Rules & Regulations

of American Suburban Utilities, Inc. – Sewer

Approved Public Service Commission of Indiana
904 Commerce Bldg., Ft. Wayne, Indiana 46802

The following Rules and Regulations for the operation of the sanitary sewage disposal service system of AMERICAN SUBURBAN UTILITIES, INC. have been adopted, subject to subsequent amendment, addition, deletion and changes as may be necessary, from time to time, to meet the needs of the Company and shall be a part of the contract with every person who uses the sanitary sewage disposal service supplied by said Company in any of its sanitary sewage disposal service areas, and every such person, by accepting such service, shall be conclusively presumed to have knowledge thereof and to have expressed his consent to be bound thereby.
A copy of the schedule of rates and charges and of the Rules and Regulations of American Suburban Utilities, Inc. shall be on file in each and all of the sewage treatment plants operated by the Company, in the principal office of the Company and the Tariff Department of the Public Service Commission of Indiana, available for public inspection at all such places.

The following words, as used in these Rules and Regulations, have the following respective meanings:

COMPANY means American Suburban Utilities, Inc. and Indiana corporation having its general offices at 904 Commerce Building, Fort Wayne, Indiana 46802, its successors and assigns, said Company being engaged in the business of rendering sanitary sewage disposal service to the public.

CUSTOMER or CONSUMER means any person, firm, corporation or association having an interest, whether legal or equitable, sole or only partial, either as tenant or owner, in any property which is, or is to be supplied with sanitary sewage disposal service by Company; and the words “customers” or consumers” mean all who are so interested.

A LATERAL SEWER is the sewer pipe, owned by Company, located in a dedicated or private utility easement in each parcel of real estate or lot and which accepts sewage from the service lines which connect the said lateral sewers to each structure and delivers the said sewage to Company’s collection system.

A SERVICE LINE is a sewer pipe which accepts sewage from a structure and delivers it to a Lateral Sewer.

A TAP is a fitting owned by the Company and inserted in the Lateral Sewer to which the Service Line is attached.

The SERVICE AREA is a rural area in the State of Indiana for which Company has received a Certificate of Territorial Authority from the Public Service Commission of Indiana to render sanitary sewage disposal service to the public.

SEWER CONTRACTOR is any person, firm or corporation engaged in the sewer contracting business who offers his service to any present or prospective sewer Customer on a per diem, per hour or contract basis.

The Pronoun HIM includes her and, where appropriate, the singular includes the plural; the plural includes the singular and the masculine includes the feminine and neuter. Where applicable HIM includes any corporation, partnership or other entity constituting the Customer.

Rule 1. A contract for sewer service in the form prescribed by Company must be executed by each Customer before Company renders service to the Customer. Thereafter, the Customer executing such contract shall be liable for and shall pay for all services rendered under the terms of said contract unless and until Company shall release him from the terms thereof. All charges for service are the personal liability of the Customer and his moving from one property or location to another does not in any manner effect or limit his liability for charges incurred at a previous location. The Company may discontinue any Customer’s service for failure to pay any unpaid charges transferred from a previous location.

Rule 2. No promises, agreements or representations of any agent, employee or authorized representative of the Company shall be binding upon the Company unless the same shall have been incorporated in all copies of a written contract before such contract is signed by Company.

Rule 3. Unless a contract for sewer service to the premises has been executed, sewage may not be emitted from the premises into Company’s system. Anyone violating this rule shall be required to pay Company its monthly service charge for any month, or fraction thereof, that sewage was emitted from the said premises into Company’s system and to reimburse Company for all expenses incurred by it in terminating such unauthorized use of its system.

Rule 4. The sewage service furnished under any contract between Company and Customer is for the use of the Customer on his designated premises, and shall not, without written consent of Company, be resold or extended by Customer to serve additional lots, premises or improvements.

Rule 5. Sewer service shall be rendered to all Customers of Company on a non-discriminatory basis in accordance with the rates and charges attached hereto, made a part hereof and files with the Public Service Commission of Indiana, or such rates in effect at the time such service is rendered. No change shall be made in the said rates or charges until after such change has been approved by the Public Service Commission of Indiana.

Rule 6. Multiple family users shall pay the prescribed residence fee for each family unit served.

Rule 7. Any contractor, builder or developer shall be liable for the minimum monthly charge from time of connection until notification of occupancy, if such contractor, builder or developer fails to notify Company of such occupancy.

