Water Authority (Amendment) Regulations, 2012

CAYMAN ISLANDS Supplement No. 1 published with Extraordinary Gazette No. 106 dated 1 st November, 2012. THE WATER AUTHORITY LAW (2011 REVISION) THE WATER AUTHORITY (AMENDMENT) REGULATIONS, 2012 The Water Authority (Amendment) Regulations, 2012 2 THE WATER AUTHORITY (AMENDMENT) REGULATIONS, 2012 ARRANGEMENT OF REGULATIONS 1. Citation 2. Amendment of regulation 44 of the Water Authority Regulations (2007 Revision) - energy adjustment factor 3. Amendment of regulation 45 - sewerage charges 4. Amendment of regulation 46 - septage charges 5. Amendment of regulation 49 - water charges 6. Amendment of Second Schedule - fees and charges The Water Authority (Amendment) Regulations, 2012 3 CAYMAN ISLANDS THE WATER AUTHORITY LAW (2011 REVISION) THE WATER AUTHORITY (AMENDMENT) REGULATIONS, 2012 In exercise of the powers conferred by section 70 of the Water Authority Law (2011 Revision), the Governor in Cabinet makes the following Regulations 1. These Regulations may be cited as the Water Authority (Amendment) Regulations, 2012. 2. The Water Authority Regulations (2007 Revision), in these Regulations referred to as the “principal Regulations”, are amended in regulation 44 as follows (a) by renumbering section 44 as section 44(1); and (b) by inserting after section 44(1) as renumbered the following subsections " (2) For the purpose of dealing with fluctuations in the cost of electricity in collecting and treating sewage and septage the following formulae shall be applied (a) EAF(WW) = 0.664*(E-0.320), where EAF(WW) is the energy adjustment factor per Sewerage Fixture-unit per month, 0.664 is the number of kWhs used to collect and treat the equivalent of 1 SFU of sewage, E is the current price per kilowatt hour (kWh) of electricity inclusive of any surcharge applied by Caribbean Utilities Company, and $0.320 is the base price of electricity; and (b) EAF(ST) = 31.429*(E-0.320), where EAF(ST) is the energy adjustment factor for each one thousand gallons of septage, 31.429 is the number of kWhs used to treat 1,000 gallons of septage, E is the current price per kilowatt hour (kWh) of electricity inclusive of any surcharge applied by Citation Amendment of regulation 44 of the Water Authority Regulations (2007 Revision) - energy adjustment factor The Water Authority (Amendment) Regulations, 2012 4 Caribbean Utilities Company, and $0.320 is the base price of electricity. (3) For the purpose of dealing with inflation, the sewerage charges (as per regulation 45), septage charges (as per regulation 46) and water charges (as per regulation 49) shall be adjusted annually on 1 July of each year (the "Adjustment Date") by subtracting therefrom an amount equal to fifty-five percent (55%) thereof and adding to the resulting sum an amount equal to: 0.20 * BP * (CI current/CIbase) + 0.35 * BP * (UScurrent/USbase) where: BP = Base Price and means the sewerage charges (as per regulation 45), septage charges (as per regulation 46) or water charges (as per regulation 49); CI current = the value of the Cayman Islands Consumer Price Index (CICPI) at 31 December immediately preceding the Adjustment Date; CIbase = the value of the Cayman Islands Consumer Price Index (CICPI) at 31 December 2011, which is 100.4; UScurrent = the value of the United States of America Producer Price Index (USPPI) at 31 December immediately preceding the Adjustment Date; USbase = the value of the United States of America Producer Price Index (USPPI) at 31 December 2011, which is 192.7; and USPPI means the US Producer Price Index for Industrial Commodities less Fuels, Not Seasonally Adjusted - Series ID: WPU03T15M05, as published by United States Department of Labor. (4) The calculations of the base price adjustments carried out as per subregulation (3) shall be submitted to the Auditor General for independent verification no later than 15 May of each year and, in the absence of any corrections or response, the adjustments shall be deemed to be correct.". The Water Authority (Amendment) Regulations, 2012 5 3. The principal Regulations are amended in regulation 45(1) by deleting “$1.48” and substituting “$1.607”. 4. The principal Regulations are amended in regulation 46(1) by deleting “$15.90” and substituting “$16.354”. 