I. General Provisions

Chapter 03

Sections:

12.0301 Short title.

12.0302 Severability.

12.0303 Effective date.

12.0304 Enforcement.

12.0305 Definitions.

II. Water Service

12.0310 Area.

12.0311 Policy-Classes.

12.0312 Application-Changes in service.

12.0313 Contracts.

12.0314 Credit.

12.0315 Deposits.

12.0316 Notices.

12.0317 Service connections-Meters.

12.0318 Multiple units.

12.0319 Resale of water.

12.0320 High lots.

12.0321 Bills and payment.

12.0322 Disputed bills. 12.0323 Meter error.

12.0324 Discontinuance.

12.0325 Fixing.

12.0326 Temporary service.

12.0327 Pool and tank filling.

12.0328 Fire hydrants.

12.0329 Damage to consumer property.

12.0330 Damage to utility property.

12.0331 Control valves.

12.0332 Cross-connections-Backflow prevention.

12.0333 Pressure regulators.

12.0334 Ground-wire attachments.

12.0335 Water waste-Leakage.

12.0336 Right of entry-Inspections free.

12.0337 Interruption in service.

12.0338 Free service.

12.0339 Ships-Trucked water.

12.0340 Leased well sites.

III. Protection, Development, and Conservation

12.0345 Waste disposal facilities.

12.0346 Surface waters.

12.0347 Pesticides.

12.0348 Land use restriction.

12.0349 Wells.

12.0350 Low groundwater conditions. IV. Rates and Charges

12.0355 Service charge.

12.0356 General quantity rates.

12.0357 Power-cost adjustment.

12.0358 Fire-protection rates.

12.0359 Water development charges.

12.0360 Installation charge.

12.0361 Trucked water.

I. General Provisions

12.0301 Short title.

The rules codified in this chapter shall be known and may be cited as "American Samoa Water Utility Division Rules and Regulations."

History: Rule 11-81, eff 1 Aug 81, Art. 1 § 1.

12.0302 Severability

If any section; subsection, sentence, clause, or phrase of this chapter for any reason is held invalid, such an invalidity may not affect the validity and application which can be given effect without the invalid provision or application.

12.0303 Effective date.

The rules set out in this chapter are effective 1 Aug 81.

History: Rule 11-81, eff 1 Aug 81, Art. 1 § 3. 12.0304 Enforcement.

The general manager, American Samoa water utility division, shall enforce all rules. A finding, ruling, decision or order made, rendered, or issued by the general manager is conclusive. The law-enforcing authorities of the territory, whenever necessary , shall provide assistance in the enforcement of an order issued by the general manager pursuant to this chapter.

12.0305 Definitions.

As used in this chapter, the words set forth in this section mean as follows:

(a) "Applicant" means an individual or agency applying for water service.

(b) "Cesspool" means an excavation in the ground which receives domestic sewage and/or discharges of a drainage system or part thereof, so designated as to retain the organic matter and solids discharging therein, but permit the liquids to seep through the bottom or sides.

(c) "Commercial service" means provision of water to premises where the customer is engaged in trade.

(d) "Credit gallons" means the number of gallons of water received by a customer free each month.

(e) "Cross-connection" means any physical connection between the piping system from the utility services and that of any other water supply, chemical supply, disposal system, or process waters. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary devices, through which or because of which "backflow" can or may occur, are considered to be cross-connections.

(f) "Customer" means an individual or agency of record receiving water service from the utility.

(g) "Date of presentation " means the date upon which a bill or notice is mailed or delivered personally to the customer.

(h) "Developer" means an owner or other person or legal entity with written authorization from the owner who intends to improve or to construct improvements upon his property. The term shall also mean a subdivider.

(i) "Domestic service" means provision of water for household residential purposes, including water for sprinkling lawns, gardens, and shrubbery; watering livestock; washing vehicles; and other similar and customary purposes.

(j) "Fire-protection service" means provision of water to premises for automatic fire protection. (k) "General manager" means the general manager of the water utility division, department of public works, ASG.

(l) "Individual household aerobic treatment unit" means a watertight receptacle which receives the discharge of domestic sewage, and is constructed so as to retain solids, digest organic matter through a period of detention and aeration, and allows the aerated effluent to discharge outside the tank into a subsurface disposal field or seepage pit.

(m) "Injection well" means any excavation that is drilled, cored, washed, driven, dug, jetted or otherwise constructed into the ground for the diversion, injection or disposal of wastewater or other liquid wastes into any underground formation.

(n) "Job order" means ASG standard form GAS STD-15 or its equivalent.

