 |
 |
 |
 |
 |
 |
 |
 |
2101. Authority and Purpose. (a) 5 GCA,
Section 56108 authorizes the Guam Waterworks Authority to prescribe rules
and regulations, including matters pertaining to business management as may
be necessary for the proper and efficient operation of the Agency. Such rules
and regulations shall include, but not be limited to, the manner in which
charges for utility services and installation shall be paid to the Agency.
|
(b) Violation of any rule or
regulation, upon notice and opportunity to be heard being given to violator,
will be sufficient cause for discontinuance or suspension or refusal to
establish service by the Agency of the services rendered to the violator.
(c) Powers and Authority of
Inspectors or Agents of the GWA. The inspectors and other duly authorized
employees of the GWA bearing proper credentials and identification shall be
permitted to enter all premises for the purposes of inspection, observation,
measurement, sampling, and testing pertinent to the water system and discharge
to the community system, in accordance with these provisions.
(1) The inspectors or other duly
authorized employees are authorized to obtain information concerning industrial
processes which have a direct bearing on the kind and source of discharge to
the wastewater collection system.
(2) The inspectors and other duly
authorized employees of the GWA bearing proper credentials and identification
shall be permitted to enter all premises through which the GWA holds a duly
negotiated easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the water
and/or wastewater facilities lying within said easement. All entry and
subsequent work, if any, on said easement, shall be done in full accordance
with the terms of the duly negotiated easement pertaining to the premises
involved.
(d) The purpose of these rules and
regulations is to establish practices governing the provision of water and
wastewater services and to define mutual obligations between GWA and its
consumers. This includes, but is not limited to, providing for such hearing
procedures as will adequately protect rights of affected persons under the
constitution of the Untied States and the Guam Organic Act.
(a) For the purpose of
these Rules and Regulations, unless it is evident from the context that a
different meaning is intended, certain words and phrases used herein are
defined as follows:
(1) Agencyor GWA shall mean the Guam
Waterworks Authority. GWAis the Guam Waterworks Authority.
(2) Applicant is a person, firm,
partnership, corporation or association or agency requesting GWA to supply
water and/or sewer service.
(4) BOD (denoting Biochemical Oxygen
Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5) days at 20
degrees centigrade, expressed in milligrams per liter.
(5) Bounty is the amount paid to any
individual who reports an illegal water and/or sewer hookup.
(6) Building sewer shall mean that
portion of a sewer, normally privately owned and installed, between a building
and its connection with the public sewer at the street right of way line,
easement boundary, or other designated point.
(7) Chief Engineer shall mean the
person holding the office of Chief Engineer, Water or Wastewater Division, Guam
Waterworks Authority.
(8) Chief Officer shall mean the
person holding the office of the Chief Officer of the Guam Waterworks
Authority.
(9) Collection main is a sewer main
of GWA from which service collection lines are extended to customers.
(10) Consumeror Customer shall mean
the person, firm, partnership, corporation or association, regardless of
government-connected status as well as any governmental department, whose name
appears on the records of the Guam Waterworks Authority as the party
responsible and liable for receiving water service. The consumer or customer
shall be the owner of the property to be served or a lawful tenant or agent of
the owner regardless of the identity of the actual user of the service.
(11) Consumer's pipe shall mean the
pipe extending from the consumer's side of the meter.
(12) Cost of service connection shall
mean the sum of the cost of the labor, materials, transportation, equipment,
and road repair, if any, and other incidental charges necessary for the
complete installation of a service connection, but excluding the cost of the
meter and meter box.
(13) Cross-connection shall mean any
physical arrangement whereby a public water supply system, sewer, drain,
conduit, pool, storage reservoir, plumbing fixture, or other device which
contains contaminated water, sewage, or other waste or liquid of unknown or
unsafe quality or agricultural injection methods employed on the consumer's
premises served by GWA which may be capable of
28 GAR - Public Utilities importing contamination to the public
water supply as a result of backflow. Bypass arrangements, jumper connections,
removable sections, swivel or changeover devices, and other temporary or
permanent devices through which, or because of which, "backflow"
could occur, are considered to be cross-connections.
(14) Elderlyperson as determined by
Guam statutes.
(15) Electrical grounding shall mean
the connection by an electric conductor of any electric appliance or electric
machinery to the water system of GWA.
(16) Escrowshall mean cash held in
trust by GWA.
(17) Fire hydrant fee is a charge to
recover costs incurred to periodically replace fire hydrants as well as the
costs of maintaining them.
(18) Force majeure shall mean any
cause against which GWA could not have reasonably foreseen or made provision
for, including but not limited to, acts of God and sudden actions of the
elements, such as floods, typhoons, earthquakes or tornadoes or in the case of
war or acts of the public enemy.
(19) Garbage shall mean solid wastes
from the domestic and commercial preparation, cooking, and dispensing of food,
and from the handling, storage, and sale of produce.
(20) GEPAis the Guam Environmental
Protection Agency.
(21) Handicapped person is a person
with a physical or mental condition which substantially contributes to the
person's inability to manage his or her own resources, carry out activities of
daily living, or protect oneself from neglect or hazardous situations without
assistance from others as determined by Guam statutes. Indicators of serious
impairment to human health include but are not limited to:
(i) Age, infirmity, or mental
incapacitation, or
(ii) use of life support systems,
such as dialysis machines or iron lungs.
(22) Illegal hookup or Illegal
connection is any hookup to water and/or sewer pipes belonging to the
Government of Guam made without prior written permission of the Agency, the
removal of water from any other of the Agency's lines, fire hydrant, etc.,
without obtaining prior approval of GWA or the unauthorized dumping of sewage
or any other matter into the Agency's water and/or sewer systems.
