Draft
DRAFT
UTILITY AND ENVIRONMENTAL
SERVICES ORDINANCE
AND
PLAN OF OPERATION
FOR PUEBLO OF ACOMA
Prepared by the
ALL INDIAN PUEBLO COUNCIL
PUEBLO OFFICE OF ENVIRONMENTAL
PROTECTION
Stanley Paytiamo, Environmental Engineer and Scientist
(September 23,1993)
Draft
RESOLUTION NO. TC-NO.
Affirms the appointment of Utility Service Board
At a duly called meeting of the Acoma Tribal Council held on
this day of 1993, the following resolution was adopted:
WHEREAS:
SECTION NO. 1 The Acoma Pueblo is an Indian Tribal
organization and has full power and
authority to act for the tribe, and
SECTION NO. 2 Acoma Tribal Council exercises the rights
and powers to negotiate
SECTION NO. 3 Pueblo of Acoma in New Mexico is a Federally
recognized tribe
SECTION NO. 4 Acoma Pueblo is listed among Indian Tribal
Entities "that have a
government-to-government relationship with
the United States" at
SECTION NO. 5 It is the policy of the United States in
keeping with treaties (February 2,1848, 9
SAT. 929) understanding and long established
custom to provide certain necessary services
and facilities to Native American Indians,
and
SECTION NO. 6 In its Ordinance of 1993, the
establishment of the
SECTION NO. 7 Nominees for the Utility Service Board have
been made by the Tribal Council; and
NOW THEREFORE BE RESOLVED:
SECTION NO. 1 That the Following are appointed to the
Utility Service Board:
TERM OF OFFICE: Except for the initial Authority membership,
all Commissioners will serve two ms as follows:
1. Council Representative (Position 1) - 1 year
2. Community Representative (Position 2) - 2 years
3. Community Representative (Position 3) - 1 year
4. Community Representative (Position 4) - 2 years
5. Community Representative (Position 5) - 1 year
Terms shall expire upon the swearing in of newly appointed
Commissioners.
If there is the Council Representative Commissioners loses or resigns
his position on the Council, his appointment to the Utility Authority
shall expire immediately, and the Council shall fill the vacancy by
appointment of a new Commissioner at the next regular meeting of the
Tribal Council.
BE IT FURTHER RESOLVED: That the Tribal Council affirms the
appointment of this Utility Service Board, and that this Utility
Service Board shall operate with all due authority as established
policies and procedures for operation and maintenance of the Pueblo of
Acoma tribal water, sewer, and solid waste disposal system.
Daabup, Pueblo of Acoma
Tinyenti
Ayuranti
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
ATTEST:
------------------------
Kudyaat'ita, Pueblo of Acoma
PUEBLO OF ACOMA
CERTIFICATION
I, the under-signed as Governor of the Pueblo of
Acoma, 'Sky City,' hereby certify that the Acoma Tribal Council at a
duly called meeting of the Trial Council and the people of Acoma,
convened and on the of 1993, at meeting at which a
quorum was present with a vote of for, against and
not voting; and absent, pursuant to the authority vested in
the Pueblo of Acoma Council pursuant to Section 16 of the Act of June
18, 1934 (48 STAT 984). Said Resolution is effective as of the date
of its approval by the Pueblo of Acoma Governing Body
Daabup, Pueblo of Acoma
ATTEST:
-----------------------
Kaudyaat'ta, Pueblo of Acoma
Stanley Paytiamo, Environmental Engineer and Scientist AIPC Pueblo
Office Environmental Protection Complete July 1, 1993 For Pueblo
of Acoma (September 23,1993)
UESDORD/Acoma
Draft
PLAN OF OPERATION
FOR
PUEBLO OF ACOMA
UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
BE IT ENACTED by the Tribal Council of Pueblo of Acoma as
follows:
The Plan of Operation and any amendments thereto shall serve as the
operating guidelines for the Pueblo of Acoma Utility and environmental
Services Department.
SECTION 9.04. GENERAL POLICIES
A. Purpose.
The purposes of the Pueblo of Acoma Utility and environmental
Services Department will be to main, operate and maintain utility
systems of Pueblo of Acoma Utility and environmental Services
Department.
B. Place of Business.
Pueblo of Acoma Utility and environmental Services Department
will maintain an office in Pueblo of Acoma. Its address will be:
Pueblo of Acoma
Utility and Environmental Services Department
P. 0. Box 309
Acoma, New Mexico 87034
C. Services Offered:
1. Water Service - the Pueblo of Acoma Utility and
environmental Services Department is responsible to
provide safe, adequate water for a fee to those
houses connected to mainline of community water
system. Responsibility for maintenance will include
water sources, storage tanks, controls, mainlines,
vales and hydrants, and services line to the curb
stops only. The service fines from the curb stop to
the house and interior house plumbing are the
responsibility of the customer.
2. Sewage Service - The Pueblo of Acoma Utility and
environmental Services Department is responsible to
provide sanitary disposal of domestic waste for a fee
to those houses connected to the mainlines of the
community sewage system. Responsibility for
maintenance will include treatment facilities,
plumbing stations, mainlines and manholes and service
fines to the individual property lines only. The
service lines from the property line to the house and
interior house plumbing are the responsibility of the
customer.
3. To ensure the provisions of adequate water and sewage
service to its customers, the Pueblo of Acoma Utility
and environmental Services Department will retain
qualified personnel on duty or on call always. The
Pueblo of Acoma Utility and environmental Services
Department will respond quickly to break downs and
other emergencies.
4. Septic Tank Service - The Pueblo of Acoma Utility and
environmental Services Department will upon request,
provide for pumping of individual septic tanks for a
fee. Responsibility of the Pueblo of Acoma Utility
and environmental Services Department will cover only
such requested pumping. The Authority cannot
guarantee the operation of improperly designed or
constructed septic tank systems.
5. Plumbing - The Pueblo of Acoma Utility and
environmental Services Department may elect, as
resources permit, to perform certain plumbing repairs
or new installations for a fee in those houses served
by one of the Pueblo of Acoma Utility and
environmental Services Department's systems.
6. Other Services - The Pueblo of Acoma Utility and
environmental Services Department may agree to
perform under contract with governmental, tribal, or
private body's construction or operation and
maintenance services.
7. Solid Waste - Pueblo of Acoma Utility and
environmental Services Department is responsible to
provide safe and sanitary collection and disposal of
solid waste for a fee for those houses within the
reservation communities and may elect to provide
those services along designated rural routes.
Responsibility for maintenance will include
collection vehicles, landfill site and facilities,
and lands fill operation and maintenance equipment.
The individual house solid wastes' containers are the
responsibility of the customer.
C. Systems Covered:
The fees for services at residence/federal,state, and private funded
programs business establishments, and public institutions are as
follows:
Service Residence/Programs Business Public
Establishment Institution
1. Water $10.00 per month $1,080. per month $1,080 per month
2. Sewage $5.00 per month $260. per month $260. per month
3. Solid Waste $2.00 per month $100. per load $100. per load
4. New Water
Connection $66. $359. + materials/equipment
5. New Sewer
Connection $132 $850. + materials /equipment
8. Emergency Work $275 $700 + materials/equipment
a. Service may extend to other tribal communities and
rural locations at
b. Services may extend to Live stock associations who
haul water at the Pueblo of Acoma Utility
Environmental Services Department discretion.
c. Services may extend to Road Construction and other
projects at the Pueblo of Acoma Utility
Environmental Services Department discretion.
4. Services for individual septic tank systems will
be available at the Pueblo of Acoma Utility and
environmental Services Department's discretion
request and for a fee.
5.
D. Maintenance Schedule;
The Pueblo of Acoma Utility and environmental Services
Department will develop and follow a regular schedule of maintenance
services for water, sewer and solid waste systems. These services
will include, but not be limited to, the following:
1. Water Systems:
a. Inspect, operate and repair valves and
hydrants.
b. Inspect water mains for leaks or damage and
repair as needed.
c. Flush water fines.
d. Inspect and repair storage tanks and level
indicators.
e. Adjust and service controls.
2. Sewage Systems.
a. Flush sewer mains.
b. Remove debris from manholes
c. Control weeds and erosion at lagoons.
d. Inspect and service lift stations and
mechanical aerators if
e. Inspect individual septic tanks upon
request.
3. Solid Waste System:
a. Perform daily collection and disposal site
equipment Inspections and schedule needed
repairs.
b. Perform manufacturers recommended
preventative Maintenance.
c. Compact and cover Solid waste at the
disposal site weekly.
d. Inspect and repair the landfill site fence.
4. Rate Schedule
The current fees for services for tribal members and
non-members are defined by Pueblo of Acoma Utility and environmental
Services Department.
5. Billing and Collection:
a. The Pueblo of Acoma Utility and
environmental Services Dept will maintain a
complete and up-to-date record of all
customers served by those systems operated
by the Pueblo of Acoma Utility and
environmental Services Department.
Additions and deletions will be made as
soon as the Pueblo of Acoma Utility and
environmental Services Department learns of
changes.
b. The Pueblo of Acoma Utility and
environmental Services Department will type
and mail to each customer his bill for
services of the lst day of the month.
Payments will be due on the 10th day of the
month. If payment is not received by the
20th day of the month a notice of intent to
shutofff the customers service will be
mailed to the customer. Nonpayment by the
30th of the month, will be cause for the
Pueblo of Acoma Utility and environmental
Services Department to shut off the
customers water service.
c. Customers may make payments by cash, check,
or money order to Pueblo of Acoma Utility
and environmental Services Department for
services received. A receipt will be
issued for these payments.
d. In cases where the Housing Authority is
responsible for the collection of utility
fees with rental payment, the Housing
Authority will make a single monthly
payment to the Pueblo of Acoma Utility and
environmental Services Department for
services received. A receipt will be
issued for this payment.
e. Customers requesting new services, plumbing
repairs, or pluming of septic tanks shall
make arrangements with the Supervisor of
Operations for payment before receiving the
services. Normally, all charges will be
due on the next month's bill.
f. If a customer's water service is
discontinued, he must pay all of his
delinquent charges plus the reconnection
fee before the Pueblo of Acoma Utility and
environmental Services Department will
restore his water service.
6. Enforcement.
a. The Pueblo of Acoma Utility and
environmental Services Department is hereby
authorized by the Tribal Council to collect
fees for services and to shutofff all
services for nonpayment.
b. The Pueblo of Acoma Utility and
Environmental Services Department shall
enforce its regulations and fee collections
by shutting off water service of any
violators and delinquent bill-payers. The
Pueblo of Acoma Utility and environmental
Services Department shall not seek to
attach customer's property, no seek to have
fines assessed by Tribal Court, except in
limited cases of blatant or continued
abuses or destruction of property.
7. Bookkeeping and Handling of Funds
a. The Pueblo of Acoma Utility and
environmental Services Dept will follow
normal tribal standards for bookkeeping and
banking. The Supervisor of Operations will
make available to the Pueblo of Acoma
Utility and environmental Services
Department, a monthly account of the Pueblo
of Acoma Utility and environmental Services
Department's funds.
b. Actual handling of the Pueblo of Acoma
Utility and environmental Services
Department's funds will be performed by the
Pueblo of Acoma Utility and environmental
Services Department Appointee, who will be
bonded for $100,000.
c. All accounts and ledgers of the Pueblo of
Acoma Utility and environmental Services
Department shall be available for audit at
any time by the Tribal Auditor.
8. Management;
a. The Pueblo of Acoma Utility and
environmental Services Department will
establish policies for execution by the
Supervisor of Operations as described in
the Bylaws.
b. The Supervisor of Operations will manage
the daily operations of the Pueblo of Acoma
Utility and environmental Services
Department. The Supervisor will have the
responsibility to direct the work of all
employees of the Pueblo of Acoma Utility
and environmental Services Department. He
shall establish procedures for the orderly
functioning of the office and operation and
maintenance of the utility systems.
c. Job descriptions for all employees will be
developed and followed.
d. Employees will retain their right of final
appeal to the Pueblo of Acoma Utility and
environmental Services Department should
any dispute with the Supervisor of
Operations to be resolved.
9. Customer Complaints and Problems.
The Pueblo of Acoma Utility and environmental Services
Department should serve the people of the Pueblo of Acoma Indian
Tribe. All monthly meetings of the Pueblo of Acoma Utility and
environmental Services Department at Acoma shall be open to the
public. Customers with particular problems or complaints should
request inclusion on the agenda of the next Pueblo of Acoma Utility
and environmental Services Department meeting.
10. Amendments or Revision;
The Plan of Operation may be amended by a single majority
of Pueblo of Acoma Utility and environmental Services Department
members in attendance at the meeting called for the purpose and
thereafter approved by the Tribal Council as provided by law.
SECTION 9.05. TRIBAL CHAIRMAN'S UTILITY RESPONSIBILITIES:
1. Insure that all Council utility responsibilities
are fulfilled.
2. Implement Council decisions through direct contact
with the Pueblo of Acoma Utility Authority
Commission Chairman.
3. Act as an intermediary between the Council and the
Pueblo of Acoma Utility and environmental Services
Department through Utility Authority Commission
Chairman.
4. Appoint a Tribal Official to act as advisory member
of the Pueblo of Acoma Utility Authority
Commissioners
SECTION 9.06. TRIBAL COUNCIL'S UTILITY RESPONSIBILITIES:
1. Insure that safe, adequate, water, wastewater and
solid waste removal services and consistently
available for all members of the Pueblo of Acoma
Tribe who reside on the Reservation.
2. Provide community water, sewer and solid waste
services to residents of Tribal Communities.
3. Provide for the establishment of:
a. An appropriate utility organization.
b. An adequate financial structure to support
long term utility.
c. Enforcement authority for the utility rules
and regulations.
4. Monitor and guide the Utility Organization within
these general guidelines.
5. Approve long range utility plans, annual budget,
user fees, and amendments to Utility By-Laws.
6. Province office and meeting facilities for
Commissioners and Utility Organizational use.
SECTION 9.07 UTILITY AUTHORITY COMMISSIONERS RESPONSIBILITIES:
1. Provide consistent, safe, water, sewer and
solid waste services to residents of Tribal
communities within the guidelines established
by the Tribal Council.
2. Draft a yearly utility budget for Tribal
Council approval and closely monitor the proper
use of the approved budget.
3. Insure proper fee collection.
4. Establish common rules and regulations.
5. Evaluate utility expenditures.
6. Approve employee hiring and promotions.
7. Draft long range utility service plan with
annual goals, and update annual for
presentation to the Tribal Council at the time
of budget preparation.
8. Monitor the maintenance and operation of all
community water applies, water distribution,
sewage collection and sewage treatment
facilities.
9. Maintain domestic and individual and rural
water supply, water distribution, sewage fee
collection and sewage treatment facilities upon
request by force account or sub-contract.
10. Provide additions and/or improvements to
community water and sewage systems by force
account or sub-contract.
11. Insure the maintenance of separate financial
accounts for all utility functions and provide
a summary of the annual audit report to Tribal
Council.
