Anglian Water Services Limited. Charges Scheme. (Customer Charges) for the year commencing 1st April 2015

Transcription

1 Anglian Water Services Limited Charges Scheme (Customer Charges) for the year commencing 1st April 2015 This is the Customer Charges Scheme which sets out the Customer Charges fixed by Anglian Water Services Limited as the water and sewerage undertaker for its area of appointment for the 12 months commencing 1st April This Customer Charges Scheme, the accompanying Wholesale Primary Charges Scheme and the Non Primary Charges Scheme are made under Section 143 of the Water Industry Act 1991 ( the Act ). The Customer Charges Scheme applies to all Premises in the Anglian (Water Supply and Wastewater), Finningley (Wastewater), Hartlepool (Water), Northstowe and Woods Meadow Areas. (Further areas may be added from time to time with effect from the date that Anglian Water is appointed as the water and/or sewerage undertaker for an area pursuant to an appointment made by the Water Services Regulation Authority under section 6 of the Act.) All Customer Charges are subject to the addition of Value Added Tax where this is payable under the relevant legislation. 1

2 Contents PART A COMMON TERMS Page 1. Introduction of Wholesale Tariffs 1. Introduction 2. Liability to pay the Charges set out in this Part (Part 1) of the Charges Scheme 3. How Charges relate to Premises 4. Mixed Use Premises 5. Choice of Tariffs 6. Wastewater Services to Premises which have been disconnected 7. Terms and Conditions for Water Supplies and Wastewater Services 8. Non-Potable Supplies 9. Use of Personal Data 10. Customers entering into any formal insolvency procedure 2. Measured Charges Volumetric Charge 3. Maximum Daily Demand Charge 4. Measured charges for Vacant Premises 5. Two or more Premises served by a single meter 6. Multiple Supplies to Premises 7. Water usage prior to Meter becoming operational 8. Liability after occupation ceases 9. Emergency Use of Water 10. Meter Readings/ Estimated Charges 11. Assessed Measured Charges 3. Unmeasured Tariffs Rateable Value Charge 3. Definition of Rateable Value 4. Our Assessment of Rateable Value 5. Unmeasured Charges for Vacant Premises 4. Trade Effluent Charges and Charging Formula 1. Introduction 2. Trade Effluent Charging Formula 5. Surface Water Drainage Charges 1. Introduction 2. Premises not connected for surface water drainage 3. Tests and Inspections 4. Return to Higher for foul and surface water Interpretation 14 PART B NON-HOUSEHOLD PREMISES 1. Metering of Non-Household Premises 1. New Connections to be metered 2. Existing Connections to be metered 3. Application of Measured Tariffs to New and Existing Connections 4. Assessed Measured Charges 5. Meter Loggers 2. Non-Household Tariffs 1. Tariff Options 2. Profile Water Supply Tariffs 3. Anglian Area Non-Household Tariffs 1. Applicability of the Anglian Area Tariffs 2. Anglian Area Interruptible Tariff

3 3. Anglian Area Measured Tariffs 4. Amounts for use in Trade Effluent Formula 5. Anglian Area Unmeasured Tariffs 4. Hartlepool Area Non-Household Tariffs 1. Applicability of the Hartlepool Area Tariffs 2. Hartlepool Area Measured Tariffs 3. Hartlepool Area Unmeasured Tariffs 5. Northstowe Area Non-Household Tariffs 1. Applicability of the Northstowe Area Tariffs 2. Northstowe Area Water Supply Measured Tariffs 6. Woods Meadow Area Non-Household Tariffs 1. Applicability of the Woods Meadow Area Tariffs 2. Woods Meadow Water Supply Measured Tariffs 7. Payment Terms for Non-Household Customers 1. General 2. Payment Methods 3. Security and Debt Recovery 4. Collection of Charges by other parties 5. Problems paying your bill PART C HOUSEHOLD PREMISES 1. Metering of Household Premises 1. New Connections to be metered 2. Existing Connections to be metered 3. Location of Meter for Existing Connections 4. Meter Optants 5. Application of Measured Charges to New and Existing Connections and to Meter Optants 6. Assessed Measured Charges in respect of single Household Premises 7. Bulk Meter Assessed Measured Charge for circumstances where a Bulk Meter Agreement comes to an end or becomes unenforceable 2. Specific Terms applicable to Household Tariffs 1. Watersure Tariff 2. Aquacare Plus Tariff 3. Lite Tariff 4. SoLow Tariff 3. Anglian Area Household Tariffs 1. Applicability of the Anglian Area Household Measured Tariffs 2. Anglian Area Measured Tariffs 3. Anglian Area Unmeasured Tariffs 4. Finningley Area Household Tariffs 1. Finningley Area Measured Tariffs 2. Finningley Area Unmeasured Tariffs 5. Hartlepool Area Household Tariffs 1. Hartlepool Area Measured Tariffs 2. Hartlepool Area Unmeasured Tariffs 6. Northstowe Area Household Tariffs 1. Northstowe Area Water Supply Measured Tariffs 7. Woods Meadow Area Household Tariffs 1. Woods Meadow Water Supply Measured Tariffs 8. Payment Terms for Household Customers 1. General 2. Payment Methods 3. Debt Recovery 4. Collection of Charges by other parties 5. Problems paying your bill

