Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-7-6 - Customer Relations6.1. Customer information.6.1.1. Information as to service. -- Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may enjoy safe and efficient service.6.1.2. Explanation of meter readings. -- Each utility shall adopt some means of informing its customers as to the method of reading meters, either by a printed description on its bills, or by a notice to the effect that the method will be explained at the office of the utility upon request. It is recommended that an exhibition meter be kept on display in each sales office maintained by a utility.6.1.3. Explanation of rates. -- It shall be the duty of the utility to explain to the customer at the beginning of service, or whenever the customer shall request the utility to do so, the utility's rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist the customer in obtaining the best rate for the customer's service requirements. The responsibility for the selection, however, rests with the applicant. In the event the customer's use of service changes such that a rate schedule other than the one initially selected becomes favorable, the responsibility for requesting a change in rate schedule, consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if requested by the customer, the utility shall supply the customer with a copy of the utility's rate or rates applicable to the type of service to be furnished to all classes of customers with a concise written explanation of the rates, and an identification of any classes of customer for whom rates are not summarized.6.1.4. Posting of law, rates, rules and collection agents.6.1.4.a. Every utility shall maintain in its office for inspection by the public the following:6.1.4.a.1. A copy of the rates and rules of the utility, and of forms of contracts and applications applicable to the territory served from that office.6.1.4.a.2. A copy of the Public Service Commission Law of this State.6.1.4.a.3. A copy of these rules.6.1.4.b. A utility shall exhibit a suitable placard, in large type in a conspicuous location, giving information to customers that the utility has a copy of the law, the rules of the Public Service Commission applicable to the utility and the schedules of rates available for customer inspection.6.1.4.c. Once a year, or as often as a utility changes collection agents, each utility shall publicize by newspaper or bill insert to its customers its collection agents to whom customers may deliver payment of water bills.6.1.5. Applications for water service. 6.1.5.a. All applicants desiring water service may be required to make written application at the office of the utility on printed forms provided therefor, setting forth in said application all purposes for which water will be used upon the applicant's premises. The utility may require the applicant to provide identification at the time of application for service. All applicants for service are required to designate on every application for service whether the applicant is a tenant or an owner of the premises to be served. If the applicant is a tenant, the applicant shall state the name and address of the owner or owners of the premises to be served.6.1.5.b. Any change in the identity of the contracting customer at a premises will require a new application for water, and the utility may, after reasonable notice, discontinue water service until such new application has been made and accepted, but the former customer shall remain liable for water furnished to said premises until the customer has given notice in writing to the utility to discontinue water service. In the event the customer of record has died or has become incapable of being responsible for water service, that individual's spouse may become the customer of record without being required to complete a new application for water service, or paying a new deposit.6.1.5.c. Except as provided in Water Rule 6.8.3.b., a utility will not charge to turn on water during regular working hours for a new customer or a current customer transferring service to a new location.6.1.5.d. The utility's approval of an application for water to be supplied to any premises shall constitute a right to the customer to take and receive a supply of water for said premises for the purposes specified in such application; (i.e. Residential, Commercial, and Industrial) subject only to the fulfillment of the conditions of these rules by the customer.6.1.5.e. In the event that a public service district providing sewer service owns and operates facilities within the same service territory as the publicly or privately owned water utility, city, incorporated town, other municipal corporation or other public service district providing water service to the area, then an application shall not be complete until such time as the applicant provides a receipt from the sewer public service district showing that, where the applicant is legally required to do so, proper application for sewer service has been made and a security deposit paid thereto. Upon receipt of said proof from the applicant, or upon a showing that the applicant is not legally required to apply for sewer service or pay a security deposit, the water utility shall notify the sewer public service district, in writing, the date upon which water service is scheduled to be turned on to the applicant. Said written notification to the sewer public service district shall be made within five (5) days, excepting Saturdays, Sundays, and state or_federal holidays, of the date that the application for water service is deemed complete.6.1.6. Special applications to a utility for water service.6.1.6.a. An applicant must specifically apply to the utility for water for building, construction or other temporary purposes.6.1.6.b. An applicant must specifically apply to the utility for a connection for private fire service.6.1.6.c. Where an applicant desires water for only a short period of time, and not continuously throughout the year, such as for vacation homes or cottages, building purposes, street paving, cleaning property, filling tanks or other short-term uses, an application shall be made to the utility as set forth in Water Rule 6.1.5., and payment made in accordance with the applicable schedule of rates and charges, in which case a suitable deposit shall be made.6.1.6.d. Whenever a street service connection is made to the mains for temporary service or for temporary private fire service, the applicant shall bear the entire cost and expense of labor and material for tapping the main and installing the service pipe and meter and its removal, if required.6.1.7. Private fire protection service. 