Chapter 9.10 BILLING

(1) Meter Reading and Billings. Water consumption charges shall be computed based on bimonthly (every two months) meter readings. Meter readings shall be made on as close to the same cycle date as possible, every other month, allowing for variations up to seven days because of holidays, Saturdays and Sundays, and differing lengths of calendar months. Such variations will not be construed as a change in the normal bimonthly cycle. The District may estimate meter readings for billing purposes when District staff is unable to gain access to the premises during the regularly scheduled read, when the meter has been tampered with or is not functioning properly, or when circumstances such as snow and frost or emergency make reading meters impossible or unsafe.

The District may alter or reroute the meter reading and billing cycle dates when it is in the best interest of the District.

(2) Rate Computation – Rounding Off. In computing the applicable water consumption charge for water use, the cubic footage shall be rounded up or down to the nearest 100 cubic feet (CCF).

(3) Bimonthly Billings. The District’s billing cycle will be every two months for water service. For ratepayers receiving water and wastewater services, there shall be a combined bill.

(4) Mailing of Utility Bills. The District will mail, using the United States Postal Service, a utility bill to the ratepayer’s address, or at the option of the ratepayer email a notice that the bill is available in electronic format. Ratepayers are responsible for providing the District with valid address and contact information and notifying the District of any changes in such information. Failure to receive or open a bill does not release the ratepayer from obligation of payment when due.

(5) Tenant Accounts No Longer Established. Accounts designated as single-family residence that are established or changed after June 1, 2012, shall be in the name of the legal owner of the property only, per AWWDC 9.10.040. A legal owner shall have the right to request that a duplicate bill be sent to the property occupant or another party, subject to the applicable fee established by the District. The legal owner shall notify the District of any changes in tenancy or mailing address and is responsible for all unpaid charges.

(6) Commencement of Billing for New Service Connection. Billing for water service will commence as of the date the water meter is installed.

(7) Temporary Discontinuance of Service. A ratepayer may request that the District lock off the water meter and suspend the bimonthly base charge. Temporary discontinuance of service must be requested in advance and no retroactive adjustment will be made to an account for bimonthly base charges accrued as of the date of the request. This action will terminate the account. Fees for locking the water meter, unlocking the water meter, and establishing a new account shall apply per District resolution. Restoration of service must be scheduled at least three days in advance of unlocking the water meter. If a ratepayer does not have a separately metered water service, this temporary discontinuance of water service is not available.

(8) City Franchise Fees. Whenever a city requires the District to pay a fee as a condition of a franchise agreement, the District shall recover the cost of the fee from the ratepayers living within the subject city. Such fee will be added as a line item to the ratepayer’s bimonthly bill. [Res. 2612 § 2, 2013].

9.10.020 Service connections and billing – Sewer service.

(1) Meter Reading and Billings. Charges shall be computed based on bimonthly (every two months) meter readings. Meter readings shall be made on as close to the same cycle date as possible, every other month; allowing for variations up to seven days because of holidays, Saturdays and Sundays, and differing lengths of calendar months. Such variations will not be construed as a change in the normal bimonthly cycle. The District may estimate meter readings for billing purposes when District staff is unable to gain access to the premises during the regularly scheduled read, when the meter has been tampered with or is not functioning properly, or when circumstances such as snow and frost or emergency make reading meters impossible or unsafe.

The District may alter or reroute the meter reading and billing cycle dates when it is in the best interest of the District.

(2) Rate Computation – Rounding Off. In computing the applicable volumetric charge for water use, the cubic footage shall be rounded up or down to the nearest 100 cubic feet (CCF).

(3) Bimonthly Billings. The District’s billing cycle will be every two months for wastewater service. For ratepayers receiving wastewater and water services, there shall be a combined bill.

(6) Commencement of Billing for New Service Connection. Billing for wastewater service will commence on the earlier of the date of the District’s final inspection of the side wastewater sewer or the date water service starts.

(7) Temporary Discontinuance of Service. A ratepayer may request that the District lock off the water meter and suspend the minimum bimonthly charge. Temporary discontinuance of service must be requested in advance and no retroactive adjustment will be made to an account for minimum bimonthly charges accrued as of the date of the request. This action will terminate the account. Fees for locking the water meter, unlocking the water meter and establishing a new account shall apply per District resolution. Restoration of service must be scheduled at least three days in advance of unlocking the water meter. If water service is not provided by the District or the ratepayer does not have a separately metered water service, the temporary discontinuance of wastewater service is not available.

