superintendent shall deny or immediately discontinue water service to the premises by removing the customer water meter or otherwise severing the public water system connection. The customer water system shall stay disconnected until the customer has corrected the condition and the installation has been reinspected.

(E) In the event of accidental contamination of the public water system, the customer, if he is so aware, shall immediately notify the town of Highland department of waterworks so that appropriate measures may be taken to contain and isolate the contaminant.

Note: Cost liabilities are the customer’s responsibility, and known failure to report is a criminal offense punishable under county, state, and federal law.

Rule 5.6 Water from other sources.

(A) No water supplied by any private water supply system shall be connected to the town of Highland public water system.

(B) Upon discovery of an uncontrolled interconnection on any premises being furnished water through a public water system other than the town of Highland public water system, the customer shall be notified that the interconnection must be removed or controlled at the town’s service connection by an approved backflow prevention device within 30 days. If the correction is not made within the 30-day period, the meter will be removed and will not be reinstalled until the maximum-type backflow protection is installed at the service connection, and the customer has paid for all associated costs.

Rule 5.7 Special water delivery conditions.

(A) Booster pumps installed on the service line to or within any premises must be approved and permitted by the town of Highland department of public waterworks. No customer shall cause or allow the installation or maintenance of a booster pump in a public water system unless a device is installed to control operation of the booster pump when pressure to pump suction drops as follows:

(1) Wherever a fire suppression system has a booster pump installed only for fire suppression, it shall have an audible or visual alarm to provide warning when flow occurs and a control valve shall be installed on the booster pump discharge to automatically throttle the flow as necessary to maintain a minimum of 15 pounds per square inch, gauge, pump suction pressure.

(2) For all booster pumps other than those used only for fire suppression, a control device shall be installed to either prevent operation of the booster pump, or else to automatically throttle flow to or from the booster pump as necessary to maintain a minimum of 20 pounds per square inch, gauge, pump suction pressure. It shall be the duty of the water customer to maintain control valves, control devices and gauges in proper working order at all times and to certify to the department of waterworks, at least once a year, that all control equipment is operable.

Note: Consumer shall assume all liabilities.

(B) Tanks, tanker trucks, seed spraying trucks, and other containers that will be filled with water obtained under the fire hydrant water use permit policy must be inspected, approved and permitted by the town of Highland department of waterworks for the permanent installation of an approved air gap or reduced pressure zone backflow prevention device prior to issuance of the fire hydrant water use permit. In addition, connecting hose, etc., to a fire hydrant for purposes other than filling an approved tank or tank truck shall also include, as a minimum, a prior approved and inspected double check valve backflow preventer.

Rule 5.8 Selection of devices.

(A) Backflow prevention devices shall be selected in accordance with Indiana Plumbing Code requirements, based on the degree of hazard involved and the specific requirements of the cross-connection application. The degree of hazard shall be based on whether the contaminants present a high hazard or low hazard and on whether the cross-connection backflow would be primarily caused by backsiphonage or backpressure.

(B) Vacuum breakers shall be manufactured of corrosion resistant materials. Other backflow prevention devices, including accessories, components, and fittings in sizes through two inches, shall be bronze with threaded connections. Sizes above two inches shall be bronze; or iron that has been fusion bonded, epoxy coated inside and out, and have flanged connections.

(C) Each device shall have a brass identification tag securely attached with corrosion-resistant mechanical fasteners, and be embossed to indicate the manufacturer’s name, serial number, and maximum working pressure and temperature.

Rule 5.9 Approval of devices.

All backflow prevention devices utilized within the town of Highland shall be on the “List of Approved Backflow Prevention Assemblies” available from the Foundation for Cross-Connection Control and Hydraulic Research (FCCCHR), University of Southern California, or from the Indiana Department of Environmental Management, Office of Water Management.

Rule 5.10 Location and installation of devices.

(A) Location of all backflow prevention devices shall be in an area that provides a safe working environment for access, testing and maintenance, in accordance with the Indiana Plumbing Code. The area shall be readily accessible, dry, free from dirt, extreme cold, heat, and electrical hazards.

(B) Installation of all backflow prevention devices shall be in accordance with the Indiana Plumbing Code, the Indiana Administrative Code and this rule. Installations for cross-connection control shall be by a duly licensed plumber, mechanical and/or utility contractor; and certified by a licensed agent.

(1) When a double check valve is used as the backflow prevention device, it shall be installed at or as close to the service connection as practical, in an approved meter box, covered vault or insulated enclosure.

