Policy Bulletins

PB100
Definitions & Objectives
PB101
Duties of Board of Directors
PB102
Duties of the General Manager
PB103
Committees of the Board of Directors
PB104
Manager's Report to Board of Directors
PB105
Director's Compensation & Reimbursable Expenditures
PB106
Policy Book Revisions
PB107
Newsletter
PB108
Visiting Officials at the Annual Meeting
PB109
Meeting with Board of Directors
PB110
Nominating & Election Procedures - Board of Directors
PB111
Corporation Responsibilities
PB112
Water User Responsibilities
PB113
Registered Agent
PB114
Depreciation of Equipment
PB116
Investment of Funds

PB117
Scholarship Program

PB200
Water User Fees
PB201
Refunds & Release from Water User Agreement
PB202
Water Rates
PB203
Meter Deposit
PB204
Billing & Collections
PB205
Deactivation of Service
PB206
Complaints & Adjustments
PB207
Charges for Services
PB300
Types of Water Users
PB301
Classes of Applicants
PB302
Application for Service
PB303
Extension of Mainlines
PB304
Temporary Service
PB305
Future Housing Developments
PB306
Access to Premises
PB307
Change of Occupancy/Transfer of Membership
PB308
Crop Damage/Site Acquisition/Eminent Domain
PB309
Refused Easement
PB311
Identity Theft
PB312
Fire Protection
PB313
Cost of Service Contribution
PB314
Determination of Responsibility For Service Line Costs
PB315
Procurement or Lease of Existing Water System
PB316
Installation of Yard Hydrants at Rural Household Hook-ups
PB317
Privacy Request for Information
PB318
Installation of Antennae on Mid-Dakota Facilities
PB319
Emergency or Accelerated Construction Hook-up
PB320
Relief for Unintended Water Use
PB321
Livestock Watering Off User's Property
Bottom  
       

 

Note: Policy Bulletins are constantly being updated. Some changes may not have been posted so it is advisable to contact the Miller office if you have a question since the official Policy Bulletins are filed in a master copy at the office. The only Policy Bulletins that have been posted are those that deal directly with Mid-Dakota customers.

Policy Bulletin 100 - Definitions and Objectives

General Policies

 

PURPOSE

To provide definitions for terms used throughout the Corporation's policies and to establish the goals and objectives of the Corporation's policies.

TERMS OF POLICY 

A.  Definitions: Unless otherwise provided or the context clearly requires otherwise, when used in the Corporation's policies, the following terms shall have the following meanings:

  1. Active Account:  an account, inconjunction with which water service is available to the connection to be accessed by the User.
  2. Add-On User:  any person or entity (including special Users) that made or makes application and paid or pays the appropriate fees after the deadline set for Initial Users.
  3. Cost of Service Contribution:  the amount of monetary resources the Corporation will devote to the construction of a service line to an Add-on User.
  4. Deleted Account (sometimes referred to in these Policy Bulletins as "Deleted" or a "Deletion"):  an account that is no longer an Active Account; the service has been Disconnected and under the circumstances the Corporation has determined it is unlikely it will ever be reconnected (e.g., the location is no longer being used as a home) or the owner has requested that the account be deleted.  Typically, the facilities serving the account have been or will be removed.
  5. Disconnected Account (sometimes referred to in these Policy Bulletins as "Disconnected" or a "Disconnection"):  an account, in conjunction with which water service has been disconnected by the Corporation due to unpaid amounts owed to the Corporation or for other cause.  Typically, the construction of new facilities is not required to reactivate a Disconnected Account.
  6. Equivalent Rural Household:  the quotient of the minimum monthly bill for the classification of the proposed hookup divided by the minimum monthly bill for a Residential hookup.  By way of example and not limitation, the number of Equivalent Rural Households for a four unit rural household is 1.75.  (Four-unit rural household minimum bill of $57.40 divided by one Residential minimum bill of $32.80 equals 1.75)
  7. Extraordinary Circumstances:  those circumstances in which the Board of Directors, in its sole and exclusive discretion, determines that it would not be in the best interest of the system and all its members to devote monetary resources to construct a service line to an Initial User.
  8. Household Use:  the use of water for drinking, washing, sanitary, culinary and other household purposes.
  9. Housing Development Area:  a tract of property that has been properly platted into residential lots for resale to individual homeowners.
  10. Idle Account (sometimes referred to in these Policy Bulletins with the verb "Idle"):  An account, in conjunction with which the User requests to have the water service shut off at the service valve or meter, but agrees to continue to pay the minimum bill.
  11. Initial User:  any person or entity (other than a special User) that made application and paid the appropriate fees prior to June 1, 1993 (February 1, 1994, for special Users only).
  12. Lawn Watering Use:  the use of water for irrigation of a noncommercial family garden, trees, shrubbery or orchard not greater in area than one acre.
  13. Livestock Use:  the use of water for stock watering.
  14. Main Transmission Pipeline:  pipeline greater than 12 inches in diameter and capable of transporting more than 1,200 gallons of water per minute, laid to line and grade with topsoil replacement and compaction, and requiring a right-of-way during construction of 50 to 100 feet, depending upon size.  The Board of Directors in its sole and exclusive discretion, may designate any other transmission pipeline as Main Transmission Pipeline if such designation is appropriate.
  15. Mainline:  pipeline generally paralleling public right-of-way and section lines and making up the distribution system of the Corporation.  Mainline will generally be located so that it serves or may serve more than one User.
  16. Member:  all water Users who have complied with the requirements of these Rules and Regulations shall be members of the Corporation.  Memberships shall run with the land on which the water user hookup is located (or to be located).
  17. Minimum Bill:  (also referred to as service charge)  A fixed monthly (or annually in the case of Livestock Taps) charge designed to recover customer costs including but not necessarily limited to debt service costs.  The Service Charge "Minimum" DOES NOT include any volume of water.  The Service Charge "Minimum" is charged whether or regardless of any water used.
  18. Service Line:  the pipeline running from the main line to the Water User Connection Point.
  19. Service Unit:  a unit of hydraulic design capacity equal to 1,080 gallons per day and as further defined in the Final Engineering Report.
  20. Temporary Disconnect:  any interruption of water service not of permanent nature.
  21. Tenant:  in case of a tenant water service location, the person paying the water bill shall be considered the member for voting purposes.  Where both the landowner and his tenant have signed water user agreements for the same location, then only the member paying the water bill to the Corporation shall be entitled to vote.
  22. Water Rate:  that part of the Corporation's water rate structure that provides a charge per 1,000 gallons of water actually used.
  23. Water User Connection Point:  the point at which the water User's private system is connected to the Service Line.
  24. Yard Area:  the area of a farmstead, rural residence, cabin, place of business, commercial feed lot, house lot or other accepted and approved service location which contains buildings, fences, wells, windmills, buried pipes, buried wires, sewers or other obstructions so that the installation of buried waterline by large high production trenchers is rendered impractical or difficult.
  25.  

B.   Objectives: The goals and objectives of Corporation's policies are as follows:

  1. To establish Rules and Regulations setting forth the Corporation's intentions for the conduct of the business affairs of the Corporation in a manner that will result in a successful operation.
     
  2. To treat all water Users alike with respect to recurring situations by establishing Rules and Regulations.
     
  3. To provide high-quality service to the water Users of the Corporation at lowest possible cost, and consistent with sound business practices.
     
  4. To make known to the water Users the Rules and Regulations of the Corporation.
     
  5. To create a favorable image among the water Users and general public.
     
  6. To promote maximum beneficial utilization of water among the Users by providing additional services desired by water Users.
     
  7. To represent at all times the interests of the water Users in the most fair and equitable manner.

CROSS REFERENCE(S)

____________
Adopted 01/04/1993;     Amended 02/12/2002, 04/15/2003, 05/10/2005, 03/10/2009, 06/11/2013.

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Policy Bulletin 101 - Duties of Board of Directors

General Policies

 

PURPOSE

This policy has been adopted to set forth the duties of the Board of Directors (Board) as they govern the Corporation.

TERMS OF POLICY

The Board, subject to the restrictions of the law, the Articles of Incorporation, and By-laws, shall exercise all of the powers of the Corporation. Without prejudice to or limitation upon their general powers, it is hereby expressly provided that the Board shall have, and are given, full power and authority to perform the following duties and functions:

A. To pass upon the qualification of members and to cause to be issued appropriate certificates of membership.

B. To select and appoint all officers, agents, or employees of the Corporation or remove such agents or employees of the Corporation at the pleasure of the Board, and to prescribe such duties and designate such powers as may be consistent with these Bylaws, and fix their compensation and pay for faithful services.

C. To borrow from any source money, goods or services and to make and issue notes and other negotiable and transferable instruments, mortgages, deeds of trust and trust agreements and to do every act and thing necessary to effectuate the same.

D. To prescribe, adopt and amend, from time to time, such equitable and uniform Rules and Regulations as they, in their discretion, may deem essential or convenient for the conduct of the business and affairs of the Corporation and the guidance and control of its officer and employees, and to prescribe adequate penalties for the breach thereof.

E. To order, at least each year, an audit of the books and accounts of the Corporation by an accountant. The report prepared by such accountant shall be submitted to the members of the Corporation prior to their annual meeting.

F. To annually prepare and submit to the members a proposed budget for the succeeding fiscal year, and to adopt such a budget prior to the commencement of the succeeding fiscal year.

G. To fix the charges to be paid by each member for services rendered by the Corporation to him, the time of payment and the manner of collection.

H. To require all officers, agents and employees charged with responsibility for the custody of any of the funds of the Corporation to give adequate bonds, the cost thereof to be paid by the Corporation and it shall be mandatory upon the Board to so require.

I. To select one or more banks to act as depositories of the funds of the Corporation and to determine the manner of receiving, depositing and disbursing the funds of the Corporation and the form of checks and the person or persons by whom the same shall be signed with the power to change such banks and the person or persons signing such checks and the form thereof at will.

J. To create and appoint all committees and to delegate such duties as allowed by law, the Articles of Incorporation and the Bylaws.

_____________
Adopted 1/04/94; Amended 3/13/07

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Policy Bulletin 102 - Duties of the General Manager

General Policies

 

PURPOSE

The purpose of this policy is to identify the duties that are a part of the position of General Manager for the Corporation. Performance of these duties in an competent manner is essential to the efficient operation of the Corporation.

TERMS OF POLICY

A. Manager's Responsibilities:

1. The Manager is charged with the full responsibility of executing the policies and procedures established by the Board of Directors. The Manager has the full responsibility for initiating plans for the development, installation, and execution of a comprehensive and effective program of overall general management.

2. The Manager's primary functions are to provide adequacy of the physical system in relation to the needs of existing and potential consumers, to budget all resources and to develop and maintain an operating program designed to keep the Corporation service to its members at maximum efficiency through the maintenance of lines, service and adequate water supply.

3. The Manager shall have the responsibility of reviewing revenues annually to determine their adequacy as well as the wholesale and retail rates and their effect on receipts and expenses, establishing and maintaining control as dictated by the operating budget, limiting costs and improving operating methods to effect maximum savings, review and report to the Board of Directors monthly the status of funds, expenditures and receipts, construction, requirements, engineering and legal matters, new applications and removals, wages, employee relations, outages, operations and maintenance, and a plan of operation for the ensuing month.

4. The Manager shall be further responsible for supervising an adequate accounting system and all related records, the maintenance of adequate inventories of parts and supplies, job training and safety program and labor relations. It is the manager's responsibility to employ competent persons in all key positions and delegate the necessary responsibility and authority in their respective departments to accomplish tasks in the most efficient manner. The manager shall work through and with such committees as may be designated by the Board of Directors. The manager is responsible to maintain the Corporation in compliance with the terms of any loan or bond agreements made by the Corporation.

B. Board of Directors' Responsibilities:

It is the responsibility of the Board of Directors to review the manager's performance each month, and to advise the Manager when necessary in carrying out the Board's policies and procedures and to otherwise assist the manager without directly exercising the manager's prerogatives.

_____________
Adopted 5/11/93; Amended 3/13/07

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Policy Bulletin 103 - Committees of the Board of Directors

General Policies

 

PURPOSE

The purpose of this policy is to address the formation of the committees of the Board of Directors (Board) pursuant to Article VIII, Section 11 of the Corporation's Bylaws. Except in some instances involving the Executive Committee, the use of committees is designed to streamline the deliberations of the Board by having a smaller group analyze an issue and thoroughly discuss it before bringing it to the full Board. Committees are an essential part of this Corporation and help the Board perform in the most efficient manner possible.

TERMS OF POLICY

A.  There is hereby created an Executive Committee consisting of the Chairperson, Vice-Chairperson and Secretary/Treasurer of the Board.  The Executive Committee shall advise the General Manager and/or the Board of Directors as requested from time to time by the General Manager, the Chairperson or the Board.  The Executive Committee may take final action on behalf of the Corporation, but only in emergencies or other circumstances where time is of the essence, and only when it is not practical to convene the full Board within the time available.  The Executive Committee may only take final action on behalf of the Corporation upon the unanimous vote of all three members of the Executive Committee.

B. The following standing committees are hereby created to advise and assist the General Manager. The members of the following standing committees shall be appointed by the Chairperson of the Board.  It shall be the function of these committees to act in an advisory capacity, determine the best procedures to meet or cope with problems and advise the Board on appropriate action:

  1. Budget Committee

  2. Policy Committee

  3. Labor Committee

C. The Board Chairperson and General Manager are non-voting ex-officio members of all standing committees.

D. The Chairperson will preside over all committee meetings.  In the absence of the Chairperson, the committee shall select a member of the committee to preside over the committee meeting.

E. All committees shall meet at the call of the Chairperson of the Board and/or the General Manager.

F. The Board or Chairperson of the Board may also appoint ad-hoc committees to review and analyze other issues not germane to the work performed by a standing committee.

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Adopted 5/11/93; Amended 3/13/07, 10/9/12

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Policy Bulletin 104 - Manager's Report to the Board of Directors

General Policies

 

PURPOSE

It is important that the Board of Directors (Board) are kept informed concerning the operations of the Corporation. The Manager's Report will contain information that will help the Board to make sound decisions for the efficient operation of business within the Corporation.

TERMS OF POLICY

A. The Manager shall present a complete summary of the operating report each month and a cash fund forecast. In addition, the Manager shall report on the progress of the Corporation including easements, engineering, new construction, rehabilitation, operations, maintenance, collections, legal matters, expenditures, disconnects, correspondence, meetings and plans for the coming month.

B. This report shall be provided to the Board in written form and reviewed with the Manager at each Board meeting.

C. The Manager at his/her discretion may designate other staff members to prepare and/or provide various portions of the Manager's report to the Board.

_____________
Adopted 5/11/93; Amended 3/13/07

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Policy Bulletin 105 - Director's Compensation & Reimbursable Expenditures

General Policies

 

PURPOSE

Members of the Corporation's Board of Directors are called upon periodically to represent the membership at meetings and other gatherings. While attending these functions, the Directors are reimbursed for their time and expenditures in the manner set forth in this policy.

TERMS OF POLICY

A. Directors may receive, upon submission of a voucher and/or receipt, compensation for mileage, meals, lodging and other reimbursable expenses for attendance at each meeting of the Board and for attendance at any other meeting on behalf of the Corporation.

B. Expenses will be reimbursed at the rates provided for by Mid-Dakota Policy Bulletin 417.

C. Directors will receive $250.00 per day or any fraction thereof for attendance in person or by telephone at each meeting of the Board and for attendance in person or by telephone at any other meeting on behalf of the Corporation. The Chairperson or acting Chairperson of the board of directors will receive an additional $50 per day or any fraction thereof for attendance in person or by telephone at any meeting on behalf of the Corporation.  Multiple meetings attended on the same day at the same venue, regardless of the purpose, will be counted as one meeting.  Meetings attended on the same day at different venues will be counted as separate meetings eligible for compensation at the above rates.  Venue and purpose notwithstanding, directors will not be compensated for more than two meetings per day.

_____________
Adopted 5/10/94; Amended 2/9/99, 9/14/04, 11/8/05, 3/13/07, 02/12/2008, 04/13/2010, 03/13/2012, 04/09/2013.

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Policy Bulletin 106 - Policy Book Revisions

General Policies

 

PURPOSE

Policy Bulletins are important to the Corporation's Board of Directors (Board), Membership and staff. They outline the procedures for the daily operation of this Corporation. This policy has been composed to establish the guidelines for development of policy bulletins and updating them to reflect the changes within the Corporation's daily activities.

TERMS OF POLICY

A. The Manager shall have the responsibility to revise the policy book, bringing it up to date, and presenting said policies and/or provisions to the Board for approval.

B. Policies shall be coded in such a way that policies can be added to the book without completely reprinting the book.

C. A Policy Bulletin shall be issued for every policy adopted by the Board for the operation of the Corporation.

D. Each employee and each Director shall from time-to-time be provided a full set of Policy Bulletins.

E. At any time a policy is revised, a revised bulletin of the same number will be issued to replace the old bulletin.

_____________
Adopted 5/11/93; Amended 3/13/07

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Policy Bulletin 107 - Newsletter

General Policies

 

PURPOSE

The purpose of this policy is to address the use of a newsletter to inform the Corporation's membership and other interested parties of information regarding the operations of the Corporation.

