justicedao/ipfs_state_laws huggingface dataset:
860-037-0101 Wastewater Service Charges In general, wastewater service charges are based upon the volume of water delivered to the customer's property. The water meter serving the premises measures this volume. In cases where a significant volume of the water delivered to the premises is not returned to, or water or wastewater from another source is discharged to the wastewater system the customer may request, or the utility may require, special flow measuring devices to properly measure the volume of wastewater entering the wastewater system. Such special flow measuring devices must be furnished, installed, and maintained by and at the expense of the customer with the approval of the utility. 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
860-037-0105 Bill Forms Every wastewater utility providing service shall indicate clearly on the bill the date of the billing period, the schedule number under which the bill was rendered, and any other information needed to compute the bill. Each bill shall bear on its face the delinquent date of the bill and the wastewater utility telephone number where the utility's personnel may be reached during normal business hours. 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
860-037-0115 Late-Payment Charge (1) Except as provided in section (2) of this rule, a wastewater utility may apply a late-payment charge to customer accounts not paid in full each month, provided the wastewater utility has filed the late-payment charge in its tariffs. (2) The charge will be based on a monthly late-payment rate applied to only overdue account balances at the time of preparing the subsequent month’s bill for residential accounts or by the bill due date for all other accounts. The late-payment charge may not be applied to time-payment or equal-payment accounts that are current. The Commission will determine the late-payment rate based on a survey of prevailing market rates for late-payment charges of commercial enterprises and will advise all wastewater utilities of the changes in the rate they may use to determine late-payment charges on overdue customer accounts as needed. The current late-payment rate and the conditions for its application to customer accounts shall be specified on the utility bill. 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 4-2001, f. & cert. ef. 1-24-01 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
860-037-0120 Adjustment of Bills (1) Except as provided in sections (4) and (5) of this rule, if a wastewater utility determines that a current or former customer of the utility was under-billed or over-billed for a service provided by the wastewater utility under rate schedules or tariffs in effect when the service was provided: (a) The wastewater utility may issue a bill to collect amounts previously under-billed during the 12-month period ending on the date on which the customer or former customer was last under-billed. The wastewater utility may not bill for services provided more than two years before the date the utility discovered the under-billing. (b) The wastewater utility must issue a refund or bill credit for amounts previously over-billed during the 12-month period ending on the date on which the customer or former customer was last over-billed. The wastewater utility is not required to refund amounts which were received more than three years before the date the wastewater utility discovered the over-billing. (c) Notwithstanding subsection (1)(a) of this rule, if the under-billing was the result of fraud, tampering, diversion, theft, misinformation, false identification, or other unlawful conduct on the part of the customer or former customer of the wastewater utility, the wastewater utility may collect full payment for any amount owed without limitation. (2) When a wastewater utility issues a bill to collect under-billed amounts, a current or former customer of a wastewater utility may enter into a time-payment agreement as provided in OAR 860-037-0110. If the wastewater utility customer is already on a time-payment plan, the utility must offer to renegotiate the payment plan to include the under-billing error. If the customer and wastewater utility cannot agree upon payment terms, the Commission will establish terms and conditions to govern the customers’ obligation. This section does not apply if the corrected billing is the result of the conditions listed in subsection (1)(c). (3) When a wastewater utility requires payment for amounts previously under-billed, the utility must provide a written notice that explains: (a) The circumstance and time period of the under-billing; (b) The corrected bill amount and the amount of the necessary adjustment, (c) The Commission’s consumer complaint process; and (d) The right for a current or former customer to enter into a time-payment agreement with the wastewater utility. (4) A billing adjustment is not required if a wastewater meter registers less than a two percent error under conditions of normal operation. (5) The wastewater utility may waive rebilling or issuing a refund check when the costs make such action uneconomical. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.250 History: PUC 7-2014, f. & cert. ef. 11-13-14 PUC 5-2014, f. & cert. ef. 6-26-14 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
