(A) Purpose.
(1) The purpose of this section is to provide rules and fee structures for the village to supply water to public water suppliers for a period of 30 days or more, and not for emergency water connections.
(2) The pubic water supplier will use the water provided by the village only for the purpose of supplying water to the supplier's customers and not to any other public water supplier.
(3) Definitions.
DAILY OVER-USE CHARGE (DO-UC). A financial penalty for exceeding the maximum daily usage that the village charges the public water supplier.
DESIRED WATER SERVICE END DATE. The last day the public water supplier receives water from the village.
DESIRED WATER SERVICE START DATE. The first day the public water supplier receives water from the Village.
KGAL. One thousand gallons of water.
MAXIMUM DAILY USAGE (MDU). The maximum volume of water, in Kgal, that the village will supply to the public water supplier in a 24-hour day (beginning at 12:00:01 a.m.) without financial penalty.
MAXIMUM MONTHLY USAGE (MMU). The maximum volume of water, in Kgal, that the village will supply to the public water supplier in a 30-day month, without financial penalty. (Note: for a 31-day month, the MMU is 1.033 x the 30-day MMU. For a 28-day month the MMU is 0.933 x the 30-day MMU. For a 29-day month the MMU is 0.967 x the 30-day MMU. This must not exceed the MWR by more than 5%.
MONTHLY OVER-USE CHARGE (MO-UC). A financial penalty for exceeding the maximum monthly usage that the village charges the public water supplier.
MONTHLY WATER RESERVED (MWR). The volume of water that the village will reserve for the public water supplier in one 30-day calendar month.
PUBLIC WATER SUPPLIER (PWS). A person who owns or operates a "public water system" as defined in OAC 3745-81-021, that is also a "water works company" as defined in R.C. § 4905.03(A)(8), that is subject to the jurisdiction of the Public Utilities Commission of Ohio or owned by a political subdivision.
RESERVED CAPACITY SYSTEM CHARGE (RCSC). A monetary charge to the public water supplier, payable to the Village of Waynesville, for the total water reserved.
TOTAL WATER RESERVED (TWR). The total volume of water (in Kgal) that is reserved by the village for the public water supplier. It is the product of the water reserve period and the monthly water reserved: TWR = WRP * MWR.
VILLAGE. Village of Waynesville.
WATER RESERVE CHARGE (WRC). The rate, in units of dollars/Kgal, the village charges for each Kgal of water reserved.
WATER RESERVE PERIOD (WRP). The number of consecutive months the village reserves a supply of water for the public water supplier. The water reserve period is calculated as the total number of consecutive months that contains the desired water service start and end dates. This period cannot exceed 365 days without additional authorization of Council.
(B) Fees. The public water supplier shall pay two fees to the village for the water supplied: A reserved capacity system charge and a monthly usage charge.
(1) Reserved capacity system charge. The reserved capacity system charge for a public water supplier shall be based on the number of Kgal of water the village reserves for the public water supplier. This charge is payable for each water reserve period.
(a) The reserved capacity system charge shall be the multiplicative product of: (1) total water reserved, and (2) water reserve charge (found in the current Village Schedule of Fees and Charges).
RCSC = TWR * WRC
(b) The reserved capacity system charge must be paid to the village at least 30 days before service begins for the water reserve period.
(c) The public water supplier shall submit to the village a water reservation and usage application at least 90 days prior to the start date of water service.
(d) The water reservation and usage application shall contain the following information.
1. Submission date;
2. Desired water service start date;
3. Desired water service end date;
4. Total Kgal of water to reserve each month (monthly water reserved);
5. Maximum daily usage; and
6. Maximum monthly usage.
(e) The monthly water reserved is determined by one of the following:
1. If the public water supplier has a documented water usage with the village, or another supplier, for at least 12 consecutive months in the preceding 24 months, the monthly water reserved is the highest monthly volume used in the 12 month period; or
2. If no prior usage data are available, the monthly water reserved is calculated by multiplying the maximum daily use by 30.
(f) The maximum daily usage is provided by the public water supplier in the water reservation and usage application and should be a volume of water that is not expected to be exceeded on any day during the water reserve period. It cannot be greater than the village daily maximum water reserve (VDMWR) listed in the current Village Schedule of Fees and Charges.