(23) Illness is exemplified by a
customer who suffers from a medical ailment or sickness and obtains a
verifiable document
28 GAR - Public Utilities from a locally licensed medical
physician stating the nature of the illness and that discontinuance of service
would be especially dangerous to a customer's health in the opinion of a
licensed medical physician.
(24) Inability to paymay exist when a
customer:
(i) Qualifies for government welfare
assistance, but has not begun to receive assistance on the date of receipt of
bill and can obtain verification from the government welfare assistance agency,
or
(ii) Has an annual income below the
stated federal poverty level and can produce evidence of this, and
(iii) Signs a declaration verifying
that the customer meets one of the above criteria. Inability to pay does not
excuse an obligation to pay for water and/or sewer services incurred.
(25) Industrial waste is sewage
discharge as a result primarily of a process which creates or changes raw or
unfinished materials into another form or product. This discharge typically
does not meet GEPA requirements and may require pretreatment.
(26) Installation charge is assessed
to a customer whenever GWA performs the service connection, and shall be in
accordance with GWA's Schedule of Rates and Charges.
(27) Main shall mean the GWA supply
or distribution pipe to which water service connections can be made; or the
sewer into which several laterals or other sewer lines may discharge.
(28) Main extension shall mean the
extension of water and/or sewer mains beyond existing facilities.
(29) Meter is the instrument for
measuring and indicating or recording the volume of water or flow rate that has
passed through it.
(30) Meter tampering is a situation
where a meter has been illegally altered.
(31) Minimum charge is the minimum
amount the customer must pay GWA for the availability of water and/or sewer
service, irrespective of whether any water and/or sewer service was used, as
specified in the Schedule of Rates and Charges.
(32) Multi-customer extension is a
main extension designed to serve other than a single resident customer. It
includes commercial and industrial developments, office buildings, governmental
buildings, shopping centers, and planned unit developments. It also includes
residential duplexes, triplexes,
(33) Ownership by GWA and conveyance
of property and improvements to GWAshall be the property and improvements owned
by, and conveyance made to, the Government of Guam, with administrative uses
assigned to GWA.
(34) Pay differential is incurred
when GWA performs work outside the normal hours of operation.
(35) Penalty is the amount assessed
by the Agency for any illegal hookup, fines, or charges established other than
the standard "rates".
(36) pH is an expression of the
intensity of the basic or acid condition of a liquid using a range from 0 to 14
where 0 is most acid, 14 most basic, and 7 is neutral. The acceptable pH range
of sewage varies form 5.5 to 7.8.
(37) Point of deliveryis the point
where facilities owned, leased, or under license by a customer connect GWA's
pipes at the outlet side of the meter or backflow prevention device, or GWA's
collection system.
(38) Premisesis real and tangible
property, but excludes dwellings in matters involving ingress or egress for GWA
agents and inspectors.
(39) Private Fire Protection shall
mean a service connection used solely for standby services for a private owned
fire protection system.
(40) Properly ground garbage shall
mean the wastes from the preparation, cooking, and dispensing of food that have
been shredded to such a degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers, with no particle
greater than one-half (•) inch in any dimensions.
(41) Public Sewer or Public Sewer
System shall mean the sewage system which is owned and/or operated by the Government
of Guam.
(42) Public Water System shall mean
the water system owned and operated by the GWA.
(43) Rates shall mean the monetary
charge established by GWA to be charged for the provision of water and/or sewer
service by GWA to its consumers including, but not limited to, water rates,
sewer rates, monthly minimum charge, service deposits, and installation
charges.
(45) Sanitary Engineer shall mean the
Engineer of the Guam Waterworks Authority assigned to the Wastewater Operations
Division, or any other Government of Guam engineer designated by the General
Manager of the Guam Waterworks Authority.
(46) Sanitary Sewershall mean a sewer
which carries sewage and to which storm, surface, and ground waters are not
intentionally admitted.
(47) Schedule of Rates and Charges is
the entire body of effective rates and charges of GWA.
(48) Service connection shall mean
the main tap, pipe, fittings, and valves, from the water main to and including
the meter and shut-off valve, or, the main tap, pipe that transports sewage
from an individual customer's premises to a common service (normally as
collection main) of collection of GWA.
(49) Service connection permit is
issued to contractors jointly by GWA and GEPA, and is required before such
contractors can construct a sewer service connection. A charge is made to cover
the inspection costs incurred by GWA, and is assessed in accordance with GWA's
Schedule of Rates and Charges.
(50) Service deposit is the charge,
as specified in GWA's Schedule of Rates and Charges which covers the cost of
establishing a new account.
(51) Service disconnectis when GWA
disconnects as a result of customer request, customer non-payment or for any
other noncompliance to these Rules and Regulations.
(52) Service re-connection charge is
the charge as specified in GWA's Schedule of Rates and Charges which must be
paid by the customer prior to re-connection of water and/or sewer service each
time the water and/or sewer service is disconnected at the customer's request
or for non-payment or whenever service is discontinued for failure otherwise to
comply with GWA's rules.
(53) Sewersshall mean a pipe or
conduit for carrying sewage.
(54) Sewer boundary clean out shall
mean a clean out outlet, usually 4" or 6" in diameter, located
between the private property and government property for identification of
responsibilities as well as for easy maintenance.
(55) Single residential customer
service lateral extension is the water main extension designed to serve a
single family residential structure, or, the extension of the branch or side
sewer from the
28 GAR - Public Utilities public sewer main designed to serve a
single family residential structure.
(56) Slug shall mean any discharge of
water, sewage, or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer
than five (5) minutes more than (5) times the average twenty-four (24) hour
concentration of flows during normal operation.