SECTION 9.08 UTILITY AUTHORITY COMMISSIONER CHAIRMAN'S
RESPONSIBILITIES.
1. Act as contract between the Commissions and the
Tribal Chairman and Governor on all matters.
2. Act as point or contact for the Utility
Technician and Manager in implementing
Commission and Council initiatives.
3. Insure that the Commission fulfills its
responsibilities through assignment and
delegation.
4. Act as the official signing authority for the
Commission.
5. Preside at all Commission meetings.
SECTION 9.09 UTILITY TECHNICIAN AND MANAGERS' RESPONSIBILITIES
1 Provide consistent daily water, sewer, and
solid waste service within guidelines of the
Commission and Council as directed by the
Commission.
2. Insure safe and proper operation of all utility
facilities.
3. Manage and operate the Utility in an efficient
manner.
A. Operate and maintain all water, sewer,
and other facilities under the
jurisdiction of the Utility Authority
Commission by:
(1) Develop, train and supervise an
appropriate work force.
(2) Determine work priority, prepare
work schedules, and monitor and
complete work required.
(3) Procure through appropriate
channels, required job materials
and tools.
(4) Prepare plans, budgets, and
reports requested by the
Commission to insure economical
and efficient operation.
(5) Review daily reading, identify
problem areas before breakdown
and plan maintenance before
system stoppage occurs.
(6) Insure all facilities are
maintained and cleaned through
weekly inspections and perform
cleaning and maintenance
services as necessary.
(7) Insure accurate records of the
kinds and amounts of work
performed and the amount of
money spent.
(8) Provide on the job training
through instructions and example.
(9) Maintain frequent contact with
community residents and their
representatives.
B. Insure that appropriate income is
generated by close supervision of the
following:
(1) Accurate and prompt billing for
all water, sewer, and solid
waste services.
(2) Collect and record all payment
of bills due.
(3) Institute prompt action on
delinquent accounts.
(4) Initiate enforcement action to
accurate compliance with utility
rules and regulations.
(5) Assure safe, healthful and
efficient operation by utilizing
all technical resources
available.
(6) Be responsible for the selection
and evaluation of all employees
of the Utility subject to
Commission approval and have the
right to discharge
unsatisfactory employees.
4. Be responsible for the selection and
evaluation of all employees of the Utility
Authority subject to Commission approval and
have the right to discharge unsatisfactory
employees.
5. Recommend improvements in operation and/or
expansion to the Commission.
6. Is responsible to produce safe water and to
dispose of all waste, both solid and liquid,
according to all federal, state and local
regulations. Is responsible for complying
with all applicable monitoring surveillance
and notification requirement.
Section 9.10 PUEBLO OF ACOMA OPERATOR RESPONSIBILITIES
1. Perform all required operation and maintenance
functions necessary to keep the water
2. Be present at facilities for entire work
period to monitor operation observe any
abnormal conditions.
3. Perform preventive maintenance on Pueblo of
Acoma facilities as scheduled by supervisor.
4. Keep facility clean and neat to provide a
safe, sanitary work area.
5. Maintain periodic reading, check, and
operations logs.
6. Report all maintenance performed and supply
needs to Utility Technician and manage
SECTION 9.11 VOLUNTEER OBSERVER'S RESPONSIBILITIES:
1. Inspect system facilities daily.
2. Maintain daily records and operation logs.
3. Report all maintenance and supply needs to
utility supervisor.
4. Report all emergencies or operation stoppages
to the Utility Technician and Commissioner
SECTION 9.12 ACCOUNTS RECEIVABLE CLERK
1. Must can communicate effectively with public.
2. Responsible for individual Utility accounts
for customers and businesses of the Pueblo of
Acoma Reservation on a monthly basis and
correspondence of the Utility Commission.
3. Maintain accurate collection records and
receipt for customers.
4. Will be responsible for Time Sheets and
Employee earnings' records for the Pueblo of
Acoma Utility Commission.
5. Responsible for minutes of the Pueblo of
Utility and Environmental Services Department
Commission monthly meetings.
6. Responsible for setting up accurate account
system for Pueblo of Acoma Utility Commission,
Billing and Collection office.
SECTION 9.13. WATER AND SEWER PLANT OPERATOR TRAINEE MUST BE
WILLING TO LEARN:
1. To backwash the water treatment facilities as
needed.
2. Prepare and mix chemicals as needed, feeding,
they to the water supply improper proportions
to provide a safe potable water always.
3. Keep the plant clean and neat to provide a
safe sanitary work area.
4. Maintain periodic reading, check and operating
logs.
5. Report all maintenance performed and supplies
need to Utility Technician and Manager.
6. To help locate and mark all water shut off
valves.
7. To assist in shutting off water shut off
valves to delinquent customers.
The foregoing Ordinance was dully enacted by the Pueblo of
Acoma Tribal Council on the day of 1993, at a meeting at
which a quorum was present with a vote of for: against:
; not voting; and absent, pursuant to the authority vested in the
Pueblo of Acoma Council, pursuant to Section 16 of the Act of June 18,
1934 (48 STAT 984). Plan of Operation is effective as of the date of
its approval by the Pueblo of Acoma Governing Body.
Tinyenti
Ayuranti
My'yuu Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
ATTEST:
------------------------
Kudyaat'ita, Pueblo of Acoma
PUEBLO of Acoma
CERTIFICATION
I, the undersigned as Governor of the Pueblo of Acoma, "Sky
City," hereby certify that the Acoma Tribal Council at a duly called
meeting of the Tribal Council and the people of Acoma, convened and on
the day of , 1993, at a meeting at which a quorum was present with a
vote of for; against; not voting; and absent, pursuant to
the authority vested in the Pueblo of Acoma Council pursuant to
Section 16 of the Act of June 18,1934 (48 STAT 984). Said Plan of
Operation is effective as as of the day Of its approval by the Pueblo
of Acoma Governing Body.
Daabupu, Pueblo of Acoma
ATTEST:
Kudyaat'ta, Pueblo of Acoma
Stanley Paytiamo, Environmental Engineer/Scientist AIPC Pueblo Office
Environmental Protection Completed Fri, Oct 15, 1993 For Pueblo of
Acoma
UESD/Pueblo of Acoma June 28,1993
UESDORD/Acoma
Draft
ORDINANCE NUMBER ORD-TC-93
UTILITY AND ENVIRONMENTAL SERVICES ORDINANCE
PUEBLO OF ACOMA INDIAN TRIBE
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS PAGE
Section 1.01. Title and Date.................................. 4
Section 1.02. Purpose......................................... 4
Section 1.03. Policy.......................................... 4
Section 1.04. Jurisdiction.................................... 4
ARTICLE II: DEFINITION OF TERMS
Section 2.01. General......................................... 5
Section 2.02. Appurtenances................................... 5
Section 2.03. Customer........................................ 5
Section 2.04. Customer Lines.................................. 5
Section 2.05. Garbage......................................... 5
Section 2.06. Distribution System Lines....................... 5
Section 2.07. Meter........................................... 5
Section 2.08. Manager......................................... 5
Section 2.09. Operator........................................ 5
Section 2.10. On-site Sewage Treatment and Disposal
Systems..................................... 6
Section 2.11. Off-Reservation................................. 6
Section 2.12. Regulation...................................... 6
Section 2.13. Sewage Disposal System Cleaner.................. 6
Section 2.14. Tribal Community................................ 6
Section 2.15. Contractor...................................... 6
Section 2.16. Utilities and Environmental Service............. 6
Section 2.17. Utility Authority............................... 6
Section 2.18. Utility and Environmental Service
Department.................................. 6
ARTICLE III: UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
AND UTILITY AUTHORITY
Section 3.01. Establishment of Utility and Environmental
Services Department............................. 8
Section 3.02. Utility Authority................................ 8
Section 3.03. Utility Authority Operating Organization......... 8
Section 3.04. Utility Authority - Powers and
Responsibilities............................... 8
Section 3.05. Utility Authority - Membership................... 9
Section 3.06. Term of Office................................... 9
Section 3.07. Utility Authority - Method of
Appointment.............................. 10
Section 3.08. Utility Authority - Vacancies................... 10
Section 3.09. Officers........................................ 10
Section 3.10. Duties of Officers.............................. 10
Section 3.11. Meetings........................................ 11
Section 3.12. Quorum and Voting............................... 11
Section 3.13. Meeting Agenda.................................. 11
Section 3.14. Compensation.................................... 11
Section 3.15. Public Hearings................................. 12
ARTICLE IV. MANAGEMENT AND FINANCES
Section 4.01. Management Personnel............................ 13
Section 4.02. Annual Budget................................... 13
Section 4.03. User Fee Schedule............................... 13
Section 4.04. Fiscal Year..................................... 13
Section 4.05. Depository...................................... 13
Section 4.06. Investments..................................... 13
Section 4.07. Disbursements and Receipts...................... 14
Section 4.08. Records and Accounts............................ 14
Section 4.09. Exclusive Use of Funds.......................... 14
Section 4.10. Audit and Reports............................... 14
Section 4.11. Bonding......................................... 14
Section 4.12. Insurance....................................... 14
Section 4.13. Petty Cash...................................... 15
Section 4.14. Regulations and Policy.......................... 15
Section 4.15. Regulation; Policy Suspension,
Alteration.................................. 15
Section 4.16. Amendments...................................... 15
Section 4.17. Grievances...................................... 15
Section 4.18. Non-Waiver of Sovereign Immunity................ 15
ARTICLE V: UTILITY AND ENVIRONMENTAL SERVICES -- OPERATIONS
Section 5.01. Services Provided............................... 17
Section 5.02. Water Service................................... 17
Section 5.03. Sewerage Services............................... 17
Section 5.04. Garbage Service................................. 17
Section 5.05. Future Services................................. 18
Section 5.06. Maintenance Schedule............................ 18
Section 5.07. Personnel....................................... 18
Section 5.08. Purchasing...................................... 18
Section 5.09. Equipment....................................... 18
Section 5.10. Inventory....................................... 18
Section 5.11. Public Relations................................ 19
Section 5.12. Emergency Notification.......................... 19
Section 5.13. Staff Training.................................. 19
Section 5.14. Limits of Responsibility........................ 20
Section 5.15. Right of Entry - Inspections.................... 20
Section 5.16. Disruptions of Service.......................... 20
Section 5.17. Permits......................................... 21
Section 5.18. Water Shortage - Service Preference............. 21
Section 5.19. Unnecessary Waste of Water...................... 21
Section 5.20. Conservation of Resources....................... 21
Section 5.21. New Customer Services........................... 21
ARTICLE VI: CUSTOMER OBLIGATIONS
Section 6.01. Conditions for Service; Payments................ 23
Section 6.02. Maintenance, Repairs; Liability................. 23
Section 6.03. Customer Termination of Service;
Abandonment................................... 23
Section 6.04. Water Shortages................................. 23
Section 6.05. Inspections..................................... 23
Section 6.06. Permits......................................... 24
Section 6.07. Cross-Connections............................... 24
Section 6.08. Solid Waste Facilities.......................... 24
Section 6.09. Use of Sewerage System.......................... 24
Section 6.10. Unauthorized Disposal........................... 24
Section 6.11. Toxic Waste Disposal............................ 24
ARTICLE VII: FEE SCHEDULES AND BILLING
Section 7.01. Fee Schedule Establishment...................... 25
Section 7.02. Public Hearing.................................. 25
Section 7.03. Notice to Customers............................. 25
Section 7.04. Billing Responsibility.......................... 25
Section 7.05. Monthly Statements.............................. 25
Section 7.06. Due Date........................................ 26
Section 7.07. Payments Past Due............................... 26
Section 7.08. Delinquent Accounts............................. 26
Section 7.09. Notice of Delinquency........................... 26
Section 7.10. Advance Deposits................................ 26
ARTICLE VIII: ENFORCEMENT: PENALTIES: SANCTIONS
Section 8.01. Authority and Enforcement....................... 27
Section 8.02. Attachment of Customers Property................ 27
Section 8.03. Penalty Schedule................................ 27
Section 8.04. Sanctions Authorized............................ 27
Section 8.05. Sanctions Guidelines............................ 28
ARTICLE IX: MISCELLANEOUS PROVISIONS
Section 9.01. Validity Severability........................... 29
Section 9.02. Amendments...................................... 29
Section 9.03. Suspension of Ordinance......................... 29
ORDINANCE NUMBER: ORD-TC-93
PUEBLO OF Acoma TRIBAL COUNCIL
TRIBAL UTILITY AND ENVIRONMENTAL SERVICE ORDINANCE
BE IT ENACTED by the Tribal Council of Pueblo of Acoma as follows:
ARTICLE I
GENERAL PROVISIONS
SECTION 1.01. TITLE AND DATE: This ordinance shall be titled; the
Pueblo of Acoma Tribal Utility and Environmental
Services Ordinance. The ordinance shall become
effective immediately upon adoption by resolution by
the Pueblo of Acoma Tribal Council.
SECTION 1.02. PURPOSE: The purpose of the Pueblo of Acoma Tribal
Utility and Environmental Service Ordinance is to
define the policies, establish an organization and
identify the neccessary rules and regulations for: (1)
the operation, maintenance and management of the
various public utilities located on the Pueblo of Acoma
Indian Reservation; and (2) management for the
provision of essential environmental services within
the Reservation Community.
SECTION 1.03. POLICY; It shall be the policy of the Pueblo of Acoma
Indian Tribe to operate, maintain and manage the public
utilities and essential environmental services on the
Pueblo of Acoma Indian Reservation so that the
community residents are provided with a high level of
environmental services designed to minimize exposure to
adverse conditions that could negatively have an impact
on the physical and environmental health of any
individual or the community. It shall also be the
policy of the Pueblo of Acoma Indian Tribe that the
operation maintenance and management of the public
utilities and environmental services shall be carried
out through an efficient program and in a financially
responsible cost effective and self-sufficient manner.
SECTION 1.04. JURISDICTION: The authority to establish a Tribal
Utility and Environmental Services Organization and to
levy appropriate user fees to all residents and
organizations operating on the Pueblo of Acoma Indian
Reservation pursuant to the authority vested in the
Pueblo of Acoma Council, pursuant to Section 16 of the
Act of June 18, 1934 and is a federally recognized
tribe organized under the provision of P.L. 73-838, 48
STAT. 894, "The Indian Reorganization Act."
ARTICLE II
DEFINITION OF TERMS
SECTION 2.01. GENERAL, Unless the context specifically indicates
otherwise, the meaning of terms used in this Ordinance
shall be set forth in this Article II.
SECTION 2.02. APPURTENANCES: "Appurtenances" is the real and
personal property owned by the Utility and
Environmental Services Department or the Tribe located
on, near or under the roadways and streets, such as
fire hydrants and valves.
SECTION 2.03. CUSTOMER: "Customer" means a person, business, agency
or other organization that uses, is entitled to use, or
is obligated to pay for the use or receipt of services
from the Utility and Environmental Services Department.
SECTION 2.04. CUSTOMER LINES: "Customer Lines" are the potable water
lines located immediately next to, inside, or under a
customer's home or other building or property, which
are either connected to utility service lines or are
maintained by the customer separately from utility
service lines.
