PUEBLO OF ACOMA LAWS 2003 (2015 SUPPLEMENT) (2019)
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PUEBLO OF ACOMA LAWS 2003 (2015 SUPPLEMENT)
TITLE 20
UTILITY AUTHORITY
This Supplement includes laws enacted since the Pueblo of Acoma Laws 2003
pursuant to Tribal Council Resolutions dated January 1, 2013 through December 31,
2014.
Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20-A
PUEBLO OF ACOMA LAWS 2003 (2015 SUPPLEMENT)
TITLE 20
UTILITY AUTHORITY
These laws may be cited by Title, Chapter, Section and Year
as "Section or § _- -_ Pueblo of Acoma Laws 2003 (2015 Supplement)”
Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20-B
PUEBLO OF ACOMA LAWS 2003 (2015 SUPPLEMENT)
TITLE 20
UTILITY AUTHORITY
TABLE OF CONTENTS
Chapter Page
1. General Provisions ou... cccesccccccsesscccscccessceessecuecessscasecusccaesssusecsecsaessseavesagess 20-1
20-1-1 Title and Date... cccsscccseccscecseccesceessecscessescusecsaseeeees 20-1
20-1-2 PUIPOSG..............cceccsessseseesseeeceeecceeceeeuseseessssssausuesuaeceseseececeessaeeaaas 20-1
20-1-3 0) | (0) ee 20-1
20-1-4 JUFISGICHION o.oo eee ceeseccceeccccsceccuseccescecsssceeseecusessesceceaseseaeess 20-1
2. Definition Of Term ........ ccc eccccccccssceccccscusecccssececsseceusessceseussccssaascceeueessceees 20-1
20-2-1 GENES Al 0... cccecccceeccccusssccesececccsecevesecuacccseseceuseecueeeravecenenceess 20-1
A. APPUrteNnaNCe ............c.cceeessssssssseseececeseccecescscusscsssesssevenes 20-1
B. Collection Lines 0.0.0... ec ceecccccesccccceecccceececesseesceecs 20-2
C. COMMUNIY 000.0... eeccccccccccceccecececceeeesccessseecstssassascescesens 20-2
D. Of o) a (0) (0) 20-2
E. COTU To k=) (0) oe 20-2
F. Customer Classifications .............0cccccccccecececccceeeesseeceeseuees 20-2
1. Residential oo... ec ceccccseseccccceccccccrecccecesceessaeners 20-2
2. Small BUSINESS .0....... ccc cceesececcccccesscceccesaeeesens 20-2
3. Small Commercial ............... cece esssecccceseccceecesccseaeecees 20-2
4. Large CommercCial......................:c:ccccseeseessesseseseseseseees 20-2
5. Public Authority ............ccccccesssseescesecessssseseeseessens 20-2
G. LOTTE) (0) 0 t=) ce 20-3
H. Customer LINES .00..... cece ccseccccescccccececcccenseseceaessceecs 20-3
I. Distribution System LineS .............cccccsccccccesssececceesseseeeees 20-3
J. Garbage 2.0... eecesccccessssssssececcesevecsesecssssssecesersnscesceenteas 20-3
K. DiP@CtOr 2... eccccccesesccscusccccuscccuseececsececsseuasesecsueessss 20-3
L. ce 20-3
M. On-Site Sewage Treatment and Disposal System .......... 20-3
N. Off-Reservattion 0.0.0... ccccccccceccccccscccccecesseseccssueececceueneeseecs 20-3
O. Oo) g-) (0) re 20-3
P. REQUIATION «00.0... ec cee ccecesessseesestenssssstensesseeeessesesenenseesans 20-3
Q. Utilities and Solid Waste Services ...................ccecceccceeeeeee 20-4
R. Utility Authority... cece ecccesesessssessssessrsssaeseseeseoeseeees 20-4
S. Utility Authority Board ............. ccc ccccecccccccseeceneeesseseeees 20-4
T. VONGOS 0... cece cceeeccesecccssccusccusccessccscctsecsecccesscesseeseceeecenes 20-4
U. Shall, May................ccccccceeseesscescuessssecssecsseccessuseveseseeeserees 20-4
V. STO: le | 20-4
W. Public Utilities 00. ccceecceccesccateccessccesccnaveeegss 20-4
3. Utility Authority Board... ec scssssesssseeeececesssscuenseeeeesesseeaeneeeeseceeesessenseeas 20-4
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Page 20 - i
20-3-1 Establishment sccidusscesscesssetecnatl eset ssnscvossves totessorecsbevsersditbvies
20-3-2 Mission Statement
20-3-3 Organization, Authority and Appeal of Any Decision.................. 20-5
20-3-4 Initial Organization
20-3-5 Board Composition
20-3-6 Powers: & DutieSsiciccisesscinvsnbensncoars
20-3-7 Payment to the Utility Authority Board... cece eeeeeeeeees 20-7
20-3-8 Conflict of Interest... ccc cccececeeeceeeeceeeeeeeeteerneeeeeeeeneeeeeenenes 20-7
Utility Authority - Operation s cciasecesssaassreccerecresneasennsoneassaesosventiossespeessavennevenes 20-7
20-4-1 SEWVICES PLOVIdE wssveissssseersrcneensvestesssenssvesseedstesvonavtvardensoassenaee 20-7
20-4-2 Water Services... ecceccecteeeeecsnreeeeneessnteessseeessseesneesenseeeeea 20-7
20-4-3 Wastewater Service .........0 ccc eecececeeceeeeeeenteeeeeeeeenteeeesneeeeseeees 20-7
20-4-4 Garbage Services .........cecceecceceneeeeeeeeeteeeeneeeeseeeesneeesseeenseeeeenaee 20-8
20-4-5 Future S@vices scssssscsesonssesamuserennsaanscserserneerancoomemmecsareess 20-8
20-4-6 Maintenance: SChedu le sisessissswevenseercesexsorsemeavalsduvesaavendeaveswavectoes 20-9
20-4-7 Customer Complaints & Right to Request a Hearing.................
20-4-8 Emergency Notification .........0 cee eeseesseeeeesseeeeeneees
20-4-9 Limits of Responsibility
20-4-10 INSPECHONS iy ssssseneccssncsseregeeasrnened lumanelmirvanmeanmsnstenmermmnieevans
20-4-11 DISTUPLION Of SCIVICE wicrcratcesoceercccolagaacbanetveassacasenesinilads Mittin
20-4-12 POPrMits .00.... cece ceseeeseeseecssseesseeeseeesneeeees
20-4-13 Water Shortage — Services Preference
20-4-14 Unnecessary Waste of Water ........... cc eeeeesceeeeeeeneeeeneeeenee
20-4-15 Conservation of RESOUICES ssiicccsesssrwedtanssreraresssacevermmmaercnsecne
20-4-16 New, Customer SeIvies vo.ivseecwrinereectdsanssrevereraneveneslrscans canes
Customer Obligations .........0..cceccececeeseeeteeeeeeeeeeseneeesneseeseeeeneeeneeeeneeeeena 20-13
20-5-1 Conditions for Services, PayMent ...........c cee cece eesseeteeeeees 20-13
20-5-2 Reading of Meters .:sscsssesscisad ioensenctildevarbcoarnernresnssennaens 20-13
20-5-3 Maintenance; Repairs; Liability 0.0.0.0... ee cece eseeeeereeee 20-13
20-5-4 MLR T StS eccssccscesecrsnmarssanceecenmendtleuadld Mp vebmasesenlonveasy aavepsapaenen 20-13
20-5-5 Account Adjustment 2.0.0.0... ceccecceeseeeeeeeeeeeeeeeeeetsaeeeesenaaeess 20-13
20-5-6 Customer Termination of Service; Abandonment...................