(57) Special reading is performed by
GWA at a customer's request and occurs between cycles. For example, when a
customer is vacating the premises or an indication of unusually high
consumption.
(58) Standards shall mean the current
GWA Standards of Water and Wastewater System Planning, Materials, Construction,
Water and Wastewater Division, Guam Waterworks Authority.
(59) Standard methods shall mean the
examination and analytical procedures set forth in the latest Edition at the
time of analysis of "Standards Methods for the Examination of Water and
Sewage" as prepared, approved and published jointly by the American Public
Health Association, the American Water Works Association, and the Water
Pollution Control Federation.
(60) Subdivider shall mean a person,
or other legal entity, who causes land to be divided into two or more divisions
of land for the purpose of sale, lease rental, transfer of title to or interest
in, any or all of such division and shall include resubdivisions.
(61) Subdivision shall be approved by
the Territorial Land Use Commission and shall mean improved or unimproved land
divided or proposed to be divided into two or more divisions of land for the
purpose of sale, lease, rental, transfer of title to or interest in, any or all
of such divisions and shall include resubdivisions.
(62) Subdivision water system shall
mean the water system, to and within any subdivision, including mains, valves,
hydrants, laterals, pumps, tanks reservoirs, and all appurtenances necessary to
provide water and fire protection for such subdivision, and where necessary,
sources of supply.
(63) Suspended solids shall mean
solids that either float on the surface of, or are in suspension in water,
sewage, or other liquids, and which are largely removable by laboratory
filtering and as determined by the appropriate procedure in "Standard
Methods."
(64) Waste, Sewage or Wastewater shall
mean a combination of the water-carried wastes from residences, business
buildings,
institutions, and industrial
establishments, together with such ground, surface, and storm waters as may be
present.
(65) Wastewater Division shall mean
the Wastewater Division of the Guam Waterworks Authority, Government of Guam.
(66) Wastewater/sewage treatment
plant shall mean any arrangement of devices and structures used for treating
sewage.
(67) Wastewater/sewage works shall
mean all facilities for collecting, pumping, treating, and disposing of sewage.
(68) Water division shall mean the
Water Division of the Guam Waterworks Authority, Government of Guam.
(69) Water service shall mean the
provision of water to a premise or premises from facilities of GWA.
§2103. General Conditions and Service Limitations (a) Any prospective consumer whose
premises are within service limits established by GWA and where pressure
conditions permit, may obtain:
(i) Water service, provided that GWA
has a sufficient water supply developed for domestic use and for fire
protection and can provide new or additional water service without detriment to
those already served.
(ii) Sewer service provided that GWA
has sufficient sewer facilities developed for domestic use to provide new or
additional sewer service without detriment to those already served.
(1) The consumer agrees to abide by these Rules and
Regulations.
(b) All prospective consumers upon
the completion of a government sanitary sewer system shall connect to the
system as soon as possible. It is mandatory by law that they be connected after
a five-year grace period of its existence or upon their private-own system
failure, or whichever comes first.
(c) All prospective consumers upon
the completion of a government sanitary sewer system who cannot meet the
gravity flow to the system should obtain a waiver from GEPA or provide a pump
station with holding tank to prevent sewage from backing up to their facility
or building.
(d) All customers who maintain
private sewer lines, shall have on file with the GWA, blueprints/diagrams of
the customer's private sewer lines up to the point of collection with the
public sewer system.
(e) Where an extension of mains is
necessary, or where large quantities of water are required, or a substantial
investment is necessary to provide service, a current or prospective consumer
will be informed in writing by GWA at time of construction permitting
processing as to the conditions and charges to be made for the particular area
and situation in question before water and/or sewer service may be approved. If
GWA approves the water and sewer service, and the prospective consumer agrees
to the conditions and deposits the estimated charges, steps will be initiated
to provide the requested water and/or sewer service.
(f) All water supplied by GWA will be
measured by means of suitable meters. Privately operated water wells shall not
be exempt from this rule, and shall also require a suitable GWA water meter.
(1) When it is impractical to meter
the service, a flat rate may be charged, or other method of computation applied
to calculate charges subject to the provisions as set forth in P.L. 22-53,
Sections 12026 and 12027. The amounts to be paid for water and/or wastewater
service shall be in accordance with the rates in effect and shall be as
indicated hereinafter. Rates shown are current rates and are subject to change
upon proper processing of rate changes in accordance with Administrative
Adjudication Law.
(g) All service connections including
the shut-off valve shall become the property of GWA for operation and
maintenance after installation and new connections or disconnections may be
made thereto by GWA at any time. GWA is not responsible for maintenance and
repairs to consumer's pipe as defined in Section 2101.
(h) GWA will exercise reasonable
diligence and care to deliver an adequate supply of water to the consumer, make
every effort to maintain pressure, and to avoid shortages or interruptions in
water service, but will not be liable for any interruption, shortage, low
pressure, high pressure, insufficiency of supply of portability, or any loss or
damage occasioned thereby beyond GWA's control as established under Section
2116 of this rule.
(i) Whenever, in the opinion of GWA
and in the interestof the public, special conservation measures are advisable
in order to forestall water shortage and a consequent emergency, GWA may
restrict the use of water by any reasonable method of control.
(j) GWA reserves the right at any and
all times to shut off water from the mains without notice for the purpose of
making emergency
28 GAR - Public Utilities repairs. Consumers, depending upon a
continuous supply of water, shall provide emergency water storage and any check
valves or other devices necessary for the protection of plumbing fixtures
against failure of the pressure or supply of water in GWA's mains. Repairs or
improvements will be performed and completed as rapidly as practicable and,
insofar as practicable, at such times as will cause the least inconvenience to
the consumer.