9.10.030 Utility billing, collection charges and administrative fees.

The following fees and charges for the services identified herein and provided by District staff will be effective starting January 5, 2016:

Charge	Amount of Fee/Fine	Description/Comment
Public Records Copy, Producing and Delivery Fees	$0.15 per black and white copy Actual cost of electronic media or delivery device (CD, disk drive, thumb drive, etc.) Actual cost of mail or delivery	There is no charge for inspecting public records. Fees charged are for the cost of copying, publishing and delivering records and documents, per District requirements.
Account Setup Fee	$15	Charge to set up new account or change the billing name and/or address on an existing account.
Final Bill Charge	$25	Charge to estimate and create a final bill, either by staff or using the automated website application, outside of the normal bimonthly reading and billing cycle.
Duplicate Bill Charge	$1 per bill statement	Charge to send a second or duplicate bill.
Returned Item Charge	$25	Fee charged if financial institution returns or reverses a check, ACH payment, credit card, debit card or other account payment.
Late Penalty	10% of delinquent account balance	Issued to water and sewer accounts that are more than 30 days past due.
Collection Charge	$25	Notice provided prior to termination of utility at property or premises.
Non-Pay Meter Lock-Off Fee	$50	Charged when water service is terminated and meter locked for nonpayment of delinquent bill.
Voluntary Request to Lock-Off	$25	Charged when customer requests that water service be temporarily locked off to avoid base charges.
Turn-On/Unlock Meter Fee	$25	Charged when water service is restored and meter lock removed, including temporary unlocks for inspections due to a pending sale.
Priority Service Charge	$100	Charge in nonemergency situations for staff to respond within four hours to request for service, including priority meter turn-on or service restoration. Priority service is subject to staff availability.
Broken Padlock/Angle Stop Charge	$75 + costs of repairs	Charged when meter lock is tampered with or damaged. Charges include cost of repairs for damage to angle stops or other part(s) of meter.
Lien Processing Fee	$200	Charge for processing the lien filing and release.
Meter Reinstallation	$100 + costs of meter and materials	Reinstall a water meter that has been removed, per District requirements.
Meter Test Charge	Actual costs + 15% overhead and handling charge	Cost to remove meter and have tested by independent third party.
Collect and Produce Meter Data	$85	Cost to collect water usage data from water meter and produce report, upon customer request. Fee is charged for every request beyond the first per two-year period.
Fine for Unauthorized Taking of Residential Water or Tampering with Water Meter	$200	Unauthorized taking of water from meter, tampering with meter or equipment, unauthorized connection or operation of the District’s system by any person, firm or corporation without prior written District consent or without first obtaining a permit.
Fine for Unauthorized Taking of Water from Hydrant or Tampering with Water Facilities	$1,000	Unauthorized taking of water from hydrant, unauthorized connection or operation of the District’s facilities by any person, firm or corporation without prior written District consent or without first obtaining a permit.
Fine for Unauthorized Sanitary Sewer Connection or Tampering with Wastewater Facilities	$1,000	Unauthorized connection to or tampering with the District’s sanitary sewer system by any person or entity without District consent and payment of all associated fees and costs.

High Strength Wastewater Surcharge (Per Resolution No. SR 989-2014)
$0.18	x [	(FOG Result, mg/L – 100 mg/L)	] x	Bimonthly Water Consumption,100 cu ft	x	748 gallons
$0.18	x [	100 mg/L	] x	2	x	100 cu ft
Eighteen cents per milligrams per liter of fat, oil, and grease (FOG) in discharge minus 100 milligrams per liter allowed in discharge divided by 100 milligrams per liter per gallon of water discharged based on monthly water consumption.

[Amended during 2016 codification; Res. 2661 §§ 1, 5, 2016].

9.10.040 Single-family accounts in owner’s name.

All customer accounts designated as single-family accounts for water and/or wastewater service that are opened, established or changed on or after June 1, 2012, shall be in the name of the owner of the premises for which service was installed and all charges shall be made against the property as well as the owner thereof. An owner shall have the right to request that a duplicate bill be sent to the property occupant or another party, subject to the applicable fees established by the District. [Amended during 2016 codification; Res. 2595, 2012].

9.10.050 Water service commencement.

(1) Whenever a new water account is established, charges for water service will commence on the date the meter is installed, unless the meter is installed and locked in the “off” position.

(2) If water meter installation is not requested within one year from the date of payment for an approved application for service connection, the District may thereafter install the water meter and lock it in the “off” position. If the District cannot determine from the applicant the proposed meter location, the locked meter will be installed in a location determined by the District.

(3) A standard unlock charge will apply whenever a locked meter is requested to be unlocked.

(4) For all accounts with unlocked meters, base service charges will apply regardless of water use. [Res. 2638 § 1, 2014].

9.10.060 Wastewater service commencement.

(1) When a property owner requests water service for a property where wastewater service is available, the property owner must also purchase a side sewer connection. However, if the property owner can provide verification that the property is served by an on-site sewage disposal system which is in compliance with Snohomish Health District standards, the property owner may but is not required to purchase a side sewer connection.

