This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 4901:1-15-01 | Definitions.
Effective:
November 2, 2017
As used in this chapter: (A) "Collection main" means a
pipe that collects or transports wastewater from the service lines of a
wastewater customer. (B) "Company service line"
means that portion of the service line between the distribution or collection
main up to and including the curb stop, water outlet connection, or sewer inlet
connection at or near the property line, right-of-way, or easement line,
maintained at the cost of the company. (C) "Commission" means the
public utilities commission of Ohio. (D) "Consumer complaint" means a customer/consumer
contact when such contact necessitates follow-up by or with the utility to
resolve a point of contention. (E) "Customer" means any person who enters an agreement
with the company to receive waterworks and/or sewage disposal
service. (F) "Customer service line" means that portion of the
service line from the company's service line to the structure or premises
which is supplied, installed, and maintained at the cost of the
customer. (G) "Dead-end main" means a section of a water
distribution system consisting of pipe greater than two inches that is not
connected to another section of pipe by means of a connecting loop and serves
more than one customer, unless the company can demonstrate that the water
within the main circulates on a monthly basis or less. (H) "Distribution main" means a pipe that transports or
distributes water from the supply system to the service lines of a water
customer. (I) "Major operational event" means a significant
change to a systems normal operations. (J) "Outage" means any interruption of a company
system, other than a customer service line, which causes the cessation of water
service. (K) "Service connection" means the connection of the
company's service line with the customer's service line at or near
the property line, which connection enables the customer to receive
service. (L) "Tap-in" means the connecting of a company service
line to the distribution or collection main.
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Rule 4901:1-15-02 | General provisions.
Effective:
November 2, 2017
(A) The rules and regulations contained
in this chapter govern the furnishing of water and sewage disposal service and
facilities to the public by waterworks companies and/or sewage disposal system
companies subject to the jurisdiction of the commission. (B) Nothing contained in this chapter
shall in any way preclude the commission from any of the
following: (1) Pursue formal
action, at anytime, to alter or amend this chapter. (2) Prescribing different
standards for the rendering of water service and/or sewage disposal service as
deemed necessary by the commission in any proceeding. (3) The commission may,
upon an application or a motion filed by a party, waive any requirement of this
chapter, other than a requirement mandated by statute, for good cause
shown. (C) Nothing contained in this chapter
shall in any way preclude the commission from requiring the furnishing of any
other or additional service(s), equipment, or facilities affecting water and/or
sewage disposal service upon any of the following: (1) The commission's
own motion. (2) A consumer
complaint. (3) An application by any
waterworks company and/or sewage disposal system company. (D) If unreasonable hardship to a
waterworks company, and/or sewage disposal system company, or to a customer
results from the imposition of any rule in this chapter, an application may be
made to the commission for either of the following: (1) The modification of
any rule(s). (2) The temporary or
permanent waiver from any rule(s). (E) Nothing contained in this chapter
shall relieve any waterworks company and/or sewage disposal system company from
either of the following: (1) Providing adequate
service and facilities as prescribed by the commission. (2) Meeting any of its
duties or responsibilities as prescribed by these rules or by the laws of the
state of Ohio. (F) Failure by a waterworks company
and/or sewage disposal system company subject to the jurisdiction of the
commission to meet any of its duties and responsibilities as prescribed by
these rules in this chapter or by the laws of the state of Ohio does not in and
of itself constitute inadequate service on the part of the waterworks company
and/or sewage disposal system company without a commission finding of
inadequate service. (G) Unless otherwise directed by the
commission, all reports shall be filed using such forms as may be posted on the
commission's web site. Such forms may be changed without further
commission entry and each reporting person should check the commission's
web site to obtain the current forms before filing a report.
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Rule 4901:1-15-03 | Failure to comply with the rules or commission orders.
Effective:
August 22, 2008
Any waterworks company and/or sewage disposal system company that fails to comply with the rules and standards in this chapter or commission order may, after due notice, be subject to any and all of the following available under the law, including but not limited to: (A) Forfeiture to the state of not more than ten thousand dollars for each such failure. Each day's continuance of the violation is a separate offense. (B) Corrective action to effectuate compliance.
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Rule 4901:1-15-04 | Notice and public hearing.
Effective:
January 12, 2018
(A) This rule shall govern notice to the public and the conduct
of hearings where directed by the commission to be held in cases involving an
application by a waterworks company and/or sewage disposal system company for a
certificate of public convenience and necessity, an application to amend a
certificate, an application to transfer a certificate, or an application for
abandonment of a certificate. (B) Following the filing of any application set forth in
paragraph (A) of this rule, the commission shall review the application to
determine its compliance with the requirements of this chapter. If the
commission determines that the application is in compliance with the
commission's rules, and otherwise appears to be complete, an entry shall be
issued which accepts the application, and directs the manner in which public
notice of the application is to be accomplished. If the commission determines
that the application is not in compliance with the commission's rules, or is
otherwise incomplete, an entry shall be issued which directs the manner in
which the applicant shall file such information as is necessary to bring the
application into compliance or to complete the application. (C) Unless otherwise set forth by entry, the applicant, in
applications set forth in paragraph (A) of this rule, shall fulfill all of the
following notice requirements: (1) If public notice is to be accomplished other than by
publication of legal notice in a newspaper of general circulation in the area
affected by the application, the manner in which public notice of the
application is to be accomplished shall be set forth in the entry accepting the
application. (2) If public notice is to be accomplished by newspaper
publication: (a) The applicant shall give notice by publication, once, in
every county affected by the application. Within each affected county,
publication must be made in a newspaper published, and of general circulation,
within such county. (b) Publication expense shall be borne by the
applicant. (c) Proof of publication of an appropriate notice shall be filed
with the commission pursuant to the deadline established within the entry
calling for publication. (d) Unless otherwise directed by entry, the legal notice which
the applicant must publish in applications covered by paragraph (A) of this
rule, shall: (i) State the fact that such application has been filed with the
commission along with a brief description of the purpose of the
application. (ii) Set forth the
rates proposed to be charged and collected, except in abandonment application
cases in which rates are not being proposed, and shall describe the specific
area to be served. The published description need not be stated in terms of
metes and bounds; however, it shall be in sufficient detail to enable a member
of the public to determine the boundary of the service area(s). (iii) Contain the name and complete post office
address of the applicant. (iv) Contain a
statement which sets forth the docket number which the commission has assigned
to the application, as well as the commission's post office address, and which
indicates that additional information concerning the application may be
obtained by contacting the public utilities commission of Ohio. (v) Provide for a period of time within which affected persons or
entities may file with the commission, a written statement which both describes
the nature of their interest in the application and requests that a hearing be
held on the application. Unless otherwise ordered by the commission, this
period of time shall include at least fourteen days from the last date upon
which publication may be made pursuant to the entry calling for
publication. (vi) In the case of an
application for a certificate of public convenience and necessity, meet the
requirements set forth in rule 4901:1-15-05 of the Administrative
Code. (vii) In the case of an application to amend a
certificate, meet the requirements set forth in rule 4901:1-15-07 of the
Administrative Code. (viii) In the case of
an application to transfer a certificate, meet the requirements set forth in
rule 4901:1-15-09 of the Administrative Code. (e) If, within fourteen days from the last date on which
publication may be made pursuant to the entry calling for publication, or such
other period as may be established within the entry calling for publication,
the commission receives from any affected person or entity a written request
for a hearing on an application set forth in paragraph (A) of this rule, the
commission may schedule and hold a public hearing on the application on a date
and at a time and place to be established by the commission. The commission may
proceed to decide the case without holding a hearing, on the basis of the
information contained in the application and the affidavits and information
submitted to the commission by the applicant. The commission may, upon its own
motion, schedule and hold a public hearing on the application at any time
during its pendency. (3) Entries accepting applications, directing the manner in which
notice shall be accomplished and/or scheduling hearings shall be served upon
the applicant, any affected person or entity who has requested a hearing, and
upon the board of county commissioners of any county and the chief executive
authority of any municipal corporation served or proposed to be served by the
application. (4) Notwithstanding the provisions of rule 4901-1-08 of the
Administrative Code, an officer or partner of the applicant shall attend any
hearing held in a case involving an application set forth in paragraph (A) of
this rule. Failure of an officer or partner to be present at the hearing is
cause for dismissal of the application. (D) In cases involving an application for abandonment of water
service and/or sewage disposal system service, notice and the conduct of a
hearing shall be as provided for in paragraph (C) of this rule, except that
notice shall be by newspaper publication which shall occur once a week for four
consecutive weeks in a newspaper of general circulation in any county or
municipal corporation which has granted a franchise to the applicant utility
company.
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Rule 4901:1-15-05 | Application for certificate of public convenience and necessity.