(o) "Mains" means distribution pipelines located in streets, highways, public ways, or private rights-of-way which are used to serve the general public.

(p) "Meter reader" means a person or persons employed by the utility to read meters.

(q) "Pesticides" means toxic chemicals used to control insects, other pests, and unwanted vegetation.

(r) "Premises" means the integral property or area, including improvements thereon, to which water service is or will be provided.

(s) "Rate and fee schedule" means the effective rates, fees, rentals, charges, and rules, as set forth in this chapter.

(t) "Restricted watershed" means an area in which the general manager or environmental quality commission (EQC) finds that the groundwater and/or surface water must be regulated and protected for its best utilization, conservation, and protection in order to prevent threat of exhaustion, depletion, waste, pollution or deterioration by salt encroachment.

(u) "Septic tank" means a watertight receptacle which receives the discharge of domestic sewage, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge outside the tank into a subsurface disposal field or l or more seepage pits.

(v) "Service connection" means the pipe, valves, and other facilities by means of which the utility conducts water from its distribution mains to and through the meter, or to the curb stop.

(w) "Temporary service" means a service for construction work, irrigation of vacant property, and similar uses, steadily or permanently.

(x) "Utility" means the utility division, department of public works, ASG.

(y) "Water development charge" means the fees to be paid by developers and consumers as their share of the water system development costs. (z) "Well" is defined to be, but is not limited to, any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed into the ground for the location, exploration, diversion, or acquisition of any groundwater by natural pressure or artificial means; provided, that if and whenever groundwater is encountered in an excavation for whatever purposes made, such excavation shall be considered a well and subject to this chapter.

History: Rule 11-81, err I Aug 81, Art. 2 § 1.

II. Water Service

12.0310 Area.

The area of water service comprises the area within the boundaries of Tutuila Island and such areas within American Samoa as the general manager designates.

12.0311 Policy-Classes.

(a) Statement of Policy.

(1) The utility will endeavor, so far as is reasonably possible, to deliver a continuous supply of water to the customer at a sufficient pressure at the meter, and to avoid any shortage or interruption in delivery.

(2) If in the opinion of the utility, it is doubtful if satisfactory water service can be given, due to location or elevation of the premises, then the utility may require a written release from liability for any damage or inconvenience that may occur by reason of insufficient or excessive pressure or inadequate volume of water or intermittent supply. The release shall, without further notice from the utility, remain in effect until changes, extensions, or improvements are made to the distribution system by the utility.

(3) The utility shall not be held responsible for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. All Connections, pumps, tanks, chlorinators, filters, pressure reducers, or other appurtenances installed at any point in the line between the meter and the customer's water outlets shall be the sole responsibility of the property owner both as to original installation and as to maintenance and upkeep. Such installations must be approved by the utility.

(4) Nothing in this chapter shall be construed as a contract on the part of the utility to furnish its water for any definite period or as a public utility in respect to any water furnished outside the utility. (b) Quality. The utility will endeavor to supply safe and potable water at all times.

(c) Classes. All services installed by the utility will be classified as follows :

(1) Residential;

(2) Commercial or industrial;

(3) Municipal or public use;

(4) Public fire protection;

(5) Private fire protection;

(6) Flat rate, residential or commercial.

(d) Metering. All services except connections to approved separate fire protection service or to authorized fire hydrants will be metered.

12.0312 Application-Changes in service.

(a) Application.

(1) Each applicant for water service will be required to sign a form provided by the utility setting forth :

(A) the date and place of application;

(B) the location of premises to be served;

(C) the purpose for which the service is to be used;

(D) the size of service;

(E) the address to which bills are to be mailed or delivered;

(F) whether the applicant is an owner of, tenant of, or agent for, the premises;

(G) an agreement to abide by all rules of the utility.

(2) The application is merely a written request for service and does not bind the applicant to take service for any period of time longer than the one upon which the rates and minimum charges of the rate schedule are based; neither does it bind the utility to give service, except under reasonable conditions. (b) Changes in Equipment or Use. Customers making any material change in the size, character, or extent of the equipment or operations utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the utility written notice of the nature of the change and, if necessary , amend their application.

12.0313 Contracts.

Contracts, other than applications, may be required prior to service, under the following conditions :

(1) When construction of special extension facilities is necessary;

(2) For temporary service;

(3) For standby service or fire service;

(4) For connections with other qualified utilities;

(5) For meters 2 inches or larger.

12.0314 Credit.

(a) Establishment. Each applicant, before receiving service, is required to establish his credit by making a cash deposit to secure payment of his water bills.

