Section 407-65-2 - GENERAL PROVISIONSA.Utility Ownership and Responsibility. All water main extensions, appurtenances and service drops constructed pursuant to this rule shall be owned, maintained and, except as provided below, replace by the utility. The actual construction shall be done by the utility or by an agency acceptable to it under the utility's supervision. If replacement is required because of an increase in demand by a new or existing customer or customers and not because the main should be or must be retired, the customers presenting the increased demand shall pay for a reasonable portion of the replacement pursuant to section 3 as if the replacement were a new main extension or service drop, but the utility shall invest an additional amount based on the difference in average customer revenues for the old and new meter sizes. A reasonable portion of the replacement facilities shall be determined in the same manner as provided in section 2(G).B.Temporary Establishment. The utility shall have no obligation to make an investment to extend its water service to a temporary establishment. If, however, service is installed at the customer's expense and water service is taken for a period of five consecutive years, or if the factors causing the utility to believe the establishment is of a temporary nature are removed, the establishment shall be considered as permanent and the utility shall make investments as provided in these rules, providing that no investments shall be made after 10 years following connection of the first customer.C.Main extensions and private lines. A private line shall be installed, owned and maintained by and at the expense of the customer which it serves. Main extensions, wherever located, are subject to the provisions of this chapter. Upon application for service through a water line to be constructed after May 7, 1986, which is otherwise defined by section 1(K) as a private line, the utility may require a main extension if it decides that the private line will be detrimental to the proper development of the water system. If, after May 7, 1986, a customer served by a private line permits another customer, premises or person to be served from the private line, the line shall be subject to the water main provisions of this rule. If the utility determines that this line must be modified or replaced in order to meet its specifications or to provide adequate capacity for reasonably anticipated future growth, the utility shall invest in the line, unless it has chosen to make no investments pursuant to 35 M.R.S.A. §72-A, and the customers served by the line shall provide a contribution as required by section 3 or 4. Any private line which will continue to be used as a main shall be conveyed to the utility without charge. All mains shall be owned and maintained and replaced by the utility as provided in section 2(A) and the utility shall be provided all necessary easements. Refusal or failure to comply with the requirements stated herein or failure of the unauthorized connecting person to voluntarily disconnect shall be grounds for disconnection pursuant to chapter 81, § 2(A)(3), provided that the utility shall give 60 days notice prior to the proposed disconnection and payment of contributions shall be subject to payment arrangements under section 5 of Chapter 81, not to exceed one year in length. A person who disagrees with the utility about the proper size of any main or the need to modify or replace a private line may refer the matter to the Commission staff and Commission pursuant to Section 6(D).
If a utility under this rule, before or after its amendments effective May 7, 1986, has allowed a private line to be constructed when it prudently should have required a main extension, or, if after May 7, 1986, it has authorized connection of a second or subsequent customer to a private line constructed at any time, and if a main extension is built subsequently, customers connecting to the main extension shall be required to make customer contributions only in the amount that would be required if the customers served by the private line were required to connect and contribute to the extension. The utility shall pay the customer contribution of and investment amount for the customers who continue to be served by the private line unless those customers connect to the main extension.
D.Public and Private Ways. Extensions shall normally be made in the municipally accepted public way. The utility may make extensions across private property provided that adequate easements are obtained. It shall be the responsibility of the applicant for a water main extension to provide the utility with such easements as the utility deems necessary. If a utility reasonably believes that the lines and grades of a private street may not be approved by a municipality or other public authority it may refuse to invest in the water main extensions in the private streets until lines and grades have been established by the public authority and the street has met those standards, as determined by the utility or the public authority. Upon compliance with those standards, as well as the utility's construction standards, the utility shall make investments for each customer previously connected for a period of ten years following connection of the first customer.
E.Public Authority. Where an extension must comply with an ordinance, regulation or specification or a public authority, the estimated and final cost of said extension shall be based upon the costs to comply therewith.F.Fire Service. Extensions made solely for either public or private fire protection service shall not be subject to these rules.G.Utility Specifications; Related Distribution Capacity Additions. The utility shall specify the size and type of pipe to be installed, and it shall be the responsibility of the utility to provide mains of adequate size to allow for normal domestic and fire protection growth. In the event that the utility desires to install pipes for its future benefit which are larger than required in the extension area, appropriate adjustments will be made. If the demand for water expected from the customers to be served by the extension requires existing mains leading to the extension to be replaced or supplemented by parallel mains, or requires booster pumps or other appurtenances in order to satisfy the demand or to maintain adequate pressure along the extension or along the main leading to the extension, a reasonable portion of these costs shall be included in the price of the water main extension. In determining a reasonable portion the utility shall consider whether the need for new replacement or parallel facilities is caused entirely by the customers to be served by the main extension; the age of existing facilities and the need for replacement for other reasons; the marginal cost of providing the additional capacity if existing facilities need present replacement or replacement in the near future; any increases in the quality of service to other customers by the addition or replacement facilities; and, in the case of a review pursuant to section 6(D), the prudence of the utility in determining the amount of existing capacity.
H.Length of Extension. In arriving at the length of a water main extension necessary to render service at any point, the distance from such point to the nearest existing water main normally shall be traced along the line which, according to established trade standards and utility practice, marks the proper construction of the extension in the street, road or right-of-way on which the building or lot fronts. The point at which the extension ends and the service line commences shall normally be at the intersection of this line and another line, perpendicular thereto, which passes through the center of the building to be served.I.Low Pressure Areas. The utility shall 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., except for periods of fire flow or system maintenance, unless a limited service contract is executed between the utility and the customer and approved by the Commission. The utility shall insure that the limited service contract is recorded in the Registry of Deeds. The limited service contract shall specify the materials and minimum size for the customer's portion of the service pipe. The execution of a limited service contract shall not prevent the Commission from requiring better service when, upon investigation, the Commission concludes that service should be improved.J.Inspection and Testing. The utility shall insure that any and all facilities, installed or accepted under an agreement, comply with the utility's standards for materials and installation and are adequate and safe for the purpose of the utility. The utility shall not be required to accept a main extension, pipeline or related appurtenances until after they have been inspected and tested and meet the utility's standards. Any inspections or test shall be at the expense of the person requesting service or acceptance.65- 407 C.M.R. ch. 65, § 2