Effective:
November 2, 2017
(A) Any person, firm, or corporation
desiring to obtain a certificate of public convenience and necessity
authorizing such person, firm, or corporation to construct and/or operate a
waterworks system and/or a sewage disposal system or to expand the area in
which such a system is operated, shall file an application in the form and with
the content specified in this rule. Exhibits as described and enumerated in
paragraph (D) of this rule shall be attached to and made a part of each
application. The required number of copies to be filed with the commission of
applications made pursuant to this rule is set forth in rule 4901-1-02 of the
Administrative Code. (B) All applications and exhibits shall
be typewritten, filed electronically pursuant to paragraph (D) of rule
4901-1-02 of the Administrative Code, printed, or reproduced by some other
equally legible and permanent process on good quality paper, eight and one-half
inches by eleven inches nominal size. Maps and plans may be reproduced by any
reasonably permanent process and shall be of such size that they can be folded
to match the other documents presented. (C) Applications and exhibits must be
signed by the applicant or his/her attorney and shall show the complete post
office address of the person whose signature is affixed. If the applicant is a
partnership, one partner may sign for all; if a corporation, the president, a
vice-president, secretary, or other duly authorized officer may sign. The
applicant shall serve a copy of the application, the exhibits, and all other
filings upon the Ohio environmental protection agency (OEPA) at Columbus, Ohio,
and shall indicate this service on the copies filed with the commission. Any of
the exhibits which are currently on file with the OEPA may be
omitted. (D) All of the following exhibits shall
be filed with each application and, if a hearing is held, shall be presented as
evidence at the hearing. (1) Exhibit
one (a) If applicant is a corporation, it shall file both of the
following: (i) A list of the
officers, directors, and the ten largest shareholders of the corporation, the
address of each, and the number of shares held by each. If there are not as
many as ten shareholders, a statement to that effect. (ii) The nature,
character, and extent of the interest, if any, of any of the above officers,
directors, or shareholders in any other waterworks company and/or sewage
disposal system company, or in any other partnership or corporation that holds
an interest in any other waterworks company and/or sewage disposal system
company. (b) If applicant is a partnership, it shall file both of the
following: (i) Name and address of
each partner. (ii) The nature,
character, and extent of the interest, if any, of any partner in any other
waterworks company and/or sewage disposal system company, or in any other
partnership or corporation that holds any interest in any other waterworks
company and/or sewage disposal system company. (c) If applicant is an individual, it shall file the same
information for an individual owner of a waterworks company and/or a sewage
disposal system company as required by paragraphs (D)(1)(b)(i) and
(D)(1)(b)(ii) of this rule for a partnership application. (d) If any person, firm, or corporation purports to guarantee the
obligations of the applicant, the person, firm, or corporation shall file a
disclosure including both of the following: (i) Identification of
such person, firm, or corporation by name and complete post office
address. (ii) A detailed balance
sheet (net worth statement) for such person, firm, or corporation. (e) Further, if any developer of all or part of the area for
which applicant requests a certificate of public convenience and necessity has
any interest in, or control over, the applicant, the developer shall file a
disclosure including all of the following: (i) Identification of
such developer by name and complete post office address. (ii) A detailed balance
sheet (net worth statement) of such developer. (iii) The nature and
extent of the developer's interest in applicant and the means by which
control is exercised over applicant. (2) Exhibit
two A certified copy of the articles of
incorporation and any amendments if applicant is a corporation, or a copy of
the partnership agreement if applicant is a partnership. (3) Exhibits three, three
A, and three B A financial statement (balance sheet) showing
in detail applicant's assets, liabilities, and net worth as of a date no
more than one month prior to the date the application was filed (exhibit
three), and projected to exist as of the date when construction will be
completed and the system or systems will be ready for operation (exhibit three
A). If a hearing is held, applicant shall tender at the hearing a financial
statement showing in detail applicant's assets, liabilities, and net worth
as of the date the application was filed (exhibit three B). (4) Exhibits four and
four A Pro forma income statements for
applicant's first (exhibit four) and fifth (exhibit four A) contemplated
full years of operation, showing in reasonable detail for each of those years
applicant's anticipated operating revenues, expenses, and net income
available for fixed charges. (5) Exhibit
five A multi-page document (tariff) setting forth
all of applicant's proposed rates, charges, and rules and regulations.
This document shall be considered by the commission in its determination of
applicant's ability to operate the proposed waterworks system and/or
sewage disposal system at rates and charges that will produce from such
operations a fair and reasonable rate of return on the statutory rate base
value of the property dedicated to the service of the public. Such tariff
documents tendered to the commission as exhibits to an application shall bear
no issued or effective dates and their form and content shall be subject to
approval by the commission. (6) Exhibit
six A metes and bounds description of the area in
which service is to be rendered pursuant to the authority sought and a map
based upon the metes and bounds description. The map offered as exhibit six to
any application shall be drawn or reproduced to a scale with no greater than
one thousand feet equaling one inch. The scale shall be shown in a written
statement or by a legend on the map. The map shall also bear a title block
indicating the name of the owner of the system or systems shown, the type or
types of system(s) shown, the date of preparation of the map, and the contact
information of the individual responsible for its accuracy and
completeness. (7) Exhibit
seven (a) A written description of the proposed waterworks system
and/or sewage disposal system and the component parts of the system prepared by
a registered engineer licensed to practice in Ohio. For a waterworks system,
the description shall show the engineer's estimate of the maximum hour,
maximum day, and average day demands on the waterworks system and shall compare
such demand estimates with the corresponding capabilities of all the components
of the proposed waterworks system. For a sewage disposal system, the
description shall include, but not be limited to, statements of the design
capacities of the components of the sewage disposal system facilities and of
the maximum hourly and average inflows to the facilities which are
anticipated. (b) A description of the type of pipe to be used in the water
distribution system or in the sewage collection and transmission system. This
description shall include the type of material from which the pipe is to be
fabricated and the type or types of joints to be used. (8) Exhibit
eight A statement evidencing that, in the case of a
waterworks system, the proposed facilities are capable of providing a minimum
static pressure of thirty-five pounds per square inch at normal operating
conditions at all curb stops. (9) Exhibit
nine A statement evidencing that the company's
system of mains shall be of adequate size to permit the installation and proper
operation of public fire hydrants. Except as provided in rule 4901:1-15-30 of
the Administrative Code, such public fire hydrants need be installed only if
they are paid for by the proper public authority, agency, or entity ordering
the installation for both the capital cost and the cost of maintaining and
operating the hydrants. (10) Exhibit
ten A statement evidencing that the company will
avoid dead ends in the distribution mains so far as possible. If such dead ends
exist, the waterworks company shall provide facilities for flushing. (11) Exhibit
eleven A statement evidencing that, in the case of a
sewage disposal system, the mains and laterals proposed are of adequate size
and are to be laid with such flow lines as to permit an expeditious flow from
the point of the origin at the customer's premises to the point of
treatment or disposal. If land contours are not such as to permit transport of
the outflow by gravity, adequate lift stations or other adequate facilities
shall be provided as a part of the applicant's system. If, in lieu of or
as an adjunct to such lift stations, force pumps are proposed to be installed
to move sewage discharge away from a customer's premises, a full
description of the equipment and of the manner and means of its operation shall
be included. (12) Exhibit
twelve (a) An estimate(s) in full detail of the cost of construction of
the waterworks system and/or sewage disposal system shown and described in
paragraph (D) of this rule, in exhibits six and seven. This estimate shall be
prepared and signed by the person who prepared and presented exhibit
seven. (b) Upon the request of the commission, the cost of feasible
alternatives to the proposed waterworks and/or sewage disposal system such as
connection to an existing system or use of alternate processes and material
shall be presented, together with reasons for the choice which was
selected. (13) Exhibit
thirteen A statement of the financing plan by which
applicant proposes to fund the construction or acquisition of its proposed
waterworks system and/or sewage disposal system and to secure working capital.
Such statement shall show the amount of equity capital applicant expects to
have or to secure by the issuance of equity securities; the amount of capital
it expects to secure by the issuance of notes or bonds; the source and terms of
the equity funds; the terms of the notes or bonds; and any sums that applicant
expects will be voluntarily contributed. (14) Exhibit
fourteen A statement evidencing that applicant has in
its treasury sufficient unobligated paid-in capital or internally generated
funds and/or has commitments from a responsible financial organization,
satisfactory to the commission, which will enable it to secure through the
issuance of securities, approved by the commission, all additional financing
necessary to complete construction of and place into operation its proposed
utility system. Sufficient unobligated paid-in capital or internally generated
funds is presumed to be that equal to at least forty per cent of the estimated
cost of construction of the utility plant. To overcome such presumption, the
applicant must show by competent evidence that it otherwise has sufficient
unobligated paid-in capital funds and satisfactory financial commitments to
complete construction of and place into operation its proposed system. (15) Exhibit
fifteen A statement evidencing that, at the rates
proposed in applicant's tariff as filed with the application and based
upon a pro forma income statement also filed with the application, applicant
will have sufficient revenues to enable it to meet its operating and
maintenance expenses, to begin establishing a depreciation reserve, to pay all
taxes, to establish an adequate reserve for contingencies, and to pay interest
on any outstanding debt. (16) Exhibit
sixteen If OEPA approval is necessary for the
construction of the facilities described in the application, a written
statement to the commission from an official of the OEPA, stating that the OEPA
has approved general plans for the proposed waterworks system and/or sewage
disposal system and that it would approve acceptable final detail plans upon
notification that the commission has granted to the applicant a certificate of
public convenience and necessity for the construction and operation of the
system or systems. In the event that approval of final detail plans is not
readily available or cannot be obtained from the OEPA, the commission may grant
a certificate of public convenience and necessity contingent upon approval by
the OEPA of final detail plans. (17) Exhibit
seventeen (a) A proposed construction and installation schedule stating in
number of days of expected elapsed time of both of the following: (i) The time between the
issuance of the certificate as applied for and the start of active and
continued construction of the facilities. (ii) The time between the
date upon which active and continued construction is started and the date of
its completion in condition to render the proposed service. (b) A statement that the applicant will complete all waterworks
system and/or sewage disposal system facilities required to adequately serve
the entire area for which the certificate of public convenience and necessity
is sought and that the completion date will be as stated in paragraph
(D)(17)(a)(ii) of this rule, unless work is interrupted by weather or by other
conditions beyond applicant's control. (18) Exhibit
eighteen A statement that there is a present and
continuing need by the public in the area encompassed by the application for
facilities and services of the type which applicant proposes to provide. (19) Exhibit
nineteen A statement evidencing that no existing agency,
publicly or privately owned or operated, would or could economically and
efficiently provide the facilities and services needed by the public in the
area which is the subject of the application. (20) Exhibit
twenty A statement describing the public convenience
to be served by means of granting a certificate of public convenience and
necessity to applicant, and a list of the counties and any municipal
corporations proposed to be served in whole or in part. (21) Exhibit
twenty-one A proposed legal notice containing all the
information required by paragraphs (C)(2)(d)(i) to (C)(2)(d)(v) of rule
4901:1-15-04 of the Administrative Code. The proposed notice shall set forth the rates
proposed to be charged and collected, and describe the specific area to be
served by the applicant under the certificate being applied for. The proposed
description need not be stated in terms of metes and bounds; however, it shall
be in sufficient detail to enable a member of the public to locate the service
areas and determine their boundaries. (22) Exhibit
twenty-two An affidavit attesting to and adopting all
filings submitted with the application. The affiant shall not be the
applicant's attorney, but may be any other person qualified to sign the
application pursuant to paragraph (C) of this rule.
