Terms and Conditions of Service

Terms and Conditions of Water Service: Consolidated Utility District of Rutherford County

I understand and agree that I am entering into a contract for utility service with Consolidated Utility District of Rutherford County (CUDRC), and understand that all persons, firms, or corporations having connections within CUDRC’s water, sewer and stormwater system shall pay any applicable deposit, monthly usage, and service charges. I also understand that residential sanitation charges are billed monthly on the utility bill and that all billings are due before the date indicated on each billing to avoid penalties.

I understand and agree that as the customer establishing an account for services with CUDRC, I am responsible and liable for any and all use of services attributed to the account, regardless of whether, as the customer, I have taken ownership of, possession of, or have access to, the premises to which water service is provided. I understand and agree that when an account is established within the CUDRC service area to a property which the customer either does not yet own or possess, does not yet have access to, or over which the customer does not yet have control, the customer does so at their own risk and will be liable for all services used that are attributed to their account.

Further, in the event I, as an applicant for services, desires to establish service prior to the date applicant has ownership of the property for which services is being requested, I, by signing the Application for Utility Service that is required to establish service with CUDRC, represent and warrant that, as of the date listed on the Application for Utility Services as the “Date for Service to Begin” applicant has ownership, access to and possession of the property noted as the Service Address where the applicant is requesting service be provided. Applicant further represents and warrants that applicant understand and agrees applicant shall be fully responsible for, and will pay for, all utility services provided to the property beginning on the date listed on the Application for Utility Service as the “Date for Service to Begin”, as well as applicable System Development Charges, Meter Set Fees, Activation Fees and any additional Administrative Fee as outlined in approved tables by the CUDRC Board of Commissioners, or such information can be provided upon request by the applicant.

I agree to make no claims against CUDRC for damage on account of the stoppage of the flow of water resulting from an accidental shut-off by CUDRC or when stoppage is necessary to make alterations, repairs or improvements by CUDRC or its agents, representatives, and/or contractors or due to an emergency.

I agree to exercise reasonable diligence to protect CUDRC’s property on the premises. I agree to keep all plumbing fixtures on the premises in good repair, to promptly stop all leaks from such plumbing fixtures, and to conserve water in time of water shortage. No one, but CUDRC’s agent or persons authorized by law, shall knowingly have access to CUDRC’s utility facilities or property, including but not limited to all components of the meter pit and the meter. In the event of any loss or damage to CUDRC’s property caused by or arising out of carelessness, neglect, or misuse, the cost of repairing such damage, or replacing the damages property shall be the responsibility, and paid by, the customer named herein.

I agree that if the bills or charges submitted by CUDRC are not paid by the service interruption date as shown on the customers’ water bill, the water service will be terminated as outlined in section 3-E.

1. ACCOUNT APPLICATION. Application for service may be completed in person or online, and the following information is required to complete the application for service.

• Driver’s License or State and Federally Issued Photo Identification
• Social Security Number
• Service Address
• Lease Agreement for rental properties
• Phone Number
• Active email address
• Tax identification number if applicable

• A: New Account. A non-refundable service connection fee for technical and administrative service in providing the initial service to the customer will be added to the first bill in the amount set by the Board of Commissioners as shown on the CUD website, or such information can be provided upon request by the customer.
• B: Account Transfer. Any customer moving from one location within CUD’s service area to another location within CUD’s service area shall be charged a nonrefundable Service Transfer Fee as set by the CUD Board of Commissioners as shown on the CUD website, or such information can be provided upon request by the customer. The customer shall be responsible for payment of water consumed up to the date service is terminated at the previous service address.
• C: Applicant Contact Information. Should the applicant’s/customer’s contact information described in section 1 above change, it is the responsibility of the applicant/customer to notify CUD. In the case where CUD has attempted to contact the customer with the information provided and contact is not successful, it does not release the customer from any obligations outlined in this agreement — and the customer shall not hold CUD responsible for not being able to contact the customer directly.
• D: Security Deposits. A security deposit will be required for all requests of service made to Consolidated Utility District of Rutherford County as outlined in the approved chart approved by CUD Board of Commissioners as shown on the CUD website, or such information can be provided upon request by the customer. Security deposits will be required on residential, non-residential, commercial, and industrial customers requesting service. Individual security deposits will be required for each account and will not be based on the customer having multiple locations. The security deposit will be held from the start of service and until the termination of services by the customer and final billing reconciliation has occurred. Security deposits will not be required from any agencies of local, state or federal governments. Further information regarding interest earned on deposits, adequacy of deposits, and deposit refunds are shown on the CUD website, or such information can be provided upon request by the customer.

