Code of Vermont Rules › Agency 30 - PUBLIC UTILITY COMMISSION › Sub-Agency 000 - GENERAL › Chapter 029 - GENERAL ORDER NO. 29 WATER UTILITY REGULATIONS › Section 30 000 029 - GENERAL ORDER NO. 29 WATER UTILITY REGULATIONS

Current through June, 2024
Introduction.
There are three agencies of Vermont State Government
				involved with water systems in Vermont. Each agency has a set of
				rules and regulations governing water systems, and any person,
				corporation or association planning to build, modify, finance, or
				operate a water utility in Vermont must be familiar with each
				agency's regulations.
The Vermont State Health Department has water quality
				responsibilities for all public water supply systems serving 10 users
				or more, pursuant to Title 18 V.S.A. 1203. Its regulations cover
				bacteriological, chemical, physical and radiological quality. Health
				Department regulations also cover test and operation, registration
				and certification of water plant operators. A copy of these
				regulations is available from the Department of Health, 115
				Colchester Avenue, Burlington, Vermont. A permit to operate a water
				system must be obtained from the Department of Health prior to
				operation.
The Department of Water Resources of the Agency of
				Environmental Conservation is the responsible agency concerned with
				the quality of all waters of the State, including water systems not
				under the jurisdiction of the Public Utility Commission or the
				Department of Health, pursuant to Title 3 V.S.A. 2801, 2873. Its
				regulations include all lakes, rivers and streams and municipal water
				systems. A copy of the Water Conservation Policy of the Department of
				Water Resources can be obtained from the Department of Water
				Resources.
The Department of Public Service has jurisdiction
				over private water utilities serving one or more customers, pursuant
				to Title 30 V.S.A. 203(3). This Order pertains to water utilities
				serving 10 users or more. A Certificate of Public Good must be
				obtained from the Public Utility Commission before a private water
				system can be operated. This Order supersedes Public Utility
				Commission General Order No. 29 dated September 30, 1947.
Part I GENERAL PROVISIONS
Section 1 Application of
			 Regulations
These rules are established to promote continuous,
				safe and adequate service to the public, to provide standards for
				uniform and reasonable practices and to establish a basis for
				determining the responsibility of both the public and the utility.
				These Water System Regulations shall in no way relieve the utility
				from the general laws governing utility regulation in Vermont.
Section 2 Suspension of
			 Regulations
Upon its own motion, or upon application, and for
				good cause, the Public Utility Commission may modify, suspend or
				repeal the provisions of any regulation herein, pursuant to the
				Vermont Administrative Procedures Act (
				3 V.S.A.
				801 et. seq.) and the General
				Orders of this Commission.
Section 3 Definitions
For the
				purpose of this General Order:
(a) The word "Commission" shall
			 mean the Public Utility Commission.
(b) The words "public utility",
			 "water utility" or "utility" shall mean any person, partnership or
			 corporation engaged in the collecting, sale and distribution of water
			 for domestic, industrial or fire protection purposes. Municipal water
			 systems are the responsibility of the Department of Health and the
			 Department of Water Resources and not subject to these regulations.
			 Vermont water utilities serving 10 customers or more are classified
			 as Class D water utilities according to standards adopted by the
			 National Association of Regulatory Utility Commissioners
			 (NARUC).
(c) The word
			 "customer" shall mean any person, partnership, association,
			 corporation or agency of the Federal, State or local government being
			 supplied with water by a water utility for domestic, industrial,
			 business or fire protection purposes.
(d) The term "water service" shall
			 mean the furnishing of water to a customer by a utility.
(e) The word "meter" shall mean any
			 device used for the purpose of measuring the quantity of water
			 delivered by a utility to a customer.
(f) The word "main" shall mean a
			 water pipe owned or maintained by a utility which is used for the
			 purpose of transmission or distribution of water, not including the
			 service pipe.