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Rule 4901:1-15-06 | Fiduciary operation of waterworks companies and/or sewage disposal system companies.
Effective:
March 24, 2003
Upon the occurrence of a change in the operation of a waterworks company and/or sewage disposal system company under the jurisdiction of the commission, such that a personal representative, surviving partner, receiver, trustee or other fiduciary continues the operation of the company, written notice setting forth the change in the operation of the company and explaining the reason for the change shall be filed with the commission within thirty days.
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Rule 4901:1-15-07 | Amendment of certificates for waterworks companies and/or sewage disposal system companies.
Effective:
August 22, 2008
(A) Before extending a waterworks system and/or a sewage disposal system beyond the boundaries of the area for which a certificate of public convenience and necessity has previously been granted, the holder of the certificate shall apply to the commission for an amendment to the certificate for the proposed expansion area. (B) An application to amend a certificate shall be executed and filed with the commission. Public hearing on and notice of an application to amend a certificate of public convenience and necessity shall be governed by rule 4901:1-15-05 of the Administrative Code. If the event requiring the certificate to be amended, results in a change in the information required by rule 4901:1-15-05 of the Administrative Code, this information shall be updated and filed along with the below information: (1) A statement stating whether or not additional construction (excluding any main extensions) will be necessary to serve the new territory. If new construction will be required, the applicant shall file: (a) A general description of the facility to be constructed. If the applicant is proposing a self-contained water or sewer plant or system, the applicant shall file the information required by paragraph (D)(7) of rule 4901:1-15-05 of the Administrative Code. (b) The approximate cost of the additional facility. (c) A statement explaining how soon construction will begin, assuming the commission grants the amendment. (d) A statement explaining how soon, after construction is commenced, the applicant will be able to initiate service to the amended service area. (C) If a waterworks company and/or sewage disposal system company operating in a grandfathered area within the state of Ohio proposes to extend the boundaries of the system(s) to serve additional territory, and if the company is not the holder of a certificate of public convenience and necessity for the area presently served, the company shall apply to the commission for a certificate of public convenience and necessity for the existing and proposed expansion area as required by rule 4901:1-15-05 of the Administrative Code. Note: The commission will interpret the phrase "or expanding", as used in section 4933.25 of the Revised Code, as referring to territorial expansion of a service area. (D) Amendment for limitation of service. If, after a certificate of public convenience and necessity has been granted by the commission, the holder of the certificate finds himself/herself unwilling or unable to meet the full requirements for service as stated in the application, the holder shall apply to the commission for an amended certificate in which authority to render waterworks service and/or sewage disposal service shall be limited in accordance with his/her capabilities.
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Rule 4901:1-15-08 | Abandonment, cancellation, and substitution of service.
Effective:
November 2, 2017
Applications by waterworks companies and/or sewage
disposal system companies for authority to abandon, cancel, or substitute all
or any portion of their service shall comply with the requirements set forth in
paragraphs (B) and (C) of rule 4901:1-15-05 of the Administrative Code, and
shall fulfill all the following requirements: (A) The application for abandonment must
be filed in accordance with sections 4905.20 and 4905.21 of the Revised
Code. (B) The application shall contain a
complete description of the nature of any operations proposed to be abandoned,
cancelled, or substituted and the portion or portions of the service area to be
abandoned, cancelled, or substituted and shall set forth the reasons for the
abandonment, cancellation, or substitution. (C) The application shall be accompanied
by an affidavit attesting to and adopting all filings submitted with the
application. The affiant shall not be the applicant's attorney, but may be
any other person qualified to sign the application pursuant to paragraph (C) of
rule 4901:1-15-04 of the Administrative Code. (D) A copy of the application shall be
served by the applicant upon the Ohio environmental protection agency at
Columbus, Ohio, and this service shall be indicated on the copies of the
application filed with the commission. (E) Public hearing on and notice of an
application filed under this rule shall be governed by rule 4901:1-15-04 of the
Administrative Code.
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Rule 4901:1-15-09 | Transfer of certificate with property transfer.
Effective:
January 12, 2018
(A) No certificate of public convenience and necessity to
construct and/or operate a waterworks company and/or sewage disposal system
company may be transferred or assigned unless the transaction is first approved
by the commission. (B) An application for approval of the transfer of a certificate
of public convenience and necessity to construct and/or operate a waterworks
system and/or sewage disposal system shall be a joint application, and at its
discretion, the commission may provide for a public hearing upon notice of an
application as set forth by rule 4901:1-15-04 of the Administrative
Code. (C) Any application for approval of the transfer of a certificate
of public convenience and necessity to construct and/or operate a waterworks
system and/or a sewage disposal system shall include a conformed copy (or
copies) of all agreements pertinent to the transfer that have been or will be
entered into between the transferor and the transferee. This shall include all
documents pertaining to the transfer of ownership or control of the waterworks
system and/or sewage disposal system specified in the certificate to be
transferred. (D) The transferee will be required by an entry or order issued
by the commission approving the transfer to file, in its name, new tariff
documents which show the same rates, charges, and rules and regulations as
those shown in the tariff documents currently filed with the commission by the
transferor, except for the changes ordered by the commission. (E) If any individual, partnership, or corporation proposes to
acquire a waterworks system and/or sewage disposal system from an individual,
partnership, or corporation which has constructed or owned and operated the
system(s) without authority from the commission, and if the entity acquiring
the system is, or will become by such acquisition, a public utility subject to
commission jurisdiction, an application for a certificate of public convenience
and necessity to operate a waterworks company and/or sewage disposal system
company shall be filed with the commission. The application shall fulfill all
the requirements of rule 4901:1-15-05 of the Administrative Code governing the
filing of an application for a certificate of public convenience and necessity.
(F) If the
acquiring entity is the holder of a certificate of public convenience and
necessity issued by this commission to construct or operate a waterworks system
and/or sewage disposal system and the entity being acquired is also the holder
of a certificate of public convenience and necessity from the commission, an
application to transfer the certificate for the area to be acquired shall be
filed. If transferring the certificate results in a change in the information
required by rule 4901:1-15-05 of the Administrative Code, this information
shall be updated, and filed along with the following information: (1) An executive summary of the terms and conditions of the
transfer. (2) A copy of the transfer contract. (3) The details of the acquiring entity's financing plan to
purchase or lease the plant to be transferred. (4) A general description of the acquiring entity's
operations plan noting the changes from the transferor's present
operation.
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Rule 4901:1-15-10 | Construction, maintenance of plant and equipment, and interruption notification for planned outages and flushings.
Effective:
November 2, 2017
(A) All improvements or additions to any
system of a waterworks company and/or sewage disposal system company involving
construction which would alter the capacity of such system, by one per cent or
more of that system's design capacity, shall be indicated in writing by
the company to the director of the commission's service monitoring and
enforcement department or the director's designee prior to construction.
The director of the service monitoring and enforcement department or the
director's designee will determine whether the associated construction
plans, and specifications, also need to be submitted. All facilities and
equipment shall be identified either on the plan or engineering drawings, or
written in detail in an attached report. If applicable, the Ohio environmental
protection agency approval letter indicating acceptance of the plans,
specifications, and engineering drawings shall be submitted by the company to
the director of the service monitoring and enforcement department or the
director's designee prior to construction. The items required to be
submitted pursuant to this paragraph shall be provided either in hard copy or
electronically via the internet in a manner prescribed by the director of the
service monitoring and enforcement department or the director's
designee. (B) Maintenance of plant and
equipment: (1) Each waterworks
company and/or sewage disposal system company shall have and follow a
system-specific maintenance plan and schedule to include, but not be limited
to, source-of-supply, treatment, distribution, and storage facilities. This
plan and schedule shall be available for review by the commission staff at the
closest related facility. (2) Each waterworks
company and/or sewage disposal system company shall make repairs consistent
with industry-accepted utility engineering standards and using industry
accepted materials. Individuals performing work must have the necessary
training and qualifications, and have any required certifications for the
specific work being performed. (3) Each waterworks
company shall avoid dead ends in the distribution mains so far as possible. If
such dead ends exist, the waterworks company shall provide facilities for
flushing. Flushing facilities shall be sized to provide at least a flow
velocity of 2.5 feet per second. (4) Each waterworks
company shall flush each of its mains at least annually, or in the case of
dead-end mains, at least twice annually. All records of flushing shall be
maintained as referred to in rule 4901:1-15-14 of the Administrative
Code. (5) Each waterworks
company shall establish a valve and hydrant inspection program which shall
include operating valves and hydrants through their full cycle. Plant and
pumping station valves and valves on transmission mains or at critical
locations on distribution mains shall be kept in good operating condition and
shall be inspected at least annually. Valves on local distribution system mains
shall be inspected every two years. Valves and hydrants found to be inoperable
shall be repaired or replaced. Valve covers shall be maintained at or above
grade level and not paved over. The company shall maintain records of the date
and type of each inspection and all maintenance. These records shall be
available for review by the commission staff at the company's
plant(s). (6) Each waterworks
company's storage tank(s) shall be inspected by a person or firm qualified
to inspect storage tanks at least every five years. These records shall be
available for review by the commission staff at the company's
plant(s). (7) Each sewage disposal
system company shall annually inspect each of its manholes. Manholes and sewer
lines shall be kept in good operating condition. Manhole covers shall be
maintained at or above grade level and not paved over. The company shall
maintain inspection records to include, but not be limited to, the date,
location, inspector, and condition of each manhole, and all maintenance
performed on the manholes and collection system. These records shall be
available for review by the commission staff at the closest related
facility. (C) Notification for planned outages and
flushings (1) Each waterworks
company and/or sewage disposal system company shall notify, either in hard copy
or electronically via the internet, the commission's director of the
service monitoring and enforcement department or the director's designee
and the Ohio consumers' counsel at least two days in advance of
all: (a) Planned outages affecting one hundred customers or ten per
cent of the systems customers whichever number is smaller and expected
to last over four hours; (b) Major operational events; or (c) Planned/routine annual/semi-annual main
flushings. (2) Each waterworks
company and/or sewage disposal system company shall notify affected customers
at least three days in advance of any planned outages or planned main
flushings. The notice shall be given to the customer(s), delivered in writing,
or by notice printed in a newspaper of general circulation serving the
community or by an obvious sign posting in the company's affected service
territory. Two days advance notice shall be permitted if delivered
electronically to the commission's staff and the Ohio consumers'
counsel and delivered telephonically to customers. The notice shall state the
date and estimated duration of the outage or flushing for affected area(s) and
a local or toll-free telephone number that customers may call with questions.