• 2. NEW SERVICE CONNECTIONS. Applicants requesting a new service connection for services provided by CUD will be subject to applicable System Development Charges, Meter Set Fees, Tap Fees, Activation Fees, and any additional Administrative Fees as outlined in approved tables by the CUD Board of Commissioners, or such information can be provided upon request by the customer.

• 3. MONTHLY BILLING. Service usage will be billed monthly in accordance with policies and authorized rate schedules as set by the CUD Board of Commissioners as shown on the CUD website, or such information can be provided upon request by the customer.
  • A: Minimum Bill. All accounts are subject to a monthly minimum charge that is based on the meter size or service connection providing water to the service address as set by the Board of Commissioners as shown on the CUD website, or such information can be provided upon request by the customer.
  • B: Billing Due Date. Accounts are due and payable by the due date stated on the bill. Cutoff dates are also listed on the bill. In the event a monthly water bill is not paid within 5 days after the due date noted on the water bill, there will be a late charge as noted in 3 C. below.
  • C: Late Charge. A late charge of ten percent (10%) of the total amount due for services provided by CUD as noted on the monthly water bill(s) shall be added to said bill(s) and will be due and owing to CUD. Should it become necessary for CUD to employ an attorney to collect any unpaid water bill(s), Customer is responsible for paying all reasonable attorney fees incurred by CUD or attorney fees associated with the collection of said unpaid water bill(s), as well as any other cost and expenses associated with the collection of the water bill(s).
  • D: Payment. Payments may be made by personal check, cashier’s check, bank draft, ACH, money order, or credit cards (Visa or MasterCard). They may also be made by personal check or credit card (Visa or MasterCard) over the internet or by phone (a processing fee is applied for all credit card payments made over the phone or internet). Any bank returned item is subject to a fee per check and delinquent account enforcement processes as outlined in section 3-F.
  • E: Termination of Service. In the event utility service is disconnected by CUD for non-payment, there will be a minimum fee of $50 (fifty dollars) assessed to the account. Once the account has been flagged for disconnect, the disconnect fee stated herein will remain applied to the customer account and will not be removed. A customer requesting CUD to reconnect same-day service for payments received after 3:00 p.m. will be required to pay an additional overtime charge of $100.00 (one hundred dollars). Services will not be reconnected after 7:00 p.m. Service reconnection requests after 3:00 p.m. that are not agreeable to the overtime charge or that request reconnection after 7:00 p.m. will be processed the next normal business day.
  • F: Declined Payments. Payments declined by a customer’s financial institution and returned to Consolidated Utility District will be subject to a return fee of $30.00 (thirty dollars). The returned payment plus any additional late fees, reconnection fees, and administrative fees will be due in full immediately and must be paid by guaranteed funds. Service will be disconnected, and the meter locked or pulled until payment is received. A customer requesting CUD to reconnect same-day service for payments received after 3:00 p.m. will be required to pay an additional overtime charge of $100.00 (one hundred dollars). Services will not be reconnected after 7:00 p.m. Service reconnection requests after 3:00 p.m. that are not agreeable to the overtime charge or reconnection request after 7:00 p.m. will be processed the next normal business day. A customer who has two (2) consecutive returned or declined payments, or three (3) or more returned or declined payments within a one-year period, will be required to pay all monthly bill(s) with guaranteed funds for one (1) year.
  • G: Service Cancelation. In the case of a customer wishing to cancel service, the customer shall give CUD a minimum of one (1) business day notice to terminate service and termination will take place only on Monday – Friday. A forwarding address shall be provided by the customer for the purpose of final billing. The outgoing customer shall be held responsible for all services rendered on such premises until such notice is received by CUD and CUD has had reasonable time to discontinue the water service. However, if such notice has not been received, the application of a succeeding applicant for water, wastewater, stormwater or sanitation service at the subject property will terminate the prior account. Notwithstanding the above, CUD will accept telephone orders, for the convenience of its customers, to discontinue or transfer water, wastewater, stormwater and/or sanitation service from one service address to another and will use all reasonable diligence in the execution thereof. CUD will only complete service orders during normal business hours. Any orders requested to be completed after hours shall be subject to an overtime fee.