SECTION 2.05. GARBAGE: "Garbage" shall mean all degradable and
non-degradable refuse and solid waste without economic
value that is generated through the course of normal
living by the residents and organizations in the
community.
SECTION 2.06. DISTRIBUTION SYSTEM LINES: "Distribution system lines"
are those potable water lines maintained by the Utility
and Environmental Services Department by which water
utility services are provided to customers.
SECTION 2.07. METER: "Meter" is a device, owned by the Utility and
Environmental Services Department, for measuring the
amount of water utility services provided to a
particular customer.
SECTION 2.08. MANAGER: "Manager" shall mean an individual hired by or
appointed by the Utility Authority to oversee and
manage the operation of the Utility and Environmental
Services Department.
SECTION 2.09. OPERATOR: "Operator" shall mean an individual hired by
or appointed by the Utility Authority or manager to
provide direct day to day preventive maintenance and
operational service for the public water and sanitary
sewer utilities.
SECTION 2.10. ON-SIGHT SEWAGE TREATMENT AND DISPOSAL SYSTEMS:
"On-site sewage treatment and disposal systems" shall
mean individual or community septic tanks and
subsurface drain fields and associated appurtenances
that collect, treat and dispose of liquid waste
generated by customers, which are maintained and
operated by the Utility and Environmental Services
Department.
SECTION 2.11. OFF-RESERVATION: "Off-reservation" is any area located
outside the exterior boundaries of the Pueblo of Acoma
Indian Reservation.
SECTION 2.12. REGULATION: "Regulation" is a rule of law or procedure
duly adopted by the Utility Authority for purposes of
implementing the requirements of this ordinance.
SECTION 2.13. SEPTIC SYSTEM CONTRACTOR: "Septic system Contractor"
shall mean any individual, firm, contractor or
organization whom the Utility Authority contracts with,
to pump out on-site sewage treatment and disposal
systems and dispose of the waste material and/or to
repair the on-site sewage treatment and disposal
systems located on the Pueblo of Acoma Indian
Reservation.
SECTION 2.14. TRIBAL COMMUNITY: "Tribal Community," for purposes of
this ordinance, shall include, but not necessarily be
limited to, enrolled Pueblo of Acoma Tribal members.
SECTION 2.15. CONTRACTOR, "Contractor" shall mean any individual,
firm, contractor or organization who contracts with the
Utility Authority to provide environmental services or
utility repairs, design, inspection, reconstruction or
operation.
SECTION 2.16. UTILITIES AND ENVIRONMENTAL SERVICES: "Utilities and
Environmental Services" is those basic services
necessary for supporting residential and commercial
development, including, but not limited to, water,
sewer, garbage collection, roads and appurtenances.
SECTION 2.17. UTILITY AUTHORITY: "Utility Authority" is the agency
responsible for, and authorized to manage, the Utility
and Environmental Services Department of the Pueblo of
Acoma Indian Tribe, as established by this ordinance.
SECTION 2.18. UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT:
"Utility and Environmental Services Department" is a
governmental department of the Pueblo of Acoma Indian
Tribe authorized to operate the utility services
provided by the Tribe.
SECTION 2.19. DEPARTMENT: "Department" shall mean the Utility and
Environmental Services Department of the Pueblo of
Acoma Indian Tribe.
SECTION 2.20. VENDOR: "Vendor" is any individual firm, contractor
or organization who regularly supplies parts,
equipment, supplies and services to the Utility and
Environmental Services Department used in the operation
maintenance and management of the Utilities and
Environmental Services of the Pueblo of Acoma Indian
Reservation.
SECTION 2.21. COLLECTION LINES: "Collection Lines" is those
sanitary sewerage lines maintained by the Utility and
Environmental Services Department by which sanitary
sewer collection and disposal services are provided to
customers.
SECTION 2.22. SHALL, MAY: "Shall" is mandatory; "may" is permissive.
ARTICLE III
UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
AND
UTILITY AUTHORITY
SECTION 3.01. ESTABLISHMENT OF UTILITY AND ENVIRONMENTAL SERVICES
DEPARTMENT : There is hereby established the Pueblo of
Acoma Tribal Utility and Environmental Services
Department having the responsibility for operating and
maintaining the tribal public utilities and providing
essential community environmental services directly or
by contract.
SECTION 3.02. UTILITY AUTHORITY: There is hereby established the
Pueblo of Acoma Tribal Utility Authority to serve as
the advisory, administrative and management authority
for the Pueblo of Acoma Tribal Utility and
Environmental Services Department.
SECTION 3.03. UTILITY AUTHORITY - OPERATING ORGANIZATION: The
Utility Authority shall operate as a subordinate unit
of tribal government, independent in its daily
operation, but responsible to the Tribal Council for
its actions. The methods of appointment, terms of
office, and operating procedures of the Utility
Authority shall be set forth in this ordinance and in
regulations adopted by the Utility Authority.
SECTION 3.04. UTILITY AUTHORITY-POWERS AND RESPONSIBILITIES: The
Utility Authority shall manage the public utilities of
the Tribe, and obtain and disburse funds as required for
operation, maintenance and expansion of the tribal
public utilities.
To fulfill these responsibilities, the Authority shall have the
power to:
(1) Levy and collect reasonable fees for utility services;
(2) Provide for the hiring and compensation of appropriate
management and maintenance personnel:
(3) Adopt appropriate regulations to implement the requirements of
this Ordinance;
(4) Authorize disbursement of funds for operation, maintenance and
repair of utility services.
(5) Contract with vendors and contractors to assure that safe and
reliable environmental services are available to and use by the
residents of the Pueblo of Acoma Reservation.
(6) Authorize investment of Utility and Environmental Service
Department funds.
SECTION 3.05. UTILITY AUTHORITY - MEMBERSHIP : The Utility Authority
shall be composed of five persons appointed by the
Tribal Council. One person shall be selected from the
Tribal Council, as its representative; and, four
persons selected from the general tribal community.
The Council shall appoint at least three of the five members from the
on-reservation users of the Tribal Public Utilities. Members of the
Utility Authority shall be known as Utility Commissioners.
SECTION 3.06. TERM OF OFFICE: Except for the initial Authority
membership, all Commissioners will serve two-year
terms, except for the representative from the Tribal
Council who shall serve a one-year term. Initial
Commissioners of the Authority shall serve terms as
follows:
Council Representative (Position 1) - 1 year
Community Representative (Position 2) - 2 years
Community Representative (Position 3) - 1 year
Community Representative (Position 4) - 2 years
Community Representative (Position 5) - 1 year
Terms shall expire upon the swearing in of newly appointed
Commissioners.
If there is the Council Representative Commissioner loses or resigns
his position on the Council, his appointment to the Utility Authority
shall expire immediately, and the Council shall fill the vacancy by
appointment of a new Commissioner at the next regular meeting of the
Tribal Council.
SECTION 3.07. UTILITY AUTHORITY - METHOD OF APPOINTMENT: The Tribal
Council shall annually appoint persons to fill any
Utility Authority vacancies. For the Commissioner
positions to be filled by tribal community members, the
Council shall advertise in the tribal newsletter
soliciting interested persons for nomination. For all
Commissioner positions, the Council shall choose
persons capable and willing to perform the duties of
the Authority. After receiving nominations, the
Council shall appoint Commissioners by a majority vote.
SECTION 3.08. UTILITY AUTHORITY VACANCIES: If a Commissioner resigns,
moves from the local area, dies, or is found guilty of
a felony or major crime in any court of law, the Tribal
Council shall declare the Commissioner position vacant.
If any Commissioner misses two consecutive Utility
Authority meetings without a valid excuse, the Tribal
Council may declare the position vacant. All vacancies
shall be filled within one month according to this
Section.
If there is the number of unfilled Commissioners vacancies prevents
gathering of a quorum for purposes of conducting business, the Tribal
Council shall act as the interim Utility Authority until the filling
of Commissioners' vacancies allows for a quorum.
SECTION 3.09. OFFICERS: Within ten days after the appointment of the
initial Commissioners, there shall be an organizational
meeting of the Utility Authority to elect a Chairman,
Vice Chairman and a Secretary-Treasurer from the
Utility Authority Commissioners. The Officers shall be
elected annually thereafter, immediately following the
appointment by the Tribal Council of the new
Commissioners.
SECTION 3.10. DUTIES OF OFFICERS: Officers of the Utility Authority
shall assume the following duties:
1. Chairman - Shall preside at all meetings; call and arrange
all meetings; be responsible for all general management of
the Utility Authorities affairs; and perform all duty's
incidental to the office.
2. Vice-Chairman - Shall perform all the Chairman's duties
without the Chairman; and shall assist the Chairman as
required in handling the Utility Authority's affairs.
3. Secretary-Treasurer - Shall keep or cause to be kept a
complete and accurate record of all meetings and shall
maintain all correspondence, notices and records of the
Utility Authority: Shall be responsible for maintaining
financial records of the Utility and Environmental Services
Department: Shall report the Department's financial status at
each regularly scheduled Utility Authority meeting and shall
present to the Commissioners for their action all requests for
funds to meet the Department's financial obligations. Shall
prepare an annual financial statement for submission to the
Tribal Council for the general membership meeting. Further,
the Treasurer shall make all investments for the Utility
Authority in accordance with appropriate sections of this
ordinance.
SECTION 3.11. MEETINGS: The Utility Authority shall meet when
business demands and requires attention, but in no case
less than once per month. Regular and special meetings
shall be called by the Chairman. Any two Commissioners
may request the Chairman, in writing, to schedule a
special meeting of the Utility Authority. If the
Chairman fails to schedule a meeting within five days
after receipt of a written request, any other two
Commissioners may call such a meeting.
Meetings shall be held in public places, and the Utility Authority
shall provide at least 5 days public notice of Authority meetings.
Emergency meetings may be convened with less than five days notice, in
cases of emergency where loss of life, limb or property is threatened,
or where the continued operation or fiscal capability of the Tribal
public utilities may be in jeopardy. All meetings shall be open to
members of the tribal community and to users of the Tribal Public
Utilities.
SECTION 3.12. QUORUM AND VOTING: A Minimum of four Commissioners is
required to establish a quorum and conduct Utility
Authority business. Any action taken by the Utility
Authority must be approved by a majority vote of that
Commissioners present at a Utility Authority meeting.
Each Commissioner of the Utility Authority, except the
Chairman, shall be entitled to vote on each matter
coming properly before the Utility Authority. The
Chairman shall vote only if there is a tie.
SECTION 3.13. MEETING AGENDA. Regular meetings of the Utility
Authority shall be conducted according to the following
agenda outline:
1. Call to Order
2. Roll call
3. Reading of minutes of previous meeting
4. Report by Treasurer
5. Report by Manager and/or Operator
6. Unfinished business
7. New Business
8. Miscellaneous business
9. Adjournment
SECTION 3.14. COMPENSATION: Commissioners of the Utility Authority
shall serve without monetary compensation, except as
determined by the Tribal Council. The Council shall
establish prevailing government rates for mileage, per
diem, or other costs, consistent with tribal policy,
and shall direct the Business Manager to approve such
expenditures; provided that funds are available within
the Utility and Environmental Services Department
budget approved by the Utility Authority and ratified
by the Tribal Council.
SECTION 3.15. PUBLIC HEARINGS; The Utility Authority shall convene
public hearings to discuss changes in utility rates
assessed to users of tribal public utilities. All
users of tribal public utilities shall be afforded
seven days written notice of such hearings, and
adequate notices shall be posted at appropriate places
within the community.
ARTICLE IV
MANAGEMENT AND FINANCES
SECTION 4.01. MANAGEMENT PERSONNEL: The Utility Authority shall
manage the business and operating affairs of the
Utility and Environmental Services Department. The
Utility Authority may provide for hiring and
contracting personnel for the care and maintenance of
the Tribal Public Utilities (provided that hiring shall
be in accordance with tribal personnel policies), and
shall establish compensation rates consistent with the
Utility Department approved budget. The Utility
Authority may delegate only those management duties
that are not specifically designated as duties to be
performed exclusively by the Utility Authority.
SECTION 4.02. ANNUAL BUDGET: The Utility Authority shall establish
an annual budget enumerating the costs of Utilities and
Environmental Services operation, maintenance,
administration, personnel, liability and other
insurance, replacement, and a reserve for major repairs
and replacements.
SECTION 4.03. USER FEE SCHEDULER The annual budget shall be used to
determine a fee schedule to be assessed to the users of
Tribal Public Utilities. The budget and fee schedule
shall be approved by the Utility Authority and ratified
by the Tribal Council.
SECTION 4.04. FISCAL YEAR: The fiscal year for the Utilities and
Environmental Services Department shall be the same as
the fiscal year of the Tribal Council.
SECTION 4.05. DEPOSITORY: The depository of the Department shall be
a separate commercial account or accounts in any bank
selected by the Utility Authority. Said account shall
be in the name "Pueblo of Acoma Tribal Utility
Authority."
SECTION 4.06. INVESTMENTS: Funds on deposit more than 30 days
working capital may be invested in deposits at a
commercial bank, savings and loan association or
investment company offering the highest interest rate,
provided that investment deposits shall have immediate
liquidity. Investment deposits shall be made by the
Utility Authority Treasurer. Withdrawals of
investments require the approval of the Utility
Authority Treasurer. Withdrawals from accounts shall
be signed by two of the officers of the Utility
Authority.
SECTION 4.07. DISBURSEMENTS AND RECEIPTS: The Utility Authority
shall determine the distribution of funds required for
the operation, maintenance and management of the Tribal
Public Utilities and Environmental Services.
Disbursements will be made by check upon presentation
of invoices or vouchers. Disbursements shall be made
by the Officers of the Utility Authority or employees
properly designated by the Utility Authority. The
checks written on accounts shall be signed by two of
the Officers of the Utility Authority. Cash receipts
will be deposited intact, as to amount, in the
depositor promptly. Receipts will be issued for all
cash received and copies filed and retained for
accounting.
SECTION 4.08. RECORDS AND ACCOUNTS: Suitable financial records shall
be maintained for all expenditures, receipts from
payments for services, investments and returns on
investments, and any other financial matters necessary
for operation of the Utility, and Environmental
Services Department. The separate accounting records
for the Department shall be maintained in an
appropriate business like manner. The records of
accounts shall be made available to the Tribal Council
upon request.
SECTION 4.09. EXCLUSIVE USE OF FUNDS: The funds accrued by the
Utility Authority and kept on deposit are for the
exclusive use of the Utility and Environmental Services
Department for the necessary operation, maintenance,
and management of the Tribal public utilities and
environmental services. Utility Authority funds shall
not be transferred or loaned to the Tribal General Fund
or any other accounts of the Tribe or other Tribal
departments, except to pay for services provided to the
Utility Authority or Department by other Tribal
Departments.
SECTION 4.10. AUDIT AND REPORTS. The accounts of the Utility
Authority will be audited annually at the dose of the
fiscal year at the expense of the Department. Annual
and periodic reports will be submitted by the Utility
Authority to the Tribal Council.