If a waterworks company and/or sewage disposal system company has a web site,
then it must post on its web site any planned outage by the date of the
outage.
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Rule 4901:1-15-11 | Access to customer's premises.
Effective:
March 24, 2003
(A) No tariffs of waterworks companies and/or sewage disposal system companies shall contain provisions by which a company, its employees, or agents have or will claim the right to enter into the dwelling or structure of any customer except by permission granted by a person holding himself or herself as being responsible for the dwelling or structure. (B) This rule shall not be construed to prevent a company from discontinuing service, as specified in rule 4901:1-15-27 of the Administrative Code, to a customer for the unreasonable denial of access to a dwelling or structure required for the rendering of utility service in accordance with a company's tariff approved by the commission. This rule also shall not be construed as limiting or eliminating property rights granted to waterworks companies and/or sewage disposal system companies by easements or other estates or interests in land. (C) Any employee or agent of a company seeking access to the dwelling or structure of a customer shall voluntarily identify himself or herself, provide proper company photo identification, and state the reason for the visit. The employee or agent shall, in all cases, direct himself or herself to a person holding himself or herself as being responsible for the dwelling or structure. Entrance will not be sought or gained by subterfuge or force.
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Rule 4901:1-15-12 | Emergency operations.
Effective:
October 19, 2012
(A) Each waterworks company and/or sewage disposal system company shall make every reasonable effort to have on site, within twenty-four hours of a failure of any system component that would prohibit the company from providing service to any of its customers, necessary back-up equipment to keep its system in operation. The company shall maintain a current inventory record and a list of sources of back-up equipment. (B) Each waterworks company and/or sewage disposal system company shall have posted both in its plant(s) and office(s) a list of procedures to be followed in the event of a failure of its system as described in paragraph (A) of this rule. The names, addresses, and telephone numbers of key operating personnel and contractors shall be posted in a conspicuous area. This list shall be updated at least annually and be available to the commission. (C) Each waterworks company and/or sewage disposal system company shall have a twenty-four hour local or toll-free emergency telephone number published in the local telephone directory applicable to the local service territory under the company name by which company operating personnel can be readily reached. (D) Each waterworks company and/or sewage disposal system company shall make every effort to avoid service outages. When an outage occurs, service shall be restored as quickly as possible, consistent with safe procedures. (E) In the event of an unplanned service outage affecting one hundred customers or ten per cent of the system's customers, whichever number is smaller, and expected to last over four hours, or a major operational event, each waterworks company shall promptly notify the commission's director of the service monitoring and enforcement department or the director's designee. The notification, either in hard copy or via the internet electronically, shall include, but not be limited to, the system affected, outage location, estimated number of customers affected, the steps taken to notify the affected customers, action taken or to be taken to restore service, and the approximate time when service will be restored. The company shall update the commission's director of the service monitoring and enforcement department or the director's designee of the situation and indicate the approximate length of time it will take to restore service and any boil advisory information. (F) In the event of a sewerage back-up in a collection main, or a major operational event, each sewage disposal system company shall promptly notify the commission's director of the service monitoring and enforcement department or the director's designee. The notification shall include, but not be limited to the system affected, back-up location, estimated number of customers affected, action taken or to be taken to eliminate the back up, and the approximate length of time when the back-up will be eliminated. The required notification shall be provided either in hard copy or electronically via the internet.
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Rule 4901:1-15-13 | Construction work near a waterworks company's and/or sewage disposal system company's facilities.
Effective:
November 2, 2017
All waterworks companies and sewage disposal system
companies shall comply with Chapter 3781. of the Revised Code, concerning the
underground utility facility protection service.
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Rule 4901:1-15-14 | Records and reports.
Effective:
November 2, 2017
(A) Unless otherwise authorized by the
commission, all records required by these rules shall be made available to the
commission or its authorized representatives within ten business days of the
date requested. (B) Access to records and business
activities includes such records and activities as would allow the commission
staff to effectively monitor Ohio-specific customer calls made to the
waterworks company and/or sewage disposal system company other than small
waterworks companies and/or sewage disposal system companies of fifteen
thousand customers or less. Access includes the ability of commission staff to
adequately monitor waterworks company's and/or sewage disposal system
company's customer call center interactions with Ohio customers either at
a location in Ohio or in a manner agreed to by the commission staff. Waterworks
companies and/or sewage disposal system companies shall provide access to staff
to monitor customer/consumer calls without the customer service
representative's knowledge of the monitoring. (C) All customer service, financial, operating, and maintenance
records, including but not limited to interruptions, outages, main flushings,
pertinent service-related tests, and other records of waterworks companies
and/or sewage disposal system companies, shall be retained as set forth in this
rule and in appendix A to rule 4901:1-9-06 of the Administrative
Code. (D) Each waterworks company and/or sewage disposal system company
shall keep a customer record showing revenues by customer account, billing
dates, meter reading data when applicable, a designation of the applicable rate
schedule, and any additional information required in the computing of bills.
The customer record shall also illustrate, by customer account, the revenues
generated by each miscellaneous charge. Such record(s) shall be retained for a
minimum of three years. (E) Each waterworks company and/or sewage disposal system company
shall investigate and maintain a record of all consumer complaints made either
in person, in writing, or by telephone. The record shall include the name and
address of the customer or consumer, identification of the specific water
and/or wastewater system serving the customer or consumer, the date and nature
of the issue, and the date and nature of the resolution. Such record(s) shall
be retained for a minimum of three years. (F) Waterworks company and/or sewage disposal system company
operation records: (1) Each waterworks
company shall maintain a record of the amount of water pumped into the
distribution system each day. Each sewage disposal system company shall
maintain a record of the amount of wastewater effluent discharged from the
plant. The daily records shall be summarized by months and the records and
monthly summaries shall be retained for a minimum of three years. (2) Each waterworks
company and/or sewage disposal system company shall keep a current maintenance
log of equipment pertaining to production, treatment, distribution, storage,
and collection facilities, specifying type and date of
maintenance. (3) Each waterworks
company and/or sewage disposal system company shall keep a record of the
operation of its plant, which so far as practical, shall show such details of
plant operation as may be necessary to substantially reproduce the daily
history of its operation. The records shall be maintained in accordance with
rule 4901:1-9-06 of the Administrative Code. (4) Each waterworks
company shall maintain records of flushing which include, but are not limited
to: (a) Date of flushing. (b) Location of flushing. (c) Duration of flushing. (d) Maintenance or repair made or needed of flushing
facilities. (G) Engineering maps and records: (1) Each waterworks
company and/or sewage disposal system company shall maintain current service
territory maps. (2) Each waterworks
company shall maintain current service area maps, drawings, and other records
illustrating the location of all pumping stations, sources of supply, treatment
facilities, storage facilities and their capacity, mains, valves, curb stops,
pressure gauges, fire hydrants, and the date of construction of all principal
items of plant and extensions of mains. (3) Each sewage disposal
system company shall maintain current service area maps, drawings, and other
records illustrating the location of all points at which effluent enters
streams or watersheds, lift stations, manholes, treatment facilities,
collection lines, and the date of construction of all principal items of plant
and extensions of mains. (H) Quarterly operating reports Each waterworks company and/or sewage disposal
system company shall provide to the commission's director of the service
monitoring and enforcement department or the director's designee a
quarterly operating report for each of its systems containing system
performance information, system maintenance information, and customer service
information. Forms for such reports shall be provided by the director upon
request. The required reports shall be provided either in hard copy or
electronically via the internet in a manner prescribed by the
commission.
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Rule 4901:1-15-15 | Minimum contents of a waterworks company and/or sewage disposal system company tariff.
Effective:
October 19, 2012
(A) As a part of its tariff(s), each waterworks company and/or sewage disposal system company shall maintain on file with the commission all of the following: (1) The items required by section 4905.30 of the Revised Code. (2) A statement that nothing within the company's tariff shall take precedence over the rules set forth in this chapter, unless otherwise specifically ordered by the commission pursuant to rule 4901:1-15-02 of the Administrative Code. (3) A table of contents. (4) A complete tariff subject index in alphabetical order, showing the organization of the tariff and the effective date of each subject. (5) A definition section with the words or phrases to be defined in alphabetical order. (6) Rate schedule(s) and miscellaneous charge(s). (7) A copy of each type of application-for-service form used by the company. (8) Rules and regulations under which service is furnished shall include, but not be limited to: (a) Provisions addressing company service lines. (b) Provisions addressing customer service lines. (c) Disconnect and reconnect provisions. (d) Service connection and tap-in provisions. (e) Meter installation, if applicable. (f) Curb stops, main extensions, and access to premises. (g) Complaints. (9) Provisions addressing bills and payments which shall include, but not be limited to, billing intervals and procedures, due date(s), and late payment procedures. (10) Provisions addressing contracts for service which shall include, but not be limited to, contracts for service, special contracts, temporary service, and customer deposits. (11) Map(s) which define the service territory of the company. (B) The tariffs of each waterworks company and/or sewage disposal system company must be printed on paper which is eight and one half inches by eleven inches nominal size, printed on one side only, and on white, hard paper of good quality. Colored paper is not acceptable. Typewritten sheets, or those carrying pen and/or ink notations are not acceptable. All tariffs must be legible. Tariffs may be filed by electronic media. (C) Each tariff sheet of the tariffs of each waterworks company and/or sewage disposal system company shall contain all of the following: (1) Company name at top left page. (2) P.U.C.O. number at top center page. (3) Sheet and revision numbers at top right page. Section number, where applicable, shall appear below sheet and revision numbers. (4) Issued date at bottom left page. (5) Authorizing docket case number, and date of the commission order approving the tariff or revision at bottom center page. (6) "Issued by" statement at bottom center page. (7) Effective date at bottom right page. (D) A copy of each type of bill form used by the company and a copy of the company's notification of customer rights shall be maintained on file with the commission and include the date of filing at the bottom of the documents. The documents shall be attached to the back of the company's tariff(s). The attachment shall not be considered an official part of the tariff and, therefore, shall not bear any tariff page markings.