TERMS OF POLICY

A. The name of the newsletter shall be "Quality on Tap!". The Corporation may work with the South Dakota Association of Rural Water Systems to implement the development and publication of the newsletter. To accomplish this work, one or more representatives (most likely the General Manager and/or the Member Services Director) will serve on the Editorial Board to assist with the newsletter's development.

B. The chief objective of the newsletter is to inform the members about the Corporation, its policies and practices.

C. The publication shall be non-political.

D. All persons and entities executing a "Water User Agreement" or a "Water Supply Contract" with Mid-Dakota does hereby acknowledge that as part of their membership with Mid-Dakota Rural Water System, Inc., they agree to subscribe to the Corporation's quarterly publication "Quality on Tap!", the annual subscription rate being $4.20, with said subscription cost to be prorated on a monthly basis at a rate of 35-cents per month (or $4.20 if billed and paid annually) from the member's monthly (or annual) water payment.

_____________
Adopted 5/11/93; Amended 8/9/05, 1/10/06, 3/13/07.

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Policy Bulletin 108 - Visiting Officials at the Annual Meeting

General Policies

 

PURPOSE

The purpose of this policy is to address the requests of visiting officials to speak to the Membership at the Annual Meeting of the Corporation.

TERMS OF POLICY

It shall be the policy of the Corporation's Board of Directors that public officials attending annual meetings will be introduced during the annual meeting program and may be given up to five minutes to speak from the floor, provided that no political issues are discussed. The Board may allow more time if it is deemed necessary.

_____________
Adopted 5/11/93; Amended 3/13/07

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Policy Bulletin 109 - Meeting With the Board of Directors

General Policies

 

PURPOSE

There may be occasions when one or more person(s) ask to meet with the Board of Directors ("Board"). The purpose of this policy is to address the protocol to be followed when someone wishes to be placed on the agenda and/or address the Board during the meeting of the Board.

TERMS OF POLICY

A. Persons desiring to meet with the Board must notify the Manager at least 24 hours before the Board meeting. The Manager will set up a time for the person(s) to meet with the Board.

B. Persons may each be allowed up to one-half hour of the Board's time.

C. The Board may grant a longer time if it deems necessary.

_____________
Adopted 5/11/93; Amended 3/13/07

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Policy Bulletin 110 - Nominating and Election Procedures-Board of Directors

General Policies

 

PURPOSE

This policy is to outline the nominating and election procedures for selecting a Board of Directors. The business and affairs of the Corporation shall be managed by a Board of Directors, which shall exercise all of the powers of the Corporation except those that are under law, Article of Incorporation or these By-Laws, conferred upon or reserved to the members or delegated to the General Manager.

TERMS OF POLICY

A. Nominating Procedure

  1. Individual (rural) directors:

    The candidate must be a member in good standing of Mid-Dakota and must reside in the director district for which the candidate is nominated. The candidate must stand for election in the district where the candidate's principal residence is located.

    Nominations for vacancies in the office of individual (rural) directors must be made by petition. A list of those persons who have taken out nominating petitions will be maintained at the offices of Mid-Dakota and will be open to public inspection. Nominating petitions must be filed with Mid-Dakota not later than 4:00 p.m. on the 30th day prior to the annual meeting (or if the offices of Mid-Dakota are closed, then on the next business day).

    In order to stand for election, the candidate must timely submit a petition or petitions, on the form supplied by Mid-Dakota, containing the signatures of not less than 15 bona fide members of Mid-Dakota who reside in the applicable district. Members may only sign petitions for the district in which their principal residence is located. However, if the member resides in a municipality, then the member may sign a nominating petition for any district where the member has designated a tap location and in which the member intends to vote (but not more than one district).

    Joint ventures, corporations, partnerships and limited liability companies shall designate one person to sign on behalf of these entities.

    If a membership is co-owned by spouses, parent and child, siblings, or any combination thereof, referred to throughout this policy as a "Family Unit", then only one member of the Family Unit may execute a nominating petition.
    At the annual meeting, nominations from the floor are not permitted.
     

  2. Municipal at Large directors:

    Nominations for municipal at large directors will be made by recognized member municipalities. Not less than 60 days prior to the annual meeting, Mid-Dakota will provide notice of nominating procedures to all member municipalities. The governing body of each recognized member municipality may, by resolution, nominate one candidate. The candidate nominated must reside in or receive service from a member municipality. Nominating resolutions from member municipalities shall be filed with Mid-Dakota's office not later than 4:00 p.m. on the 30th day prior to the annual meeting (or, if the offices of Mid-Dakota are closed, on the next business day).

At the annual meeting, nominations from the floor for municipal directors are not permitted.

3.  Municipal directors from the City of Huron:

Nominations for municipal directors from the City of Huron (as provided by the Bylaws of Mid-Dakota) are not required.

 

B. Election Procedure

  1. Individual (rural) directors:

    a. Annual Meeting: Directors will be elected by secret ballot. Ballots shall be prepared by Mid-Dakota and distributed to eligible voters who attend the annual meeting. Only those candidates who timely provide Mid-Dakota with a valid nominating petition shall have their name printed on the ballots.

    Voting by proxy is not permitted. "Write in" voting is not permitted.

    b. By mail: Members may vote by mail on ballots provided by Mid-Dakota. The ballot must be returned in the envelope provided by Mid-Dakota and must be received no later than 4:00 p.m. on the last business day preceding the annual meeting.

    c. Eligible voters: Only members whose principal residence is within the respective director districts will be entitled to vote for the candidate or candidates (as provided by the Bylaws of Mid-Dakota) from that district. If the member resides in a municipality, the member may vote in any district where the member has designated a tap location (but not in more than one district). If such member has executed a nominating petition for a candidate in a particular district, the member may only vote in that district.

    Joint ventures, corporations, partnerships, limited liability companies, and Family Units shall designate one person to vote on behalf of these entities.

    If a membership is co-owned by a Family Unit, only one member of the Family Unit may vote. If multiple memberships are owned by the same joint ventures, corporations, partnerships, limited liability companies, Family Units or individuals, each such joint venture, corporation, partnership, limited liability company, Family Unit or individual is entitled to only one vote. The ownership of multiple memberships does not entitle the owner to more than one vote.

    The General Manager shall prepare a roster of members eligible to vote, which roster shall be maintained at the office of Mid-Dakota. The list shall be updated from time to time and shall be closed no sooner than 10 business days prior to the date of each annual meeting. Joint ventures, corporations, partnerships, limited liability companies, Family Units or individuals not listed on the eligible voter roster shall not be allowed to vote by mail or at the annual meeting. The claim by any member that the member has been improperly excluded from the roster must be presented to the Board of Directors in writing not later than the last Board meeting immediately proceeding the annual meeting. Any claims not made in this manner will be denied. A failure to make such a claim constitutes a waiver of any privileges the member may have to vote in the applicable year's annual meeting.

  2. Municipal directors:

    Municipal Directors shall be elected by secret ballot. Ballots shall be prepared by Mid-Dakota and distributed to the authorized representative of each member municipality.   Municipal members shall vote by mail on ballots provided by Mid-Dakota. The ballot must be returned in the envelope provided by Mid-Dakota and must be received no later than 4:00 p.m. on the last business day preceding the annual meeting.

    Any member municipality may cast one vote for each existing vacancy. The number of candidates equal to the number of vacancies who receive the most votes will be declared the winner(s). Cumulative voting shall not be allowed.

  3. Municipal directors from the City of Huron:

    The City of Huron will designate the appropriate number of directors (as provided by the Bylaws) by resolution of the governing body for the City of Huron. Said resolution must be provided to MId-Dakota not less than 10 business days prior to the annual meeting. 

 

C. Miscellaneous:

In the event of a tie, the winner shall be determined by the toss of a coin. If there is a tie involving more than two candidates, the winners shall be determined by drawing lots.

All ballots shall be tallied by Mid-Dakota's attorney. Mid-Dakota's attorney shall provide the results of the tally to the Chairperson of Mid-Dakota who shall then provide the results of the election to the membership in the manner provided below, as applicable:

a.  Face-to-face annual meeting - The Chairperson shall announce the results of the election before the adjournment of the annual meeting.

b.  Alternative meeting format (other than face-to-face) - The Chairperson shall, not more than 10 days following the annual meeting, cause the results of the election to be published in the appropriate are newspapers or notify the membership by direct mail of the election results.

Attached as an Addendum to this Policy Bulletin is a list of examples to assist the staff and election officers when administering elections at the annual meeting. These examples are illustrative only, and in the event of any discrepancy, the rules of this Policy Bulletin 110 shall govern.

D. Liberal construction:

This Policy Bulletin 110 shall be liberally construed in favor of allowing members to vote.

CROSS REFERENCE(S)

PB 100, Definitions and Objectives; PB 101, Duties of Board of Directors; and Corporation By-Laws.

_______________
Adopted 7/13/1996                  Amended 3/11/2008, 9/8/2009

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Policy Bulletin 111 - Corporation's Responsibilities & Liabilities

General Policies

 

PURPOSE

To establish the Corporation's rights and responsibilities when placing a hookup upon a User's property.

TERMS OF POLICY

A. For Residential and Rural Household water user hookups, the Corporation will install a Service Line from its Mainline to a point convenient to the Corporation at or near the edge of the yard area of the household, at which point the Corporation will install a meter pit and meter assembly. At the User's expense, the Corporation will install Service Line to an approved, dry, frost proof Water User Connection Point provided by the water User in a house basement or suitable underground location. If an acceptable frost free Water User Connection Point is not available, the Corporation will install the Service Line as close to the household as possible to allow for connection.

B. For Livestock water user hookups, the Corporation will, at the User's expense, install a Service Line from its Mainline to a point convenient to the Corporation just within the property described in the water user agreement. The Corporation will install a meter pit and meter assembly.

C. For Special water user hookups, the details of the connection will be described in the water purchase contract.

D. When two or more meters are installed on the same premises for different water Users, they shall be closely grouped and each clearly designated to which water User it applies.

E. The Corporation reserves the right to check all meters at any time and will cause all meters to be read at least annually.

F. The water User's line or piping must be installed in such a manner as to prevent cross-connection or backflow, and all connections from other sources are disconnected. If the water User fails to so install the line or piping, the Corporation may refuse to provide service.

G. The Corporation shall not be liable for damage of any kind whatsoever resulting from water or the use of water on water user's premises unless such damage results directly from negligence on the part of the corporation. The Corporation shall not be responsible for any damage done by or resulting from any defects in the piping, fixtures, or appliances on the water user's premises. The Corporation shall not be responsible for negligence of third persons or forces beyond the control of the Corporation resulting in any interruption of service.

H. When service is installed, the Corporation will furnish shower flow rate restrictors, low flow faucet aerators, toilet tank dams, and/or displacement bags.
 

CROSS REFERENCE(S)

PB100, Definitions and Objectives

_____________
Adopted 1/4/93.                   Amended 3/11/2008, 3/10/2009

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Policy Bulletin 112 - Water User Responsibilities

General Policies

 

PURPOSE

To establish the User's rights and responsibilities when receiving service from the Corporation.

TERMS OF POLICY 

  1. The water User shall provide a suitable place for a frost free pit for a meter placed on the water User's premises; it shall be unobstructed and accessible at all times for reading.
     
  2. For Residential and Rural Household water use hookups, the water User shall be responsible for connecting his or her private system at the Water User Connection Point provided by the Corporation.  The water User shall install and maintain a temperature/pressure relief valve or an approved expansion tank on his or her water heater.    The water User shall not operate or adjust the Corporation's pressure regulator adjustment which will generally provide 45 psi or less at the Water User Connection Point.  The water User shall be responsible for his or her own plumbing and connection made to the Corporation's system and shall comply with the State of South Dakota's Plumbing Code requirements.  The Corporation  recommends that the User's connection be made with a physical break between his or her existing water source and the Corporation's system.  If both are connected at the same time the user shall install a Reduced-pressure principle backflow-prevention assembly (RPZ) that is approved for this purpose by the South Dakota State Plumbing Commission.   All costs and responsibilities associated with the purchase, installation, operation, maintenance, testing and replacement shall be the responsibility of the Water Users.
     
  3. For all classifications of water user hookups, the water User is responsible for the service line after the Corporation's meter pit once the original installation contract warranty period has expired (4 years from the original contract substantial completion date).  In the case of pipelines that have or may have high maintenance cost (slide areas, low water use, high water table, etc.), the Corporation reserves the right to refuse or discontinue water service to proposed or existing lines.
     
  4. For Livestock water user hookups, the water User shall be responsible for connecting his or her private system at the Water User Connection Point.  Frost-free hydrants shall not be installed within 15 feet from the meter pit.  The water User may be responsible for his or her own plumbing and connections made to the Corporation's system and shall comply with the State of South Dakota's Plumbing Code requirements.  The Corporation  recommends that the User's connection be made with a physical break between his or her existing water source and the Corporation's system.  If both are connected at the same time the user shall install a Reduced-pressure principle backflow-prevention assembly (RPZ) that is approved for this purpose by the South Dakota State Plumbing Commission.   All costs and responsibilities associated with the purchase, installation, operation, maintenance, testing and replacement shall be the responsibility of the Water Users
     
  5. For all water user hookups, the water User shall be responsible for "winterizing" his or her private system from the Water User Connection Point.  In the event that the User requests the hook-up be shut off or turned on at a time other than one scheduled by Corporation, the User will be charged the appropriate "disconnect"/ "reconnect" fee(s) as established by Policy Bulletin 204.
     
  6. For all classifications of water user hookups, except Special Bulk, the water User shall be responsible for protecting the Corporation's meter assembly from freezing regardless of where or by whom installed.  The same is true of the Service Line on the water User's property. The water User shall pay for the cost of repair, water loss, and any other damage incurred because of freezing of any of the items stated in this paragraph.
     
  7. Water Users shall not hook the Water User Connection Point to the Service Line until they have been notified in writing to do so by the Corporation.  Initial water Users shall be responsible for locating the private buried utilities within their yard area for the Corporation's Service Line contractor.  In the event such utilities are cut due to inaccurate location (greater than plus or minus 2 foot variation); the water User will be responsible to repay the Corporation for the cost of repairing said utility.
     
  8. If the water User's piping on the water User's premises is so arranged that the Corporation is called upon to provide additional meters, each place of metering will be considered as a separate and individual water user hookup.
     
  9. The water User's private piping and apparatus shall be installed and maintained by the water User, and at the water User's expense, in a safe and efficient manner and in accordance with the Corporation's rules and regulations and in full compliance with the sanitary regulations of the South Dakota Environment and Natural Resources and the South Dakota State Plumbing Commission Code.  The water User's private piping shall be installed in such a manner as to prevent cross-connection or backflow and be approved for that purpose by the South Dakota Plumbing Commission Code.
     
  10. The water User shall guarantee proper protection for the Corporation's property placed on the water User's premises and shall permit access to it only by authorized representatives of the Corporation. The water meter or flow control must be unobstructed and accessible at all times for checking.
     
  11. In the event that any loss or damage to the property of the Corporation or any accident or injury to persons or property caused by or resulting from the negligence or wrongful act of the water User, his agents, or employees, the water User shall pay the cost of the necessary repairs or replacements to the Corporation.  Any liability resulting shall be assumed by the water User.  The amount of such loss or damage or the cost of repairs shall be added to the water User's bill, and, if not paid, service may be discontinued by the Corporation.
     
  12. Water furnished by the Corporation shall be used according to the classification of the water User.  Water shall not be used for purposes other than those specified in the Water User Agreement or Water Purchase Contract.  Disregard for this rule shall be sufficient cause for refusal or discontinued service.
     
  13. No water User may sell, meter or otherwise provide water to another person or another person's property or extend service beyond the location described in his water application except in the following situations:
    1. Water may be piped to a location on the water User's property if the water is used by the water User, his family, his employees, or livestock on his land.  The plumbing for this use may be underground.
       
    2. Water may be piped to a location off the water User's property only for watering the water User's livestock.  The plumbing use for this must be above ground.
       
    3. Water may be piped to a location under circumstances not mentioned above only with special Corporation approval.
       
    4. Any water User desiring to extend water service shall make application to the Corporation describing the location of the extension, the type of installation proposed, use of the water, and the name of the owner of the land where the new use will occur.  The Corporation may make periodic inspections of the water extension, and the extension must be terminated if the Corporation determines that there has been a change of circumstances disqualifying the extension.

In regard to livestock watering, the hydraulic design of the Corporation's water distribution system is based on livestock water being uniformly delivered throughout the 24-hour daily period.  Where large numbers of livestock are present, water Users are responsible for providing on-farm water storage and appurtenances to accomplish a reasonable distribution of livestock water on demand.  The water User may be required to provide a constant flow valve or other device acceptable to the Corporation.  Such device shall be installed at all principal livestock water places.