(2) When an existing water customer wishes to install sewer service to the property, the customer must purchase a side sewer permit.

(3) Charges for wastewater service will commence on the earlier of the date of District’s final inspection of a side sewer or the date water service starts. [Amended during 2016 codification; Res. 2638 § 2, 2014].

9.10.070 Temporary discontinuance of service.

(1) Except for irrigation meters, a customer with individually metered service may request the District to suspend water service. Upon receipt of this request, the District will lock the meter in the “off” position and suspend the bimonthly base charge from the date of lock until the meter is unlocked. Fees for locking and unlocking meters and setting up the account will be charged according to most current fees and charges resolution adopted by the District’s Board of Commissioners.

(2) After locking the meter, the District will issue a bill through the lock date and payment is due within 21 days of the issue date.

(3) Base charges will be charged to customers with unlocked meters, regardless of actual use. [Res. 2638 § 3, 2014].

9.10.080 Discontinuance of billing.

(1) The District defines the date of discontinuance of billing as the date of change in ownership or occupancy of a property, except as defined in AWWDC 9.10.090.

(2) Except as otherwise provided by contract or agreement, a customer may discontinue billing by notifying the District and paying in full all amounts owed to the District to the date of discontinuance of billing, as defined in subsection (1) of this section.

(3) The District requires written authorization from a property owner, seller, buyer, or closing agent to discontinue billing.

(A) The District will process a final bill request in compliance with state law, and in one of the following ways:

(i) Issuing an estimated final bill, based on data supplied by the customer; or

(ii) Creating a final bill from a meter reading, as requested by the customer. A fee for a meter reading will be included in the final bill. All final bills are subject to a fee, as stated in the most current fees and charges resolution adopted by the District’s Board of Commissioners.

(4) Payment of an estimated final bill or a final bill is due within 21 days of the issue date.

(5) A new account will automatically be created for the new property owner unless the District receives a request to lock the meter in the “off” position. [Res. 2638 § 4, 2014].

9.10.085 Creating final bills.

The District shall impose a charge to estimate and create a final bill, either by District staff or using an automated website application, when such estimate occurs outside of the normal bimonthly reading and billing cycle. The amount of the charge shall be set according to a fee schedule adopted by the District and pursuant to AWWDC 9.10.030.

9.10.090 Change in tenancy – Individually metered residences.

For individually metered residences, the District will only bill accounts in the property owner’s name, regardless of changes in tenancy. Upon a change in tenancy, it is the responsibility of the property owner to prorate balances due from tenants for water and wastewater service. [Res. 2638 § 5, 2014].

9.10.110 One account per meter.

There shall be one account and one bill per water meter, regardless of the number of units serviced by each meter, for water and sewer accounts, except in those cases where water and sewer units must be separated for billing purposes. [Res. 2578 § 2, 2011].

9.10.120 Combined bills.

There shall be a combined bill for users receiving more than one utility service, except in those cases where water and sewer units must be separated for billing purposes. [Res. 2578 § 3, 2011].

9.10.130 Application of cash received.

Cash received on billings shall be applied in the following priority to outstanding account balances: past due sewer service charges, past due water service charges, current sewer service charges, taxes, service charges and current water service charges. [Res. 2578 § 4, 2011].

9.10.140 Tax adjustment.

The amount of any and all revenue tax or other form of tax imposed by any governmental authority upon the District or upon its property, revenue, or income except that amount or percentage specifically exempted by action of the Board of Commissioners of the District, may be apportioned by the Board to the territory in which such tax or taxes may be effective and among the various classes of service furnished therein. Such amounts shall constitute an additional charge to the billings under any rate schedule or special contract and may be set forth as a separate item on the customer’s billing. [Res. 2578 § 5, 2011].

9.10.150 Retroactive adjustment.

Retroactive adjustment of commercial, industrial and residential bills arising out of incorrect application of rates, meter issues or clerical errors will be made only for those billing periods which occurred within the following applicable statutory limitation periods:

(1) For customer overpayments, up to three years immediately preceding discovering the circumstances for which the overpayment adjustment is made pursuant to RCW 4.16.080(3); and

(2) For customer underpayments, up to three years immediately preceding discovering the circumstances for which the underpayment adjustment is made pursuant to RCW 4.16.080(3), provided however:

(A) If sewer treatment was provided by another district or municipality under contract with the District, then the customer will be responsible for the underpayment of sewer treatment charges as required by the contracted provider’s code, rules or regulations for customer underpayments.

In addition to refunding a customer overpayment per subsection (1) of this section, the District will pay the customer interest on the overpayment at the highest allowable rate pursuant to RCW 19.52.020(1). [Res. 2751 § 1 (Exh. A), 2022; Res. 2730 § 1 (Exh. A), 2021; amended during 2016 codification; Res. 2578 § 6, 2011].

