justicedao/ipfs_state_laws huggingface dataset:
860-036-1510 Required Notices for Involuntary Disconnection (1) Except as provided in sections (4) and (5) of this rule, the water utility must provide the customer with two written notices in advance of disconnection: a 15-calendar day disconnection notice and a 7-calendar day disconnection notice. (2) The 15-calendar day and 7-calendar day disconnection notices under this rule must be printed in bold face type and use plain, simple language. The notices must: (a) Provide the information required by OAR 860-036-1100(2); (b) State that the customer’s water service is subject to disconnection on or after a specific date; (c) Provide the grounds for the proposed disconnection; (d) State what action the customer must take to avoid disconnection; and (e) State that the customer may dispute the disconnection by contacting the Consumer Services Section at the contact information provided in OAR 860-001-0020(2). (3) If the disconnection notice is for nonpayment, the notice must also: (a) State the amount the customer must pay to avoid disconnection; (b) Provide information about the customer’s eligibility for a time-payment agreement provided in OAR 860-036-1420 for residential customers, unless the customer is being disconnected for failing to comply with an existing time-payment agreement or has engaged in theft of service, tampering with utility property, diverting water, or unauthorized use of water; and (c) State that once service is disconnected, the water utility will reconnect service only after the customer reapplies for service and pays all applicable charges. (4) Only one written 7-calendar day disconnection notice is required if the customer: (a) Fails to timely pay a deposit under OAR 860-036-1220(3) or secure a surety agreement under OAR 860-036-1230, or to abide by a deposit installment agreement under OAR 860-036-1240; (b) Fails to abide by terms of a payment arrangement under OAR 860-036-1270(4) or 860 036-1420; or (c) Engaged in theft of service, tampering with utility property, diverting water, or unauthorized use of water under OAR 860-036-1590. (5) A water utility may disconnect a customer without issuing either a 15-calendar day or 7 calendar day disconnection notice if the customer has been informed of but fails to comply with a water use restriction imposed under OAR 860-036-1670. (6) All disconnection notices under this rule must comply with OAR 860-036-1550 relating to the disconnection of service to tenants, and OAR 860-036-1120 relating to the designated representatives. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1520 Delivery of Notices for Involuntary Disconnection (1) The 7-calendar day and 15-calendar day advance written notices of disconnection must be hand-delivered in person to the customer or adult at the premises, or sent by the US Mail to the customer’s billing address and designated representative. Mailed notices are considered served two calendar days after deposited in the US Mail, excluding Sundays and postal holidays. (2) In addition to the notice required by section (1) of this rule, the water utility must provide an electronic notice to customers who requested to receive notices electronically. (3) The water utility may not send disconnection notices for non-payment before the date payment is due. (4) The water utility must keep a record of how disconnection notices were served to the customer. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1530 Water Utility Requirements on the Day of Involuntary Disconnection (1) Within 48 hours prior to disconnecting service, the water utility must make a good-faith effort to contact the customer or an adult at the residence and provide notice of the proposed disconnection. (2) The notice may be provided in person or by telephone. The water utility must keep records to document how and when contact was made or attempted. (3) When personal contact has been made under section (1) of this rule, and the circumstances are such that a reasonable person would conclude that the customer or the adult at the residence does not understand the possible consequences of disconnection, the water utility must: (a) Immediately notify the Consumer Services Section; and (b) Delay the proposed disconnection date for an additional seven calendar days. (4) If the water utility is unable to make personal contact under section (1) of this rule, the water utility must leave a notice in a conspicuous place informing the customer that service has been disconnected. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.061 & 757.225 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1540 Disconnection of Service on Weekends and Holidays A water utility may not disconnect service for non-payment on a non-business day, or the day immediately preceding a non-business day, of either the utility or the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1550 Disconnection of Water Service to Tenants (1) If a water utility's records show that a residential billing address is different from the service address, the water utility must mail a duplicate notice to the service address, unless the utility has verified that the service address is occupied by the customer. (2) If a water utility's records show that the service location is a master-metered, multi-dwelling service address, the water utility must provide a duplicate of the 7-calendar day disconnection notice to each unit at the service address. The disconnection notice must be addressed to "Tenant." The envelope must bear a bold notice stating, "IMPORTANT NOTICE REGARDING DISCONNECTION OF WATER UTILITY SERVICE." Tenant notices may not include the dollar amount owing. (3) The water utility must notify the Consumer Services Section at least seven calendar days before disconnecting service to a master-metered, multi-dwelling premise. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1560 Voluntary Disconnection A customer requesting disconnection of service must provide the water utility with at least seven calendar days’ advance notice. (1) The customer is responsible for all service provided for seven calendar days following the request for disconnection or until service is disconnected, whichever comes first; or (2) If the customer identified a specific date for disconnection in excess of seven calendar days, the customer is responsible for service rendered up to and including the requested date of disconnection. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1570 Reconnection of Residential Water Service (1) The water utility must reconnect service as soon as reasonably possible within the normal course of business after the applicant has: (a) Paid all applicable charges; (b) Applied for service; (c) Requested reconnection; and (d) Satisfied all requirements for service. (2) The water utility must provide a means by which an applicant or customer may contact the water utility during normal business hours to request a service reconnection. Normal business hours are defined as 8:00 a.m. to 5:00 p.m., Monday through Friday, regardless of the water utility's business hours. (3) The water utility must offer reconnections during normal business hours and after hours. The water utility must specify reconnection times and associated charges and post the information in the water utility’s office. (4) The water utility may charge for reconnections during normal business hours and after hours if the charges are stated in its tariffs or statement of rates. Statutory/Other Authority: ORS Ch. 183 & 756 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1580 Disconnection, Reconnection, and Field Visit Charges If authorized by the water utility's tariffs or statement of rates, a water utility may assess and require payment of one or both of the following as applicable prior to reconnecting service: (1) A reasonable disconnection and reconnection charge if the water service was involuntarily disconnected, or (2) A reasonable field visit charge if the water utility visits a service address intending to disconnect or reconnect service, but due to customer action, the utility is unable to disconnect or reconnect service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.225 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1590 Tampering with Water Utility Facilities, Theft, or Unauthorized Use of Water (1) Customers are prohibited from tampering with the water utility’s property and facilities or stealing, diverting, or engaging in unauthorized use of water. (2) If a water utility discovers that a customer has tampered with water utility property or facilities, or has engaged in theft or unauthorized use of water, the water utility must notify the customer of the violations and may take one or more of the following actions: (a) Repair or restore the facilities and charge the customer the costs incurred; (b) Adjust the customer's prior billing for loss of revenue under the applicable tariffs or schedule of rates; (c) Initiate action to disconnect service. As provided by OAR 860-036-1510, the water utility need only provide a written 7-calendar day disconnection notice prior to service disconnection; (d) Require a new application for service that accurately reflects the customer's proposed water use; and (e) Assess a deposit for restored or continued service. (3) In addition to actions taken by the water utility, the Commission may assess civil penalties under ORS 757.994 against customers who violate section (1) of this rule. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.994 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1600 Adequacy of Water Service (1) A water utility must maintain its facilities according to industry rules, regulations, and standards and in such condition to provide safe, adequate, and continuous service to its customers. This includes, but is not limited to: (a) Maintaining a current knowledge of the condition and adequacy of its facilities; (b) Regularly inspecting and testing equipment and plant; (c) Regularly exercising valves and hydrants; (d) Maintaining regular system flushings; (e) Making timely repairs; (f) Replacing parts and equipment as necessary; (g) Making necessary improvements to the water system; (h) Reasonably restoring areas disturbed by construction, repairs, or improvements; and (i) Preparing work and maintenance records, and retaining those records consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx. (2) A water utility is prohibited from intentionally diminishing the quality of service below the level that can reasonably be provided by its facilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.020 & 757.250 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1610 Quality of Water Supply for Domestic Purposes A water utility must provide a domestic water supply that is free from bodily injurious physical elements and disease-producing bacteria and reasonably free from elements that cause physical damage to customer property, including but not limited to pipes, valves, appliances, and personal property. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1620 Water Utility Responsibilities Regarding Service Complaints (1) The water utility must prepare and retain a log of all service complaints consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx. (2) When the water utility receives a complaint regarding a service problem, the water utility must immediately inform all customers materially affected. The information must include: (a) The source or suspected source of the service problem; (b) The expected date, time, and duration of the repair or action by the water utility; and (c) Any effects the repairs or water utility action may have on the customer's service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1630 Unscheduled Interruptions of Service (1) A water utility may perform an unscheduled interruption of service as necessary to protect the health and safety of its customers or to maintain the integrity of its system. (2) If an unscheduled interruption of service is required, the water utility must: (a) Make a reasonable effort to notify the customers affected and the Consumer Services Section in advance of the interruption; (b) Report the unscheduled interruption to the Consumer Services Section at the contact information provided in OAR 860-001-0020(2), and (c) Restore service as soon as it is reasonably possible after resolving the issue, unless other arrangements are agreed to by the affected customers. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1640 Scheduled Interruptions of Service (1) A water utility may schedule water service interruptions for maintenance and repairs. A water utility must schedule service interruptions to reasonably minimize customer inconvenience. (2) A water utility must provide advance written notice to all customers affected by any scheduled service interruption. In addition, the notice must be posted in the utility's office and on its website, if available. The notice must include: (a) The information required by OAR 860-036-1100(2); (b) The date, time, and estimated duration of the scheduled interruption; (c) The purpose of the interruption; (d) A statement cautioning customers to avoid using water during service interruptions to prevent debris in the customers' service lines; and (e) The contact information for the Consumer Services Section provided in OAR 860 001-0020(2). (3) Notices of scheduled interruptions of service must be served by: (a) A door hanger or personal delivery to an adult at the affected premises at least five calendar days in advance of the service interruption; or (b) US Mail at least ten calendar days prior to the service interruption. (4) In addition to the notice requirements in section (3), the water utility must provide an electronic notice to customers who requested to receive notices electronically. (5) A water utility must keep a record of all scheduled service interruptions. The record must include the time, duration, and cause of the planned service interruption. The record must be retained consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.125 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1650 Adequate Water Pressure Required (1) A water utility must maintain adequate water pressure. In general, water pressure measuring between 45 and 80 pounds per square inch in the water mains is adequate for the purpose of this rule. However, adequate pressure may vary depending on each individual water system. (2) A water utility may temporarily reduce or increase water pressure for fire flows, noticed repairs and maintenance, scheduled or emergency flushings, and unscheduled or emergency repairs and outages. (3) Each water utility must maintain permanent pressure recording gauges at various locations to measure the system's water pressure. A water utility must have a portable gauge to measure water pressure in any part of the system. The water utility must maintain all pressure gauges in good operating condition, test periodically for accuracy, and recalibrate or replace when necessary. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 757.020 & 757.250 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1660 Customer Requested Pressure Test (1) A customer may request the water utility to perform a water pressure test. The first test in a 12-month period is free of charge and must be completed within seven calendar days. If the customer requests an additional pressure test within the 12-month period at the same premises, the water utility may assess the customer a reasonable charge, unless the pressure is not adequate. (2) A customer or a designated representative has the right to be present at the pressure test. The test must be conducted at a mutually acceptable time. (3) The pressure must be measured at a point adjacent to the meter on the customer service line or other reasonable point most likely to reflect the actual service pressure. (4) The water utility must provide a written report to the customer within seven calendar days of the pressure test. The report must include: (a) The information required by OAR 860-036-1100(2); (b) The customer's name and service address where the pressure was tested; (c) The date the pressure test was requested and the date the pressure test was performed; (d) The name of the company or employee performing the test; (e) The place where the pressure was measured; (f) The actual pressure reading; and (g) The conclusion based on the test result. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.020 & 757.250 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1670 Water Use Restrictions (1) In times of water shortages, a water utility may restrict water usage after providing written notice to its customers and the Consumer Services Section. In addition, the notice must be posted in the water utility's office and on its website, if available. The notification must state the reason and nature of the restrictions, the date restrictions will become effective, the estimated date the restrictions end, and that failure to comply with the restrictions is grounds for disconnection. (2) The Commission may investigate the water utility's water restriction plan and change it as the Commission deems necessary. (3) During times of water shortage, the water utility must equitably apportion its available water supply among its customers with regard to public health and safety. (4) If a customer fails to comply with the water restrictions after receiving written notification, the water utility must provide a separate written warning letter to the customer including: (a) The date; (b) The information required by OAR 860-036-1100(2); (c) The customer’s name, account number, mailing address, service address if different; (d) The water use restrictions and statement of how the customer is violating those restrictions; (e) A statement that the customer’s water service is subject to disconnection on or after a specific date; (f) A warning to the customer that failure to immediately comply with the restrictions may result in disconnection of service; and (g) A statement that the customer may dispute disconnection by contacting the Consumer Services Section. The notice must include the Consumer Services Section’s contact information provided in OAR 860-001-0020(2); (5) If a customer fails to comply with the water restrictions after receiving written notification and the warning letter under section (4) of this rule, the water utility must consult with the Consumer Services Section, at the contact information provided in OAR 860-001-0020(2), to determine if disconnection is appropriate. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1680 Cross Connection Control (1) All customers must comply with the water utility’s Cross Connection Control Program to protect the water system from contamination. A customer's failure to comply is grounds for disconnection under OAR 860-036-1500. (2) The water utility’s cross connection protection rules will be included, as necessary, in the water utility's tariffs or statement of rates. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1690 Maps and Records (1) A water utility must prepare current maps and records of the entire plant showing size, location, character, and date of installation of major plant items, including but not limited to pumps, reservoirs, main lines, distribution lines, and valves. The water utility must retain the maps and records consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx. (2) Upon Commission request, a water utility must file the water system maps in a format satisfactory to the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1700 Appointment of Regent to Operate and Manage a Water System If the Commission determines that a water utility's ownership or management results in inadequate service, threatens the health or safety of the customers, or threatens the financial viability of the water utility, then the Commission may appoint a regent to operate and manage the water utility. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1710 Expenditure of Charges Collected Under ORS 756.310 to Make Emergency Repairs (1) The Commission may use up to $5,000 per biennium of the charges collected under ORS 756.310 to make emergency repairs for water utilities. The Commission may expend monies under the provisions of this rule if the Commission determines that repairs to the water system are necessary for the health and safety of the customers or the water utility. (2) The Commission will seek recovery of charges used under this rule from the water utility providing service. Interest will not accrue on the outstanding balance. (3) The Commission may also recover penalties as provided in ORS 756.350 from the time the charges are expended. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.068 & 757.310 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1720 Commission-Assessed Civil Penalties for Noncompliance (1) In addition to any other penalty provided by law, the Commission may impose a civil penalty not to exceed $500 per day for each violation of Commission statute, rule, or order as provided in ORS 757.994. (2) The Commission must give notice of proposed civil penalty by registered or certified mail to the water utility. The notice must provide: (a) A concise statement of the alleged violations, including cites to applicable statutes, rules, or orders; (b) The amount of proposed civil penalty; and (c) Notice that the water utility may request a hearing to challenge the proposed penalty. The request for hearing must be in writing and be received by the Commission within 20 calendar days of the date the notice was served. The request must comply with the requirements set forth in OAR 860-001-0140 and 860-001-0170. (3) If the water utility does not request a hearing within the time allowed, or if the water utility requesting a hearing fails to appear at the scheduled hearing, the Commission may issue a final order by default imposing the proposed penalty. Statutory/Other Authority: ORS 757.994 Statutes/Other Implemented: ORS 183.745, 756.040 & 757.068 History: PUC 1-2017, f. & cert. ef. 1-24-17