• • H: Extension of Service for Non-Payment. The CUD Board of Commissioners delegate to the General Manager, or his designated representatives, the authority to extend the water service beyond the service termination date, as shown on the water bill, for up to seven (7) days. There is a maximum of one (1) extension approval per 6 months based on the customer’s account history and current standing. Failure to honor the extension will result in disconnection of water service for non-payment in the amount of the bill(s) for which an extension has been requested by the customer, plus the reconnect fee. Payment will be due in full in order for water service to be reconnected and no further extension request will be approved for the customer. If the account shows no disconnection of service for a 12-month period subsequent to the failure to honor a previous extension request, eligibility of future extension requests may be reinstated. CUD does not allow extensions for returned checks. CUD does not allow any extensions on a bill(s) where a request by the customer for extension of payment has been made previously. No extensions will be granted for accounts that are locked or have their meter pulled for non-payment. An extension is only available for the current bill. Past due bills are not eligible for an extension. To qualify for an extension, all past due balances must be paid in full before the request is submitted. CUD will not accept requests for extensions via phone. Any extension granted shall be supported by a Payment Commitment Form completed by the customer by the close of business on or before the business day preceding the scheduled disconnection date shown on the customer’s bill. This form can be completed at CUD’s office or completed on the CUD website at www.cudrc.com. Extensions will not be granted on the day of the disconnection.
  • I: Credit Balances. CUD will not remit to the customer a credit balance of less than $5.00 for any account.