20-5-7 Water Shortages A tiscsiastannamiemiowumins
20-5-8 Large Users of Water.
20-5-9 Inspections...
20-5-10 Permits ...........008
20-5-11 Cross-Connectione........
20-5-12 Solid Waste Containers ...
20-5-13 Use of Sewerage SySteM...... cece cecceeseesteeesertecesseeestseesiseenees
20-5-14 Unauthorized Disposal ..............:cceecceeceeseeteeeeeeeseseeeeesenneseeneenes
20-5-15 Toxic Waste Disposal ..........
20-5-16 Pretreatment Requirements
ekevsie itera ll (evoete ite lp 2] || ac [eeeteeeete esc nntec See etre Reet nnre ear ican ern eerrreerse reer te 20-17
20-6-1 Fee Schedule Establishment ssscesescccevesseevedeaans wcrseawecsmmasoereaee 20-17
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Page 20 - ii
20-6-2 Public HEAring............ccecccccceeeeeceeccececeeeeeneeeueeeessneesseeensaneneeaas 20-17
20-6-3 Notice to CUStOMES...............cccccecccceseccseeeeeeecceeeeeaueesenseereuseessens 20-17
20-6-4 Monthly Statement 20.0.0... eee eceeeeeeeeeeesercreaeeeeeeeeeeneeneneaeas 20-17
20-6-5 Due Date ooo... cc ccccceeecccceseecceenecceueecneccesecceneeeeaeesenseeeseeneeesees 20-18
20-6-6 Past Due Payment 0.0.0.0... ccccccceteeeeeseseeessseeneeeseeeeeeeeeeeees 20-18
20-6-7 Delinquent ACCOUNTS ...........e ese ecceceecceceseseeseeeeeseaeesesaeseaaneeeeees 20-18
20-6-8 Notice of Delinquency ...............cccceeeeeeccceseeereceeeeneeeeresssuseanenesens 20-18
20-6-9 Deposits ..........ccceeesesececesecccececeeseecesecceseeceeesssusesssssesereeeeeneaneees 20-18
20-6-10 Responsibility for Tenants.................. cece eeeeseesssesesseeeeeeeseeeeeeees 20-18
Discontinuance and Restoration of ServiCe........... eee eeceeneeeeeseeeeeseneaeeeees 20-19
20-7-1 Fraudulent Use... ccc ccccccssscccseseeescceeseceeneceeneeeeneeeaeeeeneees 20-19
20-7-2 Dangerous Conditions.............. cc ceesceseeeeseenseeneeeeeseeereereees 20-19
20-7-3 Misuse or Misapplication of Service ......... ee eee cece ccc ee eee e eens 20-19
20-7-4 RESAlO oo... cccccecccssscececeuseeeceeeensecsseeeseseeseesauseeeseneeecessenereees 20-19
20-7-5 Meter Tampering................cccccccceccccesesesseeecceecneeuseeeeceteeessuaeueeaes 20-19
20-7-6 Right Of Entry .0........ ee eeeeceeeeeeesenenreeeeeereesesesseeeeuscneeneeeeeeees 20-20
20-7-7 Discontinuance for Non-Payment .................ccsescccccesseeseeeeeennens 20-20
20-7-8 Notice of Discontinuance of Services.................ccceccesseeseeeeeeenes 20-20
Enforcement; Fees; Sanctions ..............ccc cc ccccceccccescceeceeececeeceesessseeseseesesenes 20-20
20-8-1 Authority and Enforcement.................ccccccccccceccceceeceneeesereeeeeeees 20-20
20-8-2 Attachment to Customer's Property ................cccecccceseseeeeeneeeees 20-20
20-8-3 Fee SCHEdUleS .............c.ccccecccecccccssceneesescceeeessesaeeeeseeeeeseeeeeneeaeas 20-20
20-8-4 Sanctions AuthoriZed ...............ccccccccccccessseeceeseseseceeseneeeseeeeeeeeaas 20-20
20-8-5 Sanctions Guidelines ...............ccccccccccccsseseceeceseeeeceeceansaeeeeseseeas 20-21
Miscellaneous ProviSiOns ................ccccccccsssssccecesscecseeeccausseceeuseeeecuseeeesseceseeeas 20-22
20-9-1 Validity, Severability ................... ec cccccescseceececeeeeeeeeeeeeeeeeeeeeeeneeess 20-22
20-9-2 AMONAME NMS .............:cccccccceseccecccnseccccesseceaeeeceseeeecesaeseseeeueeeeenees 20-22
20-9-3 Suspension Of Tariff .......... cc ccccccccereennenteeeeeteeeteeeteeeetenees 20-22
20-9-4 Sovereign IMMUNItY «0.00... ceeeeeseeeseceeceeenenaneeeeceeseesoneneeaaaas 20-22
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Page 20 - iii
APPENDIX
Appendix
A. User Fee Schedule
B. Service Fee Schedule
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
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Page 20 - iv
Chapter 1.
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20-1-3
20-1-4
Chapter 2.
20-2-1
PUEBLO OF ACOMA LAWS 2003 (2015 Supplement)
TITLE 20
UTILITY AUTHORITY
Origins: Enacted by Tribal Council Resolution No. TC-
NOV-14-13-Vla.
Annotations: In 1997, pursuant to Tribal Council
Resolution No. TC-JUL-16-97-3A, the Pueblo of Acoma
Tribal Council enacted the initial Utility Authority Board. In
2009, pursuant to Tribal Council Resolution No. TC-NOV-
05-09-Vla, the Pueblo of Acoma Tribal Council combined a
number of governmental functions into a single agency
known as the “Acoma Public Works Utility Authority.” The
2013 resolution reaffirms the 1997 and 2009 resolutions
and adopts a Utility and Solid Waste Services Tariff.
GENERAL PROVISIONS
Title and Date. This is hereby titled: Utility & Solid Waste Services Tariff.
This Tariff shall become effective on November 14, 2013.
Purpose. The purpose of the Tariff is to define Customer services and
obligations related to the provision of utilities and solid waste services and to
establish the Fee Schedule for receipt of such services within the Pueblo of
Acoma Reservation.
Policy. it shall be the policy of the Pueblo of Acoma Utility Authority to
operate, maintain and manage the public utilities and essential solid waste
services of the Pueblo of Acoma so that the customers are provided with a
high level of services designed to minimize exposure to adverse conditions
which could negatively impact the physical and environmental health of any
individual or the community. It shall also be the policy of the Utility Authority
that the operation, maintenance and management of the public utilities and
solid waste services shall be carried out through an efficient program and ina
financially responsible, cost effective, and self-sufficient manner.