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Rule 4901:1-15-16 | Notification of customer rights.
Effective:
November 2, 2017
(A) Each waterworks company and/or sewage
disposal system company shall provide, at the time service is initiated, to new
customers and upon the request of an existing customer a summary of their
rights and obligations under these rules. The notice shall include current
information, be in plain language, and shall be delivered to customers
separately by mail or in person. Electronic notice shall be provided, if
requested by the customer. The notice shall include, but not be limited to, all
of the following: (1) A description of the complaint
procedures available at the waterworks company and/or sewage disposal system
company and the commission. The notice shall clearly state the means by which a
complaint can be made to the company, including a local or toll free telephone
number. The notice shall further include the following statement: If your complaint is not resolved after you
have called (name of utility), or for general utility information, residential
and business customers may contact the public utilities commission of Ohio PUCO
for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m.
weekdays, or http://www.puco.ohio.gov. Hearing or speech impaired customers may
contact the PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.occ.ohio.gov. (2) A listing of the rights and
obligations of customers relating to the installation of service, payment of
bills, disconnection of service, reconnection of service, and testing of meters
and of the utility's business office and availability of customer
representatives. (3) A description of the customer's
rights regarding the holding and demanding of security deposits by the company;
and any other methods used by the company to establish a residential
customer's creditworthiness, as set forth in the company's tariff and
in Chapter 4901:1-17 of the Administrative Code. (4) A statement that the customer has a
right to see a proper company photo identification whenever company employee(s)
or agent(s) seek access to the customer's premise(s). (5) A statement that the company's
rates, rules, and regulations (tariff) are available for review upon
request. (6) Customer notification of the
availability of a medical certificate. (7) A statement that the commission has
adopted a comprehensive set of minimum standards for waterworks companies
and/or sewage disposal system companies, as set forth in this chapter which is
available from the company or from the commission for review upon
request. (B) A waterworks company and/or sewage
disposal system company that initiates or changes its notification of customer
rights under these rules, shall file the proposed notification with the
commission for approval. If the commission does not act upon a waterworks
company's and/or sewage disposal system company's proposed
notification of customer rights within forty-five days, it shall become
effective on the forty-sixth day after the initial filing is made with the
commission. Approved notifications of customer rights shall be filed with the
commission in the company's "TRF" docket.
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Rule 4901:1-15-17 | Business offices.
Effective:
October 19, 2012
(A) All waterworks companies and/or sewage disposal system companies shall provide both an address to which a customer may write and a local or toll-free number a customer may call to obtain information relating to services, rates, and the customer's bill. (B) All waterworks companies and/or sewage disposal system companies shall maintain a staffed business office located in the customer's local service territory or provide a knowledgeable company representative with the authority to resolve disputes, to meet, by timely appointment, with customers in their local service territory to discuss billing- or service-related concerns. (C) Each waterworks company and/or sewage disposal system company shall notify its customers, the commission, and the Ohio consumers' counsel of any planned change of address or telephone number of the company at least thirty days prior to the change. If a waterworks company and/or sewage disposal system company has a web site, then it must post on its web site any planned change of address or change of telephone number of the company by the date of the change. In the event of an unplanned change, the company shall notify the commission and the Ohio consumers' counsel immediately, change its website as soon as practicable, and notify its customers as soon as possible, but not later than thirty days after it has notified the commission. The required notifications to the commission and the Ohio consumers' counsel shall be provided either in hard copy or electronically via the internet in a manner prescribed by the commission. (D) An authorized agent is any individual or business designated by the waterworks company and/or sewage disposal system company to act as its representative in the conduct of its business, including the collection of monies and the issuance of receipts for payments of bills. When a customer pays a bill at the waterworks company and/or sewage disposal system company business office or to an authorized agent, that payment, including any partial payment, shall be credited to the customer's account as of the date it was received by the waterworks company and/or sewage disposal system company or an authorized agent. Any charge or fee added to a customer's bill by an authorized agent must be reasonable. Each waterworks company and/or sewage disposal system company shall maintain records of such charges or fees for two years and make the records available to the commission upon request.
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Rule 4901:1-15-18 | Public information.
Effective:
August 22, 2008
(A) Each waterworks company and/or sewage disposal system company shall provide to the customer within ten business days after the request, each of the following: (1) Rules of Chapter 4901:1-15 of the Administrative Code, that pertain to the customer's concern. (2) Publicly announced information concerning present and intended future availability of services. (3) Services and rates as proposed in pending tariff(s) or rate case filing(s). (4) All tariffs and rules applicable to the customer's concern in the company's service area. (Upon agreement with the customer, a company may provide the information on its web site or by e-mail.) (B) Each waterworks company and/or sewage disposal system company shall make available, immediately upon inquiry, the current telephone number(s) and address(es) of the agency(ies) regulating the company.
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Rule 4901:1-15-19 | Meter reading, inspecting, testing, and the location of meters.
Effective:
August 22, 2008
(A) This rule only applies to waterworks companies and/or sewage disposal system companies providing metered service. Each company shall read customer meters at least once during a three-month period unless access to the meter is unobtainable. If access to a meter is unobtainable on a quarterly basis, then each company must read each customer's meter at least once per year. The reading of a generator-type or pulse-type remote meter device does not satisfy this requirement. (B) Inspecting and testing (1) All billing meters and testing equipment shall comply with the industry accuracy standards such as those set forth by the American water works association. (2) Each company shall perform routine testing of billing meters and maintain records of individual meters. Such records shall contain numerical identification of the meter, meter size, testing conditions, test results, testing date, and name of the meter tester. (3) Each company shall perform either an on-site or bench meter test once every three years, without charge, if requested by the customer. The meter test shall be performed within thirty days from the request. The company may request a reasonable justification for a meter test. Results of an on-site meter test shall be provided to the customer at the time of the test. Should the on-site meter test indicate primary meter inaccuracy, the primary meter shall be removed and bench tested in accordance with the accuracy standards set forth in paragraph (B)(1) of this rule. If an on-site meter test is conducted or, if the primary meter is removed for off-site testing, the company shall provide the customer the test results and any associated billing adjustments in writing. If the primary meter fails to meet the accuracy standards, the company shall, within thirty days, perform any necessary billing adjustments. Additional customer requested meter tests within a three-year period shall be at the expense of the customer if the meter is found to be accurate. (4) The company may test any meter at its discretion. The cost of such test shall be borne by the company. (5) The customer has the right to be notified of the scheduled test date and, at the customer's request, the customer or the customer's representative may be present when the meter test is performed. (6) Records of all tests shall be maintained for a period of not less than three years. (C) Location of meters (1) The company shall have the right to determine the location of the meter so that it is easily accessible for reading and maintenance, and protected from freezing and mechanical damage. (2) When a number of meters are grouped, every meter shall be tagged to indicate the particular customer served by it. (3) When a meter is located inside a home or other building, the company may install a remote register or dial on the exterior of the home or other building.
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Rule 4901:1-15-20 | Quality and adequacy of service.
Effective:
November 2, 2017
(A) Each waterworks company and/or sewage disposal system company
shall provide service to the public in its service territory twenty-four hours
per day, every day, except as provided for elsewhere in this
chapter. (B) Each waterworks company and/or sewage disposal system company
shall: (1) Comply with its tariff(s) which shall be
approved by and on file with the commission. (2) Place the responsibility for the technical
operation and maintenance of the system(s) under the charge of an
"operator of record" who holds a certificate of a level at least
equal to that of the classification of the waterworks system and/or sewage
disposal system as designated by the Ohio environmental protection agency, or
has obtained authorization from the director of the Ohio environmental
protection agency. (C) Each waterworks company shall: (1) Furnish potable water that is of a safe and
satisfactory quality for all domestic use and that is in compliance with
federal and state requirements for drinking water. (2) Ensure that each service connection shall
have a curb stop or other means of isolating the service connection and that
each customer can be disconnected without affecting another
customer. (3) Maintain a minimum static pressure delivered
to the curb stop during normal operating conditions of thirty-five pounds per
square inch. (4) Not allow pressure to exceed one hundred
twenty-five pounds per square inch at the curb stop. (5) Minimize water loss in the water system
distribution system by operating a water loss control program meeting the
minimum criteria outlined herein. (a) For water systems that
have less than three thousand total active and inactive service connections,
the water company shall: (i) Calculate and determine water loss volume in
gallons per service connection per day per system average operating pressure
(gals/connection/day/psi) based on a rolling twelve month average in each of
its system(s) and report on the quarterly report. (ii) Establish a target water loss volume (TWLV)
in gallons per service connection per day per system operating pressure
(gals/connection/day/psi) for each of its system(s) based on a minimum of
twelve months of data. The TWLV shall be reviewed and approved by staff
annually. (iii) Determine the percentage of water loss from
the water system based on a rolling twelve month average in each of its
system(s) and report on the quarterly report. (b) The percentage of water
loss is the water loss volume divided by the total system delivery
volume. The water loss volume is the total system
delivery volume minus metered consumption volume minus non-metered water loss
volume. Where: (i) Total system delivery volume (in gallons) of
water delivered into the water distribution in gallons. (ii) Metered consumption volume (in gallons)
including both revenue and non-revenue water as measured by a metering
device (iii) Non-metered water loss volume (in gallons)
includes water usage for firefighting purposes, flushing, tank draining, street
cleaning, sewer flushing, plant usage, and water loss from surfacing water
leaks repaired within five days of becoming aware of the water
leak. (c) When the water loss
percentage is greater than fifteen per cent, the water company
shall: (i) Determine the economic level leakage and
develop a water loss remedial program based on the economic level leakage to
achieve a water loss equal to or less than fifteen per cent or shall justify
for staff's approval a more economically realistic goal based on a
cost/benefit analysis. (ii) Determine the economic level leakage and
develop a water loss remedial program based on the economic level leakage to
achieve a specific water loss volume per connection per day per psi for
staff's review and approval. (d) For water systems with
more than three thousand total service connections or a service connection of
more than sixteen service connections per mile of distribution main, the water
company shall: (i) Calculate the infrastructure leakage index
(ILI) annually using the American water works association's "M36
Water Audits and Loss Control Programs" (fourth edition, 2016)
software. (ii) Utilize preliminary target ILI's
established by commission staff for each system based on criteria set forth in
the American water works association's "M36 Water Audits and Loss
Control Programs" (fourth edition, 2016). The preliminary target ILI may
be adjusted based on the calculated economic level of leakage when a
system's annual ILI exceeds or is equal to the preliminary target ILI.
