reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2410 - Preservation and Destruction of Records

Current through Register Vol. 63, No. 7, July 1, 2024
All rate-regulated water utilities must conform to the
				Commission's Preservation of Records for Water Utilities available at
https://www.oregon.gov/puc/forms/Forms%20and%20Reports/Preservation-of-Records-FM766.pdf
.
Statutory/Other Authority: ORS 183, ORS 756 & ORS
				  757
Statutes/Other Implemented: ORS
				  756.040 & ORS
				  757.125
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0001 - Scope and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request or its own motion, the
			 Commission may waive any of the Division 037 rules for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
(2) The rules contained
			 in this division are applicable to wastewater service provided by public
			 wastewater utilities, as defined in OAR 860-037-0010(28) and (36), providing
			 service in the State of Oregon.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0005 - Applicability and Formal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
All applications or petitions filed under the rules contained
				in this division must also comply with all other applicable Commission
				rules.
Stat. Auth.: ORS 183, 756 & ORS 757
Stats. Implemented: ORS
				  756.040,
				  757.005 & ORS
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Actual cost" means the direct cost of
			 parts, materials, and labor of a specific item or project separated from
			 indirect costs.
(2) "Applicant"
			 means a person that:
(a) Applies for service
			 with a wastewater utility; or
(b)
			 Reapplies for service at a new or existing location after service has been
			 discontinued.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0015 - Information for Customers and Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request, the wastewater utility
			 shall furnish customers or applicants with such information as is reasonable to
			 permit such customers to secure efficient service.
(2) A wastewater utility shall keep on file
			 and open for public inspection at its offices: complete rate schedules,
			 contract forms, rules and regulations of the utility, and a copy of the
			 Commission's rules and regulations.
(3) Upon request, the wastewater utility
			 shall supply a copy of its approved tariffed rates applicable to the type or
			 types of wastewater service furnished to the customer by the wastewater
			 utility.
(4) When service is
			 initiated and not less than once each year thereafter, a wastewater utility
			 shall give its customers a written summary of the customers' rights and
			 responsibilities, as they relate to the wastewater utility providing service.
			 If service is initiated without a personal contact between the utility and the
			 customer, the wastewater utility shall mail the summary to the customer no
			 later than when the first bill statement is mailed. The summary shall include
			 the text approved by the Commission's Consumer Services Section and describe:
(a) The customer's option to designate a
			 third party to receive bills and notices and the availability of notices in
			 languages other than English;
(b)
			 Special payment options such as equal payment plans. Any late-payment charges
			 shall be explained, along with the availability of any preferred billing date
			 option;
(c) Procedures for conflict
			 resolution, including how to register a dispute with the utility and with the
			 Commission and the toll-free number of the Commission's Consumer Services
			 Section: 1-800-522-2404 or TTY 711.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0020 - Designation of Third Party to Receive Notices

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0025 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 dispute occurs between a customer or applicant and a wastewater utility about
			 any charge or service, the wastewater utility must:
(a) Thoroughly investigate the matter;
(b) Promptly report the results of
			 its investigation to the complainant;
(c) Inform the complainant of the right to
			 have a wastewater utility supervisor review any dispute;
(d) Prepare a written record of the dispute
			 including the name and address of the complainant involved, the date the
			 complaint was received, the issues in dispute, and the disposition of the
			 matter; and
(e) Retain records of
			 the dispute for at least 36 months after the investigation is closed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0030 - Applications for Water/Wastewater Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0035 - Establishing Credit for Residential Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or customer may demonstrate
			 satisfactory credit for new or continuing service by showing any of the
			 following, provided that a deposit is not required under section (2) of this
			 rule:
(a) Received 12 months of continuous
			 water/wastewater utility service type during the preceding 24 months and the
			 new water/wastewater utility can verify, either by contacting the former
			 water/wastewater utility or through an authorized letter provided by the
			 applicant or customer, that the applicant or customer voluntarily terminated
			 service and timely paid for all services rendered; or
(b) Proof of ability to pay by providing
			 either:
(A) Proof of employment during the
			 entire 12 months previous to the application of service for person(s)
			 responsible for payment on the account and a work telephone number to enable
			 the water/wastewater utility to verify employment; or
(B) A statement or other documentation from
			 the income provider or an authorized representative, that the water/wastewater
			 utility can verify, indicating that the applicant or customer receives a
			 regular source of income.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0040 - Deposit Payment Arrangements for Residential Wastewater Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0045 - Interest on Deposits for Residential and Nonresidential Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0050 - Refund of Wastewater Utility Deposits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0055 - Installation of Wastewater Service Connection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0060 - Installation of Main Line Extension

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0067 - Wastewater Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0070 - Interruption of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0075 - Refusal of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 wastewater utility may refuse to provide wastewater service to an applicant
			 applying for wastewater service until it receives full payment of any overdue
			 amount of an Oregon tariffed or price-listed charge and any other like
			 obligation related to a prior account except as provided below:
(a) When a customer or applicant whose
			 service was terminated applies for service within 20 calendar days of the
			 termination, the wastewater utility shall provide service to an applicant upon
			 receipt of payment equal to at least one-half of any overdue amount. The
			 balance of the amount owed to the utility shall be paid within 30 days of the
			 date service is initiated. Except for the last payment, installments shall be
			 the greater of $30 or one-half the overdue amount;
(b) Upon failure to pay, the wastewater
			 utility may disconnect water service after providing a written
			 five-business-day notice. The notice shall contain the information and be
			 served in the manner prescribed as provided in OAR 860-036-0245.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0080 - Restrictions on Entering a Customer Residence