4 PART A: GENERAL 1: Introduction of Wholesale Tariffs 1.1 Introduction Following modifications made by the Authority to the conditions of our Instrument of Appointment, Wholesale Charges are being introduced for the first time and will have effect from 1 April Whilst Wholesale and Customer Charges have been set for all Premises, it is important to note that Wholesale Charges apply principally to Non-Household Premises where, subject to certain criteria, the market is already open allowing Licensed Water Suppliers to supply water to such Premises. From 1 April 2017, it is expected that Sewerage Licensees will also be able to provide Wastewater Services to Non-Household Premises. (Currently, the Government has not announced any plans to allow Licensed Water Suppliers or Sewerage Licensees to provide Water Supply and Wastewater Services to Household Premises.) Liability to pay Wholesale Charges in respect of Water Supply and Wastewater Services will depend on the terms of a Wholesale Contract or other agreement with Anglian Water as a party, which sets the Wholesale Charge (see Wholesale Primary Charges Scheme as the price for providing those services Liability to pay the Charges set out in this Charges Scheme Liability to pay the Charges set out in this Charges Scheme in respect of Water Supply and Wastewater Services arises under the Act, but may also depend on the terms of an agreement with Anglian Water as a party, which sets the Charges (or, more generally, the Charges payable under the Act) as the price for providing those services Charges are payable by the Occupiers of the Premises to which we provide a Water Supply and/or Wastewater Services or such other person as may be made liable under the Act or under any other Act of Parliament, as the case may be, or unless specified elsewhere in this Charges Scheme or agreed separately by us in writing Wastewater Services are provided to Premises if they are connected directly or indirectly (eg. through an intermediate sewer or drain), with a public sewer or public lateral drain, or with a Wastewater Treatment Works or any other pipe, outfall or other apparatus belonging to us. 1.3: How Charges relate to Premises Charges are fixed by reference to: - the area in which the Premises are situated, namely, the Anglian, Finningley, Hartlepool, Northstowe or Woods Meadow Areas; - the service provided (Water Supply or Wastewater Services); and - whether the Premises are Household or Non-Household The Northstowe and Woods Meadow Areas have their own Charges in respect of Water Supply, but for Wastewater Services both areas are part of the Anglian Area and the Anglian Charges apply to them Measured Charges apply to all Non-Household Premises where a Meter is installed or where, because it is impracticable or would involve unreasonable expense to install a Meter, an Assessed Measured Charge has been used. Otherwise, Unmeasured Wholesale Charges will apply to the Premises Measured Charges apply to Household Premises where a Meter has been installed and Measured Charges have been fixed in respect of those Premises or where, because it is impracticable or 4

5 would involve unreasonable expense to install a Meter, an Assessed Measured Charge has been used. Otherwise, Unmeasured Wholesale Charges will apply to the Premises Where we provide both Water Supply and Wastewater Services in the Anglian Area, the same Tariff will apply to both services. This does not apply in the case of the Profile Tariffs (see below), or the Northstowe or Woods Meadow Areas or where alternative arrangements exist for historical reasons Charges apply to all Occupied Premises which are not Vacant Premises whether or not any water is supplied to, or any discharge is made from, such Premises during a Charging Year. In case of doubt, a positive Meter reading will be taken as evidence that the Premises are Occupied Premises. 1.4 Mixed Use Premises Mixed Use Premises are Premises used partly as a person s home or dwelling and partly for business purposes which receive a single supply of water, e.g. a supply serving both a farmhouse occupied as a sole or principal dwelling and a farm; or, a shop and a flat occupied as a sole or principal dwelling If the principal use of the Premises is for business purposes, Non-Household Charges will apply as if the whole of the Premises were Non-Household Premises If the principal use of the Premises is as a person s home, Household Charges will apply as if the whole of the Premises were Household Premises If neither use can be classed as the principal use, the Premises will be charged under the Household Tariffs Paying Non-Household Tariffs will not affect your statutory rights if you are occupying the Premises as your home, but may affect your entitlement to certain ancillary benefits, e.g. for a leakage allowance. 1.5 Choice of Tariffs 1.5 Where the Customer satisfies the relevant criteria and chooses a particular Tariff, the new Tariff will take effect from the date that the Customer is notified by us that the Tariff choice has been agreed. No further choice can be made by the Customer in respect of the same Premises during the same Charging Year. 1.6 Wastewater Services to Premises which have been disconnected. 1.6 If the Water Supply to any Premises is disconnected for any reason but there remains a connection, direct or indirect, with a public sewer, we will charge the appropriate Wastewater Unmeasured Tariff unless the discharge is measured separately or we are satisfied that the Premises have been unoccupied whilst the Premises were disconnected. 1.7 Terms and Conditions for Water Supplies and Wastewater Services Water supplied for domestic purposes and Wastewater Services provided for domestic sewerage purposes are provided on the terms set out in the Act. ( Domestic purposes and domestic sewerage purposes are defined in the Act and non-domestic purposes are to be construed accordingly.) If you are a Household Customer you should also refer to our Code of Practice which explains our services in more detail Water supplies for non-domestic purposes are governed by the terms we have agreed with you. In the absence of a written agreement, the supply will be governed by our standard terms and conditions (small or large user), a copy of which can be provided on request. Discharges of Trade Effluent are governed either by a Consent or an agreement in writing entered into between us and the Customer. Other Wastewater Services provided for non-domestic sewerage purposes are provided by written agreement. 5