9.10.160 Misidentification or mix-up.

Should one customer be billed for service actually furnished to another because of misidentification or mix-up of the meter through which each customer has received service, each account will then be charged for all service actually furnished, or refunded the amount of the overpayment, but limited to those billing periods which occurred within the three-year period immediately preceding discovery of the meter mix-up or misidentification pursuant to RCW 4.16.080(3). [Res. 2730 § 1 (Exh. A), 2021; amended during 2016 codification; Res. 2578 § 7, 2011].

9.10.170 Closed account balance plus or minus $10.00.

If the amount of any closing charge is less than $10.00 or the balance owing on any closed account is less than $10.00, the District may cancel the charge or the amount owing. The District will not refund credit balances of less than $10.00 on closed accounts. [Res. 2578 § 8, 2011].

9.10.190 Automatic withdrawals.

(1) The Finance Director of the District is authorized to enter into agreements with customers and their respective banking institutions to establish automatic payment of District water and sewer bills by cash withdrawals directly from customer bank accounts and to apply such withdrawals to payment of customer water and sewer bills according to District procedures.

(2) After review and approval by the District’s general counsel, the Finance Director is authorized to enter into such agreements as are necessary to establish automatic withdrawals for payment of water and sewer bills; provided, that the customer shall:

(A) Sign, on a form acceptable to the District and the customer’s bank, an authorization for a cash withdrawal from the customer’s account for the purpose of paying the customer’s water and sewer bill;

(B) Provide a check on the customer’s account with the bank, along with savings account number whenever withdrawals are to come from such an account; and

(C) Provide to the District the customer’s bank agreement to honor the withdrawals, if not already provided in the documentation required herein.

(3) Whenever a withdrawal is rejected, the customer will be charged the penalty imposed by AWWDC 9.10.220, or any succeeding resolution, for returned checks.

(4) Automatic withdrawal programs heretofore established by the District are ratified by the Board of Commissioners. [Res. 2389 §§ 1 – 4, 2000].

9.10.200 Credit and debit cards.

(1) The District will provide customers access to an independent contractor to provide credit or debit card services by telephone and a website.

(2) If credit card payments are revoked twice in a one-year period, the customer’s right to utilize credit card payments will be rescinded for a period of one year. [Res. 2541 §§ 1, 3.1, 2009].

9.10.210 Extended payment program.

(1) In order to be eligible for the extended payment program, a District customer must:

(A) Be delinquent in payment for water and/or sewer services. Whenever a utility bill for services rendered to a customer of the District is unpaid for more than 21 days (date of delinquency), the account is considered delinquent; and

(B) Have a satisfactory payment history with the District. A “satisfactory payment history” means that the customer has never failed to comply with all terms of prior extended payment agreement with the District and during the previous 18 months the customer has not had more than two of any combination of the following: issuance of a nonsufficient funds (NSF) check to the District or a similar returned credit item, the posting of a turn-off tag by the District on the service, or termination of the service;

(D) Have an account classified as a metered single-family residence; multifamily residence with individually metered units; or a commercial account.

(2) Under documented extraordinary circumstances, the Finance Director may approve a payment arrangement for a customer who does not meet the eligibility criteria as set forth in subsection (1) of this section.

(3) A customer wishing to participate in the extended payment program shall fill out an application on a form provided by the District, shall provide appropriate financial information as requested by the District and shall sign and agree to all the terms of an extended payment agreement.

(4) For delinquent accounts, an eligible customer may be granted a payment arrangement of up to 90 days. The Finance Director may grant a payment arrangement up to 12 months under documented extraordinary circumstances. In the event the District undercharges a customer, pursuant to AWWDC 9.10.150(2), the Finance Director may grant a payment arrangement up to 24 months. All payments received pursuant to an approved payment arrangement will first be applied to the oldest delinquent billing cycle.

(5) For accounts in which service has been terminated, an eligible customer may within seven days of termination request and be granted a payment arrangement of up to but not exceeding 30 days to pay all outstanding balances and all other fees or other charges associated with the account, provided the customer has made payment in full of the most delinquent billing cycle.

(6) For accounts in which service has been terminated for a period exceeding seven days, an eligible customer may be granted a payment arrangement of up to 90 days and have water to the property restored, provided the customer pays at least one-third of the outstanding balance upon signing.

(7) If the customer is a tenant or does not own the property at which the service is provided, the property owner or landlord will be notified, at the address provided to the District, of the potential agreement and the property owner may object to its final execution and void the agreement.

(8) The District shall not charge a customer interest on the extended payments.

(9) For delinquent accounts up to $700.00, extended payment agreements may be approved by designated members of District staff. For delinquent accounts greater than $700.00 but less than $5,000, the Finance Director shall review and approve if appropriate. For delinquent accounts greater than $5,000, the Board of Commissioners must review and may approve an extended payment agreement.

