justicedao/ipfs_state_laws huggingface dataset:
860-037-0020 Designation of Third Party to Receive Notices A wastewater utility shall offer its customer or applicant the option to designate a third party to receive bills and notices set forth in these rules. When a wastewater utility receives such designation, it shall send bills and notices required under these rules to the customer’s representative, with duplicate copies of disconnect notices also served on the customer. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0030 Applications for Water/Wastewater Utility Service (1) An application for water/wastewater utility service must be made when: (a) Service is requested by an applicant who has not previously been served by the water/wastewater utility; (b) Service has been involuntarily discontinued in accordance with these rules and the customer or applicant later seeks to have service restored; or (c) Service has been voluntarily discontinued and a request to restore service has not been made within 20 days. (2) An application is a request for water/wastewater utility service. The water/wastewater utility shall not accept an application for service until the applicant establishes credit as set forth in OAR 860-037-0035. However, the water/wastewater utility may refuse a service application under OAR 860-037-0075. (3) A water/wastewater utility may require an applicant to provide the following information when applying for service: (a) The name of person(s) responsible for payment on the account; (b) The name to be used to identify the account, if different than the actual name; (c) The birth date of person(s) responsible for payment on the account; (d) The social security number of person(s) responsible for payment on the account; (e) A current valid Oregon driver license number of the person(s) responsible for payment on the account; (f) The service address; (g) The billing address, if different than service address; and (h) Any available telephone numbers where the applicant can be reached night and day. (4) In lieu of providing a valid social security number or current valid Oregon driver license number under section (3) of this rule, an applicant may provide: (a) A valid state or federal identification containing name and photograph of the person(s) responsible for payment on the account; (b) A combination of: (A) An original or certified true copy of his or her birth certificate; (B) A current identification from school or employer containing a photograph; and (C) The name, address, and telephone number of a person who can verify the applicant's identity, such as a teacher, employer, or caseworker; or (c) Other information deemed sufficient by the utility to establish an applicant’s identification. (5) If an applicant is denied service for failure to provide an acceptable form of identification, the applicant may pursue conflict resolution under the Commission’s rules. (6) Upon request, the water/wastewater utility shall protect the account from access by others through the use of a personalized password or other means acceptable to both the water/wastewater utility and the customer. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 16-2004, f. & cert. ef. 12-1-04 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 16-2003, f. & cert. ef. 10-1-03 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0040 Deposit Payment Arrangements for Residential Wastewater Service (1) When a wastewater utility requires a deposit, the customer or applicant may pay the deposit in full or in three installments. Installments shall be one-third of the deposit. The first installment is due immediately; the remaining installments are due 30 days and 60 days after the first installment payment. (2) When a deposit installment payment or a deposit is made with a payment for wastewater utility service, the amount paid shall first be applied toward payment of the amount due for deposit. (3) A customer who is required to pay an additional deposit shall pay one-third of the total deposit within five days. The remainder of the deposit is due under the terms of section (1) of this rule. If the customer has an existing deposit installment agreement, the remaining installment payments will be adjusted to include the additional deposit; however, two installment payments cannot be required within the same 30-day period. (4) When a customer enters into an installment agreement for payment of a deposit under section (1) of this rule, the wastewater utility shall provide written notice explaining the deposit requirements. The notice shall specify the date each installment payment shall be due and shall include a statement printed in bold-face type informing the person that wastewater service will be terminated through disconnecting water service if payment is not received when due. (5) If a customer or applicant fails to abide by the terms of a deposit installment agreement, the wastewater utility may disconnect water service after providing a five-business-day written notice. The notice shall comply with the requirements of OAR 860-037-0245. (6) When good cause exists, the wastewater utility may provide, or the Commission may require, more liberal arrangements for payment of deposits than those set forth in this rule. The wastewater utility shall keep a written record of the reasons for such action. (7) If termination of wastewater service for nonpayment of a deposit occurs, the customer or applicant disconnected shall pay the full amount of the outstanding deposit, any applicable reconnection fee, late-payment fee, and past due amount before service is restored. A customer may continue with an existing time-payment agreement by paying all past-due installments. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0045 Interest on Deposits for Residential and Nonresidential Service (1) Each year, the Commission shall establish an annual interest rate that must be paid on customer deposits. The Commission will base the rate upon consideration of the effective interest rate for new issues of one-year Treasury Bills issued during the last week of October, the interest rate on the most recent issuance of one-year Treasury Bills, or the effective interest rate for the average yield of Treasury Bills of the closest term issued during the last week of October. This interest rate, rounded to the nearest one-half of one percent, shall apply to deposits held during January 1 through December 31 of the subsequent year. The Commission will advise water/wastewater utilities of the changes in the rate to be paid on customer deposits held as needed. (2) Upon payment of a deposit, the water/wastewater utility shall provide the customer documentation showing the date, name of the customer or applicant, the service address, the amount of deposit, a statement that the deposit will accrue interest at the rate prescribed by the Commission, and an explanation of the conditions under which the deposit will be refunded. (3) If the deposit is held beyond one year, accrued interest will be paid by a credit to the customer’s account. If held less than one year, interest will be prorated. A water/wastewater utility shall keep a detailed record of each deposit received until the deposit is credited or refunded. