65-407-620 Me. Code R. § 3

Current through 2024-25, June 19, 2024

Section 407-620-3 - GENERAL PROVISIONS

A.Applications for Service. An application for service may be made by either the owner or occupant of the establishment to be served. If a new service connection or other work on the owner's premise is required, the owner must authorize the water utility to enter the premises to perform the necessary work.

B.Advance Payment for Jobbing. Whenever a water utility agrees to do work outside the scope of regulated utility service for a customer at the customer's expense, the water utility may require an advance payment equal to the water utility's estimated cost of the work. At the completion of the work, any excess over the actual bill for services will be returned to the customer, and any amount due in excess of the advance payment will be payable by the customer.

C.Service Lines

1. The water utility will determine or approve the size, location, and material of the service line. The water utility must install, own, and maintain the utility portion of the service line (historically known as the service drop), as described in, and subject to the payment and other requirements of, Chapter 65 of the Commission's Rules. The customer is responsible to pay for, install, own, and maintain the customer's portion of the service line.

2. When a customer requests that a water utility thaw a frozen service line and the water utility cannot determine whether the service line is frozen on the water utility's portion of the service line or on the customer's portion of the service line, one half of the cost of thawing the pipe must be borne by the water utility.

D.Temporary Service

1. If it is impractical for a water utility to provide service directly to a customer, the water utility may furnish water temporarily from an adjacent service line if the water utility and the owner of the adjacent service line approve. The cost of the temporary service will be borne by the customer requesting the temporary service.

2. A water utility has no obligation to make an investment to serve a temporary establishment. If however, service is installed at the customer's expense and water service is taken for the following five consecutive years after the initial provision of service, or if the factors causing the water utility to believe that the establishment was temporary no longer exist, the establishment is considered permanent and the water utility must refund to the customer any expenses borne by the customer which would otherwise have been borne by the water utility with interest compounded annually in accordance with Chapter 870 of the Commission's Rules.

E.Summer Service Lines and Mains. A water utility is only required to serve customers through summer service pipes and mains from May 1 to October 1 or other such dates in the water utility's terms and conditions.

F.Joint Use of Pipe Trench. A water utility must not place water mains or service lines in the same trench with facilities of other utilities. If possible, a water utility must provide a horizontal separation of ten feet between water mains or service lines and facilities of other utilities.

G.Seasonal Customers and Vacancies. A water utility may file a tariff establishing a reasonable charge, based on its costs, for each resumption of service to customers subject to seasonal rates, or for partial vacancy or multiple units served through a single meter with a normal minimal charge for that size meter. If an establishment is to be vacated for a period of thirty days or more, a water utility must abate water charges if the customer notifies the water utility of the vacancy and requests the water utility shut off service as required in the water utility's terms and conditions.

H.Service Interruption. Notice of any planned shut off must be given to affected customers at least twenty-four hours in advance of an interruption of service. Notice of unplanned shut offs must be given as soon as practicable. Notice pursuant to this subsection may be given using electronic means, including but not limited to posts on the water utility's website or social media sites, email, and text messages.

I.Low Pressure Areas

1. A water utility must not extend its mains or render service to new customers in areas where substantially uniform system pressure at the connection of the water service to the main may be expected to fall below 20 p.s.i.g. static, as measured or calculated, except for periods of fire flow or system maintenance, unless a limited service contract is executed between the customer and the water utility and approved by the Commission. If a customer within a water utility's franchise area is willing to enter into a limited service contract, then the water utility must provide service to the customer unless the Commission orders otherwise. The water utility must ensure that the limited service contract specifies the materials and minimum size for the customer's portion of the service line. The limited service contract must be made expressly subject to the authority of the Commission to require better service when, upon investigation, the Commission concludes that service should be improved.

J.Water Conservation and Utilization. A water utility must take all reasonable steps to prevent the unnecessary waste of water. A water utility must not supply water at flat rates for any continuous flow device. If a water utility concludes that a customer charged at flat rates is unnecessarily wasting water, the water utility may convert the customer's service to a metered service. When necessary to conserve and manage water resources, a water utility may restrict or prohibit the use of hoses or sprinklers for both flat rate and metered customers, implement water use provisions specified in the water utility's terms and conditions, or limit water use as required by the Maine Center for Disease Control & Prevention or Maine Department of Environmental Protection.

K.Water Supply Emergency. A water utility may declare a water supply emergency and implement mandatory water conservation and/or utilization restrictions:

(i) when the water utility has determined that water availability from the water utility's source or, if it has more than one source, combined sources is not sufficient to meet demand;

(ii) to comply with drinking water orders by the federal or Maine Center for Disease Control and Prevention;

(iii) when maintenance and repair of facilities or equipment substantially limits the water utility's ability to meet water demand; or

(iv) when the water utility identifies other conditions that substantially limit the water utility's ability to meet water demand. A water utility may declare a water supply emergency for the water utility's entire distribution system or for a discrete portion or portions of the water utility's distribution system. A water utility that declares a water supply emergency and has conservation and utilization procedures in its Commission-approved Terms and Conditions may use those procedures or follow the following process:

1. Provide notice to all affected customers as soon as reasonably practicable. Notice must be given to customers by U.S. Postal Service mail, email, text message, by posting notice on the water utility's webpage or other electronic platform (for example but not necessarily limited to a Facebook page or Twitter account), by postings in public areas of the community, or any combination of the above. The notice must include a description of the water supply emergency, a description of the specific water conservation and/or utilization restrictions being imposed by the water utility, and notice that violations of the water conservation and/or utilization restrictions may subject the customer to a fee equal to twice the general reconnection fee in the water utility's Commission-approved Terms and Conditions. The notice must also specify that each 24-hour period for which the customer is not in compliance with the water utility's water conservation and/or utilization restrictions constitutes a separate violation;

2. For the first violation of the water utility's water conservation and/or utilization restrictions, the water utility must provide a warning by U.S. Postal Service mail, email, hand delivery, text message, door hanger, or any combination of the above to each customer in violation of the water utility's water conservation and/or utilization restrictions. The warning must specify that each 24-hour period for which the customer is not in compliance with the water utility's water conservation and/or utilization restrictions constitutes a separate violation;

3. For each subsequent violation of the water utility's water conservation and/or utilization restrictions after the violation that resulted in the warning in subsection 3(K)(2) of this Chapter, the water utility may impose a fee on the customer's next water bill equal to twice the general reconnection fee contained in the water utility's terms and conditions. For purposes of this fee, each 24-hour period for which the customer is not in compliance with the water utility's water conservation and/or utilization restrictions constitutes a separate violation. A water utility may disconnect customers for repeated violations of the water utility's water conservation and/or utilization restrictions if it deems those customers to be a threat to the safety of any person or the integrity of the water utility's delivery system. Water utilities must conduct such disconnections in accordance with Chapter 660 of the Commission's Rules; and

4. Notify Commission Staff within 24 hours of the implementation and removal of mandatory water conservation and/or utilization restrictions. Notification may be by email or telephone.

65-407 C.M.R. ch. 620, § 3