(10) An executed payment agreement will be considered failed and revoked if:

(A) A customer fails to make timely payment pursuant to the terms of the executed agreement. “Timely payment” is defined as having been received in the District’s offices by the close of business on the day specified, or if the District offices are closed on the day specified, the next business day; or

(B) If any portion of the charges for water and sewer billed to the customer after signing an extended payment agreement becomes delinquent; or

(D) If any customer’s payment is returned by the bank and the payment amount is reversed during the terms of the extended payment agreement. This includes payments returned for nonsufficient funds (NSF) and/or other errors or omissions.

(11) If an executed payment agreement fails or is revoked, the customer’s water/sewer service is subject to termination immediately without further notice to the customer. [Res. 2730 § 1 (Exh. A), 2021; amended during 2016 codification; Res. 2609 §§ 1 – 11, 2013].

9.10.220 Returned payments.

(1) A service charge shall be added to the customer account for each returned item when notified by the District’s bank of nonpayment by the customer’s bank or payment vendor. The amount of the charge shall be set according to a fee schedule adopted by the District pursuant to AWWDC 9.10.030.

(2) The amount of the returned item payment that was applied to the customer’s account will be reversed and the status of the account for collection and enforcement will be determined as if the returned item was never receipted by the District. The customer’s account shall be immediately subject to all applicable fees and enforcement actions, including termination of water service, if applicable.

(3) If the District receives three or more returned items within any 18-month period of time on a customer account, the District may refuse to accept checks or other electronic payments on that account. [Amended during 2016 codification; Res. 2573 §§ 1 – 3, 2011].

Article II. Delinquent Utility Service Charges

9.10.230 Process.

In addition to the steps authorized by RCW 57.08.081, the following provisions set forth procedures to be utilized by the District in the event that a utility bill for services rendered to a customer of the District becomes delinquent. The District disclaims any obligation regarding delinquent accounts that exceeds the statutory provisions of RCW 57.08.081 as is now in effect or may hereafter be amended. [Res. 2692 § 1, 2018].

9.10.240 Delinquent account.

Whenever a utility bill for services rendered to a customer of the District is unpaid for more than 21 days from the bill date (date of delinquency), the account is considered delinquent. Whenever any amount becomes delinquent, all other charges, whether delinquent or not, become due and payable together with the delinquent amount. The customer is the person for whom service is being rendered and the person whose name appears as a customer according to the records of the District. It is the customer’s responsibility to provide the District with current and correct contact information, including customer name, mailing address, phone number and, if available, email or other electronic contact information (hereinafter referred to as “billing address”). [Res. 2692 § 2, 2018].

9.10.250 Late penalty.

Utility bills which remain delinquent more than 10 days after the original due date will be charged a 10 percent late penalty on the outstanding delinquent water and sewer charges. [Res. 2692 § 3, 2018].

9.10.260 Disconnection notice.

Approximately seven business days after a bill which includes delinquent past due amounts is sent, a disconnection notice will be sent to the customer with a copy to the owner, if different from the customer’s billing address. A disconnection notice will specify the total amount which is due and the date the total amount must be paid (hereinafter referred to as “required payment date”) which is approximately 10 days from the date of the disconnection notice. The total amount must be paid in cash, check or by credit card and received at the District office by the required payment date to avoid additional collections procedures and fees. [Res. 2692 § 4, 2018].

9.10.270 Water service shutoff or lock-off.

Except as provided in AWWDC 9.10.290 and 9.10.295, if the District has not received full payment of the total required payment amount by the required payment date, the water to the premises may be shut off or locked off. At least 24 hours prior to shutting off or locking off the water services to the premises, the District will provide notice to the premises indicating that service is scheduled for shutoff or lock-off. Customers receiving a shutoff notice at the premises will be assessed a collection charge as set forth in the District’s current fee schedule. Nothing herein requires or precludes the District from providing additional written, telephonic or electronic notice that if full payment of the total required amount is not received by the required payment date water to the premises may be shut off or locked off. [Res. 2692 § 5, 2018].

9.10.280 Required payment.

As stated in AWWDC 9.10.240, whenever any amount becomes delinquent all other charges, whether delinquent or not, become due and payable together with the delinquent amount. A customer with any delinquent amount not paid by the required payment date is subject to enforcement and collection procedures, including termination of water service, and fees and charges, as set forth in the District’s current fee schedule. Eligible customers may request an extended payment arrangement per AWWDC 9.10.210 as is now in effect or may be hereafter revised or amended. Once an account is shut off or locked off for nonpayment, service may not be restored until all outstanding water and sewer charges, fees and fines are paid in full; or an eligible customer requests and executes a 30-day agreement per AWWDC 9.10.210 as is now in effect or may be hereafter revised or amended. If a customer whose account has been shut off for nonpayment within the past seven days pays all other balances outstanding, he or she may elect to carry forward into the next billing cycle the collection fee, the meter lock-off fee and the turn-on fee. [Res. 2692 § 6, 2018].

