Facing huge bill, Frankford resident fights water utility
Joseph Uricheck and his wife decided to celebrate life, liberty and the pursuit of happiness by vacationing in Cape Cod during the July 4th week.
But when the couple returned to their Frankford home nine days later, they discovered that their sprinkler system had gone haywire. In all, more than 100,000 gallons of water were dumped on their half-acre property.
The total damage to the Urichecks' water bill was $1,049.67, or more than $100 for each day they were away.
That's when the 59-year-old federal auditor demanded justice – and a smidge of compassion – from Delaware's largest private water company, Artesian Water.
"Sometimes, I just say enough is enough," he explained. "They're not Burger King or J.C. Penney or Sears. ... They are a monopoly, and they know it."
Here's a list of everyone Uricheck has contacted over the past two weeks in chronological order:
Two employees and a supervisor at Artesian; an employee and a supervisor at the Delaware Public Service Commission, which regulates utilities in the state; the town of Frankford; the media; Gov. Jack Markell's office; Attorney General Beau Biden's office; State Sen. Gerald Hocker; aides for State Rep. John C. Atkins and Congressman John Carney; state Public Advocate David Bonar; the state Department of Natural Resources and Environmental Control; Uricheck's homeowner's insurance company; and Rob Arlett, who is running for the Sussex County District 5 seat.
Here is what he was told (in not so many words): Sorry, buddy. It's on you.
His story has implications for any average Joe who has received a monster bill from a plumbing malfunction, such as a burst washer hose or a leaking toilet.
It's the classic case of David vs. Goliath. Except David won't take no for an answer.
"I'm going to go down swinging," Uricheck said recently, while a
cknowledging that he has likely exhausted all options.
The pond out back
Uricheck originally bought the property in 2010 because it offered ample land and a pond out back. The sprinkler came with the house, he said, so a lawsuit against the manufacturer isn't possible.
Before he left for vacation, Uricheck said he programmed the sprinkler to run three times that week for 90 minutes each. It had never let him down in the past.
At some point, he said, a neighbor noticed that the sprinkler was running continuously and shut it off. Uricheck provided the name of the neighbor, but the man did not return phone calls.
After the Urichecks returned, the neighbor alerted them to the issue, he said.
Billing records show that Artesian charged Uricheck less than $25 a month for the two months prior to his most recent bill. Uricheck inquired about a one-time commercial rate adjustment for July, noting that businesses get charged a lower per-gallon rate ($6.18) for consuming 500,000 gallons a month compared to what residents pay for their first gallon ($6.83). The average Artesian customer uses 4,155 gallons per month, according to company records.
Artesian responded that commercial properties get a lower rate because of economies of scale.
As a last resort, Uricheck recently checked with the state Department of Natural Resources and Environmental Control to see if he could erect a well on the property to replace the water utility.
They said he needed approval first. From Artesian.
No partial forgiveness
Artesian Vice President Joseph DiNunzio didn't call Uricheck back about the bill. But he did speak to The News Journal.
"Our view is that only the customer can be responsible for whatever happens on that side of the meter," he said. "Other customers shouldn't bear the burden."
Uricheck was offered a no-interest payment plan, which he declined. His bill is due Aug. 19.
Artesian maintains that it only entertains discounts in the most egregious circumstances, such as when a deaf elderly woman on a fixed income can't hear her toilet leak (real example). Representatives for the second- and third-largest water providers in the state, Tidewater Utilities and United Water, tow the same line.
In an e-mail, Tidewater spokeswoman Bernadette Sohler wrote that a one-time partial forgiveness is "counterproductive to Tidewater's overall customer service mission," which is to provide "safe, adequate and proper water service at the lowest cost possible."
But cities that manage their own water systems, such as Wilmington and Newark, and the for-profit Sussex Shores Water Company all offer a one-time partial rebate for leaky fixtures, busted pipes and even a malfunctioning sprinkler when the resident can supply proof of the leak.
Nationwide, the American Water Works Association doesn't keep an official record of company policies, according to AWWA spokeswoman Deirdre Mueller. Mueller informally polled nine utilities about their practices and found that five built leak discounts into their policies.