860-037-0125 Transfer Billings (1) If a wastewater utility identifies a balance a customer owes the wastewater utility from the customer’s prior account for Oregon service, the wastewater utility shall have the option to transfer the amount to the customer’s current account. The wastewater utility must give the customer prior notice of the transfer, including the amount due under the prior account, the period when the balance was incurred, and the service address under which the bill was incurred; or the wastewater utility may send a separate notice to the customer giving the same information as included in the transfer, but collecting the amount due separately from the customer’s current account. If the bill is identified when a customer changes residences, the provisions of this rule apply. (2) If the customer has an amount remaining on an existing time-payment agreement, the customer may enter into a new time-payment agreement to include the transfer. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.225 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
860-037-0205 Grounds for Terminating Customer Wastewater Service by Disconnecting Water Service A wastewater utility may disconnect water service to a wastewater customer for: (1) Failure to establish credit by: (a) Failing to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement (OAR 860-037-0040); or (b) Providing false identification or verification of identity. (2) When facilities provided are unsafe or do not comply with federal, state, and municipal codes governing service or the wastewater utility’s rules and regulations. (3) When the customer does not cooperate in providing reasonable access for necessary inspections, operations, or maintenance. Necessary in this context means required by law or to determine if a health or safety hazard exists. (4) When a customer requests the wastewater utility to disconnect water service or close an account (OAR 860-037-0210) or when a co-customer fails to reapply for service within 20 days after a joint account is closed by the other co-customer, so long as the wastewater utility has provided a notice of pending disconnection. (5) When dangerous or emergency conditions exist at the service premises (OAR 860-037-0215). (6) For failure to pay Oregon tariffed wastewater rates due for services rendered. (7) For diverting service, or other theft of service. (8) When the Commission approves the disconnection of water service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.035, 757.061, 757.225 & 757.760 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
860-037-0210 Voluntary Water Disconnection for Wastewater Service A customer who wishes to have service discontinued, shall provide the wastewater utility with a five-business-day notice in advance of the requested date of discontinuance of service. Until the wastewater utility receives such notice, the customer is responsible for all service rendered. 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
860-037-0215 Emergency Water Disconnection for Wastewater Service A wastewater utility may terminate water service in emergencies endangering life or property without following the procedures set forth in OAR 860-037-0245. However, the wastewater utility shall immediately thereafter notify the customer and the Commission. In such cases, when the necessity for emergency termination was through no fault of the customer, the wastewater utility will not make a charge to restore service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.035 & 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
860-037-0220 Disconnection of Water Service on Weekends and Holidays Water service shall not be disconnected for non-emergencies on a weekend or a state or wastewater utility-recognized holiday. Water service shall not be disconnected for non-emergencies on a Friday or the day before a state or wastewater utility-recognized holiday unless mutually agreed upon by the customer, the wastewater utility, and the Commission’s Consumer Services Section. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.760 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
860-037-0225 Accounts Not Related to Residential Service A wastewater utility may not deny or disconnect residential water service due to the failure to pay for nonresidential wastewater service, or to meet obligations in connection with nonresidential wastewater service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.760 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
860-037-0230 Disconnection of Wastewater Service to Tenants (1) If a wastewater utility’s records show that a residential billing address is different from the service address, the wastewater utility must provide a duplicate of the five-business-day water disconnect notice required under OAR 860-037-0020 to the occupants of the service address in the manner described in 860-037-0245 unless the wastewater utility has reason to believe that the service address is occupied by the customer. This requirement is satisfied by serving a notice addressed to "Tenants," as required in 860-037-0245 for wastewater service. The notice to occupants need not include the dollar amount owing. (2) When a wastewater utility’s records show that a residence is a master-metered, multi-unit dwelling (including rooming houses), the wastewater utility must notify the Commission’s Consumer Services Section at least five business days before disconnecting the water service for wastewater service obligations. The wastewater utility will use reasonable efforts to notify occupants of the impending disconnection and alternatives available to them. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.760 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