9.10.290 Appeal hearing.

In the event the customer believes there is an error in the billing or disputes the amount due, the customer may be entitled to a hearing by the Finance Director of the District prior to termination of service, provided that a written request for such hearing is received by the Finance Director no later than the close of business on the day before the required payment date. At such hearing, the customer shall have the opportunity to present argument and evidence in support of his/her claim of error or irregularities. At the hearing the Finance Director should afford the customer reasonable opportunity to present evidence and argument in support of the customer’s claim of error or irregularity with respect to the bill. After giving careful consideration to any evidence and argument presented, the Finance Director shall make a decision regarding any adjustment in the bill that the Finance Director believes is fair and equitable. The decision of the Finance Director in this regard shall be in writing and shall be final and conclusive. The Finance Director will cause a copy of the written decision to be mailed to the customer. [Res. 2692 § 7, 2018].

9.10.295 Service shutoff or lock-off following appeal hearing.

If a customer pursues a hearing pursuant to AWWDC 9.10.290, until the Finance Director has made a decision, the water will not be shut off for nonpayment of the total amount due. However, if the charges as determined by the Finance Director are not paid by the customer within 10 days from the mailing of the notice of determination by the Finance Director, the water to the premises will be shut off or locked off. [Res. 2692 § 8, 2018].

9.10.300 Lien and foreclosure.

Pursuant to RCW 57.08.081(3), as is now in effect or as may hereafter be amended, if the utility charges for an account, penalty charges, termination charges, or any other charges are delinquent for over 30 days, the Finance Director of the District may file a certificate of delinquency with the Snohomish County Treasurer. A lien fee, as set forth in the District’s current fee schedule, will be added to the total amount delinquent in order to cover the cost of filing and releasing the lien and other lien processing expenses. [Res. 2692 § 9, 2018].

9.10.310 Foreclosure.

Action may be taken by the Commissioners to enforce collection as provided in RCW 57.08.081(4), as is now in effect or may hereafter be amended. [Res. 2692 § 10, 2018].

9.10.320 Release of lien.

Any lien filed with the Snohomish County Treasurer shall not be released until the total amount, including penalty charges, collection fees, lien fees, interest, reinstallation charges, and other costs associated with the lien, and all other charges are paid in full. [Res. 2692 § 11, 2018].

9.10.330 Collection charge.

(1) A collection charge shall be added to any account whenever the District takes any collection action for delinquent water or sewer charges.

(2) Whenever a meter is locked off, a lock-off charge shall be added to the account, in lieu of the collection charge.

(3) A turn-on shall be collected before any turned off or locked off meter is returned to service; provided, that all outstanding District charges must be paid before any meter is returned to service.

(4) Whenever a padlock or angle stop is broken, the District may remove the meter and charge the account for (A) the damaged property and the cost of repair of damaged property, and (B) reinstallation of the meter; provided, that reinstallation of meters turned off or removed for two or more years shall be charged according to then current resolution.

(5) The amount of the charges imposed by this section shall be set according to a fee schedule adopted by the Board of Commissioners pursuant to AWWDC 9.10.030. [Res. 2341 §§ 1 – 5, 1999].

Article III. Customer Service and Rate Adjustments

9.10.350 Progressive customer service.

District staff shall assist customers in an informative, courteous, efficient, impartial and professional manner. If a customer is dissatisfied with a response from staff, the customer has the right and opportunity to raise the issue to successively higher levels within the District, up to the General Manager or his or her designee. At any time in the process, the customer may request that the matter be brought before the Board of Commissioners (Board) for review. The Board at its discretion may make a decision on the matter, refer the matter back to staff for further investigation and action, or delay a decision until a future meeting or event. Any materials, staff recommendations or other information provided to the Board in advance of its review will also be provided to the customer, except attorney-client privileged communications, if any. [Res. 2622 § 1, 2013].

9.10.360 Requests to adjust water and/or sewer service charges.

Ratepayer requests for a billing adjustment shall be referred to the Finance Director.

(1) The Finance Director shall review the request and has the authority to adjust a bill that was the result of error or mistake.

(2) The Finance Director has the discretion to review and, if he or she deems appropriate, waive the charges to test the accuracy of the water meter at the request of a ratepayer. In determining if the fee should be waived, the Finance Director shall consider the amount of water and/or sewer charges in dispute, the payment history of the customer, and the age and brand of meter at issue.

(3) If an adjustment to water and sewer service charges is warranted for other than error or mistake, the Finance Director shall provide the General Manager or his or her designee with an investigation report and a recommendation for action. The General Manager is authorized to make the adjustment if the value is $750.00 or less and justified by the circumstances. If the General Manager determines that an adjustment is warranted but the amount is more than $750.00, he or she may recommend the adjustment to the Board, who will make the final decision. [Amended during 2016 codification; Res. 2622 § 2, 2013].