(k) Where property is situated at
such an elevation that it cannot be assured of a dependable supply or of
adequate service from GWA's distribution system, the consumer, in consideration
of connection with GWA's system must agree to accept such water service as is
available and to install if necessary, and maintain at his expense a tank and
pump of suitable design and of sufficient capacity to provide an adequate and
dependable supply of water. The consumer shall permit GWA to inspect the
installation for compliance with the Agency's requirements. The consumer shall
install an air gap or other protective devices between the consumer's supply
pipe and the service connection. The consumer shall execute a written release
in favor of GWA for all claims on account of any inadequacy in GWA's system or
inadequacy of water supply to the consumer.
(l) Minimum Water Delivery Pressure.
GWA shall maintain a standard water delivery pressure range of a minimum 20
pounds per square inch (PSI) to a maximum 90 PSI at the customer's meter.
(1) GWA shall not be liable for any
loss, damage, or inconvenience to any person by reason of any increase and
decrease of water pressure when the same is caused by an act of God, drought,
an unavoidable accident, a disturbance or condition of any kind beyond the
reasonable control of GWA or when the same is reasonably necessary for the
repair, maintenance, alteration, or extension of any facility belonging to GWA.
(m) The retail resale of water
received by the consumer is not permitted unless approved in writing by GWA.
(n) Protection of GWA Equipment. All
equipment belonging to GWA and installed upon the consumer's premises, with the
consumer's consent, for measurement, test, check or any other purpose, shall
continue to be the property of GWA, and may be repaired, replaced or removed by
GWA at any time without the consent of the consumer. The consumer shall
exercise reasonable care to prevent damage to meters and other equipment of GWA
upon said premises and shall in no way interfere with the operation of same. No
rent or other charge shall be
paid for
space on the consumer's premises reasonably required by GWA for equipment and
facilities of GWA required for the supply of water and/or sewer service to
those premises.
(1) Any damage to water and/or sewer
mains, service connections, valves, fire hydrants, or other property of GWA
shall be paid for by the person, persons, or organization responsible for the
damage.
(2) The consumer shall be liable for
any damage to a meter or other equipment or property of GWA caused by the
consumer or his tenants, agents, employees, contractors, licensees or
permittee, on the consumer's premises and GWA shall be promptly reimbursed by
the consumer for any such damage upon presentation of a bill therefor. In the
event settlement for such damage is not promptly made, GWA reserves the right
to discontinue water and/or sewer service to such premises.
(3) When a meter or other
appurtenances of GWA is found to have been damaged as result of use for
operation of appliances and appurtenances controlled by the consumer, including
but not limited to damage caused by hot water or steam, emanating from the
premises serviced, chemical or excessive pressure surges, the consumer shall
pay for all costs required to repair the meter or other appurtenances.
(o) Responsibility for consumer's
equipment. The consumer shall at his own risk and expense furnish, install and
keep in good and safe condition all equipment that may be required for
receiving, controlling, applying and utilizing water, and all equipment
affecting the wastewater system, and GWA will not be responsible for any loss
or damage caused by the improper installation of such equipment, or the negligence,
want of proper care or wrongful act of the consumer or any of his tenants,
agents, employees, contractors, licensees or permittee in installing,
maintaining, using, operating or interfering with any such equipment.
(1) Water and/or sewer service may be
discontinued to any consumer whose water and/or sewer system includes plumbing
fixtures, or water containers in any form, or any use, which in the opinion of
GWA may endanger GWA's water supply or sewer service from a public health
standpoint, and in accordance with the provisions contained in Section 2110.
Any such discontinuation of services shall continue until objectionable
installations have been corrected and GWA has been assured that the
objectionable uses and practices will not be resumed.
(2) GWA will not be responsible for
damage to person or property caused by spigots, faucets, valves and other
equipment that may be open when water is turned on at the meter; either when
turned on originally or when turned on after a temporary shutdown.
(p) Provision of service. The
following paragraphs outline customer's and GWA responsibilities.
(1) GWA responsibility. GWA shall be
responsible for providing water to the customer's point of delivery and for the
safe conduct and handling of the sewage after it passes the point of
collection.
(i) GWA may, at its option, refuse
service until the customer has obtained all required permits and/or inspections
indicating that the customer's facilities comply with local construction and
safety standards.
(ii) GWA shall be responsible for
maintaining in safe operating condition all meters, equipment, and fixtures
installed on the customer's premises by the utility for the purpose of
delivering water to the customer.
(2) Customer responsibility. Each
customer shall be responsible for the carriage, control, handling storage, and
distribution of all water furnished by GWA and the maintenance of water and/or
sewer facilities from and beyond the point of delivery in safe operating
condition.
(i) Each customer shall be
responsible for safeguarding all GWA property installed in or on the customer's
premises for the purpose of supplying GWA service to that customer.
(ii) Each customer shall be
responsible for payment for any equipment damage resulting from unauthorized
breaking of seals, interfering, tampering, or bypassing the GWA meter.
(iii) Each customer shall be
responsible for notifying GWA of any equipment failure identified in GWA's
equipment that is installed in or on the customer's premises for the purpose of
supplying water and/or sewer service to that customer.
(3) Continuity of service. GWA shall
make all reasonable efforts to supply a satisfactory and continuous level of
service. However, GWA shall not be liable or responsible for any loss, damage,
inconvenience, or claim of damage attributable to any interruption, shortage,
reduction, or discontinuation of service resulting from:
(i) Any cause against which GWA could
not have reasonably foreseen or made provision for, i.e., force majeure.