(g) The
			 words "service pipe" shall mean the connection between the main and
			 the customer's property and shall include all the pipe fittings and
			 valves to make the connection.
(h) The words "curb stop" shall
			 mean the connection between the main and the customer's service
			 pipe.
(i) The words
			 "service connection" shall mean the point of connection of the
			 customer's property with the service pipe.
(j) The words "water plant" shall
			 mean any facilities owned by a water utility for the pumping,
			 purification, storage, transmission and distribution of
			 water.
Section
			 4 Location of Records
All records required by these
				regulations or necessary for the administration thereof shall be kept
				within the State of Vermont unless otherwise authorized by the
				Commission. Said records shall be available for examination by the
				Commission or its authorized representatives during all reasonable
				business hours.
Section
			 5 Uniform System of Accounts
All Class D water
				utilities defined in Vermont as private utilities serving 10
				customers or more shall keep a uniform system of accounts as
				specified by the National Association of Regulatory Utility
				Commissioners and adopted by the Commission.
Section 6 Filing with the
			 Commission
Tariffs, rules and regulations, other than what is
				documented in the Annual Report, created by Class D water utilities
				pertaining to service policy shall be filed with the Commission in
				accordance with this General Order and shall include:
(a) Minimum annual connection
			 charge (if any) by type of customer: residential, commercial,
			 etc.
(b) Water rates for
			 both metered (charge per cubic foot or charge per gallon) and flat
			 rate by type of customer: residential, commercial, etc.
(c) Terms of payment.
(d) New connection charge by type
			 of customer.
(e) Date
			 filed and date effective.
(f) Deposit required (if
			 any).
(g) Other terms and
			 conditions set by the Company.
The Commission may require any utility to file other
				information or reports as required to aid in the performance of its
				duties. Existing water utilities proposing changes in tariffs, rules
				or regulations shall petition the Commission for approval of changes
				prior to them becoming effective, pursuant to
				30 V.S.A.
				225.
Section 7 Annual Report
			 Filing
All water utilities of 10 customers or more shall file an
				annual report with the Commission on or before April 15 of each year
				in the form developed and used previously by the Commission for Class
				D water utilities as noted in Section
				26. Copies of
				the annual report form are available from the Commission.
Section 8 New Water
			 Utilities
Prior to the issuance of a Certificate of Public Good
				by the Commission to a new or planned utility of 10 customers or
				more, the following information must be provided to the
				Commission:
(a) Proposed
			 tariffs, rules and regulations pertaining to service as outlined in
			 Section
			 6.
(b) Five year plan for the
			 financing, management and operation of the utility including bylaws
			 of proposed utility.
(c)
			 Description of planned method of recovering original water utility
			 development cost including the approximate per lot or per unit cost
			 of water systems.
(d)
			 Details of water rate structure including expected annual operating
			 expenses.
(e) Completed
			 pro forma annual report in the form for Class D water utilities noted
			 in Section
			 26.
(f) Utility diagram described in
			 Section
			 10.
After reviewing the preceding information, the
				Commission may require a bond, not to exceed 100% of the value of the
				proposed water system, from the water utility. The terms and
				conditions of the bond shall be proposed by the applicant and
				approved by the Commission.
Section 9 Health Department
			 Regulation Compliance
Prior to the issuance of a Certificate of
				Public Good to new utilities, written proof of compliance with
				Vermont Health Department regulations must be received by the
				Commission.
Section
			 10 Utility System Diagram
All Class D utilities of
				10 customers or more shall no later than September 1, 1973, provide
				the Commission with a clear and legible diagram of the utility's
				operating area. Said diagram shall contain the following:
(a) Location of well or pumping
			 station or other sources of supply.
(b) Storage facilities.
(c) Mains by size.
(d) Locations of valves and fire
			 hydrants.
(e) Service
			 area.
(f) Any other
			 information required by the Commission.
This diagram shall be updated annually and included
				with the Annual Report.