APPENDIX C

The Director of Public Utilities shall adopt rules and regulations which are necessary for the safe, economical, and efficient management of the public utility systems, including, without limitation, distribution, metering, billing, collecting, turn-on and turn-off procedures and such other measures required for fiscal integrity. These Rules and Regulations are assembled for customer and employee convenience and service.

Invalidity of any section, clause, sentence, or provision in these Rules and Regulations shall not affect the validity of any other section, clause, sentence, or provision of these Rules and Regulations which can be given effect without such invalid part(s). Any references to specific laws, ordinances, statutes, codes, regulations and similar documents shall be as same is amended or modified from time to time. The Department of Public Utilities reserves the right to amend and/or revoke these Rules and Regulations in part or whole whenever it deems necessary or prudent. Not every situation can be listed or defined in these Rules and Regulations, and the inclusion or absence herein of any particular situation shall not be construed to limit the Director's authority to institute other practices or procedures as deemed necessary or prudent for the operation of the Department of Public Utilities.

DEFINITIONS

The following non-exhaustive list contains terms used in these Rules and Regulations:

"Account Holder" shall have the meaning set forth in § 101.01(A). An Account Holder is also sometimes referred to as "Customer," "Business Partner" or "BP."

"Actual Read" shall mean the reading from and inspection of the primary Meter, usually the inside Meter, and as determined by the Department (may initially be the Remote read, but if Remote and inside Meter differ, inside Meter prevails).

"Adjustment Committee" shall have the meaning set forth in § 105.02(c).

"Agent's Authority for Utility Matters" shall mean a legally valid and binding instrument signed by both the Owner and Agent by which the Customer confers to the Agent the power to perform specified acts that include Utility Service matters.

"Air Gap Separation" shall have the meaning set forth in OAC § 3745-95-01(A).

"Appeal Process" shall mean the method and criteria by which a Customer disputes a utility bill.

"Approved" shall have the meaning set forth in OAC § 3745-95-01(B).

"AREIS" shall mean the Lucas County Auditors Real Estate Information System.

"Auxiliary Water System" shall have the meaning set forth in OAC § 3745-95-01(C).

"AWWA" shall mean the American Water Works Association.

"Backbill" shall have the meaning set forth in § 104.03(C). The Department is not required to Spread Back consumption for a Backbill and may apply all Unbilled Consumption at the current rate(s).

"Backflow" shall have the meaning set forth in OAC § 3745-95-01(D).

"Backflow Prevention Device" shall have the meaning set forth in OAC § 3745-95-01(E).

"Balance Transfer" shall mean where the delinquency (or credit) from an Account Holder may be transferred to one or more accounts held by the same Account Holder(s) or an entity or Premises under the control of said Account Holder as well as to another account for the Premises.

"Boiler Valve" shall mean a small spigot after the Meter. A Boiler Valve before the Meter is prohibited and shall constitute Unauthorized Use.

"BP Contact" shall mean the text of information as shown in SAP for a particular Business Partner. See also Account Holder.

"Bushing" shall mean the inlet tail piece of a Meter setting and is what allows DPU to remove the Meter without destroying the pipes.

"Charter" shall mean the Charter of the City of Toledo, Ohio.

"CFR" shall mean the Code of Federal Regulations as same shall be amended or modified from time to time.

"City" shall mean the City of Toledo, a charter municipality of the State of Ohio having home rule authority pursuant to Article XVIII of the Constitution of the State of Ohio and, where consistent with the context, its agencies, departments, divisions, boards, bureaus, officers and employees.

"Consumer" shall mean the Person(s) having the use or benefits of Utility Services, see § 101.01(A).

"Consumer Water System" shall have the meaning set forth in OAC § 3745-95-01(H).

"Consumption" shall mean the water used as evidenced by the Meter Advancing. Billing for Consumption is unrelated to how a Customer actually chooses to use water after the water flows through the Meter, whether intentional or not (such as leaks). The flow or volume of the treated and delivered water by DPU is measured by the primary (inside) Meter. DPU is not responsible to know of or to explain why or how Customer used water after the Meter registered Consumption.