Rule 8. The Company may require a reasonable deposit from the Customer to secure the payment of charges for service. Such deposit shall be an amount approximating the Customer’s minimum charges for two billing periods, unless the charges to the Customer for such periods are expected to be in excess of the minimum, in which case the deposit shall approximate the estimated charge for two billing periods.

Rule 9. Every such deposit held by Company more than six months shall bear simple interest at the rate of four percent per annum, payable annually upon demand or upon termination of service. A receipt will be issued by the Company for each deposit. The deposit plus interest will be refunded when service has been discontinued and all charges for service have been paid in full. Interest shall not be paid after discontinuance of service to the Customer if the Company has made reasonable effort to return the deposit to the Customer. Refund of the deposit and interest will be made upon surrender of the deposit receipt or, in case the receipt is lost, by the execution by the depositor or proper representative of an affidavit sufficient to show that he is the person entitled to the deposit and interest.

Rule 10. Bills for service shall be rendered by Company monthly. Each bill shall be due and payable at the principal office of Company upon receipt. Bills shall become delinquent 15 days after such date. Failure to receive a bill shall not excuse Customer from paying the monthly sewage rate.

Rule 11. The billing period for sewage service shall be a calendar month, and any unused portion of the quantity of service allowed for the minimum charge mat not be transferred or refunded.

Rule 12. To all bills allowed to become delinquent, the Company shall add a deferred payment charge, for each month that such bills is delinquent, on the following basis:

10% on the first $3.00 of the bill

3% on all excess over $3.00

Rule 13. When meters are used, the Company will make an effort to read the meters at least once a month and such reading shall be prima facie evidence of the amount of sewage emitted and shall be the basis of Customer’s bill. If a meter fails to register, or if the Company is unable to gain access to a customer’s property, or otherwise does not obtain a meter reading, the customer shall pay the average rate as shown by the record of previous meter readings. The first charge after a meter reading is obtained shall be so adjusted according to the meter readings.

Rule 14. There will be no abatement of charges in whole or in part by reason of the extended absence of a customer or for any other cause, unless the Company has been notified in writing at its principal office to discontinue service no less than 72 hours before such service is to be discontinued. When service is temporarily discontinued at the request of a customer, a charge of $7.00 to cover the expense of reinstating such service shall be made at the time the service is reinstated.

Rule 15. The Company shall exercise reasonable care and diligence to treat and dispose of all sewage emitted from Customer’s premises. The Company reserves the right to suspend services temporarily for necessary repairs and improvements and will undertake to keep these interruptions at a minimum and notify Customers of impending interruptions whenever possible; but the Company shall not be responsible for any failure or interruptions in service, nor for any loss or damage resulting therefrom.

Rule 16. A Customer’s service may be discontinued by the Company for any of the following reasons:

a. For any tampering or knowingly permitting any tampering with any service line, meter, meter seal or any of Company’s facilities or equipment.

b. For vacancy of property.

c. For failure to pay any bill or charge when it is due.

d. For failure to provide free and non-hazardous access to the property so that representatives of the

Company may take meter readings, make all necessary inspections, maintain, replace, or remove any of Company’s facilities.

e. For violation of any of these Rules and Regulations or any amendments thereof.

f. For placing or permitting any deleterious substance to enter the sewer system that will adversely affect the ordinary treatment of the sewage in the treatment plant after such action has been called to the attention of Customer.

g. For interfering with, damaging or destroying any sewage disposal facilities belonging to Company.

h. For installing new pipe and fittings or altering or removing existing pipe or fittings without a permit from the Company.

i. For permitting any condition to exist bout the premises that causes or might cause pollution of the public water supply.

j. Upon order to do so by the Indiana State Board of Health or by any authority or agency having jurisdiction over such matters; such discontinuance shall not, however, invalidate any contract and Company shall have the right to enforce any contract notwithstanding such discontinuance.

Rule 17. If bills are not paid within 15 days after the due date thereof, a written notice of discontinuance of service shall be mailed to the delinquent Customer or personally delivered to him or a member of his household or left at the address where such service is being rendered, not less than 3 days before the effective date of discontinuance. The said notice shall advise the Customer in what particular he has violated the Rules and Regulations of Company and what action must be taken by him to avoid the discontinuance of his service; provided, however, that, where the Company’s regulating or measuring equipment has been tampered with, or where a dangerous condition is found to exist on the Customer’s premises, service may be shut off without notice of any kind or nature.