(2) When a reduced pressure zone (RPZ) backflow preventer is installed at the service connection, it shall be above ground in a structure that is protected from freezing. In lieu of the above-ground installation at the service connection, and at the owner’s request, the superintendent and the plumbing inspector may allow the RPZ to be installed immediately inside the building, in which case the device would remain under the jurisdiction of the town of Highland department of waterworks and subject to periodic inspections, and testing as required by this rule.

(3) When a backflow preventer (BFP) is installed in a service pipe inside a structure on any premises for the purpose of cross-connection control, it shall be unlawful to tap into such service pipe upstream of the BFP. Any upstream branch connection on an existing service pipe shall be permanently disconnected or equipped with a backflow preventer commensurate with the degree of hazard and application requirements.

(C) Facilities that must have a continuous uninterrupted water supply shall install backflow prevention devices in parallel for testing and maintenance purposes. In no case shall a bypass arrangement be installed unless it also is equipped with an approved backflow prevention device.

(D) Vacuum breakers and backflow preventers equipped with atmospheric vents, or with relief openings, shall be so installed and so located as to prevent any vent or any relief opening from being submerged. They shall be installed in the position as recommended by the manufacturer, and as prescribed in the Indiana Plumbing Code.

(E) Special Caution. When water is heated and stored in a customer’s water system, or a branch of the system, that has been closed by the installation of a backflow prevention device, or any other checking device, an auxiliary relief valve, or expansion chamber, shall be installed to limit thermal expansion of the water being heated to not more than 80 psi static (no-flow) pressure at any fixture on the system.

Rule 5.11 Fire protection systems.

(A) Except as provided under subsections (B) and (C) of this rule, public water system connections to fire protection systems, including but not limited to standpipes and automatic sprinkler systems, shall be protected from backpressure and back-siphonage by one of the following testable devices:

(1) Double check valve assembly.

(2) Double check detector assembly.

(B) Where fire protection systems supplied from public water system include a fire department (Siamese) connection which is located less than 1,700 feet from a nonpotable water source that could be used by the fire department as a secondary water supply, the public water system shall be protected by one of the following:

(1) Double check valve assembly.

(2) Double check detector assembly.

Note: Nonpotable water sources include fire department vehicles carrying water of questionable quality or water that is treated with antifreeze, corrosion inhibitors, or extinguishing agents.

(C) Where antifreeze, corrosion inhibitors, or other chemicals are added to a fire protection system supplied from a public water system, the public water system shall be protected by one of the following:

(1) Double check valve assembly.

(2) Double check detector assembly.

(D) Whenever a backflow device is installed in the public water supply to a fire protection system, the hydraulic design of the system shall account for the pressure drop through the backflow device. If such devices are retrofitted for an existing fire protection system, the hydraulics of the sprinkler system design shall be checked to verify that there will be sufficient water pressure available for satisfactory operation of the fire sprinklers.

Rule 5.12 Tests, maintenance and repairs.

(A) All backflow prevention devices or booster pump control devices, both existing and new, and all parts thereof, shall be maintained in a safe and reliable operating condition by the customer.

(B) The customer shall be responsible for the cost of testing, maintenance, and repair of all backflow prevention and booster pump control devices downstream of the service connection.

(C) The customer is responsible for backsiphon or backpressure related contamination and, if contamination of the town of Highland public potable water system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device that has been bypassed, the customer shall be liable for all associated costs of cleanup required for the public potable water system.

(D) To ensure that each cross-connection control device required by this rule is in working order, the customer shall have each device inspected and tested by a registered cross-connection control device inspector at the time of construction or installation and at the following intervals:

(1) Air Gaps. Air gaps shall be inspected at least annually.

(2) Pressure Vacuum Breakers (PVB). Pressure vacuum breakers shall be inspected and tested at least annually.

(3) Double Check Valve (DCV) Backflow Preventers. Double check valve backflow preventers shall be inspected and tested at least annually.

(4) Reduced Pressure Zone (RPZ) Backflow Preventers. Reduced pressure zone backflow preventers shall be inspected and tested at least every six months.

(5) Synthetic Components within a Device. Synthetic components within a device shall be replaced every five years, or sooner if required.

(6) Booster Pump Control Devices. Booster pump control devices shall be inspected and tested annually.

(E) Test procedures for all backflow prevention devices shall be as outlined in the latest edition of the University of Southern California, FCCCHR; Manual of Cross-Connection Control.