Jurisdiction. This Tariff is adopted pursuant to the authority granted to the
Utility Authority per Tribal Council Resolution No. TC-NOV-14-2013-Vla.
DEFINITIONS.
Definitions. Unless the context specifically indicates otherwise, the meaning
of terms used in this Tariff shall be set forth in this Chapter 2.
A. “Appurtenances” are the real and personal property owned by the
Utility Authority or the Pueblo located on, near or under the roadways
and streets, such as but not limited to fire hydrants, valves, manhole
Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20 - 1
covers and drains.
“Collection Lines” are those sanitary sewer lines owned, operated and
maintained by the Utility Authority or pueblo by which sanitary sewage
collection and disposal services are provided to customers.
“Community”, for the purposes of this Tariff, shall include, any area
located inside of the exterior boundaries of the Pueblo of Acoma
reservation. Reservation includes all lands held in trust by the United
States for the Pueblo of Acoma.
“Contractor” shall mean any individual, firm or organization which
contracts with the Pueblo, Utility Authority or Customer to provide solid
waste services, utility repairs, design, inspection, reconstruction or
operation.
“Curb Stop” means the underground shut-off valve owned by the
Utility Authority or Pueblo and generally located at the land
assignment line for connection to the customer's service.
"Customer Classifications” include:
1. RESIDENTIAL — Single family detached homes served by
individual services.
2. SMALL BUSINESS -— Any tribal member owned business that
is separately constructed from the tribal members’ residential
home for the purpose of conducting a business.
3. SMALL COMMERCIAL — Any small (served by less than 2”
inch line/meter) retail/industrial, offices, hotels, motels,
shopping centers, or any multiple dwelling units i.e., duplexes,
residences with guest houses, triplexes, four-plexes, apartment
complexes, condominiums, town homes, or mobile homes
served by common meters.
4. LARGE COMMERCIAL —- Any large (served by 2” inch
line/meter or greater) retail/industrial, offices, hotels, motels,
shopping centers, or any multiple dwelling units i.e., duplexes,
residences with guest houses, triplexes, four-plexes, apartment
complexes, condominiums, town homes, or mobile homes
served by common meters.
5. PUBLIC AUTHORITY — Government buildings, hospitals,
schools and other facilities that provide public and quasi-public
services.
Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20 -2
“Customer” means a residential, small business, small commercial,
large commercial or public authority or other organization that uses, is
entitied to use, or is obligated to pay for the use of or provision of
services from the Utility Authority.
“Customer Lines” are the potable water lines, sanitary sewer lines,
and septic systems located immediately adjacent to, inside of, or
under a customer's building, property, or land assignment which are
either connected to utility service lines or are maintained by the
customer separately from utility service lines or otherwise maintained
by the Utility Authority.
“Distribution System Lines” are those potable water lines and sewer
collection lines owned, operated and maintained by the Utility
Authority or Pueblo. For water service, the distribution line includes all
lines/appurtenances up to and including the water meter or curb-stop
valve. For sewer service, this includes the main sewer line to the start
of the property line or land assignment.
“Garbage” shall mean all degradable and non-degradable refuse and
solid waste without economic value that is generated through the
course of normal living by the customers and organizations in the
community, also known as “Solid Waste’.
“Director” shall mean an individual hired by the Pueblo or Utility
Authority Board to oversee and manage the operation(s) of the Utility
Authority.
“Meter” is a device, owned by the Utility Authority, for measuring the
amount of water provided to a particular customer.
“On-Site Sewage Treatment and Disposal System” shall mean
individual or community septic tanks and subsurface drain fields and
associated appurtenances that collect, treat and dispose of liquid
waste generated by customers, also known as “septic systems”.
“Off-reservation” is any area located outside of the exterior boundaries
of the Pueblo of Acoma reservation. Reservation includes all lands
held in trust by the United States for the Pueblo of Acoma.
“Operator” shall mean an individual hired by the Utility Authority to
provide direct day to day operational and maintenance services for the
public water, wastewater and/or solid waste services.
“Regulation” is a rule of law or procedure duly adopted by the Utility
Authority for purposes of implementing the requirements of this Tariff.
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Page 20-3
Chapter 3.
20-3-1
Q. “Utilities and Solid Waste Services” are those basic services
necessary for supporting customer operations, use and
development, including, but not limited to, water, sewer and
garbage collection.
R. “Utility Authority” is the agency responsible for, and authorized to
manage, the water, wastewater and solid waste services of the
Pueblo of Acoma, as established through Tribal Council
Resolution No. TC-JUL-16-97-3A and TC-NOV-05-09-VIA.
S. “Utility Authority Board” is the governing body of the Pueblo of
Acoma Utility Authority. The Utility Authority Board has oversight
and review of all functions conducted by the Pueblo of Acoma
Utility Authority and reports to the Pueblo of Acoma Tribal Council.
T. “Vendor” is any individual firm, contractor or organization who
supplies parts, equipment, supplies and/or services to the Utility
Authority.
U. “Shall” is mandatory. “May” is permissive.
V. “Sewage” shall mean all water-carried wastes or wastewater.
W. “Public Utilities” shall mean all utilities owned, operated, or
managed by the Utility Authority for the Pueblo of Acoma.
UTILITY AUTHORITY BOARD
Establishment. The Pueblo of Acoma Tribal Council, having determined
that comprehensive oversight and regulation of all utilities is of benefit to all
people of the Pueblo, that a Board charged with regular oversight,
management and planning is necessary to carry out these functions and
determines that it is in the best interest of the Tribal Government for the
Pueblo to perform this function hereby creates the Utility Authority Board.
The Utility Authority Board shall have oversight and review of all functions to
be conducted by the Utility Authority.
The Utility Authority is formed exclusively for public purposes to assist the
Pueblo in performing essential governmental functions of developing,
improving, operating and maintaining (1) water systems; (2) wastewater
systems; (3) solid waste disposal systems; (4) electric generation,
transmission and distribution systems; (5) natural gas systems; (6)
telephone and cable television systems; and (7) other related utility
infrastructure (“Utility System’), within and adjacent to the Pueblo of Acoma,
and to engage in any lawful act or activity for which similar entities may be
organized under the laws of the Pueblo of Acoma or at the direction of the
Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20 - 4
20-3-2
20-3-3
20-3-4
Acoma Tribal Council. In order to carry out these purposes, the Utility
Authority is authorized to perform the following functions within the Pueblo
of Acoma Indian Reservation:
A. To develop, improve, operate, maintain and promote existing and new
Utility Systems providing services with the Pueblo of Acoma.
B. To develop, improve, expand, maintain and operate such extensions
of existing and new Utility Systems as are efficient and feasible.
C. To plan for, provide and furnish utility services to all areas of the
Pueblo of Acoma, where such services are determined to be feasible
and economical.
D. To promote the use of utility services where available in order to
improve the health, safety and welfare of the residents of the Pueblo of
Acoma.
E. To operate as a governmental utility authority of the Pueblo of Acoma
and to be responsible to the Board of Directors, the Acoma Tribal
Council and the Office of the Governor.
F. To operate and maintain the utilities of nearby off-reservation
communities that are connected to the main utility systems of the
Pueblo of Acoma, when necessary and authorized by the Utility
Authority Board.