Current through Register Vol. 63, No. 7, July 1, 2024
No wastewater utility employee shall enter the residence of a
				customer without proper authorization except in an emergency endangering life
				or property.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0095 - Annual Fees Payable to the Commission by a Wastewater Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0097 - Estimated Annual Fees Payable to the Commission by a Wastewater Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(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 860-001-0050; and
(c) Be made no later than three (3) years
			 after the statement form's due date.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0101 - Wastewater Service Charges

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0105 - Bill Forms

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0110 - Due and Payable Period; Time-Payment Agreements for Residential Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each wastewater
			 utility shall establish procedures to ensure that the period from the billing
			 transmittal for all current charges, including payment of the final bill, to
			 the due date is not less than 15 days. If the bill is delivered by US mail, the
			 due and payable period begins the day after the US Postal Service postmark or
			 the day after the date of postage metering.
(2) A wastewater utility may not disconnect
			 residential water service for nonpayment of wastewater service charges if a
			 customer enters into a written time-payment plan. A wastewater utility will
			 offer customers a choice of payment agreements. At a minimum, the customer may
			 choose between a levelized-payment plan and an equal-pay arrearage
			 plan.
(3) A customer who selects a
			 levelized-payment plan will pay a down payment equal to the average annual bill
			 including the account balance, divided by 12, and a like payment each month for
			 11 months thereafter:
(a) The monthly
			 installment plan shall be reviewed by the wastewater utility periodically. If
			 necessary, due to changing rates or variations, the installment amount may be
			 adjusted in order to bring the account into balance within the time period
			 specified in the original agreement;
(b) If a customer changes his/her service
			 address at any time during the period of a time-payment agreement, provided
			 that payments are then current and the customer pays other scheduled or
			 tariffed charges associated with the change in residence, the wastewater
			 utility shall recalculate the customer's deposit or monthly installment. The
			 recalculated amount shall reflect the balance of the account at the previous
			 service address and the average annual bill at the new service address for the
			 months remaining in the original time-payment agreement. When installments on a
			 time-payment agreement have not been kept current, a customer shall be required
			 to pay all past-due installments, together with any other applicable charges
			 before service is provided at the new residence.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0115 - Late-Payment Charge

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0120 - Adjustment of Bills

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0125 - Transfer Billings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0205 - Grounds for Terminating Customer Wastewater Service by Disconnecting Water Service

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0210 - Voluntary Water Disconnection for Wastewater Service

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0215 - Emergency Water Disconnection for Wastewater Service

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.035 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0220 - Disconnection of Water Service on Weekends and Holidays

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.760
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0225 - Accounts Not Related to Residential Service

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.760
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0230 - Disconnection of Wastewater Service to Tenants

Current through Register Vol. 63, No. 7, July 1, 2024
(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 OAR 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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.760
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0235 - Multilingual Disconnection Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0240 - Reconnection Fee

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0245 - Disconnection Procedures for All Customers of Wastewater Utility Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Involuntary
			 termination of wastewater service for all customers shall be under the
			 provisions of this rule.
(2) Notice
			 Requirements:
(a) At least five business days
			 before a wastewater utility disconnects water service to terminate wastewater
			 service, written notice of disconnection must be provided to the
			 customer;
(b) At least 15 days
			 before a wastewater utility disconnects water service to terminate wastewater
			 service due to customer failure to abide by a time-payment agreement, written
			 notice of disconnect must be provided to the customer; and
(c) The disconnection notice shall inform the
			 person that water service will be disconnected on or after a specific date for
			 violation of a wastewater service rule and shall explain the alternatives, in
			 compliance with OAR 860-037-0220.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0307 - Wastewater Utility Compliance Enforcement by Commission Appointment of Regent to Operate and Manage a Wastewater System

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS Ch. 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005, &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0308 - Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0309 - Commission-Assessed Civil Penalties for Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0310 - Maps and Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.020 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0320 - Location of Underground Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
A wastewater utility and its customers shall comply with
				requirements of OAR chapter 952 regarding the prevention of damage to
				underground facilities.
Stat. Auth.: ORS 183, 756 & ORS 757
Stats. Implemented: ORS
				  756.040,
				  757.005 & ORS
				  757.542-757.562
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0325 - Construction, Safety, and Reporting Standards for Wastewater Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & ORS 757
Stats. Implemented: ORS
				  756.040,
				  757.020,
				  757.035 &ORS
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0330 - Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Pole and conduit attachments shall comply with the rules set
				forth in OAR chapter 860, division 028.
Stat. Auth.: ORS 183, 756, 757 & ORS 759
Stats. Implemented: ORS
				  756.040,
				  757.270-757.290 & ORS
				  759.650-757.675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0405 - Relating to New Wastewater Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061,
				  757.205 &
				  758.300-758.320