(iii) Determine the economic level of leakage and
develop a water loss remedial program based on the economic level of
leakage. (iv) Not be required to
calculate the economic level of leakage when the calculated annual ILI for a
system is equal to or less than 3.0. (e) Water systems shall
only be required to decrease system water loss to the economic level of
leakage. (f) Submit an annual water
loss control program report documenting the requirements above to the
commission with supporting documents by March thirty-first of the year
following the reporting year. (D) Each sewage disposal system company shall: (1) Make all reasonable efforts to design,
operate, and maintain its system so as to avoid at all times any blockage in
the system. (2) Make every effort to eliminate infiltration
that may allow flows other than wastewater to enter the collection
system. (3) Maintain its system in a safe and sanitary
manner. (E) When a waterworks company and/or sewage disposal system
company is not able to meet the requirements of Chapter 4901:1-15 of the
Administrative Code, the company shall notify the director of the service
monitoring and enforcement department or the director's designee
immediately, unless otherwise provided in Chapter 4901:1-15 of the
Administrative Code, after the company becomes aware of its inability to meet
these standards. The company shall investigate, take appropriate corrective
action, and provide a report of such activities to the commission's
director of the service monitoring and enforcement department or the
director's designee within thirty calendar days after originally notifying
the commission. The required notification and report shall be provided either
in hard copy or electronically via the internet in a manner prescribed by the
commission.
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Rule 4901:1-15-21 | Service applications and contracts.
Effective:
August 22, 2008
(A) Any waterworks company and/or sewage disposal system company that offers customers or potential customers contracts in writing, or by telephone, or by making application through the company's web site shall not obligate the customer to do more than the following: (1) Accept the service applied for. (2) Use and pay for such service in accordance with specific conditions set forth on the form or in the company's tariff. (B) A company that chooses to offer customers an application for service through its web site, and requires these customers to provide proprietary information, shall ensure that the web site is secure. The customer must also be provided with the option to print a copy of the application. (C) In addition, the following statement shall appear on the company's application form, or on applications made available through the company web site. Customers or potential customers applying for service by telephone do not waive any of the below stated rights. "Signing of this form by a customer for water or sewer service shall in no case be deemed to constitute a waiver by the customer of any rights or privileges granted or guaranteed to him/her by the laws or constitution of the state of Ohio or by those of the United States." This statement shall be positioned on the form directly above the space provided for the customer's signature and, shall be in type larger than that used in other parts of the form.
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Rule 4901:1-15-22 | Liability - customer to company and/or company to customer or others.
Effective:
March 24, 2003
No tariffs of a waterworks company and/or sewage disposal system company shall incorporate exculpatory clauses, which purport to limit or eliminate liability on the part of the company to its customers or others as a result of willful misconduct. No waterworks company and/or sewage disposal system company tariffs shall incorporate provisions which purport to establish liability on the part of the company's customers for acts or failures to act involving a company's facilities, which are beyond the control of the customer. Any contrary provisions in waterworks company and/or sewage disposal system company tariffs now on file with the commission shall be eliminated.
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Rule 4901:1-15-23 | Customer bill format.
Effective:
November 2, 2017
(A) Each customer bill shall be accurate
and rendered at regular intervals and contain the following
information: (1) Customer name, billing address,
service address, and account number. (2) Company name, telephone number(s),
and mailing address. (3) Address or P.O. box where payment may
be made. (4) Billing date. (5) Payment due date. (6) Amount due if paid on or before due
date. (7) Amount due if paid after due
date. (8) Miscellaneous charges and credits, if
any. (9) If metered service is provided,
previous and current meter readings and billed volume. (10) Dates of service covered by
bill. (11) The applicable rate schedule or a
statement to the effect that the applicable rate schedule will be furnished on
request. (12) A distinct marking to identify an
estimated bill. (13) The current local or toll free
telephone number of the commission's call center or the following
statement for all waterworks companies and sewage disposal system companies
that serve fifteen thousand or more customers, (companies that serve less than
fifteen thousand customers, shall work with staff): "If your complaint is not resolved after
you have called (name of provider), or for general utility information,
residential and business customers may contact the public utilities commission
of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to
five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired
customers may contact the PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC)
represents residential utility customers in matters before the PUCO. The OCC
can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m.
weekdays, or at http://www.occ.ohio.gov." (B) A waterworks company and/or sewage
disposal system company that initiates or changes its customer bill format
under this chapter shall file the proposed sample bill format with the
commission for approval. If the commission does not act upon a waterworks
company's and/or sewage disposal system company's sample bill format
within forty-five days, it shall become effective on the forty-sixth day after
the initial filing is made with the commission. Approved bill formats shall be
filed with the commission in the company's "TRF"
docket.
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Rule 4901:1-15-24 | Billing and billing adjustments.
Effective:
August 22, 2008
(A) All bills shall be mailed or, if requested by the customer, e-mailed no later than the billing date. (B) All bills and notices shall be sent to the premises served unless otherwise requested by the customer in writing or unless e-mail notices have been requested by the customer. (C) If a meter is found to be inaccurate or an estimated bill is issued, the bill shall be based on average historical consumption during corresponding periods for that specific customer. If consumption history for the customer does not exist, the same system class average consumption shall be used. (D) If a bill is found to have been improperly calculated, a credit or charge shall be made by the company within thirty days or on the next bill. (E) The company shall allow a customer up to the same period of time for which the customer was previously undercharged to pay any additional charges found proper due to inaccurate meters or incorrect bill calculation, unless the inaccuracy is caused by the customer.
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Rule 4901:1-15-25 | Payment responsibilities.
Effective:
March 24, 2003
Failure to receive bills or notices shall not relieve the customer of responsibilities or obligations set forth in the bills or notices.
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Rule 4901:1-15-26 | Past due bills.
Effective:
August 22, 2008
(A) All bills shall be due not less than fourteen days from the billing date as shown on the bill. The billing date shall be no earlier than the postmark on the billing mailer or, if e-mailed, the date that the e-mail is sent. If not paid by the due date shown on the bill, the bill will be considered past due and may be subject to a late payment charge, if any, as set forth in the company's tariff(s) and as approved by the commission. (B) The amount or percentage and terms of any late payment charge shall be set forth in the company's tariff(s) as approved by the commission. (C) Service shall be subject to disconnection for nonpayment. The disconnection notice shall conform to the provisions of rule 4901:1-15-27 of the Administrative Code.
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Rule 4901:1-15-27 | Disconnection procedures.