Mission Statement. The Pueblo of Acoma Utility Authority through its, Water
& Wastewater Department and Solid Waste Management Department are
committed to provide safe and reliable utilities services to the community at
an affordable cost, while promoting conservation and efficiency to ensure that
the future generations of the Pueblo of Acoma will inherit a self-sustaining
system that protects cultural resources and quality of life.
Organization, Authority and Appeal of Any Decisions. The Utility Authority
Board shall assume all review of all functions conducted by the Utility
Authority. Moreover, any individual or entity who receives a decision by the
Utility Authority may appeal that decision to the Utility Authority Board.
Decisions of the Utility Authority Board are final. All appeals [ ] to the Utility
Authority Board must be appealed within five (5) business days of the
decision.
Initial Organization. Initially, the Pueblo of Acoma Tribal Council shall be the
Utility Authority Board. However, when Acoma Tribal Council by majority
vote decides otherwise then it shall establish the Utility Authority Board under
the provisions of this section.
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Page 20-5
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20-3-6
Board Composition.
A.
Number. The Acoma Tribal Council, after consultation with the Tribal
Administration, shall appoint not more than five (5) regular members
to the Utility Authority Board from the general public. In addition,
there shall be two additional Utility Authority Board members who
shall serve as ex-officio capacity, with one of the ex-officio members
appointed from Tribal Administration and the other appointed from
Tribal Council.
Terms. Each member of the Utility Authority Board shall be
appointed to serve for a 3 year term, and/or until their replacement
has been approved, which must be no more than 3 months after the
completion of a 3 year term. Utility Authority Board terms shall be
staggered to ensure continuity of a quorum at all Board meetings.
Vacancies. Vacancies shall be filled by the Acoma Tribal Council for
the unexpired portion of the term of service.
Ex-officio Members. In addition to the regular board members
described herein, there shall be ex-officio board members, who serve
but may not vote.
Removal. Any member of the Utility Authority Board may be
removed by the Acoma Tribal Council for neglect of duty or other
good cause.
Powers & Duties.
A.
Officers. The Utility Authority Board shall elect by majority vote for
the positions of Chair, Vice Chair and Secretary. Such elections
shall be conducted annually at the first regular meeting at the
beginning of the New Year. The Chair shall serve as liaisons to the
Tribal Administration and Acoma Tribal Council.
Reporting. In addition to the duties set forth above, the Utility
Authority Board shall report to the Acoma Tribal Council at least
once every 6 months regarding its responsibilities as well as making
such recommendations as are necessary. Moreover, should the
Utility Authority Board seek any change in any tariff or fee charged
for services provided it shall first submit the request as well as the
basis for the request to the Acoma Tribal Council for its review and
comment. Should Acoma Tribal Council disapprove of the proposed
change to the tariff or fee it will not go into effect.
Meetings. The Utility Authority Board shall meet at least once a
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Page 20-6
20-3-7
20-3-8
Chapter 4.
20-4-1
20-4-2
20-4-3
month in order to carry out its duties as set forth herein.
D. Conducting Business. The Board shall establish and approve its
own rules of policies procedure for considering issues that may come
before it.
Payment to the Utility Authority Board. Utility Authority Board members shall
be reimbursed for travel and other necessary business expenses incurred in
carrying out official duties at rates commensurate with those set by the Utility
Authority Board. Moreover, the Utility Authority Board may be paid stipends
at rates comparable to other regional Boards, as determined by Tribal
Council. All expenses shall be paid from revenue raised from tariffs and
fees of the Utility Authority.
Conflict of Interest. Utility Authority Board members shall neither engage in
any activity, nor have any interest or acquire any interest, direct or indirect,
which would conflict or cause a perception of conflict with any manner or
degree with the performance of duties required by their position on the Utility
Authority Board. A conflict of interest occurs when circumstances create a
possibility that a Utility Authority Board member's duty of undivided loyalty to
Utility Authority Board may be compromised. Should a possible conflict of
interest develop for an Utility Authority Board member, he or she shall
determine whether the conflict of interest exists, prepare a written statement
about the potential conflict of interest for filing with the Utility Authority Board
records and shall recuse themselves including, but not limited to abstaining
from voting on any matter that may benefit such member.
UTILITY AUTHORITY - OPERATION
Services Provided. The services provided by the Utility Authority shall include
but are not limited to water, wastewater, solid waste collection and disposal
services. Additional services may be provided upon approval by the Utility
Authority Board.
Water Services. The Utility Authority is responsible to provide safe,
adequate water, for a fee, to those customers connected to the distribution
system lines of the public water system. Responsibility for maintenance will
include water sources, storage tanks, controls, mainlines, valves, hydrants
and service lines up to and including the meter or curb stop only. Individual
customer water meters and curb stops are owned by the Utility Authority and
it is the responsibility of the Utility Authority to maintain the meters and curb
stops.
Wastewater Services. The Utility Authority is responsible to provide sanitary
disposal of domestic liquid waste, for a fee, to those customers connected
to the collection lines of community sewage systems. Further, the Utility
Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20-7
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20-4-5
Authority may, for a fee, provide maintenance, repair and new installation
for on-site sewage disposal systems. Responsibility for maintenance will
include treatment facilities, pumping stations, mainlines and manholes. Onsite sewage treatment and disposal systems are the responsibility of the
customer. The service line from the property/land assignment boundary to
the building and interior building plumbing are the responsibility of the
customer.
Garbage Services. Garbage collection and disposal service shall be
provided by the Utility Authority for a fee, and can be found in the User Fee
Schedule, to residential and commercial customers located within the
exterior boundaries of the Pueblo of Acoma. The Utility Authority may
enter into a contract with a solid waste collection contractor in order to
provide this service to the Pueblo.
Future Services. The Utility Authority is formed exclusively for public
purposes to assist the Pueblo in performing essential governmental
functions of developing, improving, operating and maintaining (1) water
systems; (2) wastewater systems; (3) solid waste disposal systems; (4)
electric generation, transmission and distribution systems; (5) natural gas
systems; (6) telephone and cable television systems; and (7) other related
utility infrastructure (“Utility System’), within and adjacent to the Pueblo of
Acoma, and to engage in any lawful act or activity for which similar entities
may be organized under the laws of the Pueblo of Acoma or at the
direction of the Acoma Tribal Council. In order to carry out these
purposes, the Utility Authority is authorized to perform the following
functions within the Pueblo of Acoma Indian Reservation:
A. To develop, improve, operate, maintain and promote existing and
new Utility Systems providing services within the exterior
boundaries of the Pueblo of Acoma.
B. To develop, improve, expand, maintain and operate such
extensions of existing and new Utility Systems as are efficient and
feasible.
C. To plan for, provide and furnish utility services to all areas of the
Pueblo of Acoma, where such services are determined to be
feasible and economical.
D. To promote the use of utility services where available in order to
improve the health and welfare of the residents of the Pueblo of
Acoma.
E. To operate as a governmental utility authority of the Pueblo of
Acoma and to be responsible to the Utility Authority Board, the
Acoma Tribal Council and Tribal Administration.