(ii) Intentional service
interruptions to perform maintenance, alterations, extension, or make repairs
necessary to eliminate the possibility of harm to the population or damage to
company and/or customer equipment.
(4) Service interruptions. GWA shall
make all reasonable efforts to re-establish service within the shortest
possible time when service interruptions occur.
(i) GWA shall make reasonable
provisions to meet emergencies resulting from failure of service, and GWA shall
issue instruction to its employees covering procedures to be followed in the
event of emergency in order to prevent or mitigate interruption or impairment
of service.
(ii) In the event of national
emergency or local disaster resulting in disruption of normal service, GWA may,
in the public interest, interrupt service to other customers to provide
necessary service to civil defense or other emergency service agencies on a
temporary basis until normal service to these agencies can be restored.
(iii) When GWA plans to interrupt service
for more than eight (8) hours to perform necessary repairs or maintenance. GWA
shall inform affected customers at least 12 hours in advance of the scheduled
date and estimated duration of the service interruption. Such repairs shall be
completed in the shortest possible time to minimize the inconvenience to the
customers of GWA.
(iv) Except for momentary
interruptions due to automatic equipment operations, GWA shall keep a complete
record of all interruptions, both emergency and scheduled. This record shall
show the cause of interruptions, date, time, duration, location, approximate
number of customers affected, and in cases of emergency interruptions, the
remedy and steps taken to prevent recurrence.
(q) Privately owned sewer truck
discharging to public sewer. Bulk discharge of sewage can be accepted at sewage
treatment plants and is subject to a charge as set forth in the Schedule of
Rates and Charges. The user must be registered at the Wastewater Division and
be in possession of a current permit which allows the user access to GWA's
treatment facilities. An authorization permit must be obtained from GEPA and
GWA Wastewater Administration Office. A dumping area will be assigned upon the
approval of the authorization.
(r) GWA shall charge a fee in obtaining
utility clearance as specified in the Schedule of Rates and Charges.
(s) State of Emergency. In accordance
with P.L. 21-134, Section 4, upon the declaration of a state of emergency by
the Governor as the result of disaster that threatens the public water supply,
it shall be considered a petty misdemeanor for any person to use water supplied
by GWA for any unauthorized use. Use of water not pertaining to public health,
safety, and welfare shall not be authorized. Unauthorized use shall include, but
not be limited to:
(i) Washing of motor vehicles,
windows, streets, sidewalks and buildings.
(ii) Irrigation or watering of
ornamental plants, shrubs, flowers, lawns, and golf courses.
(1)
Upon conviction arising from unauthorized use under this Section, a fine of not
less than one thousand dollars ($1,000) nor more than twenty-five thousand
dollars ($25,000) shall be levied. This fine shall be in addition to any other
penalty(ies) imposed by a court.
(2)
The state of emergency shall not exceed a period of fifteen
(15) days, although successive states
of emergency may be proclaimed by the Governor if deemed to be in the public
interest.
§2104. Application for Water and Sewer Service and
Service Re-connection. (a) Each prospective consumer requesting water and/or
sewer service shall submit the prescribed application form duly signed and with
all requested information. Such information shall include, but not be limited
to:
(1) Name or names if for joint
service.
(2) Service address/telephone number.
(3) Billing address/telephone number,
if different than service address.
(4) Name and address of another party
for termination notices. This shall be at the option of the customer.
(5) Address where service was
provided previously.
(6) Date applicant will be ready for
service.
(7) Indication of whether premises
have been supplied with water and/or sewer service previously.
(8) Purpose for which service is to
be used.
(9) Provide documentation that shows
that applicant is owner or tenant of or agent for the premises.
(10) Estimated annual usage (except
for residential applicants).
28 GAR - Public Utilities (11) Map and legal description of the
property to be served.
(12) Such other I.D. as the Agency
may reasonably require.
(13) Business License for commercial
customers.
(b) The consumer shall be responsible
for the payment of all charges for water and/or sewer service at the designated
location(s). Charges will begin when the water and/or sewer service(s) is
established and will continue until due notification from the consumer or until
discontinued by GWA for failure of the consumer to comply with these Rules and
Regulations.
(c) A consumer taking possession of a
property and using water and/or sewer service without having made application
to GWA for water and/or sewer service to such property, shall be held liable
for the water delivered and sewer collected from the date of the last recorded
meter reading. If proper application for water and/or sewer service is not made
upon notification to do so by GWA and if accumulated bills for water and/or
sewer service are not paid upon presentation, the water and/or sewer service
shall be subject to discontinuance without further notice. Further, the
consumer will be committing a theft pursuant to local statutes.
(1) A charge will be imposed for
illegal use of water and/or sewer service.
(d) Any new applicant for service or
any existing customer is required to make a service deposit for each account or
application to cover charges for utility services in accordance with the
service deposit rules as set for in the Schedule of Rates and Charges.
(1) GWA shall issue a nonnegotiable
receipt to applicant for the deposit. The inability of the customer to produce
such a receipt shall in no way impair his right to receive a refund of the
deposit.
(e) Upon discontinuance of services,
GWA will refund the balance of the customer's deposit in excess of unpaid bills
for the services at no interest.
(f) Grounds for refusal of service.
GWA may refuse to establish service if any of the following conditions exist:
(1) The applicant has an outstanding
amount due GWA.
(2) A condition exists which in GWA's
judgement is unsafe or hazardous to the applicant or GWA's facilities.
(3) Refusal by the applicant to
provide GWA with a deposit.
(4) Customer who has been duly served
notice by the GWA, and subsequent to having had the opportunity to be heard by
the
Agency, GWA has established that the
customer is in fact in violation of the GWA's Water and Wastewater Rules and
Regulations.