Rule 18. Whenever Company has discontinued service to a premises the Customer shall not reinstate such service, nor employ or cause any person to do so without a permit from the Company.
Rule 19. Service, once discontinued, will be renewed by the Company upon application of the Customer when the conditions under which such service was discontinued are corrected, and upon the payment of all charges due from the Customer. Customer shall give Company access to the premises during regular and customary business hours for the purpose of reinstalling a service and Company shall not be required to perform such work at other than customary business hours. A charge of Fifty Dollars ($50.00) may be made to cover the cost of reinstalling such service.

Rule 20. Company shall furnish sewage disposal service to all residents in its service area for residential purposes, on an unmetered basis, but it reserves the right to meter the flow from any residence if it suspects that waste from sources other than residential, or sources not covered by a service contract are being allowed to enter Company’s system. For all customers other than residential, Company shall have the right to install a sewage meter and collect monthly sewage disposal charges, based on the volume of sewage emitted monthly. Where Company’s sewage customers purchase water from other utilities on a metered basis, and agreement has been reached with such utility company for the use of such meter, to determine monthly sewage flow, customer shall make such meter available for reading on a regular basis as prescribed for in Rules 16d and 25.

Rule 21. When meters are used, they will be set or changed on the Customer’s premises after Customer has caused the installation of a meter vault, in accordance with plans and specifications approved by Company. Such vault shall include an access hatch no smaller than 24” square with a locking device. Any refusal by Customer to agree to a meter or meter vault installation or the location thereof, shall, at the option of the Company, be sufficient reason to refuse sewage disposal service to such Customer until such requirements are met. When used, the meter will be furnished by the Company and shall remain the property of the Company at all times.

Rule 22. Ordinary repairs to meters will be made by the Company without expense to the Customer. Repairs to meters made necessary because of Customer’s negligence shall be made by Company, but the cost of such repairs shall be charged to the Customer, and his failure to pay therefor shall subject him to the penalties provided herein for failure to pay service charges.

Rule 23. When metering devices are used to determine sewage flows, Company reserves the right of type and brand selection. A meter will be tested by the Company upon reasonable request of the Customer. If the test shall establish the accuracy of the meter to within 2%, the Company may charge the Customer Twenty-Five Dollars ($25.00) for making the test. The Customer may have a representative present when the meter is tested.

Rule 24. All meters shall be protected from frost by Customer and shall be kept readily accessible for inspection and reading by Company’s representatives.
Rule 25. Properly identified Company personnel shall have access to Customer’s premises at all reasonable times to read meters, to inspect Company’s property, to check for unsafe conditions, and for all other purposes connected with rendering sanitary sewage disposal service.

Rule 26. No Customer shall be allowed to connect to Company’s sewage disposal system until after he has paid the system connection charge required by Company as approved by the Public Service Commission of Indiana. If any person shall do so, Company shall have the right to disconnect such Customer from its system and refuse to connect him to Company’s system until after such system connection charge has been paid and Company has been reimbursed for its expense incurred in disconnecting such person from its system.

Rule 27. All service lines not constructed by Company and all taps or connections to Company’s lateral sewers shall be made only in accordance with plans and specifications approved by Company, and shall include such appurtenances and facilities as Company may require. Any such connection shall be made only under direct authority from, and supervision by, an officer of Company or an employee designated by Company for such purpose. All clean outs or inspection pipes shall be installed at the expense and election of the Customer; however, any cost incurred as a result of Customer not having caused the installation of such facilities shall be borne by the Customer.

Rule 28. No person shall do any form of work on or in connection with lines or facilities owned by Company until he has received a permit from Company to do such work.

Rule 29. A maximum four-hour notice to Company will be required prior to making inspection, said inspection to be made during the Company’s normal working hours. No underground work shall be covered until Company has inspected and approved same. Company shall have the right to charge Ten Dollars ($10.00) for its services in processing each application and making each inspection. Before requesting an inspection or the making of a tap by Company, the sewer contractor shall have the work in such state that the inspection or tap can be made at the scheduled time.

Rule 30. Any repairs or maintenance required to the service line owned by Customer is the sole responsibility of Customer.