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20-4-6
20-4-7
To operate and maintain the utilities of nearby off-reservation
communities that are connected to the main utility systems of the
Pueblo of Acoma, when necessary and authorized by the Utility
Authority Board.
Maintenance Schedule. The Utility Authority shall develop and follow a
regular schedule of maintenance services as prescribed in the Utility
Authority's Integrated Solid Waste Management Plan and Water &
Wastewater Operation and Maintenance Manual for capital assets. A record
shall be kept of all routine maintenance and repairs performed.
Customer Complaints & Right to Request a Hearing. Customers who have
quality of service concerns, are seeking to avoid discontinuance of service,
or have other concerns that they are seeking to have remedied may file a
complaint with the Utility Authority.
A.
Complaints must be initially presented in writing to the Customer
Service Representative/Billing Technician for resolution and action.
If the initial attempt to resolve the complaint is not satisfactory, then
Customers have the right to submit a written appeal to the Director,
if the appeal is made within five (5) business days of the written
decision rendered by the Customer Service Representative/Billing
Technician.
If the appeal is not resolved to the Customers satisfaction, the
Customer has the right to request a hearing by the Utility Authority
Board, if the request is made within five (5) business days of the
written decision rendered by the Director. Until such time as Acoma
Tribal Council designates a separate board of directors, separate
from Acoma Tribal Council, the Acoma Tribal Council will be the
final means to which to resolve any complaints.
Annotations: The Tribal Council has appointed members to
the Utility Board separate from Acoma Tribal Council. See
also §20-3-3 for appeals to the Utility Authority Board.
The Utility Authority Board will meet monthly, if needed, to hear matters
and weigh evidence presented by the Customer(s) and the Director. The
Customer has the right to have a representative at the hearing, to testify,
and to present witnesses. The Customer has the right to examine the
Utility Authority’s records pertaining to the Customer service.
In cases where the Utility Authority has notified a Customer of the Utility
Authority's intent to involuntarily discontinue service and the Customer has
requested a hearing, service will not be discontinued during the hearing
process. In addition, the Customer has the right to a post-discontinuation
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20-4-9
20-4-10
20-4-11
hearing if there was no hearing before discontinuation, if such postdiscontinuation hearing is requested within five (5) business days following
the discontinuation of services.
Emergency Notification. An emergency notification plan will be developed by
the Utility Authority and reviewed annually for notifying customers of:
A. Discontinued and interrupted service for more than eight (8) hours.
B. Substandard conditions in water quality. This includes bacteriological
chemical or physical quality deficiencies.
C. Change in services.
D. Any other conditions which may adversely affect the health of the
community residents or visitors.
E. Water shortages.
Limits of Responsibility. The Utility Authority shall not be responsible for, nor
shall it maintain or repair, any private or domestic water or sewer system or
garbage except by specific agreement establishing fair rates of compensation
to the Utility Authority, and approved and signed contract between the Utility
Authority and owner of such facilities. The Utility Authority shall not be liable
for any loss or damage beyond its control resulting from any defect in, or
damage to, a Customer's water or sewer lines or fixtures, garbage storage
facilities, or hydrants.
Inspections. The Utility Authority, or its authorized representative, is hereby
authorized to make limited, reasonable inspections, at reasonable times, of
any grounds or buildings served by the Utility Authority to the extent
necessary to read meters, to inspect Customer process equipment, to test or
inspect Customer cross connection control equipment, Utility Authority
equipment, and for testing and changing or removal of meters. Utility
Authority staff shall work with designated official in cases where entry and/or
inspection is needed. Except in cases of emergency where life, limb or
property are threatened, or in cases of immediate water shortages, the Utility
Authority shall give the Customer at least 24 hours notice prior to requesting
permission to enter and inspect. If permission to enter and inspect is denied
or impeded in any way, the Utility Authority may terminate service after five
(5) days written notice is given to the Customer. Where the permission to
enter and inspect is unreasonably withheld, the Utility Authority may assess
related expenses and add them to the affected Customer's bill.
Disruption of Service. The Utility Authority may discontinue water, sewage
service or solid waste services to perform repairs, provided that advance
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20-4-13
20-4-14
notice has been given to affected customers. Provided, however, that in
cases of emergencies where loss of life, limb or property is threatened, or in
cases of immediate water shortage, services may be disrupted without
advance notice. The Utility Authority shall not be responsible for consequent
damage as a result of lack of water, sewage and solid waste services or
during authorized disruptions of service.
The Utility Authority shall not be liable for any associated damages or delay
caused by the breaking or leaking of any pipe, valve, fixture or other
contrivance as a result of the lack of water or sewage to or from any mains,
services, hydrants, lines or reservoirs during authorized disruptions of
service.
Permits. No connection, re-connection with, disconnections from, other
private use of any Utility Authority water, sewer system, septic system or
other utility service or facility shall be made without written permission of the
Utility Authority. No construction of any private water or sewer system
including septic systems, or other private utility is authorized without written
permission from the Utility Authority. The Utility Authority may require
construction plans from the permit applicant as it determines necessary to
decide whether or not a permit should be issued. The Utility Authority shall
require a fee for construction permits. All construction and permits issued will
follow the Albuquerque Area Indian Health Service Sanitation Facilities
Construction Technical Provisions 2012 or latest revision.
Water Shortage — Services Preference. In cases of a water shortage
proclaimed by the Utility Authority, the Utility Authority shall regulate the
amount of water any Customer may be allocated. The Utility Authority also
may give preference to the Customers and/or determine amounts of water to
be allocated, provided the Utility Authority allocates water according to
public necessity of convenience, and provides for fair allocations between
Customers. Any Customer violating a legal allocation may have water
service discontinued. Service shall be resumed only upon receipt of
payment of all required and applicable fees and deposits.
Unnecessary Waste of Water. The Utility Authority reserves the right to
terminate Customer's service when the Customer has repeatedly and unduly
wasted water. Such undue waste is evidenced by the fact that hydrants,
taps, hoses and other fixtures are permitted to run continuously without
specific prior approval of the Utility Authority. Where such conditions have
been observed, the Utility Authority, having been notified of the condition,
may terminate water to the premises if the condition is not corrected within
48 hours after receipt of a written notice. Service shall be resumed only after
correction of the condition causing waste of water and receipt of payment of
all required and applicable fees and deposits. (Nothing in this law is to be
construed with affecting, amending, or changing the authority of the Acoma
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20-4-15
20-4-16
Ditch Bosses over irrigation systems. Neither is this law to be construed as
providing any authority of the Acoma Ditch Bosses over the Water &
Wastewater Systems within this law.)
Annotations: Acoma Ditch Bosses, appointed by the Field
Chiefs, are generally subject to traditional law. Crossreference § 1-3-2(c) of the Pueblo of Acoma Laws 2003.
Conservation of Resources. The Utility Authority shall conduct operations,
maintenance and repair services in a manner that will maximize the
conservation of natural, financial, and property resources. Customers of the
Utility Authority shall be encouraged to conserve water resources. The
Utility Authority may offer assistance and service to Customers for water
resource conservation and may provide materials and recovery assistance
as determined to be feasible by the Utility Authority.
New Customer Services. Customers requiring services for any building or
grounds within the service area of the Utility Authority shall apply for services.