860-037-0235 Multilingual Disconnection Notice (1) Except as provided in section (2) of this rule, all disconnect notices shall contain the following information translated into Spanish, Vietnamese, Cambodian, Laotian, and Russian (translations are available from the Consumer Services Section): IMPORTANT NOTICE: Your water service will be shut off because of an unpaid balance on your wastewater account. You must act immediately to avoid shut-off. Important information about how you can avoid shut-off is printed in English in the enclosed notice. If you cannot understand English, please find someone to translate the notice. If translation assistance is unavailable, please contact (name) at (phone number) who will try to help you. Information on customer's rights and responsibilities printed in this language is also available by calling that number. YOU MUST ACT NOW TO AVOID SHUT-OFF. (2) The Commission may grant a waiver of the multilingual notice requirement under OAR 860-037-0001(1), for a period not to exceed two calendar years, if the water utility shows that (a) for a water utility with less than 50,000 customers, less than 5 percent of its Oregon customers would benefit from such notice, or (b) for a water utility with 50,000 or more customers, less than 500 of its Oregon customers would benefit from such notice. The water utility may request a waiver of the multilingual notice every two years. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 6-2011, f. & cert. ef. 9-14-11 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
860-037-0240 Reconnection Fee When a wastewater service is disconnected for wastewater service, pursuant to OAR 860-037-0245, the wastewater utility may charge the reconnection fee in its tariff. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.225 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
860-037-0307 Wastewater Utility Compliance Enforcement by Commission Appointment of Regent to Operate and Manage a Wastewater System (1) In extreme circumstances where a wastewater utility owner, operator, or representative demonstrates to the Commission's satisfaction an unwillingness, incapacity, or refusal to effectively operate and manage the wastewater system to provide safe and adequate service to its customers in compliance with Oregon statutes, rules, and standards, the Commission, after consultation with affected customers, may appoint a regent to operate and manage the wastewater system. The appointment shall be accomplished under an Interim Operating Agreement until a long-term option for the provision of wastewater is available to the customers. (2) The regent appointed to operate, maintain, and repair the system must be, or employ, a qualified wastewater operator or be a qualified wastewater utility. (3) The appointment of the regent may also include responsibility for billing and collection, customer service, and administration of the system. (4) The regent shall record all transactions in a general ledger and supply a copy of the ledger and bank statements to the Commission. (5) At the end of the Interim Operating Agreement, the Commission shall approve a final accounting of all monies and disbursement of surplus funds. 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
860-037-0308 Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs (1) The Commission may use up to $5,000 per biennium of the fees collected under ORS 756.310 to make emergency repairs for privately-owned wastewater utilities that provide service within the boundaries of a city. The Commission may expend monies under the provisions of this rule if the Commission determines that: (a) Customers of a wastewater utility are without service and are likely to remain without service for an unreasonable period of time; (b) The wastewater utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and (c) Restoration of the service is necessary for the health and safety of the customers of the utility. (2) The Commission shall promptly attempt to recover fees used under this rule from the utility providing water service. No interest shall accrue on the outstanding balance. (3) The Commission may also recover penalties as provided in ORS 756.350 from the time the fees are expended. Statutory/Other Authority: ORS 183, 756, 757 & Ch. 202 & OL 2003 Statutes/Other Implemented: ORS 757.061 & Ch. 202 & OL 2003 History: PUC 7-2004, f. & cert. ef. 4-9-04 PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04