SECTION 4.11. BONDING: Officers of the Utility Authority and any
other person(s) designated to handle funds for the
Utility and Environmental Services Department, shall be
bonded for amounts up to $100,000.
SECTION 4.12. INSURANCE: Fire and other insurance on property owned
or used by the Department or on property in which the
Department has an insurable interest shall be in
amounts and type of coverage specified by the Utility
Authority. Insurance may be part of the Tribal
insurance policies, with the expenses thereof pro-rated
to the Department if so directed by the Tribal Council.
SECTION 4.13. PETTY CASH: A petty cash fund is authorized to be
established in the amount of $2,000. This fund may be
used to pay small expenses, when necessary, and to pay
small obligations when it is not feasible to pay by
check on the official depository. The fund may be
reimbursed periodically from the official depository of
the Utility Authority in the amount of and upon the
submitted of receipts, vouchers, and statements signed
by the payees, of their proof of expenditure. Petty
cash reimbursement vouchers shall be certified by the
Treasurer.
SECTION 4.14. REGULATIONS AND POLICY: The Utility Authority shall
have the authority to adopt appropriate regulations and
policy as needed to implement the provisions contained
in this ordinance.
SECTION 4.15. REGULATION; POLICY SUSPENSION ALTERATION: No
regulation duly adopted by the Utility Authority may be
suspended or altered by any person without prior
written authorization of the Utility Authority.
SECTION 4.16. AMENDMENTS: The Utility Authority shall recommend
amendments to this ordinance that it believes necessary
to promote the efficient, cost effective and
self-sufficient operation of the Utility and
Environmental Services Department, and shall present
such amendments to the Tribal Council for approval.
SECTION 4.17. GRIEVANCES: Any customer or any applicant for utility
services, who is aggrieved by any action of the Utility
and Environmental Service Department or the Utility
Authority may file a grievance with the Utility
Authority. The Utility Authority shall abide by the
regulation set forth in this ordinance and shall handle
such grievances in a manner that provides for due
process of law.
All decisions by the Utility Authority on matters that have been
submitted for grievance under the Department's 's grievance procedures
shall be considered final. Final decisions of the Utility Authority
may be appealed by an aggrieved party only on the basis that the
Department's grievance procedures were not followed, or that due
process was denied.
SECTION 4.18. NON-WAIVER OF SOVEREIGN IMMUNITY: The Utility and
Environmental Services Department are an agency of the
Pueblo of Acoma Indian Tribe, and thereby retain all
rights of sovereign immunity of the Tribe. By
providing services and entering into service
agreements, the Department shall not waive the
sovereign immunity of the Pueblo of Acoma Indian Tribe
or any of its officers, agents, attorneys or employees,
or any one else acting at the direction of and on
behalf of the (Pueblo of Acoma Indian Tribe.
ARTICLE V
UTILITY AND ENVIRONMENTAL SERVICES - OPERATION
SECTION 5.01. SERVICES PROVIDED: The services provided by the
Utility and Environmental Services Department shall
include domestic water, sewer and garbage. Additional
services may be provided upon approval by the Utility
Authority and ratification by the Tribal Council.
SECTION 5.02. WATER SERVICE: The Utility Authority is responsible to
provide safe, adequate water for a fee to those houses,
businesses and institutions connected to the mainlines
of the community water system. Responsibility for
maintenance will include water sources, storage tanks,
controls, mainlines, valves and hydrants, and service
line to the curb stops only. The service lines from
the curb stop to the house and interior house plumbing
are the responsibility of the customer. The individual
household water meters are owned by the Utility
Authority and it is the responsibility of the
Department to maintain the meters. The tribal
community water systems shall be managed such that the
regulatory requirements of the Federal Safe Drinking
Water Act, as established by the Environmental
Protection Agency, are satisfied.
SECTION 5.03. SEWERAGE SERVICE: The Utility Authority is responsible
to provide sanitary disposal of domestic liquid waste
for a fee to those houses, businesses and institutions
connected to the mainlines of the community sewerage
system. Further, the Utility Authority is responsible
for the maintenance and repair of community sanitary
sewage disposal systems and storm sewer systems.
Responsibility for maintenance includes treatment
facilities, pumping stations, mainlines, manholes, and
service lines to the individual property lines. Tribal
sewerage collection, treatment and disposal systems
shall be managed such that applicable Federal
regulations of the Clean Water Act and the National
Pollution Discharge Elimination System are satisfied.
The Utility Authority is responsible for maintenance individual
on-site sewage disposal systems, including individual pumping
stations, and for pumping the septic tanks on a periodic basis. The
service lines from the property line to the house or the septic tank
inlet to the house and interior house plumbing are the responsibility
of the customer.
SECTION 5.04. GARBAGE SERVICE: Garbage collection and disposal
service shall be provided by the Utility Authority for
a fee for the houses located in the reservation
community. The Utility Authority will provide this
service directly or enter into a contract with a nearby
solid waste collection contractor in order to provide
this service to the community.
SECTION 5.05. FUTURE SERVICES: At some future date the Utility
Authority may assume responsibility to provide
electrical, gas, telephone, cable TV or other utility
services.
SECTION 5.06. MAINTENANCE SCHEDULE: The Utility Authority shall
develop and follow a regular schedule of maintenance
service for each water and sewerage system and
components thereof.
SECTION 5.07. PERSONNEL: The Utility Authority shall have the full
authority to hire, evaluate and discipline or fire if
necessary the personnel required to manage, operate and
maintain the Public Utilities. Existing Tribal Staff
may be used and employed by the Utility and
Environmental Services Department to provide necessary
maintenance and management services through agreements
approved by the Tribal Council and the Utility
Authority. The specific personnel policies of the
Tribe shall be followed. Job descriptions for all
employees will be developed and followed.
SECTION 5.08. PURCHASING: The Utility system operator may make or
approve purchases from the petty cash fund for amounts
up to $2,000. Above this amount, the Utility Authority
Treasurer must give approval and disburse funds
according to appropriate sections of this ordinance.
An accurate account and receipts of all expenditures
will be kept.
SECTION 5.09. EQUIPMENT: All utilities equipment shall be
maintained according to the established maintenance
schedule and quickly repaired when necessary so, that
disruptions in service are minimized.
Utility tools and equipment are not for personal use. Equipment shall
not be loaned to other Tribal Departments. A record of tools and the
individual to whom they were assigned shall be maintained.
Individuals will be held responsible for the security of tools and
supplies that are assigned to them.
SECTION 5.10. INVENTORY: An accurate inventory of tools, equipment,
and supplies will be kept up to date. A reserve supply
of repair parts and regularly used supplies will be
maintained by the Department. A listing shall be kept
of local suppliers of repair parts, replacement
equipment and expendable supplies.
SECTION 5.11. PUBLIC RELATIONS: The Utility Authority shall keep
customers notified about changes in fees, rates, solid
waste collection schedule, water quality regulatory
compliance, levels of service and any other information
that may affect customers use of sanitary facilities.
Notices may be included in monthly billing statements
or may be disseminated to the public through separate
mailings, newsletters, tribal newspaper or posting
throughout the community.
Any person filing a complaint or seeking information shall be given
assistance in a courteous manner. Complaints may be presented orally
or in writing to any Department Staff member for resolution and
action. Complaints that cannot be resolved within ten days should be
referred to the Utility Authority in writing. The Utility Authority
will resolve such complaints at the next regularly scheduled meeting
of the Authority. The Chairman may call a special meeting of the
Commissioners to resolve complaints as deemed necessary.
SECTION 5.12. EMERGENCY NOTIFICATION: An emergency notification plan
will be developed by the Utility Authority and reviewed
annually for notifying residents and visitors of:
A. Discontinued service for more than eight (8) hours.
B. Substandard conditions in water quality. This includes
bacteriological, chemical or physical quality deficiencies.
C. Changes in scheduling of refuse pickup and septic tank
pumping.
D. Any other conditions that may adversely affect the health of
the community residents or visitors.
SECTION 5.13. STAFF TRAINING, All employees that are newly assigned
to operate the utility systems shall receive
instruction from an experienced operator. A minimum of
32 hours of instruction should be received before the
new employee assumes responsibility for operations.
Regular operators should receive up to 40 hours of formal instruction
per year. The Utility Authority will assure that operators maintain
current knowledge of water system operation techniques.
A training plan for the water system operators shall be developed
which will provide for upgrading of knowledge and skills in water
utility operations, maintenance and management. The goal of the
training program shall be Washington State certification as Water
Distribution Manager.
SECTION 5.14. LIMITS OF RESPONSIBILITIES: The Department shall not
be responsible for, nor shall it maintain or repair,
any private or domestic water or sewer system garbage,
roads or lighting except by specific agreement
establishing fair rates of compensation to the
Department, and that is approved and signed by the
Utility Authority and owner of such facilities. The
Department shall not be liable for any loss or damage
beyond its control resulting from any defect in, or
damage to, a customer's water or sewer lines or
fixtures, garbage storage facilities, driveways or
parking lots, hydrants or lighting.
SECTION 5.15. RIGHT OF ENTRY - INSPECTIONS: The Department, or its
authorized representative, is hereby authorized to make
limited, reasonable inspections, at reasonable times,
of any grounds, building or home served by the Utility
Department to the extent necessary to insure those
customer utility fixtures, lines and equipment are not
being operated in a manner that would likely disrupt or
interfere with utility services. Except in cases of
emergency where life, limb, or property are threatened,
or in cases of immediate water shortages, the
Department shall give the customer at least 24 hours
notice before requesting permission to enter and
inspect. If permission to enter and inspect is denied
or impeded in any way, the Department shall obtain a
court order authorizing such entry and inspection.
Where the permission to enter and inspect is
unreasonably withheld, the Department may assess court
costs and related expenses and adds them to the
affected customer's bill.
SECTION 5.16. DISRUPTION OF SERVICE: The Department may shut off
water or sewerage service, or disrupt traffic on the
public right-of-way to perform repairs, provided that
notice has been given to affected customers. Provided,
however, that in cases of emergencies where loss of
life, limb or property is threatened, or in cases of
immediate water shortage, service may be disrupted
without notice. The Department shall not be
responsible for consequent damage as a result of lack
of water or sewerage during authorized disruptions of
service.
The Department shall not be liable for any associated damages or delay
caused by the breaking or leaking of any pipe, valve, fixture or other
contrivance as a result of the lack of water or sewerage to or from
any mains, services, hydrants, lines or reservoirs during authorized
disruptions of service.
SECTION 5.17. PERMITS: No connection, re-connection with,
disconnections from or other private use of any
Department water or sewer system, road, appurtenance or
other utility service or facility shall be made without
a written permit by the Utility Authority. No
construction of any private water or sewer system, or
other private utility is authorized without written
permission from the Utility Authority. The Utility
Authority may require such plans from the permit
applicant as it determines are necessary to decide
whether a permit should be issued.
SECTION 5.18. WATER SHORTAGE - SERVICE PREFERENCE: In cases of a
water shortage proclaimed by the Utility Authority, the
Department shall regulate the amount of water any
customer may be allocated. The Utility Authority also
may give preference to the customers and/or amounts of
water to be allocated, provided the Utility Authority
allocates water according to public necessity of
convenience, and provides for fair allocations between
customers. Any customer violating a legal allocation
may have his water service discontinued. Service shall
be resumed only upon payment of the approved
reconnection fee and any penalties.
SECTION 5.19. UNNECESSARY WASTE OF WATER: The Utility Authority
reserves the right to conclude customer's service when
the customer has repeatedly, unduly wasted water. Such
undue waste is evidenced by the fact that hydrants,
taps, hoses and other fixtures are permitted to run
continuously when not in productive use. Where such
conditions have been observed, the Utility Authority
having been notified of the condition, may conclude
water to the premise if the condition is not corrected
within 48 hours after receipt of the notice. Service
shall be resumed only after correction of the condition
causing a wastage of water and payment by the customer
of the approved reconnection fee, penalties and any
other accounts in arrears to the Utility Authority.
SECTION 5.20. CONSERVATION OF RESOURCES: The Department shall
conduct operation, maintenance and repair services in a
manner that will maximize the conservation of natural,
financial, and property resources. Customers of the
Department shall be encouraged to conserve water
resources and to limit water use as necessary to
provide a comfortable, healthy and aesthetically
pleasing life style. The Department may offer
assistance and service to customers for water
conservation and other material resources conservation
and recovery as determined to be feasible by the
Utility Authority.
SECTION 5.21. NEW CUSTOMER SERVICES: Any dwelling within the service
area of the Utilities shall be eligible for services,
provided all the following conditions are met:
1. Facilities are adequate to meet additional load.
2. New customer agrees to adhere to this Ordinance.
3. Approval by the Utility Authority.
ARTICLE VI
CUSTOMER OBLIGATIONS
SECTION 6.01. CONDITIONS FOR SERVICE; PAYMENTS: As a condition for
receiving utility services from the Utility and
Environmental Services Department, the customer agrees
to comply with all provisions of this Ordinance, and
any regulations duly adopted by the Utility Authority
as well as any other applicable codes or regulations,
including being current in the payment of all fees,
penalties, costs, damages, or other charges assessed by
the Department.
SECTION 6.02. MAINTENANCE; REPAIRS; LIABILITY: The customer shall be
responsible for maintaining and repairing water and
sewer lines located on or in the customer's grounds,
building or home in compliance with applicable
regulations. The customer shall notify the Department
before major maintenance or repairs planned for water
or sewer lines. The customer shall permit the
Department to inspect the work for compliance with
applicable regulations. The customer shall be liable
for any damage to the Department's lines, equipment or
other property caused by the customer, his family,
guests, tenants, agents, employees, contractors,
licensees or other persons under the customer's control
or authority.
SECTION 6.03. CUSTOMER TERMINATION OF SERVICE* ABANDONMENT. A
customer planning to vacate any grounds, building or
home served by the Department shall notify the
Department in writing one week before the date the
customer plans to either vacate or conclude service,
whichever is later. A customer who fails to give
notice is responsible for all charges accrued up to one
week after notice is received by the Department, or
until service is conclude, whichever comes first.
SECTION 6.04. WATER SHORTAGES: During water shortages declared by
the Utility Authority, the customer, shall limit his
use of water according to allocations established by
the Utility Authority.
SECTION 6.05. INSPECTIONS: The customer shall not unreasonably
withhold permission for the Department to enter and
inspect the Department's and customer fixtures, lines
and equipment when necessary to insure that they are
operating in a manner that would not likely disrupt or
interfere with utility services. The customer shall be
liable for any costs or related expenses caused by his
unreasonable withholding of permission.
SECTION 6.06. PERMITS: The customer shall obtain written permission
from the Utility Authority before making any
connection, re-connection with, disconnection from, or
other private use of any Department water or sewer
system road, appurtenance, or other utility service or
facility. The customer shall obtain written permission
from the Utility Authority before constructing any
private water or sewer system or other private utility.
SECTION 6.07. CROSS-CONNECTIONS. The customer shall not make a
cross-connection with the Tribal Public Water supply.