"Contamination" shall mean an impairment of the quality of the water by sewage, process fluid or waste to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

"Contract for Service" or "Application for Service" shall mean the eligible Consumer's formal application for Utility Service from the Department. See also § 101.01(A).

"Corporation Stop" shall mean a valve up to 2" used at the Water Main to control water flow through a domestic service.

"Corrected Bill" shall have the meaning set forth in § 104.03(C). See also Reverse Charges, Reverse Payments, Reapply Charges, and Reapply Payments.

"Cross-Connection" shall have the meaning set forth in OAC § 3745-95-01(I).

"Curb Box" shall mean the stand pipe and cover used to house the Curb Stop and provide access so the Curb Stop valve can be operated.

"Curb Stop" shall mean the point of the Service Line where the Curb Stop valve is located and its protective infrastructure and where a Turn On/Off occurs. Also means the valve used to control water flow at the property line.

"Customer" shall have the same meaning as "Consumer."

"Customer Branch" shall mean that part of service lines 2-inch in diameter or less between the curb stop and curb box (or King box, if applicable) and the meter of the Premises to be served. Shall also mean the dividing line between the public space, street or public right-of-way from the abutting lot or parcel of land held and used by the Owner as a unit.

"Deed Letter" shall mean written correspondence to the Account Holder to inform said Account Holder is not the Owner of record for the Service Address and that the Owner must Contract for Service.

"Degree of Hazard" shall have the meaning set forth in OAC § 3745-95-01(J).

"Department of Public Utilities" or "Department" or “DPU” shall mean the Department of Public Utilities of the City. The Department is comprised of seven (7) divisions, as same may be changed and/or reorganized from time to time: Engineering Services, Environmental Services, Sewer and Drainage Services, Utilities Administration, Water Distribution, Water Reclamation, and Water Treatment.

"Director" shall have the same meaning set forth in TMC § 945.02(d) or his or her designee (aka Director of Public Utilities).

"Director of OEPA" shall mean the director of the Ohio Environmental Protection Agency or his/her duly authorized representative.

"Director of Public Service" as that title appears in the TMC, including, without limitation, Charter Chapter 233 and TMC §§ 115.03, 911.31, 945.06(e), and for functions under the control of the Department shall mean the Director of Public Utilities.

"Discharge Ticket" shall mean a ticket which allows discharge to the Plant.

"Disconnect" shall mean a form of Work Order for a Non-pay Disconnect or a Miscellaneous Cut and shall not mean a Turn Off, Exchange or Removal.

"Disconnect by Mass" shall mean a form of Work Order for a Non-pay Disconnect.

"Domestic Wastewater Hauler" shall mean a Person who engages in the activity, service or business of transporting domestic wastewater or Septage from a sewage disposal system to another location for disposal, land application or treatment and shall include licensed plumbers and purveyors of portable toilets.

"Double Check Valve Assembly" shall have the meaning set forth in OAC § 3745-95-01(L).

"Double Check-Detector Check Valve Assembly" shall have the same meaning as set forth in OAC § 3745-95-01(M).

"Drive Approach" shall mean the portion of the driveway in the public right-of-way, or, where applicable, between the sidewalk and curb.

"Equivalent Residential Unit" or “ERU” shall have the same meaning set forth in TMC § 943.02(k).

"Estimated Bill" shall have the meaning set forth in § 104.03 and is often followed at some point by a Backbill.

"Exchange" or "Meter Exchange" shall mean the type of Work Order evidencing the action to be taken by DPU field personnel to hysically Remove an old Meter and Install a new Meter and shall not mean a Turn Off/Turn On, Install, or Removal.

"Field Trip Fee" shall mean fee(s) assessed to the Customer's account to cover costs (including, without limitation, manpower, time, and equipment) associated with said field trip.

"Final Bill" shall have the meaning in § 102.01(E).

