Good morning. Does anyone have ordinances/policies to accompany 11 OS 22-112.5 wherein a municipality may request the termination of water service by the water provider for delinquency of the sewer account?  I expect some pushback from the rural water district.

There is tentative discussion within the city to require a wastewater valve that can be closed upon the delinquency of the sewer account. If the request to terminate water service is disregarded and the waste valve closed it could cause a number of issues if there is water supply and either no way to discharge the wastewater at all or no DEQ approved way.  I don’t believe a public water supplier is authorized to provide water unless a DEQ disposal method is available.

In an effort not to recreate the wheel, I am just wondering if anyone has been down a similar path. Thanks in advance.

Thomas Marcum
Sent from my iPhone

Tell thank you, Matt. I will take a look at them. I appreciate your help.
Thomas MarcumSent from my iPhone

On Feb 27, 2024, at 5:01 PM, Matt Love <matt.love@gmail.com> wrote:

Tom,

Attached are the ordinances we adopted out in Warr Acres after the statute was adopted. We went the route of adopting one set of ordinances that related to the termination process for utility accounts, and then added a reference to those ordinances in our Sewer (and garbage) specific ordinances.

Matt

On Sat, Feb 24, 2024 at 8:33 AM Tom Marcum via Oama <oama@lists.imla.org> wrote:

Good morning. Does anyone have ordinances/policies to accompany 11 OS 22-112.5 wherein a municipality may request the termination of water service by the water provider for delinquency of the sewer account? I expect some pushback from the rural water district.

There is tentative discussion within the city to require a wastewater valve that can be closed upon the delinquency of the sewer account. If the request to terminate water service is disregarded and the waste valve closed it could cause a number of issues if there is water supply and either no way to discharge the wastewater at all or no DEQ approved way. I don’t believe a public water supplier is authorized to provide water unless a DEQ disposal method is available.

In an effort not to recreate the wheel, I am just wondering if anyone has been down a similar path. Thanks in advance.

Thomas MarcumSent from my iPhone

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<warracresok-ok-1 (1).docx>

<warracresok-ok-2.docx>

Tom,

My experience is that a RWD or a RWC (corp) will refuse to turn off the water.  The reason given, “We have to comply with 7 U.S.C.S. §1926(b).”  In my opinion, it is always a bad idea to provide sewer service only.  If you are already providing sewer service only and the bill/s is/are not being paid, your best recourse may be collection of the bill/s through court action and/or a collection agency.  If you aren’t already providing sewer service only, you should proceed with caution.  I have copied below portions of an email I recently wrote re: extending sewer service only.  I would LOVE to learn other CAs’ experience/research/etc.

I am at the point now where I may have to draft the type of agreement contemplated below.  Question for all of you:  Has anyone ever drafted such an agreement, or a similar agreement?  Does anyone have advice re: this?  Your assistance will be greatly appreciated!

Provision of Only Sewer Service Upon Written Agreements

The City could enter into a written agreement with a RWD/C whereby the City would provide only sewer service to an area where the RWD/C provides water.  The agreement would require the RWD/C to pay the City for the City sewer service provided, send each customer a unified bill, and then apply payments to sewer service first, so that the RWD/C can shut off water to a customer if the customer’s unified water/sewer bill is not paid in full.  In addition, the City would develop a flat rate sewer charge, per lot or as determined. The charge would escalate over the years to keep up with rate increases.  The flat rate charge would cover the City’s operation, maintenance and replacement of sewer infrastructure installed and conveyed by the developer.

An ability-to-serve evaluation for sewer service should be conducted by the City staff/engineer to identify the full extent of the developer’s responsibility to provide the necessary sewer infrastructure (collection, lift station, force main, etc.).

The City would also need a development agreement with the developer regarding, among other things:

1.        What will be connected to the City’s sewer system.  Of concern will be private sewer systems, as it will most likely be the City that receives the NOV from DEQ re: any connected illegal private sewer system;
   

2.        Where and how connection will be made to the City’s sewer system;
   

3.        If the property is not located within City limits, compliance with the City’s requirements re: platting, zoning, drainage, building, etc. This could require a third-party inspection service;
   

4.        The necessary easements, permits, right-of-way crossing permits, etc. required to install the necessary sewer lines and other infrastructure over/through real property not owned by the developer;
   

5.        Conveyance of easements, infrastructure, etc. to the City.
   

Tammy

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Tammy Ewing
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Ewing Law Office, PLLC

Phone: (918) 752-9550
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From: Tom Marcum via Oama oama@lists.imla.org
Sent: Saturday, February 24, 2024 8:33 AM
To: OAMA@lists.imla.org
Subject: [Oama] Rural Water/City Sewer

Good morning. Does anyone have ordinances/policies to accompany 11 OS 22-112.5 wherein a municipality may request the termination of water service by the water provider for delinquency of the sewer account?  I expect some pushback from the rural water district.

There is tentative discussion within the city to require a wastewater valve that can be closed upon the delinquency of the sewer account. If the request to terminate water service is disregarded and the waste valve closed it could cause a number of issues if there is water supply and either no way to discharge the wastewater at all or no DEQ approved way.  I don’t believe a public water supplier is authorized to provide water unless a DEQ disposal method is available.

In an effort not to recreate the wheel, I am just wondering if anyone has been down a similar path. Thanks in advance.

Thomas Marcum
Sent from my iPhone