6 1.8 Non-Potable Supplies 1.8 Water supplied under a Non-Potable Water Supply Tariff will not meet the requirements of the Water Supply (Water Quality) Regulations 2000 and will be non-potable. 1.9 Use of Personal Data Any personal information provided to us will be processed in compliance with the Data Protection Act 1998 for the purposes for which it was provided or as permitted by law. In particular, we may: (1) disclose personal information to other companies in the Anglian Water Group, their affiliated partners, sub contractors and selected third parties detailed in this document, where required to provide a product or service you have requested; (2) share personal information with Credit Reference (CRA), Debt Collection (DCA) and Fraud Prevention Agencies (FPA) in order to verify your identity for the purposes of fraud prevention and to assist us in managing your account and providing services to you For more information on the way in which personal information will be shared with CRA s, DCA s and FPA s, please refer to our Guide to the use of your personal information. A copy is available on our website at or by contacting us on Customers entering into any formal insolvency procedure 1.10 Where a Customer enters into any formal insolvency procedure (including, but not limited to, liquidation, administration, receivership, bankruptcy, company or individual voluntary arrangement or equivalent procedure) we will apportion any Charges on a daily basis up to the date immediately before the date the relevant insolvency procedure becomes effective ( the Insolvency Date ). Unless otherwise agreed, any apportioned Charges after the Insolvency Date will be payable by the Occupier of the Premises in question or such other person who may be responsible for such Charges, will fall due on the next day of occupation after the insolvency date and will not fall within the insolvency procedure. Thereafter, the Charges will be payable by the person who then becomes responsible for the payment of the Charges in respect of the Premises in question on the payment terms set out below. 2. Measured Charges Each Measured Tariff includes a, which is payable for the Charging Year or, on a proportionate basis, any part thereof In the case of Wastewater Services, the depends on whether the discharge is for foul and surface water, for foul water, for surface water or for trade effluent. 2.2 Volumetric Charge Each Measured Tariff (other than the Watersure Tariff) includes a Volumetric Charge In relation to Water Supply, the Volumetric Charge will be based on the Meter readings taken in respect of the Premises or, if appropriate, our estimates or assessment of the volume of water supplied to the Premises Subject to sub-paragraphs below, in relation to Wastewater Services, the Volumetric Charge will be based on 90% of the volume of water supplied to the Premises calculated in accordance with sub-paragraph above In the case of Trade Effluent Charges, the Volumetric Charge will be based on readings taken from the Wastewater Meter or, in the absence of such a Wastewater Meter or in the absence of 6

7 a reading from such a Wastewater Meter, our estimate of the volume of Trade Effluent discharged from the Premises If we consider that the volume of Wastewater being discharged from the Premises is likely to be greater than 90% of the volume of water supplied to the Premises because additional water is supplied to the Premises by other means or from other sources (eg. a private borehole, well, rainwater harvesting or effluent recycling scheme) or for any other reason, the additional volume will also be taken into account in calculating the Volumetric Charge for the Wastewater Services. The additional volume of Wastewater may be calculated by measuring or assessing the volume of additional water that has been supplied to the Premises or by measuring or assessing the volume of Wastewater which has been discharged from the Premises either by means of a Wastewater Meter or such other means as may be considered appropriate according to the circumstances If it is demonstrated to our satisfaction that the volume of Wastewater being discharged from the Premises is likely to be less than 90% of the volume of water supplied to the Premises for any Billing Period, an allowance will be made to reflect the lesser volume. In doing so, we will take account of: - the volume of Trade Effluent discharge (if any) see sub-paragraph above; - the volume of Wastewater disposed of elsewhere; and - any other material consideration. However, no account will be taken of the possibility of a reduced discharge due to leaks on the Customer s part of the service pipe since that has already been factored into the 10% allowance and is otherwise dealt with through our leakage policy as set out in our Code of Practice Any allowance in excess of 10% may be reviewed by us at any time and shall continue for a maximum period of 2 years only Maximum Daily Demand Charge Each Profile Tariff includes a Maximum Daily Demand Charge The Maximum Daily Demand Charge is an annual charge based on the Peak Requirement for the Potable Water Supply to the Premises and/or, if appropriate, the Peak Requirement for the Non- Potable Water Supply to the Premises If a Peak Requirement has not been set in respect of the current use of the Premises, the Customer will be asked to provide their expected Peak Requirement. If this is not provided, we will: (1) assess the Peak Requirement by taking the maximum volume of water taken per month during the previous 12 month period and dividing that by 22; or (2) if that information is not available, by using other available information; or (3) if the Customer wishes to reserve a Water Supply of 0.1 ML or more per day, by taking the volume of water reserved per day as the Peak Requirement Once set, the Peak Requirement will be fixed for the whole of the Charging Year and will continue to apply thereafter unless it is adjusted in accordance with sub-paragraphs below. There is no entitlement to take water in excess of the Peak Requirement at any time If a Customer wishes to increase its Peak Requirement, it may do so by entering into a written agreement which sets the maximum volume and peak flows. In such circumstances, the Peak Requirement and the Maximum Daily Demand Charge will be adjusted upwards from the date agreed until it is further adjusted in accordance with sub-paragraphs below. 7