(b) Reestablishment. To reestablish his credit, a customer will be required to pay all back bills up to the time service was discontinued. He will be required to pay a reconnection charge and make a cash deposit as described in 12.0315.

12.0315 Deposits.

(a) Establishment of Credit. The amount required to establish credit for service shall equal twice the estimated average of the periodic bill, but shall not be less than $25.

(b) Unpaid Accounts. Deposits prescribed in this section may be applied to unpaid bills for water service when such service has been discontinued. The utility will require the customer to pay all outstanding bills and redeposit the specified amount before rendering water service again. (c) Refund. This deposit, less the amount of any unpaid water bills, will be refunded, without interest, on discontinuance of service or after a year's time if the customer has been prompt in settling his water bills.

(d) Exemptions. The requirements set out in this section for deposit shall not apply to property owned by the federal government or ASG, nor to service to other utilities or religious or charitable institutions, at the option of the utility.

12.0316 Notices.

(a) To Customers. Notices from the utility to a customer will normally be given in writing and either delivered or mailed to him to his last known address. Where conditions warrant and in emergencies, the utility may resort to notification either by telephone or messenger.

(b) From Customers. Notices from the customer to the utility may be given by him or his authorized representative in writing:

(1) at the utility's operating office;

(2) to an employee of the utility; or

(3) to an agent duly authorized to receive notices or complaints.

12.0317 Service connections-Meters.

(a) Service Connections. The utility will furnish and install a service of such size and at such location as the applicant requests, provided such requests are reasonable; the service will be installed from its water distribution main to the curbline or property line of the premises which may abut on the street, on other thoroughfares, or on the utility right-of-way or easement up to 40 feet from the water distribution main. Charges for new service are payable in advance and shall be fixed at actual cost determined by the general manager and performed on a job order basis.

(b) Metering.

(1) Meters will be installed at or near the curb or at the property line, at the determination of the utility, and shall be owned by the utility.

(2) No rent or other charge will be paid by the utility for a meter or other facilities, including housing and connections, located on a customer's premises. (3) All meters will be sealed by the utility at the time of installation and no seal shall be altered or broken except by one of its authorized employees or agents.

(4) Only duly authorized employees or agents of the utility will be permitted to install a service connection from the utility's main to the customer's premises.

(c) Change in Location. Meters or services moved for the convenience of the customer will be relocated at the customer's expense. Meters or services moved to protect the utility's property will be moved at the utility's expense.

(d) Changes in Meter Size. Permanent changes in the size of meters on existing services will be made at the expense of the customer.

(e) Ownership. The service connection, whether located on public or private property, is the property of the utility and the utility reserves the right to relocate, repair, replace, and maintain it, as well as to remove it upon discontinuance of service.

(f) Maintenance. The service connection, including the meter and the meter box, will be repaired and maintained by the utility at its expense, but the utility is not responsible for the installation and maintenance of water lines beyond the end of its service.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 9; and Rule 10-83, eff 3 Aug 83, § 1.

12.0318 Multiple units.

(a) Individual Services. Separate premises will be supplied through individual service connections.

(b) Multiple Units.

(1) Separate houses, buildings, living or business quarters on the same premises, under a single control or management, may be served at the option of the applicant by either of the following methods :

(A) Through separate service connections and individual meters to each or any unit; provided that the pipeline system from each service is independent of the others and is not interconnected.

(B) Through a single service connection to the entire premises, on which only 1 service charge will be applied.

(2) The responsibility for payment of charges for all water furnished to combined units supplied through a single service connection must be assumed by the applicant.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 10(A, B). 12.0319 Resale of water.

No customer shall resell any of the water received by him from the utility, nor shall such water be delivered to premises other than those specified in his application for service.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 10(c).

12.0320 High lots.

Existing vacant lots which are above the service limit for the area may be served, provided:

(1) only 1 single-family home is constructed on the lot;

(2) the elevation of the first floor of the home is at least 60 feet (measured vertically) below the spillway elevation of the supplying reservoir for the area. Where a floor elevation is less than 60 feet below the spillway elevation of the reservoir, a receiving tank with air gap, in accordance with the utility's requirements, and a pump shall be installed. The customer shall permit the utility to inspect the installation for compliance with utility requirements;

(3) The prospective consumer enters into an agreement with the utility agreeing to accept such water service as the system is able to provide and to hold the utility harmless for all claims on account of any inadequacy of water supply.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 10(D).

12.0321 Bills and payment.

(a) Billing.

(1) Meter readings: Meters will be read at regular intervals for the preparation of regular bills and as required for the preparation of opening bills, closing bills, and special bills.

(2) Billing period: Bills for water service will be rendered monthly or bimonthly.