6.1.7.a. The applicant shall furnish the utility with one set of complete drawings prior to the completion of the tap, showing the pipes, valves, hydrants, tanks, openings, and appurtenances contemplated in the application. Such sketch must also show any other water supply system, pipelines and appurtenances existing on the premises. There shall be no connection between such other supply and pipes connected to the utility's mains unless protected by a backflow prevention device approved by the utility, or the Bureau for Public Health.6.1.7.b. The utility shall not approve an application for private fire protection service unless the utility determines that its system provides an adequate size water main with sufficient water volume and pressure. Prior to the installation of a private fire protection system, a flow test shall be performed as required by the State Fire Code, specifically as described within the incorporated National Fire Protection Association (NFPA) Standard 291, to determine the water supply and pressure available in the utility's water main. The private fire protection system shall be designed by the applicant based on the results of this flow test, with the understanding that the results of a particular test may not consistently be available on the utility's system. The applicant shall be responsible for the cost of the flow test.6.1.7.c. The customer shall obtain the approval of the utility in advance for any change, alteration or addition in the fixtures, openings and uses specified in the application. The customer shall make its fire protection facilities available to the utility at all reasonable times.6.1.7.d. The utility shall determine the size and location of any connections made to its distribution mains for private fire protection service, and will, at the cost and expense of the customer, make the connection to its mains and install the service connection from the distribution main to a point at or near the property line.6.1.7.e. The extent of the rights of the private fire protection service customer is to receive, but only at times of fire on his premises, the available water supply. The utility shall not be considered an insurer of property or persons, or to have undertaken to extinguish fire or to protect any persons or property against loss or damage by fire or otherwise, and shall be free and exempt from any and all claims for damages on account of injury to property or persons by reason of fire, water, failure to supply water or pressure, or for any other cause whatsoever.6.1.7.f. Unless otherwise provided in a written agreement between the applicant and the utility, service lines for private fire protection service shall be distinct and separate from the regular or general water service line. A private fire service connection is furnished for the sole purpose of supplying water for the extinguishment of fires, and the use of water from such a connection for any other purpose is absolutely forbidden.6.1.7.g. Where the applicant and the utility have entered into a written agreement that one service pipe be used for both general and fire purposes, the utility may set minimum construction standards and specifications for the applicant's portion of the dual purpose service pipe, and may require that its construction be subject to inspection by the utility.6.1.7.g.1. At the building to be served, the common service pipe shall separate into two service pipes, one for private fire protection and the other for general water service unless the private fire protection service is for a residential one- or two-family dwelling. Residential one- and two-family dwelling Life Safety fire sprinkler systems based on the State Fire Code, standard NFPA 13D may be provided through the general water service connection. The utility will, at its cost and expense, install and maintain a water meter of appropriate size on the general water service pipe and the necessary piping and fitting for the meter setting. All dual purpose service lines must comply with all applicable Bureau for Public Health standards and regulations.6.1.7.g.2. The utility will charge the applicant for general water service based on the consumption through and size of the water meter installed, in accordance with its schedule of rates for general water service with the exception that a residential one- or two-family Life Safety fire service supplied through a residential service meter shall be provided with a one-inch meter and shall be charged based on the consumption through the meter. The minimum charge shall be based on a meter size no greater than the size of meter that would have otherwise been needed without residential fire service. It shall be understood that this increased meter size is due to the potential volume necessary for a residential Life Safety fire service and for no other purpose. The applicant shall be responsible for the additional cost of materials for the one-inch service over the service size that would have otherwise been needed without a residential fire service. Except as otherwise provided in this rule, the utility shall, subject to Commission approval, charge the applicant for private fire protection service in accordance with its schedule of rates for such service.6.1.7.h. The customer shall furnish and install at the customer's expense a gate valve and curb box, or a post indicator and gate valve controlling the entire supply at the curb or property line of the street in which the main is located or at such other points as may be approved by the utility. If required by the utility, the customer shall furnish and install at the customer's expense the valve in a valve pit or vault.6.1.7.i. The utility shall ensure that service lines supplying private fire protection systems are protected by a minimum of two approved check valves. One of these check valves may be the alarm check provided as part of the system. The other may be a detector check, double check valve assembly, or an approved single check valve. Specific requirements and/or installation procedures are governed by the Bureau for Public Health but the utility's backflow prevention requirements shall be no more stringent than the minimum standards necessary to protect the utility's main(s).6.1.7.j. Under no circumstances will anti-freeze be permitted in the sprinkling systems unless a reduced pressure zone backflow preventer, approved by the utility or the Bureau for Public Health, is provided at the point of connection in the anti-freeze system.6.1.7.k. The entire private fire service system on the customer's premises shall be installed and maintained by and at the expense of customer and shall be subject to the inspection, test and approval of the utility before the service is made effective, and at such times thereafter as the utility deems necessary or appropriate.6.1.7.l. The utility may seal hydrants and other fixtures connected with a private fire service system, and such seals may be broken only in case of fire or as specially permitted by the utility, and the customer shall immediately notify the utility of the breaking of any such seal.6.1.7.m. Whenever a fire service system is to be tested, the customer shall notify the utility of the proposed test, designate the day and hour when same is to be made, so that, if desired, the utility may have an inspector present during the test.6.1.8. Public fire service. 