A cross-connection is defined as any physical
connection between the Tribal Public Water system and
another piping system, either water or waste. Any
individual source must be totally disconnected from the
household plumbing before connection to the Tribal
Public Water Supply. "Disconnection" done solely by a
valve shall not be allowed.
SECTION 6.08. SOLID WASTE FACILITIES: The customer shall provide his
own containers and shall maintain the cans and holding
facility in a manner that prevents the harborage of
rodents and vermin. There shall be no excessive
accumulation of refuse, garbage or solid waste in the
community or around individual homesites.
SECTION 6.09. USE OF SEWERAGE SYSTEM: The customer shall use the
sewerage collection, treatment and disposal system only
for the disposal of normal household liquid waste
including waste from toilet facilities, shower and
bathing facilities and kitchen facilities.
SECTION 6.10. UNAUTHORIZED DISPOSAL: The customer shall not dispose
of any material into the sanitary sewer that may cause
the collection lines or subsurface drain field to
become blocked or excessively loaded with solids,
including but not limited to garbage, disposable
diapers, sanitary napkins, paper material other than
toilet paper, cigarette waste, cat litter, etc.
SECTION 6.11. TOXIC WASTE DISPOSAL: No customer shall dispose of any
toxic, radioactive or otherwise hazardous waste into
any Utility Department or private sanitary or storm
sewerage system. Toxic and hazardous wastes include
but are not limited to: oil, pesticides, gasoline,
organic solvents, paint, poisons and other manufactured
chemical compounds.
ARTICLE VII
FEE SCHEDULES AND BILLING
SECTION 7.01. FEE SCHEDULE ESTABLISHMENT: The schedule of fees for
utility services shall be set annually by the Utility
Authority. The fee schedule shall be based on the
estimated average annual costs for operation of all
utility services. The fee schedule shall include a
basic rate for all services, payment of which shall be
required of each customer regardless of whether, or the
extent to which, the customer uses any of the services,
and, other fees, charges, penalties and assessments
that the Utility Authority is authorized to levy as
provided under various sections of this Ordinance. The
fee schedule may be adjusted as needed to meet utility
operating expenses.
SECTION 7.02. PUBLIC HEARINGS: The Utility Authority shall hold a
public hearing whenever a new fee schedule is proposed
for adoption. Five days before the hearing, the
proposed fee schedule shall be sent to each customer
and shall be posted in appropriate places. Following
the public hearing the Utility Authority shall set a
fee schedule, consider comments received at the hearing.
SECTION 7.03. NOTICE TO CUSTOMERS: A copy of the fee schedule
adopted by the Utility Authority shall be sent to each
customer at least 30 days before the date the
established fees take effect.
SECTION 7.04. BILLING RESPONSIBILITIES: The Utility Authority and/or
Utility and Environmental Service Department are
responsible for billing customers for Utility and
Environmental Services. The billing service, however,
may be contracted to the Tribe, Housing Authority,
other agency or firm at the discretion of the Utility
Authority and Tribal Council.
SECTION 7.05. MONTHLY STATEMENT: Each month the Department shall
mail to all utility customers a statement detailing the
following information:
1. The customer's name and account number;
2. The types and levels of service used in the current month:
3. The billed cost of the current month's service, plus an
accounting of bills or charges past due, if any;
4. The date that payment is due; and
5. The location to mail or deliver payment.
SECTION 7.06. DUE DATE: The monthly date on which payment will be
due shall be established by Utility Authority
regulation.
SECTION 7.07. PAYMENTS PAST DUE: Payments not received within 10 days
after the established due date are considered passed
due. The Department shall issue a notice of payment
passed due to the customer, detailing the payment owed
and the consequences for failure to pay. The notice
shall be sent by the date the next billing is sent out.
SECTION 7.08. DELINQUENT ACCOUNT: If the payment passed due is not
paid within 10 days after the next regular monthly due
date, the account shall be declared delinquent.
SECTION 7.09. NOTICE OF DELINQUENCY: The Department shall
immediately notify the customer in writing once his
account has been declared delinquent, and list the
sanctions that may be imposed without further notice.
Notice of delinquency shall be made by certified mail,
or such other means to provide proof of receipt by the
customer.
SECTION 7.10. ADVANCE DEPOSITS: The Utility Authority may require
each new customer to pay an advance deposit equal in
amount to the basic monthly rate fees for the first
month of service, before receiving services. The
deposits shall be retained by the Utility Authority no
longer than one year. The deposits, with interest
compounded at passbook rates, shall be credited to the
individual customer's utility account balance at the
end of the deposit period, providing that the
customer's account is not delinquent and in arrears.
Any remaining deposit funds will be returned to the
customer.
ARTICLE VIII
ENFORCEMENT; PENALTIES; SANCTIONS
SECTION 8.01. AUTHORITY AND ENFORCEMENT: The Utility Authority is
hereby authorized by the Tribal Council to collect
established fees for service and to impose sanctions
and penalties for non-payment. The Utility Authority
shall enforce its regulations, fee collections and
provisions of this ordinance by shutting off water
service of any violators and delinquent bill-payers or
imposing other penalties and sanctions as authorized.
SECTION 8.02. ATTACHMENT OF CUSTOMER'S PROPERTY: The Utility
Authority shall not seek to attach customer's property,
nor seek to have fines assessed by Tribal Court, except
in limited cases of blatant or continued abuses or
destruction of property.
SECTION 8.03. PENALTY SCHEDULE: The Utility Authority shall develop
and adopt a penalty schedule that outlines specific
penalties, fines and assessments for violation and
non-compliance with the provisions of this ordinance.
The penalty schedule shall be reviewed for
appropriateness annually by the Utility Authority.
SECTION 8.04. SANCTIONS AUTHORIZED: The following sanctions may be
imposed by the Utility Authority for failure of the
customer to comply with any provisions of this
ordinance or with any duly adopted regulation of the
Utility Authority:
(1) Termination of service(s)
(2) Assessment of penalties based on a penalty schedule adopted
by regulation of the Utility Authority;
(3) Assessment of late charges based on a schedule adopted by
regulation of the Utility Authority;
(4) Assessment of damages resulting from the customer's
noncompliance,
(5) Forfeiture of all or part of a deposit and any accumulated
interest;
(6) Filing of a lien against the customer's property after the
account is declared delinquent;
(7) Enforcing a lien by seeking judgment, and satisfaction from
the customer's property from a court of competent
jurisdiction;
(8) Filing suit for damages in a court of competent
jurisdiction; and
(9) Referring violations that may involve criminal conduct to
the police or prosecutor.
SECTION 8.05. SANCTIONS GUIDELINES: The Utility Authority shall use
the following guidelines when considering the
appropriate sanctions to be imposed in any given case:
(1) Whether the sanction is required by this ordinance or other
applicable law, or whether imposition is discretionary;
(2) The minimum sanction needed to effect compliance;
(3) The irreparable harm to the customer and/or family if the
sanction is imposed;
(4) The irreparable harm to operation of the Department, and to
the Tribe, if the sanction is not imposed;
(5) The customer's past record of compliance or non-compliance,
or good faith efforts to achieve compliance;
(6) The customer's statements or behavior indicating the likely
success of a given sanction securing compliance;
(7) The irreparable harm to other persons or property if the
sanction is not imposed; and
(8) The effectiveness of similar sanctions in securing
compliance in other cases.
ARTICLE IX
MISCELLANEOUS PROVISIONS
SECTION 9.01. VALIDITY, SEVERABILITY: The invalidity of any section,
clause, sentence or provision of this ordinance shall
not affect the validity of any part of this ordinance
that can be given effect without such invalid part or
parts.
SECTION 9.02. AMENDMENTS: The Pueblo of Acoma Tribal Council has the
power to amend this ordinance at any time. The Tribal
Council shall act upon proposed amendments to this
ordinance, submitted for action by the Utility
Authority, by approval or disapproval of such proposed
amendments.
SECTION 9.03. SUSPENSION OF ORDINANCE: No employee, officer,
contractor or agent of the Pueblo of Acoma Indian Tribe
is authorized to suspend or alter any of the provisions
of this ordinance without the formal approval of the
Pueblo of Acoma Tribal Council.
The foregoing Ordinance was dully enacted by the Pueblo of Acoma
Tribal Council on the day of 1993, at a meeting at which a
quorum was present with a vote of for: against: not voting;
and absent, pursuant to the authority vested in the Pueblo of Acoma
Council, pursuant to Section 16 of the Act of June 18, 1934 (48 STAT
984). Said Ordinance is effective as of the date of its approval by
the Pueblo of Acoma Governing Body.
Daabup,Pueblo of
Acoma
Tinyenti
Ayuranti
My'yuu Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
ATTEST:
------------------------
Kudyaat'ita, Pueblo of Acoma
PUEBLO OF ACOMA
CERTIFICATION
I, the undersigned as Governor of the Pueblo of Acoma, "Sky
City," hereby certify that the Acoma Tribal Council at a duly called
meeting of the Tribal Council and the people of Acoma, convened and on
the day of 1993, at a meeting at which a quorum was present with a
vote of for; against; not voting; and absent, pursuant to
the authority vested in the Pueblo of Acoma Council pursuant to
Section 16 of the Act of June 18,1934 (48 STAT 984). Said Ordinance
is effective as as of the day of its approval by the Pueblo of Acoma
Governing Body.
Daabupu, Pueblo of Acoma
ATTEST:
-----------------------
Kudyaat'ta, Pueblo of Acoma
Stanley Paytiamo, Environmental Engineer and Scientist AIPC Pueblo
Office Environmental Protection Complete July 1, 1993 For Pueblo
of Acoma (September 23,1993)
ALL INDIAN PUEBLO COUNCIL
Pueblo Office of Environmental Protection
P.O. Box 3256 Albuquerque, New Mexico 87190 (505) 884-0480
FAX (505) 883-7682
MEMORANDUM
To: Tribal Council
Through: Governor Reginald T. Pasqual
From: Stanley Paytiamo, Environmental Engineer and Scientist
Date: July 1, 1993
Subject: Tribal Utility and Environmental Services Ordinance
Attached please find the following completed documents ready,
for adoption by the Tribal Council after their review:
1. Tribal Utility and Environmental Services Ordinance.
2. Plan of Operation of the Utility and Environmental Department
3. Resolution affirming the appointment of the Utility Services
Board
I will be glad to come before the council if needed to explain
these important projects.
I want to express my appreciation the Tribal Council and
Administration for time they gave us in making our presentation on the
draft of the above items and the explaining the POEP's various
programs that are available to Pueblo of Acoma for technical
assistance.
Please feel free to call on us for any assistance on
environmental issues as well as other tribal needs.
cc: Lloyd Sunia, Director POEP
James Garcia, Head Councilman
Thomas J. Ketchenson, TUC IHS
ALL INDIAN PUEBLO COUNCIL
Pueblo Office of Environmental Protection
Post Office Box 3256 Albuquerque, New Mexico 87190
(505) 884-0480 FAX (505) 883-7682
UTILITY AND ENVIRONMENTAL
SERVICES ORDINANCE
AND
PLAN OF OPERATION
FOR PUEBLO OF ACOMA
Prepared by the
ALL INDIAN PUEBLO COUNCIL
PUEBLO OFFICE OF ENVIRONMENTAL
PROTECTION
Stanley Paytiamo, Environmental Engineer and Scientist
PUEBLO OF ACOMA
"THE SKY CITY"
P.O. BOX 309
ACOMA, NEW MEXICO 87034
UESDOR/Acoma
TELEPHONE 505/552-6604
OFFICE OF THE GOVERNOR FAX 505/552-6600
ORDINANCE NUMBER: ORD-TC-93-
UTILITY AND ENVIRONMENTAL SERVICES ORDINANCE
PUEBLO OF ACOMA INDIAN TRIBE
TABLE OF CONTENTS
ARTICLE I GENERAL PROVISIONS PAGE
Section 1.01. Title and Date.......................... 4
Section 1.02. Purpose................................. 4
Section 1.03. Policy.................................. 4
Section 1.04. Jurisdiction............................ 4
ARTICLE II: DEFINITION OF TERMS
Section 2.01. General................................. 5
Section 2.02. Appurtenances........................... 5
Section 2.03. Customer................................ 5
Section 2.04. Customer Lines.......................... 5
Section 2.05. Garbage................................. 5
Section 2.06. Distribution System Lines............... 5
Section 2.07. Meter................................... 5
Section 2.08. Manager................................. 5
Section 2.09. Operator................................ 5
Section 2.10. On-site Sewage Treatment and Disposal
Systems......................... 6
Section 2.11. Off-Reservation......................... 6
Section 2.12. Regulation.............................. 6
Section 2.13. Sewage Disposal System Cleaner.......... 6
Section 2.14. Tribal Community........................ 6
Section 2.15. Contractor.............................. 6
Section 2.16. Utilities and Environmental Service..... 6
Section 2.17. Utility Authority....................... 6
Section 2.18. Utility and Environmental Service
Department...................... 6
ARTICLE III: UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
AND UTILITY AUTHORITY
Section 3.01. Establishment of Utility and Environmental
Services Department............. 8
Section 3.02. Utility Authority........................ 8
Section 3.03. Utility Authority Operating Organization. 8
Section 3.04. Utility Authority - Powers and
Responsibilities................ 8
Section 3.05. Utility Authority - Membership........... 9
Section 3.06. Term of Office........................... 9
Section 3.07. Utility Authority - Method of
Appointment.......................... 10
Section 3.08. Utility Authority - Vacancies.......... 10
Section 3.09. Officers............................... 10
Section 3.10. Duties of Officers..................... 10
Section 3.11. Meetings............................... 11
Section 3.12. Quorum and Voting...................... 11
Section 3.13. Meeting Agenda......................... 11
Section 3.14. Compensation........................... 11
Section 3.15. Public Hearings........................ 12
ARTICLE IV: MANAGEMENT AND FINANCES
Section 4.01. Management Personnel................... 13
Section 4.02. Annual Budget.......................... 13
Section 4.03. User Fee Schedule...................... 13
Section 4.04. Fiscal Year............................ 13
Section 4.05. Depository............................. 13
Section 4.06. Investments............................ 13
Section 4.07. Disbursements and Receipts............. 14
Section 4.08. Records and Accounts................... 14
Section 4.09. Exclusive Use of Funds................. 14
Section 4.10. Audit and Reports...................... 14
Section 4.11. Bonding................................ 14
Section 4.12. Insurance.............................. 14
Section 4.13. Petty Cash............................. 15
Section 4.14. Regulations and Policy................. 15
Section 4.15. Regulation; Policy Suspension,
Alteration.......................... 15
Section 4.16. Amendments............................. 15
Section 4.17. Grievances............................. 15
Section 4.18. Non-Waiver of Sovereign Immunity....... 15
ARTICLE V: UTILITY AND ENVIRONMENTAL SERVICES - OPERATION
Section 5.01. Services Provided...................... 17
Section 5.02. Water Service.......................... 17
Section 5.03. Sewerage Services...................... 17
Section 5.04. Garbage Service........................ 17
Section 5.05. Future Services........................ 18
Section 5.06. Maintenance Schedule................... 18
Section 5.07. Personnel.............................. 18
Section 5.08. Purchasing............................. 18
Section 5.09. Equipment.............................. 18
Section 5.10. Inventory.............................. 18
Section 5.11. Public Relations....................... 19
Section 5.12. Emergency Notification................. 19
Section 5.13. Staff Training......................... 19
Section 5.14. Limits of Responsibility............... 20
Section 5.15. Right of Entry - inspections........... 20
Section 5.16. Disruptions of Service................. 20
Section 5.17. Permits................................ 21
Section 5.18. Water Shortage - Service Preference.... 21
Section 5.19. Unnecessary Waste of Water............. 21
Section 5.20. Conservation of Resources.............. 21
Section 5.21. New Customer Services.................. 21
ARTICLE VI: CUSTOMER OBLIGATIONS
Section 6.01. Conditions for Service; Payments....... 23
Section 6.02. Maintenance; Repairs; Liability........ 23
Section 6.03. Customer Termination of Service;
Abandonment............................ 23
Section 6.04. Water Shortages........................ 23
Section 6.05. inspections............................ 23
Section 6.06. Permits................................ 24
Section 6.07. Cross-Connections...................... 24
Section 6.08. Solid Waste Facilities................. 24
Section 6.09. Use of Sewerage System................. 24
Section 6.10. Unauthorized Disposal.................. 24
Section 6.11. Toxic Waste Disposal................... 24
ARTICLE VII: FEE SCHEDULES AND BILLING
Section 7.01. Fee Schedule Establishment.............. 25
Section 7.02. Public Hearing.......................... 25
Section 7.03. Notice to Customers..................... 25
Section 7.04. Billing Responsibility.................. 25
Section 7.05. Monthly Statements...................... 25
Section 7.06. Due Date................................ 26
Section 7.07. Payments Past Due....................... 26
Section 7.08. Delinquent Accounts..................... 26
Section 7.09. Notice of Delinquency................... 26
Section 7.10. Advance Deposits........................ 26
ARTICLE VIII: ENFORCEMENT; PENALTIES; SANCTIONS
Section 8.01. Authority and Enforcement............... 27
Section 8.02. Attachment of Customers Property........ 27
Section 8.03. Penalty Schedule........................ 27
Section 8.04. Sanctions Authorized.................... 27
Section 8.05. Sanctions Guidelines.................... 28
ARTICLE IX: MISCELLANEOUS PROVISIONS
Section 9.01. Validity Severability................... 29
Section 9.02. Amendments.............................. 29
Section 9.03. Suspension of Ordinance................. 29
ORDINANCE NUMBER: ORD-TC-93-
PUEBLO OF ACOMA TRIBAL COUNCIL
TRIBAL UTILITY AND ENVIRONMENTAL SERVICES
ORDINANCE
BE IT ENACTED by the Tribal Council of Pueblo of Acoma as follows:
ARTICLE
GENERAL PROVISIONS
SECTION 1.01. TITLE AND DATE; This ordinance shall be titled; the
Pueblo of Acoma Tribal Utility and Environmental
Services Ordinance. The ordinance shall become
effective immediately upon adoption by resolution by
the Pueblo of Acoma Tribal Council.