(3) Opening and closing: Both opening and closing bills will be for not less than the minimum period charge or service charge for the type of service rendered.

(b) Payment.

(1) Periodic bills are due and payable on presentation. Payment may be made at the revenue division of the ASG or to an authorized collector or collection station.

(2) Closing bills, if service is to be discontinued, are due and payable on presentation. Collection will be made at the time of presentation. (3) Fifteen days will be allowed after bills are mailed before service is discontinued for nonpayment.

(4) When bills are delinquent, the utility may demand that the full amount of both delinquent and current bills be paid in full.

(c) Separate Meters, Separate Charges. Each meter on a customer's premises will be considered separately and the readings of 2 or more meters will not be combined unless the utility's operating convenience requires the use of more than 1 meter, or of a battery of meters. The minimum monthly or bimonthly charge or service charge for such combined meters will be based on the diameter of the total combined discharge areas of the meters.

12.0322 Disputed bills.

Should the customer dispute the correctness of a bill for utility water service and not pay it within 15 days after presentation, the utility will notify the customer in writing:

(1) that in lieu of paying the disputed bill he may deposit with the utility the amount claimed due by the utility;

(2) that checks or other forms of remittance so deposited should be made payable to the American Samoa Government-Treasury-Water Utility;

(3) that upon receipt of a deposit, the general manager will investigate the matter, advise both parties of his findings, and dispose of the deposit in accordance therewith.

Where a meter cannot be read without undue difficulty because of an obstruction, the customer will be notified and requested to correct the condition. The utility has the right to discontinue the service if the condition is not corrected. Where service is turned off for such cause, the utility may require payment of a turn on charge before restoring service, or render an estimated bill;

(4) that service will not be discontinued pending the outcome of the general manager's investigation provided that subsequent bills are paid or deposited with the utility;

(5) the failure of the customer to make such deposits within 15 days after the date of notification will warrant discontinuance of his service without further notice.

12.0323 Meter error.

(a) Test. (1) Prior to installation, each meter will be tested and no meter found to register more than 2% fast or slow under conditions of normal operation will be placed in service.

(2) On customer request:

(A) A customer may, giving not less than 1 week's notice, request the utility to test the meter serving his premises.

(B) The utility will require the customer to deposit, on a job order basis, an amount to cover the reasonable cost of the test, as set out in the rate agreement of the utility.

(C) This deposit will be returned if the meter is found to register more than 2% fast. The customer will be notified, not less than 5 days in advance, of the time and place of the test.

(D) A customer shall have the right to require the utility to conduct the test in his presence, or in the presence of his representative.

(E) A written report giving the results of the test will be shown to the customer within 10 days after completion of the test.

(b) Adjustment of Bills.

(1) Fast meters : When, upon test, a meter is found to be registering more than 2% fast under conditions of normal operation, the utility will refund to the customer the full amount of the overcharge based on corrected meter readings for the period, not exceeding 6 months, that the meter was in use unless the exact duration of fast-meter registration can be determined.

(2) Slow meters:

(A) When, upon test, a meter used for domestic or residential service is found to be registering more than 25% slow, the utility may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding 6 months, that the meter was in use.

(B) When, upon test, a meter used for other than domestic or residential service is found to be registering more than 5% slow, the utility may bill the customer for the amount of the undercharge based upon correct meter readings for the period, not exceeding 6 months, that the meter was in use.

(3) Nonregistering and unreadable meters: The utility may bill the customer for water consumed while the meter was not registering or not readable. The bill will be at the minimum monthly meter rate or will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.

The opinion and findings of the general manager shall be conclusive.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 13. 12.0324 Discontinuance.

(a) Nonpayment of Bills.

(1) A customer's water service may be discontinued if a bill is not paid within 15 days after presentation. The service will not be discontinued, however, until the amount of the deposit made to establish credit for that service has been fully absorbed.

(2) A customer's water service may be discontinued if water service furnished at a previous location is not paid for within 15 days after presentation of a bill.

(3) If a customer receives water service at more than I location and the bill for service at any 1 location is not paid within 15 days after presentation, water service at all locations may be turned off.

(b) Unsafe or Nonconfoffi1ing Apparatus, Booster Pumps.

(1) The utility may refuse to furnish water and may discontinue service to any premises where apparatus, appliances, or equipment using water is dangerous, unsafe, or not in confoffi1ity with any laws or rules. All customer-installed booster pump installations shall be approved and inspected by the utility prior to operation by the utility. The utility does not assume responsibility for operation or maintenance of such booster pump nor guarantee flow or pressure resulting therefrom.