Provision of services is contingent upon all of the following conditions being
met:
A. Utility facilities as determined by the Utility Authority are adequate to
meet the additional load. Customers shall provide adequate notice to
the Utility Authority when they are planning to increases load through
expansion.
B. New customers shall apply for utility services on a Utility Authority
application form. One application form shall be completed for each
meter/service line requested to be installed.
C. Facilities have been inspected to ensure that they meet Acoma Utility
Authority standards as established by Section [20-4-12].
D. The Utility Authority reserves the right to reject a request for utility
services where the Customer has an unpaid account or fee with the
Utility Authority. Where a service request is denied due to a unpaid
past due account with the Utility Authority, the Customer shall pay
such account balance in full and pay a deposit to be determined by
the Utility Authority, before service is provided.
E. Customer shall agree to abide by and adhere to this Tariff.
F. Customer provides a copy of land assignment.
G. Customer shall provide payment of all applicable utility fees.
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Chapter 5.
20-5-1
20-5-2
20-5-3
20-5-4
20-5-5
20-5-6
20-5-7
CUSTOMER OBLIGATIONS
Conditions for Service, Payments. As a condition for receiving utility services
from the Utility Authority, the Customer shall comply with all provisions of this
Tariff, and any regulations duly adopted by the Utility Authority as well as any
other applicable codes or regulations, including being current in the payment
of all fees, deposits, costs, damages, or other charges assessed by the Utility
Authority.
Reading of Meters. Reserved.
Maintenance; Repairs; Liability. The Customer shall be responsible for
maintaining and repairing water and sewer lines located on or in the
Customer's grounds or building in compliance with applicable regulations.
The Customer shall notify the Utility Authority in advance of major
maintenance or repairs planned for water and sewer lines. The Customer
shall permit the Utility Authority to inspect the work for compliance with
applicable regulations prior to completion of major repairs. The Customer
shall be liable for any damage to the Utility Authority’s lines, equipment or
other property caused by the Customer or any party performing work on
behalf of the Customer (i.e., Customer's guests, invitees, tenants, agents,
employees, contractors, licensees or permittees or other persons).
Meter Tests. Reserved
Account Adjustments. Reserved
Customer Termination of Service; Abandonment. A Customer planning to
vacate any grounds, building or residence served by the Utility Authority shall
notify the Utility Authority in writing one (1) week prior to the date the
Customer plans to either vacate or terminate service, whichever is later. A
Customer who fails to give notice is responsible for all charges accrued up to
one (1) week after notice is received by the Utility Authority, or up until
service is terminated, whichever comes first. In any event, the Customer
shall be responsible for all charges for utility services through the final meter
reading as of the effective date of termination.
Water Shortages. During water shortages, as determined by Utility Authority,
Customers shall limit the use of water according to allocations established by
the Utility Authority. Vater used for human needs at hospitals, nursing
homes and similar types of facilities are designated as high priority to be
maintained in an emergency. Allocation priorities will address water used for
human needs at other types of facilities such as hotels, office buildings, and
manufacturing plants. The volume of water and other types of water uses at
these facilities will be carefully considered. After reviewing the data, common
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20-5-10
sense will dictate allocation priorities to protect domestic requirements over
certain types of economic needs. The following priority system will be
used:
A. First Priority. Hospitals, health care centers, health care providers and
educational facilities.
B. Second Priority. Domestic water supply, excluding industrial and
commercial uses of public water supply. Domestic use is defined as
use for general household purposes for human needs such as
cooking, cleaning, drinking, washing and waste disposal.
C. Third Priority. Water uses involving consumption of less than 10,000
gallons per day.
D. Fourth Priority. Reserved
E. Fifth Priority. Reserved
Large Users of Water. Before proceeding with the installation of any
equipment which will require the use of large quantities of water within short
periods of time, the Customer shall consult with the Utility Authority for advice
as to the best method of installation and for information concerning the
conditions under which the water will be supplied to the Customer. In
general, the Utility Authority reserves the right to limit the size of service
connections or openings through which service is provided for filling storage
tanks, hydraulic equipment, private fire service, or other classes of service
capable of drawing relatively large quantities of water which could therefore
result in undue fluctuations of pressure in portions of the Utility Authority's
system.
Inspections. The Customer shall not unreasonably withhold permission for
the Utility Authority to enter and inspect the Utility Authority's and Customer's
fixtures, lines and equipment when necessary to ensure that they are
operating in a manner that would not likely disrupt or interfere with the
provision of utility services. The Customer shall be liable for any costs or
related expenses caused by his/her unreasonable withholding of permission.
Permits. A Customer, applicant or any other potential user of utility and solid
waste services shall obtain written permission from the Utility Authority prior
to making any connection, re-connection with, disconnection from, or other
private use of any Utility Authority water or sewer system, appurtenance, or
other utility service or facility. The Customer or applicant shall obtain a
permit approval from the Utility Authority prior to constructing any private
water or sewer system, or other private utility. All fees assessed by shall be
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20-5-11
20-5-12
20-5-13
20-5-14
paid by the Customer prior to construction.
Cross-Connections. The Customer shall not make a cross-connection with
the Public Water supply. A cross-connection is defined as any physical
connection between the Utility Authority or Pueblo water system and another
non-potable piping system either water or waste. Any individual source must
be totally disconnected from the Customer’s plumbing prior to making
connection to the Utility Authority system. Disconnection done solely by a
valve shall not be allowed. In cases where the Utility Authority deems a
backflow prevention device is needed to protect the integrity of the Public
Water supply, the Customer will be responsible for the purchase and
installation of an approved backflow prevention device as determined by the
Utility Authority.
Solid Waste Containers. The Utility Authority shall provide disposal
containers to all customers unless the Customer can provide documentation
that they are under contract with an alternative waste hauling service. The
Customers shall properly maintain the containers and prevent the harborage
of rodents or vermin. There shall be no excessive accumulation of refuse,
garbage or solid waste in the community or around individual Customer sites.
The containers shall be placed at an accessible location identified by
collection personnel. The Customer is responsible for all waste not contained
in the container.
Detailed information concerning Customer responsibilities, safety tips, care of
containers, and other useful information, will be provided to Customers when
they are issued containers, in a document titled Residential Responsibility
Agreement Form. Additional restrictions on what waste may or may not be
dropped off at the transfer station may be included.
Use of Sewerage System. The Customer shall use the sewerage collection,
treatment and disposal system only for the disposal of normal liquid waste
including waste from toilet facilities, shower and bathing facilities and kitchen
facilities.
Unauthorized Disposal. No Customer shall discharge or cause to be
discharged any of the following described liquids or wastes, to any public
sewer:
A. Any substances prohibited by applicable environmental regulations
including, but not limited to, heavy metals, radionuclide’s, volatile and
synthetic organics, petroleum products, flammables or explosives; or if
it appears likely, in the opinion of the Utility Authority, that such waste
can harm or have a deleterious effect on a wastewater facility, have
an adverse effect on the receiving stream, or otherwise endanger life,
limb, public property and/or may otherwise endanger the local
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20-5-16
environment or constitutes a nuisance;
B. Any water or waters with a pH less than 5.5 or greater than 9.5;
C. Any persistent pesticides that have a tendency to concentrate to toxic
levels in non-target organisms;
D. Any solid or viscous substance in quantities or of such size that the
substances are capable of causing obstruction to the flow in sewers or
interfere with the proper operation of wastewater facilities;
E. Unauthorized discharge of storm water, surface water, ground water,
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted process waters.