Effective:
November 2, 2017
(A) Service may not be refused or
disconnected to any customer or refused to any applicant for service unless the
company complies with all of the disconnection procedures contained in this
rule. Service shall not be disconnected to any customer unless the
disconnection conditions in this rule may be specifically applied to that
customer. (B) Service may be refused or
disconnected to any customer or refused to any applicant for service as stated
in this paragraph. In an instance where a customer's service could be
disconnected under more than one of the following conditions, the minimum
notice provision (which includes no notice) will be provided. (1) No notice is required
in any of the following instances: (a) For tampering with any main, service line, meter, curb stop,
curb box, seal, or other appliance under the control of, or belonging to, the
company. (b) For connecting the service line or any pipe directly or
indirectly connected to it with any other source of supply or with any
apparatus which may, in the opinion of the company, contaminate the
company's water supply or threaten the integrity of the
system. (c) For any other violation of or failure to comply with the
regulations of the company which may in the opinion of the company or any
public authority, create an emergency situation. (2) The customer must be
given not less than twenty-four hours written notice before service is
disconnected when any of the following conditions exist: (a) For the use of water for any purpose not stated in the
application, or for the discharge of any type of sewage not stated in the
application, or for the use of either service upon any premises not stated in
the application. (b) To prevent waste or reasonably avoidable loss of
water. Personal delivery of the notice to the
customer's premise shall first be attempted. If personal service cannot be
accomplished at that time, then the notice shall be securely attached to the
premises in a conspicuous manner. (3) The customer must be
given not less than fourteen days written notice before service is disconnected
when any of the following conditions exist: (a) For nonpayment of any tariffed charges when due or within any
additional period for payment permitted by the company, or for not making a
deposit as required. Disconnection of service for nonpayment may not occur
prior to fourteen days after the due date. (b) For any violation of, or failure to comply with, the
regulations of the company other than stated in paragraph (B)(1) of this
rule. (c) For misrepresentation in the application as to any material
fact. (d) For denial to the company of reasonable access to the
premises for the purpose of reading, inspection, replacement, or maintenance of
the meter. (e) For violation of federal, state, or local laws or ordinances
where such violation affects the provision of utility service by a waterworks
company and/or sewage disposal system company. (C) Service may not be refused or
disconnected to any customer or refused to any applicant for service for any of
the following reasons: (1) Failure to pay for
service furnished to a customer(s) formerly receiving service at the premises,
unless the former customer(s) continues to reside at the premises. (2) Failure to pay for a
class of service different from the service provided for the account in
question. (3) Failure to pay any
amount which, according to established payment dispute and resolution
procedures, is in bona fide dispute. (4) Failure to pay any
charge not specified in the company's tariff. (D) A notice of disconnection shall
clearly state all of the following: (1) The earliest date
when disconnection could occur. (2) The reason(s) for
disconnection. (3) The action the
customer must take in order to avoid the disconnection. (4) The total amount
required to be paid, which shall not be greater than the past due
balance. (5) The address and local
or toll-free telephone number of the office of the waterworks company and/or
sewage disposal system company that the customer may contact in reference to
his or her account. (6) The current address
and local or toll-free telephone number of the commission's call center
and a statement that commission staff is available to render assistance with
unresolved complaints, as well as the contact information for the Ohio
consumers' counsel and a statement that it is available to render
assistance with unresolved complaints of residential customers. (7) A statement that
failure to pay the amount required by the date specified on the notice may
result in an additional charge for reconnection. (8) As applicable, a
statement that there is a dishonored payment balance on the account and that
the company may deny the customer's use of medical certificates if that
balance is not paid. (E) If a landlord is responsible for
payment of the bill, notice of disconnection of service shall be given to the
consumer at least ten days before disconnection could occur. In a multiunit
dwelling, written notice shall be placed in a conspicuous place. (F) The company shall provide
disconnection of service notice to one additional consenting party, with the
customer's written authorization, for those customers desiring such
additional notification. (G) A waterworks company and/or sewage
disposal system company complying with the conditions set forth in this rule
may disconnect service during its normal business hours as stated in its
tariff; however, no disconnection for past due bills or for not making a
deposit as required may be made after twelve thirty p.m. on the day preceding a
day that all services necessary for reconnection are not regularly performed or
available. (H) On the day of disconnection of
service, the company shall provide the customer with personal notice. If the
customer is not at home, the company shall provide personal notice to an adult
consumer. If neither the customer nor an adult consumer is at home, the company
shall attach written notice to the premises in a conspicuous location prior to
disconnecting service. Those company employees or agents who disconnect service
at the premises may or may not, at the discretion of the company, be authorized
to make extended payment arrangements. Company employees or agents who
disconnect service shall be authorized to complete one of the
following: (1) Accept payment in
lieu of termination. (2) Dispatch an employee
to the premises to accept payment. (3) Make available to
the customer a means to avoid disconnection. (I) Waterworks and sewage disposal system
companies shall comply with the following medical certification
provisions: (1) In accordance with
the certification requirements of this rule, the company shall not disconnect
residential service for nonpayment for either of the following
situations: (a) If the disconnection of service would be especially
dangerous to the health of any consumer who is a permanent resident of the
premises. (b) When the disconnection of service would make operation
of necessary medical or life-supporting equipment impossible or
impractical. (2) The medical condition
or the need for medical or life-supporting equipment shall be certified to the
company by a licensed physician, physician assistant, clinical nurse
specialist, certified nurse practitioner, certified nurse mid-wife, or local
board of health physician. (3) The company shall act
in accordance with the following medical requirements: (a) Upon request of any residential consumer, the company shall
provide a medical certification form to the customer or to any health care
professionals identified in paragraph (I)(2) of this rule. The company shall
use the medical certification form posted on the commission's
website. (b) The certification of the medical condition required by
paragraph (I)(1) of this rule shall be in writing and shall include the name of
the person to be certified; a statement that the person is a permanent resident
of the premises in question; the name, business address, and telephone number
of the certifying party; and a signed statement by the certifying party that
the disconnection of service will be especially dangerous to the health of the
a permanent resident of the premises. (c) Initial certification by the certifying party may be by
telephone if written certification is forwarded to the company within seven
calendar days. (d) Certification shall prohibit disconnection of service for
thirty calendar days. (e) If a medical certificate is used to avoid disconnection, the
customer shall enter into an extended payment plan prior to the end of the
medical certification period or be subject to disconnection. The initial
payment on the plan shall not be due until the end of the certification
period. (f) If service has been disconnected for nonpayment within
twenty-one calendar days prior to the certification of either a special danger
to the health of a qualifying resident or the need for medical or
life-supporting equipment, the company shall restore service to the residence
once the certifying party provides the required certification to the company
and the customer agrees to an extended payment plan. (g) If certification is provided to the company prior to
three-thirty p.m., the company shall restore the customer's service within
the same day. If the certification is received after three-thirty p.m., the
company shall reconnect service by the earliest time possible on the following
business day. Also, if the certification is received after three-thirty p.m. on
a day that precedes a day on which all services necessary for the customer to
arrange and the company to perform reconnection are not regularly performed,
the company shall make an effort to restore service by the end of the
day (h) A customer may renew the certification two additional
times (thirty days each) by providing additional certificates to the company.
The total certification period may not exceed ninety days per household in any
twelve-month period. (4) The company shall
give notice of the availability of medical certification to its residential
customers by means of bill inserts or special notices. (5) If there is an
outstanding balance for a dishonored payment on the customer's account,
the company may refuse the medical certification, so long as notice has been
given to the customer in accordance with paragraph (D) of this
rule. (J) Each company shall maintain records that clearly set
forth the basis for its decision to terminate service for a fraudulent act,
tampering, unauthorized reconnection, or theft of service, and the steps taken
under this rule.
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Rule 4901:1-15-28 | Reconnection of service.
Effective:
November 2, 2017
(A) A waterworks company and/or sewage
disposal system company shall reconnect previously disconnected service, unless
prevented by circumstances beyond the company's control, or unless a
customer requests otherwise, by the close of the following regular company
business day after any of the following: (1) Receipt by the
company of the full amount of arrears for which service was disconnected,
including any required deposit or reconnection charge. (2) The elimination of
conditions that warranted disconnection of service. (3) Agreement by the
company and the customer on a deferred payment plan and a payment, if required
under the plan. (B) If service is discontinued and the
customer wishes to guarantee the reinstatement of service the same day on which
payment is rendered, both of the following conditions apply: (1) If reinstatement of
service is requested the same day, the customer must notify the company no
later than twelve thirty p.m., and the customer must make payment in the
company's business office or provide proof of payment. (2) The company may
require that the customer sign an agreement to pay the company's incurred
costs for reinstatement of service if it occurs after normal company business
hours. This fee shall be collected at the time reinstatement of service
arrangements are made or rendered with the customer's next billing at the
company's discretion. (C) If a guarantor is required in order
to reestablish service, the guarantor must sign an acknowledgement of
willingness to accept the responsibility for payment of the customer's
bill in case of the customer's default. (D) A waterworks company and/or sewage
disposal system company may not insist upon payment of any current bill,
excluding any reconnection charge, before restoring service under this rule
unless that bill is more than fourteen days past due. (E) Notwithstanding the foregoing paragraphs, if a sewage
disposal company has physically disconnected the service line from the
collection main, or if reconnection otherwise requires excavation or
installation of a service line, reconnection shall be performed as soon as
practicable.
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Rule 4901:1-15-29 | Relationships with nonutility entities.
Effective:
August 22, 2008
(A) Owners, directors, officers, or employees of a waterworks company and/or sewage disposal system company may not use their utility position as a means to benefit themselves financially by providing service to a customer through a nonutility entity, unless they disclose to the customer the nature of their interest in the nonutility entity providing the service and the customer has the option of selecting an alternative entity to perform or provide the service. (B) Where installation of service facilities is performed, not by a waterworks company and/or sewage disposal system company itself, but in whole or in part, by a nonutility entity in which any of the waterworks company and/or sewage disposal system company's owners, directors, officers, or employees has an interest, the waterworks company and/or sewage disposal system company must include in the notification to its customers required by rule 4901:1-15-16 of the Administrative Code, a disclosure of the nature of the relationship which exists between the company and the nonutility entity. Such disclosure must also be made by the utility to a customer when a request to install or provide utility service is initiated. (C) Where installation of service facilities is performed, not by a waterworks company and/or sewage disposal system company itself, but in whole or in part, by a nonutility entity in which any of the waterworks company and/or sewage disposal system company's owners, directors, officers, or employees has an interest, the contract for performance by the nonutility entity, and all billing and collection pursuant to such contract, shall be between the entity performing the installation and the customer requiring installation of the service facilities, and not between the waterworks company and/or sewage disposal system company and either its customer or the nonutility entity performing the work. (D) A waterworks company and/or sewage disposal system company may administer fees relating to the installation of service facilities when such installation is not performed by the company. Such fees shall be tariffed fees and shall be charged directly to the customer regardless of which nonutility is chosen to perform such installation.
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Rule 4901:1-15-30 | Main extensions and related facilities.