8 2.3.6 Notwithstanding sub-paragraph above, if water is taken at the Premises at a rate of flow in excess of the Peak Requirement over any 24 hour period, the Peak Requirement and the Maximum Daily Demand Charge shall be adjusted upwards accordingly. In such circumstances, the adjusted Peak Requirement will apply from the date of the exceedance for a minimum of 12 months until it is further adjusted in accordance with sub-paragraph above or subparagraph below. Where the Peak Requirement is revised upwards under this subparagraph 2.3.6, the Customer may then take water at a rate of flow up to the revised Peak Requirement if it is available. However, in these circumstances, there will continue to be no entitlement to a Water Supply in excess of the Peak Requirement that was set originally or any higher Peak Requirement set in accordance with sub-paragraph above If, for a minimum period of 12 months, the Water Supply to the Premises is taken at a rate of flow which is less than the current Peak Requirement or if it can be demonstrated to our reasonable satisfaction that there has been or will be a sustained long term reduction of the Water Supply requirements which will reduce the peak flows below the highest daily rate of flow recorded during the preceding 12 month period, the Customer may request a lower Peak Requirement. If accepted, the Peak Requirement will be adjusted downwards accordingly and the revised Peak Requirement will then apply from the start of the next Billing Period until it is further adjusted in accordance with this sub-paragraph or sub-paragraphs above We use the demand profiles included in the written agreements to help plan our water resources. Where there is a written agreement with us regulating total volumetric and peak demand requirements and we have accepted a demand profile for the Customer s future water supply requirements for non-domestic purposes, we would expect to be able to supply water to meet that Peak Requirement and the future demand profile subject to and in accordance with the terms and conditions of our agreement with you. Without such an agreement, water for non-domestic purposes may or may not be available. 2.4 Measured Charges for Vacant Premises 2.4 Measured Charges apply to all Occupied Premises which are not Vacant Premises whether or not any water is supplied to, or any discharge is made from, such Premises during a Charging Year. In case of doubt, a positive Meter reading will be taken as evidence that the Premises are Occupied Premises. 2.5 Two or more Premises served by a single meter Where: (1) the Water Supply to two or more Premises (in separate occupation) is measured by a Bulk Meter; and (2) there is no written agreement with us that the charges payable in respect of those Premises are to be paid by any particular person; then, the Occupiers or such other persons who shall be liable for charges in respect of each of the Premises supplied through that Bulk Meter shall be jointly and severally liable for the whole of the Charges calculated by reference to the volume of water passing through the Bulk Meter Notwithstanding sub-paragraph above, if one or more persons taking a supply through a Bulk Meter appears to be the principal user or, having taken a supply from us, then supplies water to other Premises or persons (classified as a water re-sale ), we may choose to bill that person or those persons for the charges payable in respect of all Premises supplied through the Bulk Meter Alternatively, at our discretion, we may apportion the charges between the Occupiers or such other persons who are liable for charges in respect of each of the Premises supplied through the Bulk Meter on such basis as we think fit. 2.6 Multiple Supplies to Premises 8

9 2.6 Except in the case of the Profile Tariffs, where Premises have two or more separate connections for Water Supply, the Charges in respect of the Water Supply to the Premises will be calculated separately and a separate will be payable for each connection. In such circumstances, the Charges in respect of the Wastewater Services will also be calculated separately and the same number of s will apply regardless of the number of drainage connections. 2.7 Water usage prior to Meter becoming operational 2.7 In general, Measured Charges will apply from the date of installation of the Meter. However, if Measured Tariffs already apply, but a Meter has yet to be installed or become operational, Charges for the period prior to the Meter s installation or operation shall be calculated according to the appropriate and an assessment based upon the volume recorded by the first Meter reading. If, in response to a Measured Charges Notice, the Meter is not installed within 50 days, we will only charge the for the period prior to installation of the Meter and the Volumetric Charges will apply from the date of installation of the Meter. 2.8 Liability after occupation ceases Unless you have informed us at least 2 working Days in advance that the Premises are to be vacated, you will continue to be liable to pay Water Supply and Wastewater Charges after the Premises have been vacated until the first of the following dates: days after we have been notified by you; or - the date when the Meter would normally have been read next; or - the date when we are notified by someone else that they have become the Occupier For this purpose, 2 working days means a period of 48 hours disregarding any time on a Saturday, Sunday, bank holiday or public holiday. 2.9 Emergency use of water Premises which have their own fire fighting systems should have a separate Water Supply to the Premises designed solely for that purpose. If that is not possible, a sub-meter should be installed to verify any claim for a rebate for water used for fire fighting purposes If the fire fighting supply is not separate, you may apply for a rebate in respect of water that has been used for fire fighting purposes, including testing apparatus and training personnel, within 21 days of receipt of the bill for the Billing Period when the water was used. (Full details and evidence of the volume of water used will be required.) 2.10 Meter Readings/Estimated Charges We aim to read the Meters annually (for Non-Household Customers this may be more frequent), but we are not obliged to do so. If no Meter reading is available, the Customer may provide its own reading or we will calculate the charges based upon an estimate If the Meter does not appear to us to provide an accurate record of the water supplied to the Premises, we will estimate the consumption based on what we consider to be the most reliable data available, including the average consumption for earlier periods. Estimated charges may be adjusted subsequently if more reliable data becomes available Assessed Measured Charges 2.11 Where it is impracticable to fit a Meter or to fit a Meter would involve unreasonable expense, we may assess the Charges payable by the Customer in respect of the Premises using the Measured Tariffs. In determining whether it is impracticable to fit a Meter or to fit a Meter would involve unreasonable expense, different policies may apply depending upon whether the Premises are Household or Non-Household Premises and other relevant criteria. 9