F. The Utility Authority will provide Pollution Prevention information to
customers to educate them on pollutants of concern and proper
disposal options and make arrangements for receipt of household
hazardous waste so that it is not discarded into sewage and solid
waste systems.
Requests for waivers of requirements will be reviewed by the Utility Authority
and granted or denied based on compliance with regulatory requirements
and impact on wastewater treatment facilities.
Toxic Waste Disposal. All hazardous wastes including bio-hazardous waste
must be disposed of off the Pueblo at a sanitary landfill approved for the
disposal of toxic wastes. Toxic and hazardous waste include but are not
limited to: oil, pesticides, gasoline, organic solvents, paint, poisons and other
manufactured chemical compounds. The Utility Authority will implement a
residential program to allow for periodic disposal of residential household
hazardous waste.
Pretreatment Requirements. The Utility Authority may require the installation
and operation of pretreatment or separation devices and appurtenances at
the expense of the Customer. These devices shall treat or pre-treat effluent
substances to comply with Sections [20-4-10] and [20-4-11] above and in
addition, shall include but not be limited to the following:
A. Any liquid or vapor having a temperature higher than 150°
Fahrenheit; and
B. Any water or waste containing fats, grease, wax or oil, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures
between 32°F and 150° F; and
Pueblo of Acoma Laws 2003 (2015 Supplement)
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Chapter 6.
20-6-1
20-6-2
20-6-3
20-6-4
C. Any water and waste containing high concentrations of dissolved
solids which would cause the wastewater treatment facilities to exceed
stream standards or any discharge standards (if applicable); and
D. Any water or waste containing unusual or excessive discoloration
caused by materials such as, but not limited to, dye wastes and
vegetable tanning solutions; and
E. Any volumes of flow or concentration of waste in excess of the
sewage system's capacity; and
F. Any excessive amounts of detergents or laundry wastes.
FEE SCHEDULES AND BILLING
Fee Schedule Establishment. Fees for utility services shall be developed by
the Utility Authority and can be found in the User Fee Schedule. The User
Fee Schedule may be reviewed and revised annually by the Utility Authority
and Utility Authority Board and shall be submitted for review and approval by
the Acoma Tribal Council. Fees shall be based on the estimated average
annual costs for the provision of all utility services. The User Fee Schedule
may include a basic rate for all services, payment of which shall be required
of each customer regardless of whether or the extent to which the Customer
uses any of the services. The User Fee Schedule may also include other
fees, charges, deposits, and assessments which the Utility Authority is
authorized to levy as provided under various sections of this Tariff.
Public Hearing. The Utility Authority shall hold a public hearing whenever
revisions to the User Fee Schedule are proposed for adoption. Notice shall
be mailed to each Customer and shall specify the time and place of the
hearing and the particular nature of the matter to be considered at the
hearing. The mailing shall be sent to Customers within 30 days but not less
than seven (7) days from the date of the hearing. Following the public
hearing the Utility Authority shall set a fee schedule, taking into consideration
comments received at the hearing. Rate and fees schedules shall be
submitted for review and approval to the Acoma Tribal Council.
Notice to Customers. A copy of the User Fee Schedule adopted by the Utility
Authority shall be provided to each new Customer upon application and shall
be mailed to all existing Customers within 30 days of adoption of revision of
User Fee Schedule.
Monthly Statements. Each month the Utility Authority shall mail to all utility
Customers a statement detailing the following information:
A. The Customer's name; address and account number;
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20-6-5
20-6-6
20-6-7
20-6-8
20-6-9
20-6-10
B. Billing cycle covered;
C. The types and levels of services used in the current month;
D. The billed cost of the current month’s service and any additional
services rendered, plus an accounting of bills or charges past due, if
any,
E. The date the payment is due;
F. Fees associated with non-payment; and
G. The location to mail or deliver payment.
Due Date. The date specified by the Utility Authority, by which payments shall
become due.
Past Due Payments. Payments not received within 30 days after the
specified due date are considered past due. The Utility Authority shall issue
a Notice of Payment Past Due to the Customer, detailing the payment owed
and the consequences for failure to pay. The notice shall be sent no later
than the date the next billing notice is sent out.
Delinquent Accounts. An account shall be considered delinquent if payment
has not been received by the payment past due date specified on the billing
notice.
Notice of Delinquency. The Utility Authority shall notify the Customer in
writing once Customer's account has been determined to be delinquent.
Notice will include a list of the sanctions which may be imposed with and
without further notice. Notice of Delinquency shall be made by mail.
Deposits. The Utility Authority may require that new Customers pay a deposit
as a condition of receiving utility services, per the Deposit Requirements
shown in the Utility Authority's Schedule of Service Fees, Deposit
Requirements, and Discontinuation/Restoration of Services schedule and as
contained herein. Deposits will be returned after the Customer is in good
standing (no service discontinuations for non-payment and no more than
three (3) payment deferral agreements within 12 consecutive months).
Checks will be mailed to Customers for deposit returns when operationally
feasible, however deposits may be utilized to cover delinquent balances,
when determined necessary.
Responsibility for Tenants. Any Customer having tenants, whose supply of
utility services is dependent upon a blanket agreement between the
Customer and the Utility Authority covering all the Utility Authority services on
the premises, shall agree to accept financial responsibility for the full payment
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Chapter 7.
20-7-1
20-7-2
20-7-3
20-7-4
20-7-5
amount, as computed for all separate services.
DISCONTINUANCE AND RESTORATION OF SERVICE
Fraudulent Use. If the Utility Authority detects fraudulent use of any utility by
a Customer, such Customer's service will be discontinued without advance
notice. Services shall not be reinitiated until the Customer has given the
Utility Authority satisfactory assurance that such fraudulent use will be
discontinued and shall have paid the Utility Authority an amount estimated by
the Utility Authority to be reasonable compensation for utilities fraudulently
used or diverted and not paid for, and in addition, shall have a penalty charge
assessed in addition to applicable fees. The Utility Authority reserves the
right to refuse services to any Customer who previously engaged in
fraudulent use of utility services.
Dangerous Conditions. If a dangerous condition is found to exist on the
Customer's premises, services will be discontinued without advance notice.
The Utility Authority shall notify the Customer promptly of the nature of the
dangerous condition. If the Customer does not remedy the dangerous
condition within two (2) business days of being notified, discontinuation and
restoration charges as well as other applicable fees, shall be assessed and
shall be paid prior to reinitiating services.
Misuse or Misapplication of Service. If a utility service is being misused or
misapplied by the Customer so as to cause low pressure or other
unsatisfactory conditions affecting the quality, safety, or continuity of service
to other Customers, the Utility Authority will discontinue such service after
two (2) days of written notice. The Utility Authority reserves the right to
discontinue service without advance notice if the misuse of any utility service
causes a dangerous condition or failure of service to other Customers. If the
Utility Authority is compelled to discontinue service for these causes,
discontinuation fees, restoration fees and other additional fees and deposits
may be assessed and become payable prior to restoration of services.
