The Water & Sewer Regulations Review Committee met at the Town Hall Annex’s meeting room on October 23 with the hope of synthesizing some regulations and making them more user friendly to applicants.
Committee members for consecutive weeks have waded through the regulations and some of the October 23 talking points included whether to impose steeper penalties on those who tamper with fire hydrants or public water in general; how to deal with delinquent customers; and the timeframe for when the Water & Sewer Commission should shut off water due to emergencies or delinquent customers.
Right now, the town has a $300 fine for those who tamper with fire hydrants. Per regulations, only fire personnel can tamper with hydrants. WSRRC members said that they know of instances in which landscapers have used hydrants to hydroseed a property. WSRRC members noted whether a more strict penalty should be considered or whether another penalty from water and sewer officials would supersede other ordinances.
Members also discussed enforcement for those whose water encroaches upon other properties or people who use chlorine to treat a public water system or tamper with it in any other way.
Right now, such action is prohibited but there is no enforcement mechanism in place. They deferred those matters to the town’s counsel.
WSRRC members mentioned that there is no interest charged to those who are more than 30 days late with payments but traditionally receive certified letters and after a certain amount of time, the delinquent customer receives a threat and deadline to pay or have the water shut off.
WSRRC members debated the timeline of when a shutoff should begin, especially with an appeals process in place. Members talked about what constitutes a hardship for some customers, which included illness, employment issues or a life tragedy. Members also said that no matter what is finalized, the Water and Sewer Commission would make that determination. However, the committee seeks more information from counsel as to reasonable expectations for a payment plan once a customer’s hardship has ended.
The WSRRC said that the town should offer a payment plan and help the customer delve into options for paying outstanding water and sewer bills. They mentioned that the same rule should apply to commercial customers as well.
WSRRC members were in agreement that if a homeowner is delinquent on a water or sewer bill and then sells a home, it should not be the burden of the next homeowners. They noted that such an issue would likely have to be finalized by both parties during closing. However, if such a matter is not finalized, the town should continue legal action against the former homeowner and encourage the new one to start a new application for water services.
WSRRC said that any new occupant of a home should not be charged until the water is turned on and the application is finalized in the new party’s name.
The seven-member committee is charged with reporting final recommendations to the Select Board by January 6. The Select Board acts as the town’s Water and Sewer Commissioners. The next meeting of the Marion Water & Sewer Regulations Review Committee was not scheduled at adjournment.
Marion Water & Sewer Regulations Review Committee
By Jeffrey D. Wagner