Water Users shall install low flow (2.5 gallons per minute or less at 20 - 80 psi) shower heads or shower head flow rate restrictors on all existing shower heads. Water Users shall install low flow (1.5 gallons per minute or less at 20 - 80 psi in bathrooms and 2.5 gallons per minute or less at 20 - 80 psi in kitchens) faucet aerators on all existing faucets with threads.  Low flow shower head or faucet installation is not required on existing fixtures already meeting the preceding flow rate requirements. Water Users shall install toilet tank dams or displacement bags in all existing toilet tanks (to reduce per flush water use as much as practical).  This provision shall not apply to existing water-saving (3.0 gallons per flush) or existing ultra-low-flush (1.6 gallons per flush) toilets. The above water conserving fixture modifications shall be accomplished within 90 days of when Member begins using Corporation water.

After the membership date (date of application and signature of water user agreement), any water fixtures installed as a result of new construction or renovation shall not exceed the following water use:

a. Shower head  2.5 gallons per minute at 20 - 80 PSI
b. Kitchen faucet  2.5 gallons per minute at 20 - 80 PSI
c. Bathroom faucet 1.5 gallons per minute at 20 - 80 PSI
d. Commercial Lavatory 1.5 gallons per minute at 20 - 80 PSI
e. Toilet  3.0 gallons per flush
f. Urinal 1.0 gallons per flush

CROSS REFERENCE(S)

____________
Adopted 12/14/1993;     Amended 08/13/1998, 03/19/2002, 05/13/2003, 03/11/2008, 03/10/2009

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Policy Bulletin 113 - Registered Agent

General Policies

 

PURPOSE

To designate a registered office and registered agent as required by South Dakota law.

TERMS OF POLICY

The South Dakota Non-Profit Corporation Act (SDCL Ch. 47-22) requires that South Dakota not-for-profit corporations file with the Secretary of State the address of their registered office and the name and address of their registered agent.

The corporation hereby designates its registered office as 608 W. 14th St., PO Box 318, Miller, Hand County, South Dakota, and its registered agent will be designated from time-to-time by resolution of the Board of Directors.

____________
Adopted 10/11/94 Amended 3/11/08, 2/13/2009,

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Policy Bulletin 114 - Depreciation of Equipment

General Policies

 

PURPOSE

To establish guidelines for the depreciation of real and personal property owned by the Corporation.

TERMS OF POLICY

It shall be the policy of the Corporation that tangible personal property purchased by the Corporation at a cost at or exceeding $5,000, and real estate, including buildings, land and capital improvements, will be entered into the Corporation's accounting records as a depreciable asset and an appropriate depreciation schedule shall be developed and maintained for said property. For the purposes of this Policy, if not otherwise classified as such, any remodeling project with a cost of $20,000.00 or more shall be deemed a capital improvement and depreciated as provided in this Policy. Property not automatically depreciated as provided above may be listed and accounted for as a depreciable asset at the discretion of the General Manager or the Board of Directors.

______________
Adopted: 10/11/94 Amended: 3/11/08

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Policy Bulletin 116 - Investment of Funds

General Policies

 

PURPOSE

The Mid-Dakota Rural Water System, Inc., Board of Directors has established this policy to set guidelines, goals and strategies for the investment of corporate funds. 

TERMS OF POLICY 

A.  GENERAL INVESTMENT PRINCIPALS:

1.      General Compliance: Mid-Dakota will comply with any restrictions placed upon the funds by applicable law, the Grantor or Mid-Dakota Bylaws, rules or policies. 

2.      Compliance with Grant or Loan Funds: Mid-Dakota will comply with any provisions contained within applicable Grant or Loan Agreements and applicable Federal and State Laws.  To the extent permissible, Mid-Dakota will endeavor to maximize funds received from governmental entities by depositing said funds in interest-bearing accounts.  Said accounts for the deposit of governmental funds must be readily accessible and of negligible risk. 

3.      Preservation of capital: Protecting the principal investment is Mid-Dakota's primary goal and concern; secondary goals and concerns are liquidity and yield.   The Mid-Dakota Board recognizes that the funds for which they have been granted fiduciary responsibility are ultimately funds that belong to our member customers and that proper strategy for management of these funds must first-and-foremost include the protection and preservation of the invested funds. 

4.      Capital Growth:  Mid-Dakota will identify an appropriate amount of funds to be allocated towards long-term growth.  Said investments shall take into account the need to preserve the principal of the fund, but growth of the principal shall be the primary investment objective. 

5.      Returns greater than inflation:  The subtext to any investment is to realize a return on your principal.  Failure to outpace inflation will ultimately lead to a negative return on investment.  Therefore, Mid-Dakota will endeavor to at a minimum surpass normal and expected inflationary indices, regardless if the investment is for the "Preservation of capital" or for "Capital growth". 

6.      Percentages regarding portfolio composition: All percentages pertaining to the portfolio composition as provided below under "Investment Strategies" shall be computed on the invested dollars at the time an investment is made.  Investment growth shall not be considered when determining percentages.  Gains or losses on investments shall not immediately be applied to the percentages of the portfolio.  Reasonable and adequate time shall be provided to the investment manager(s) to adjust the portfolio and bring it into compliance with the investment percentages provided, and managing said funds in a manner that will maximize the earning potential of invested funds. 

B.   INVESTMENT STRATEGIES:

1.      Short-term investments: Typically, a large share of Mid-Dakota's funds that are eligible for investment should be targeted for a short-term (less than or equal to three-years) investment and managed in a manner that will maximize the earning potential of the funds and keep them liquid and at minimum risk.  Mid-Dakota will deposit and invest funds in a manner so that not less than 70% of the total amount of funds available for investment is targeted for investment in such short-term, low-risk instruments.  Mid-Dakota will attempt to avoid any investment instrument that includes substantial early withdrawal penalties. Examples of short-term, low risk investment instruments are: 

a.   Certificates of Deposits (CDs)

b.   Fixed Rate Annuities (or fixed sub-accounts within Variable Annuities). 

c.   United States Government Bonds. 

d.   Investment grade corporate bonds with a Standard & Poors or Moody rating of not less than "A".  Not more than 10% of funds identified for "short-term investments" may be placed in this category. 

e.   Money market funds or other such funds invested only in US Government securities, repurchase agreements, certificates of deposit, bankers' acceptances, or investment quality commercial paper. 

2.      Long-term investments: Funds deemed eligible for application of long-term investment strategies will typically be those funds that are not earmarked for a specific project, or capital that the Board does not reasonably expect to use within the next three years.  Notwithstanding the aforementioned limitations, Mid-Dakota will invest its funds in a manner so that not more than 30% of the total amount of funds available for investment are held in securities, bonds, money markets, or equities. Not more than 70% of the funds invested under this subsection may be invested in instruments containing equities.  The Board of directors must approve all investments to be made under this subsection. The Board may in its discretion delegate this approval power to a committee of the board.  Examples of long-term, growth orientated investment vehicles are: 

a.    Publicly traded common stocks of US companies.  Equity mutual funds or unit trusts that hold such equities are acceptable. 

b.    Common stocks of foreign corporations, but only if they are traded on U.S. Exchanges or are held in mutual funds or unit trusts.  This portion shall not exceed 25% of the equity portion of long-term investments. 

c.    Publicly traded fixed income investments.  This portion shall not exceed 60% of long term investments.   

d.   Private equity investments (including Real Estate Investment Trust (REIT) funds) or loans, provided that not more than 25% of the funds invested under this subsection may be invested via private placement.  The board of directors in its sole and exclusive discretion may chose to make a loan upon terms to be decided by the board in lieu of or in conjunction with stock ownership.  

e.   Fixed-income investments.  All assets invested in short-term investments, investment grade corporate bonds or preferred stock and not more than 15% of the fixed income portion of the long-term investment will be invested in corporate high yield bonds which must be held in mutual funds or closed end funds.

f.  Managed futures, so long as they are bundled in a professionally managed portfolio structured as a mutual fund, limited partnership, or hedge fund.  Not to exceed more than 10% of this portfolio based on initial purchase.

 C.  OTHER INVESTMENT AND FUND PRACTICES:

1.      The allocation of investment assets for Mid-Dakota will be studied and recommended by the Budget Committee, the Corporation's Secretary/Treasurer (if not already a member of the Budget Committee) and the General Manager.  The full board of directors will be responsible for approval of the allocation of investments. The investments will follow the asset allocation mode as provided in the "Investment Strategies" section of this policy.  The investments shall at a minimum be reviewed and rebalanced annually. 

2.   Mid-Dakota will attempt to maintain an account consisting of otherwise un-obligated funds in an amount not to exceed 25% of the current year annual budget, which account or accounts will be used to manage cash flow and for the day-to-day operations of Mid-Dakota.  It is the goal of Mid-Dakota to invest any un-obligated funds in excess of said amount consistent with the "Investment Strategies" outlined above.

CROSS REFERENCE(S)

____________
Adopted 8/8/95;     Amended 2/14/06, 11/30/07, 6/10/08, 9/14/10.

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Policy Bulletin 117 - Scholarship Program

General Policies

PURPOSE

The Mid-Dakota Rural Water System, Inc., Board of Directors has established this policy to set guidelines for the implementation of the Scholarship Program.

TERMS OF POLICY

A.  OVERVIEW OF THE PROGRAM:

1.  The Mid-Dakota Rural Water System Scholarship Program is a grant program for members of the Corporation.  It is the goal of the program to provide assistance to worthy grant recipients in improving themselves through the pursuit of higher education.

2.  The program is sponsored and administered by the Corporation and its Board of Directors.

3.  Grant recipients will be selected by a process determined by the Corporation from all qualified applicants.

4.  Four (4) $500.00 grants will be awarded annually at the discretion of the Board of Directors.

B.  ELIGIBILITY AND APPLICATION PROCEDURES:

1.  High School seniors or full-time undergraduate college students, who are members or the children of members of the Corporation or who reside in a municipality that is a member of the Corporation, are eligible to apply for this scholarship.  The applicant must be a student who is enrolled or planning to enroll in a full-time undergraduate course of study at an accredited two-year or four-year college, university, or vocational/technical school located in South Dakota.  The applicant must be a U.S. Citizen.  Previous winners of the grant program are not eligible to apply a second time.  Children and Grandchildren of Corporation's staff and Board of Directors are not eligible.

2.  Application materials are available:
     a.  From area school guidance counselors;
     b.  In the April issue of QOT which is the Corporation's newsletter;
     c.  At the Miller office;
     d.  Or at www.mdrws.com/scholarship_app.

3.  Applicants must submit the following:
     a.  A signed application form;
     b.  Most recent transcript from high school or college;
     c.  Photo to be used for publicity purposes;
     d.  250-500 word essay about what rural water means to the applicant or the applicant's community.

4.  Applications will be accepted from February 1st to the first Monday of April by 5:00 p.m.  Application must be sent or hand-delivered to the Miller office.  The mailing address is:  Mid-Dakota Rural Water System, Inc., Attn. Scholarship Committee, PO Box 318, Miller, SD 57362-0318.

5.  Applications will be rejected if they fail to include required information or are received late.  Rejected applications will not be considered.

C.  SELECTION PROCESS:

1.  All applications will be assembled by the Corporation's Member Services Director.  A copy of each application and accompanying materials will be sent to each member of the Scholarship Committee.  The Scholarship Committee will be comprised of two members of the Corporation's Board of Directors appointed by the Board Chairperson.  Scholarship Committee members will also select Four (4) alternates in the order of first to last in the event that one of the successful applicants cannot attend their college or vocational/technical school.  The Scholarship Committee will inform the General Manager of their selection and it shall be announced to the Board of Directors.

2.  Each applicant will be notified they have either been a successful applicant or that their name was not selected.  Letters will also be sent to the school they are currently attending so a presentation may be made at their awards event.

D.  AWARDS

Each recipient will receive a $500.00 scholarship, paid at the start of the second semester after the grant award.  Full-time undergraduate college recipient may request scholarship payment as early as the start of the first semester but no later than the second semester after scholarship award.  Checks will be sent to the school the recipient is attending.  Recipients are responsible for contacting Mid-Dakota Rural Water System in a timely manner for payment of funds.

CROSS REFERENCE(S)

 

____________
Adopted 4/10/2012; Amended


Policy Bulletin 200 - Water User Fees

Minimum, Rates & Procedures Policies

 

PURPOSE

The purpose of this policy is to establish the fees to be paid by Users for services obtained from the Corporation. These fees are subject to change depending upon, among other things, changes in the Corporation's cost of doing business.

TERMS OF POLICY 

A.  Explanation of fees:

1.  Membership Fee:  A Membership fee as established in Policy Bulletin 204 will be charged to any person or entity who is not at the time of application on the membership roles of the Corporation.  This fee shall be in addition to any other fees required in accordance with the schedule of fees below.

2.  Application Fee:  Except as otherwise provided below, an Application fee, as established in the schedule of fees, will be charged for each hookup requested.  If the hookup will require extraordinary hydraulic studies that will cost more than the standard Application Fee, the Application Fee shall be equal to the actual cost of the hydraulic study.  Refunds will only be given as provided in Policy Bulletin 201.

3.  Capacity Fee:  Capacity fees are determined by the number of "service units", gallons per minute (gpm) or population (or equivalent population) being requested by the applicant.  Regardless of the type of hookup and its designed capacity criteria, the capacity fee shall not be less than one service unit or the equivalent of one service unit.  If multiple service units are requested, the first service will be charged at full price and succeeding service units will be charged at a set rate per each additional unit as established in the schedule of fees.

4.  Aid to Construction (ATC) Fee:  An ATC is an additional sum that may be applied to the hookup fees for an expansion project to lessen the amount of loan needed to finance a particular expansion or add-on User project.  If it's determined that an additional ATC is needed for a project, the fee will be calculated and applied to the hookup fees for that project.  The amounts and methods for assessing an ATC fee shall be in the sole and exclusive discretion of the board of directors.

B.  Connecting as part of a financed expansion project.  The Corporation periodically has access to outside financing from state, federal and other sources to finance construction costs for larger add-on user projects.  These projects typically include large groups of 50 or more Users.  The following rules apply to these projects:

1.  The applicant must sign a Water User Agreement and provide easements and rights-of-way at no cost to the Corporation.

2.  Feasibility:  Service to the applicant must be feasible, taking into account hydraulics, service capacity and total cost.  Determinations as to feasibility shall be made by the Corporation in its sole and exclusive discretion.

3.  Application, Membership and Capacity Fees:  The Corporation in its sole and exclusive discretion will determine the application, membership and capacity fee.

4.  Aid-to-Construction (ATC) Fee:  Pay an ATC Fee if it is determined that an ATC Fee is needed to make a project feasible.  This fee aids in the overall construction costs and reduces the amount of loan funds needed to finance the project.  The amount of the ATC Fee will be determined by the Corporation in its sole and exclusive discretion.

5.  Monthly/Annual Fee:  By making application, the proposed user agrees to pay the monthly/annual debt service and demand charge (if applicable) (aka "minimum bill") for a minimum of 36 months.

6.  Meter Pit:  A meter, meter pit and remoted read-out device will be provided by the Corporation at no additional cost.

C.  Connecting outside an expansion project:  Applicants who wish to connect who are not part of a financed expansion are subject to the following rules:

1.  The applicant must sign a Water User Agreement and provide easements and rights-of-way at no charge to the Corporation.

2.  The applicant must pay all applicable hookup and construction costs.

3.  Service to the applicant must be determined by the Corporation to be feasible, taking into account hydraulics, service capacity and total cost.  All applicable fees are payable prior to commencement of construction.  Monthly charges commence following service installation.

4.  The applicant must pay the applicable Application, Membership and Capacity Fees as set out on the attached Schedule 1.  Existing members will receive a credit in the amount of any membership fees previously paid.

5.  For individual users, a meter, meter pit, mainline connection, serviceline valves, up to 300' extension of pipeline (from main to meter pit) and 15' stub-out from meter pit are all included at no additional cost to the user.  For Special Users, a meter, meter pit, mainline connection and serviceline valve are all included at no additional cost to the User.  A construction estimate will be provided for any additional construction costs chargeable to a Special User.

6.  The following rules govern how construction costs are passed on to Users:

(a) Serviceline Construction:  "Service line" is defined as the line that runs from the metering point (meter pit) to the mainline connection.  Installation of service line will be provided for all Users (except Special users) at a cost per foot as established in the schedule of fees.  Service line construction costs for Class I, II & III Special Users will be computed on an individual basis based on actual cost.

(b) Pipe Bores:  In the event it is necessary to bore under a railroad crossing, a road, into a building, or for any other purposes, boring will be provided for all Users except Special Users at a cost per foot as established in the schedule of fees.  Pipe bores for Special Users will be computed on an individual basis based on actual cost.

(c) Mainline Construction:  For the purposes of this policy, the term "Mainline" means pipeline that generally parallels the public road or right-of-way and typically serves multiple Users.  If it is determined that the User will be required to pay for mainline extension, the cost per foot will be as set out in the schedule of fees.  Mainline construction for Class I, II & III Special Users will be computed on an individual basis based on actual cost.