SECTION 1.02. PURPOSE: The purpose of the Pueblo of Acoma Tribal
Utility and Environmental Service Ordinance is to
define the policies, establish an organization and
identify the necessary rules and regulations for:
(1) the operation, maintenance and management of
the various public utilities located on the
Pueblo of Acoma Indian Reservation; and
(2) management for the provision of essential
environmental services within the Reservation
Community.
SECTION 1.03. POLICY: It shall be the policy of the Pueblo of Acoma
Indian Tribe to operate, maintain and manage the
public utilities and essential environmental services
on the Pueblo of Acoma Indian Reservation so that the
community residents are provided with a high level of
environmental services designed to minimize exposure
to adverse conditions that could negatively have an
impact on the physical and environmental health of
any individual or the community. It shall also be
the policy of the Pueblo of Acoma Indian Tribe that
the operation maintenance and management of the
public utilities and environmental services shall be
carried out through an efficient program and in a
financially responsible cost effective and
self-sufficient manner.
SECTION 1.04. JURISDICTION: The authority to establish a Tribal
Utility and Environmental Services Organization and
to levy appropriate user fees to all residents and
organizations operating on the Pueblo of Acoma Indian
Reservation pursuant to the authority vested in the
Pueblo of Acoma Council, pursuant to Section 16 of
the Act of June 18, 1934 and is a federally
recognized tribe organized under the provision of
P.L. 73-838, 48 STAT. 894, "The Indian Reorganization
Act."
ARTICLE II
DEFINITION OF TERMS
SECTION 2.01. GENERAL: Unless the context specifically indicates
otherwise, the meaning of terms used in this
Ordinance shall be set forth in this Article 11.
SECTION 2.02. APPURTENANCES: "Appurtenances" is the real and
personal property owned by the Utility and
Environmental Services Department or the Tribe
located on, near or under the roadways and streets,
such as fire hydrants and valves.
SECTION 2.03. CUSTOMER: "Customer" means a person, business,
agency or other organization that uses, is entitled
to use, or is obligated to pay for the use or receipt
of services from the Utility and Environmental
Services Department.
SECTION 2.04. CUSTOMER LINES: "Customer lines" are the potable
water lines located immediately next to, inside, or
under a customer's home or other building or
property, which are either connected to utility
service lines or are maintained by the customer
separately from utility service lines.
SECTION 2.05. GARBAGE: "Garbage" shall mean all degradable and
non-degradable refuse and solid waste without
economic value that is generated through the course
of normal living by the residents and organizations
in the community.
SECTION 2.06. DISTRIBUTION SYSTEM LINES: 'Distribution system
lines" are those potable water lines maintained by
the Utility and Environmental Services Department by
which water utility services are provided to
customers.
SECTION 2.07. METER: "Meter" is a device, owned by the Utility and
Environmental Services Department, for measuring the
amount of water utility services provided to a
particular customer.
SECTION 2.08. MANAGER: "Manager" shall mean an individual hired by
or appointed by the Utility Authority to oversee and
manage the operation of the Utility and Environmental
Services Department.
SECTION 2.09. OPERATOR: "Operator" shall mean an individual hired
by or appointed by the Utility Authority or manager
to provide direct day to day preventive maintenance
and operational service for the public water and
sanitary sewer utilities.
SECTION 2.10. ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS;
"On-site sewage treatment and disposal systems" shall
mean individual or community septic tanks and
subsurface drain fields and associated appurtenances
that collect, treat and dispose of liquid waste
generated by customers, which are maintained and
operated by the Utility and Environmental Services
Department.
SECTION 2.11. OFF-RESERVATION: "Off-reservation" is any area
located outside the exterior boundaries of the Pueblo
of Acoma Indian Reservation.
SECTION 2.12. REGULATION: "Regulation" is a rule of law or procedure
duly adopted by the Utility Authority for purposes of
implementing the requirements of this ordinance.
SECTION 2.13. SEPTIC SYSTEM CONTRACTOR: "Septic system Contractor"
shall mean any individual, firm, contractor or
organization whom the Utility Authority contracts
with, to pump out on-site sewage treatment and
disposal systems and dispose of the waste material
and/or to repair the on-site sewage treatment and
disposal systems located on the Pueblo of Acoma
Indian Reservation.
SECTION 2.14. TRIBAL COMMUNITY: "Tribal Community," for purposes
of this ordinance, shall include, but not necessarily
be limited to, enrolled Pueblo of Acoma Tribal
members.
SECTION 2.15. CONTRACTOR: "Contractor" shall mean any individual,
firm, contractor or organization who contracts with
the Utility Authority to provide environmental
services or utility repairs, design, inspection,
reconstruction or operation.
SECTION 2.16. UTILITIES AND ENVIRONMENTAL SERVICES: "Utilities
and Environmental Services" is those basic services
necessary for supporting residential and commercial
development, including, but not limited to, water,
sewer, garbage collection, roads and appurtenances.
SECTION 2.17. UTILITY AUTHORITY: "Utility Authority" is the
agency responsible for, and authorized to manage, the
Utility and Environmental Services Department of the
Pueblo of Acoma Indian Tribe, as established by this
ordinance.
SECTION 2.18. UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT:
"Utility and Environmental Services Department" is a
governmental department of the Pueblo of Acoma Indian
Tribe authorized to operate the utility services
provided by the Tribe.
SECTION 2.19. DEPARTMENT: "Department" shall mean the Utility and
Environmental Services Department of the Pueblo of
Acoma Indian Tribe.
SECTION 2.20. VENDOR: "Vendor" is any individual firm, contractor or
organization who regularly supplies parts, equipment,
supplies and services to the Utility and
Environmental Services Department used in the
operation maintenance and management of the Utilities
and Environmental Services of the Pueblo of Acoma
Indian Reservation.
SECTION 2.21. COLLECTION LINES: "Collection Lines" is those
sanitary sewerage lines maintained by the Utility and
Environmental Services Department by which sanitary
sewer collection and disposal services are provided
to customers.
SECTION 2.22. SHALL, MAY: "Shall" is mandatory; "may" is permissive.
ARTICLE III
UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
AND
UTILITY AUTHORITY
SECTION 3.01. ESTABLISHMENT OF UTILITY AND ENVIRONMENTAL SERVICES
DEPARTMENT: There is hereby established the Pueblo
of Acoma Tribal Utility and Environmental Services
Department having the responsibility for operating
and maintaining the tribal public utilities and
providing essential community environmental services
directly or by contract.
SECTION 3.02. UTILITY AUTHORITY: There is hereby established the
Pueblo of Acoma Tribal Utility Authority to serve as
the advisory, administrative and management authority
for the Pueblo of Acoma Tribal Utility and
Environmental Services Department.
SECTION 3.03. UTILITY AUTHORITY - OPERATING ORGANIZATION: The
Utility Authority shall operate as a subordinate unit
of tribal government, independent in its daily
operation, but responsible to the Tribal Council for
its actions. The methods of appointment, terms of
office, and operating procedures of the Utility
Authority shall be set forth in this ordinance and in
regulations adopted by the Utility Authority.
SECTION 3.04. UTILITY AUTHORITY - POWER'S AND RESPONSIBILITIES:
The Utility Authority shall manage the public
utilities of the Tribe, and obtain and disburse funds
as required for operation, maintenance and expansion
of the tribal public utilities.
To fulfill these responsibilities, the Authority shall have the
power to:
(1) Levy and collect reasonable fees for utility services;
(2) Provide for the hiring and compensation of appropriate
management and maintenance personnel:
(3) Adopt appropriate regulations to implement the requirements
of this Ordinance;
(4) Authorize disbursement of funds for operation, maintenance
and repair of utility services.
(5) Contract with vendors and contractors to assure that safe
and reliable environmental services are available to and
use by the residents of the Pueblo of Acoma Reservation.
(6) Authorize investment of Utility and Environmental Service
Department funds.
SECTION 3.05. UTILITY AUTHORITY - MEMBERSHIP: The Utility
Authority shall be composed of five persons appointed
by the Tribal Council. One person shall be selected
from the Tribal Council, as its representative; and,
four persons selected from the general tribal
community.
The Council shall appoint at least three of the five
members from the on-reservation users of the Tribal
Public Utilities. Members of the Utility Authority
shall be known as Utility Commissioners.
SECTION 3.06. TERM OF OFFICE: Except for the initial Authority
membership, all Commissioners will serve two-year
terms, except for the representative from the Tribal
Council who shall serve a one-year term. Initial
Commissioners of the Authority shall serve terms as
follows:
Council Representative (Position 1) - 1 year
Community Representative (Position 2) - 2 years
Community Representative (Position 3) - 1 year
Community Representative (Position 4) - 2 years
Community Representative (Position 5) - 1 year
Terms shall expire upon the swearing in of newly
appointed Commissioners. If there is the Council
Representative Commissioner loses or resigns his
position on the Council, his appointment to the
Utility Authority shall expire immediately, and the
Council shall fill the vacancy by appointment of a
new Commissioner at the next regular meeting of the
Tribal Council.
SECTION 3.07. UTILITY AUTHORITY - METHOD OF APPOINTMENT: The
Tribal Council shall annually appoint persons to fill
any Utility Authority vacancies. For the Commissioner
positions to be filled by tribal community members,
the Council shall advertise in the tribal newsletter
soliciting interested persons for nomination. For
all Commissioner positions, the Council shall choose
persons capable and willing to perform the duties of
the Authority. After receiving nominations, the
Council shall appoint Commissioners by a majority
vote.
SECTION 3.08. UTILITY AUTHORITY VACANCIES: If a Commissioner
resigns, moves from the local area, dies, or is found
guilty of a felony or major crime in any court of
law, the Tribal Council shall declare the
Commissioner position vacant. If any Commissioner
misses two consecutive Utility Authority meetings
without a valid excuse, the Tribal Council may
declare the position vacant. All vacancies shall be
filled within one month according to this Section.
If there is the number of unfilled Commissioners
vacancies prevents gathering of a quorum for purposes
of conducting business, the Tribal Council shall act
as the interim Utility Authority until the filling of
Commissioners' vacancies allows for a quorum.
SECTION 3.09. OFFICERS: Within ten days after the appointment of
the initial Commissioners, there shall be an
organizational meeting of the Utility Authority to
elect a Chairman, Vice Chairman and a
Secretary-Treasurer from the Utility Authority
Commissioners. The Officers shall be elected
annually thereafter, immediately following the
appointment by the Tribal Council of the new
Commissioners.
SECTION 3.10. DUTIES OF OFFICERS: Officers of the Utility
Authority shall assume the following duties:
1. Chairman - Shall preside at all meetings; call and
arrange all meetings; be responsible for all general
management of the Utility Authorities affairs; and
perform all duty's incidental to the office.
2. Vice-Chairman - Shall perform all the Chairman's duties
without the Chairman; and shall assist the Chairman as
required in handling the Utility Authority's affairs.
3. Secretary-Treasurer - Shall keep or cause to be kept a
complete and accurate record of all meetings and shall
maintain all correspondence, notices and records of the
Utility Authority: Shall be responsible for maintaining
financial records of the Utility and Environmental
Services Department: Shall report the Department's
financial status at each regularly scheduled Utility
Authority meeting and shall present to the Commissioners
for their action all requests for funds to meet the
Department's financial obligations. Shall prepare an
annual financial statement for submission to the Tribal
Council for the general membership meeting. Further, the
Treasurer shall make all investments for the Utility
Authority in accordance with appropriate sections of this
ordinance.
SECTION 3.11. MEETINGS: The Utility Authority shall meet when
business demands and requires attention, but in no
case less than once per month. Regular and special
meetings shall be called by the Chairman. Any two
Commissioners may request the Chairman, in writing,
to schedule a special meeting of the Utility
Authority. If the Chairman fails to schedule a
meeting within five days after receipt of a written
request, any other two Commissioners may call such a
meeting.