(2) The utility does not assume liability for inspecting apparatus on the customer's property. The utility does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use.

(c) Detriment to Others.

(1) The utility may refuse to furnish water and may discontinue service to any premises where the demand is greatly in excess of past average or seasonal use, and where such excessive demands by 1 customer are or may be detrimental or injurious to the service furnished to other customers.

(2) The utility may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.

(d) Fraud and Abuse. The utility shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud or abuse.

(e) Noncompliance. The utility may, unless otherwise provided, discontinue water service to a customer for noncompliance with any of the provisions of this chapter if the customer fails to comply with them within 15 days after receiving written notice of the utility's intention to discontinue service. If such noncompliance affects matters of health and safety, and conditions warrant, the utility may discontinue water service immediately.

(f) Customer's Request. (1) A customer may have his water service discontinued by notifying the utility reasonably well in advance of the desired date of discontinuance. He will be required to pay all water charges until the date of such discontinuance.

(2) If notice is not given, the customer will be required to pay for water service for 2 days after the utility has learned that customer has vacated the premises or otherwise has discontinued service.

(g) Restoration-reconnection Charge. The utility may charge such sum as it deems necessary for restoring water service which has been discontinued.

12.0325 Fixing minimum service charge.

The minimum service charge for each residential or commercial service within the utility service area shall be fixed by the utility from time to time.

12.0326 Temporary service.

(a) Obtaining. Temporary service and/or water for construction may be obtained by making arrangement for such service with the general manager.

(b) Charges. Charges for water furnished through a temporary service connection shall be at the rates set in the utility rate schedule.

(c) Fire Hydrants. If temporary service is supplied through a fire hydrant, a peffi1it for the use of the hydrant shall be obtained from the utility. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of spanner wrench designed for this purpose. The hydrant valve shall not be used for throttling or regulating the flow rate. Fire hydrants shall be opened, closed, and operated in strict conformity with instructions of utility personnel.

12.0327 Pool and tank filling.

When an abnoffi1ally large quantity of water is desired for filling a pool or for other purposes, arrangements must be made with the utility prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the utility facilities and if other consumers are not inconvenienced.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 17. 12.0328 Fire hydrants.

(a) Use and Damage. No person or persons, other than those designated and authorized by the department of public safety, or by the utility, shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this rule will be prosecuted according to law.

(b) Moving. When a fire hydrant has been installed in the location specified by the proper authority, the utility has fulfilled its obligation. Cost of such installation shall be borne by applicant. If a property owner or other party desires a change in the size, type, or location of the hydrant, he shall bear all costs of such charges, without refund. Any change in the location of a fire hydrant must be approved by the proper authority.

(c) Damage Liability. Any damage to a fire hydrant, and the consequent resulting loss or damage to property, or any injury to persons arising from or out of the damage to fire hydrants, shall be paid for by the person or legal entity responsible for the damage.

(d) Maintenance of Private Hydrants. The consumer shall, at his own expense, test periodically and maintain in good and, safe working condition all private hydrants under his control and not under the jurisdiction of the utility.

12.0329 Damage to consumer property.

The consumer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment utilizing water, and the utility shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care, or wrongful act of. the customer or of any of his tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating, or interfering with such equipment. The utility shall not be responsible for damage to property caused by spigots, faucets, valves, and other equipment that are open when water is turned on at the meter, either when the water is turned on originally or when turned on after a temporary shutdown.

12.0330 Damage to utility property.

The customer shall be liable for any damage to a meter or other equipment or property owned by the utility which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees, or permittees including the breaking or destruction of locks by the customer or others on or near a meter and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The utility shall be reimbursed by the customer for any such damage promptly on presentation of a bill.

12.0331 Control valves.

(a) The customer shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from the service.

(b) The operation by the customer of the curb stop or valve in the meter box is not permitted.

12.0332 Cross-connections-Backflow prevention.

(a) Cross-connection Prohibited. Unprotected cross-connections between the public water supply and any unapproved source of water are prohibited.

(b) Backflow Protection Required. To comply with public health rules, the utility will require the installation of approved double check valves or other approved backflow-protection devices by and at the expense of the customer before service will be granted under any of the following conditions:

(1) Where another source of water supply is connected to the utility water system. If the customer agrees to remove all pumps and piping necessary for the utilization of this supply, the installation of backflow-protective devices will not be required;

(2) Where saltwater, or water otherwise polluted, is available for industrial or fire- protection purposes;

(3) Where the premises are or may be engaged in industrial processes using or producing process waters or liquid 'industrial wastes, or where the premises are or may be engaged in handling sewage or any other dangerous substance;

(4) Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water-using or water-treating equipment, or storage tanks and reservoirs.