(g) The maximum monthly usage is provided by the public water supplier in the water reservation and usage application and should be a volume of water that is not expected to be exceeded in any month during the water reserve period. It cannot be greater than the monthly water reserve + 5%. It also cannot be greater than the village monthly maximum water reserve (VMMWR) listed in the current Village Schedule of Fees and Charges.
(h) The water reservation and usage application must be signed by an official of the public water supplier agency that has the legal authority to commit the agency to financial expenditures. Written authorization from the Board of Directors or legislative authority of the public works supplier shall be furnished to the village prior to any water usage.
(i) The water reservation and usage application must be submitted to the Waynesville Village Manager.
(j) All water reservation and usage applications must be approved by a simple majority of Council.
(k) The requesting agency will be notified of acceptance of the water reservation and usage application within 14 calendar days. If the application is not accepted, the Village Manager will return the application to the submitter with explanations as to why it was rejected.
(2) Monthly usage charge. The monthly usage charge for a public water supplier shall be based on the number of gallons of water that the public water supplier uses in a calendar month. The monthly usage charge shall be the rate for inside the village in effect at the time of usage. The number of gallons used will be determined by reading the meter(s) that monitor the total flow of water to the public water supplier. All payment rules for the monthly usage charge will be the same as for the village residents (due dates, late fees, etc.). In a month of over-usage the monthly usage charge will be assessed on the maximum monthly reserve volume.
(C) Guarantee of water. The public water supplier acknowledges that the village has a finite water supply. The reservation of capacity does not guarantee that the amount of water reserved will be available at all times. A public water supplier is subject to all applicable rules of the village, and has the same rights and interests in village water as other user classes. There is no guarantee that any water reservation granted will be renewed, extended or increased.
(D) Over-usage penalties.
(1) Exceeding the maximum daily usage. If the public water supplier exceeds the maximum daily usage in a 24-hour day (beginning at 12:01 a.m.), a penalty will be assessed for that day. The penalty shall be the daily over-use charge (DO-UC), which is calculated as follows:
DO-UC = 3 * Village Inside Water Rate * (# Actual Kgal used in the day - MDU)
(2) Exceeding the maximum monthly usage. If the public water supplier exceeds the maximum monthly usage in a calendar month (beginning at 12:01 a.m. on the first day of the month), a penalty will be assessed for that month. The penalty shall be the monthly over-use charge (MO-UC), which is calculated as follows:
MO-UC = 2.2 * WRC * (# Actual Kgal used - MMU)
(3) Exceeding the maximum daily usage for two consecutive days. If the public water supplier exceeds the maximum daily usage for two consecutive days, the public water supplier will be contacted by the Waynesville Village Manager. Within 15 hours of being contacted, the public water supplier must provide to the Waynesville Village Manager a corrective usage plan of steps to be taken that will reduce the water usage to less than the daily usage maximum. These steps must begin within 24 hours after contacting the Waynesville Village Manager.
(4) Exceeding the maximum monthly usage for two consecutive months. If the public water supplier exceeds the maximum monthly usage for two consecutive months, the public water supplier will be contacted by the Waynesville Village Manager. Within three days of being contacted, the public water supplier must provide to the Waynesville Village Manager a corrective usage plan of steps to be taken that will reduce the water usage in the current month to less than the maximum monthly usage. If the maximum monthly usage is exceeded a third time during the agreement period, the reserve capacity system charge shall be recalculated for the entire period using the highest monthly usage that has occurred during the period as the monthly water reserved, and the difference between the original and new reserve capacity system charges shall be paid to the village within 30 days.
(5) If the corrective usage plans listed in divisions (3) and (4) of this section do not fix the over-usage conditions, the public water supplier agrees to pay for all costs incurred by the village to provide the over-usage water. Additionally, if the PWS continues to exceed maximum daily and/or monthly usage maximums after the first implementation of corrective usage plans, the village reserves the right to terminate water supply after 30 days of notice, and this agreement will terminate.
(E) Water meters. The public water supplier will pay for the water meter(s), associated hardware and software, installation costs, and any other costs related to providing the meter(s) necessary to monitor water supplied by the village to the public water supplier. If the public water supplier chooses to take possession of the water meter(s) when usage terminates, all costs associated with removing the meter(s) and restoring the village infrastructure will be paid by the public water supplier. All work to install or uninstall the meter(s) and hardware will be done by the village or its contractor. The village must approve the manufacturer, model, and type of meter(s) that will be installed, as well as any hardware needed for the installation.
(Ord. 2018-052, passed 12-17-2018)