(5) Failure of the customer to
furnish such service, equipment, rights-of-way, and other pertinent provisions,
as specified by GWA.
(6) Customer refuses to provide or
obtain documentation as required by GWA.
(7) Customer has not completed the
appropriate requirements of the Government of Guam permitting, i.e.,
encroachments, grading, clearing, building, etc.
(g) Service re-connection. GWA shall
make a charge as set forth in the Schedule of Rates and Charges for the
re-connection of water and/or sewer services.
(1) In addition, there shall be a pay
differential for service scheduled by the customer during other than the normal
business hours worked by GWA's service personnel. The differential cost shall
be borne entirely by the customer.
(h) Applicant requesting inspection
and acceptance by GWA of water service connection during other than the normal
business hours worked by GWA's service personnel shall be charged a pay
differential as set forth in the Schedule of Rates and Charges.
(1) Applicant's request for
inspection and acceptance shall be issued by the applicant at least forty-eight
(48) hours in advance. GWA will attempt to schedule a customer at the requested
time. However, GWA does not guarantee that the requested time will be
available. If the requested time is unavailable, the customer will be informed
of alternative available dates.
(i) If sewer service is disconnected
because of fire, reconstruction, demolition, or similar circumstance, the
boundary connection shall be plugged by the owner to prevent damage or failure
to the government line.
(1) During the construction of said
plug, GWA shall have access thereto for inspection purposes and if considered
advisable by GWA, may require an inspector on the job continuously. At no time
shall boundary connection plugs be considered constructed completely until GWA
has been notified and has given proper inspection and approval. If the work is not
approved, it shall be repaired or removed and reconstructed, whichever is
directed by GWA.
(2) All work and materials, including
cost of inspection and testshall be borne by the owner.
(3) If the owner does not construct a
plug to the boundary connection, GWA shall design and construct such plug at
the owner's expense.
§2105. Installation of Water and Sewer Service Connections.
(a) Water Installation. When the
application for a service connection has been approved, such connection will be
installed by GWA at the expense of the applicant, as established under §2109,
and thereafter will be maintained by GWA at its expense.
(1) There shall be one meter for each
water service connection, unless GWA, because of operating necessity, installs
two or more meters in parallel. All meters will be sealed by GWA before
installation and no seal shall be altered or broken except by one of its
authorized employees.
(2) Each applicant for service shall
be responsible for the cost of installing all plumbing from the meter box.
(3) All installation charges shall be
non-refundable contributions to GWA.
(4) Where water service is provided
customers should provide and maintain a private cutoff valve within 18 inches
of the meter on the customer's side of the meter, and GWA shall provide a like
valve on GWA's side of such meter.
(5) The customers with meters of 2
inches or more shall provide an approved meter box at the customer's property
line except when this is not practicable, in which case the meter shall be
installed upon the customer's premises in some convenient location approved by
GWA. This shall not apply to subdividers (see Section 2108).
(6) Where the meter location on the
customer's premises is changed at the request of the customer or due to
alterations on the customer's premises, the customer shall provide and have
installed at this expense all plumbing necessary for relocating the meter and
GWA may make a charge for moving the meter.
(7) The customer's lines or piping
shall be installed in such manner as to prevent cross-connections or backflow.
(b) Sewer Installation. When the
application for a service connection has been approved, such connection will be
installed by a licensed contractor possessing a service connection permit at
the expense of the applicant and thereafter such connection will be
28 GAR - Public
Utilities maintained by GWA at its expense.
The applicant shall indemnify the GWA from any loss or damage that may directly
or indirectly be occasioned by the service connection.
(1) Each applicant for service shall
be responsible for the cost of installing all plumbing up to the service
connection.
(2) All installation charges shall be
non-refundable contributions to GWA.
(3) The customer's lines or piping
shall be installed in such a manner as to prevent cross-connections or
backflow.
(i) In order to provide proper sanitary
protection to GWA's water supply and to comply with the applicable regulations
of GWA, GWA will require that following the effective date of these Rules and
Regulations no cross-connections with other water supplies, or other physical
connections, shall exist, or be installed, located, maintained or operated
which could permit backflow of contaminated water or any other dangerous,
impure, unsanitary, or unpotable substance from the consumer's premises into
GWA's water supply system, except as provided for in the GWA Service Rules and
Regulations.
(ii) Location and inspection of
protective devices. Any device installed for the prevention of backflow as may
be required under these Rules and Regulations, shall, unless GWA approves
otherwise in writing, be located above ground and in such a manner as to be
safe from flooding or submergence in water of other liquids, properly protected
from external damage, freely accessible and with adequate working room for
inspection, testing and repairing. All such devices shall be tested and
inspected internally not less than once annually or more often in those
instances where successive inspections indicate repeated failure. Repairs
replacement of parts, etc. shall be made whenever necessary at the expense of
the consumer. Making annual tests and inspections shall be the responsibility
of the consumer and shall be made by the consumer or other qualified person or
persons in accordance with methods acceptable to GWA. Records of tests and
inspections shall be made on forms prescribed by GWA and a copy of such records
shall be furnished to GWA. Failure of the consumer to make the proper tests and
submission of records may result in GWA's
making the tests, needed repairs and replacements and
charging the costs thereof to the consumer.
(iii) Affidavit of compliance. Upon request of GWA the
consumer shall present an affidavit either certifying to the fact that there
are no connections or other installations of the type prohibited in this Rule
on his premises or describing in detail all conforming and nonconforming
connections or installations.
