THE TOWN OF HARWICH WATER DEPARTMENT RULES & REGULATIONS
SECTION 3 - Charges
3.1 Establishment of Rates
Rates chargeable for water and payable by the consumer shall be determined by the Harwich Board of Water Commissioners as instructed under Massachusetts General Laws Chapter 41 Section 69B.
3.2 Bills Payable
Bills for water service are due and payable upon issuance of the bill. The failure of the consumer or his/her agent to receive notice of their water bill or other related charges does not relieve them from the obligation for payment or from the consequences of nonpayment. All charges are due and payable upon issuance of billing and are past due THIRTY (30) DAYS after the date of the billing. The records of water supplied in the Department shall be sufficient basis for billing and to commence action for nonpayment against present and or consequent owners of record.
3.3 Overdue Charges
Any overdue charge including late fees or interest charges may be collected by any legal means, including a lien on the property or shutting off the water service as an action of contract as provided under the provisions of Massachusetts General Law Chapter 40 Section 42A-42F.
3.4 Payment Plans
Accounts more than two payments in arrears must make payment in full. The payment plan terms are set by the Billing Administrator and approved by the Superintendent.
If an individual is requesting a payment plan, they must not be in arrears more than one calendar year.
If a payment plan is requested after the original billing due date, a late penalty will be assessed to the account.
Payments should not be less than $10.00 unless special permission is granted by the Board of Water Commissioners.
Only one payment plan can be requested in a calendar year. If another payment plan is requested within the same calendar year, the individual must appear before the Board of Water Commissioners for approval.
If the terms of the payment plan agreement are not kept, the plan becomes void and any further payment plan requests made within one year of original date of agreement must be made in writing or before the Board of Water Commissioners.
3.5 Shut-Off for Non-Payment
The Water Department may shut off the flow of water to a property if the water consumer has failed or refused to pay the lawful charges associated with the account. A water shut-off notice will be issued by means of a notice card left at the property and or by certified postal mail directed to the last address furnished to the department giving at least 36 business hours notice as required by law.
If the full balance is not paid within the 36 business hours, the water service may be terminated by department personnel between the hours of eight anti meridian and four post meridian, Monday through Friday. After the service has been shut off, the account will be assessed a reconnection fee to have the water reinstated and any associated administrative costs.
The full balance must be paid in full in cash or Money Order before the water service can be reinstated. If the turn on is requested after regular operating hours, the after-hours rate will be assessed and the balance is to be paid no later than the next business day. If the water cannot be turned off due to special circumstances, a lien will be placed against the property. Special circumstances include but are not limited to; if everyone in the household is over the age of 65, if it is between the winter months of November 15 & March 15, if someone in residence is seriously ill and can provide written proof, or if there are children under the age of twelve (12) months old in the household. The property owner or tenant may at any time appear before the Board of Water Commissioners. The property owner may also appeal a Board’s decision to the Appellate Tax Board within three months of the date hereof pursuant to the provisions of G. L. c. 59, §§ 64 to 65B, inclusive.
3.6 Collection of Miscellaneous Water Charges
All bills for labor or materials on consumer’s property and charges for shutting off or turning on water shall be subject to the same conditions as bills for water.
3.7 No Business with Delinquents
No person who owes an overdue bill for water charges shall be entitled to further use of water at the same or any other premises until such water charges are paid in full, together with costs. Such costs shall include accrued interest and or fees.
3.8 Claims for Adjustments on Bills
All claims for adjustments of water bills shall be made within thirty (30) days of the billing due date. Abatements will be made for clerical errors, misreads or failure of Water Department equipment. Abatements will not be issued for water leaks or high consumption, unless otherwise determined by the Board of Commissioners.
3.9 All Water to be Metered and to be Paid
All water must be metered and paid for whether used or wasted. A minimum charge shall be assessed for water service from the date the water is turned on.
3.10 Leaks
The Department shall have the right to shut off water supplied to any property where a leak EXISTS or BELIEVED TO EXIST. Any such leaks must be repaired and must pass inspection by the Department before water will be restored. In addition, each consumer shall be responsible for the cost of any repairs to any private portions of the water system as well as the cost of water.
3.11 Service Tap Renewals or Replacements
In the event a new service tap is required or requested it shall be considered a service renewal. The customer will be required to pay a tapping fee for each service tap.
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