BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
Resolution No. 553
Establishing Criteria for Requests by District Customers for Relief from
Quarterly Metered Water Delivery Charges in the Event of a Leak or other Water
Loss.
WHEREAS, the Bolinas Community
Public Utility District (“BCPUD”) recently raised the quarterly metered water
delivery charges billed to its customers for their water consumption for the
purpose of, among other things, encouraging water conservation at the highest
consumption levels;
WHEREAS, BCPUD customers periodically experience leaks
or other form of unintentional water losses at their property;
WHEREAS, such leaks or other forms of unintentional water
loss result in a customer’s receipt of a higher than usual bill for quarterly
metered water delivery;
WHEREAS, such bills can pose a financial hardship to
district customers who experience such leaks or other water losses;
WHEREAS, the Board of Directors has determined that there
are circumstances under which it is appropriate for the district to grant
financial relief to its customers from a portion of such charges.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors
of the BCPUD (“Board”) that the Board may adjust a customer’s higher-than-usual
bill attributable to a leak or other form of unintentional water loss in accordance
with the terms and conditions of this resolution.
(1) The affected customer must submit
a written request to the BCPUD for financial relief from the district’s quarterly
metered water delivery charges. The written request should contain enough
detail to show that the leak or other form of water loss was due to circumstances
beyond the reasonable control of the customer, such as a sudden and unforseeable
mechanical malfunction, a blind leak, theft of water, vandalism, other unusual
or emergency conditions, or that the loss was due to excusable neglect.
The written request should also include as much information as possible relating
to the conditions set forth in Section 4(a) – (d) of this resolution, which
are necessary conditions of financial relief.
(2) upon receipt of the customer’s
written request for financial relief, the General Manager shall include an
item on the next regularly scheduled meeting of the Board to hear the request.
The
General Manager shall provide written notice of the time and place of this
Board hearing to the affected customer (and/or the customer’s agent) at least
72 hours in advance of the meeting;
(3) the Board’s determination as to
whether it will grant a customer’s request for financial relief will be based
on a number of factors including, but not limited to:
(a) the circumstances causing the leak or other
water loss which the customer claims were beyond his or her reasonable control;
(b) any circumstances relating to the leak or other
water loss that were not beyond the customers’s reasonable control;
(c) the time of year the leak or other water loss
occurred;
(d) the extent (amount of water used)
of the leak or other water loss;
(e) the impact of the leak or other water loss
on the district’s stored water supply;
(f) the risk posed to public health and safety
by the leak or other water loss;
(g) the expense presented to the district as a
result of the leak or other water loss; and,
(h) such other factors as the Board may, in its
sole discretion, determine to be relevant to its determination whether to
grant the requested financial relief; provided, however, that no such relief
shall be granted for leaks or other water losses attributable to any landscaping
irrigation system.
(4) The Board, upon making a determination that
the leak or other form of water loss resulted from circumstances beyond the
reasonable control of the customer or from excusable neglect, may grant relief
from a portion of the customer’s quarterly metered water rates provided that
all of the following conditions are met:
(a) The customer’s total metered water
usage during the billing period in which the leak or other form of water loss
occurred was at least 2100 cubic feet;
(b) The customer’s total metered water
usage during the billing period in which the leak or other form of water loss
occurred was at least 150% of the customer’s normal usage for that billing
period, based on the average of the customer’s usage during the same billing
period over the three preceding years;
(c) The customer took remedial action
with all deliberate speed upon discovering the leak or other form of water
loss; and
(d) The customer has provided documentary
or other evidence of a complete repair of the leak or other form of water
loss within 30 days from the billing date during which the water loss has
occurred.
At the conclusion of the hearing, the Board of Directors shall render its
decision on the customer’s request for financial relief by motion duly recorded
in the district minutes. The decision may incorporate any reasonable
conditions and shall be forthwith transmitted to the customer (and/or customer
agent) by either first-class mail or personal delivery.
IT IS HEREBY CERTIFIED that this resolution was duly introduced and adopted
by the Board of Directors of the Bolinas Community Public Utility District
this 17th day of October 2007 by the following vote:
AYES: Amoroso, Kimball, McClellan, Siedman, Smith
NOES: None
ABSTAIN: None
ABSENT: None
__________Jack Siedman__________
President, Board of Directors
attest:
Jennifer Blackman
_______________________
secretary