[Adopted 10-23-2019]
The purpose of this policy is to provide a credit adjustment to the water account of a customer who has experienced an emergency situation involving the loss of metered water. The excess metered water will have occurred as a result of conditions beyond normal and reasonable control of the customer or other parties responsible for the use, care and maintenance of fixtures and devices that are part of the customer's water service system. Exceptions of this policy shall be approved by the Water Superintendent and the Town Supervisor.
As used in this article, the following terms shall have the meanings indicated:
LEAK
An unintentional water loss caused by a broken service line between the meter pit and the house entry.
The customer is solely responsible for the water delivered beyond the Town's meter. It is the customer's responsibility to promptly discover, stop and report the loss of water. In addition, the customer is responsible for making arrangements to repair or have repaired the fixture or device causing the water loss. Although there is no obligation for the Town of Elma to adjust accounts when the water has been properly metered, it is the desire of the Town to encourage customers to make prompt and permanent repairs and to show consideration for the unusual circumstances by sharing the cost of the excessive billing charges.
A. 
The leak must be verified and repairs inspected by the Water Department.
B. 
The customer must request the adjustment in writing by completing the leak request form. Forms are available at the Water Department office. Required information shall include:
(1) 
Name, service address where leak occurred and account number;
(2) 
Description of leak and date repaired;
(3) 
Copy of repair bill or material receipt;
(4) 
Signature of customer.
C. 
The adjusted consumer's bill shall be calculated as follows:
(1) 
The Town may credit the customer's account per policy for the excess use subject to the following conditions:
(a) 
The meter was operating accurately, and not off an estimated reading;
(b) 
There was no evidence that the excessive use was due to an intentional or negligent act;
(c) 
The house and/or service line is over one year old;
(d) 
The customer has a good payment history;
(e) 
Customer will be responsible for all past-due balances;
(f) 
After being notified by the Town via billing, letter, door hanger, or by any other means, the customer took prompt and reasonable action to ascertain the cause of the excessive use and correct it;
(g) 
The customer took corrective action immediately (within 24 hours), upon discovering or being notified of a leak and provided the Town with proof of repair within 30 days from the billing date for the period in which the water loss occurred;
(h) 
No allowance shall apply to customers taking water for resale.
(2) 
There will be a flat rate of 10% discount given on any unintentional water loss between the meter pit and house entry.
(3) 
(Reserved)
(4) 
Water loss adjustments will be limited to a one-time adjustment, per owner.
(5) 
Granting of an allowance adjustment shall be the sole discretion of the Town.
(6) 
A fee for administrative expenses may be deducted from the adjustment allowance.
(7) 
The Town shall recoup the cost of the water billed to the Town from the Erie County Water Authority and/or assigns, before it allows any adjustment allowance to the customer.
(8) 
The Town is not responsible for the maintenance and repair of the pipe and fixtures beyond the water meter.
(9) 
The customer submitting a request for adjustment shall not pay the bill that is being contested until approval or denial is determined. If determination is made after the due date the gross post will not be added due to the determination period of time.
An adjustment will not be given to cover unintentional water loss after the meter inside of the premises, excess water due to left-on hoses, excessive irrigation, water-power sump pumps or neglect of wear-and-tear items such as toilet flappers, leaking faucets, water-softening systems, humidifiers and any water-distributing device attached to the items.