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Leak and Leak Adjustment Policy
NOTE: A complete copy of the District's Policy Regarding Leaks and Adjustment of Water and Wastewater Usage Charges for Leaks is available for inspection at the District's office located at 5910 River Road, Nashville, Tennessee 37209.
BACKGROUND
It is accepted water and wastewater utility practice in the United States, and the policy of the
District, that the customer is responsible for the proper provision, monitoring, operation,
maintenance, repair and replacement of all water and wastewater utility service lines and
components of the customer’s water and wastewater system on the customer’s side of the
water meter and wastewater line inspection point. This includes leakage. A customer who has
a leak on the customer’s side of the water meter or who is seeking a leak adjustment should
realize that a water or wastewater leak allowing drinking water to escape or wastewater to go
untreated is wasteful and a potential public health hazard.
LIMITATIONS
The District is subject to various state and federal regulations and bond covenants and has no
discretion to adjust bills in a manner which would violate these regulations or covenants.
PUBLIC NOTICE
A copy of this policy shall be available at the business office of the District for customer
inspection during regular business hours.
POLICY STATEMENT
Any customer who has a leak on the customer’s side of the water meter or who is seeking an
adjustment of water or wastewater usage charges for leaks shall be treated in accordance with
this policy.
1. Customer’s Responsibility to Monitor, Investigate and Repair Leaks
The customer is responsible for monitoring higher than expected usage as reflected on
the customer’s bill. Higher than expected usage must be investigated by the customer
and any leaks promptly repaired by the customer. A customer who has observed or has
actual knowledge of a leak on the customer’s side of the water meter is required to
promptly repair the leak (a) as a pre-condition to the District’s consideration of a request
for a leak adjustment and (b) to avoid termination of water and wastewater service.
2. Knowledge of Leak by District Employee
A District meter reader or other District employee who observes or has actual knowledge
of a leak on the customer’s side of the water meter shall notify the customer by calling
the customer or leaving a “door hanger” on the premises.
3. Meter Reading Error
If an investigation of a meter and meter records establishes that a meter was misread,
then the bill will be revised based on the corrected reading proportioned to the number of
days between the readings. If there was a failure of the meter or the meter reading
device, a new bill will be issued using an estimated reading based on an average of the
past twelve (12) months billings prior to the period covered by the bill in question.
4. Proper Meter Reading
If an investigation of a meter and meter record establishes that a meter was properly
read and that there was no failure of meter or meter reading device, the bill will remain
valid and payable.
5. Testing of the Customer Meter
If the customer questions the accuracy of the meter, the customer may pay the bill in
question plus a meter testing deposit of fifty dollars ($50.00) for 5/8" x 3/4" meters and
three hundred and fifty dollars ($350.00) for all other meters up to and including two inch
(2") meters. The District will remove the meter and test it at the District’s shop or at the
District’s election have the meter tested by a third party. For meters larger than a two
inch (2") meter, the District will obtain an outside consultant to test the meter if the
customer agrees to pay for the testing.
If the meter proves to have an accuracy within guidelines established for used meters by
the American Water Works Association (AWWA), it is deemed to be accurate. If the
meter tests accurate, the customer’s meter testing deposit will be non-refundable. If the
meter does not meet AWWA accuracy standards, the District shall refund the meter
testing deposit to the customer, repair or replace the meter, and make an adjustment to
the charges in accordance with the test results, if feasible, or, if not feasible, based upon
an average of the twelve (12) months billings prior to the period covered by the bill in
question.
6. Request for an Approval of Adjustment
A written request from the customer for a leak adjustment of a water or wastewater bill
must be submitted for review to the District within ninety (90) days of the due date of the
bill requested to be adjusted before an adjustment may be considered or approved. The
written request shall be accompanied by either a plumber’s Affidavit or a letter from the
customer certifying: (1) the name, address, and telephone number of the person
discovering the leak; (2) how the leak was discovered; (3) the date the leak was
discovered; (4) the nature and location of the leak; (5) the date the leak was repaired; (6)
the name, address, and telephone number of the person repairing the leak; and (7) a
description of the repair work performed.
All requests for billing adjustments must be received in writing at the business office of
the District during regular business hours.
7. Leaks Qualifying for Adjustment and Calculation of Billing Adjustment
A request for adjustment of a water or wastewater bill for a leak must meet all other
requirements of this policy. If all other requirements of this policy are met, the following
leaks may qualify for adjustment: (1) a leak within an underground water service line
between the meter and exterior of a building (2) a leak within or under a building if the
leak was due to a ruptured water service line or similar sudden release of water from a
water service line or (3) a leaking commode or faucet. The District does not adjust any
water or wastewater bills as a result of faucets or hoses left running, pressure washing,
or similar water usages.
Only one (1) bill, or two (2) consecutive bills if the leak affected two (2) billing cycles, will
be adjusted in any consecutive twelve (12) month period. The District may consider
additional requests for an adjustment within a consecutive twelve (12) month period
upon the customer’s refunding of all prior adjustments within that period in order that the
customer receives the benefit of the largest adjustment within any consecutive twelve
(12) month period.