"Flow Test" shall mean an AWWA-approved testing method for the measurement of water flow through a Meter that cannot be performed in field and must be done under the approved control conditions of the Division of Water Distribution's Meter Shop.

"Frozen Meter" shall mean any Meter with a cracked bottom or Meter casing as well as any instance where said damage renders the Meter unable to properly register consumption while still otherwise operating. "Frozen Meter" is not the same as Meter Failure. A Frozen Meter cannot be tested because the crack will cause water to spew everywhere. A Frozen Meter will never cause a Meter to read higher because the water loss means less water is being registered. A Frozen Meter is one example of a non-Advancing Meter.

"Green Card" shall mean a type of occupant notice card left at the Service Address prior to a Disconnection.

"Health Hazard" shall have the meaning set forth in OAC § 3745-95-01(N).

"In vs. Out" shall mean where the inside Meter reading and the Remote reading are not aligned. If billed according to Remote read, and if Remote and inside Meter readings differ, then Unbilled Consumption will occur based on the inside Meter reading.

"Inlet valve" shall mean the only appurtenance, piping or infrastructure allowed between the inlet tail piece connected to the Meter and the street (before the Meter).

"Inspect" shall mean the type of Work Order evidencing the action to be taken by DPU field personnel to physically inspect the Meters and shall not mean a Disconnect, Miscellaneous Cut, Turn Off/Turn On, Exchange or Removal.

"Install" shall mean the type of Work Order evidencing the action to be taken by DPU field personnel to physically install a new Meter and shall not mean a Turn Off/Turn On, Exchange or Removal.

"Interchangeable Connection" shall have the meaning set forth in OAC § 3745-95-01(P).

"Isolation Backflow Prevention Device" shall have the meaning set forth in ORC § 3703.21(F)(1).

"Kill" shall mean the physical termination of Utility Services.

"King Box" shall mean the primary Curb Stop used to control several private services.

"Legacy System" or "CIS" shall mean the name of the software system prior to SAP used by the Department to operate billing, accounting, and numerous other account and inventory applications.

"Mailing Address" shall mean the Customer address in the Department records for delivery by United States mail.

"Meter" shall mean any device authorized by the Department that measures the flow or volume or consumption of Utility Services.

"Meter Advancing" shall mean the sequential advancement of the dials as registered by a Meter.

"Meter Failure" shall mean the very rare occurrence where a Meter has failed to properly register the Consumption within AWWA standards, including, without limitation, a broken seal, a Frozen Meter, and a Slowly Dying Meter. Meters with the wrong head or failed generator are not Meter Failure but rather failures of appurtenances or infrastructure to a Meter.

"Meter Reading" shall be the numerical sequence of dials on a Meter where the Meter seal has not been broken. In the event a Remote Meter fails to properly register a Meter Reading exactly equivalent to the inside Meter Reading, the inside Meter Reading shall prevail. See In vs. Out and Positive Displacement Meter.

"Minimum Charge" shall mean the rate applied to an active account for the type and size of Utility Service installed as specified in the TMC for the availability of Utility Services, even if there is no Meter Advancing.

"Miscellaneous Cut" shall mean a form of Work Order for a Disconnect for reasons as authorized by law and these Rules & Regulations and is not a Turn Off, Exchange or Removal.

"Missing Meter" shall mean the absence of the Meter in its proper location and setting as well as when reasonable and safe access to the Meter is denied or is otherwise not made available to the Department.

"Move In/Out" shall mean the act of activating or terminating Utility Services without which said Utility Services are deemed continuous in the Account Holder's name.

"New Sidewalk Construction" shall mean the installation of sidewalks in the public right-of-way to be constructed where there are no existing sidewalks.

"NFPA" shall mean the National Fire Protection Association.

"Non-pay Disconnect" shall mean a Turn Off due to a Customer's nonpayment when due of charges. See also § 103.01 and 103.04.

"Non-Potable Water" shall mean water not safe for drinking, personal, or culinary use.

"OAC" shall mean the Ohio Administrative Code, as same may be amended or modified from time to time.