(iv) Discontinuance of water and/or
wastewater service for non-compliance. Failure on the part of the consumer to
comply with GWA's requirements relative to cross-connections and backflow
prevention will be sufficient reason for discontinuing water service until such
time as the requirements have been met.
(v) GWA shall not be liable for any
injury to persons or damage to property which may result directly or indirectly
from the installation of testing or any device intended to protect GWA's public
water supply from contamination.
(c) Installation charge. The cost of
the service connection shall be paid by the applicant before the connection is
installed. Installation charges shall be based on the cost of such installation
as established by GWA and as set forth in the Schedule of Rates and Charges and
in effect as of the date of the installation.
(d) Water and Wastewater system
development charge. In addition to the installation cost, a water and/or
wastewater system development charge shall be levied against each user who is
for the first time connecting the property into GWA's water and/or sewer system
or connections requiring additional water supplies and sewer service from existing
water and/or sewer services. System development charges shall be based on the
cost of such installation as established and as set forth in the Schedule of
Rates and Charges and in effect as of the date of the installation of water
and/or sewer services.
(1) This service rule pertaining to a
water and wastewater system development charge shall be effective upon approval
and ratification by the Guam legislature, and shall be based on the applicable
portions of Guam Code Annotated, Title 5, Chapter 56.
(e) Consumer's water pipe. The
consumer shall install and connect at the consumer's expense the water supply
pipe to the shut-off valve or outlet installed by GWA. The consumer's pipe
shall at all times remain the sole property of the consumer, who shall be
responsible for
28 GAR - Public Utilities its maintenance and repair. If the
consumer's pipe is installed before the service connection is set, GWA will
make the connection to it provided, however, it is requested by the consumer prior
to the installation of the service connection.
(f) Connection to main. Only
employees of GWA or licensed contractors under the supervision of GWA will be
allowed to connect or disconnect the service connection to or from GWA main.
Contractor connections, however, must be approved by GWA.
(g) Location of service connection or
main. No service connection or water and/or sewer main will be installed by GWA
in any private road, lane, street, alley, court or place, until such private
streets are open to the public and brought to proper grade and GWA is given
proper easements for the main or service connection. Such easement shall
provide permanent and continuous access for repair and maintenance of GWA
facilities. Otherwise, an applicant desiring water and/or sewer service to
property fronting on such private roads, lanes, etc., must extend his supply
pipe to the nearest public street on which a main exists.
(1) Private lines shall have clean
outs at least 100 apart for maintenance purposes.
(h) Size and location of water meters
and water and sewer service connection. GWA will determine the location and
size of all meters and service connections to its system. Factors to be
considered may include but are not limited to the nature of the service, the size
and location of the building or buildings to be served and the location of the
property and buildings with respect to the mains. All water meters shall be
installed in the sidewalk area, preferably in the concrete sidewalk, unless
GWA, because of operating necessity, installs the meters elsewhere. Drawings
and standards for typical water meter and water and sewer service installations
are shown in the Standards of GWA.
(i) Change in location or size of
service connections. When the proper size of service connection for any
premises has been made, GWA has then fulfilled its obligations insofar as the
size of the service connection and the location thereof are concerned. If
thereafter the consumer desires a change in size of the service connection or a
change in the location thereof, he shall bear all costs of such change. An
enlargement of service will be approved by GWA only if GWA is able to serve the
increased demand without adversely affecting existing customers on the system.
(1) The customer shall obtain prior
authorization and approval from GWA when a new use is planned for property that
previously has been provided with sewer service shall result in a change in
customer category classification. All costs related to a change in customer
category classification, including inspection, shall be borne by the customer.
(2) GWA may disconnect any water
and/or sewer service line to the customer if sewer service is being furnished
without a proper application or pursuant to an application containing misrepresentation
of material fact.
(j) Alteration to public water and
sewer system. All work and materials in connection with the change in location
or elevation of any part of the existing public water and/or sewer system, made
necessary by the new service connection, shall be at the expense of the
applicant.
(k) Contours or elevation. When
required by GWA, contours or elevations shall be furnished by the applicant,
based on the Coast and Geodetic Survey Vertical Control System for Guam.
Horizontal control shall be tied to the U.S.C. & Geodetic Survey System on
Guam or to recorded local surveys approved by the Department of Land Management
and GWA.
(1) Sewer System. The building
foundation should be at least 12" above the level of road pavement at the
closest manhole and the slope should be no less than 1/4" per foot.
(l) Master Metering. GWA reserves the
right to limit the number of houses or buildings and the area of land to be
supplied by one service connection.
(m) Water and sewer service to undeveloped
areas. Any prospective consumer requesting water and/or sewer service for areas
beyond the service limits or undeveloped areas or tracts of land in which a
distribution or collection system has not been installed are required to
furnish GWA with plans and specifications for the proposed distribution and
collection system for such area or tract which shall conform to the standards
and requirements of GWA. Such distribution or collection system shall be
installed at the expense of the consumer in accordance with the plans and
specifications as approved by GWA.
(1) Each prospective consumer shall
pay the incremental installation expense which reflects each consumer's
responsibility for the water service distribution or sewer collection
installation
28 GAR - Public Utilities charges. The incremental installation
expense shall be so formulated as prescribed in Section 2118.
(2) GWA shall have the right to
connect subsequent consumers to the installed distribution or collection
system. If such water and/or sewer service connections are of a permanent
nature, and installation of said connections are made within five years of the
date the service connection is activated, a refund shall be made applicable to
the original applicant.
(n) Easements and rights of way. Each
customer shall grant adequate easements and rights-of-way to ensure the
customer's proper service connection. Failure on the part of the customer to
grant adequate easement and right-of-way shall be grounds for GWA to refuse
service.