7.  The Corporation will furnish all materials and arrange all labor and excavation activities.  Final routing determinations will be made by the Corporation.

D.  Future Housing Development Applicants:

The fees for Future Housing Developments are the same as those otherwise established by this Policy Bulletin 200.  In addition, the developer must provide and pay for the necessary service lines and distribution system within the development, and those improvements must be dedicated to the Corporation when construction is complete.

E.  Economic Development and Value Added Agriculture Projects:

The board of directors of the Corporation, in its sole and exclusive discretion, may reduce the fees for businesses, projects or other ventures that present a positive economic opportunity to parts or all of the Corporation's service area and water users within said area.  A positive economic opportunity includes, but is not limited to, businesses, projects or ventures that would use large volumes of water at a desirable "load factor" (use divided by contracted capacity=load factor), would create jobs or would provide added value to the area's agriculture products (examples, ethanol plants, soy bean processing, small grain mills and certain large livestock units).  Nothing in this policy shall be construed to meant that an applicant or user has a right to a hookup fee other than that which is established in this policy bulletin.

F.  Establishment of Payment Plans:

The Manager, at his/her sole discretion, may agree to the payment of fees in installments and with interest.  The terms and conditions of any such plan will also be at the sole discretion of the Manager.

 

CROSS REFERENCE(S) 

PB 201, Refunds & Release from Water User Agreement
PB 204, Billing & Collections
PB 305, Future Housing Developments

____________
Adopted 07/13/1993;     Amended 02/10/1994, 02/11/1997, 06/01/1997, 01/12/1999, 04/02/1999, 02/11/2003, 04/15/2003, 05/09/2006, 06/15/2006, 05/13/2008, 03/10/2009, 06/15/2010, 04/12/2011, 08/09/2011, 4/10/2012, 4/8/2014.

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Policy Bulletin 201 - Refunds & Release from Water User's Agreement

Minimum, Rates & Procedures Policies

 

PURPOSE

This policy establishes the conditions under which a User may be released from his/her contractual agreement with the Corporation and refunds may be granted to the User.

TERMS OF POLICY 

  1. APPLICATION FEES:
    1. Application fees may be refunded if in its sole and exclusive discretion, the Board of Directors finds that a refund, in whole or in part, is warranted either due to a truncated pre-construction process or that special or hardship circumstances exist, or if the Board of Directors finds, in its sole and exclusive discretion, that a refund of the Application fee, in whole or in part, is otherwise in the best interest of the Corporation .
       
  2. CAPACITY FEES:
    1. Capacity Fees will only be refunded if one or more of the following conditions are met:
      1. It is determined by the Corporation that the hookup cannot feasibly be served.
         
      2. Through no fault of the Applicant, circumstances exist that prohibit the Applicant from placing a tap at the location.
         
      3. If the Corporation determines that an "aid to construction" contribution (see PB 313) will be required to hook-up the location.
         
      4. It is determined by the Board of Directors that it is in the best interest of the Corporation to refund the hookup fee.
         
      5. It is determined that the system in whole or in part will not become a reality and the Board of Directors abandons development efforts. In such an event, expenses will be subtracted from capacity fees received, and a prorated share of the remaining balance will be refunded to each member.
         
    2. If the Corporation, at its sole and exclusive discretion, determines that a refund is allowable under subsections (a), (b) or (c) of Section B.1 of this Policy Bulletin, the Applicant shall have the option to:
      1. Ask for a refund of the capacity fee. If a refund is given and it is subsequently determined that the hookup is feasible due to a change of circumstances in the area, the Applicant may sign up for service pursuant to the Rules and Regulations governing "late applicants".
         
      2. Have the Corporation retain the initial capacity and other fees for a period of time determined by the Applicant. If the hookup becomes feasible later, the Applicant may connect to the system without penalty but subject to the Corporation's Rules and Regulations.
         
      3. Request that a livestock tap determined not to be feasible be converted to an otherwise feasible hookup classification. Such a request for conversion must be accompanied by a payment representing the difference between the hookup fee for the conversion type and the hookup fee for a livestock tap (without penalty for late application). Upon approval of a request for conversion, the Applicant shall be subject to all the Rules and Regulations, and subject to payment of all costs and fees associated with that type or hookup classification. If after a conversion the tap is determined to be within an area not to be served, then the Applicant may exercise option (a) or (b) above.
         
    3. In no case will interest be paid on amounts refunded.
       
    4. The Board of Directors, in its sole and exclusive discretion, may release a member from the contractual obligations of a water user agreement if:
      1. The Board of Directors finds, in its sole and exclusive discretion, that special or hardship circumstances exist; or
         
      2. The Board of Directors finds, in its sole and exclusive discretion that the release of the member from the water user agreement is in the best interest of the Corporation.
         

CROSS REFERENCE(S) 

PB 200, Water User Fees:
PB 313, Cost of Service Contribution

____________
Adopted 01/04/1993;     Amended 07/12/1994, 05/13/1997, 05/09/2006, 06/10/2008

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Policy Bulletin 202 - Water Rates

Minimum, Rates & Procedures Policies

 

PURPOSE

Water rates shall be determined and established by the Board of Directors and may be increased or adjusted by the Board from time to time as it deems necessary to meet the financial obligations of the project.

TERMS OF POLICY 

  1. Bills for water service are generally composed of three parts:
    1. A monthly "minimum charge," is normally applied to debt service for the Corporation. There will not be any volume of water included in the monthly minimum charge Nothing in this policy prevents the Corporation from charging "minimum charges" for expenses other than debt service.
       
    2. A demand charge is applied to Special User Contracts to compensate for the cost of normal operations of the system.
       
    3. The water use charge is for actual water used. This charge is independent of and in addition to the minimum and demand charges.
       
  2. Water rates, as adopted, shall be attached to this policy and labeled as an appendix in sequential order for each rate category.

    *Please see the  Water Rates page for current rate information.
     

CROSS REFERENCE(S) 

PB 100, Definitions and Objectives;
PB 101, Duties of Board of Directors

____________
Adopted 01/03/1993;     Amended 05/10/2005, 02/13/2009, 04/10/2012

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Policy Bulletin 203 - Meter Deposit

Minimum, Rates & Procedures Policies

 

PURPOSE 

This policy establishes the Corporation's rules and regulations regarding the requirement of a meter deposit. 

TERMS OF POLICY 

  1. A meter deposit shall be required of all Users subject to this Policy Bulletin 203.  All meters shall be and remain the property of the Corporation.  The meter deposit shall be $100.00.  A Member of the Corporation shall not be charged more than one meter deposit regardless of how many accounts and meters the Member may have. 
     
  2. The meter deposit is refundable.  When a User discontinues water service, the deposit can be redeemed at the Corporation's office, provided all amounts due and owing the Corporation are paid in full.  The Corporation may use the deposit (if any) to offset all or portions of amounts due to the Corporation. 
     
  3. The Corporation shall make the final decision on meter size for all applicants for service.  An oversize meter will not be allowed since measuring capabilities at low flow rates could cause loss of revenue. 
     
  4. The individual in whose name the deposit is paid is responsible for payment of all bills incurred in connection with the service furnished.  In the case of a tenant, the landowner may be notified of delinquency of a tenant's water bill.  If the landowner signed the water user agreement, the owner of the property where the service is located shall continue to be responsible for the bills as provided by the water user agreement.  In the event the User fails to pay the bill, the owner of the property shall remain responsible for the billings at the Service location. 

CROSS REFERENCE(S)

PB 100, Definitions and Objectives
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Adopted 1/4/93; Amended 1/9/01, 12/11/01, 7/8/08, 3/8/11.

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Policy Bulletin 204 - Billing & Collections

Minimum, Rates & Procedures Policies

 

PURPOSE 

All Users of the Corporation's services should recognize that each User has an obligation to pay for products and services received on a timely basis, and that any User who does not do so is passing his obligation on to all other Users.  The Corporation therefore established the following procedures for all Users in an effort to provide equity and fairness to all. 

TERMS OF POLICY

A.  Billing:

  1. The Corporation will generate the monthly billing. The User will read his or her meter, put the reading on the return statement stub and return the stub with payment to the Corporation's office. Bills for water service are composed of two parts: first, a monthly service or base charge and a demand charge (if applicable), also referred to as the "minimum" (no water is provided with the minimum) and the second, a charge for water used. All Users, except Livestock tap Users, will pay a monthly bill for water service. The Corporation will furnish instructions for reporting the meter reading. If the User does not submit a meter reading with a billing statement, the billing clerk may attempt to contact the User by telephone for a reading. If necessary, a second attempt to contact the User by telephone may be made within five business days of the first call. If there is no response or contact cannot be made regardless of the reason, the billing clerk will arrange for an operator to read the meter and report the reading to the billing department. If for any reason it is necessary for an operator to read the User's meter where the Corporation is not at fault, the User will be charged the appropriate "Meter Reading Charge" as established in this policy.
     
  2. Bills for water will be computed in accordance with the Corporation's published rate schedule and will be based on the amount consumed for the period covered by the meter reading. Except where a water User orders Disconnection less than one billing period after reconnection, the minimum bill to such water User for such period shall be equal to the minimum charge for one full billing period's service.
     
  3. Meters shall be read no later than the 1st of each month, and payment must be received by the 21st. If the 21st of the month falls on a holiday, Saturday or Sunday, the next business day will be the due date. If the payment is not received in the Corporation's office by the 21st of the month, the water User will be notified that they are delinquent due to non-payment, that a "late charge" will be added, and that the water service may be Disconnected.
     
  4. Water Users who are classified as Livestock Users shall pay their bill on an annual basis. Livestock Users will be billed on or before October 31st of each year for their previous 12 months' water usage and the next year's minimum and demand charge (if applicable). Meters will be read annually by Corporation staff on or near October 1st for water use calculation. Payment will be considered delinquent if not received in the Corporation's office by November 21st. If payment is not received by November 21st, a late charge will be assessed and the User will be notified they are delinquent due to non-payment and the water service may be Disconnected.
     
  5. Following the construction of any water tap, said water User shall be notified in advance of the time water service will be available. The charge for service commences on the date provided in the notice whether any water is used or not. If water is available for less than a complete billing period, the bill will be computed on the same basis except that minimum service charges shall be pro-rated.
     
  6. If it is necessary for the Corporation's staff to personally read the meter for purposes of a final billing, a "meter reading charge" may be added to the final bill.


B.  Fees and Charges:

  1. The Corporation will impose the following charges in addition to any amounts that may be due for water service or minimum monthly service charges:



Late Charge $10.00  
Meter Reading Charge 25.00  
Collection Fee 25.00  
Reconnect Fee (during hours) 50.00  
Reconnect Fee (after hours) 100.00  
Insufficient funds check, drafts or ACH payments Max. allowed by law
  1. The late charge will continue to accrue on a monthly basis, up to a maximum of $300.00, until the delinquent amount is paid in full or the account is Disconnected or Deleted. This amount must be paid in addition to all delinquent bills prior to service being restored.
     
  2. If the owner or tenant requests reactivation of service at a location where water service has been Disconnected due to non-payment, the reconnect fee shall be as set forth in Paragraph B.1 above, deposits and other fees may apply as they are deemed applicable.


C.  Active (not disconnected) Delinquent Accounts Procedures:

  1. All accounts for which payment is due on a monthly basis from which payment has not been received by the 21st of the month may be disconnected on or anytime after the 1st of the following month.
     
  2. Livestock Users may be disconnected if payment is not received in the Corporation's office by December 1st. A notice will be mailed on or before November 21st to those who have not yet paid reminding them of the due date, the addition of late fee and the disconnect provisions of this policy bulletin.
     
  3. Prior to disconnecting service, the Corporation may make the following reasonable efforts to contact in any User who is delinquent:

 

  • Mail delinquency notice with pending disconnection date.
  • The Corporation may attempt a telephone call prior to disconnection.
  • Corporation's Operators will be notified of disconnect date.
  • Corporation's Operators may attempt to collect payment if User is home before disconnecting service at which time a "Collection Fee" as provided above may be added to the bill.
  • If payment is not collected, service may be disconnected.


D.  Disconnected Delinquent Accounts Procedures:

  1. If it is necessary for the Corporation to disconnect service for non-payment, then all service to the User that is delinquent (wherever located) may be disconnected.
     
  2. If after ten (10) days payment has not been made on the account the Corporation may send a "Final Bill" to the User. The final bill will include all amounts owed to the Corporation and the User will be notified that reconnection will only be made in accordance with the terms for reactivation of a deactivated service provided in Policy Bulletin 205. In addition to any charges for reactivation in Policy Bulletin 205, the User may also be charged for additional "late" fees as provided above for any amount(s) not timely paid in the final bill.
     
  3. Service or services may not be reconnected until all delinquent amounts, including any appropriate fees (e.g., monthly service charge, late charges, meter reading charges, reconnection charges, etc.) have been paid or suitable arrangements have been made for payment.
     
  4. If after 30 days from the date appearing on the "final bill" the bill has not been paid in full, the Corporation may send a demand letter to the User, explaining that the User is still delinquent and that the Corporation may resort to other means and remedies to collect the amounts due. Remedies may include, but are not limited to:
    1. Periodic calls or written demands for payment by Corporation staff or authorized representative.
       
    2. Offset of amounts due the Corporation by any deposit previously paid by the User and still held by the Corporation.
       
    3. Courts of law, including but not limited to: Small Claims or Circuit Court. The Corporation may thereafter utilize any collection remedy allowed by law or court action including but not limited to, execution on the judgment and garnishment of wages. The Corporation reserves its right to file claim against any and all amounts lawfully due to the Corporation. When determining whether to file a claim in a Court of law, Corporation staff or their representatives may consider the following:
      • Amount due to the Corporation.
      • Apparent cost of legal action.
      • Likelihood of prevailing in a law suit.
      • Likelihood of collecting the judgment.

 

5. The Corporation may allow a User to pay off an amount owed to Mid-Dakota over a period of time upon terms acceptable to the Corporation.  At a minimum, the following terms shall apply.  The User must keep any other account or amounts due to the Corporation current while paying the delinquent amount owed.  The amount owed must be paid in full over a term of not more than twelve months.  The amount owed will bear interest at a rate of not less than 1 1/2% per month (18% annually).

 

6. If any User is delinquent on the payment of a billing for more than 90 days, the Corporation may place the billing into collection status. In the event any billing is submitted to a collection agency or attorney for collection, all amounts then owed to the Corporation will be included in any such collection action, including amounts not yet 90 days past due. In addition, to the fullest extent allowed by applicable law, the Corporation will seek payment of its costs of collection, including reasonable attorney fees.
 

7. Anything in this or any other Policy Bulletin to the contrary notwithstanding, the billing department, after consultation with the General Manager, may take any action deemed necessary and appropriate to deal with customers who are chronically late in the payment of billings. Such actions may include, but are not limited to, Disconnection, Deletion and/or turning over the account for collection. No service will be Disconnected for late payment unless the Corporation has made the attempts to contact the User outlined above in paragraph C.3. A "chronically late" User is one whose billings are paid late two or more months in a row or four or more months in any one calendar year.

 

E.  Insufficient Funds Check Procedure:

  1. The Corporation shall use whatever means available to it to effectuate recovery of bad checks received for payment of water bills, material and supplies or any other services performed by the Corporation. Such accounts will be treated as delinquent accounts and a returned check charge will be added to the total amount due on returned checks.
     
  2. The writer of any insufficient funds check will be given notice in writing or by telephone that the check is insufficient and that their account is delinquent.
     
  3. If a User has more than three checks returned in a six-month period, the Corporation may require that future payments be made in cash, cashier's check, money order or bank draft.
     
  4. The Corporation may refuse personal checks for payment of amounts due from water Users who have established an unreliable payment record; or the Corporation may require a security deposit (which will not accrue interest) in an amount approximately equal to three months' average bills. The Corporation reserves the right to check credit references before accepting applications for service, renewing service or to continue water service.
     
  5. If a User that has paid a deposit fails to make prompt payment to the Corporation of amounts due, service may be Disconnected and accrued charges deducted from the deposit with the balance, if any, refunded to the User.
     

F.  Charging Off Bad Debts:

  1. The General Manager may charge off any account with a balance due of $500.00 or less which he deems uncollectible and/or has been placed in collections status to the bad debt account of the Corporation. Accounts with balances over $500.00 may only be charged off with the consent of the Board of Directors. The General Manager from time-to-time, but at least annually, shall review bad debt accounts with the Board of Directors and if appropriate recommend the charge off of bad debt account in excess of $500.

 

G.  Other Fees:

  1. A Processing Fee of $50.00 shall be charged when an account is transferred to a new User and/or as a minimum charge for changing the classification of an account, but only if the change results in no change of design capacity or a decrease in design capacity. The Processing Fee shall be used to help defray any costs incurred by completing the transfer. Immediate family member (for example, husband, wife and children) of current User shall be exempt from Processing Fee.
     