(c) Plumbing Changes Required. In special circumstances, when the customer is engaged in the handling of especially dangerous or corrosive liquids, or industrial or process waters, the utility may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow-prevention devices. In making plumbing connections the customer shall be guided entirely by local building codes and not by the utility. (d) Relief Valve Required. As a protection to the customer's plumbing system a suitable pressure relief valve must be installed and maintained by him, at his expense, when check valves or other protective devices are used. The relief valve shall be installed between the check valves and the water heater.

(e) Backflow Protection on All Lines. Whenever backflow protection has been found necessary on a water supply line entering a customer's premises, then any and all water supply lines from the utility's mains entering such premises, buildings or structures shall be protected by an approved backflow device, regardless of the use of the additional water supply lines.

(f) Interstreet Main Flow Protection.

(1) Two or more services supplying water from different street mains to the same building structure or premises through which an inter-street main flow may occur, shall have a standard check valve on each water service to be located adjacent to and on the property side of the respective meters.

(2) Such check valves shall not be considered adequate if backflow protection is deemed necessary to protect the utility's mains from pollution or contamination, but the installation of approved dual backflow devices at such meters shall take the place of, and satisfy the requirement for, standard check valves.

(g) Inspection and Maintenance.

(1) The double check valve or other approved backflow-protection devices may be inspected and tested periodically for watertightness by the utility.

(2) The owner of any premises on which or on account of which check valves or other protective devices are installed, shall inspect these devices for watertightness and reliability at least every 3 months. The devices shall be serviced, overhauled, or replaced whenever they are found defective and all costs of repair and maintenance shall be borne by the customer.

(h) Discontinuance of Service. The service of water to any premises may be immediately discontinued by the utility if any defect is found in the check valve installations or other protective devices, or if it is found that dangerous, unprotected cross-connections exist. Service will not be restored until such defects are corrected.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 22(A-H).

12.0333 Pressure regulators.

Where reduced or increased pressure is desired the customer shall be responsible for installing and maintaining the necessary regulators, pumps, and relief valves. In such cases, the equipment shall be installed on the customer's side of the meter and at his own risk and expense, in such a manner as not to endanger the water system.

History: Rule 11-81, eff 1 Aug 81, Art. 2 § 22(1). 12.0334 Ground-wire attachments.

All individuals or business organizations are forbidden to attach any ground wires to any plumbing which is or may be connected to a service connection or main belonging to the utility; the utility will hold the customer liable for any damage to its property occasioned by such ground-wire attachments.

12.0335 Water waste-Leakage.

(a) Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the utility may discontinue the service if such conditions are not corrected within 5 days after giving the customer written notice.

(b) The consumer has sole control of the amount of water drawn from the utility's mains through the meter and is responsible for maintenance and repairs to pipes and fixtures beyond the meter. No allowance will be made for loss of water due to faulty fixtures or broken or damaged water pipes beyond the meter; provided, however, that if and when it appears that such loss or leakage has occurred without negligence upon the part of the consumer, an allowance may be made by the utility to the extent of such loss.

History: Rule 11-81, eff I Aug 81, Art. 2 § 24.

12.0336 Right of entry-Inspections free.

(a) The utility or its duly authorized agents shall at all reasonable times have the right to enter or leave the customer's premises for any purpose properly connected with the service of water to the customer.

(b) Any inspection or recommendations made by the utility or its agents on plumbing or appliances or use of water on the customer's premises, either as the result of a complaint or otherwise, will be made without charge.

12.0337 Interruption in service.

(a) The utility shall not be liable for damage resulting from an interruption in service. Temporary shutdowns may be resorted to by the utility for improvements and repairs. Whenever possible, and as time permits, all customers affected will be notified prior to such shutdowns. (b) The utility will not be liable for interruption, shortage, or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by electric power outages, electric power supply malfunctions, accident, act of God, fire, strikes, riots, war, or any other cause not within its control. The utility, whenever it finds it necessary or convenient for the purpose of making repairs or improvements to its system, shall have the right temporarily to suspend delivery of water and. it shall not be liable for any loss or damage occasioned thereby. Repairs or improvements will be implemented as rapidly as is practicable and, so far as possible, at such times as will cause the least inconvenience to the customers.

12.0338 Free service.

No. water and no water service shall be furnished to any customer free of charge except the utility and as provided in 12.0340.

12.0339 Ships-Trucked water.

(a) Ships. The port administration will be responsible for watering ships through meters provided at the wharves. The port administration will be billed regularly by the utility for water passing through these meters.