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 16-2004, f. & cert. ef. 12-1-04 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 16-2003, f. & cert. ef. 10-1-03 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0050 Refund of Wastewater Utility Deposits (1) A wastewater utility shall promptly refund a customer’s deposit with accrued interest when service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account. (2) A wastewater utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit is considered established or reestablished one year after a deposit is made if: (a) The account is current; (b) Not more than two five-business-day disconnect notices were issued to the customer during the previous 12 months; and (c) The customer was not disconnected for nonpayment during the previous 12 months. (3) After satisfactory credit has been established or reestablished, the deposit plus any accrued interest must be promptly refunded or credited to the customer's account. (4) When the customer moves to a new address within the wastewater utility’s service area, the deposit and accrued interest will be transferred to the new account. (5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided the wastewater utility’s procedures are nondiscriminatory. (6) Unless otherwise specified by the customer, a wastewater utility shall mail deposit refunds to the customer’s last known address. The wastewater utility will honor valid claims for payment of refunds if received within one year of the date service is terminated. Funds held beyond one year after the date service is terminated will be disposed of in accordance with ORS 98.316. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 98.316, 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0055 Installation of Wastewater Service Connection (1) A wastewater utility shall furnish and install that portion of the sewer pipe from the sewer main to the customer's property boundary line oreasement, public road, or street, under which such main is located. Such installation shall be designated as the "wastewater service connection." The wastewater utility shall own, operate, maintain, and repair or replace the wastewater service connection when necessary. (2) A wastewater utility may require the customer to pay a reasonable wastewater service connection charge to offset its expenses listed in section (1) of this rule. (3) The customer shall furnish, install, maintain, repair, and replace that portion of the sewer pipe from the end of the wastewater service connection to the premises served. Such installation shall be designated as the "customer service line." (4) The utility shall not connect the customer service line until it is satisfied that the customer’s plumbing is adequate. (5) All construction and installation of the wastewater service connection and sewer pipes must comply with all applicable statutes, rules, regulations, codes, and industry standards. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0060 Installation of Main Line Extension (1) A wastewater utility shall develop a Commission-approved uniform policy governing the amount of main line extension and applicable fee charged to the customer or applicant to receive service. This policy shall be related to the investment that can prudently be made for the probable revenue. (2) Customers may be required to pay a reasonable, cost-based charge for any necessary main line extension to provide a service connection in accordance with the wastewater utility main line extension policy. Such policy and charges must be filed as tariffs with the Commission. (3) Each wastewater utility shall establish a main line extension policy that includes the following: (a) Schedule of cost-based charges; (b) Advance and refund provisions that equitably collect and rebate main line extension charges to customers who contributed to the payment of the cost of the main line extension; and (c) The time period when advance and rebate provisions are in effect. (4) All main line extension policies shall be applied uniformly among the wastewater utility customers and must be on file with the Commission, and made available to the public. (5) All construction and installation of main lines and extensions shall comply with all applicable rules, regulations, codes, and industry standards. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0065 Design, Construction, and Operation (1) The wastewater utility owner is responsible and liable for meeting the requirements for all applicable laws, rules, and codes and for the wastewater (sewage) that passes through the collection, treatment, and disposal plants. (2) The wastewater utility owner is responsible for obtaining and maintaining all permits, licenses, approvals, design, equipment and materials selection, installation, testing, operation, and maintenance of the complete wastewater system. (3) Each wastewater utility shall maintain and operate wastewater treatment facilities of adequate size and properly equipped to collect, transport, and treat wastewater, and discharge the effluent at the degree of purity required by the health laws of the DEQ, and all federal, state, and local regulatory agencies and authorities having jurisdiction over such matters. (4) All materials used in construction of a wastewater system must be structurally sound, durable, and capable of withstanding normal stresses incidental to installation and operation, and will meet or exceed the industry established standards, codes, and requirements of entities having such authority. (5) Wastewater treatment facilities shall be constructed, installed, maintained, and operated in accordance with accepted engineering practice to assure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property. (6) While prudently managing costs, the design and construction of the wastewater utility’s collecting main lines, treatment plant and facilities, and all additions thereto and modifications thereof, shall meet or exceed the requirements of all regulatory authorities, construction codes, and industry standards. (7) The capacity of the treatment facilities for the collection, treatment, and disposal of wastewater and wastewater effluent must be sufficiently sized to meet all normal demands for service and provide reasonable reserve for emergencies. (8) Each wastewater utility shall adopt procedures for inspection of its plant and facilities to assure safe and adequate operation and shall make inspections of its plant on a regular basis. The procedures shall be filed with the Commission. The wastewater utility shall maintain a record of inspections, findings, and corrective action required and/or taken, by location and date. (9) All components of the wastewater system must be operated and maintained so as not to create a public health hazard or cause water pollution, and without interruption, sewage spills, sewage backup, or other unhealthful conditions. (a) The owner must establish operating procedures and maintain appropriate qualified staff and adequate inventory of necessary spare parts such as pumps, piping, electrical controls, and valves. (b) A failing system must be immediately repaired. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0067 Wastewater Disposal (1) The wastewater utility must ensure proper handling and treatment of all wastewater, sewage, effluent, solids, and biosolids (generated or pumped). (2) The wastewater utility must ensure proper transport of all wastewater, sewage, effluent, solids, and biosolids (generated or pumped). Such transportation must prevent leaking or spilling of sewage onto the highways, streets, roads, waterways, or other land surfaces not approved for application or disposal. (3) The utility must immediately clean up any ground surface sewage spills and disinfect any and all spill areas, unless exempted by federal or state law or state agency administrative rules. (4) The wastewater utility owner is responsible for obtaining and maintaining all licenses, permits, wastewater treatment facilities, permitted pits, ponds or lagoons; or solid land application sites. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04
860-037-0070 Interruption of Service (1) A wastewater utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the date, time, duration, and cause of interruption, remedy, and steps taken to prevent reoccurrence. (2) A wastewater utility shall make all reasonable efforts to prevent interruptions of service. When such interruptions occur, the wastewater utility shall endeavor to reestablish service with the shortest possible delay consistent with the safety of its customers and the general public. (3) Each wastewater utility shall make all reasonable efforts to notify every customer affected in advance of any scheduled work that will interrupt service, but such notice shall not be required in case of interruption due to emergency repairs or for repairs or maintenance work that results in an interruption of less than five minutes. All scheduled interruptions shall be made at a time causing minimum inconvenience to customers. In determining reasonable notice, the wastewater utility shall consider the length of the planned interruption, the type and number of customers affected, the potential impact of the interruption on customers, and other surrounding circumstances. Notice may be given in writing, either via US mail or a door hanger on the affected premises, or by contact with the customer or an adult at the residence by personal visit or by telephone. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 16-2004, f. & cert. ef. 12-1-04 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 16-2003, f. & cert. ef. 10-1-03 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0080 Restrictions on Entering a Customer Residence No wastewater utility employee shall enter the residence of a customer without proper authorization except in an emergency endangering life or property. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0095 Annual Fees Payable to the Commission by a Wastewater Utility (1) On statement forms prescribed by the Commission, each wastewater utility must provide the requested information for the subject year. (2) Each wastewater utility must pay to the Commission an annual fee on gross operating revenues derived within Oregon at a rate determined by Commission orders entered on or after March 1 of each year. (a) A minimum annual fee of $10. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based. The annual fee rate will not exceed the rate authorized in ORS 756.310 of the Oregon revenue during the prior calendar year. (b) A late statement fee in accordance with OAR 860-001-0050, if the Commission has not received the utility's statement form, completed in compliance with section (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day following the due date. (c) A penalty fee for failure to pay the full amount when due, as required under ORS 756.350. (d) A service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds. (e) All costs incurred by the Commission to collect a past-due annual fee from the utility. (3) The annual fee payment must be received by the Commission no later than 5 p.m. Pacific Time on the due date. A payment may be by cash, money order, bank draft, sight draft, cashier's check, certified, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn. (4) For any year in which a wastewater utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable: (a) The Commission's audit must begin no later than three (3) years after the statement form's due date. (b) If the Commission determines that the utility has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty fee for failure to pay under ORS 756.350. (c) If the Commission determines that the utility has overpaid its annual fee, the Commission may, at its discretion, recompense the utility with a refund or a credit against annual fees subsequently due. Statutory/Other Authority: ORS 183, 756 Statutes/Other Implemented: ORS 756.310, 756.320, 756.350 History: PUC 6-2019, amend filed 09/25/2019, effective 09/25/2019 PUC 7-2015, f. & cert. ef. 9-8-15 PUC 18-2004, f. & cert. ef. 12-30-04 PUC 16-2004, f. & cert. ef. 12-1-04 PUC 20-2003, f. & cert. ef. 11-14-03 PUC 15-2003, f. & cert. ef. 7-24-03 PUC 14-2000, f. & cert. ef. 8-23-00
860-037-0097 Estimated Annual Fees Payable to the Commission by a Wastewater Utility (1) For any year in which a wastewater utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must: (a) Include a penalty fee for failure to pay as required by ORS 756.350; (b) Include a late statement fee in accordance with OAR 860-011-0080; and (c) Be made no later than three (3) years after the statement form’s due date. (2) The Commission will provide written notice of the proposed annual fee to the wastewater utility. (3) Within 30 days after service of the notice of proposed annual fee, the wastewater utility may file a petition with the Commission for a hearing. In its petition, the utility must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings. (4) If the wastewater utility has not filed a petition by the end of the 30-day period, the proposed annual fee is due and payable. (5) During the 30-day period allowed for filing a petition, the wastewater utility may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year’s statement form and payment. Statutory/Other Authority: ORS 183, 192, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 16-2004, f. & cert. ef. 12-1-04 PUC 20-2003, f. & cert. ef. 11-14-03 PUC 15-2003, f. & cert. ef. 7-24-03