Resale. If any utility service is resold by the Customer without the written
consent of the Utility Authority, service will be discontinued after two (2) days
written notice and restoration will be made until assurance is given, in writing,
that the service (or commodity) will not be sold again or delivered to any other
party. If service is discontinued for this cause, discontinuation fees,
restoration fees and other additional fees and deposits may be assessed and
become paid prior to restoration of services.
Meter Tampering. Customers who tamper with, interfere with, or break the
seals of meters or other equipment of the Utility Authority will be assessed a
Tampering Fee and shall be subject to discontinuation of services. Customer
shall also be subject to a restoration fee and other applicable fees and
deposits prior to restoration of services.
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20-7-6
20-7-7
20-7-8
Chapter 8.
20-8-1
20-8-2
20-8-3
20-8-4
Right of Entry. Whenever the Utility Authority shall permanently discontinue
utility service; the Utility Authority shall have the right at any reasonable time
after discontinuation, to enter upon the premises and remove the meter and
any other Utility Authority property.
Discontinuance for Non-Payment. The Utility Authority is authorized to
discontinue service after a Customer has been delinquent for two (2)
calendar months from the initial billing date. In cases where the Utility
Authority has notified a Customer of the Utility Authority's intent to
involuntarily discontinue service and the Customer has submitted a written
appeal; service will not be discontinued during the appeal process.
Notice of Discontinuation of Services. Prior to discontinuation of services for
non-payment, the Utility Authority must mail a Final Notice of Discontinuation
of Services a minimum of eight (8) days before discontinuation or must
deliver the Final Notice of Discontinuation of Services a minimum of five (5)
days prior to discontinuation of services. No Notice of Discontinuation of
Services will be required for emergencies or whenever a Customer provides a
bad check (check returned for non-sufficient funds), in an effort to avoid
discontinuation of services.
ENFORCEMENT; FEES; SANCTIONS
Authority and Enforcement. The Utility Authority is authorized by Tribal
Council Resolution No. TC-NOV-14-2013-Vla to collect established fees for
service and to impose sanctions and fees for non-payment. The Utility
Authority shall enforce its regulations, fee collections and provisions of this
Tariff by discontinuing services of any and all violators and delinquent bill
payers or impose other penalties and sanctions as authorized.
Attachment of Customer's Property. The Utility Authority shall not seek to
attach Customer's property, nor seek to have fines assessed by Tribal Court,
except for excessive delinquency or in limited cases of blatant or continued
abuses or destruction of property.
Fee Schedules. The Utility Authority shall develop and adopt fee schedules
which establish specific fees, fines and assessments for violation and noncompliance with the provisions of this Tariff. The fees schedules shall be
reviewed for appropriateness annually by the Utility Authority Board.
Sanctions Authorized. The following sanctions may be imposed by the Utility
Authority for Customer's failure to comply with any provisions of this Tariff or
with any duly adopted regulation of the Utility Authority:
A. Termination of service(s);
B. Assessment of fees based on fee schedules adopted by regulation of
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20-8-5
the Utility Authority;
Assessment of late charges based on a schedule adopted by
regulation of the Utility Authority;
Assessment of damages resulting from the Customer's noncompliance;
Forfeiture of all or part of a deposit;
Filing of a lien against the Customer’s physical property after the
account is declared delinquent if delinquency exceeds $1,500.00;
Transferring the account balance to the account of a new address,
where the Customer is residing, regardless of whose name the new
service is in;
Enforcing a lien by seeking judgment and satisfaction from the
Customer’s property from Tribal Court;
Filing suit for damages in Tribal Court;
Referring violations that may involve criminal conduct to the Tribal
Police or Tribal Prosecutor.
Sanctions Guidelines. The Utility Authority shall use the following guidelines
when considering the appropriate sanctions to be imposed in any given case:
A.
Whether the sanction is required by this Tariff or other applicable law,
or whether imposition is discretionary;
The minimum sanction needed to effect compliance;
The irreparable harm to operation of the Utility Authority and to the
Pueblo, if the sanction is not imposed;
The Customer's past record of compliance or non-compliance, or
good faith efforts to achieve compliance;
The irreparable harm to other persons or property if the sanction is not
imposed; and
The effectiveness of similar sanctions in securing compliance in other
cases.
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Chapter 9. MISCELLANEOUS PROVISIONS
20-9-1 Validity, Severability. The validity of any section, clause, sentence or
provision of this Tariff shall not affect the validity of any part of this Tariff
which can be given effect without such invalid part or parts.
20-9-2 Amendments. The [Tribal Council retains] the authority to amend and
approve this Tariff at any time.
Annotation: Cross-reference §20-3-6 for limitation on Utility
Authority Board’s powers and duties. See also §20-6-2 for
reference to Tribal Council power to review and approve
amendments.
20-9-3 Suspension of Tariff. No employee, officer, contractor or agent of the Pueblo
of Acoma is authorized to suspend or alter any of the provisions of this Tariff
without the formal approval of the Acoma Tribal Council.
20-9-4 Sovereign Immunity. Nothing in this law shall be construed in any way [a
waiver] of sovereign immunity without the explicit written consent of the
Acoma Tribal Council.
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Pueblo of Acoma Laws 2003 (2015 Supplement)
Page 20 - 22
APPENDIX
Appendix
A. User Fee Schedule
B. Service Fee Schedule
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Pueblo of Acoma Laws 2003 (2014 Supplement)
Page 20 — A-i
APPENDIX A
USER FEE SCHEDULE
Meter Residential Small Small Large Publle
Size Flat Rate Business | Commercial | Commercial Authority Tap Fee Dev Fee
(monthly) [(monthty)] (monthly) (S/eal) | (monthly)
Water
15.00]$ 37.50]$ §0.00 I BS 15.00} $ 520.00} 5 1,899.00
; S 600,00/5 3,166.00
Cost § 4,748.50
Cost_ | 5 6,331.00
Cost |S 10,130.00
Cost | S$ 16,144.50
Cost |S 22,159.00
Cost | 5 37,986.00
Cost__| S$ 61,000.00
$ 15.00|$ 520.00|S$ 1,859.00
$ 600.00 {5 3,166.00
Cost |5 4,748.50
Cost [|S 6,321.00
Cost _| $ 10,130.00
Cost S$ 16,144.50
Cost § 22,159.00
Cost S$ 37,986.00
Cost | 5 61,000.00
Solld Waste Septic Tank Pumping
Category Container Amount Amount
Residential - monthly 50 gal $ 15,00 :
Residential (additional can) S0gal_|$ 15.00 four (8) pumrings
Small Business - monthly 90 gal ) 37,50
Small Business (additional can} 90 gal S 15.00
Small Commercial - manthly 90 gal } 50.00 Additional pumpings
Large Commercial - monthly 0 gal |S 75.00 $55.00 per tank
Public Authority - monthly 80 gal S 15.00
Tloping Fee (per load) $10.00 Covered $15.00 Un-covered (No fee with paid bill)
Pueblo of Acoma Laws 2003 (2015 Supplement)
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