(b) Water trucked to individual homes by the utility will be done at the discretion of the utility on a job order basis.

12.0340 Leased well sites.

A standard lease agreement on water supply sources is available from the utility, department of legal affairs, or the office of Samoan affairs. Lessees may receive credit gallons per month as specified in the lease.

III. Protection, Development, and Conservation

12.0345 Waste disposal facilities. (a) All plans proposing construction of the following waste disposal facilities must have the written approval of the general manager:

(1) Sewage disposal systems:

(A) Cesspools;

(B) Septic tank system;

(C) Individual household aerobic units;

(2) Sanitary landfills;

(3) Refuse disposal dumps;

(4) Sewage treatment plants;

(5) Stabilization ponds;

(6) Any other wastewater disposal facilities.

(b) Injection or disposal wells are prohibited.

(c) The general manager may, at his discretion, withhold his approval if there is any basis to expect that the operation of the proposed waste disposal facility and any wastewater there from may to any degree affect the quality and/or quantity of water resources used or expected to be used for domestic water.

(d) If the general manager proposes to withhold his approval, he shall inform the applicant of those facts and reasons upon which his refusal is based and will afford the applicant an opportunity to be heard before taking action.

12.0346 Surface water.

The subject of surface waters shall be governed by the appropriate and applicable federal and territorial statutes, rules, regulations, directives, and, standards as currently exist and as may, from time to time, hereafter be amended.

12.0347 Pesticides. (a) Any person planning to use pesticides on lands within a restricted watershed must obtain written approval from the general manager in addition to any other approval or permit required by law. Restricted watersheds include but may not be limited to the following areas:

(1) Tafunafou Wellfield watershed;

(2) Malaeaimi Wellfield watershed;

(3) I1li' ili Wellfield watershed;

(4) Malaeloa Wellfield watershed;

(5) Aasufou-Aoloaufou basin;

(6) Faga'alu Catchment watershed;

(7) Fagatogo Catchment watershed;

(8) Utumoa Catchment watershed;

(9) Lauli'ituai watershed;

(10) Aua-Afono Road watershed.

(b) The general manager may prohibit or restrict the use of pesticides in any area when there is a reasonable basis to expect the pesticide will affect the quality of water resources used, or expected to be used, for domestic water.

(c) If the general manager proposes to prohibit or restrict the use of pesticides in an indicated area, he shall inform the users of pesticides in the area of those facts and reasons upon which his prohibition or restriction is based, and afford the users an opportunity to be heard before taking action.

12.0348 Land use restriction.

(a) Whenever applications for any land use activity within the watersheds serving the utility, whether permitted or not by territorial agencies, are submitted to the general manager for his review, the general manager shall investigate the effects the proposed use may have on water resources.

(b) The general manager may recommend disapproval, within, 30 days, if he finds for any reason that the proposed activity could affect water resources and may be a detriment to .the water resources used or expected to be used for domestic water. (c) If the general manager recommends dis;1pproval, he shall inform the applicant of those facts and reasons upon which his disapproval is based and shall afford the applicant an opportunity for informal hearing before the general manager prior to making a final decision.

12.0349 Wells.

An application for drilling any new well to develop water, modifying, recasing, or changing the use to other than originally practiced or approved of an existing well from which water is to be drawn, or reusing for water-development purposes any well which has been unused for a period of 5 years or more, shall be made to the general manager in writing signed by the owner and shall include all pertinent information as is required by the general manager.

12.0350 Low groundwater conditions.

(a) "Caution" low-water condition exists:

(1) at anytime during the period in which 3 or more of the groundwater head levels at the facilities listed in Schedule I, under subsection (f) of this section, fall below the levels designated in column A of that schedule for such facilities;

(2) whenever chloride content rises 12 parts per million but less than 16 parts per million over 3 consecutive months at sufficient sources to hamper operations.

(b) The general manager may at any time during a period in which a caution low-water condition exists:

(1) inform its customers and the public that a caution low-water condition exists;

(2) conduct an intensive public appeal for water conservation through the mass media;

(3) institute voluntary irrigation or other water-use schedules to reduce water consumption;

(4) send letters to large consumers and other private well operators asking them to cut back their usage.

(c) "Critical" low-water conditions exist:

(1) at anytime during the period in which 3 or more of the groundwater head levels at the facilities listed in Schedule I, under subsection (f) of this section, fall below the level designated in column B of that schedule for such facilities;

(2) whenever chloride content rises 16 parts per million or more over 3 consecutive months at sufficient sources to hamper operations.