5. The principal Regulations are amended in regulation 49 by repealing subregulation (1) and substituting the following subregulation " (1) The charges to be paid to the Authority for the supply of desalinated water via the public water supply system are a monthly charge in accordance with the following categories of consumer or user (a) Domestic $4.38 per cubic metre for the first twelve cubic metres and $5.57 for each cubic metre thereafter; (b) Truckers $4.38 per cubic metre for the first twelve cubic metres and $4.64 for each cubic metre thereafter; (c) Water Company $5.26 per cubic metre for the first twelve cubic metres and $5.57 for each cubic metre thereafter; (d) Commercial and Industrial $5.26 per cubic metre for the first twelve cubic metres and $5.57 for each cubic metre thereafter; (e) Municipal (Public Authority) $4.75 per cubic metre for the first twelve cubic metres and $5.04 for each cubic metre thereafter; (f) Water sold in Cayman Brac to all categories of users through the piped water distribution system $5.97 per cubic metre; (g) Water sold in Cayman Brac by truck $7.47 per cubic metre.". 6. The principal Regulations are amended in the Second Schedule as follows (a) by repealing paragraphs 1 to 7 and substituting the following paragraphs "Fees for abstraction licence 1.(a) Licence for a well to be used to supply water to be transported by truck or pipeline to properties outside the property boundaries or ownership of Amendment of regulation 45 - sewerage charges Amendment of regulation 46 - septage charges Amendment of regulation 49 - water charges Amendment of Second Schedule - fees and charges The Water Authority (Amendment) Regulations, 2012 6 the property on which the well is situated $500 (b) Licence for a well to supply water to a hotel or condominium group $200 (c) Licence for a well to be used to supply water to a business or commercial enterprise considered by the Authority to be a large consumer of water, including such businesses as laundries, laundrettes, car washes, apartment blocks of ten or more units $200 (d) Licence for a well to be used to supply water to a business or commercial enterprise considered by the Authority to be a low consumer of water, including offices, restaurants, stores, apartment blocks of four to nine units $40 (e) Licence for a well to be used to supply water to a business or commercial enterprise that does not provide public sanitary facilities and normally accommodates five or less persons $20 (f) Licence for a well to supply water for agricultural or horticultural purposes $40 Fees for discharge permits 2.(a) Discharge permit for an hotel or condominium group $200 (b) Discharge permit for a business or commercial enterprise considered a high consumer of water $200 (c) Discharge permit for a business or commercial enterprise considered a low consumer of water $40 (d) Discharge permit for individual household $20 (e) Discharge permit for apartment buildings not registered as condominium group $20 per apart ment (f) Discharge permit for any trade waste $300 Fees for canal permits 3.(a) Canals less than two metres in depth $0.04 per square metre surface area (b) Canals two metres or more in depth $0.06 per square metre surface area Fees for quarry permits 4. Rock, stone, sand or marl. For renewal of permits, the above fee shall apply. $0.04 per square metre surface area The Water Authority (Amendment) Regulations, 2012 7 Fee for plumbers licence 5.(a) For registration and certification Master plumber $100 Journeyman $50 Apprentice $20 (b) Examination fee if required Master $20 Journeyman $15 Apprentice $10 (c) Renewal of licence Master plumber $100 per annum Journeyman $50 per annum Apprentice $20 per annum Fees for cesspool emptiers’ licence 6.(a) For registration and licence fee $200 (b) Renewal of licence $200 per annum Fees for well driller’s licence 7.(a) For registration and licence fees $200 (b) Renewal of licence $200 per annum"; and (b) by repealing paragraphs 11, 12 and 13 and substituting the following paragraphs "Water and soil testing charges 11.(a)Test for any individual parameter or element $10.00 per test/dilution (b) Test for faecal coliform bacteria $10.00 per test/dilution (c) Test for total coliform bacteria $10.00 per test/dilution Meter testing charges 12.Meter testing charge $50.00 per test Fees for extracts from the Authority Registers 13.(a)Uncertified extracts $4.00 (b) Certified extracts $10.00". The Water Authority (Amendment) Regulations, 2012 8 Made in Cabinet the 30 th day of October, 2012. Kim Bullings Clerk of the Cabinet.