Effective:
August 22, 2008
If a waterworks company and/or sewage disposal system company enters into a main extension agreement, the following provisions shall constitute the standards for the extension of water mains and sewer mains and related facilities by a company. These provisions are not intended to prohibit the extension of water mains and sewer mains and related facilities at the initiative of the waterworks company and/or sewage disposal system company. (A) All agreements entered into concerning main extensions, related facilities or both, funded by contributions in aid of construction, advances in aid of construction, or some combination of both, shall be in writing and signed by the company and the parties involved or the duly authorized agents of each. These written agreements shall embody in their terms and conditions the provisions of this rule. (B) Waterworks companies and/or sewage disposal system companies shall extend mains and related facilities to serve new customers subject to the provisions of this rule. (C) As used in this rule: (1) "Main extension" means an extension, including any fire hydrants if fire protection is provided by the waterworks company, from the nearest existing adequate main along a route determined in accordance with reasonable utility engineering practices to a point perpendicular to the most remote structure to be served fronting the main extension. (2) "Related facilities" means all fittings, valves, connections, and other facilities associated with the main extension and required in accordance with reasonable utility engineering practices to provide service to a point perpendicular to the most remote structure to be served fronting the main extension. (D) Any main extensions and related facilities shall become the property of the waterworks company and/or sewage disposal system company. (E) The size, type, quality of material, and location of main extensions and related facilities shall be specified by waterworks company and/or sewage disposal system company, and construction shall be done by the company or by contractors acceptable to the company. (F) The design and route of main extensions shall be determined by the waterworks company and/or sewage disposal system company in accordance with generally accepted utility engineering practices. The length of the main extension shall be determined by measuring from the nearest existing adequate main along a route determined in accordance with generally accepted utility engineering practices to a point perpendicular to the most remote structure to be served fronting the main extension. (G) Prior to entering into an agreement concerning the extension of mains, related facilities or both, funded by contributions in aid of construction, advances in aid of construction, or some combination of both, a waterworks company and/or sewage disposal system company shall estimate the total of the costs of the main extension, related facilities, and tax or tax impact in accordance with this rule. Such estimate shall be included in the terms and conditions of the agreement. The company shall include in the estimate only that portion of the main extension and related facilities necessary, in accordance with reasonable utility engineering practices, to provide adequate service to the applicant, including provisions for public fire protection. If the company installs mains or related facilities with a capacity in excess of that required to provide adequate service to the applicant, the company shall bear the cost of such oversizing. (H) The main extension agreement shall embody one of the following methods of payment and the selection of the method shall be at the discretion of the company: (1) The applicant for a main extension shall be required to advance to the waterworks company and/or sewage disposal system company, before construction is commenced, the estimated total cost of the main extension, related facilities, and tax impact, if applicable. The tax impact shall be calculated by the following method: Tax impact = [C/(1-R)] - C C = Dollar value of taxable contribution or advance in aid of construction. R = Decimal equivalent of applicable marginal rate of federal income tax on value of taxable contributions and advances. The entire advance including any tax impact shall be subject to refund as provided in paragraph (K) of this rule. (2) The applicant for a main extension shall be required to advance to the waterworks company and/or sewage disposal system company, before construction is commenced, the estimated total cost of the main extension and related facilities. The cost of the extension and related facilities minus any tax shall be subject to refund as provided in paragraph (K) of this rule. The tax shall be calculated by the following method: Tax = C x R C = definition in paragraph (H)(1) of this rule. R = definition in paragraph (H)(1) of this rule. (I) All amounts over actual cost shall be refunded and all amounts under actual cost shall be paid within sixty days after completion of the extension. (J) When more than one applicant is involved, the amount of the advance in aid of construction shall be divided equally among the applicants unless otherwise agreed by the applicants. (K) Refunds of advances in aid of construction made pursuant to this rule shall be made in accordance with the following method. The waterworks company and/or sewage disposal system company shall pay each year to the party making an advance in aid of construction, or to that party's assignees or other successors in interest where the company has received notice of such assignment or succession, an amount equal to twenty per cent of the total gross annual revenue from water or sewage service to each bona fide customer, other than a subsequent applicant whose service line is connected to main or extension lines covered by the main extension agreement, for a period of not less than fifteen years. Agreements under this rule may provide that any balance of the amount advanced pursuant to the agreement remaining at the end of the fifteen-year period shall still remain payable, in whole or in part, and in such manner as is set forth in the agreement. A balance remaining at the end of the fifteen-year period shall otherwise become nonrefundable. (L) When more than one applicant is involved, the amount refunded shall be divided among the applicants in proportion to their original advance in aid of construction. (M) The aggregate refunds under this rule shall in no event exceed the total of the refundable advances in aid of construction. No interest shall accrue on any amounts advanced. (N) The commission will not approve the transfer of any certificate of public convenience and necessity where the transferor has entered into extension agreements, unless it is demonstrated to the commission that the transferor has agreed to satisfy the refund agreement, or that the transferee has assumed and has agreed to pay the transferor's obligation under the agreements. (O) A waterworks company and/or sewage disposal system company shall not be required to extend mains unless the prospective customer guarantees in writing, to the company that service will be accepted within thirty days following completion of the main extension, or such longer period as the company and the prospective new customer agree. (P) A waterworks company and/or sewage disposal system company shall provide temporary service, provided that the applicant for such service agrees in writing to pay in advance to the company the company's estimate of the cost of labor and materials less salvage value on removal for installing and removing such service.
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Rule 4901:1-15-31 | Subsequent connections, service connections, and tap-ins.
Effective:
August 22, 2008
(A) If and when at any time during the term of a main extension agreement involving refundable advances in aid of construction pursuant to rule 4901:1-15-30 of the Administrative Code, the owner (hereafter referred to as the subsequent applicant) of any lot abutting the main extension, who was not a party to the main extension agreement, requests service, the waterworks company and/or sewage disposal system company shall collect in advance from each such subsequent applicant funds equal to the total foot frontage of the lot to receive service multiplied by the per-foot frontage charge. (1) The per-foot frontage charge shall be determined by dividing the total refundable amount of the advance in aid of construction by the total foot frontage of the lots capable of receiving service from the extension. (2) In the event that the total of the amount already refunded under paragraph (K) of rule 4901:1-15-30 of the Administrative Code, plus the subsequent applicant's fee calculated under paragraph (A) of this rule exceeds the total refundable amount of the advance in aid of construction, the amount collected from the subsequent applicant shall be the difference between the total refundable amount of the advance in aid of construction and the cumulative amount refunded under paragraph (K) of rule 4901:1-15-30 of the Administrative Code. (3) The waterworks company and/or sewage disposal system company shall refund money collected pursuant to this paragraph to the parties to the main extension agreement, or to their assignees or other successors in interest where the company has received notice of such assignment or succession in proportion to their original deposits. This refund shall be in addition to that provided for in paragraph (K) of rule 4901:1-15-30 of the Administrative Code. (4) The waterworks company and/or sewage disposal system company shall enter into a written agreement with the subsequent applicant. (5) Refunds of subsequent applicant fees made pursuant to this rule shall be made in accordance with this method. The waterworks company and/or sewage disposal system company shall pay each year to the subsequent applicant, or to that party's assignees or other successors in interest where the company has received notice of such assignment or succession, an amount equal to twenty per cent of the total gross annual revenue from water or sewage service to each bona fide subsequent applicant whose service line is connected to main or extension lines covered by the main extension agreement. Refunds will terminate when the entire amount of the subsequent applicant's fee has been refunded or when the cumulative amount refunded pursuant to paragraph (K) of rule 4901:1-15-30 of the Administrative Code equals the refundable amount of the advance in aid of construction, or until fifteen years after the date of the main extension agreement, whichever is earliest. Agreements under this rule may provide that any unrefunded balance remaining at the end of the fifteen year period shall still remain payable, in whole or in part, and in such manner as is set forth in the agreement. A balance remaining at the end of the fifteen year period shall otherwise become nonrefundable. (B) Tariffs of waterworks companies and/or sewage disposal system companies may include provisions governing charges for service connections and tap ins, but in no event shall these provisions require anything more than reimbursement to the companies of the actual, out-of-pocket costs of connecting service.
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Rule 4901:1-15-32 | Uniform system of accounts for waterworks and sewage disposal companies.
Effective:
November 2, 2017
(A) The commission adopts the three
uniform systems of accounts prepared by the "National Association of
Regulatory Utility Commissioners," as described in paragraph (B) of this
rule, and requires all waterworks companies under its jurisdiction to conform
their accounting practices to the applicable uniform system. (B) Waterworks companies should use the
uniform systems of accounts that were adopted by the "National Association
of Regulatory Utility Commissioners" in 1973. The three systems of
accounts in the series are entitled: (1) "Uniform System
of Accounts for Class A and B Water Utilities," (utilities having annual
operating revenues of two hundred fifty thousand dollars or more). (2) "Uniform System
of Accounts for Class C Water Utilities," (utilities having annual
operating revenues of over fifty thousand dollars but less than two hundred
fifty thousand dollars). (3) "Uniform System
of Accounts for Class D Water Utilities," (utilities having annual
operating revenues of less than fifty thousand dollars). (C) The commission adopts the two uniform
systems of accounts prepared by the "National Association of Regulatory
Utility Commissioners" as described in paragraph (D) of this rule, and
requires all sewage disposal companies under its jurisdiction to conform their
accounting practices to the applicable uniform system. (D) Sewage disposal companies should use
the uniform systems of accounts that were adopted by the "National
Association of Regulatory Utilities Commissioners" in 1976 (classes A and
B) and 1977 (classes C and D). The two systems of accounts in the series are
entitled: (1) "Uniform System
of Accounts for Classes A and B Sewer Utilities 1976," (utilities having
annual sewer operating revenues of two hundred fifty thousand dollars or
more). (2) "Uniform System
of Accounts for Classes C and D Sewer Utilities 1977," (class C utilities
having annual sewer operating revenues of over fifty thousand dollars but less
than two hundred fifty thousand dollars and class D utilities having annual
sewer operating revenues of less than fifty thousand dollars).
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Rule 4901:1-15-33 | Complaints and complaint handling procedures.
Effective:
November 2, 2017
(A) Each waterworks company and/or sewage
disposal system company shall accept and process both oral and written
complaints. (B) Each company shall investigate each
complaint in a fair and complete manner and report the results to the customer,
either orally or in writing, within ten business days after the date of the
receipt of the complaint. (C) Complaint records will be kept in
accordance with paragraph (E) of rule 4901:1-15-14 of the Administrative
Code. (D) If the complainant is not satisfied
with the company's report(s), the company shall promptly inform the
customer of the availability of the commission's complaint handling
procedures, including the then current address and the local or toll-free
telephone number of the commission's call center. (E) Each company shall, in addition to
the requirements imposed by any other provisions of this chapter, make a fair
and complete investigation of any customer's complaint referred by the
commission. (F) Each company shall submit a report to
the commission within ten business days after the receipt of a commission
request for information concerning a complaint(s). The report shall outline the
company's investigation and any corrective measure(s) taken. The company
shall submit reports in writing upon commission request.
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Rule 4901:1-15-34 | Water conservation restriction regulation.
Effective:
November 2, 2017
(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.
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Rule 4901:1-15-35 | Information requirements for infrastructure improvement surcharge filings.
An application filed by a waterworks company and/or a sewage disposal system company for an infrastructure improvement surcharge under section 4909.172 of the Revised Code, should contain the basic information necessary to support the company's rate request and shall conform to the information filing requirements set forth in the appendix to this rule. If the company believes that additional information is necessary to support its case, the company should supplement its application as required to support its position. Also, the commission staff may require a company to supply information to supplement these requirements during the course of the staff's investigation.
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