(d) The general manager may at anytime during a period in which a critical low-water condition exists:

(1) declare that a critical low-water condition exists. A critical low-water condition shall continue to exist once it is declared by the general manager until such time as the general manager declares that the condition is terminated;

(2) implement mandatory restrictions within the scope of this chapter;

(3) punish offenders within the scope of this chapter;

(4) set allotments per billing period for each class of the utility's consumers.

(e) The general manager shall, at regular intervals during which a declared caution or critical low-groundwater condition as provided in this chapter is in effect, report to the director of public works or Governor of American Samoa the status of the head and chloride levels of the utility's facilities, the weekly average of daily pumpage, the effectiveness of the restrictions and allotments in force, and such other information which the director of public works or Governor may desire from time to time to evaluate the status of the low-water condition and make modifications to the restrictions and allotments imposed.

(f) Schedule I. Low Water Conditions

Column A Column B "Caution" Low- "Critical" Low-water water Bimonthly Conditions Conditions

Observation Well Facility Depth from Ground to Water Level (feet)

1 81.2 83.8 2 84.3 85.4 3 83.8 84.6 4 85.6 86.6 5 87.4 88.3 Lepuapua 148.1 150.7 Ill'ili 213.3 214.2

History: Rule 11-81,eff1 Aug 81, Art. 3, § 6.

IV. Rates and Charges

12.0355 Service charge.

There shall be a service charge as follows:

Monthly Bimonthly (a) All meter sizes $2.00 $4.00 (b) Flat rate 2.25 4.50.

History: Rule 11-81, eff Aug 81, Art. 4 § 1; and Rule 10-83, eff 3 Aug 83. § 2.

12.0356 General quantity rates.

(a) In addition to the service charge for all water drawn there and charged:

Residential Commercial Monthly Per 1,000 Gallons (1) For the first 20,000 gallons $0.80 $0.85 (2) Over 20,000 gallons 0.90 0.85. or Bimonthly Per 1,000 Gallons (3) For the first 40,000 gallons $0.80 $0.85 (4) Over 40,000 gallons 0.90 0.85

(b) Flat rates shall be eliminated. However, until all residential flat rate customers are metered, in addition to the service charge, flat rates shall be charged: Residential Commercial Monthly (1) First tap $22.75 $44.50 (2) Additional tap 1.25 each 1.25 each or Bimonthly (3) First tap $45.00 $90.00 Additional taps 2.70 each 2.70 each.

(c) The following each count as a tap: commode, shower, hose bib, sink, washing machine, a pair of hot-cold faucets or vaiki.

(d) ASG facilities are liable for commercial industrial rates in all circumstances.

12.0357 Power-cost adjustment.

Rates per 1,000 gallons shall be increased by $0,01 per 1,000 gallons for each $20,000 or fraction thereof by which electric power cost. to the water utility exceeds $400,000. Flat rates shall be increased $0.40 for the first outlet and $0.05 for each additional outlet.

History: Rule 11-81, eff 1 Aug 8.1, Art. 4 § 3.

12.0358 Fire-protection rates.

(a) These rates apply to services used exclusively tor fire-protection purposes, including automatic fire sprinkler services connected to alarm systems, fire hydrants, and wet standpipes which are protected against theft, leakage, or waste of water and to which no connections or usage of water for other purposes are allowed.

(b) For each application for new service, based on the size of the pipe ...connecting the fire-protection service with the street main, there shall be a 1-time charge as follows:

Connecting Pipe Size (inches) One-time Charge 2 $ 600 4 1,000 6 1,200 8 1,700.

(c) For existing services with monthly charges, the rates shall be as follows:

Connecting Pipe Size (inches) One-time Charge 2 $ 6.00 4 11.00 6 14.00 8 20.00.

(d) No charge will be made for water used through these services for fire-protection purposes. Any water lost through leakage or used in violation of the Water Utility Rules and Regulations applicable to this type of service shall be charged at the general quantity rates.

12.0359 Water development charges.

Water development charges shall be levied against all new developments requiring water supplies from the water utility's system or additional water supplies from existing water services. Developers shall pay the water development charges before water services are made available to the developer. Development charges will be negotiated on a job order basis between the developer and the water utility. Water development charges shall be levied against all developments excepting those where the developer installs, at his cost, a complete water system including source, pipeline, and storage facilities.

12.0360 Installation charge.

Installation charges shall be levied for the installation of service and/or meter connections. The charges based on the costs of installing service and meter connections shall be determined by the general manager and performed on a job order basis. Applicants shall pay the charges before service and/or meter connections are installed.

12.0361 Trucked water.

Water trucked to individual homes by the water utility will be done at the discretion of the utility on a job order basis.