No competition
Astronomical water bills are not the norm, but they do happen. In 2012, a New Castle-area resident received a nearly $7,000 water bill from Wilmington, representing about five years of retroactive charges from a faulty water meter. The city ended up waiving penalties and interest and split the remainder of the bill with the resident for less than $2,000.
Earlier this year, a Mantua, New Jersey, man received a quarterly water bill for more than $76,000 for nearly 10 million gallons used. The township has pledged to investigate.
Sussex Shores, which services fewer than 2,000 customers in North Bethany Beach and Ocean View, will review a resident's average quarterly bills over the last three years and issue a credit for half of the excess usage, according to company controller Bryce Collins. The company adopted the blanket policy more than a decade ago, chalking it up to good customer service, he said.
The policy costs Sussex Shores less than $10,000 annually, Collins said. Customers, in turn, are "very appreciative."
But Uricheck can't take his business to Sussex Shores, even though they service an area less than 10 miles away. Under state authority, Artesian is the exclusive water provider for Uricheck and about 80,000 other Delaware customers.
"It's not a good model to have competition in this situation," explained Kevin Neilson, a regulatory affairs policy administrator for the state Public Service Commission. Building a water distribution network is a costly proposition, he added, so water companies generally stick to their own turf.
Neilson sympathized with Uricheck, but the law is clear: "As long as the meter is accurate, the owner is legally responsible for it."
Residents may file a formal complaint with the commission, which regulates water rates.
BBB says Artesian is A-plus
In 2005, the commission intervened on customers' behalf after Artesian and other water companies were accused of using their existing customers to subsidize new developments. The commission passed regulations to ensure that new residents footed the bill for water expansion efforts.
Artesian receives an A-plus rating with the Better Business Bureau of Delaware. The BBB has closed 25 complaints against the company in the last three years, including 16 related to billing.
Residents typically complain to the state commission when they can't afford their regular water bills, according to Neilson. Artesian and other area water companies distribute tens of thousands of dollars annually to Catholic Charities to help low-income residents.
Uricheck doesn't qualify. His four-bedroom home, worth more than a half-million dollars, is his second home and meant for retirement. He maintains a primary residence in Burke, Virginia, where he works, and visits Frankford on weekends.
"Here we're dealing with somebody who clearly has the wherewithal to bear the burden," said Artesian's DiNunzio of Uricheck.
Terry Truitt, town administrator for Frankford, agreed. Uricheck doesn't live in the town's water service territory. But if he did, he'd be asked to pony up the money.
In the 15 years Truitt has worked for the town, she can recall only one or two exceptions made for a leak.
"There has to be some ownership and accountability," she said. "I'm surprised he hasn't called the president at this point."
Uricheck responded that Artesian and other companies ask their entire customer base to absorb other water costs, such as fire hydrant usage. His income is irrelevant, he said, especially when considering how much money Artesian earns delivering a public resource.
An e-mail trail obtained by The News Journal shows that a legislative aide for Sen. Hocker contacted Artesian on July 24 about Uricheck's case. She was told that the company wouldn't budge.
When approached by The News Journal, Hocker initially dismissed the matter, saying "Why would Artesian pay for it?"
Within minutes, he softened. As the owner of five businesses, he acknowledged that he has offered refunds as a good-faith gesture.
He vowed to press the matter further with Artesian's legislative liason.
That may be Uricheck's only lifeline.
Contact Margie Fishman at 324-2882
at mfishman@delawareonline.com.
How to locate and fix leaks
The average household's leaks can account for more than 10,000 gallons of water wasted each year, roughly the equivalent of washing 270 loads of laundry. Residential leaks can waste more than 1 trillion gallons annually nationwide.
• To locate a sink leak, check faucet washers and gaskets for wear.
• Ensure a tight connection on a leaky showerhead by using pipe tape and a wrench, or replace the head if needed with one that has earned the WaterSense label.
• Toilet leaks are often the result of faulty toilet flappers.
• An irrigation system should be checked each spring to make sure it was not damaged by frost or freezing.
Source: The U.S. Environmental Protection Agency