Meetings shall be held in public places, and the
Utility Authority shall provide at least 5 days
public notice of Authority meetings. Emergency
meetings may be convened with less than five days
notice, in cases of emergency where loss of life,
limb or property is threatened, or where the
continued operation or fiscal capability of the
Tribal public utilities may be in jeopardy. All
meetings shall be open to members of the tribal
community and to users of the Tribal Public Utilities.
SECTION 3.12. QUORUM AND VOTING: A minimum of four Commissioners
is required to establish a quorum and conduct Utility
Authority business. Any action taken by the Utility
Authority must be approved by a majority vote of that
Commissioners present at a Utility Authority meeting.
Each Commissioner of the Utility Authority, except
the Chairman, shall be entitled to vote on each
matter coming properly before the Utility Authority.
The Chairman shall vote only if there is a tie.
SECTION 3.13. MEETING AGENDA: Regular meetings of the Utility
Authority shall be conducted according to the
following agenda outline:
1. Call to Order
2. Roll call
3. Reading of minutes of previous meeting
4. Report by Treasurer
5. Report by Manager and /or Operator
6. Unfinished business
7. New business
8. Miscellaneous business
9. Adjournment
SECTION 3.14. COMPENSATION: Commissioners of the Utility Authority
shall serve without monetary compensation, except as
determined by the Tribal Council. The Council shall
establish prevailing government rates for mileage,
per diem, or other costs, consistent with tribal
policy, and shall direct the Business Manager to
approve such expenditures; provided that funds are
available within the Utility and Environmental
Services Department budget approved by the Utility
Authority and ratified by the Tribal Council.
SECTION 3.15. PUBLIC HEARINGS: The Utility Authority shall convene
public hearings to discuss changes in utility rates
assessed to users of tribal public utilities. All
users of tribal public utilities shall be afforded
seven days written notice of such hearings, and
adequate notices shall be posted at appropriate
places within the community.
ARTICLE IV
MANAGEMENT AND FINANCES
SECTION 4.01. MANAGEMENT PERSONNEL: The Utility Authority shall
manage the business and operating affairs of the
Utility and Environmental Services Department. The
Utility Authority may provide for hiring and
contracting personnel for the care and maintenance of
the Tribal Public Utilities (provided that hiring
shall be in accordance with tribal personnel
policies), and shall establish compensation rates
consistent with the Utility Department approved
budget. The Utility Authority may delegate only
those management duties that are not specifically
designated as duties to be performed exclusively by
the Utility Authority.
SECTION 4.02. ANNUAL BUDGET: The Utility Authority shall establish
an annual budget enumerating the necessary costs of
Utilities and Environmental Services operation,
maintenance, administration, personnel, liability and
other insurance, replacement, and a reserve for major
repairs and replacements.
SECTION 4.03. USER FEE SCHEDULE: The annual budget shall be used
to determine a fee schedule to be assessed to the
users of Tribal Public Utilities. The budget and fee
schedule shall be approved by the Utility Authority
and ratified by the Tribal Council.
SECTION 4.04. FISCAL YEAR: The fiscal year for the Utilities and
Environmental Services Department shall be the same
as the fiscal year of the Tribal Council.
SECTION 4.05. DEPOSITORY: The depository of the Department shall
be a separate commercial account or accounts in any
bank selected by the Utility Authority. Said account
shall be in the name "Pueblo of Acoma Tribal Utility
Authority."
SECTION 4.06. INVESTMENTS: Funds on deposit more than 30 days
working capital may be invested in insured deposits
at a commercial bank, savings and loan association or
investment company offering the highest interest
rate, provided that investment deposits shall have
immediate liquidity. Investment deposits shall be
made by the Utility Authority Treasurer. Withdrawals
of investments require the approval of the Utility
Authority Treasurer. Withdrawals from accounts shall
be signed by two of the officers of the Utility
Authority.
SECTION 4.07. DISBURSEMENTS AND RECEIPTS: The Utility Authority
shall determine the distribution of funds required
for the operation, maintenance and management of the
Tribal Public Utilities and Environmental Services.
Disbursements will be made by check upon presentation
of invoices or vouchers. Disbursements shall be made
by the Officers of the Utility Authority or employees
properly designated by the Utility Authority. The
checks written on accounts shall be signed by two of
the Officers of the Utility Authority. Cash receipts
will be deposited intact, as to amount, in the
depositor promptly. Receipts will be issued for all
cash received and copies filed and retained for
accounting.
SECTION 4.08. RECORDS AND ACCOUNTS: Suitable financial records
shall be maintained for all expenditures, receipts
from payments for services, investments and returns
on investments, and any other financial matters
necessary for operation of the Utility and
Environmental Services Department. The separate
accounting records for the Department shall be
maintained in an appropriate business like manner.
The records of accounts shall be made available to
the Tribal Council upon request.
SECTION 4.09. EXCLUSIVE USE OF FUNDS: The funds accrued by the
Utility Authority and kept on deposit are for the
exclusive use of the Utility and Environmental
Services Department for the necessary operation,
maintenance, and management of the Tribal public
utilities and environmental services. Utility
Authority funds shall not be transferred or loaned to
the Tribal General Fund or any other accounts of the
Tribe or other Tribal departments, except to pay for
services provided to the Utility Authority or
Department by other Tribal Departments.
SECTION 4.10. AUDIT AND REPORTS: The accounts of the Utility
Authority will be audited annually at the close of
the fiscal year at the expense of the Department.
Annual and periodic reports will be submitted by the
Utility Authority to the Tribal Council.
SECTION 4.11. BONDING: Officers of the Utility Authority and any
other person(s) designated to handle funds for the
Utility and Environmental Services Department, shall
be bonded for amounts up to $100,000.
SECTION 4.12. INSURANCE: Fire and other insurance on property
owned or used by the Department or on property in
which the Department has an insurable interest shall
be in amounts and type of coverage specified by the
Utility Authority. Insurance may be part of the
Tribal insurance policies, with the expenses thereof
pro-rated to the Department if so directed by the
Tribal Council.
SECTION 4.13. PETTY CASH: A petty cash fund is authorized to be
established in the amount of $2,000. This fund may
be used to pay small expenses, when necessary, and to
pay small obligations when it is not feasible to pay
by check on the official depository. The fund may be
reimbursed periodically from the official depository
of the Utility Authority in the amount of and upon
the submittal of receipts, vouchers, and statements
signed by the payees, of their proof of expenditure.
Petty cash reimbursement vouchers shall be certified
by the Treasurer.
SECTION 4.14. REGULATIONS AND POLICY: The Utility Authority shall
have the authority to adopt appropriate regulations
and policy as needed to implement the provisions
contained in this ordinance.
SECTION 4.15. REGULATION; POLICY SUSPENSION ALTERATION: No
regulation duly adopted by the Utility Authority may
be suspended or altered by any person without prior
written authorization of the Utility Authority.
SECTION 4.16. AMENDMENTS: The Utility Authority shall recommend
amendments to this ordinance that it believes
necessary to promote the efficient, cost effective
and self-sufficient operation of the Utility and
Environmental Services Department, and shall present
such amendments to the Tribal Council for approval.
SECTION 4.17. GRIEVANCES: Any customer or any applicant for
utility services, who is aggrieved by any action of
the Utility and Environmental Service Department or
the Utility Authority may file a grievance with the
Utility Authority. The Utility Authority shall abide
by the regulation set forth in this ordinance and
shall handle such grievances in a manner that
provides for due process of law.
All decisions by the Utility Authority on matters
that have been submitted for grievance under the
Department's grievance procedures shall be considered
final. Final decisions of the Utility Authority may
be appealed by an aggrieved party only on the basis
that the Department's grievance procedures were not
followed, or that due process was denied.
SECTION 4.18. NON-WAIVER OF SOVEREIGN IMMUNITY: The Utility and
Environmental Services Department are an agency of
the Pueblo of Acoma Indian Tribe, and thereby retain
all rights of sovereign immunity of the Tribe. By
providing services and entering into service
agreements, the Department shall not waive the
sovereign immunity of the Pueblo of Acoma Indian
Tribe or any of its officers, agents, attorneys or
employees, or any one else acting at the direction of
and on behalf of the (Pueblo of Acoma Indian Tribe.
ARTICLE V
UTILITY AND ENVIRONMENTAL SERVICES - OPERATION
SECTION 5.01. SERVICES PROVIDED: The services provided by the
Utility and Environmental Services Department shall
include domestic water, sewer and garbage.
Additional services may be provided upon approval by
the Utility Authority and ratification by the Tribal
Council.
SECTION 5.02. WATER SERVICE: The Utility Authority is responsible
to provide safe, adequate water for a fee to those
houses, businesses and institutions connected to the
mainlines of the community water system.
Responsibility for maintenance will include water
sources, storage tanks, controls, mainlines, valves
and hydrants, and service line to the curb stops
only. The service lines from the curb stop to the
house and interior house plumbing are the
responsibility of the customer. The individual
household water meters are owned by the Utility
Authority and it is the responsibility of the
Department to maintain the meters. The tribal
community water systems shall be managed such that
the regulatory requirements of the Federal Safe
Drinking Water Act, as established by the
Environmental Protection Agency, are satisfied.
SECTION 5.03. SEWERAGE SERVICE: The Utility Authority is
responsible to provide sanitary disposal of domestic
liquid waste for a fee to those houses, businesses
and institutions connected to the mainlines of the
community sewerage system. Further, the Utility
Authority is responsible for the maintenance and
repair of community sanitary sewage disposal systems
and storm sewer systems. Responsibility for
maintenance includes treatment facilities, pumping
stations, mainlines, manholes, and service lines to
the individual property lines. Tribal sewerage
collection, treatment and disposal systems shall be
managed such that applicable Federal regulations of
the Clean Water Act and the National Pollution
Discharge Elimination System are satisfied.
The Utility Authority is responsible for maintenance
individual on-site sewage disposal systems, including
individual pumping stations, and for pumping the
septic tanks on a periodic basis. The service lines
from the property line to the house or the septic
tank inlet to the house and interior house plumbing
are the responsibility of the customer.
SECTION 5.04. GARBAGE SERVICE: Garbage collection and disposal
service shall be provided by the Utility Authority
for a fee for the houses located in the reservation
community. The Utility Authority will provide this
service directly or enter into a contract with a
nearby solid waste collection contractor in order to
provide this service to the community.
SECTION 5.05. FUTURE SERVICES: At some future date the Utility
Authority may assume responsibility to provide
electrical, gas, telephone, cable TV or other utility
services.
SECTION 5.06. MAINTENANCE SCHEDULE: The Utility Authority shall
develop and follow a regular schedule of maintenance
service for each water and sewerage system and
components thereof.
SECTION 5.07. PERSONNEL: The Utility Authority shall have the full
authority to hire, evaluate and discipline or fire if
necessary the personnel required to manage, operate
and maintain the Public Utilities. Existing Tribal
Staff may be used and employed by the Utility and
Environmental Services Department to provide
necessary maintenance and management services through
agreements approved by the Tribal Council and the
Utility Authority. The specific personnel policies of
the Tribe shall be followed. Job descriptions for
all employees will be developed and followed.
SECTION 5.08. PURCHASING: The Utility system operator may make or
approve purchases from the petty cash fund for
amounts up to $2,000. Above this amount, the Utility
Authority Treasurer must give approval and disburse
funds according to appropriate sections of this
ordinance. An accurate account and receipts of all
expenditures will be kept.
SECTION 5.09. EQUIPMENT: All utilities equipment shall be
maintained according to the established maintenance
schedule and quickly repaired when necessary so that
disruptions in service are minimized.
Utility tools and equipment are not for personal use.
Equipment shall not be loaned to other Tribal
Departments. A record of tools and the individual to
whom they were assigned shall be maintained.
Individuals will be held responsible for the security
of tools and supplies that are assigned to them.
SECTION 5.10. INVENTORY: An accurate inventory of tools,
equipment, and supplies will be kept up to date. A
reserve supply of repair parts and regularly used
supplies will be maintained by the Department. A
listing shall be kept of local suppliers of repair
parts, replacement equipment and expendable supplies.
SECTION 5.11. PUBLIC RELATIONS: The Utility Authority shall keep
customers notified about changes in fees, rates,
solid waste collection schedule, water quality
regulatory compliance, levels of service and any
other information that may affect customers use of
sanitary facilities. Notices may be included in
monthly billing statements or may be disseminated to
the public through separate mailings, newsletters,
tribal newspaper or posting throughout the community.
Any person filing a complaint or seeking information
shall be given assistance in a courteous manner.
Complaints may be presented orally or in writing to
any Department Staff member for resolution and
action. Complaints that cannot be resolved within
ten days should be referred to the Utility Authority
in writing. The Utility Authority will resolve such
complaints at the next regularly scheduled meeting of
the Authority. The Chairman may call a special
meeting of the Commissioners to resolve complaints as
deemed necessary.
SECTION 5.12. EMERGENCY NOTIFICATION: An emergency notification
plan will be developed by the Utility Authority and
reviewed annually for notifying residents and
visitors of:
A. Discontinued service for more than eight (8)
hours.
B. Substandard conditions in water quality. This
includes bacteriological, chemical or physical
quality deficiencies.
C. Changes in scheduling of refuse pickup and
septic tank pumping.
D. Any other conditions that may adversely affect
the health of the community residents or
visitors.
SECTION 5.13. STAFF TRAINING: All employees that are newly
assigned to operate the utility systems shall receive
instruction from an experienced operator. A minimum
of 32 hours of instruction should be received before
the new employee assumes responsibility for
operations.
Regular operators should receive up to 40 hours of
formal instruction per year. The Utility Authority
will assure that operators maintain current knowledge
of water system operation techniques.
A training plan for the water system operators shall
be developed which will provide for upgrading of
knowledge and skills in water utility operations,
maintenance and management. The goal of the training
program shall be Washington State certification as
Water Distribution Manager.
SECTION 5.14. LIMITS OF RESPONSIBILITY: The Department shall not
be responsible for, nor shall it maintain or repair,
any private or domestic water or sewer system,
garbage, roads or lighting except by specific
agreement establishing fair rates of compensation to
the Department, and that is approved and signed by
the Utility Authority and owner of such facilities.
The Department shall not be liable for any loss or
damage beyond its control resulting from any defect
in, or damage to, a customer's water or sewer lines
or fixtures, garbage storage facilities, driveways or
parking lots, hydrants or lighting.
SECTION 5.15. RIGHT OF ENTRY - INSPECTIONS: The Department, or
its authorized representative, is hereby authorized
to make limited, reasonable inspections, at
reasonable times, of any grounds, building or home
served by the Utility Department to the extent
necessary to insure those customer utility fixtures,
lines and equipment are not being operated in a
manner that would likely disrupt or interfere with
utility services. Except in cases of emergency where
life, limb, or property are threatened, or in cases
of immediate water shortages, the Department shall
give the customer at least 24 hours notice before
requesting permission to enter and inspect. If
permission to enter and inspect is denied or impeded
in any way, the Department shall obtain a court order
authorizing such entry and inspection. Where the
permission to enter and inspect is unreasonably
withheld, the Department may assess court costs and
related expenses and adds them to the affected
customer's bill.
