N.H. Code Admin. R. Env-Dw 503.09

Current through Register No. 25, June 20, 2024

Section Env-Dw 503.09 - Termination of Service

(a) For purposes of this section, "termination of service" means the suspension of service until such time as the underlying reason for the suspension has been corrected or otherwise resolved.

(b) Subject to (g), below, the water system owner may terminate a customer's service for cause as specified in the water system's rules.

(c) If the water system has not adopted rules covering termination of service, the owner shall terminate a customer's service for cause only as provided in this section.

(d) In the absence of system-specific rules, any of the following shall constitute cause for termination of service:

(1) Failure to pay a bill that is not being disputed under applicable legal procedures;

(2) Misappropriation of water by the customer;

(3) Refusal by the customer to give reasonable access to the customer's premises for necessary inspection of water system property;

(4) Failure by the customer to address a condition that could contaminate the water system;

(5) Failure by the customer to repair or replace customer-controlled equipment that is allowing water to flow when such flow is not intended;

(6) Violation of water use bans imposed by the water system, including but not limited to, exterior water use when a use restriction has been imposed by the water system;

(7) Violation of formally adopted water system rules provided that the rules identify service termination as a penalty for violation; or

(8) Tampering with water system property.

(e) Subject to (f) and (g), below, prior to terminating service the water system shall notify the customer in writing by registered mail or other method that provides confirmation of delivery at least 14 days prior to the termination date.

(f) The owner may terminate service without the advance written notice required by (e), above, if:

(1) The owner provides as much advance notice to the customer as is practicable under the circumstances;

(2) The owner notifies the department of the termination within 48 hours of the termination; and

(3) One or more of the following is true:

a. A condition exists that poses a threat to the safety or reliability of the water system;

b. A condition exists that poses a threat to life, health, or property; or

c. The customer has abandoned the property served by the water system, as evidenced by:

1. The service address premises being vacant for a period of 60 days without any notification to the water system; and

2. The customer not responding to the owner's attempts to contact him or her.

(g) A water system registered with the public utilities commission (PUC) shall use the termination procedure specified in the system's PUC franchise and tariff.

N.H. Code Admin. R. Env-Dw 503.09

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13