  2. A Membership Fee of $200.00 will be collected as applicable pursuant to Paragraph J of Policy Bulletin 302. Immediate family member (for example, husband, wife and children) of current User shall be exempt from Membership Fee.

 

CROSS REFERENCE(S) 

PB 200, Water User Fees; PB 202, Water Rates; PB 203, Meter Deposit; PB 205, Deactivation of Service; PB 302, Application for Service;

 

 

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Adopted 01/04/1993; Amended 09/09/1997, 08/13/1998, 09/14/1999, 12/11/2001, 10/14/2003, 04/12/2005, 05/10/2005, 03/13/2007, 03/11/2008, 06/10/2008, 01/13/2009, 03/10/2009, 05/11/2010, 08/10/2010, 03/08/2011, 06/11/2013.

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Policy Bulletin 205 - Deactivation Of Service

Minimum, Rates & Procedures Policies

 

PURPOSE

The purpose of this policy is to establish rules applicable to the deactivation (by either Disconnection or Deletion) and reactivation of a service whether by a User's request or by action of the Corporation. Through this policy, Users are given notice of the steps necessary to remain a customer in good standing with the Corporation.

TERMS OF POLICY

A. Applicable To All Users:

  1. Service Disconnected for nonpayment of bills shall be restored only after bills are paid in full (including the accumulated monthly minimum bill since the date service was terminated); any requested deposits are paid and reactivation charges, in the amount established in the rate schedule, are paid for each meter reactivated; and only if the capacity to serve exists at that time, as determined by the Corporation, based upon hydraulic capacity. Upon termination of service the User forfeits his/her membership in the Corporation and rights to water service at the meter location in question. (For rules concerning termination of service for nonpayment of bills, see PB 204)
  2. When water service is Disconnected or Deleted at the request of the User, by virtue thereof, the User resigns his/her membership in the Corporation and rights to water service at the meter location in question. Any subsequent application for water service at that meter location will be considered and treated as a new membership application. The location will only be served if it is determined that capacity exists to serve the location, the applicant signs a new water user agreement, and the applicant pays the following fees:

 

a. If the applicant previously deactivated the hookup at that location, unpaid minimum bills accruing from the date of deactivation or $300.00, whichever is less. New owners of the service location will be required to pay a reconnect fee as provided in PB 204 section B.1;
b. Reconnection and transaction fees in the amount established in the rate schedule; and
c. Meter deposit in the amount established in the rate schedule if there is not an already existing deposit for this location with the Corporation.
d. Construction costs for installation of facilities needed to service the account.

3. The Corporation reserves the right to Disconnect service, on a temporary basis or Delete service on a permanent basis, without notice, for the following additional reasons:

a. To prevent fraud or abuse.
b. User's willful disregard of the Corporation's rules.
c. Emergency repairs.
d. Insufficiency of supply due to circumstances beyond the Corporation's control.
e. Legal processes.
f. Direction of public authorities.
g. Strike, riot, fire, accident, or any unavoidable cause.
h. To prevent system contamination through an unintentional or intentional cross-connection.
i. If the User is in default upon any indebtedness owed to the Corporation, whether resulting from water use or otherwise.
j. If the User tampers with a meter or refuses to allow an inspection of the Corporation's facilities located on the User's property.

4. A User may choose to Idle an account if they desire that water service be shut off at the service valve or the meter, but continue to keep the account active for purposes of corporate membership and hydraulic capacity. The User must continue to pay the minimum bill during the time the service is Idle. All deactivation and reactivation fees and procedures will apply to a User requesting an account to be Idled (See PB 204).

 

B. Applicable To Tenants Only:

  1. When service is permanently deactivated and all bills paid, the meter deposit, if any, will be refunded.
  2. Upon Disconnection of service for nonpayment of bills, the deposit will be applied by the Corporation toward settlement of the account. Any balance will be refunded to the User, but if the deposit is not sufficient to pay the unpaid balance, the Corporation may commence appropriate collection proceedings.

CROSS REFERENCE(S)

PB 203, Meter Deposit;
PB 204, Billing & Collections;
PB 307, Change of Occupancy/Transfer of Membership.

____________
Adopted 1/4/93; Amended 2/12/02, 5/9/06, 3/13/07, 3/8/11, 06/11/2013.

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Policy Bulletin 206 - Complaints and Adjustments

Minimum, Rates & Procedures Policies

 

PURPOSE 

This policy establishes the Corporation's procedures in the event of a User's disagreement as to the accuracy of the User's water meter. 

TERMS OF POLICY 

  1. If a water User believes a meter reading to be in error, the User shall present a claim at the Corporation's office before the bill becomes delinquent.  Such claim, if made after the bill has become delinquent, shall not be effective in preventing Disconnection of service, as otherwise provided.  The water User may pay such bill under protest and said payment shall not prejudice his claim.
  2. Meters will be tested at the request of the water User upon payment to the Corporation of the actual cost to the Corporation of making the test; provided, however,  that if the meter is found to over- or under-register beyond 3 percent of the correct volume, no such charge will be made.
  3. Without written authorization, the water User shall not break any meter seal.  The Corporation may test or cause to be tested a meter with a broken seal.  The water User may be subject to pay the actual cost to the Corporation of making such test.
  4. In the event a dispute arises on an issue other than meter reading, it shall be first brought to the attention of the Corporation's General Manager.  If the General Manager cannot resolve the dispute, the water User may bring the claim before the Board of Directors.

________________
Adopted 1/4/93; Amended 6/10/08, 06/11/13.


 

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Policy Bulletin 207 - Charges for Services

Minimum, Rates & Procedures Policies

 

PURPOSE 

This policy establishes charges for certain services offered by the Corporation . 

TERMS OF POLICY 

The following rates will be charged for services provided by the Corporation's office: 

A.      Copies 

$0.25 per copy if done by Mid-Dakota Staff
$0.15 per copy if done by other than Mid-Dakota Staff
$0.15 per copy for Civic & Non-Profits if done by Mid-Dakota Staff
$0.10 per copy for Civic & Non-Profits if done by other than Mid-Dakota Staff
$0.02 per copy for duplexing (front and back) in addition to preceding charges
* (75%) of rate if they supply their own paper (rounded up to nearest whole #)
* (50%) of rate if they supply paper and toner (rounded up to nearest whole #)
All colored copies will be charged at 3 times the above rates. 

B.      Service Call 

If the service call is the result of a problem that is the fault of the User and that can be repaired within one (1) hours time, the charge for labor only shall be as follows: 

$40 for the first hours time (during office hours)
$20 per hour for anything over one (1) hours time (during office hours)
$60 for the first hours time (after office hours)
$30 per hour for anything over one (1) hours time (after office hours) 

C.      Mileage 

Car/Pickup            Maximum rate per mile allowed by the United States Internal Revenue Service (IRS) (For purposes of individual income tax deductions)

Service Pickup      Maximum rate per mile allowed by the United States Internal Revenue Service (IRS) (For purposes of individual income tax deductions)

All Terrain             $ 10 per hour 

D.      Per Diem for Meals 

$10 per four (4) hour period, when working away from employee's work station. 

E.       POSTAGE 

To be billed at cost. 

F.       CONSULTANTS 

To be billed at cost (unless otherwise agreed). 

G.      MEETING ROOMS     

$25 per day, and only if available ($0 if Civic or Non-Profit Organization, director or employee of Mid-Dakota). 

The Manager or the Manager's designee, in his or her sole and exclusive discretion, may establish other charges as deemed necessary.  If more than one charge may apply, the Manager or the Manager's designee shall have the sole and exclusive authority to determine which charge or charges apply.

________________
Adopted 4/13/93; Amended 7/14/98, 3/14/00, 1/9/01, 6/10/08.


 

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Policy Bulletin 300 - Types of Water Users
Operations & Procedures Policies

PURPOSE 

This policy establishes classifications of water users. 

TERMS OF POLICY 

  1. General:  The Corporation will maintain water user lists in its files. Water user services shall be classified according to the type of water user hookup.  All changes in water user service type must be processed through the Corporation's office.  The types of water user service currently classified by the Corporation are: Residential, Rural Household (High Consumption), Livestock, and Special Bulk.  
  2. Residential: A single unit water user hookup to a single family dwelling, place of business or other approved service location.  A Residential hookup may be located within or without the limits of a recognized municipality.  With approval of the Corporation, certain family businesses or other special circumstances may qualify for service to a household and separate building through 1 meter.  Water use at said hookup shall be restricted to household, lawn watering and livestock use. 
  3. Rural Household: A two, four or six unit water user hookup to a single family dwelling, place of business or other approved service location not within the limits of a recognized municipality.  Multiunit Rural Household classification is intended and restricted to Users who periodically use 33,000 gallons of water per month or more and operate a farmstead with multiple buildings and/or have need to water livestock capable of consuming more than 20,000 gallons of water pre month.  Water for agricultural spraying, lawn watering, gardening, tree and shrub growing and other atypical agricultural purposes are not sufficient reason for multiunit classification.  With approval of the Corporation, certain family businesses or other special circumstances may qualify for service to a household and separate building through 1 meter.    
  4. Livestock:  A metered water user hookup which is restricted to livestock use.  The User is responsible for all costs of construction relating to providing service to the hookup. 
  5. Special Bulk: Any metered water user hookup which cannot be adequately served by a standard (5/8" X 3/4") meter assembly and places special demands on the system will be provided service based on a water purchase contract.  The following are examples of "Special" hookups: recognized towns with municipal distribution systems, rural water systems, feed lots, motels, car washes, filling stations, dairies, laundromats, multiple housing facilities, mobile home and trailer courts, factories, schools, and colonies. 
  1. Class I Special User:  Those special Users who provide their own storage and pressure and maintain wells for peaking needs.
     
  2. Class II Special User: Those special Users who provide their own storage, have all water needs provided by the Corporation. 
     
  3. Class III Special User: Those special Users for whom the Corporation supplies all the water and storage and pressurizes an existing distribution system.

 CROSS REFERENCE(S) 

PB 305, Future Housing Developments

________________
Adopted 1/4/93; Amended 1/9/01, 2/12/02, 4/15/03, 6/10/08, 3/10/09, 7/14/09.


 

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Policy Bulletin 301 - Classes of Applicants
Operations & Procedures Policies

PURPOSE 

This policy establishes classifications of applicants for service.   

TERMS OF POLICY 

  1. General.  Applicants for service shall be classified according to the date of application and the circumstances surrounding their application.
     
  2. Initial Applicant: An applicant who makes application prior to the sign-up cutoff date. 
     
  3. Late Applicant: An applicant who makes application after the sign-up cutoff date and who had the opportunity to make application prior to the sign-up cutoff date. 
     
  4. Subsequent Applicant: An applicant who, through no fault of his/her own, could not have made application prior to the sign-up cutoff date and who makes application after the sign-up cutoff date.  Normally, this class shall be limited to applicants who purchased the property shown on the application or, in case of household hookups, those who construct a new dwelling after the sign-up cutoff date and who make application within one year of purchase or construction.
     
  5. Post Construction User:  An applicant who makes application after initial construction is completed in the service area.  This applicant is responsible for all fees associated with hookup for service and cost of construction. 
     
  6. Tenant Applicant: An applicant who applies for service at a water user hookup for which there is already a membership owned by the landowner. 

Future Housing Development Applicant: An applicant who applies for service for a Future Housing Development.  Application for water service for future housing developments shall be considered based on the developer paying the Corporation, in advance, the estimated cost of providing service to the development, as provided in Policy Bulletin 305.

 CROSS REFERENCE(S) 

PB305, Future Housing Developments

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Adopted 1/4/93; Amended 6/10/08, 3/10/09


 

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Policy Bulletin 302 - Application for Service
Operations & Procedures Policies

PURPOSE 

This policy establishes the Corporation's procedures pertaining to applications for service. 

TERMS OF POLICY 

  1. The Applicant will make application for service, in person, at the office of the Corporation or at a place designated by the Corporation on forms provided by the Corporation and pay the required fees and charges.
     
  2. The Corporation may reject any application for service if: 
  1. Service is not available under the standard rate (pasture taps, out of service area, etc.);
  2. Excessive service cost is involved;
  3. The service may affect the supply of service to other water Users;
  4. For other good and sufficient reasons as determined by the Corporation which shall be communicated to the Applicant.
  1. The Applicant must grant the Corporation all easements reasonably deemed necessary by the Corporation.  Refusal to grant an easement shall make the Applicant ineligible for service.
     
  2. Applications for service to certain civic, religious and emergency service organizations may be accepted and placed in the classification that most closely resembles their water use.  Generally, these Applicants will be classified as "Livestock Users" and shall be subject to the same conditions, except water usage.  Where a structure is involved, used for the purpose of a residence (by way of example; Church Parsonage), the application shall be considered as a Residential Hookup.  Where said User is not adjacent to existing main pipelines, the hookup will be classified as a Residential Hookup.  Where said User is located within a community served as Residentials, the Hookup will be classified as a Residential hookup.  The following are examples of organizations that may qualify to apply pursuant to this paragraph:   
  1. Rural Church 
  2. Rural Cemetery  
  3. Rural Fire Hall 
  4. Rural Civil Training Facilities (By way of example, Police Firing Range)                
  1. The Corporation may reject any application for service when the Applicant is delinquent in payment of bills incurred for service previously supplied at any location.  When the premises of the owner have been served water, and have not paid for the service, the Corporation shall not be required to render service to anyone at said location where the water was used until said water bill has been paid or until satisfactory arrangements have been made.  Pursuant to this Policy Bulletin, unpaid charges run with the land and with the User.
     
  2. In the event of a violation of any of the provisions of this Policy Bulletin relating to applications for service, the Corporation may, at the expiration of seven days after mailing a registered notice to the last known address of the water User, remove the meter and disconnect service.  If the meter is thereafter reinstalled, the water User shall pay to the Corporation a Reconnection Charge prior to service as established in PB 204.
     
  3. No person shall be considered for service whose water user connection point is outside the service area until after completion of initial construction, and then only provided adequate capacity exists. 
     
  4. After the project's initial construction, additional applicants for service shall pay a non-refundable fee in the amount established in the Rate Schedule to cover engineering costs for determining feasibility and water availability (see PB 200). 
     
  5. Initial applicants for service at a location for which the Corporation has paid or will pay for mainline extension and service lines shall execute an Initial Water User Agreement requiring them to pay an amount equal to 36 times the "minimum charge" once water is available for use by the water user.  Applicants at locations for which the cost of construction or the initial 36 months' "minimum charge" has been paid shall execute a Water User's Agreement.  All Applicants shall agree to faithfully abide by the Articles of Incorporation, Bylaws and Rules and Regulations of the Corporation as a condition of membership and in consideration for the services provided for by the Corporation.  All Applicants, as a part of the application, shall agree to allow the Corporation all rights-of-way, easements, and such access to the property of the Applicant as is reasonable and necessary to provide service to the property of the applicant and other Users of the system. 
     
  6. If the applicant for service is paying a Hookup Fee to the Corporation and/or is already a Member of the Corporation, no additional Membership Fee will be payable.  If the applicant for service has not previously paid a Hookup Fee to the Corporation, the applicant must pay a Membership Fee in the amount set out in Policy Bulletin 204.

CROSS REFERENCE(S) 

PB 200, Water User Fees; PB 204, Billing and Collections

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Adopted 1/4/93; Amended 5/9/00, 3/19/02, 5/10/05, 3/13/07, 6/10/08, 3/10/09


 

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Policy Bulletin 303 - Extension of Mainlines
Operations & Procedures Policies

PURPOSE 

 This policy establishes the Corporation's procedures for processing applications for Post Construction hook-ups involving the extension of Mainlines. 

TERMS OF POLICY 

  1. Mainlines will only be extended for Household and Special water user hookups. The Corporation reserves the right to make the final determination as to whether or an application for service will be approved.
                   
  2. The User must make formal application for service (payment of the application fee must be made at the time of application, but hook-up fees will not be necessary unless it is agreed to extend mainline and service line pursuant to section C below).  The Corporation's contribution for Mainline extension costs shall be determined at the time of application.  The Applicant must contribute the difference between the actual cost of the Mainline extension and the Corporation's contribution, in addition to the other payments required.
     