10 3. Unmeasured Tariffs Each Unmeasured Tariff includes a, which is payable for the Charging Year or, on a proportionate basis, any part thereof In the case of Wastewater Services, the depends on whether the discharge is for foul and surface water, for foul water or for surface watery. 3.2 Rateable Value Charge 3.2 Each Unmeasured Tariff also includes a Rateable Value Charge, which varies according to the Rateable Value of the Premises. 3.3 Definition of Rateable Value 3.3 For the purposes of the Unmeasured Tariffs, Rateable Value means in relation to any Premises: in the case of Premises in the Finningley Area, the Rateable Value shown in relation to those Premises in the 1973 Dwelling House Revaluation Schedules held by the Valuation Office Agency (Crown Property Unit) as adjusted by the Valuation Statutory Deductions Order 1973 with effect from 1 April 1974; in all other cases, the value shown in relation to the Premises in a valuation list as at 31 March Valuation List" means a valuation list maintained prior to 31 March 1990 for rating purposes under section 67 of the General Rate Act 1967 and in force as at 31 March 1990; where no such value is shown but a proposal for inclusion in a valuation list was made on or before 31 March 1990, the value shown in that proposal; where no such value is shown and no proposal was made, but the local rating authority levied rates in relation to the Premises by reference to an assessed or estimated Rateable Value, that assessed or estimated value; where a Rateable Value determined according to sub-paragraphs above has become inappropriate for any reason (including re-development, conversion or modernisation of the Premises, the merger of two or more Premises or parts thereof, the sub-division of one or more Premises, a change in use of the Premises so that the Premises have become or have ceased to be a non-domestic hereditament for the purposes of Part III, Local Government Finance Act 1988, or because the Premises were not liable to be separately rated under the General Rate Act 1967) a value assessed by us having regard to the Rateable Values of other properties within the locality as at 31 March 1990; or where none of the above apply because the property was not constructed on 1 April 1990, a value assessed by us having regard to the Rateable Values of other Premises within the locality as at 31 March References to Premises having a Rateable Value or to Premises not having a Rateable Value shall be construed accordingly. 3.4 Our Assessment of Rateable Value Where a Rateable Value has been assessed by us in relation to Premises, any charges to be calculated in relation to those Premises (both in relation to periods before (if appropriate) and after the date of the assessment) shall be calculated by reference to that Rateable Value If, within 3 months of notification of our assessment, you notify us in writing that you dispute our assessment of the Rateable Value, the dispute shall be referred to the decision of a valuer (who shall act as an expert and not as arbitrator) appointed, in default of agreement, by the 10

11 President of the Royal Institution of Chartered Surveyors whose decision shall be final and binding and whose costs shall be payable as such valuer decides In the event of a dispute, we shall use our original assessment until the dispute is resolved. We will then re-calculate the charges using the Rateable Value (as agreed or determined) and will adjust the next account accordingly If two or more separate dwellings have a single Rateable Value, a separate will be payable in respect of each dwelling. 3.5 Unmeasured Charges for Vacant Premises 3.5 Unmeasured Charges will apply to all Occupied Premises which are not Vacant Premises. 4. Trade Effluent Charges and Charging Formula 4.1. Introduction The appropriate Charge for Trade Effluent shall be determined according to the relevant Wastewater Tariff and includes both a (per site) and a variable charge (per cubic metre) calculated using the formula set out in paragraph 4.2 below. Alternatively, where applicable because there is neither a Meter to measure the Water Supply to the Premises nor a Wastewater Meter to measure the discharge from the Premises, the Charge shall be the amount set under the Trade Effluent (Water Unmeasured) Tariff If the discharge is on-going but unconsented, Trade Effluent Charges shall be raised from the date that the initial duly completed application is received by us provided that the status and acceptability of the discharge has first been confirmed in writing If the discharge is to commence at a date in the future, Trade Effluent Charges shall be applied from that date. (Neither this, nor sub-paragraph prevents the collection of charges for dealing with the application itself.) Acceptance of any charges in respect of a Trade Effluent discharge does not constitute a grant of Consent, nor does it constitute a waiver of any of our rights or remedies in respect of any discharge made by you Where a discharge of Wastewater is neither Trade Effluent (other than a Short Term Discharge of Non-Trade Effluent - see Non Primary Charges Scheme nor domestic sewage, Charges will be calculated according to the appropriate Wastewater Tariff by reference to the and the variable charge determined in accordance with the formula in paragraph 4.2 below as if it was a discharge of Trade Effluent. 4.2 Trade Effluent Charging Formula The Formula for charging per cubic metre for Trade Effluent is: C = R + VB + Ot B + St S Os Ss Where: C = R = VB = Ot = B = The charge payable per cubic metre the charge per cubic metre for the reception and conveyance of Trade Effluent. the charge per cubic metre for volumetric and primary treatment for Trade Effluent discharged to a Wastewater treatment works where biological treatment is given. The chemical oxygen demand of the settled Trade Effluent expressed in milligrams per litre. the charge per cubic metre in relation to the biological oxidation of settled sewage. 11