6.1.8.a. Any governmental unit located in the utility's service area by ordinance of its Council or by resolution of its Board of County Commissioners shall have the right to order the installation of additional fire hydrants on existing utility owned mains having an internal diameter of six (6) inches or larger and the utility will install such hydrants at its own cost and expense; provided the estimated gross receipts from such proposed new fire hydrant rentals shall equal or exceed twelve percent (12%) annually of the cost of said installations.6.1.8.b. Where pipeline installations are required to carry out an order of any governmental unit located in the utility's service area to install fire hydrants, or where existing utility owned mains, in the opinion of the utility, are inadequate to provide fire flows to such hydrants, and when any governmental unit located in the utility's service area orders the installation of a water main of adequate size to provide such flows to the hydrant or hydrants so ordered, the utility will install such mains and hydrants at its own cost and expense; provided that the utility shall not be required to make extensions of said water mains unless the estimated gross receipts from private consumers and from such proposed new public fire service fire hydrant rentals shall equal or exceed twelve percent (12%) annually of the cost of such mains and hydrants.6.1.8.c. Non-emergency use of a fire hydrant is prohibited unless there has been made advance notification of such proposed use by the user to the utility, and the utility has provided prior written approval of such use to the user. The utility shall charge its tariff rate for domestic water usage for all non-emergency fire hydrant water usage.6.2. Customer deposits. 6.2.1. Security deposits. 6.2.1.a. Security deposits for utilities other than public service districts. -- A utility, other than a public service district may require the applicant or customer to make a deposit with it initially, and from time to time, to secure the payment of water service rates and charges. Except for municipal water systems, such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service or one-sixth (1/6) of the annual estimated charge for all other service. For a municipal water system only, the deposit shall not be more than either fifty dollars ($50) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater. For combined water and sewer municipal systems the deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater. This provision must be included in the utility's tariff filed with the Commission. The utility shall not be bound to supply water until these conditions are fulfilled and it may terminate water service if the security or increased security is not given when required. The utility shall have a reasonable time, not to exceed thirty (30) days, to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund. This provision must be included in the utility's tariff filed with the Commission.6.2.1.b. Security deposits for public service districts. -- All new applicants for residential or other water service from a public service district shall make a deposit of (i) a minimum of fifty dollars ($50), or (ii) two-twelfths (2/12) of the average annual usage for the applicant's specific customer class for water service, whichever is greater, with the district to secure the payment of water service rates and charges. For combined water and sewer public service districts such deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of water service and wastewater service for the applicant's specific customer class, whichever is greater. The district shall not be bound to supply water until this condition is fulfilled. In any case where a deposit is forfeited to pay service rates and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another deposit as described above has been remitted to the district. This provision must be included in the utility's tariff filed with the Commission.6.2.1.c. Return of deposit to customers. -- Except as otherwise provided in Water Rule_6.2.1.d., after a customer has paid bills for service for twelve (12) consecutive months without a delinquency the utility shall promptly and automatically refund the deposit plus accrued interest. Calculation of the above twelve (12) month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. For a customer whose deposit remains with the utility at the time of the requested termination, any deposit plus interest held by the utility shall be credited against the final bill with the utility paying any remainder to the customer at the time of the final bill.6.2.1.d. Return of deposit by public service districts and municipal systems only for a customer who is a tenant. -- By statute districts and municipal water systems are not required to return a deposit to a customer who is a tenant until the time the tenant discontinues service with the district or municipal system. After a customer who is a tenant discontinues service with the district or municipal system, the utility shall promptly and automatically refund the deposit plus accrued interest. The public service district or municipal system shall have a reasonable time, not to exceed thirty (30) days, to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.6.2.1.e. Interest paid on deposits will be established by the Commission by general order.6.2.1.f. A current customer of a public service district or a municipal system who requests service at another location within the jurisdiction of the district and who has made payment of bills for the previous twelve (12) months without a delinquency is not required to pay a deposit for service at the new location because that customer is not a new applicant for service under W. Va. Code §§ 16-13A-9, 8-20-10 or 16-13-16. The preceding sentence shall not apply to multiple service locations. Multiple service locations shall require multiple deposits. In the event the customer of record has died or has become incapable of being responsible for water service, that individual's spouse may become the customer of record without being required to complete a new application for water service, or paying a new deposit.6.2.1.g. Record of deposit. -- Each utility holding a cash deposit shall keep a record showing: (i) the name and current address of each depositor;(ii) the amount and date of the deposit;(iii) each transaction concerning the deposit.6.2.1.h. The receipt. -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service or the customer, a receipt showing: (ii) the name of the applicant or customer and the address of the premises served or to be served,(iii) the service furnished or to be furnished, and(iv) the amount of the deposit and the fact that interest will be paid at a Commission determined rate. Each utility shall provide automatic means to refund the deposit of a customer, when he is so entitled, if the original receipt cannot be produced. A receipt of proof or payment will not be necessary under the provisions for an automatic refund.6.2.1.i. Unclaimed deposits. -- The utility shall follow the provisions of the Uniform Unclaimed Property Act, codified at W. Va. Code § 36-8-1, with regard to the disposition of any unclaimed deposit.6.2.1.j. All utilities that collect security deposits must do so in a nondiscriminatory manner.6.2.2. Guaranty agreement. 6.2.2.a. A utility, other than a public service district, may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor may, upon request, receive copies of disconnection notices sent to the customer whose account has been guaranteed: provided that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.6.2.2.b. A guaranty agreement shall terminate after the customer has satisfactorily paid bills for twelve (12) consecutive months, or when the customer gives notice to the utility of discontinuance of service at the location covered by the guaranty agreement, or six (6) months after discontinuance of service where no notice was given, or at the guarantor's request upon thirty (30) days' written notice to the utility. Upon termination of a guaranty agreement, or whenever the utility deems the same insufficient as to amount of surety, a cash deposit or a new or additional guaranty may be required upon reasonable written notice to the customer.6.2.2.c. Application in case of receiver or trustee. -- The aforesaid provisions shall apply in the case of a receiver or trustee operating a business, under court order that requires utility service.6.3. Billing information. 