• 4: IDENTITY THEFT PREVENTION. CUD’s Board of Commissioners, effective November 1, 2008, adopted a Red Flag Rules Program mandated by the Federal Trade Commission. CUDRC maintains accounts for its customers paying for utility service where bills are sent, and payments are due monthly. These accounts are covered under the Red Flag Rules adopted by the Federal Trade Commission (FTC) in 16 C.F.R. § 681.2. CUDRC adopts this Identity Theft Prevention Program to comply with 16 C.F.R. § 681.2, which is designed to detect, prevent, and mitigate identity theft in connection with these customer accounts.
• 5: UNAUTHORIZED CONNECTIONS. Unauthorized use of CUD water on a disconnected/terminated service will be subject to fees and prosecution under Tennessee Codes Annotated 39-14-408. If a customer receives unauthorized water on terminated/disconnected services, CUD shall be authorized to disconnect service at the mainline or at any other location necessary to stop the use of unauthorized water, at the expense of the responsible customer. In addition, the customer will be assessed tampering fees as set by CUDRC’s Board of Commissioners and shown on the CUD website, and possibly subject to prosecution.
• 6: DENIAL OF SERVICE. CUD shall have the right to refuse and/or terminate water service to an applicant, or current customer, if: (1) a condition concerning the water service requested, or currently being provided, is determined by CUD to be a hazardous condition (2) an applicant has previously, or a customer is currently , using equipment of CUD in such a manner as to adversely affect CUD’s equipment or CUD’s service to others (3) an applicant has previously tampered with CUD’s equipment in any manner, or if a current customer is tampering with CUD’s equipment in any manner (4) an applicant has been found previously, or a customer is currently, fraudulently obtaining unauthorized water service or has diverted the water service for unauthorized use or has obtained water service without the same being properly registered upon CUD’s meter (5) the applicant has previously been, or a customer currently is, in non-compliance with the Terms and Conditions of Water Service Consolidated Utility District of Rutherford County (6) the applicant has previously failed, or a customer currently is failing ,to fulfill the contractual obligations for service pursuant to the Terms and Conditions of Water Service Consolidated Utility District of Rutherford County (7) an applicant has previously failed, or a customer currently is failing, to permit CUD reasonable access to its equipment.
• 7: RESTRICTING WATER USAGE. CUD shall have the sole discretion to restrict the amount of water each customer receives. CUD shall also have the sole discretion to place any reasonable restrictions on customers’ use of water and shall have the sole discretion to set a schedule of hours in which water shall be made available for customers’ use. CUD shall have sole discretion to allocate water or restrict the amount of water used by each customer in case of an emergency, water shortage, conservation, or for any other reason that may be deemed proper by CUD in its sole discretion.
• 8: CROSS-CONNECTIONS. No customer served by CUD shall be permitted to cross-connect the water service supplied by CUD to any other water supply. That is, no physical connections shall be made by the customer to any other distribution system or source other than that furnished by CUD as outlined in CUD’s current Cross-Connection Policy. Failure to comply with Cross-Connection Policies as set forth by CUD shall subject the customer to charges outlined in CUD’s Cross Connection Policy as found on the CUD website, or such information can be provided upon request by the customer.
• 9: BACKFLOW PREVENTERS. All customers, other than individually metered single family residences, are required to have a backflow preventer installed on the service line prior to any branch water lines that service additional facilities. The type of backflow to be installed will be based on the use of the property as noted on the application by the customer. Any service with an irrigation system attached will be required to have a reduced pressure backflow preventer installed.
  • A: BACKFLOW TESTING. All backflow devices shall be tested upon initial installation and annually thereafter. It is the customer’s responsibility to have the device tested by a Certified Tester approved by CUD. Failure to have the device tested can result in disconnection of service and subject to reconnection, and other applicable fees.
• 10: CUSTOMER LEAK ADJUSTMENTS. Single family residential service addresses that are individually metered may be eligible for a billing adjustment due to a water leak that has occurred beyond CUD’s water meter as outlined in the policy approved by CUD’s Board of Commissioners and shown on the CUD website, or such information can be provided upon request by the customer. Builders, developers, apartments, commercial, industrial, and master metered accounts do not qualify for billing adjustments from leaks or unexplained usage as outlined in CUD’s policy approved by CUD’s Board of Commissioners, or such information can be provided upon request by the customer.
• 11: CUSTOMER NEGLIGENCE. In the case where damage has occurred to assets owned by CUD and, upon inspection by an authorized agent of CUD, it is determined that the damages occurred as a result of actions taken by the customer, or another party not CUD, repair charges incurred by CUD to make repairs, or to replace the damaged property, will be assessed to the customer and/or any person or entity employed, hired or directed by the customer who is responsible for the damage. The charges will be assessed to the responsible party based on current market value of the materials and labor. The charges are to be adequate to cover expenses incurred by CUD for the replacement and/or repair of the asset damaged. The repair charges herein will be billed through CUD’s account billing system if the party responsible is an active customer. If the customer is non-active with CUD, the customer will be invoiced for the applicable charges.
• 12: INTERRUPTION OF SERVICE. In the case where a customer is experiencing an interruption of service or issues concerning service, it is the customer’s responsibility to notify CUD first. Once notified CUD will, as soon as practicable, dispatch an authorized agent to investigate the complaint and identify if the issues are customer-related or related to CUD-owned assets. CUD will not be responsible for the costs the customer has incurred from third parties for repairs or investigation of service issues.
• 13: ACCESS TO UTILITY OWNED ASSETS. CUD shall have access at all reasonable hours to the premises for the purpose of reading or testing meters or inspecting and repairing utility services and assets. It is the applicant’s responsibility to always keep CUD assets free and clear of obstructions and provide access to any assets located at the service address.

I have read and understand and agree to the Terms and Conditions of applying for and receiving utility service from CUD. I agree to abide by the Terms and Conditions stated in this agreement. I hereby affirm and verify under penalty of law that I am the individual named in the application and the social security number provided herein is my true and correct social security number, assigned to me by the federal government. I agree that I have executed this agreement and that CUD’s agreement to provide water services under the Terms and Conditions stated herein is full and sufficient consideration for my execution of this agreement. By my signature hereinbelow, I acknowledge that I have received a copy of the document titled: Terms and Conditions of Water Service Consolidated Utility District of Rutherford County.

Applicants for water service will provide either a written or digital signature of this notice, along with the date.