(F) Testing and repairs shall be performed by a registered cross-connection control device inspector who is certified and trained to understand the design and intended operation of the device being tested. The inspector shall be listed on the “List of Indiana Registered Cross-Connection Control Device Inspectors” maintained by the Indiana Department of Environmental Management (IDEM).

(G) A test and maintenance record for each Air Gap, RPZ, DCV, and PVB device used for cross-connection control shall be maintained by the customer. Following each test, a report in IDEM format must be sent to the department of waterworks, backflow prevention section.

(H) The department of waterworks shall retain the three most recent reports of tests conducted on air gaps, RPZ, DCV and PVB devices installed in accordance with this rule.

(I) All backflow prevention devices and test data shall be subject to periodic inspection by a representative of the department of waterworks. If a device is found to be inoperative or malfunctioning, the customer will be given a reasonable time to complete corrections required. With the exception of cases involving actual or imminent system contamination, the time allotted for corrections will be determined by potential hazard posed to the public potable water system.

(J) If corrective measures have not been taken in the allotted time, water service will be terminated. The customer will receive a certified letter of intent to terminate service. Termination procedures will be initiated 10 days after receipt.

Rule 5.13 Additional information.

Any questions regarding this rule may be directed to the:

Superintendent of Waterworks

Town of Highland

Department of Waterworks

3333 Ridge Road

Highland, Indiana 46322

Chapter IWATERWORKS RULES AND REGULATIONS

Rule 1.1 Definitions.

Rule 1.2 Superintendent of the waterworks.

Rule 1.3 Clerk-treasurer to collect water charges – Service as collection and billing authority.

Rule 1.4 Rules and regulations on file.

Rule 1.5 Written application or contract required.

Rule 1.5.1 Written application or contract required.

Rule 1.6 Modification of contract.

Rule 1.7 Assignment of contract.

Rule 1.8 Service deposits.

Rule 1.9 Turning on water service.

Rule 1.10 Construction water use.

Rule 1.11 Service connections.

Rule 1.12 Swimming pools and hydrant use.

Rule 1.13 Use of booster pump.

Rule 1.14 Maintenance of service pipes and meter boxes.

Rule 1.15 Special provisions for fire protection systems.

Rule 1.16 Repealed.

Rule 1.16.1 Metering generally.

Rule 1.17.1 Repealed.

Rule 1.17.2 Meter reading, billings, and delinquencies.

Rule 1.17.3 Meter reading, billings, and delinquencies.

Rule 1.17.4 Opportunity for challenge, hearing and review.

Rule 1.17.6 Discontinuance of service without prior notice.

Rule 1.18 Basis for monthly billing.

Rule 1.18.1 Basis for monthly billing.

Rule 1.19 Waste or excessive use.

Rule 1.20 Resale of water prohibited.

Rule 1.21 Access to premises.

Rule 1.21.1 Access to premises.

Rule 2.1 Schedule of recurrent usage ratio and charges.

Rule 2.2 Delinquent payment penalty.

Rule 2.2.1 Delinquent payment penalty.

Rule 2.3 Schedule of nonrecurring fees and charges.

Rule 2.3.1 Annual review required.

Rule 2.4 Authorized sites for collection of utility charges.

Rule 3.1 Restriction on lawn sprinkling, etc.

Rule 3.2 Permission required for extensions.

Rule 3.3 Petition required for extensions.

Rule 3.4 Decision to grant – Fees, refunds, etc.

Rule 4.1 Meals furnished for waterworks personnel responding to exigency.

Rule 4.2.1 Authority of utility officer(s) to adjust certain charges.

Rule 4.3 Payment of accounts payable vouchers in advance of board allowance.

Rule 4.3.1 Payment of accounts payable vouchers in advance of board allowance.

Rule 4.4 Allowance for doubtful accounts policy.

Rule 4.5 Clarifying customer and utility service jurisdiction.

Rule 4.6 Frozen water lines.

Rule 5.1 Definitions.

Rule 5.2 Purpose and objective of rule.

Rule 5.3 Responsibilities.

Rule 5.4 Implementation and enforcement.

Rule 5.5 Right to inspect and obtain information.

Rule 5.6 Water from other sources.

Rule 5.7 Special water delivery conditions.

Rule 5.8 Selection of devices.

Rule 5.9 Approval of devices.

Rule 5.10 Location and installation of devices.

Rule 5.11 Fire protection systems.

Rule 5.12 Tests, maintenance and repairs.

Rule 5.13 Additional information.

Chapter I
WATERWORKS RULES AND REGULATIONS