6.3.1. A utility shall render bills periodically. Each bill must show the readings of the meter at the beginning and end of the period for which the bill is rendered, the date of the meter readings, the number of cubic feet or gallons of water supplied, and the authorized rate. If the utility must, for any reason, render an estimated bill, the bill shall be clearly marked as an estimated bill. All bills shall state "This utility is regulated by the Public Service Commission of West Virginia" and "Rates available upon request."6.3.2. No adjustment will be required in billing when the deviation from the standard billing period is not more or less than five (5) days in the case of monthly billing, ten (10) days in the case of bi-monthly billing, and fifteen (15) days in the case of quarterly billing. When the deviation exceeds these limits, either for regular or periodic billing or for opening or closing bills, the water blocks and minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard billing period, which will be taken at thirty (30) days for monthly billing, sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly billing. _6.3.3. Utilities desiring to adopt mechanical billing of such nature as to render compliance with all the terms of Water Rule 6.3.2. impractical may make application to the Commission for relief from part of these terms. After consideration of the reasons given when asking for relief, the Commission may allow the omission of part of these requirements.6.3.4. On all bills that include charges for items other than authorized water charges, the utility will clearly state other factors used in computing the bill so that the amount may be readily verified from the information appearing on the bill.6.3.5. Each bill shall bear on its face the latest pay date and the date it shall be a delinquent bill if not paid. A utility may request a delayed payment penalty applicable to current usage billings not paid by the latest pay date, equal to ten percent (10%) of the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility's tariff filed with the Commission. 6.3.5.a. When a utility receives a customer payment at a time when both a delinquent bill and a current bill are outstanding, the utility will apply the payment first to the current bill, and apply any leftover amounts to the delinquency. Provided, that this rule shall not apply to payments from customers whose delinquencies have been addressed in a deferred payment agreement. If a termination notice has been issued then the payment should first be applied to the delinquent amount that is the subject of the termination notice.6.4. Adjustment of bills. 6.4.1. Fast meters. -- If, upon test of any meter, the utility finds that a meter has an average error of more than two percent (2%) fast, the utility shall refund to the customer the overcharge, based upon the corrected meter reading for a period equal to one-half (1/2) the time elapsed since the last previous test, but not to exceed six (6) months. If it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date. If the meter has not been tested in accordance with subsection 8.4, the period for which it has been in service beyond the regular test period shall be added to the six (6) months in computing the refund.6.4.2. Dead meters. -- If a utility finds that a meter is not registering, or that remote metering equipment has failed, for any period, the utility shall compute the water used by taking the average of the water used for the meter-reading period preceding and the meter-reading period following the date when the meter was found to be dead, which amount shall be assumed to be the amount of water used by the customer during the billing period in which the meter was found dead. Exceptions will be made to this rule in case the facts clearly show that the above method does not give the correct consumption for the period. A utility may backbill the customer for the difference between the amount previously billed and the customer's estimated usage for a maximum of three (3) months preceding the date the dead meter is repaired or replaced. The utility should fix or replace dead or malfunctioning meters within thirty (30) days of the utility's discovery that a meter is dead or malfunctioning.6.4.3. Leaks on the customer's side of the meter.6.4.3.a. Each utility shall implement a written leak adjustment policy consistent with this rule. Where the bill reflects unusual usage in excess of 200% of the customer's historical usage that can be attributed to leakage on the customer's side of the meter the utility will adjust the bill. The policy shall be maintained in the utility's office for inspection by the public and shall be applied in a non-discriminatory manner to all customers. The policy shall be filed with the Commission as a part of the utility's tariff. The reasonableness of the utility's policy shall be subject to approval by the Commission and the reasonableness of the utility's practice with respect to implementing a policy shall be subject to Commission review in a formal complaint proceeding.6.4.3.b. The recalculated bill shall reflect the utility's incremental cost of treating or purchasing the water, as contained in the utility's tariff, for all amounts above 200% of the customer's historic usage. Historic usage shall be defined as the average usage of the preceding twelve (12) months, or actual period of service if less than twelve (12) months. If using the historic usage would result in an unreasonable calculation, adjustments may be made. If such adjustments are made, the utility should advise its customer that a dispute regarding such adjustments may be taken to the Commission in the form of an informal complaint.6.4.3.c. As an alternative to using the incremental cost of treating or purchasing the water, the utility may, at its option, use an adjustment that allows it to recover the Commission's estimate of "typical incremental" cost per thousand gallons of water on usage above the historic usage. The Commission shall from time to time establish its estimate of "typical incremental cost" by order.6.4.3.d. In rate cases the Commission will determine the utility's incremental cost of treating or purchasing the water and require that the utility include the rate in an appropriate tariff as the leak adjustment rate. After the Commission approves a rate in a rate case, the utility shall not have the option to use the Commission's estimate of "typical incremental cost" found in Water Rule 6.4.3.c.6.4.3.e. The water utility shall, after determining that a leak adjustment must be made, notify the sewer utility of the amount of the adjustment in gallons and the reason for making the adjustment.6.5. Complaints. 6.5.1. Investigation of complaints. -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission. In the event that the complaint is not adjusted, the utility shall notify the customer that he may file an informal or formal complaint with the Commission.6.5.2. Records of complaints. -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.6.5.3. Disposition of records. -- Records of complaints shall not be destroyed until a summary has been prepared for permanent record, showing the character of complaints made, the number of each type received in each month, and the disposition of the complaints.6.6. Disputed bills. 