Section 1220-04-13-.14 - DENYING OR DISCONTINUING SERVICE(1) No public wastewater utility shall discontinue service to any customer, without first providing adequate notice to the customer, provided, however, where an emergency exists fraudulent use is detected, or a dangerous condition is found to exist on the customer's premises, the public wastewater utility may cut off water service without such notice by use of the cutoff valve or by agreement with the water provider.(2) The public wastewater utility shall refuse new wastewater service after the effective date of these rules unless a customer agrees in writing to a "Subscription Service Contract" that would for the reasons listed in this part allow either:(a) The public wastewater utility to install and have exclusive right to use a cutoff valve in the water line between the water meter and the premises (or in customer's water line where no meter exists) in accordance with both the rules and regulations of the public wastewater utility, as found in the tariff approved by the Commission, and this rule; or(b) The public wastewater utility to execute an agreement with a water provider to terminate water services. If the water service is discontinued based on an agreement between a water service provider and the public wastewater utility, this agreement shall be submitted and on file with the Commission prior to any termination of water service in accordance with its provisions so that each customer is treated in a just and reasonable manner.(3) The following shall not constitute sufficient cause for refusal of service to a present or prospective customer: (a) Non-payment for service by a previous occupant of the premises to be served.(b) Failure to pay for merchandise or special services purchased from the public wastewater utility.(c) Failure to pay the bill of another customer as guarantor thereof.(d) Failure to pay for a different type or class of public wastewater utility service.(4) The public wastewater utility's tariff on file with the Commission shall define all terms and conditions that relate to denying or discontinuing wastewater service.(5) When a prospective customer is refused service, or an existing customer has service disconnected under the specific provisions included in the public wastewater utility's tariff approved by the Commission, the public wastewater utility shall notify the customer or prospective customer promptly of the reason for refusal. The notification shall include an explanation of the Commission's dispute resolution process found in Rule 1220-01-03. A copy of such notification or other documentation shall be sent within five (5) business days to the local county health department and the Commission. If service is disconnected using a water shut-off valve, the utility is not required to notify the county health department.Tenn. Comp. R. & Regs. 1220-04-13-.14
Public necessity rule filed December 29, 2005; effective through June 12, 2006. Original rule filed March 29, 2006; effective June 12, 2006. Administrative changes made to this chapter on April 27, 2018 pursuant to Public Chapter 94 of 2017; "Tennessee Regulatory Authority" references were changed to "Tennessee Public Utility Commission," "Authority" references were changed to "Commission," "Authority Director" references were changed to "Commissioner," and "Chief" references were changed to "Director." Amendments filed September 5, 2018; effective 12/4/2018.Authority: T.C.A. §§ 65-2-102 and 65-4-104.