9.10.370 Request to adjust miscellaneous utility billing charges or other fees, fines or penalties.

Ratepayer requests for waiver or adjustment of a utility billing charge or other fee or fine shall be referred to the Finance Director.

(1) The Finance Director shall review the ratepayer request and make a determination. The Finance Director shall be authorized to waive or dismiss a utility billing charge or administrative fee so long as the ratepayer has not been charged the fee at any prior time and has not previously had any other utility billing collection charge or administrative fee waived.

(2) The Finance Director is also authorized to dismiss or adjust a utility billing collection charge or administrative fee, if he or she determines that the fee was assessed in error or District staff failed to follow District procedures. [Amended during 2016 codification; Res. 2622 § 3, 2013].

9.10.380 Dispute involving an account subject to termination of service.

A ratepayer whose account is delinquent and is subject to termination of service pursuant to Article II of this chapter and who believes that there is an error in the billing or disputes the amount due, may request a review of the account charges, fees and fines by the Finance Director. The ratepayer must provide the request for review in writing and it must be received by the Finance Director no later than the close of business on the day before the required payment date (as defined by Article II of this chapter). Termination of service for nonpayment will be delayed until a decision is made pursuant to AWWDC 9.10.360 and 9.10.370, and that decision has been communicated to the ratepayer. If the delinquent charges or remaining delinquent charges are not paid within 10 days from the mailing or communication of the decision, water service may be terminated pursuant to District policy. [Amended during 2016 codification; Res. 2622 § 4, 2013].

9.10.390 Leak adjustment policy – Water.

(1) Definitions of Key Policy Terms. For determining a District customer’s eligibility for a leak adjustment in subsection (2) of this section, the following definitions shall apply, unless otherwise provided for:

“Actual discovery of the leak” means when the property owner becomes aware of a leak in their private water system.

“Application for leak adjustment” means a form created by the District that a property owner must complete and submit to the District to apply for a leak adjustment.

“Balance due” means all balances owed by the property owner including past delinquent or deferred balances. If the property owner has multiple meters, the credit will be applied to all account balances due.

“Customer” means property owner or property manager. Property managers must provide proof that they have authority to sign on the property owner’s behalf.

“Days” mean calendar days less federally recognized holidays.

“Facility” means building or place where water service is provided.

“Fifty percent leak adjustment” means leaks that occurred in an irrigation line or interior plumbing will receive a partial adjustment and are considered regular maintenance. A branch irrigation system begins at the controlling valve (e.g., hose bib, control valve, backflow assembly) that supplies the irrigation system.

“Leak adjustment” or “leak credit” is the difference between the amount of water used during the period of the leak, not to exceed four months, and the normal usage; less a 15 percent administrative fee and the wholesale cost of the water. The total leak adjustment is not to exceed $5,000. The credit is applied to the balance due on the account(s). It is not a refund.

“Nonresidential” means multi-unit and commercial customers only. This term excludes all single-family residential accounts.

“Normal usage” means the previous year’s consumption for the same billing period. Typical and average usage are to be interpreted with the same definition as normal usage. If usage for the requesting customer is not available, usage history for the service address may be used. If service address history is not available, the District shall use the average for that customer class.

“Notification by District staff” means any one of the following notices: continuous usage alert on the bill, in a bill insert, letter, in-person, email, door tag, phone call, or text message.

“Property owner” means a person or entity that owns the property in question and the property is within the District’s boundaries.

“Ratepayer” means customer of the District.

“Service line leak adjustment” means leaks that occurred in the service line between the District meter and the entry point of service into the facility. This includes partial and complete replacement of the service line.

“Water leak” means a physical break, malfunction, or failure in a metered service line, irrigation system, or other underground piping system located on the premises, as well as but not limited to the internal plumbing system of the home, that unintentionally allows water to escape outside of the closed water system. A water leak does not mean when a fixture is inadvertently left on, or in the case of a residential irrigation system, connected to the property owner’s domestic water system, incorrectly constructed, or programmed.

“Wholesale cost of water” means the rate the District pays to the City of Everett for wholesale water in effect during the billing cycle when water leak occurred.

(2) Water Leak Adjustment Policy.

(A) The District offers two types of water leak adjustments to customer accounts:

(i) Service Line Leak Adjustment. Leaks that occurred in the service line between the District meter and the entry point of service into the facility. This includes partial and complete replacement of the service line.

(ii) Fifty Percent Leak Adjustment. Leaks that occurred in an irrigation line, interior plumbing, sinks, and toilets.