6.6.1. In the event of a dispute between the customer and the utility respecting any bill, the utility shall conduct an investigation and report the result thereof to the customer. In the event that the complaint is not resolved, the utility shall, before service is discontinued, notify the customer of the customer's right to file an informal or formal complaint with the Commission.6.7. Customer discontinuance of service. 6.7.1. Any customer requesting service to be discontinued shall give notice thereof to the utility, during regular business hours. Unless a different period shall be mutually agreed upon by written contract, the utility will discontinue service by the end of the next business day. Until the utility receives notice, the customer may be held responsible for all service rendered.6.8. Utility discontinuance of service. 6.8.1. Notice of discontinuance. 6.8.1.a. The utility may not discontinue service sooner than ten (10) days following the date that a utility has mailed to a customer written notice of scheduled termination of service, in compliance with Water Form No. 1 attached to these rules. Where written notice is required the utility must send the notice by first class mail, address service requested. The written notice shall become void if the utility has not discontinued service within thirty (30) days of the date indicated on the notice.6.8.1.b. Where (1) conditions hazardous to life or property are found to exist on the customer's premises, (2) the utility's regulating, measuring or distribution equipment or facilities have been tampered with, or (3) the customer's premises have been condemned through a condemnation proceeding under the laws of this state, the water may be shut off without notice in advance.6.8.1.c. Prior to disconnecting water service for non-payment of a water, a stormwater, or a sewer bill, a utility is required to make at least two (2) attempts to notify the customer through personal contact unless it can be reasonably established that the premises are not permanently inhabited. For the purposes of this rule, personal contact includes both face-to-face meetings and telephone calls. 6.8.1.c.1. When the water service is being terminated for non-payment of a water bill, the two (2) attempts to notify by personal contact shall be made on two (2) separate business days at least twenty-four (24) hours prior to the scheduled termination unless it is reasonably established that the premises are not permanently inhabited. The inability to make personal contact shall not prevent the water utility from terminating service.6.8.1.c.2. When water service is being terminated for non-payment of a sewer or stormwater bill, the sewer utility, the municipality or public service district owning the stormwater system, or the water utility is required to make two (2) attempts to notify by personal contact on two (2) separate business days at least twenty-four (24) hours prior to the scheduled termination unless it can be reasonably established that the premises are not permanently inhabited. The inability to make personal contact shall not prevent the water utility from terminating service.6.8.1.d. Service shall not be discontinued on a Saturday, Sunday, any day that is a federal or state holiday, a day on which the utility's business office is not open to accept payment, or on the day before such days, unless an emergency exists.6.8.1.e. All disconnections shall be performed between the hours of 8 a.m. and 4 p.m.6.8.1.f. The utility may, but is not required to, accept payment at the customer's premises in lieu of discontinuing service for either a delinquent water or sewer bill.6.8.1.g. If a customer has received notice of a scheduled termination, and, to avoid such termination, makes payment by check which is subsequently dishonored by the bank, the utility may then terminate service only after it has mailed notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to termination; provided that at the option of the utility, in lieu of mailing the notice, the utility may contact the customer either in person or by telephone. For purposes of this rule, if the utility elects to contact the customer either in person or by telephone, an attempt to contact shall not be considered sufficient -- actual contact must be made.6.8.1.h. If a landlord of a single-unit dwelling or a master-metered mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling is responsible for payment of a utility bill, written notice of termination in the form of Water Form No. 2 shall be placed at a location readily available for public inspection on the premises at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination of service to that mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling. If the billing address for any single unit service is different than the service location, a written notice in the form of Water Form No. 2 shall be delivered or posted at a visible location on the premises where the service is to be terminated at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination. This notice shall inform the occupant(s) of the date on or after which termination of service will occur and shall state the steps the occupant(s) can take to avoid termination of service.6.8.1.i. Deferred Payment Agreement. A water customer who has been notified that water service is to be terminated for non-payment of water bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the availability of a reasonable payment plan. 6.8.1.i.1. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the delinquency; ability of the customer to pay; payment history; time the delinquency has been outstanding; reasons why the delinquency has been outstanding; and any other relevant factors.6.8.1.i.2. A standard deferred payment agreement will include a pay-off amount consisting of the delinquency balance in twelve monthly payments. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. The deferred payment agreement shall include language informing the customer of the right to challenge the reasonableness of the proposed payments to the Commission.6.8.1.i.3. During the challenge, the utility may not terminate service: provided that the current bill must be paid by the customer on time and in full in order to protect the customer's rights under this rule.6.8.1.i.4. Once a deferred payment agreement has been established, the customer must pay the current bill on time and in full and make timely payments in accordance with the deferred payment agreement.6.8.1.i.5. If the customer's financial condition significantly changes and the existing payment agreement results in hardship, the utility shall renegotiate the payment agreement, consistent with the provisions of Water Rule 6.8.1.i.1. The customer shall provide documentation in support of his claim that his financial condition has changed. During the renegotiation period the customer must continue to pay the current bill on time and in full and make some payment on the delinquency.6.8.1.i.6. If the deferred payment is not received in accordance with the terms of the agreement or the payment is made with a check subsequently dishonored by the