12 St = S = Os = Ss = The suspended solids content of the Trade Effluent expressed in milligrams per litre. The charge per cubic metre for the treatment and disposal of primary sludge from a Wastewater treatment works. 489 being the mean chemical oxygen demand expressed in milligrams per litre of settled sewage at Wastewater recycling treatment works within the Anglian Area as assessed by us. 415 being the mean suspended solids content of sewage expressed in milligrams per litre at Wastewater treatment works within the Anglian Area as assessed by us The rates used for calculating Charges in respect of Trade Effluent under the formula are set out in Part B below For the purpose of the formula:- (1) The volume of Trade Effluent discharged from any Premises shall be determined in accordance with the readings from the Wastewater Meter and, in the absence of such a reading or the malfunctioning of such a Wastewater Meter, shall be assessed by us in accordance with the Consent or on the basis of water usage at the Premises and any other material considerations which the Customer has notified to us. Notwithstanding the above, for the avoidance of doubt, we reserve the right to review the existing assessment at any time at our discretion. (2) Where changes to the existing assessment result from information provided by the Customer, such a change will have effect from the date on which the new information is received by us. (3) The chemical oxygen demand and the suspended solids present in any Trade Effluent shall be determined in accordance with the measurements and readings taken at the Premises in accordance with the Consent or shall be assessed by us on the basis of our analysis of the samples which have been taken. (4) Standard strengths shall be applied to Trade Effluent discharges from all business types listed below. With the exception of COPPICE (which is an industry standard) these standard strengths are calculated by Anglian Water and can be periodically reviewed. The business types and relevant standard strengths are as follows: Business type Average COD mg/l Average SS mg/l Swimming pools Automatic vehicle wash Vehicle jet wash Launderettes Boiler Blowdown Cooling Towers Air Compressor Condensate Water Treatment & Softener Plants Gas Holder Run Off COPPICE Mobile domestic wheelie bin cleaners Cement, lime, plaster, ready mixed concrete manufacture

13 (5) The 'R' Charge will not be applied where Trade Effluent is discharged directly into the Wastewater treatment works without passing through a public sewer, disposal main or other pipe belonging to us. (6) We will carry out sampling in order to ascertain the strength of the Trade Effluent for charging purposes. Where the discharge has a significant or highly variable organic load, composite samples may be required (samples taken over a period of time). (7) Except where the strength of a discharge has been fixed or a standard strength is applicable, sufficient samples will be taken during the course of the year in order to provide a representative measurement of the discharge for charging purposes. (8) Fixed strengths are derived from analysis of samples from previous years and maybe charged where it has been demonstrated there is limited variation over time. Where it becomes apparent that these fixed strengths are no longer representative of the average strength over the year, we will reassess the strengths in consultation with the Customer. (9) All results of samples taken for charging purposes will be used in the calculation of Charges unless evidence is provided which demonstrates that a particular sample was not representative of the discharge. 5. Surface Water Drainage Charges 5.1 Introduction 5.1 The element of the Wastewater Tariffs will vary depending upon whether surface water is discharged from the Premises. 5.2 Premises not connected for Surface Water drainage If the Premises are not connected, whether directly or through an intermediate sewer or drain, to a public sewer or public lateral drain for surface water drainage, the Customer may apply for the lower to apply. The applicant must provide such evidence as may be required to demonstrate that no surface water is discharged from the Premises to a public sewer or public lateral drain. (Please note: the lower will not apply until the application has been accepted by us.) If accepted, we will notify the Customer and the lower will apply from the start of the Charging Year two years prior to that when the application was made or the start of the Customer s occupation of the Premises, whichever is the latter Tests and Inspections 5.3. We reserve the right at any time to inspect the Premises and carry out tests to ascertain whether or not surface water is being discharged to a public sewer from the Premises. 5.4 Return to Higher for Foul and Surface Water If the Customer s application is later found to include false or misleading information, we may cancel the lower and the higher (to include surface water) will then apply retrospectively as if no application had been made or accepted The Customer should notify us immediately if at any time the Premises become connected to a public sewer or public lateral drain, whether directly or through an intermediate sewer or drain, for surface water drainage. Whether or not we are notified, the higher will be payable immediately from the date when the surface water connection was made. 13

14 6: Interpretation 6.1 In this Customer Charges Scheme, words and phrases set out below shall be given their respective definitions: Act Water Industry Act 1991 Anglian Area Anglian Water Assessed Measured Charge Authority Billing Period Bulk Meter Bulk Meter Assessed Measured Charge Charges Charging Year Code of Practice Consent Cross Border Customer End User Finningley Area Hartlepool Area the area in respect of which Anglian Water is appointed as water and/or sewerage undertaker, which (for the avoidance of doubt) includes the Woods Meadow Area in respect of our Wastewater Services, but excludes: - the Finningley Area in respect of our Wastewater Services; and - the Hartlepool, Northstowe and Woods Meadow Areas in respect of Water Supply. Also, including any Premises in the area of another water or sewerage undertaker in respect of which we provide a Cross Border Water Supply or Cross Border Wastewater Services from the Anglian Area. Anglian Water Services Ltd. (References to we, us or our shall be taken as references to Anglian Water.) An assessed charge where it is impracticable to fit a meter or to fit a meter would involve unreasonable expense. Water Services Regulation Authority the period stated to be covered by a Customer s account. a Meter which serves more than one Premises which are in separate occupation. An assessed charge, payable in the event of a Bulk Meter Agreement coming to an end or becoming unenforceable, which is assessed on the basis of the readings taken from the Bulk Meter. the Charges set out under this Customer Charges Scheme in respect of our Water Supply and Wastewater Services and includes, as appropriate, a Measured or Unmeasured Charge or a component of any such Charge, including a, Maximum Daily Demand Charge, Rateable Value Charge or Volumetric Charge. the period from 1 April to 31 March in the following year. our Code of Practice for Household Customers a consent or agreement relating to the discharge of Trade Effluent into a public sewer. the provision of Water Supply and/or Wastewater Services to Premises which are in the area of another undertaker holding the appointment as the water or sewerage undertaker for that area, otherwise than by means of a bulk supply under section 40 or a connection under sections 110 or 110A of the Act. For the purposes of this Customer Charges Scheme, any person who is an End User and is liable to pay Charges to Anglian Water. A person who, otherwise than as a water undertaker or a Licensed Water Supplier, is a customer of Anglian Water by virtue of being an Occupier of Premises or a user of goods or services provided by, Anglian Water. the area at Finningley, South Yorkshire, in respect of which we are Appointed as the sewerage undertaker, including any Premises in the area of another sewerage undertaker in respect of which we provide Cross Border Wastewater Services from the Finningley Area. a fixed charge, which forms part of the Charges payable in respect of any Premises. the Hartlepool area served by Anglian Water Services Ltd trading as Hartlepool Water, in respect of which we are Appointed as the water 14