"Occupant" shall mean the lawful possession at a Premises by a natural Person. Occupancy levels irrelevant if Meter Reading is advancing.

"OEPA" shall mean the Ohio Environmental Protection Agency or his/her duly authorized representative.

"ORC" shall mean the Ohio Revised Code, as same may be amended or modified from time to time.

"Outlet valve" shall mean the appurtenance or infrastructure allowed between the outlet tail piece connected to the Meter and the structure's internal plumbing (after the Meter).

"Owner" shall have the meaning set forth in TMC § 943.02 (p).

"Owner-Ordered Turn Off" shall mean a Turn Off ordered by the Owner. See also § 103.04.

"Payment" shall mean the payment of money in the currency of the United States of America.

"Person" shall have the meaning set forth in TMC § 925.02(c)(38)

"Plant" shall mean the City's Bay View Wastewater Treatment facility located at 3900 N. Summit Street, Bldg. #1, Toledo, Ohio 43611-3097.

"Positive Displacement Meter" shall mean a type of flow Meter that requires the fluid being measured to mechanically displace components in the Meter (the magnet for the measuring element) in order for any fluid flow to occur and to register volume. In such a Meter, the Meter dials cannot advance without the fluid going through the Meter (aka water demand).

"Potable Water" shall mean water which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the OEPA.

"Power of Attorney" shall mean a legally valid and binding instrument by which the Customer confers to another the power to perform specified acts that include Utility Service matters.

"Premises" shall mean the real property that is the service address receiving Utility Services and located on the private side of the curb stop or curb box.

"Process Fluids" shall have the meaning set forth in OAC § 3745-95-01(U).

"Public Water System" shall have the same meaning as ascribed to such term in ORC §§ 6109.01(A) and 6109.02.

"Radio Transmitter" shall mean the device connected to a Meter that sends readings to a network of receivers.

"Reapply Charges" shall mean the part of the Corrected Bill process where after the Reverse Charges occur, the new, correct charges are added to accurately reflect the charges on the Customer's account.

"Reapply Payments" shall mean the part of the Corrected Bill process where after the Reverse Charges, Reverse Payments, and Reapply Charges occur, all Reverse Payments are reapplied to accurately credit all payments previously made on the Customer's account.

"Recheck" shall mean the type of Work Order evidencing the action to be taken by DPU field personnel to physically confirm a Turn Off/Turn On and inspect the Meters and shall not mean an Inspection.

"Reconnect" shall mean shall mean a form of Work Order to reconnect Utility Service at a Service Address after a Disconnect and shall not mean a Turn On, Removal, or Exchange.

"Reduced Pressure Principle Backflow Prevention Assembly " shall have the same meaning as set forth in OAC § 3745-95-01(W), as same shall be amended or modified from time to time.

"Reduced Pressure Principle-Detector Assembly" shall have the same meaning as set forth in OAC § 3745-95-01(X).

"Re-Final Bill" shall mean a Final Bill that has been recalculated with an actual inside Meter read or otherwise more reliable information than the Final Bill. See § 102.01(E)(1).

"Rehabilitation of Existing Sidewalk" shall mean the repair, replacement or grade correction of existing sidewalk panels, Drive Approach and/or curb in the public right-of-way.

"Remote" or "Remote Meter" or "Remote Register" shall mean an outside register recording water flow through the inside Meter. It is an extension of the inside Meter through a pulse generated to advance the Remote. A Remote does not advance without the inside Meter first advancing and the generator sending a pulse to the Remote.

"Removal" shall mean the type of Work Order evidencing the action to be taken by DPU field personnel to physically remove a Meter shall not mean a Turn On/Turn Off, Exchange or Removal.

"Rents" shall mean the rates established by ordinance for Utility Services.

"Resale of Utility Services" shall mean the authorized and metered sale of Utilities Services by a Customer to someone else, such as a tenant or resident, including, without limitation, private sub-metering.

"Reverse Charges" shall mean the part of the Corrected Bill process where the previous charges are reversed to avoid a Customer's account from being double-charged.

