Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 65 - WATER MAIN EXTENSION AND SERVICE LINE RULE › Section 407-65-2 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Utility
				Ownership and Responsibility
. All water main extensions, appurtenances
				and service drops constructed pursuant to this rule shall be owned, maintained
				and, except as provided below, replace by the utility. The actual construction
				shall be done by the utility or by an agency acceptable to it under the
				utility's supervision. If replacement is required because of an increase in
				demand by a new or existing customer or customers and not because the main
				should be or must be retired, the customers presenting the increased demand
				shall pay for a reasonable portion of the replacement pursuant to section
				3 as if the replacement were a new main
				extension or service drop, but the utility shall invest an additional amount
				based on the difference in average customer revenues for the old and new meter
				sizes. A reasonable portion of the replacement facilities shall be determined
				in the same manner as provided in section
				2(G).
B.
Temporary Establishment
. The
				utility shall have no obligation to make an investment to extend its water
				service to a temporary establishment. If, however, service is installed at the
				customer's expense and water service is taken for a period of five consecutive
				years, or if the factors causing the utility to believe the establishment is of
				a temporary nature are removed, the establishment shall be considered as
				permanent and the utility shall make investments as provided in these rules,
				providing that no investments shall be made after 10 years following connection
				of the first customer.
C.
Main extensions and private lines
. A private line shall be
				installed, owned and maintained by and at the expense of the customer which it
				serves. Main extensions, wherever located, are subject to the provisions of
				this chapter. Upon application for service through a water line to be
				constructed after May 7, 1986, which is otherwise defined by section
				1(K) as a private
				line, the utility may require a main extension if it decides that the private
				line will be detrimental to the proper development of the water system.
If, after May 7, 1986, a customer served by a private line
				  permits another customer, premises or person to be served from the private
				  line, the line shall be subject to the water main provisions of this rule. If
				  the utility determines that this line must be modified or replaced in order to
				  meet its specifications or to provide adequate capacity for reasonably
				  anticipated future growth, the utility shall invest in the line, unless it has
				  chosen to make no investments pursuant to 35 M.R.S.A. §72-A, and the
				  customers served by the line shall provide a contribution as required by
				  section
				  3 or
				  4. Any private line which will continue
				  to be used as a main shall be conveyed to the utility without charge. All mains
				  shall be owned and maintained and replaced by the utility as provided in
				  section
				  2(A) and the utility
				  shall be provided all necessary easements. Refusal or failure to comply with
				  the requirements stated herein or failure of the unauthorized connecting person
				  to voluntarily disconnect shall be grounds for disconnection pursuant to
				  chapter 81, §
										2(A)(3), provided that
				  the utility shall give 60 days notice prior to the proposed disconnection and
				  payment of contributions shall be subject to payment arrangements under section
				  5 of Chapter 81, not to exceed one year
				  in length. A person who disagrees with the utility about the proper size of any
				  main or the need to modify or replace a private line may refer the matter to
				  the Commission staff and Commission pursuant to Section
				  6(D).
If a utility under this rule, before or after its amendments
				  effective May 7, 1986, has allowed a private line to be constructed when it
				  prudently should have required a main extension, or, if after May 7, 1986, it
				  has authorized connection of a second or subsequent customer to a private line
				  constructed at any time, and if a main extension is built subsequently,
				  customers connecting to the main extension shall be required to make customer
				  contributions only in the amount that would be required if the customers served
				  by the private line were required to connect and contribute to the extension.
				  The utility shall pay the customer contribution of and investment amount for
				  the customers who continue to be served by the private line unless those
				  customers connect to the main extension.
D.
Public and Private Ways
.
				Extensions shall normally be made in the municipally accepted public way. The
				utility may make extensions across private property provided that adequate
				easements are obtained. It shall be the responsibility of the applicant for a
				water main extension to provide the utility with such easements as the utility
				deems necessary.
If a utility reasonably believes that the lines and grades of
				  a private street may not be approved by a municipality or other public
				  authority it may refuse to invest in the water main extensions in the private
				  streets until lines and grades have been established by the public authority
				  and the street has met those standards, as determined by the utility or the
				  public authority. Upon compliance with those standards, as well as the
				  utility's construction standards, the utility shall make investments for each
				  customer previously connected for a period of ten years following connection of
				  the first customer.
E.
Public Authority
. Where an extension must comply with an
				ordinance, regulation or specification or a public authority, the estimated and
				final cost of said extension shall be based upon the costs to comply
				therewith.
F.
Fire
				Service
. Extensions made solely for either public or private fire
				protection service shall not be subject to these rules.
G.
Utility Specifications; Related
				Distribution Capacity Additions
. The utility shall specify the size and
				type of pipe to be installed, and it shall be the responsibility of the utility
				to provide mains of adequate size to allow for normal domestic and fire
				protection growth. In the event that the utility desires to install pipes for
				its future benefit which are larger than required in the extension area,
				appropriate adjustments will be made.
If the demand for water expected from the customers to be
				  served by the extension requires existing mains leading to the extension to be
				  replaced or supplemented by parallel mains, or requires booster pumps or other
				  appurtenances in order to satisfy the demand or to maintain adequate pressure
				  along the extension or along the main leading to the extension, a reasonable
				  portion of these costs shall be included in the price of the water main
				  extension. In determining a reasonable portion the utility shall consider
				  whether the need for new replacement or parallel facilities is caused entirely
				  by the customers to be served by the main extension; the age of existing
				  facilities and the need for replacement for other reasons; the marginal cost of
				  providing the additional capacity if existing facilities need present
				  replacement or replacement in the near future; any increases in the quality of
				  service to other customers by the addition or replacement facilities; and, in
				  the case of a review pursuant to section
				  6(D), the prudence of
				  the utility in determining the amount of existing capacity.
H.
Length of Extension
. In
				arriving at the length of a water main extension necessary to render service at
				any point, the distance from such point to the nearest existing water main
				normally shall be traced along the line which, according to established trade
				standards and utility practice, marks the proper construction of the extension
				in the street, road or right-of-way on which the building or lot fronts. The
				point at which the extension ends and the service line commences shall normally
				be at the intersection of this line and another line, perpendicular thereto,
				which passes through the center of the building to be served.
I.
Low Pressure Areas
. The
				utility shall not extend its mains or render service to new customers in areas
				where substantially uniform system pressure at the connection of the water
				service to the main may be expected to fall below 20 p.s.i.g., except for
				periods of fire flow or system maintenance, unless a limited service contract
				is executed between the utility and the customer and approved by the
				Commission. The utility shall insure that the limited service contract is
				recorded in the Registry of Deeds. The limited service contract shall specify
				the materials and minimum size for the customer's portion of the service pipe.
				The execution of a limited service contract shall not prevent the Commission
				from requiring better service when, upon investigation, the Commission
				concludes that service should be improved.
J.
Inspection and Testing
. The
				utility shall insure that any and all facilities, installed or accepted under
				an agreement, comply with the utility's standards for materials and
				installation and are adequate and safe for the purpose of the utility. The
				utility shall not be required to accept a main extension, pipeline or related
				appurtenances until after they have been inspected and tested and meet the
				utility's standards. Any inspections or test shall be at the expense of the
				person requesting service or acceptance.