15 undertaker, including any Premises in the area of another water undertaker in respect of which we provide a Cross Border Water Supply from the Hartlepool Area. Household Premises Instrument of Appointment Licensed Water Supplier Maximum Daily Demand Charge Measured Charges Measured Charges Notice Meter Non-Household Premises Northstowe Area Occupied Premises Premises (any part of which) are used as a person s home unless the use as a home is not the principal use of the Premises and, without prejudice to the generality of the foregoing, may include any of the following if they are or are intended to be separately occupied: a. any flat, maisonette or other part of a building; b. any chalet, caravan or mobile home; or c. a boat or similar structure designed or adapted for use as a place of habitation. Our Instrument of Appointment as water and/or sewerage undertaker which takes effect under the Act. A person holding a water supply licence pursuant to clause 17A of the Act. an annual charge expressed in s per cubic metre payable as part of the Non-Household Charges in respect of the Peak Requirement. Charges which include a Volumetric Charge. in respect of Household Premises, a notice under section 144A of the Act requesting a Meter to be fitted free of charge under that section. a meter installed by us or another water undertaker or in accordance with a specification approved by us or another water undertaker for the purposes of measuring the volume of water supplied to Premises and thereby calculating the Charges payable in respect of such Premises. Premises which are not Household Premises and, without prejudice to the generality of the foregoing, in the case of the Profile Tariffs may include any of the following: a. premises located within a single boundary where a single Customer occupies the Premises and a single Customer is liable for the Charges for those premises (single boundary premises); b. premises consisting of co-located buildings, other similar structures and/or land which have adjoining boundaries or which are separated only by transport infrastructure which are occupied by a single Customer and in respect of which a single Customer is liable for the Charges for those premises (common occupation co-located premises); or c. premises consisting of a single building or co-located, separately occupied buildings, other similar structures and/or land with all four of the following characteristics: - common landlord or managing agent for all the premises; - adjoining boundaries or separated only by transport infrastructure; - served by a self contained common Water Supply or Wastewater system that is private owned and is not vested in Anglian Water; and - a single Customer is liable for all Charges for those premises (common management co-located premises). the area at Northstowe, Cambridgeshire, in respect of which we were appointed as the water undertaker on 20 January 2015, including any Premises in the area of another water undertaker in respect of which we provide a Cross Border Water Supply from the Northstowe Area. (For the avoidance of doubt, the Northstowe Area forms part of the Anglian area for the purposes of Wastewater Services.) In respect of Non-Household Premises includes: (1) Premises which are in use, which includes: - use as a place of work such as a factory, workshop, shop, office, exhibition or catering establishment; 15

16 - use for the storage of goods, such as a store or warehouse; - use for plant and machinery, such as a property used by a utility or for other process control; and - use by animals; (2) Premises which may not be manned and are therefore visited from time to time; (3) Premises which are not manned throughout the year but contain equipment or furniture for the business purpose. Typically this will include properties used for purposes which are seasonal in nature, for example, holiday, student, hostel, hotel and other accommodation, caravan parks, or other seasonal activities such as catering or entertainment, where the property is used from time to time and has furniture and fittings such that they may be used for the activity; (4) Premises which are used, for example, car parks, bowling greens, cemeteries, metered troughs or public conveniences; (5) A part-occupied or part-used Premises is considered as occupied. This will include large sites where a section, building or floor may be vacant or unused but the rest of the Premises is occupied or in use; (6) Premises which are in use and maintained by a concierge ready for letting are considered to be occupied; (7) Existing connected Premises which are being renovated, refurbished, converted or fitted out are considered to be occupied as the property is in use. (8) Premises (A) which supply a second property (B) under a local arrangement and A is vacant, but B is in use, then A is also considered to be occupied. In respect of Household Premises includes: (1) any residential accommodation used as a home or a dwelling. Typically, this includes: - a private dwelling house (which may be a building or a part of a building; - a caravan within the meaning of Part 1 of the Caravan Sites and Control of development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites act 1960); or - a boat or similar structure designed or adapted for use as a place of permanent habitation; and - any Premises which are used in connection with the enjoyment of, or are incidental or ancillary to such Premises; (2) Premises which are not occupied throughout the year but contain furniture for the residential purpose. Typically this will include properties used for purposes which are seasonal in nature, for example, holiday accommodation where the property is used from time to time and has furniture and fittings such that they may be used for the activity; (3) A part-occupied or part-used Premises is considered as occupied. This will include large sites where a section, building or floor may be vacant or unused but the rest of the Premises is occupied or in use; (4) Premises which are in use and maintained by a concierge ready for letting are considered to be occupied; (5) Existing connected Premises which are being renovated, refurbished, converted or fitted out are considered to be occupied as the property is in use. Where a Meter has been fitted to measure water consumption at the Premises, a positive Meter reading will be taken as evidence that the 16