  3. In the event the Corporation does not have funds available to make its Mainline extension contribution, it may agree to extend service provided the Applicant agrees to deposit the total cost of the extension with the Corporation.  In such case, the Corporation may, as funds become available, return to the Applicant that portion of the Applicant's deposit that is equal to the Corporation's Mainline extension contribution. No interest will be paid on such deposits nor will the Corporation's obligation be paid through reductions in other charges. 
  1. The Corporation shall maintain a list of Applicants who would have otherwise qualified for extension of Mainline as established pursuant to this Policy Bulletin.  Said list shall include those Applicants who wish to proceed and agree to pay for all or part of a Mainline extension and those who choose not to proceed at the time of application but wish to reserve their right to reapply should funds for Mainline extension becomes available. 
  2. In those instances where an Applicant chooses to pay for all or a portion of a Mainline extension and subsequently another person makes application for service along the same Mainline, the subsequent Applicant will be required to pay a pro-rata share of the Mainline extension cost and this pro-rata share will be refunded to the Applicant who previously made the Mainline extension payment. 
  3. If funds later become available for the purposes of Mainline extension, the Corporation, at its sole and exclusive discretion, may make (to Applicants on list set forth in Section C (1)) a contribution for Mainline extension as set forth in Section B.  Those who previously paid for all or part of a Mainline extension (including pro-rata shares as their interest may appear) will be given first consideration for reimbursement.  In cases where the property has been sold, reimbursement, if any, will be made to the current owner. 
  4. Reimbursement for Mainline extension to any Applicant cannot exceed the actual cost of said extension.  No interest or inflationary factors will be considered or paid by the Corporation.  
  5. Application and hookup fees will be those in effect at the time of construction or those in effect at the time of initial application as set forth in Section A above, whichever is less. 
  1. In those cases where extension of standard Mainlines proves to be too costly or capacity is not adequate, the Corporation may authorize service on a "constant-flow" basis.  The charges for service using constant-flow valves of varying sizes will be negotiated with the Corporation.  The Applicant must provide a proper cistern or reservoir with appropriate backflow and overflow (float shut-off) protection.  It will be the responsibility of the Applicant to re-pressurize the water delivered through the constant-flow valve.  Water user hookups on such extensions shall be classified as Special.
     
  2. In those cases where capacity is not adequate to provide service at the location desired but is adequate to provide service at a different location (generally at a lower elevation than at the desired location) which is on the same parcel of land, the Corporation may authorize service at the latter location.  If the Applicant desires to pipe the water to higher elevations than where the meter is located, it will be the responsibility of the Applicant to provide a properly designed booster pump system.  Where the Applicant uses a booster pump, the Corporation will substitute a constant-flow valve for the pressure-reducing valve in its meter pit.  The capacity of the constant-flow valve shall be based on the classification of the hookup.

 CROSS REFERENCE(S)

_______________
Adopted 1/4/93; Amended 12/8/98, 6/13/00, 6/10/08.


 

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Policy Bulletin 304 - Temporary Service
Operations & Procedures Policies

PURPOSE 

This policy establishes the Corporations policy and procedures relating to applications for temporary service for construction or other purposes.   

TERMS OF POLICY 

  1. Temporary Service is service approved and supplied by the Corporation which lasts ninety (90) days or less.  The Corporation may in its sole and exclusive discretion allow service to continue beyond the ninety (90) day limitation. The Corporation may extend temporary service through standard facilities and equipment, or if deemed appropriate, through system appurtenances such as  hydrants or clean-outs.
     
  2. The Corporation may supply service for temporary purposes, provided the Corporation, in its sole and exclusive discretion, determines it has water available in excess of regular needs, and provided the Corporation has available material and equipment necessary to supply temporary service.  The applicant must provide proper protection for the Corporation's facilities, including but not limited to backflow or siphon prevention devices for any situation or water use that would suggest or require the wise application of said device.  Where backflows or siphon is a concern, the Corporation reserves the right to require a physical break between the water system and the Applicant's attachment.   The Applicant will at all times comply with applicable laws, including the South Dakota Plumbing Code.  The Corporation may discontinue service at any time if it determines in its sole and exclusive discretion that the quality of service and/or the water supply to any of its customers is affected in a manner and to a degree that is unacceptable to the Corporation.  Each Applicant for temporary service must pay in advance to the Corporation the estimated cost of labor and materials, less salvage value on removal, for installing and cost of removing such service at the rates established by the Corporation for the classification of use. 
     
  3. Whenever practical, the Corporation will install a flow-rate control device and a meter at the point of diversion for the temporary service.  The flow-rate control device will be set for an agreed-upon maximum rate of flow, which rate of flow (expressed in gallons-per-minute) will be the determining factor in establishing the "demand" portion of the temporary service rate provided below.  If the application of a flow-rate control device and/or meter is not possible, the Corporation and the Applicant shall agree upon an appropriate demand charge and/or method for computing water use.
     
  4. The rates and charges for temporary service are as follows: 
  1. Service Call Charge: As provided in to Policy Bulletin 207. 
  2. Demand Charge: Gallons-per-minute (i.e., flow-rate control setting) multiplied by 0.02 (2%) of the Demand Charge for Class I & II Special User = Daily Demand Rate.  The Daily Demand Rate is then multiplied by the number of days during which temporary service is provided. 

Water Charge: shall be the same rate per thousand gallons as that charged for a Livestock Tap.  

CROSS REFERENCE(S)

PB 202, Water Rates; PB 207, Charges for Services
_______________
Adopted 1/4/93; Amended 3/14/06, 6/10/08.


 

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Policy Bulletin 305 - Future Housing Developments
Operations & Procedures Policies

PURPOSE 

The purpose of this Policy is to establish the terms and conditions upon which the owners of housing developments may obtain water services from the Corporation.   

TERMS OF POLICY 

  1. Applicants planning a Future Housing Development that desire a guarantee of  future access to the Corporation's System must pay the following: 
  1. The fees established in Policy Bulletin 200, but the "Capacity Charge(s)" shall be multiplied by four for each lot or service requested by the applicant.
  2. The cost of any pipeline, connectors, pumping stations, tanks, valves and other appurtenances constructed for the sole purpose of delivering water to the Future Housing Development from a delivery point designated by the Corporation. 
  1. High consumption hookups will not be allowed on property where there is no residence or business.
     
  2. The developer will provide the necessary Service Lines and distribution system within the development.  Said improvements shall be dedicated to the Corporation when construction is complete. 
     
  3. Persons purchasing homes within the development must become individual members of the Corporation.  The liability of an individual home purchaser for monthly minimum bills shall commence upon the availability of water to the User's location, regardless of whether the tap is turned on or water is actually used.  Charges to each individual purchaser for water use shall commence upon the use of water. 
     
  4. The applicant must provide copies of the plans and specifications for the Service Lines and distribution system within the development to the Corporation for review to determine if the plans and specifications conform to the Corporation's standards and are compatible with the remainder of the Corporation's System.  The applicant must also provide the Corporation with on-going access to the development before and during construction to determine if construction of the Service Lines and distribution system is in conformity with the plans and specifications as approved by the Corporation.  Approval of plans, specifications or construction activities by the Corporation is solely for the benefit of the Corporation.  Neither the applicant nor any user or other third party may relay any such approval for any purpose.    
     
  5. The applicant must also provide the Corporation with copies of all necessary approvals and permits from regulatory agencies with jurisdiction over the development including, but not limited to, the South Dakota Department of Environment and Natural Resources.  The applicant and all Users must comply with all applicable local, state and federal environmental laws and regulations.   
     
  6. The State of South Dakota Plumbing Code shall be complied with by all Users. 

As used in this Policy Bulletin, the term "Future Housing Development" means a tract of ground which is planned to be or has been subdivided into two or more lots designated for use as single family dwellings.

CROSS REFERENCE(S)   

PB 200, Water User Fees;
PB 204, Billing and Collections;
PB301, Classes of Applicants.
_______________
Adopted 1/4/93; Amended 6/9/97, 2/12/02, 4/12/05, 5/13/08, 6/10/08.


 

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Policy Bulletin 306 - Access to Premises
Operations & Procedures Policies

PURPOSE 

This policy is to establish the Corporation's right to gain access to the User's property for the purpose of providing service to the Corporation's customers. 

TERMS OF POLICY 

  1. Duly authorized agents of the Corporation shall have access, at all reasonable hours, to the premises of the water User for the purpose of installing or removing the Corporation's property, inspecting piping, reading or testing meters, or for any other purpose in connection with the Corporation's service and facilities.
     
  2. Each water User shall grant or convey, or shall cause to be granted or conveyed, to the Corporation a permanent easement and right-of-way across any property owned or controlled by the water User wherever said permanent easement and right-of-way is necessary for the Corporation's water facilities and lines, so as to be able to furnish service to the water User.  No additional consideration shall be payable to the User on account of such easement and right-of-way.  Failure to grant or convey such permanent easement and right-of-way shall be cause  for the Corporation to refuse to serve said consumer.

CROSS REFERENCE(S) 

PB 309, Refused Easements
_______________
Adopted 1/4/93; Amended 8/12/08.


 

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Policy Bulletin 307 - Change of Occupancy/Transfer of Membership
Operations & Procedures Policies

PURPOSE 

This policy bulletin establishes rules and guidelines for changes of occupancy, transfers of membership or capacity and relocation of existing hook-ups. 

TERMS OF POLICY 

  1. Change of occupancy: 
  1. Not less than seven (7) days notice shall be given by the water User to the Corporation's office in person or in writing of a request to discontinue service or change occupancy. 
  2. The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longest. 
  3. Membership, water hook-up and/or capacity, shall remain at the location of the service connection.  Therefore, in the case of property being sold or transferred, the Corporation membership, water hook-up and capacity will remain with the property.  A Member selling property on which a service connection is located shall relinquish his or her membership and claim on the water hook-up and associated capacity in the Corporation.  A Member is not entitled to transfer his membership, water hook-up and/or capacity, to a new property location, except prior to the date set for the bid opening for construction of the Rural Service area(s) involved.  Unless however, such transfer is deemed at the sole and exclusive discretion of the Corporation, to be in the best interest of the Corporation. 
  1. Transfer of Membership or Capacity: 
  1. A Member is not entitled to sell, gift or otherwise transfer his membership, water hook-up or capacity to another member (or prospective member) at a new property location.  Unless however, such sale, gift or transfer is deemed at the sole and exclusive discretion of the Corporation, to be in the best interest of the Corporation.        
  1. Relocating an existing hook-up: 
  1. Properties where the hook-up originated and where the hook-up is proposed to be relocated must be owned by the Member of record for the hook-up in question.  In no instance may the hook-up be relocated more than one and one-half miles (as that distance may appear on a map) from the point of its origin without Board approval.  The party or parties responsible for the hook-up and that request the relocation shall be responsible for all associated costs as provided below in subsection 2.  
  2. Applicable to all hook-up relocations.  The party or parties requesting relocation must provide a written request and plan for the relocation to the Corporation.  The relocation will be subject to a hydraulic review and a determination made as to the hydraulic suitability of the proposed relocation.  If not hydraulically suitable the Corporation will not allow the relocation to the area.  Removal of the existing hook-up will include the physical removal of the meter, meter-pit and remote and may include removal of additional facilities if in the sole and exclusive discretion of the Corporation it is warranted.  The Member of record will be responsible for all costs associated with the removal of a meter pit including any mobilization charges as provided by the Corporation's price lists for such work and as further shown in an "estimate" for the work.  The Member will also be responsible for all costs associated with the relocation of said hook-up.  Relocation costs will include all materials, labor, installation costs and mobilization charges as provided by the Corporation's price list for such work and as further shown in an "estimate" for the work.  A "processing fee" in the amount identified in the Corporation's Policy Bulletin 204 will be charged. 

All fees pertaining to transfers must be paid.

CROSS REFERENCE(S) 

PB 100, Definitions and Objectives; PB 200, Water User Fees; PB 204, Billing and Collections
_______________
Adopted 1/4/93; Amended 2/9/99, 7/9/02, 7/12/07, 8/12/08, 3/10/09.


 

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Policy Bulletin 308 - Crop Damage, Site Acquisition and Eminent Domain
Operations & Procedures Policies

PURPOSE 

This policy establishes the amounts payable for damages to crops and other agricultural land resulting from the construction of certain pipeline and appurtenances and the procedure for site acquisition.  

TERMS OF POLICY 

  1. Crop Damage: 
  1. General.  Damages to grassland and fallow resulting from the original construction of the main transmission pipeline shall be paid as provided in this Policy Bulletin 308. Damages to crops resulting from the original construction of the main transmission pipeline and for the operation of the main transmission pipeline and the secondary main distribution pipeline shall be paid as provided in this Policy Bulletin 308. 
  2. Definition - Main Transmission Pipeline.  "Main transmission pipeline" means pipeline greater than 12 inches in diameter and capable of transporting more than 1,200 gallons of water per minute, laid to line and grade with top soil replacement and compaction, and requiring a right-of-way during construction of 50 to 100 feet, depending upon size.  The Board of Directors may designate any other transmission pipeline as main transmission pipeline if, in its sole and exclusive discretion, it deems such designation  appropriate. 
  3. Crop Damage.  If crops are damaged because of the installation of main transmission pipeline, the owner or owners (as their interests may appear) of the crops shall be compensated based upon that crop year's actual average yield for the field in which the damage occurs, with compensation to be based upon the price of the damaged crop at the time of harvest.  Reasonable harvesting costs shall be deducted from the amount of compensation. 
  4. Damages to Fallow.  Damages to fallow ground will be paid at the rate established by the Board of Directors from time to time. 
  5. Damages to  Grassland.  Damages to  Grassland will be paid at the rate of $25  per acre per year for a period of three consecutive crop years beginning with the year construction commences, provided the owner of the real estate allows the Corporation to re-plant the grass.   
  6. Payment for Appurtenances.  The owner of the real estate upon which the main transmission pipeline is constructed shall be paid $200 for each air release, blow-off, inline valve, and each buried metal vault located upon that owner's real estate.  This amount will be paid in addition to crop, fallow ground or grassland damage, and shall be paid one time only.   Provided, however, if one of these four appurtenances are placed in a cultivated field because they cannot be located along a fence-line, along a crop-line or along any property line and the appurtenance is clearly an obstruction to farming operations, payment shall be the lesser of $2,500 or 50% of the estimated increase in construction costs for relocation of the appurtenance (as provided by the Corporation's Engineer).     
  7. Damages from Continuing Operation.  The Corporation will reimburse the owner or owners (as their interest may appear) for crop damage resulting from the repair, operation and maintenance of main transmission pipeline as well as secondary main distribution pipeline.  The Corporation will only pay crop damage which accrued after that protion of the pipeline has been constructed and is in operation.  This Policy Bulletin does not relieve any contractor which might be deemed responsible for the crop damage as may be provided in contract documents between the Corporation and the contractor.  The Corporation will assist the owner or owners of the crop when making claims against the contractor for crop damages.  Compensation for crop damages shall be based upon that crop year's actual average yield for the field in question, based upon the price of the damaged crop at the time of harvest. 
  8. Determination of Damages.  If the owner or owners and the Corporation cannot agree upon the amount of crop damage, damage to fallow ground or damage to grassland , then such damages will be ascertained and determined by a disinterested person, chosen as follows.  The owner or owners shall appoint one person, the Corporation shall appoint a second person, and a third shall then be chosen and appointed by the appointees of the owner or owners and the Corporation.  The determination of said third person shall be binding upon the owner and the Corporation.  
  1. Site Acquisition. 
  1. The Corporation will negotiate with the owner of the subject real estate to arrive at a mutually acceptable purchase price of sites for secondary pumping stations, pneumatic pump stations, main line pressure- reducing or control valves and water storage tanks.  If the Corporation deems it appropriate, the Corporation will engage the services of a qualified third party to appraise some of the larger sites.  The appraised price will then be used as a base for further negotiations. 
  1. Eminent Domain. 
  1. Nothing contained in this policy shall be construed as a waiver of the Corporation's power of eminent domain.

 

CROSS REFERENCE(S) 

_______________
Adopted 2/9/93; Amended 3/9/93, 9/10/96, 2/11/97, 3/10/98, 11/9/99, 3/19/02, 8/12/08.


 

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Policy Bulletin 309 - Refused Easement
Operations & Procedures Policies

PURPOSE 

This policy establishes the Corporation's procedure when an owner(s) refuse(s) an easement to allow the construction of pipeline and necessary appurtenances for the purpose of providing service to the Corporation's  customers. 

TERMS OF POLICY

  1. In the event the Corporation requests an easement to facilitate the construction of its system, and the owner of the parcel across which the easement is requested refuses to grant an easement, then the following rules apply: 
  1. The Corporation may redesign the affected portion of the system in order to avoid the property over which an easement has not been granted, and the increase in cost necessitated by that change shall be recorded in the records of the Corporation.
     
  2. At such time as water service from the Corporation is requested by the person who owns the parcel on which an easement was refused, then the applicant for service shall be required to pay for the increased construction cost described above, as well as any regularly applicable membership fees and charges for water services. 
     
  3. These rules apply to water service requested on the parcel upon which the easement was refused, as well as the request for service on any other property owned by the person who refused to grant an easement. 
     
  4. The construction cost recapture provisions of this policy shall run with the land and with the person who refused to grant an easement. 
     
  5. In the event that an owner of property grants an easement on certain property but refuses an easement on a different parcel of land, the Corporation in its sole and exclusive discretion may decide if the refused easement warrants application of the rules set out in items A through D of this policy. 
     
  6. In the event that certain construction costs are recaptured pursuant to the provisions contained in items 1 through 4 of this policy, the funds recaptured shall be paid to the party or parties (as their interests may appear) that incurred the cost of increased construction expenses.  If said party or parties are person(s) or entities other than the Corporation, then the Corporation may withhold a reasonable amount from the funds recaptured to defray expenses associated with the collection and/or dispensation of said funds. 
     