"Reverse Payments" shall mean the part of the Corrected Bill process after the Reverse Charges where the previous payments are reversed to avoid a Customer's account from being double-credited.

"Sanitary Sewer System" shall mean a system of pipes and conduits connected in such a way as to convey domestic sewage and pretreated industrial wastes to the Plant. The publicly maintained portion of the Sanitary Sewer System shall be located in either the public right-of-way or on private property within a recorded easement and shall extend to the limits of the right-of-way or easement.

"SAP" shall mean the name of the software system used by the Department to operate billing, accounting, and numerous other account and inventory applications.

"Septage" or "Septic" shall have the same meaning as set forth in OAC § 3745-33-01(LL).

"Service Address" shall mean the street address noted in Department records; may also be referred to as the Tap address or Premises.

"Service Call" shall mean every event where DPU personnel arrive at the Service Address, such as, without limitation, a Reconnect, Disconnect, or Field Trip.

"Service Connection" shall have the meaning set forth in OAC § 3745-95-01(Y).

"Service Line" shall mean the pipe or conduit by which water is conveyed or drawn from the water main to the meter on the Customer's property. Large Service Lines are considered to be over 2" in size.

"Severe Health Hazard" shall have the meaning set forth in OAC § 3745-95-01(Z).

"Sewer Lateral" shall mean the pipe or conduit by which sanitary sewage or storm water is conveyed from a private source to the main sewer.

"Sewer Tapper" shall mean an individual or corporation licensed as set forth in TMC § 927.04.

"Shift Supervisor" shall mean the operations Shift Supervisor on duty at the Division of Water Reclamation.

"Slowly Dying Meter" shall mean a type of Meter Failure where the Remote Meter has failed to properly register the Consumption within AWWA standards.

"Split" shall mean a water service divided after the meter to serve additional Customers.

"Spreading Back" shall mean the discontinued practice of retroactively estimating consumption when calculating a Backbill using the best available information of the consumption history at the Service Address. This practice is discontinued in favor of billing based on actual information. See also "Backbill."

"Storm Sewer System" or "Storm Drain" or "Municipal Storm Sewer System" or "Storm Water System" shall have the same meaning as set forth in TMC § 941.01(u).

"System Hazard" shall have the meaning set forth in OAC § 3745-95-01(BB).

"Tampering" shall have the meaning set forth in § 100.03.

"Tap" shall mean access on a Water Main or sewer main which provides Utility Service to a Customer.

"Tap Branch" shall mean that part of the Service Line situated between the Water Main to and including the Curb Stop and Curb Box.

"TMC" shall mean the Toledo Municipal Code as same shall be amended or modified from time to time.

"Turn On/Off" shall mean the type of Work Order evidencing the action to be taken by DPU field personnel to either turn on or turn off service, as the case may be, at the Curb Box and shall not mean an Exchange, Disconnect, Install or Removal.

"Unauthorized Use" shall mean any type of water consumption not affirmatively authorized by DPU. Will generally result in a Backbill and penalty. DPU is not responsible to know when or where such illegal hookups occur.

"Unbilled Consumption" shall mean the difference between the last billed consumption and consumption from a subsequent Meter read.

"Utility Services" shall generally mean any combination of services, water, sanitary sewer, storm water or garbage, that a given Premises receives.

"Vehicle" shall mean that device used to transport a tank.

"VOA" shall mean the Account Holder's name has been verified with the Owner's name as provided on AREIS.

"Water Main" shall mean the principal line or conduit through which water is conveyed or drawn to hydrant branches or Service Lines.

"Water Purveyor" shall have the same meaning as "Director."

"Water Theft" or "Theft of Utility Services" shall have the meaning set forth in § 100.03.

"Winter Averaging" shall have the meaning set forth in § 104.04(D).

"Work Order" shall mean an instruction to DPU field personnel to perform a specified task. See also Exchange, Install, Removal, Turn On/Off.

CHAPTER 100
GENERAL ADMINISTRATION

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