bank, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to termination: provided that at the option of the utility, either personal contact or telephone contact with the customer may be substituted for contact by first class mail. If the customer makes the delinquent payment within that notice period, service shall not be terminated. However, if the customer has, during the previous twelve (12) months, attempted to make payment by a check which was subsequently dishonored by the bank the utility may refuse the customer's check and immediately terminate service without additional notice.6.8.1.j. In the case of a sewer utility requesting termination of water service for non-payment of sewer service, the sewer utility shall provide the customer written notice complying with Sewer Form No. 1, ten (10) days before the effective termination that the sewer utility will request termination of water service by the water utility if payment is not made in full or a payment schedule is not established as provided by Sewer Rule 6.8.2.i. The written notice must be sent first class mail, address service requested. This notice shall contain a provision notifying the customer that in the event water is terminated the customer will be responsible for and required to pay the fees charged to the sewer utility by the water utility.6.8.1.k. A sewer utility requesting termination of water service for non-payment of sewer bills shall provide the water utility with a copy of the notice to the customer required by Sewer Rule 6.8.1.a.6.8.1.l. A sewer utility will provide the water utility with a written request for termination of water service for non-payment at least twenty-four (24) hours before the end of the ten (10) day notice period to the customer.6.8.1.m. If a utility proposes termination rules that differ from the Commission rules, those termination rules must be filed with the Commission as a request to modify the utility's tariff.6.8.2. Once a disconnected customer has paid his delinquency in full, or the utility has agreed to enter into a deferred payment agreement with the customer, and all disconnect and/or reconnect fees have been paid, the utility shall reconnect the customer's water service as soon as possible but no later than twenty-four (24) hours from the time the customer pays all disconnect and reconnect fees.6.8.3. Charge for reconnection.6.8.3.a. Whenever the supply of water is turned off for violation of rules, non-payment of bills, or fraudulent use of water, the utility may make a charge as set forth in its tariff for reestablishment of service.6.8.3.b. If service is discontinued at the request of the customer, the utility may refuse service to such customer, at the same premises, if requested within eight (8) months of the date service was discontinued, unless the customer shall first pay the reconnection charge set forth in the utility's tariff.6.8.4. The utility shall not refuse, deny, or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.6.8.5. Combined water and sewer public service districts. -- Any public service district providing water and sewer service to its customers shall have the right to terminate water service for delinquency in payment of either water or sewer bills; provided that proper notice is given and procedures followed as set out in these Rules.6.8.6. Inter-utility Agreements regarding discontinuance of water service for non-payment of sewer bills. 6.8.6.a. In the event that any utility, (whether public, private, city, incorporated town, municipal corporation or public service district) owns and operates either water facilities or sewer facilities, and a separate utility owns and operates the other kind of facilities, either water or sewer, then the two utilities shall covenant and contract with each other to shut off and discontinue the supplying of water service for the non-payment of sewer service fees and charges; provided that proper notice is given and procedures are followed as set forth in Water Rules 6.8.1.a. through 6.8.1.m.6.8.6.b. Municipal sewer. -- When sewer facilities are municipally owned and water facilities are not, the municipality providing sewer service may require the water utility to discontinue water service to any customer who is delinquent in the payment of sewer service rates and charges to the municipality. The water utility shall discontinue water service upon demand of the municipality for this purpose; however, prior to discontinuance of any water service, the municipality shall contract with the water utility which contract shall provide that the municipality shall reimburse the water utility for all costs and expenses incurred in both the termination of water service to the delinquent sewer customer and the subsequent resumption of water service to such customer. The contract shall provide for reasonable methods and assurances so that the water utility will be protected and held harmless from claims and damages when water service is discontinued in error or in violation of the rights of the customer through the fault of the municipal sewer utility.6.8.6.c. The inter-utility agreement should contain specific provisions regarding responsibilities of notice of termination, termination, reconnection, and reasonable fees based on fair and reasonable compensation.6.8.6.d. Any inter-utility agreements pursuant to Water Rule 6.8.6.b. shall be submitted to the Commission for approval prior to any termination of water service for non-payment of sewer bills under such agreements.6.8.6.e. A water utility that has terminated or reconnected service for non-payment of sewer bills or that has made a visit to the customer's premises to terminate service, may charge the sewer utility a fee pursuant to Water Rule 6.8.3. The sewer utility may include this charge in the billing to the delinquent customer; provided that such charge is included in the sewer utility's approved tariff.6.8.7. A sewer customer who has been notified that water service is to be terminated for non-payment of sewer bills shall be given the opportunity to enter into a deferred payment on the same terms and conditions set forth in Water Rule 6.8.1.j.6.9. Refusal to serve applicant. -- The utility should design its application form to reflect the following: 6.9.1. Non-compliance with rules. -- Any utility may decline to serve an applicant until he has complied with these rules and the Commission approved utility's rules set forth in a Commission approved tariff governing water service.6.9.2. Applicant's facilities inadequate. -- The utility may refuse to serve an applicant if, in its judgment, the applicant's installation of piping equipment is regarded as hazardous or of such character that satisfactory service cannot be provided.6.9.3. A bill which has been found to be contractually uncollectible by a court or could reasonably be found to be uncollectible by reason of an applicable statute of limitations shall not be used by a utility to deny or discontinue service.6.9.4. Applicant's recourse. -- In the event that the utility refuses to serve an applicant under the provisions of this rule, the utility must inform the applicant that the applicant may file a complaint with the Commission for decision.6.9.5. In the case of the establishment of a new utility and/or extensions planned by an existing utility, where the utility has received applications for service and has accepted the tap-fee for same from the applicants, the