17 Premises are occupied. Occupier Includes: (1) any person who occupies or uses Premises; (2) where there is no person in actual occupation of the Premises includes any person who owns or manages the Premises which are deemed to be occupied under the definition of Occupied Premises (see above); (3) any person (other than a Wholesale Customer) who has agreed with us to pay Water Supply and/or Wastewater Charges in respect of any Premises (eg. a Bulk Meter Agreement); and (4) is the owner of Premises occupied by an employee of the owner under the terms of a contract of employment. Peak Requirement Potable Premises Profile Tariffs Rateable Value Charge Sewerage Licensee Tariff Trade Effluent Unmeasured Charges Vacant Premises Volumetric Charge the peak rate of flow per 24 hour period reserved, or likely to be taken or required, by a Customer during the Charging Year excluding water likely to be taken or required for the purpose of: (a) extinguishing fires or, if used by a fire authority, for any other emergency purpose; (b) testing apparatus installed or equipment used for extinguishing fires; or (c) training persons for fire fighting. drinking water compliant with the Water Supply (Water Quality) Regulations Non-Potable shall be construed accordingly. Household and Non-Household Premises, as the case maybe, to which we provide (directly or indirectly) a Water Supply and/or Wastewater Service. collectively, the Profile (Potable and Non-Potable), Profile Plus (Potable and Non-Potable), Profile Industrial (Non-Potable) and Profile Interruptible (Potable) Water Supply Tariffs and the Profile Plus Wastewater Tariffs. For definition see Part 1, paragraph 4 below. a person holding a sewerage licence pursuant to clause 17BA of the Act. a band of Charges (eg. Profile or Profile Plus). as defined in the Act. Charges which do not include a Volumetric Charge. Premises which are not Occupied Premises and in respect of which all the following criteria apply: (1) There is no physical occupation by any person, for any purpose; (2) The Premises are not open or available to the public or visitors; (3) There is no stock left at the Premises, except where these items have been abandoned and the Premises are not in use; (4) There are no moveable items left on the Premises such as furniture, equipment, tools or moveable equipment or machinery. (Fixtures and fittings are not considered to be moveable, except where these items have been abandoned by a former tenant and the Premises are not in use. Where a Meter has been fitted to measure water consumption at the Premises, a positive Meter reading will be taken as evidence that the Premises are not vacant. a charge fixed by reference to a reading taken from a Meter which measures the volume of water supplied to any Premises or, as the case 17

18 may be, by reference to a reading taken from a Wastewater Meter which measures the volume of Wastewater discharged from any Premises. Such a Volumetric Charge forms part of the Charges and, where appropriate, shall include estimated readings as to the volume of water supplied to any Premises or, as the case may be, the volume of Wastewater discharged from any Premises and shall also include Assessed Measured Charges. Wastewater Meter Wastewater/ Wastewater Services/Sewerage Water Supply Wholesale Charges Wholesale Contract Wholesale Customer Woods Meadow Area a meter installed by us (acting as sewerage undertaker) or in accordance with a specification approved by us (acting as sewerage undertaker) for the purposes of measuring the volume of Wastewater discharged from the Premises and thereby calculating the Charges in respect of our Wastewater Services. the provision of a drainage connection (whether direct or indirect) from Premises to Anglian Water s sewerage network, including a connection made directly to a Wastewater Treatment Works. Where appropriate, the term Wastewater includes the terms sewerage, surface water, trade effluent and water recycling. Likewise, the term sewerage includes, where appropriate, the terms sewage, surface water, trade effluent, Wastewater and water recycling. the provision of a supply of water to Premises from Anglian Water s water supply network. the Wholesale Charges applicable to our Water Supply and Wastewater Services and includes, as appropriate, a Measured or Unmeasured Wholesale Charge or a component of any such Wholesale Charge, including a, Maximum Daily Demand Charge, Rateable Value Charge or Volumetric Charge. a written contract between Anglian Water and a Licensed Water Supplier for the provision of a Water Supply to Non-Household Premises. any person, including, where appropriate, a Licensed Water Supplier and Anglian Water Business (Anglian Water s internal Non-Household Division) who is liable to pay Wholesale Charges to Anglian Water. the area at Oulton, Suffolk, comprising the housing development known as Woods Meadow, Oulton, together with the Wolseley and M. S. Oakes Business Parks, Oulton, in respect of which we were appointed as the water undertaker on 2 August 2013, including any Premises in the area of another water undertaker in respect of which we provide a Cross Border Water Supply from the Woods Meadow Area. (For the avoidance of doubt, the Woods Meadow Area forms part of the Anglian Area for the purposes of Wastewater Services.) 6.2 If not defined above, words and expressions used in this Scheme shall be given the meaning used in the Act. 6.3 References to the Act or to any other Act or regulations shall include its or their amendment or replacement. 6.4 Where appropriate, references to the singular shall include the plural and references to the masculine shall include the feminine. 18