(A) Conditions beyond the control of the waterworks companies may necessitate waterworks companies to impose water usage restrictions to ensure that the supply is adequate for public fire service and/or basic human needs.
(B) A waterworks company must notify the commission's director of the service monitoring and enforcement department or the director's designee of any proposed water usage restrictions. Subsequent to this notification the restrictions may be implemented immediately. The required notification shall be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.
(C) Within two business days following the implementation of water restrictions, the company shall file with the director of the service monitoring and enforcement department or the director's designee a detailed description outlining the restrictions. The commission may suspend the restrictions if the commission finds the restrictions to be unreasonable or discriminatory.
(D) When it is determined, in the opinion of the waterworks company, that a threat to the integrity of its water supply exists, the waterworks company may implement restrictions on water consumption as necessary to reserve a sufficient water supply for public fire protection and/or basic human needs as follows:
(1) Level 1 - partial ban on all lawn watering.
(2) Level 2 - complete ban on all lawn watering, car washing, and pool filling.
(3) Level 3 - ban on all nonessential uses of water.
All levels implemented include the restriction in the lower levels of conservation. (level 3 includes levels 1 and 2.)
(E) During times of restricted use, the restriction shall be enforced in a nondiscriminatory manner and in accordance with the following standards:
(1) Customers violating the established usage restrictions shall first be given an immediate written notice. This notice shall describe in detail the offense and shall describe the procedures to be followed if the customer is found in violation again during the time of curtailment. The waterworks company shall afford the customer a reasonable opportunity to comply with the policy.
(2) The waterworks company may discontinue all or any part of its service to any customer who has been given written notice of violation and is found again to be in violation.
(3) If a customer whose service has been disconnected for violation of curtailment procedures requests a reconnection, such reconnection may only be made after the customer:
(a) Has paid a regular business hours reconnection or turn-on fee as set forth in the waterworks company's tariff as approved by the commission, except that the charge for any service turned on at the request of a customer after regular business hours or on Saturdays, Sundays, or holidays will be at actual cost.
(b) Has corrected any conditions, circumstances, or practices in violation of the curtailment regulations of the waterworks company.
(F) The curtailment of water usage shall not entitle the customer to a deduction in the amount of his/her water charges during the time of the curtailment.
(G) The waterworks company shall provide notice to all of its customers prior to implementing the water usage restrictions.
(H) Each waterworks company implementing water usage restrictions shall, until the restriction is lifted, file a report with the director of the service monitoring and enforcement department or the director's designee every thirty days stating the number of disconnections and the particular usage restriction violation causing the disconnection, and any other problems relating to the water usage restrictions. The required report shall be provided either in hard copy or electronically via the internet in a manner prescribed by the commission.
Five Year Review (FYR) Dates: 8/17/2017 and 08/17/2022
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4905.06
Prior Effective Dates: 12/12/91, 3/24/03, 8/22/08, 10/19/12