SECTION 5.16. DISRUPTION OF SERVICE: The Department may shut off
water or sewerage service, or disrupt traffic on the
public right-of-way to perform repairs, provided that
notice has been given to affected customers.
Provided, however, that in cases of emergencies where
loss of life, limb or property is threatened, or in
cases of immediate water shortage, service may be
disrupted without notice. The Department shall not
be responsible for consequent damage as a result of
lack of water or sewerage during authorized
disruptions of service.
The Department shall not be liable for any associated
damages or delay caused by the breaking or leaking of
any pipe, valve, fixture or other contrivance as a
result of the lack of water or sewerage to or from
any mains, services, hydrants, lines or reservoirs
during authorized disruptions of service.
SECTION 5.17. PERMITS: No connection, re-connection with,
disconnections from, or other private use of any
Department water or sewer system, road, appurtenance
or other utility service or facility shall be made
without a written permit by the Utility Authority. No
construction of any private water or sewer system, or
other private utility is authorized without written
permission from the Utility Authority. The Utility
Authority may require such plans from the permit
applicant as it determines are necessary to decide
whether a permit should be issued.
SECTION 5.18. WATER SHORTAGE - SERVICE PREFERENCE: In cases of a
water shortage proclaimed by the Utility Authority,
the Department shall regulate the amount of water any
customer may be allocated. The Utility Authority
also may give preference to the customers and/or
amounts of water to be allocated, provided the
Utility Authority allocates water according to public
necessity of convenience, and provides for fair
allocations between customers. Any customer
violating a legal allocation may have his water
service discontinued. Service shall be resumed only
upon payment of the approved reconnection fee and any
penalties.
SECTION 5.19. UNNECESSARY WASTE OF WATER: The Utility Authority
reserves the right to conclude customer's service
when the customer has repeatedly, unduly wasted
water. Such undue waste is evidenced by the fact that
hydrants, taps, hoses and other fixtures are
permitted to run continuously when not in productive
use. Where such conditions have been observed, the
Utility Authority having been notified of the
condition, may conclude water to the premise if the
condition is not corrected within 48 hours after
receipt of the notice. Service shall be resumed only
after correction of the condition causing a wastage
of water and payment by the customer of the approved
reconnection fee, penalties and any other accounts in
arrears to the Utility Authority.
SECTION 5.20. CONSERVATION OF RESOURCES: The Department shall
conduct operation, maintenance and repair services in
a manner that will maximize the conservation of
natural, financial, and property resources.
Customers of the Department shall be encouraged to
conserve water resources and to limit water use as
necessary to provide a comfortable, healthy and
aesthetically pleasing life style. The Department
may offer assistance and service to customers for
water conservation and other material resources
conservation and recovery as determined to be
feasible by the Utility Authority.
SECTION 5.21. NEW CUSTOMER SERVICES: Any dwelling within the
service area of the Utilities shall be eligible for
services, provided all the following conditions are
met:
1. Facilities are adequate to meet additional load.
2. New customer agrees to adhere to this Ordinance.
3. Approval by the Utility Authority.
ARTICLE VI
CUSTOMER OBLIGATIONS
SECTION 6.01. CONDITIONS FOR SERVICE, PAYMENTS: As a condition
for receiving utility services from the Utility and
Environmental Services Department, the customer
agrees to comply with all provisions of this
Ordinance, and any regulations duty adopted by the
Utility Authority as well as any other applicable
codes or regulations, including being current in the
payment of all fees, penalties, costs, damages, or
other charges assessed by the Department.
SECTION 6.02. MAINTENANCE; REPAIRS; LIABILITY: The customer
shall be responsible for maintaining and repairing
water and sewer lines located on or in the customer's
grounds, building or home in compliance with
applicable regulations. The customer shall notify
the Department before major maintenance or repairs
planned for water or sewer lines. The customer shall
permit the Department to inspect the work for
compliance with applicable regulations. The customer
shall be liable for any damage to the Department's
lines, equipment or other property caused by the
customer, his family, guests, tenants, agents,
employees, contractors, licensees or other persons
under the customer's control or authority.
SECTION 6.03. CUSTOMER TERMINATION OF SERVICE: ABANDONMENT: A
customer planning to vacate any grounds, building or
home served by the Department shall notify the
Department in writing one week before the date the
customer plans to either vacate or conclude service,
whichever is later. A customer who fails to give
notice is responsible for all charges accrued up to
one week after notice is received by the Department,
or until service is conclude, whichever comes first.
SECTION 6.04. WATER SHORTAGES: During water shortages declared by
the Utility Authority, the customer shall limit his
use of water according to allocations established by
the Utility Authority.
SECTION 6.05. INSPECTIONS: The customer shall not unreasonably
withhold permission for the Department to enter and
inspect the Department's and customer fixtures, lines
and equipment when necessary to insure that they are
operating in a manner that would not likely disrupt
or interfere with utility services. The customer
shall be liable for any costs or related expenses
caused by his unreasonable withholding of permission.
SECTION 6.06. PERMITS: The customer shall obtain written
permission from the Utility Authority before making
any connection, re-connection, with, disconnection
from, or other private use of any Department water or
sewer system, road, appurtenance, or other utility
service or facility. The customer shall obtain
written permission from the Utility Authority before
constructing any private water or sewer system, or
other private utility.
SECTION 6.07. CROSS-CONNECTIONS: The customer shall not make a
cross-connection with the Tribal Public Water supply.
A cross-connection is defined as any physical
connection between the Tribal Public Water system and
another piping system, either water or waste. Any
individual source must be totally disconnected from
the household plumbing before connection to the
Tribal Public Water Supply. "Disconnection" done
solely by a valve shall not be allowed.
SECTION 6.08. SOLID WASTE FACILITIES: The customer shall provide
his own refuse containers and shall maintain the cans
and holding facility in a manner that prevents the
harborage of rodents and vermin. There shall be no
excessive accumulation of refuse, garbage or solid
waste in the community or around individual homesites.
SECTION 6.09. USE OF SEWERAGE SYSTEM: The customer shall use the
sewerage collection, treatment and disposal system
only for the disposal of normal household liquid
waste including waste from toilet facilities, shower
and bathing facilities and kitchen facilities.
SECTION 6.10. UNAUTHORIZED DISPOSAL: The customer shall not dispose
of any material into the sanitary sewer that may
cause the collection lines or subsurface drain field
to become blocked or excessively loaded with solids,
including but not limited to garbage, disposable
diapers, sanitary napkins, paper material other than
toilet paper, cigarette waste, cat litter, etc.
SECTION 6.11. TOXIC WASTE DISPOSAL: No customer shall dispose of
any toxic, radioactive or otherwise hazardous waste
into any Utility Department or private sanitary or
storm sewerage system. Toxic and hazardous wastes
include but are not limited to: oil, pesticides,
gasoline, organic solvents, paint, poisons and other
manufactured chemical compounds.
ARTICLE VII
FEE SCHEDULES AND BILLING
SECTION 7.01. FEE SCHEDULE ESTABLISHMENT: The schedule of fees for
utility services shall be set annually by the Utility
Authority. The fee schedule shall be based on the
estimated average annual costs for operation of all
utility services. The fee schedule shall include a
basic rate for all services, payment of which shall
be required of each customer regardless of whether,
or the extent to which, the customer uses any of the
services, and; other fees, charges, penalties and
assessments that the Utility Authority is authorized
to levy as provided under various sections of this
Ordinance. The fee schedule may be adjusted as
needed to meet utility operating expenses.
SECTION 7.02. PUBLIC HEARING: The Utility Authority shall hold a
public hearing whenever a new fee schedule is
proposed for adoption. Five days before the hearing,
the proposed fee schedule shall be sent to each
customer and shall be posted in appropriate places.
Following the public hearing the Utility Authority
shall set a fee schedule, consider comments received
at the hearing.
SECTION 7.03. NOTICE TO CUSTOMERS: A copy of the fee schedule
adopted by the Utility Authority shall be sent to
each customer at least 30 days before the date the
established fees take effect.
SECTION 7.04. BILLING RESPONSIBILITY: The Utility Authority
and/or Utility and Environmental Service Department
are responsible for billing customers for Utility and
Environmental Services. The billing service,
however, may be contracted to the Tribe, Housing
Authority, other agency or firm at the discretion of
the Utility Authority and Tribal Council.
SECTION 7.05. MONTHLY STATEMENT: Each month the Department shall
mail to all utility customers a statement detailing
the following information:
1. The customer's name and account number;
2. The types and levels of service used in the
current month:
3. The billed cost of the current month's service,
plus an accounting of bills or charges past due,
if any;
4. The date that payment is due; and
5. The location to mail or deliver payment.
SECTION 7.06. DUE DATE: The monthly date on which payment will be
due shall be established by Utility Authority
regulation.
SECTION 7.07. PAYMENTS PAST DUE: Payments not received within 10
days after the established due date are considered
passed due. The Department shall issue a notice of
payment passed due to the customer, detailing the
payment owed and the consequences for failure to pay.
The notice shall be sent by the date the next
billing is sent out.
SECTION 7.08. DELINQUENT ACCOUNT: If the payment passed due is not
paid within 10 days after the next regular monthly
due date, the account shall be declared delinquent.
SECTION 7.09. NOTICE OF DELINQUENCY: The Department shall
immediately notify the customer in writing once his
account has been declared delinquent, and list the
sanctions that may be imposed without further notice.
Notice of delinquency shall be made by certified
mail or such other means to provide proof of receipt
by the customer.
SECTION 7.10. ADVANCE DEPOSITS: The Utility Authority may require
each new customer to pay an advance deposit equal in
amount to the basic monthly rate fees for the first
month of service, before receiving services. The
deposits shall be retained by the Utility Authority
no longer than one year. The deposits, with interest
compounded at passbook rates, shall be credited to
the individual customer's utility account balance at
the end of the deposit period, providing that the
customer's account is not delinquent and in arrears.
Any remaining deposit funds will be returned to the
customer.
ARTICLE VIII
ENFORCEMENT; PENALTIES; SANCTIONS
SECTION 8.01. AUTHORITY AND ENFORCEMENT: The Utility Authority is
hereby authorized by the Tribal Council to collect
established fees for service and to impose sanctions
and penalties for non-payment. The Utility Authority
shall enforce its regulations, fee collections and
provisions of this ordinance by shutting off water
service of any violators and delinquent bill-payers
or imposing other penalties and sanctions as
authorized.
SECTION 8.02. ATTACHMENT OF CUSTOMERS PROPERTY: The Utility
Authority shall not seek to attach customer's
property, nor seek to have fines assessed by Tribal
Court, except in limited cases of blatant or
continued abuses or destruction of property.
SECTION 8.03. PENALTY SCHEDULE: The Utility Authority shall
develop and adopt a penalty schedule that outlines
specific penalties, fines and assessments for
violation and non-compliance with the provisions of
this ordinance. The penalty schedule shall be
reviewed for appropriateness annually by the Utility
Authority.
SECTION 8.04. SANCTIONS AUTHORIZED: The following sanctions may be
imposed by the Utility Authority for failure of the
customer to comply with any provisions of this
ordinance or with any duly adopted regulation of the
Utility Authority:
(1) Termination of service(s)
(2) Assessment of penalties based on a penalty
schedule adopted by regulation of the Utility
Authority;
(3) Assessment of late charges based on a schedule
adopted by regulation of the Utility Authority;
(4) Assessment of damages resulting from the
customer's non-compliance;
(5) Forfeiture of all or part of a deposit and any
accumulated interest;
(6) Filing of a lien against the customer's
property after the account is declared
delinquent;
(7) Enforcing a lien by seeking judgment, and
satisfaction from the customer's property from
a court of competent jurisdiction;
(8) Filing suit for damages in a court of
competent jurisdiction; and
(9) Referring violations that may involve criminal
conduct to the police or prosecutor.
SECTION 8.05. SANCTIONS GUIDELINES: The Utility Authority shall use
the following guidelines when considering the
appropriate sanctions to be imposed in any given case:
(1) Whether the sanction is required by this
ordinance or other applicable law, or whether
imposition is discretionary;
(2) The minimum sanction needed to effect compliance;
(3) The irreparable harm to the customer and/or
family if the sanction is imposed;
(4) The irreparable harm to operation of the
Department, and to the Tribe, if the sanction is
not imposed;
(5) The customer's past record of compliance or
non-compliance, or good faith efforts to achieve
compliance;
(6) The customer's statements or behavior indicating
the likely success of a given sanction securing
compliance;
(7) The irreparable harm to other persons or
property if the sanction is not imposed; and
(8) The effectiveness of similar sanctions in
securing compliance in other cases.
ARTICLE IX
MISCELLANEOUS PROVISIONS
SECTION 9.01. VALIDITY, SEVERABILITY: The invalidity of any section,
clause, sentence or provision of this ordinance shall
not affect the validity of any part of this ordinance
that can be given effect without such invalid part or
parts.
SECTION 9.02. AMENDMENTS: The Pueblo of Acoma Tribal Council has
the power to amend this ordinance at any time. The
Tribal Council shall act upon proposed amendments to
this ordinance, submitted for action by the Utility
Authority, by approval or disapproval of such
proposed amendments.
SECTION 9.03. SUSPENSION OF ORDINANCE: No employee, officer,
contractor or agent of the Pueblo of Acoma Indian
Tribe is authorized to suspend or alter any of the
provisions of this ordinance without the formal
approval of the Pueblo of Acoma Tribal Council.
The foregoing Ordinance was dully enacted by the
Pueblo of Acoma Tribal Council on the day of
1993, at a meeting at which a quorum was present with
a vote of for: against: not voting;
and absent, pursuant to the authority vested in
the Pueblo of Acoma Council, pursuant to Section 16
of the Act of June 18, 1934 (48 STAT 984). Said
Ordinance is effective as of the date of its approval
by the Pueblo of Acoma Governing Body.
Daabup,Pueblo of Acoma
Tinyenti
Ayuranti
My'yuu Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
Pinsibaarii
ATTEST:
Kudyaat'ita, Pueblo of Acoma
PUEBLO OF ACOMA
CERTIFICATION
I, the undersigned as Governor of the Pueblo of Acoma, "Sky
City", hereby certify that the Acoma Tribal Council at a duty called
meeting of the Tribal Council and the people of Acoma, convened and on
the day of 1993, at a meeting at which a quorum was present
with a vote of for; against; not voting; and absent, pursuant
to the authority vested in the Pueblo of Acoma Council pursuant to
Section 16 of the Act of June 18, 1934 (48 STAT 984). Said Ordinance
is effective as as of the day Of its approval by the Pueblo of Acoma
Governing Body.
Daabupu, Pueblo of Acoma
ATTEST.
-----------------------
Kudyaat'ta, Pueblo of Acoma
Stanley Paytiamo, Environmental Engineer and Scientist AIPC Pueblo
Office Environmental Protection Complete July 1, 1993 For
Pueblo of Acoma
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