utility will immediately upon receiving bids for such installation determine the feasibility of serving the areas in question and immediately advise the applicants. In the event an area is deemed infeasible to serve, the tap-fee deposit will be returned to the applicant immediately.6.10. Change in character of service. -- When a utility makes a substantial change in water pressure, or other conditions affecting the efficiency of operation or adjustment of appliances, the utility shall inspect and readjust the appliances of all customers in the district affected, if necessary, without charge. Where circumstances require, the utility shall furnish and install suitable pressure regulating devices.6.11. Access to property.6.11.1. The utility shall at all reasonable times have access to meters, service connections and other property owned by it on customer's premises, for the purpose of maintenance and operation. Neglect or refusal on the part of customers to provide reasonable access to meters, service connections and other property owned by the utility for the above purposes shall be deemed to be sufficient cause for discontinuance of service.6.11.2. Identification for employees. -- Every employee, whose duties regularly require work on or near the property of a customer, shall wear a distinguishing uniform or insignia, identifying the person as an employee of the utility and shall carry an identification card which will identify the person as an employee of the utility, containing a photograph of said employee. The identification card shall contain the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers, shall carry an identification card containing information as herein required.6.12. Service interruptions.6.12.1. Records of interruptions. -- Each utility shall keep a record of all interruptions of service affecting its entire system or major divisions thereof, including a statement of the time, duration, and cause of the interruptions.6.12.2. Notification to customer for scheduled interruptions. -- A utility will notify every affected customer in advance of contemplated work that will result in an interruption of service.6.12.3. Curtailment or restriction service policy. -- Prior to putting any curtailment or restriction policy affecting customers into effect, a utility shall file its contemplated policy with the Commission and_supply the following information: 6.12.3.a. Reason for curtailment or restriction of service.6.12.3.b. Date curtailment or restriction policy requested to begin.6.12.3.c. Duration of policy and projected correction programs with time parameters for completion.6.12.4. Notice required for unscheduled interruptions. -- In the event of an unscheduled service interruption, a utility shall notify the Bureau for Public Health and the Commission as soon as possible upon a utility becoming aware of an unscheduled service interruption. Additionally, a utility will make customers and the general public aware of any unscheduled service interruption by utilizing one or more of the following acceptable methods of public notification as appropriate: 6.12.4.a. Fax/e-mail notification to local radio and television stations, cable systems, newspapers and other print and news media in the affected area as soon as possible after the event occurs. The notification must provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or subpopulation particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure their safety, with updates as often as needed.6.12.4.b. Use of the utility's own Internet web site and 24/7 emergency phone line and integrated voice response system to provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or subpopulation particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure their safety, with updates as often as needed.6.12.4.c. Other types of notice at the discretion of the utility, including, but not limited to, doorknob flyers distributed to affected ratepayers/occupants, e-mail, text message, automated dialing system (outbound dialing).6.12.5. Actual notice must be provided to affected health care and childcare facilities and other facilities, for example, schools and restaurants, as determined by consultation with the Commission, the Bureau for Public Health, the Department of Environmental Protection and other state agencies as necessary.6.12.6. A utility shall coordinate with state and local emergency management agencies, as needed, to use any emergency alert system available for qualifying situations.6.12.7. Public Notice Templates. -- Utilities should have public notice templates prepared and available in advance to avoid wasting critical time developing materials when confronted with an unscheduled service interruption. The notices should cover all possible scenarios from water conservation to boil water alerts to contaminants of concern and associated health effects.6.12.8. Utility Contact Person. -- To ensure that the public is informed in the case of an unscheduled interruption occurring due to an emergency situation, utilities should have a knowledgeable contact person stationed onsite during the emergency, if possible, to communicate to the public and media on behalf of the company.6.12.9. In the case of an unscheduled interruption occurring due to an emergency situation, water utilities should make a reasonable effort to ensure that adequate quantities of alternative supplies of water essential for domestic use are made available in a sufficient number of conspicuous and predetermined locations relative to the number of customers affected by the incident. This includes the use of water tankers or free bottled water, or both. Utilities should ensure that customers are adequately notified of the times available and locations of alternative water supplies. When bottled water is used, utilities should have plans in place, based on prior coordination with local vendors, to have adequate supplies to last for the duration of the outage. The Commission encourages utilities to work proactively with community-based organizations that would have readily available information on the location and special needs of affected elderly or homebound customers in the area.6.13. Moratoria. 6.13.1. Conditions. -- The Commission may impose a moratorium on a system, either entire or apportioned, whenever sufficient evidence exists that the existing facilities are operating in excess of design capacity, that the system capacity necessary for future demand does not exist, or when an increase in customers will result in the degradation of service to existing customers.6.13.2. Petition. -- A utility, Commission Staff, or governmental entity may petition the Commission in writing for the imposition of a moratorium on a system. The petition should include evidence of the existence of conditions outlined in Water Rule 6.13.1. If the utility is the petitioner, it must state the utility's plan to remediate those conditions.6.13.3. Imposition by state agency other than the Commission. -- A utility must immediately notify the Commission in writing if a State agency other than the Commission imposes a moratorium on the utility's system.6.13.4. Public notification of petition. -- A party petitioning for a moratorium shall notify the public that such request is being made, through a Class II legal advertisement in the form of Water Form No. 3, "Public Notice of Filing of a Petition for Imposition of a Moratorium" attached