  7. In the event a parcel of land subject to the construction cost recapture provisions of this policy is the subject of a bonafide, irrevocable sale, donation or other transfer of fee simple title to a person or entity not otherwise subject to the construction cost recapture provisions of this policy to be used (and actually used) for religious, cultural, educational, charitable or other, similar uses, then the construction cost recapture provisions of this policy may be waived in whole or in part by the Board of Directors in its sole and exclusive discretion.  This section of this Policy Bulletin 309 may in the sole and exclusive discretion of the Board of Directors be applied retroactively. 
     
  8. In the event a person or other legal entity subject to the construction cost recapture provisions of this policy makes a bonafide transfer of real estate to a person or entity not otherwise subject to the construction cost recapture provisions of this policy to be used (and actually used) for religious, cultural, educational, charitable or other, similar uses, then the construction cost recapture provisions of this policy may be waived in whole or in part by the Board of Directors in its sole and exclusive discretion.  This section of this Policy Bulletin 309 may in the sole and exclusive discretion of the Board of Directors be applied retroactively. 
     
  9. The construction cost recapture provisions of this policy shall not be applied retroactively to remove a service location or discontinue service if the construction cost recapture provisions of this policy were not applicable to the real property or real property owner at the time the service location was installed. 
     
  10. Nothing contained in this policy shall be construed as a waiver of the Corporation's power of eminent domain. 

_______________
Adopted 4/5/93; Amended 4/9/02, 9/14/04, 8/12/08.

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PB 311 
IDENTITY THEFT

PURPOSE

The purpose of this policy is to set forth the guidelines for management and staff to use in establishing and maintaining policies and procedures in order to comply with the Fair and Accurate Credit Transaction Act’s guidelines on detecting, preventing and mitigating identity theft.   

TERMS OF POLICY

A.  Introduction:

The Fair and Accurate Credit Transactions Act (“FACT Act”) requires certain institutions that offer or maintain Accounts to develop and implement a written identity theft prevention program (the “Program”) that is appropriate to the size and complexity of the institution, as well as the nature and scope of its activities. The Program must include requires reasonable policies and procedures, staff training, oversight of Service Providers, and oversight by the board of directors.  This policy is intended to establish a Program as required by the FACT ACT.

B.  Definitions:   

1.  Account, a continuing relationship established by a person with the corporation to obtain water or other products or services for personal, family, household or business purposes.  The term “Account” includes accounts owned or attempted to be opened by a business or governmental entity.  The term also includes existing accounts, where a relationship already has been established, and to account openings, when a relationship has not yet been established.

2. Identifying Information, any name or number that may be used, alone or in conjunction with any other information, to identify a specific Person, including any of the following:

a.  Name, Social Security Number (SSN), date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

b. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;

c.   Unique electronic identification number, address or routing code; or

d.  Telecommunication identifying information or access device.

3.  Identity Theft, a fraud committed or attempted using the identifying information of another Person without authority. 

4.  Person, any natural person, business entity or governmental entity.

5.  Red Flag, a pattern, practice or specific activity that indicates the possible existence of identity theft.  Specific examples of Red Flags are set forth below in section C.

6.  Service Provider, a Person that provides a service directly to the Corporation.  

C.  Identification of Red Flags:

As a part of the Program, the Corporation will monitor activity related to Accounts for the detection of the following Red Flags.  The Corporation will periodically update this list as new experiences are encountered.  

A fraud or active duty alert is included with the credit report.

A credit bureau provides a notice of a credit freeze in response to a request for a credit report. 

A credit bureau provides a notice of address discrepancy. 

The credit report or use of the account that indicates a pattern of activity is inconsistent with the history or pattern of activity usually associated with the Person, such as:

A recent and significant increase in the volume of inquiries;

An unusual number of recently established credit relationships;

A material change in the use of credit, especially with respect to recently established credit relationships; or

An account that was closed for cause or identified for abuse of account privileges by a financial institutions or creditor.

Documents provided for identification appear to be forged or altered. 

The photograph, description of the Person, or other information provided as identification is inconsistent with the appearance of the consumer who is presenting the identification. 

Other information on the identification is not consistent with the information provided as identification provided by the Person when the account is opened or by the Person presenting the identification. 

Other information provided is inconsistent with information on file with the Corporation, such as recent bank check. 

An application appears to be altered, or destroyed and reassembled. 

Personal information provided is inconsistent when compared to external information sources, such as:

The address does not match any address in the credit report; or

The SSN has not been issued, or is listed on the Social Security Administration’s Death Master File. 

Personal information is internally inconsistent, such as an SSN that is inconsistent with a consumer’s date of birth. 

Personal information is provided that has also been provided on a fraudulent application.

Personal information that is provided is of a type associated with fraudulent activity, such as a fictitious address (i.e., mail drop or a prison) and an invalid phone number (i.e., pager or answering service). 

The address, SSN, and phone numbers have been submitted by other Persons. 

The Person fails to provide all required information on an application. 

Personal information is not consistent with information on file with the Corporation.

The Person cannot provide authenticating information, other than what would be available from a wallet or credit report.  

An account is used in a manner inconsistent with established patterns of activity, such as:

Nonpayment when there is no history of late or missed payments;

A material increase in the use of available credit;

A material change in purchasing or spending patterns;

An account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors). 

Mail sent to the Person is returned repeatedly as undeliverable even though transactions on the account continue to be conducted.  

The Corporation is notified that the Person is not receiving paper account statements. 

The Corporation is notified of unauthorized charges or transactions in connection with the account. 

The Corporation is notified that it has opened a fraudulent account for a person engaged in identity theft. 

D.  Procedure When Identity Theft is Suspected:

1. When a Red Flag is detected, the Corporation will first determine whether the Red Flag is relevant and does evidence a risk of Identity Theft.  In determining which Red Flags may be relevant, the following factors will be considered:

The type of Accounts involved;

The methods provided to open such Accounts;

The methods provided to access Accounts; and

Previous experiences with identity theft.

2.  The Corporation must have a reasonable basis to conclude that a Red Flag does not constitute evidence of possible Identity Theft before the Red Flag is disregarded. 

3.  When a relevant Red Flag is detected in connection with opening of an Account, the Corporation will obtain and verify information about the identity of the Person opening the Account.

4. When a relevant Red Flag is detected in connection with an existing Account, the Corporation will take appropriate steps to authenticate the transaction, will monitor future transactions involving the Account, and will verify the validity of change of address requests.

5.  If a relevant Red Flag is detected and not resolved with a reasonably-based conclusion that it does not constitute evidence of possible Identity Theft, the relevant circumstances shall be reported to an appropriate law enforcement agency.  Nothing in this Policy shall act to limit reports of Red Flags or other suspicious activity whenever the Corporation deems it necessary and appropriate to do so.   

E. Use of Credit Reports with Address Discrepancies: 

1. When using credit report information, the Corporation will: 

Compare the information in the credit report provided by the credit bureau with the information that the Corporation: 

Maintains in its own records, such as applications, change of address notifications, other member account records; or 

Obtains from third-party sources. 

Verify the information in the credit report provided by the credit bureau. 

2.  The Corporation will notify the credit bureau from which it received a notice of address discrepancy that it believes no discrepancy exists when the Corporation:

Can form a reasonable belief that the report relates to the Person about whom the report was requested;

Establishes a continuing relationship with the Person; and 

Regularly and in the ordinary course of business furnishes information to the credit bureau from which the notice of address discrepancy was obtained. 

3. The Corporation may confirm that an address is accurate by any of the following methods: 

Verifying the address with the Person;

Reviewing its own records to verify the address of the Person;  

Verifying the address through third party sources; or 

Using other reasonable means. 

4. The Corporation will provide the Person’s address (that the Corporation has taken reasonably steps to determine is accurate) to the credit bureau as part of the information it regularly furnishes for the reporting period in which it establishes a relationship with the Person. 

F.  Administration of the Program:

1. The General Manager is responsible for implementing and updating the Program.  Among other things, the General Manager will delegate responsibility for the day-to-day implementation of the Program to the appropriate employees and Service Providers and will appoint a compliance officer to monitor and review implementation of the Program.   

2.  No less often than December 31 of each year, the General Manager shall provide a written report to the Board of Directors that includes, but is not necessarily limited to, the following:

The names of the employees and Service Providers assigned the specific responsibility for the Program’s implementation;

b.  The effectiveness of the Program;

c.   Service Provider arrangements;

d.   Significant incidents of Identity Theft and management’s response to these incidents; 

e.  Changes to the Program implemented by the General Manager since the last report; and 

f.    Recommendations for material changes to the Program; and  

3.  The General Manager is responsible to provide for staff training, as necessary, to effectively implement the Program.  

4.  If a Service Provider is used in connection with Accounts, the General Manger shall employ reasonable steps to ensure that the activity of the Service Provider is conducted pursuant to reasonable policies and procedures that are designed to detect, prevent and mitigate the risk of Identity Theft.  

5.   The Corporation will periodically update its policies, procedures and risk assessment to reflect changes in identity theft risks to members and to the Corporation.  

G.  Oversight of Service Providers:

Whenever the Corporation engages a Service Provider to perform an activity in connection with one or more accounts the Corporation shall take steps to ensure the activity of the Service Provider is conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. 

The Corporation will satisfy this requirement by providing one-time notice that the Service Provider must conduct its operations in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.

H.  Other Applicable Legal Requirements:

The Corporation will comply with other applicable legal requirements, such as:

The requirements of the Fair Credit Reporting Act (“FCRA”) regarding the circumstances under which credit may be extended when fraud or an active duty alert is detected;

The requirements of the FCRA of furnishers of information to credit bureaus to correct or update inaccurate or incomplete information, and not to report information that the furnisher reasonably believes is inaccurate; and  

The FCRA prohibitions against the sale, transfer and placement for collection of certain debts resulting from identity theft.

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PB 312
FIRE PROTECTION:  

PURPOSE

This policy bulletin establishes procedures and protocols for the use of the Corporation’s water for the purpose of fighting fire.  

 TERMS OF POLICY

A. General.

The Corporation’s system is not designed to provide fire protection, either in terms of providing hydrants at locations which might be desirable or in terms of providing for flow rates which may be necessary or desirable for the purpose of fighting fire.  Nevertheless, the Corporation recognizes that its facilities and water may be beneficial for protecting the lives and property of its membership and surrounding communities, and therefore use of the Corporation’s facilities and water for fire protection will be allowed under the terms and conditions established in this policy bulletin.

B. Fire Protection in Rural Areas

1. The Corporation will choose the location for and number of hydrants, blow-offs or other facilities (Facilities) to be used by qualified persons for fire prevention and fire control.  Fire departments may be granted permission to use water from Corporation hydrants, blow-offs and clean-outs for fire fighting.  If the Corporation installs additional hydrants, blow-offs or clean-outs for the purposes of fire fighting, the cost of said additional facilities shall be the responsibility of the requesting agency.

2. All Facilities will be installed, maintained and operated by the Corporation and its employees or other persons deemed qualified by the Corporation.  Where feasible, those Facilities may be equipped with a locking device operable by the Corporation and qualified fire departments.

3. The Corporation will not charge for water used directly for fire fighting activities.

4. Water shall be withdrawn under gravity-flow conditions only.  A suction-type pumper truck shall not be permitted to withdraw water from the Corporation’s pipelines.  All hoses used to draw water shall be equipped with an anti-siphon end fitting.

Before a fire department will be granted permission to use water from the Corporation’s system, that fire department must have on file with the Corporation a Comprehensive Indemnity Agreement in the form required by the Corporation, duly authorized and executed, indemnifying the Corporation from any loss or damage sustained as a result of permitting that fire department to use the Corporation’s Facilities for such purposes.

C. Fire Protection in Municipalities

Any municipality requesting the use of the Corporation’s facilities and water for fire fighting must file a written request with the Board of Directors, which request will be determined by the Board in its sole and exclusive discretion.

2. If it is necessary to oversize pipe or other facilities to provide water for fire fighting purposes, as requested by a municipality, the cost of such over sizing or additional facilities shall be the responsibility of the requesting municipaltity.   

3. The Corporation will not charge for water used directly for fire fighting activities.

4. Water shall be withdrawn under gravity-flow conditions only.  A suction-type pumper truck shall not be permitted to withdraw water from the Corporation’s pipelines.  All hoses used to draw water shall be equipped with an anti-siphon end fitting.

5. The municipality shall be responsible for the purchase of hydrants and for maintenance and replacement of those hydrants.

6. Flow rates are subject to the approval of the Board of Directors in its sole and exclusive discretion.

7. Before a municipality will be granted permission to use water from the Corporation’s system for fire protection, that Municipality must have on file with the Corporation a Comprehensive Indemnity Agreement in the form required by the Corporation, duly authorized and executed, indemnifying the Corporation from any loss or damage sustained as a result of permitting that Municipality to use the Corporation’s Facilities for such purposes.

CROSS REFERENCE(S)

Date Initially Adopted:

06/11/1996

Amended / Revised:

08/12/2008

 

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PB 313
COST OF SERVICE CONTRIBUTION:

 

PURPOSE

This policy establishes the amount of monetary resources the Corporation will devote to the construction of the Service Lines (as defined in PB 314) for "Add-on Users" (as defined below).

TERMS OF POLICY

A. Terms used in this policy bulletin mean:

Initial User: any person or entity (other than a special User) that made application and paid the appropriate fees prior to the advertisement for bids for the applicable initial or expansion construction project contract.

Post Construction User: any person or entity (including special Users) that made or makes application and paid or pays the appropriate fees after the deadline set for Initial Users.

Extraordinary Circumstances: those circumstances in which the Board of Directors, in its sole and exclusive discretion, determines that it would not be in the best interest of the system and its members to devote monetary resources to construct a Service Line to an Initial User.

Cost of Service Contribution: the amount of monetary resources the Corporation will devote to the construction of a Service Line to a Post Construction User.

Equivalent Rural Household: the quotient of the minimum monthly bill for the classification of the proposed hookup divided by the minimum monthly bill for a one-service unit rural household.  By way of example and not limitation, the number of Equivalent Rural Households for a five unit rural household is 2.0.  (Five-unit rural household minimum bill of $68.00 divided by one unit rural household minimum bill of $34.00 equals 2.0.)

Grant Eligible Project: a project for which grant funds are allowed to be used and in fact will be used to defray the associated costs to install service lines and related hardware.

B. Except in Extraordinary Circumstances, the Corporation will provide service with a prorated Cost of Service Contribution to all Initial Users within the project boundaries, subject to restrictions due to availability of grant funds and/or those contained in PB 111(C).

C. The maximum Cost of Service Contribution the Corporation will make for any Post Construction User for any Grant Eligible Project will be an amount per Equivalent Rural Household set by the Corporation prior to or contemporaneous with the construction of a project in which grant funds are proposed to be used.

D. Post Construction Users will be accepted for service on a first-come, first-served basis, subject to the availability of funds for Cost of Service Contributions.  Within a reasonable period of time after the construction contract for the applicable service has been awarded, the Board of Directors will make a determination concerning the availability of funds for service to Add-on Users.

Livestock taps converted to Rural Household taps pursuant to Policy Bulletin 300 (E) shall be considered Post Construction Users.  The Maximum Cost of Service Contribution for a converted livestock tap considered as an Post Construction User shall be equal to 70% of the Cost of Service Contribution provided for above in Paragraph C.

CROSS REFERENCE(S):  PB 111, Corporation Responsibilites and Liabilities, PB 300, Types of Water Users, PB 301, Classes of Applicants

 

Date Initially Adopted:

08/08/1995

Amended / Revised:

10/10/1995

06/13/2000

08/12/2008

 

Everyone pays for their own cost of service so do we need this policy?

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PB 314
DETERMINATION OF RESPONSIBILITY FOR SERVICE LINE COSTS:

PURPOSE

This policy establishes  when a User is responsible for the cost of the service line to his/her property for projects other than a grant eligible expansion project.

TERMS OF POLICY

Terms used in this Bulletin 314 mean:

Mainline: the pipelines generally paralleling public right-of-way and section lines and making up the distribution system of the Corporation.

Service Line: the pipeline running from the Mainline to the Water User Connection Point.

Water User Connection Point: the point at which the water User's private system is connected to the Service Line. 

B. This policy applies only to those applicants who are considered "Subsequent Applicants" or "Late Applicants" as defined in Policy Bulletin (PB) 301 B and C.

C. Any applicant that has not made the appropriate application, paid the necessary fees and otherwise complied with the Corporation’s Rules and Regulations concerning Users prior to the date set for the bid opening for construction of the rural service area serving said applicant, must pay the entire cost of the applicable service line, or the applicant will not be served.

D. The Corporation will make reasonable efforts to notify persons in the project area of the pending deadline or expiration date.  Notification of the expiration date shall appear as a legal ad in the following newspapers: Pierre Capitol Journal, Huron Daily Plainsman, Aberdeen American News, Highmore Herald, Miller Press, Wessington Times Enterprise, Hoven Review, Potter County News, Onida Watchman, and Wessington Springs True Dakotan.