860-037-0309 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 for each violation of state statutes, Oregon administrative rules, or Commission orders related to wastewater utilities. (2) Prior to assessing civil penalties, the Commission may send a warning letter to the wastewater utility by registered or certified mail. The warning letter must include, but not be limited to, the following: (a) A statement that the wastewater utility is in violation of state statutes, Oregon administrative rules, or Commission orders; (b) The time allowed for correcting the violation(s); and (c) A statement that, if the violations are not corrected within the time allowed, staff may make a recommendation to the Commission to assess civil penalties. (3) The Commission must give notice of civil penalties by registered or certified mail to the wastewater utility incurring the penalties. The notice must include, but is not limited to the following: (a) The section of the statute, rule, or order violated; (b) A concise statement of the violation(s) asserted or charged; (c) A statement of the amount of civil penalties that may be assessed; (d) A statement of the wastewater utility’s right to request a hearing within 20 calendar days of the date of service of the notice; and (e) A statement of the authority and jurisdiction under which the hearing is to be held. (4) Within 20 calendar days of the date of service of the notice, the wastewater utility incurring the penalties may request a hearing. Such request must be in writing and shall state what actions, if any, have been made to correct the violation(s) stated in the notice. If the wastewater utility does not request a hearing within the time allowed, or if the wastewater utility requesting a hearing fails to appear, the Commission may issue a final order imposing the penalty. (5) The Commission may require that penalties imposed under this rule be used for the benefit of the customers of wastewater utilities affected by the violation(s). Statutory/Other Authority: ORS 183, 756 & Ch. 202 & OL 2003 Statutes/Other Implemented: ORS 183.090, 756.040 & Ch. 202 & OL 2003 History: PUC 7-2004, f. & cert. ef. 4-9-04 PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04
860-037-0310 Maps and Records (1) A wastewater utility shall keep on file current maps and records of the entire system showing size, location, and date of installation of the collection system and wastewater plant. (2) Upon request, a wastewater utility shall file with the Commission an adequate description or maps to define the wastewater territory serviced. All maps and records that the Commission may require the wastewater utility to file shall be in a form satisfactory to the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.020 & 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
860-037-0320 Location of Underground Facilities A wastewater utility and its customers shall comply with requirements of OAR chapter 952 regarding the prevention of damage to underground facilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.542 - 757.562 History: PUC 23-2001, f. & cert. ef. 10-11-01 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
860-037-0325 Construction, Safety, and Reporting Standards for Wastewater Utilities If a wastewater utility engages in the management, operation, ownership, or control of gas pipelines or communication, signal, or electrical supply lines within Oregon, the wastewater utility shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.020, 757.035 & 757.039 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-037-0330 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.270 - 757.290 & 759.650 - 757.675 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-037-0405 Relating to New Wastewater Utilities This rule applies to newly constructed investor-owned wastewater utilities that have not previously offered wastewater service to the public during the past 12 months. A new wastewater utility shall initially and immediately file tariffs with the Commission to establish approved rates and charges. All subsequent rate increases will comply with the requirements of OAR 860-037-0410 through 860-037-0445. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061, 757.205 & 758.300 - 758.320 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
860-037-0407 Request for Rate Regulation of an Association within the Boundaries of a City (1) Association members may submit a petition to the Commission at any time for full rate regulation of a wastewater utility owned or operated by an association located within the boundaries of a city. Petitioners must be current customers of the wastewater utility. (2) Petitions must be in writing, state the purpose of the petition, and include the customer’s name, address, telephone number, and signature. (3) Individual members may submit letters in lieu of a petition. (4) If 20 percent of association members petition the Commission, the Commission shall issue an order notifying the association of its change in regulatory status to a rate-regulated utility. (5) The association must file tariffs pursuant to ORS 757.205 within 60 days after receiving notification from the Commission of its change in regulatory status. (6) If the association fails to file appropriate tariffs within 60 days, the Commission may initiate a tariff filing proceeding on its own motion to establish rates. (7) Petitions filed with the Commission may not be withdrawn or rescinded and are valid for six months. Statutory/Other Authority: ORS 183, 756 & Ch. 082 & OL 2003 Statutes/Other Implemented: ORS 756.040 & Ch. 082 & OL 2003 History: PUC 7-2004, f. & cert. ef. 4-9-04 PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04