(1) When GWA discovers that a
customer has constructed on an easement or right-of-way and such construction
poses a hazard or significantly interferes with GWA access to equipment, GWA
shall notify the customer of such and take whatever actions are necessary to
have the obstruction removed.
(o) Developers and Subdivision owners
who have installed water pump stations whose sole purpose is to serve a
particular development or subdivision, and consequently have no excess capacity
to serve customers beyond the boundaries of said development or subdivision,
shall be required to maintain their own pump station(s) and force main(s) in
proper working condition to the satisfaction of GWA.
(p) Sewer services for commercial
establishment with restaurant or food processing facilities must install grease
traps prior to discharging into the public sewer system. Such establishments
without effective grease traps shall be subject to termination by GWA of water
and/or sewer services.
(1) New applicants for sewer service.
Prior to application for a building permit, applicants for sewer service shall
be required to include in the building plans, the location of all grease traps.
(2) Existing sewer service customers.
Existing customers shall be required to install grease traps within three
months of the effective date of GWA's Service Rules and Regulations as noted in
Section 2123.
q. All costs and expenses incident to
the installation and connection of sewer pumps installed by the customer to the
28 GAR - Public
Utilities public sewer system shall be borne
by the customer. The customer shall indemnify GWA from any loss or damage that
may directly or indirectly be occasioned by the installation of the sewage
pumps.
(1) The cost for the operation and
maintenance of pumps installed by the customer that are connected to the public
sewer system shall be borne entirely by the customer.
(2) GWA shall not be liable for any
injury to person or damage to property that may result directly or indirectly
from the damages resulting from any customer pump malfunction or failure.
(r) Building clean outs shall always be covered unless
there is an emergency to relieve pressure or backup into the building. If in
the event of an emergency and significant discharge occurs, GWA must be
notified in order to administer appropriate action.
(1) It shall be considered an illegal hookup for
customers to discharge or cause to be discharged any storm water, roof runoff,
or any waters from an uncontaminated cooling system, swimming pool, decorative
fountain or pond, into the building clean outs. Such illegal hookup shall be
subject to penalties as determined by GWA in accordance with Public Law No.
19-14.
§2106. Illegal Connection. (a) When an illegal connection
is discovered, such action shall constitute theft, and the responsible party
will be processed in accordance with local statutes, specifically Public Law
19-14, Section 9, wherein it states, "...such theft shall be prosecuted in
the same manner as any other theft, with the criminal penalties as provided by
the law." The responsible party shall be responsible for reimbursing GWA
for its services in accordance with the Schedule of Rates and Charges.
(b) It shall be considered an illegal
hookup for any customer to discharge or cause to be discharged any storm water,
surface water, unpolluted industrial process water, roof runoff, subsurface
drainage, or any waters from an uncontaminated cooling system, swimming pool,
decorative fountain or pond, into the public sewer system or any private sewer
system which is connected to the public sewer system.
(c) It shall be theft for any person
to take water from a fire hydrant, except authorized Agency personnel or
persons having written authorization from the Agency, and fire fighters acting
in their official capacity. Illegal use or connection to a fireplug shall be
considered an illegal connection with pipe size based on diameter of the
fireplug.
(1) Any person other than authorized Agency personnel,
or firemen in their official capacity, or persons who have written
authorization from the Agency, who knowingly and intentionally tampers with or
damages water and/or sewer pipes belonging to the Guam Waterworks Authority
with the intent to steal water, tap into the sewer system, or damage the system
shall be guilty of a felony of the third degree, and shall be subject to a
penalty payable to Guam Waterworks Authority as specified in GWA's Schedule of
Rates and Charges, in addition to all other fines, penalties and prison time
allowed by law.
(d) If any illegal hookup is
discovered (including but not limited to illegal hookups by building
contractors), water/wastewater shall be disconnected at that location and may
not be reinstated directly or indirectly for that lot until a penalty
calculated in accordance with Section 2104 of this rule has been paid to the
Guam Waterworks Authority.
(1) The General Manager of the Guam
Waterworks Authority may formulate a payment schedule that consists of a fifty
(50) percent initial payment, with up to three (3) installment payments, to be
repaid with the respective regular bills. A twelve percent (12%) annual interest
shall be assessed on the unpaid balance.
(2) Any person who connects illegally
to any water and/or sewer line may not be granted additional building permits
until any such penalty is paid.
(3) The owner and tenant (if any) of
any lot having an illegal water and/or sewer hookup shall be personally,
jointly and severably liable for all penalties and estimated value of water
used.
(e) It shall be the specific
responsibility of land/home owners and tenants to make sure that there are no
illegal hookups serving the property, and to correct the situation hereinafter
provided, or, if caught, to pay the requisite penalty for the estimated
water/wastewater usage for up to four (4) years.
(1) GWA shall determine the estimated
value of the water/wastewater usage by the illegal connection for a period of
up to four (4) years, based upon the estimated time the illegal hookup was in
place, using average consumption figures for the type of consumption of the
illegal hookup system-wide for all consumers of that class of figures. The
estimated value of usage shall take into account usage of the premises, number
of occupants or users, and size of buildings or area served by such illegal
hookup.
(2) It shall be the burden of the recipient of the
illegal hookup to establish that the illegal hookup was in use for less than a
period of four (4) years or that the estimated usage as determined by GWA is
incorrect.
(f) It shall be considered a felony
of the third degree for any person other than an employee of the Agency acting
in his official capacity to knowingly tamper with any line, valve or meter, or
knowingly damage or cut any line, valve or meter, or tap into any water line
belonging to GWA for the purpose of taking water without the previous written
approval of the Guam Waterworks Authority.
|