If any water bill, or a wastewater bill involving a leaking commode or faucet, is approved
for adjustment, the customer will pay an adjusted bill in an amount equal to the average
of the previous six (6) months’ metered usage not including the highest and lowest
usage months within that six (6) month period plus the then current lowest rate charged
by the District per one thousand (1000) gallons of water for all water and wastewater
services for the difference in the amount of water actually metered on the bill to be
adjusted and the average metered during the previous six (6) months as calculated
above. If the customer has not received six (6) previous bills, the customer shall pay the
minimum monthly charge for water and wastewater services plus the then current lowest
rate charged by the District per one thousand (1000) gallons of water for all water and
wastewater services in excess of one thousand (1000) gallons of water metered on the
bill to be adjusted.
If a wastewater bill involving a leak within an underground water service line between the
meter and exterior of a building, or involving a leak within or under a building if the leak
was due to a ruptured water service line or similar sudden release of water from a water
service line is approved for adjustment, the customer will pay an adjusted wastewater bill
as calculated in the immediately preceding paragraph, but without payment for the
difference in the amount of water actually metered on the bill to be adjusted and the
average metered during the previous six (6) months as calculated above.
8. Requirement of Actual Leak
The District shall not consider or approve any adjustment to a water or wastewater bill
unless an actual physical leak caused the extraordinary usage for which an adjustment
in the bill is requested, and the leak is located, documented, and repaired.
9. Requirement of Written Request for Adjustment Within Ninety (90) Days
The District shall not make adjustments of water or wastewater bills when the written
request for an adjustment is submitted for review to the District more than ninety (90)
days after the due date of the bill.
The District shall not extend the due date of a water or wastewater bill as a result of the
customer submitting a request for an adjustment of a bill for a leak.
10. Approval by General Manager, or his Designee, or Assistant General Manager
All requests for adjustments shall be approved by the District’s General Manager, or his
designee, or Assistant General Manager before an adjustment is given. When the
General Manager, or his designee, or Assistant General Manager reasonably
determines that the customer requesting an adjustment of a water or wastewater bill for
a leak had actual knowledge of a leak, or with due diligence would have suspected or
known of a leak, and did not take reasonable and timely steps to investigate, locate, and
repair the leak, the General Manager, or his designee, or Assistant General Manager
shall not approve the request for an adjustment.
PAYMENT ARRANGEMENTS FOR OVERAGE DUE FOR LEAKS
If requested by contacting the Customer Service Department, a customary may pay the
balance due after any approved adjustment due to a leak in six (6) equal monthly
payments. The customer must pay the customer’s monthly bill in addition to 1/6 of the
leak adjustment balance by the due date shown on the bill. Failure to do so will result in
disconnection and disqualification of the payment arrangement.
RECORD KEEPING REQUIREMENTS
The General Manager or his designee shall keep a written record of the customer billing
adjustment request and the action taken by the District.
RECORD KEEPING DURATION
All records of billing adjustments shall be kept for a minimum of five (5) years.
REVIEW BY GENERAL MANAGER AND STAFF
The Board of Commissioners hereby authorizes the General Manager, or District
personnel designated in writing by the General Manger, or the Assistant General
Manager to approve or disapprove billing adjustment requests in accordance with the
provisions of this policy that amount to no more than fifteen hundred dollars ($1,500.00).
If the action taken is unacceptable to the customer, the customer shall be advised of the
customer’s right, upon the customer’s request, to have the billing adjustment request
heard and acted upon by the Board of Commissioners. If so requested by the customer,
the customer’s request for a billing adjustment shall be scheduled for consideration at
the Board of Commissioner’s next regularly scheduled meeting and the customer shall
be informed of the time and place of the meeting.
Billing adjustment requests in excess of fifteen hundred dollars ($1,500.00) shall be
reviewed by the General Manager, or his designee, or by the Assistant General Manager
and referred for hearing as set forth above, with a recommendation, to the Board of
Commissioners for approval or disapproval in accordance with the provisions of this
policy.
REVIEW BY THE BOARD OF COMMISSIONERS
When a customer appears at a Board of Commissioners meeting regarding a billing
adjustment request without previously submitting the facts regarding the request to the
General Manager or office staff, the Board of Commissioners may delay hearing or
ruling on the request until the next regular meeting of the Board of Commissioners to
allow the General Manager, office staff, attorney or others to locate and prepare
materials concerning the request for adjustment.
REVIEW BY THE UTILITY MANAGEMENT REVIEW BOARD
If, in the opinion of the customer, a decision by the Board of Commissioners on the
customer’s billing adjustment request is not in keeping with the provisions of this policy,
the customer has thirty (30) days from the date of the Board of Commissioners’ meeting
where the request was ruled upon in which to file a written complaint with the Utility
Management Review Board (UMRB). The UMRB is a statewide board set up, in part, to
hear customer complaints. The UMRB may refuse to hear any complaint that has not
first been presented to the Board of Commissioners.
Information about UMRB hearings or procedures may be handled by telephone: (615)
532-0472.
Written complaints may be mailed to the UMRB at the following address:
Utility Management Review Board
L & C Tower, 8th Floor
401 Church Street
Nashville, Tennessee 37243-1533
NOTICE TO ALL CUSTOMERS
All notices, statements, requests and other communications from the District to the
customer shall be deemed sufficient and properly given if in writing and delivered
personally, if in writing and attached in plain view on the front or main door of the
customer’s dwelling, or if sent by U.S. mail. Customer’s refusal to accept any notice or
communication shall be deemed receipt.
OMISSIONS
In the absence of specific rules or policies, the disposition of billing adjustment requests shall be
made by the Board of Commissioners in accordance with its usual and customary practice.