to these Rules, published no later than fifteen (15) calendar days from the date such request is made to the Commission. The notification shall clearly state which areas of the utility's system are affected, and that interested parties may submit comments to the Commission for consideration.6.13.5. Exemptions. -- Any prospective customer or group of prospective customers may apply to the Commission for an exemption from an existing moratorium. The prospective customer(s) shall make the requests in writing to the Commission, and include justification for the proposed exemption.6.13.6. Refusal of Service. -- A utility may not deny service to a prospective customer on grounds of a moratorium until the Commission has imposed a moratorium. Any utility denying service to a prospective customer or group of customers due to a moratorium shall notify, in writing, all applicants for service of their right to file with the Commission a request for exemption from the moratorium.6.13.7. Improvements to System. -- A utility upon which a moratorium is imposed shall continue to seek improvements to its system necessary to lift the moratorium. The Commission may, at its discretion, require the utility to submit reports outlining all progress made toward system improvements.6.14. Local water rationing plans.6.14.1. Authority. -- Upon giving notice to the Commission and the general public, any water utility declaring a temporary shortage of water, and that it is necessary for the health and welfare of the utility's customers to restrict the consumption and use of the existing water supply, shall be authorized to enforce the following Local Water Rationing Plan ("Plan") to restrict use of water to human consumption and for sanitary purposes. If a utility wishes to adopt a Plan different from the following Plan, it may petition the Commission for permission to do so.6.14.2. Definitions.6.14.2.a. "Emergency service area" -- the area or areas within which the utility has declared a state of drought and water shortage emergency.6.14.2.b. "Excess use" -- the usage of water by a water customer in excess of the water allotment provided under the Local Water Rationing Plan for that customer, over any applicable period.6.14.2.c. "Service area" -- the territory and the customers serviced by the utility.6.14.2.d. "Service interruption" -- the temporary suspension of water supply, or reduction of pressures below that required for adequate supply, to any customer, portion of a water supply system or an entire system.6.14.3. Purpose. -- This Plan is intended to establish measures for essential conservation of water resources, and to provide for equitable distribution of limited water supplies, to balance demand and available supplies and to assure that sufficient water is available to preserve public health and safety within an emergency service area.6.14.4. Scope. -- This Plan shall apply to all water uses within a utility's emergency service area including uses by customers of wholesale customers of the utility.6.14.5. Objective of the Plan. 6.14.5.a. It is imperative that water customers within an emergency service area reduce water use in order to extend existing water supplies, and to assure that sufficient water is available to preserve the public health and sanitation, and provide fire protection service and electric power generation.6.14.5.b. This Plan requires equitable reductions in water usage, and for equal sacrifice on the part of each water customer, insofar as such restrictions do not interfere with the public health, adequate fire protection and the generation of electric power. The success of this Plan depends on the cooperation of all water customers in the emergency service area.6.14.6. Measures to implement the water rationing plan. -- Each water supply purveyor, including resellers, within the emergency service area, will develop and adopt necessary and appropriate measures to assure compliance with requirements of this Plan.6.14.7. Prohibiting non-essential water uses. -- The following water uses are non-essential and are prohibited within an emergency service area: 6.14.7.a. Watering of outside shrubbery, trees, lawns, grass, plants or any other vegetation, except from a watering can or other container not exceeding three (3) gallon capacity. This limitation shall not apply to vegetable gardens, greenhouse or nursery stocks and newly established lawns or sod less than five (5) weeks old, which may be watered in the minimum amount required to preserve plant life before 8:00 a.m. or after 6:00 p.m.6.14.7.b. The watering of golf course fairways.6.14.7.c. The washing of automobiles, trucks, trailers or any other type of mobile equipment except in vehicle wash facilities operating with a water recycling system with a prominently displayed sign in public viewing so stating, or from a bucket or other container not exceeding three (3) gallons.6.14.7.d. The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments or other outdoor surfaces.6.14.7.e. The serving of water in restaurants, clubs or eating places unless specifically requested by the individual.6.14.7.f. Ornamental water use, including but not limited to fountains, artificial waterfalls and reflecting pools.6.14.7.g. The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary in the interest of public health or safety by the utility.6.14.7.h. The use of fire hydrants by fire companies for testing fire apparatus and for fire department drills except as deemed necessary in the interest of public safety and specifically approved by the municipal governing body.6.14.7.i. The use of fire hydrants by municipal road departments, contractors and all others, except as necessary for fire fighting or protection purposes.6.14.7.j. The filling of swimming or watering pools requiring more than five (5) gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of the order, except that pools may be filled to a level of two (2) feet below normal, or as necessary to protect the structure from hydrostatic damage, as to pools constructed or contracted for on or after the date of the final order.6.14.8. Recourse. -- Any person aggrieved by a utility's decision relating to these rules may file a complaint with the Commission.6.14.9. Penalties. -- Any person who violates the provisions of this Plan, who fails to carry out duties and responsibilities imposed by this Plan or who impedes or interferes with any action undertaken or ordered pursuant to this Plan, shall be subject to the following penalties: 6.14.9.a. For the first excess use, the utility shall issue a warning of possible discontinuation of service.6.14.9.b. For the second or subsequent excess use, the utility may interrupt or shut off service to the customer without notice, or the utility may add a surcharge of ten percent (10%) to the end user's monthly bill for the month of the infraction.6.14.10. Effective period. -- This Plan shall remain in effect until terminated by action of the utility declaring an end to the emergency condition or until terminated by order of the Commission, whichever comes first.6.14.11. Effective date. -- This Plan shall take effect immediately upon adoption by the utility.6.15. Resale of water. 6.15.1. A utility customer may not resell or cause to be resold water furnished by a public utility on approved rates or contracts unless the customer is engaged in the business of distributing water as a public utility.