Note: If a leak is in an irrigation system that has been winterized, the property owner can make the repairs when the system is reenergized in the spring. Time between notification by District staff and when the system is winterized will be taken into account when determining if the repair was completed timely pursuant to this subsection (2).

(B) The minimum leak adjustment allowed is $100.00 and the maximum leak adjustment allowed is $5,000. The minimum amount will be considered pre-15 percent administrative fee. The Finance Director, or designee, may approve the leak adjustment if the amount is above $100.00 and below $2,500. The General Manager, or designee, may approve a leak adjustment above $2,500 and up to $5,000. Approved leak adjustments shall meet all of the following criteria:

(i) The property owner’s water leak must be repaired within 60 days of the following two events, whichever occurs first:

(a) Actual discovery of the leak.

(b) Notification by District staff that a leak may exist.

(ii) Property owners must apply for a leak adjustment credit within 90 days of the following two events, whichever occurs first:

(a) Actual discovery of the leak.

(b) Notification by District staff that a leak may exist.

(iii) The application for leak adjustment shall include proof of the repaired water leak. Proof of the water leak’s repair may be in the form of pictures, receipt(s) for repair parts, contractor’s invoice, or other documentation that indicates the water leak has been repaired. For repairs made by third parties, the District will require detailed receipts for repairs (such as plumbers or contractors). For repairs made by customers, the District will require copies of receipts for repair supplies, pictures of the leak before and after repair, and a sworn declaration from the customer describing the repair, including a description and date of the repair work.

(iv) The leak adjustment will only apply to the period of the leak and shall not exceed a period of four months.

(v) A property can only receive one water leak adjustment every 24 months, regardless of changes in property owners, residents, tenants, or occupants. For multi-unit and commercial customers, one credit will be given per District-owned meter, regardless of the number of buildings or units served.

(vi) Where the property owner is diligently working to repair the leak but is unable to get timely contractor or plumber services and can demonstrate to the satisfaction of the General Manager that he/she is “actively pursuing the issue” adjustments to the time limits identified above may be approved on a case-by-case basis.

(C) Approved water leak adjustment amounts will be calculated as the difference between the amount of water used during the period of the leak, not to exceed four months, and the normal usage; less a 15 percent administrative fee and the wholesale cost of water. The total leak adjustment is not to exceed $5,000. Fifty percent leak adjustments will be calculated at 50 percent up to the $5,000 maximum.

(D) The leak adjustment is applied to the balance due on the account(s). If a credit balance exists after applying the leak adjustment, it will be applied to subsequent bills until used. Leak credits will not be refunded unless the account is closed, and the customer has a credit balance remaining on the account.

(E) Appeal of Leak Adjustment Denial. In the event the customer disputes denial of a leak adjustment, the customer may be entitled to a second review by the Finance Director. This request must be completed on the District provided form and present evidence in support of the customer’s claim. After considering any evidence and argument presented, the Finance Director shall make a decision regarding the leak adjustment in writing which shall be final and conclusive. The Finance Director will cause a copy of the written decision to be mailed to the customer unless a response is requested via email.

(F) Nonwinter Bill Cycles. If a residential customer is denied a leak credit due to not meeting the criteria above, they may be eligible for a reduction in tiered sewer charges during nonwinter bill cycles. Sewer charges during nonwinter bill cycles are based on average winter water use. A customer must provide proof that a leak resulted in higher average usage. District staff will check the customer’s meter to determine that a leak alarm is not present. To determine the adjusted tier rate, the District will use the winter consumption from the previous year. [Res. 2753 § 1 (Exh. A), 2022; Res. 2742 § 1 (Exh. A), 2022; Res. 2729 § 1 (Exh. A), 2021].

9.10.400 Leak adjustment policy – Sewer.

(1) Definitions of Key Policy Terms. Please refer to definitions in AWWDC 9.10.390(1).

(2) Sewer Leak Adjustment Policy.

(A) The District offers two types of sewer leak adjustment to nonresidential accounts only:

(i) Service Line Leak Adjustment. Leaks that occurred in the service line between the District meter and the entry point of service into the facility. The customer must provide enough evidence that the water leaked did not enter the sewer system. It will be the burden of the customer to provide adequate proof to justify the leak adjustment application.

(ii) Fifty Percent Leak Adjustment. No credits for sewer use will be approved for leaks inside a building if the leaked water entered the sewer system via any fixture, appliance, or drain. Sewer use credits for indoor water leaks will only be approved if the customer can provide enough evidence that the water that was leaked did not enter the sewer system. It will be the burden of the customer to provide adequate proof to justify the leak adjustment application.

Eligible sewer leak adjustment must meet the criteria in AWWDC 9.10.390(2)(B) through (F). [Res. 2753 § 1 (Exh. A), 2022; Res. 2742 § 1 (Exh. A), 2022; Res. 2729 § 1 (Exh. A)].