Rule 31. All pipe, title and equipment furnished by Company, which may at any time be on or in the Customer’s premises, shall, unless otherwise expressly provided, be and remain the property of the Company and the Customer shall protect such property from loss or damage, and no one who is not an agent of Company shall be permitted to remove such property or tamper therewith. All persons are forbidden to cover up or in any way tamper with any manhole or facility owned by Company.

Rule 32. Connections between septic tanks and the Company’s sewer lines shall not be permitted.

Rules 33. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, sub-surface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer. Upon finding any connection to its sewer system in violation of the rule, Company may cause such connection to be disconnected and charge such Customer a reasonable fee for its services and expenses in doing so. Failure to pay such charge within 15 days after the same shall be due shall subject such Customer to the same penalties provided herein for failure to pay service charges.

Rule 34. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into any sanitary sewer:

a. Any liquid or vapor having a temperature higher than 150 degrees F.

b. Any water or waste which may contain more than (208) parts per million, by weight, of fat, oil or grease.

c. Any gasoline, benzens, maptha, fuel oil, or other inflammable or explosive liquid, solid or gas of any type or nature.

d. Any garbage that has not been properly shredded.

e. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing construction to the flow in sewers or other interference with the proper operation of sewage treatment plant.

f. Any waters or wastes having a pH lower than (5.5) or higher than (9.0), or having any other corrosive property capable of causing damage or hazard to structures, equipment, facilities, and personnel of the sewage treatment plant.

g. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.

h. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expenses are required to handle such materials at the sewage treatment plant.

i. Any noxious or malodorous gas or substance capable of creating a public nuisance.

Rule 35. Grease, oil, and sand interceptors shall be provided by Customer when, in the opinion of the Company, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients except that such interceptors shall not be required for private living quarter or dwelling units. All interceptors shall be of a type and capacity approved by Company and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water tight, and equipped with easily removable covers which, when bolted in place, shall be gas tight and water tight.

Rule 36. Where installed, all grease, oil and sand interceptors shall be maintained by the Customer, at his sole expense, in continuously efficient operation at all times.

Rule 37. The admission into Company’s sewers of any waters or wastes having:

a. A five day biochemical oxygen demand greater than (208) parts per million weight, or

b. Containing more than (240) parts per million weight of suspended solids, or

c. Containing any quantity of substance having the characteristics described in Rule 34 or in subparagraph a or b of this Rule 37, or

d. Having an average daily flow greater than two per cent of the average daily sewage flow of the Service Area, shall be subject to review and approval of the Company.

The Customer shall provide, at his sole expense, such preliminary treatment as may be necessary to:

1. Reduce the biochemical oxygen demand to (208) parts per million and the suspended solids to (240) parts per million by weight, or

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in Rule 34, or

3. Control the quantities and rates of discharge of such waters or wastes.

Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Company and of the Water Pollution Control Commission of the State of Indiana and any other required regulatory agency and no construction of such facilities shall be commenced until said approvals have been obtained in writing.

Rule 38. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the Customer at his sole expense, according to methods approved by the Company.

Rule 39. When required by the Company, the Customer on any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Company. The manhole shall be installed by Customer at his sole expense, and shall be maintained by him so as to be safe and accessible at all times.

Rule 40. No statement contained in these Rules and Regulations shall be construed as preventing any special agreement, or agreements, between the Company and any industrial Customer, whereby an industrial waste of unusual strength or character may be accepted by the Company for treatment, subject to payment therefor by the industrial Customer of a rate and/or charge to be determined by the Company, with the approval of the Public Service Commission of Indiana.

Rule 41. The Company shall not be held liable for any failure or delay in performing any of the things undertaken by it under any service contract when such failure or delay is caused by strike, acts of God, unavoidable accident, or other contingencies beyond its control, and in no manner due to its fault, neglect, or omission, nor shall Company be liable for damage caused by interruption in, or failure of service, or by water escaping from piping on Customer’s property.

Rule 42. The Company shall not be liable for the failure, interruption or malfunction, including backup, of its system and service caused by flood, earthquake, high water, war, riot, or civil commotion, vandalism, acts of others, or acts or failure of action of any local governmental authority to enforce or provide proper surface drainage or ditches for surface water run-off, or other circumstance over which Company has no control, where the Company has used reasonable care in installing and maintaining its system in accordance with acceptable standards in the sewer utility business.

Rule 45. All laws of the State of Indiana and Rules and Regulations of the Public Service Commission of Indiana applicable to the rendering of sanitary sewage disposal service in rural areas are hereby incorporated herein by reference.