CROSS REFERENCE(S)

PB 301, Classes of Applicants

Date Initially Adopted:

08/08/1995

Amended / Revised:

08/12/2008

 

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PB 315 
PROCUREMENT OR LEASE OF EXISTING WATER SYSTEM:

PURPOSE

This policy establishes the procedures by which the Corporation may procure or lease an existing water supply system.

TERMS OF POLICY

An existing water supply system that desires to have the Corporation assume responsibility for operations, maintenance, administration, billing, capital improvements and/or debt service may be required to satisfy the following conditions prior to entering negotiations for procurement and/or lease by the Corporation.  The following conditions generally apply to those instances where the Corporation is being asked to assume all responsibility for the system including, but not necessarily limited to, the costs associated with major repairs, replacement capital improvements and/or debt service.  The following conditions are not intended to preclude the Corporation from negotiating acceptable terms when asked to consider a lease agreement with an existing system:  for example, a municipal system that desires to lease its system to the Corporation but has agreed to contractual provisions whereby the existing system agrees to fund (or partially fund) major repairs, replacements and/or existing debt.

The existing water supply system must have and provide the Corporation with a satisfactory set of plans and specifications prepared by a professional engineer and, if required by the funding authority, approved by the State of South Dakota and/or the Federal Government.

The existing water supply system must have and provide the Corporation with satisfactory set(s) of record drawings, including all valve ties and construction material submittals, and present the Corporation with data (or sufficient means to collect data) regarding pipeline and appurtenance locations  sufficiently accurate to assimilate the locations into its Global Positioning System (GPS) and Geographic Information System (GIS).

With a few exceptions, the Corporation will only consider requests for procurement and/or lease of an existing system in which the primary method of pipeline construction is the utilization of gasketed joints for pipeline joint connections.  Consideration of existing water supply systems that utilized other construction methods for the emplacement and connection of pipeline will be at the sole and exclusive discretion of the Corporation.

The existing water supply system in cooperation with the Corporation must perform and pass (within allowable parameters established by the Corporation) a pressure test and/or other tests deemed necessary by the Corporation.  Any cost associated with the pressure and/or other tests will be the responsibility of the existing water supply system.

The existing water supply system must make suitable arrangements for the emplacement of meters, meter remotes and meter pits approved by the Corporation.

6. The existing water supply system at the request of the Corporation and/or its agents or consultants, will supply any and all pertinent records relating to operations, maintenance, administration, billing, capital improvements and/or debt service for review by the Corporation.  Failure to provide sufficient data requested by the Corporation may cause rejection of the proposed procurement and/or lease of the existing water supply system.

Nothing in this policy obligates the Corporation to negotiate for, procure or lease any existing water supply system.

CROSS REFERENCE(S)

Date Initially Adopted:

02/10/98

Amended / Revised:

08/12/2008

 

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PB 316 
INSTALLATION OF YARD HYDRANTS AT RURAL HOUSEHOLD HOOK-UPS:

 

PURPOSE

 This policy establishes the terms and conditions under which the Corporation will install yard hydrants.  

TERMS OF POLICY

A. In order for a yard hydrant to be installed at a rural household location, the following conditions must be met:

The User agrees to pay all associated costs of the yard hydrant installation to the Corporation.

The hydrant shall be installed in a location which is accessible to the type of equipment the contractor has on site and which is approved by the Corporation’s personnel.

No additional underground utility crossings are required to install the yard hydrant.

The location is within 25 feet of the service line, between the meter pit and the dwelling.

An approved atmospheric vacuum breaker must be installed on all yard hydrants installed by the Corporation or its contractor and that the User will pay the cost of the vacuum breaker to be supplied by the Corporation and/or the Corporation’s Contractor. It is further understood that if additional measures to provide adequate protection from “cross connection” is recommended or required, to be in compliance with National and State Standard Plumbing Codes, the User will be responsible for any corrective measures needed.

Once installed, the yard hydrant becomes the property of the User and he/she assumes ALL responsibility and liability for the hydrant.

B. Nothing in this policy bulletin shall be construed as a requirement that the Corporation provide or facilitate the installation of yard hydrants.  The Corporation, at its sole and exclusive discretion, may approve or deny the installation of yard hydrants.

CROSS REFERENCE(S)

 

Date Initially Adopted:

05/12/98

Amended / Revised:

08/12/2008

 

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PB 317 
PRIVACY/REQUESTS FOR INFORMATION:

A.  Compilations, lists or other documents containing the names, addresses or other identifying information relating to Mid-Dakota’s former or current non-municipal users or non-municipal user applicants will be kept confidential by Mid-Dakota, and will only be released as follows:

1.  To Mid-Dakota’s officers, directors, management, staff consultants, engineers and attorney;

2.  To contractors or others providing products or services to Mid-Dakota, and then only for those purposes necessary to the provision of the product or service.

3.  To the United States, the State of South Dakota or any other governmental entity; or

4.  To any other person or entity only upon a reasonable showing of need and upon such terms and conditions as determined by the manager in his or her sole and exclusive discretion.

B.  All requests must be in writing and directed to the manager.  Any such request must include a specific description of the information requested and an affirmative statement that the requesting party agrees to pay Mid-Dakota’s costs associated with compiling such information, as set for in Policy Bulletin 207.

C.  Except for the United States, the State of South Dakota or any other governmental entity, persons or entities to whom lists are provided must agree to maintain such lists in a confidential manner.

Cross References

 

Adopted:

 

07/14/1998

 

Amended / Revised:

 

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PB 318
INSTALLATION OF ANTENNAE ON MID-DAKOTA FACILITIES

PURPOSE

 This policy establishes the terms and conditions upon which the Corporation will allow the placement of   antennae on Corporation facilities.

 TERMS OF POLICY

A. Public Service Entities.  It is the policy of the Corporation to allow public and private entities that serve the public interest to use Corporation facilities for antenna placement, provided that those entities pay any costs incurred by the Corporation in connection with such placement.  “Entities that serve the public interest” include, but are not limited to, federal, state, county, tribal or municipal governments; hospitals; law-enforcement agencies and ambulance services.  Costs that the Corporation may incur in connection with the placement of an antenna or antennas on Corporation facilities include, but are not limited to, electrical power, liability insurance, engineering fees and costs of inspection.

B. Not for Profit Corporations or Cooperatives.  It is the policy of the Corporation to allow non-profit entities such as non-profit corporations, cooperatives and unincorporated associations to use Corporation facilities for antenna placement, provided that those entities pay any costs incurred by the Corporation in connection with such placement and an annual rental charge.  “Non-profit entities” includes, but is not limited to, rural electric associations, rural telephone associations and farmer’s cooperatives.  Costs that the Corporation may incur are set out in paragraph A above.  The annual rental charge will be determined by the Board of Directors in its sole and exclusive discretion.

C. For Profit Entities.  The Board of Directors will have sole and exclusive authority to allow “for-profit” entities or individuals to use the Corporation facilities for antenna placement.  This authority includes, but is not necessarily limited to, approval or denial of requests for placement, annual rental charges and any and all contractual terms.  For-profit entities will generally be defined as any entity or individual not meeting the criteria set forth in items A and B above.

D. Agreement for Placement.  No antennas may be placed upon the Corporation facilities until and unless a written agreement is executed by the Corporation and the owner or operator of the antenna.  This agreement must include the following:

1. The description of the Corporation facility upon which the antenna is to be placed.

2. The term of the agreement.

3. The annual rental payment, if any.

4. A release and indemnity agreement in favor of the Corporation.

5. A requirement that the antenna owner or operator obtain all necessary governmental or regulatory licenses or approvals, and that proof of such licenses or approvals be provided to the Corporation prior to installation.  Nothing in this requirement shall act to cause the Corporation to be responsible for the failure to obtain any such licenses or approvals.

6. The antenna owner or operator will be responsible for any taxes associated with placement of the antenna, including contractors excise tax and real property taxes.

7. The owner or operator of the antenna will at its own expense remove the antenna and appurtenances as requested by the Corporation to facilitate maintenance of the Corporation’s facilities.

8. The Corporation may review and accept or reject any proposed plans or specifications for installation.  Nothing in this requirement shall cause the Corporation, its agents, employees or engineers to be responsible for any injury or damage resulting from improper design or installation of any antenna or appurtenances.

E.     Additional Terms.  In addition to the terms set out above in paragraph D, the Corporation may also require the following:

That the antenna owner or operator construct separate structures to house antenna-related appurtenances, such as repeaters.

That the antenna owner or operator make such repairs or upgrades as the Corporation deems necessary to protect the Corporation’s facilities.

F. Right to reject applications.   The Corporation in its sole and exclusive discretion may reject any and all applications to place antennas on Corporation facilities.

CROSS REFERENCE(S)

 

Date Initially Adopted:

04/11/2000

Amended / Revised:

08/12/2008

 

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PB 319 
EMERGENCY OR ACCELERATED CONSTRUCTION HOOK-UP

PURPOSE

This policy establishes the procedures and requirements for the allowance of an emergency or accelerated hookup during the construction of any Corporation expansion projects.  .

TERMS OF POLICY

A.  EMERGENCY HOOK-UP:   If a User provides sufficient evidence that a bona-fide emergency exists and if the Corporation  in its sole and exclusive discretion, determines that it is hydraulically and economically feasible, the Corporation may extend any necessary service pipeline and/or main pipeline, and any related appurtenances, and provide a suitable service connection to the User’s location without requiring monetary compensation beyond that required of Users in the ordinary course of business.  Said emergency hook-up will be considered an “advance feature” of the project under construction or to be constructed.

An emergency shall exist within the meaning of this Policy Bulletin when a water User is in imminent danger of losing an existing source of water or does not have water available at the location sought to be served.  Loss or lack of water at the location must present a significant physical or economic threat to the User, the User’s family, tenants or livestock.  The User must provide evidence, in the form of sworn written testimony or otherwise, that such an emergency exists.  The Board of Directors, in its sole and exclusive discretion, shall determine if an emergency exists and if an emergency hook-up should be provided.

B.  ACCELERATED HOOK-UP:   Accelerated hook-ups may be provided in certain circumstances consistent with this Policy Bulletin.  An accelerated hook-up request is one made because the User desires water service ahead of otherwise-scheduled construction , but no emergency exists as defined in this Policy Bulletin.  The decision whether to provide an accelerated hook-up shall be made by the Board of Directors in its sole and exclusive discretion.

No accelerated hook-up will be made unless the User prior to construction pays all costs associated with the hook-up, including but not limited to, Good Intention Fees, Hook-up Fees (if not previously paid) and all costs associated with construction of pipelines, appurtenances and service connections, including any “over-sized” main pipelines intended to serve future Users.  User will pay for said construction at the actual cost incurred using an “Indefinite Services Contractor” or a “General Contractor” who has an active construction contract with the Corporation.

The User will be reimbursed for a portion of the cost paid by the User for the accelerated hook-up.  The amount to be reimbursed will be determined based on the cost that would otherwise have been incurred by the Corporation in serving the User, based on the bid schedule of the General Contractor to whom the construction contract is awarded for the service area in which User’s accelerated hook-up is located.  The User must sign an agreement prior to the accelerated construction, stating (among other things) that the User understands that the reimbursement will likely be less than the accelerated construction costs they have already paid, due to accelerated timing, economies of scale and other factors.  In no instance shall the amount reimbursed to the User exceed the User’s actual cost of construction, without adjustment for inflation, interest accrual or otherwise.

C.  APPLICABILITY:  This policy shall apply only to grant-eligible expansion projects, and only  to those Members or Users who are in an area that has either not been bid for project construction, or where project construction is in progress at the time of the request.

D.  CONSTRUCTION SCHEDULING:  Anytime in this Policy Bulletin to the contrary notwithstanding, system design and construction bidding, awards and scheduling shall remain in the sole and exclusive control of the Board of Directors.

CROSS REFERENCE(S)

Date Initially Adopted:

02/11/2003

Amended / Revised:

08/12/2008


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PB 320 
Relief for Unintended Water Use

PURPOSE

This policy establishes the procedures and rules for the making and consideration of requests for relief from billings resulting from unintended water use.

TERMS OF POLICY

A.  A User may submit a request for credit on the User’s water bill for Unintended Water Use (“Request for Relief”) as provided for in this policy.

B.  “Unintended Water Use” means water use resulting from a latent leak, vandalism or some other unintended use beyond the User’s control.

C.  The User must submit a Request for Relief on a form provided by the Corporation.

D.  Upon submission of a properly completed Request for Relief form, the Corporation’s staff will make an initial determination concerning whether Unintended Water Use has occurred, and if so, the recommended amount of the credit to be afforded the User.  If more than one tap is involved in the Request for Relief, the calculation shall be made separately for each tap.  Staff will use the following guidelines in calculating the recommended credit:

1.  Staff will first determine the “Expected Water Use” for the tap in question.  Factors considered in determining the Expected Water Use include, but are not limited to, the number of people or livestock using the water, historical usage patterns and weather.

2.  The Expected Water Use shall be subtracted from the actual water use for the billing period in question, and the difference shall constitute the Unintended Water Use.  In no event may the Expected Water Use be less than 10% of the actual water usage.

E.  The Board of Directors, in its sole and exclusive discretion, may grant the User a credit for Unintended Water Use, based on the following guidelines:

1.  For the first, second or third Unintended Water Use, the percentages set out below are maximums that may be applied by the Board of Directors.  The actual relief granted will be determined based on the circumstances, including the customer's billing, payment and meter reading history.

2.  For the first Unintended Water Use for which the User requests relief, the Board may credit the User for up to 50% of the Unintended Water Use.

3.  For the second Unintended Water Use for which the User requests relief, the Board may credit the User for up to 25% of the Unintended Water Use.

4.  For the third Unintended Water Use for which the User requests relief, the Board may credit the User for up to 10% of the Unintended Water Use.

5.  If any User requests relief for Unintended Water Use more than three times, User will not be granted any credit or relief.

6.  For the purpose of determining the number of User Requests for Relief, any User Request for Relief shall be counted, regardless of whether the previous Unintended Water Use occurred on the same or different taps.  If any one Request for Relief involves more than one tap, each tap listed in that Request for Relief shall count as a separate Request for Relief for the purposes of this section E.  The time elapsed between User Request for Relief shall not be a factor in determining whether a request is a first, second or third request for the purposes of this Policy; for the purposes of this Section E, the number of Requests for Relief shall be considered over the lifetime history of the User.

F.  The Board of Directors may deviate from the guidelines set forth herein by good cause, to be determined in the Board’s sole and exclusive discretion.  Nothing in this policy is intended to confer any right on any User for relief or credit.

CROSS REFERENCE(S)

 

Date Initially Adopted:

10/14/2003

Amended / Revised:

03/08/2005, 08/12/2008, 04/10/2012

 

 

 

 

 

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PB 321
Livestock watering off User’s property:

PURPOSE

This policy establishes the rules applicable to the watering of livestock on property not owned by the User.

TERMS OF POLICY

A. Notwithstanding the provisions of Policy Bulletin 112 Section A or Section N,  the Corporation may, in its sole and exclusive discretion, authorize any Water User to pipe water to a location off the Water User’s property in the following situations and in general compliance with the following terms:

Meter pits, meters, remotes and certain other property of the Corporation may be installed on property not owned by the User if the User complies with this Policy.  The property owner (other than the Water User) upon which  the Corporation’s property will be placed must execute a written agreement and easement giving  the Corporation all necessary authority to administer, operate and maintain said facilities, including but not necessarily limited to, rights-of-way, rights of ingress and egress, and rights to properly operate and maintain said facilities.

Any underground or above-ground pipeline and related appurtenances, originating from a Corporation meter pit which crosses or terminates on property not owned by the Water User may only be used for watering of the User’s livestock.  The Water User must provide the Corporation with a valid easement from the property owner granting to the Water User the authority to place pipeline and appurtenances on the property.  The Corporation may discontinue water service to any Water User if such easement expires or is deemed to no longer exist or becomes unenforceable.  

If an extension of Water User pipelines for watering livestock is part of a governmental program such as Environmental Quality Incentives Program (“EQIP,”) Emergency Conservation Program (“ECP”) or other similar pipeline and water assistance program; Water User must provide the Corporation with copies of plans, specifications, contracts, agreements or other information associated with said Program and said service for the continuity of the Corporation’s files and customer history

The Board of Directors may deviate from the guidelines set forth herein by good cause, to be determined in the board’s sole and exclusive discretion.  Nothing in the policy is intended to confer any interest, ownership or responsibility on the part of the Corporation associated with facilities beyond the meter pit nor shall it be interpreted to express or imply that Water User installed facilities are suitable for future acquisition by the Corporation.

CROSS REFERENCE(S)

PB 112, Water User Responsibilities

 

Date Initially Adopted:

03/08/2005

Amended / Revised:

04/12/2005

08/12/2008

 

 

 

 

 

 

 

 

 

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