A.
Applications for Service. An application for service may be made
by either the owner or occupant of the establishment to be served. If a new
service connection or other work on the owner's premise is required, the owner
must authorize the water utility to enter the premises to perform the necessary
work.
B.
Obligation to
Provide Service
A utility may not refuse to provide service to an applicant,
except as provided for below.
1.
Residential Applicants
A utility may deny service to a residential applicant who
fails to meet any of the following conditions.
a.
Payment of past overdue
amount. A utility may condition the granting of service on a residential
applicant paying a past overdue amount for basic service provided by that
utility if the applicant accrued the debt within the previous 6 years, provided
that:
i. If the utility is aware of the debt
before service is initiated, the utility must offer a payment arrangement to a
residential applicant on the undisputed overdue balance before service is
initiated; and
ii. If the utility
discovers the debt after it has granted service, the utility has 60 days from
the date of the applicant's request for service to provide written notice to
the customer of the outstanding debt and its intention to collect the
outstanding debt. If a utility does not notify the applicant of its intent to
collect the outstanding debt within the 60-day time period, the utility is
prohibited from transferring the debt to the applicant's current account. The
utility must allow the customer at least 30 days after receipt of the written
notice to pay the debt or enter into a payment arrangement. If the customer
fails to respond during this time period, the unpaid amount may be transferred
to the customer's current account and disconnection procedures may be initiated
for failure to pay or make a payment arrangement. A utility may demand payment
of a past overdue amount after the 60-day period has passed if the utility was
unable to discover evidence justifying the demand within the 60 days due to
either fraud or material misrepresentation by the
applicant.
b.
Payment of a Deposit. A utility may condition the granting of
service on the payment of a deposit pursuant to Section
7.
c.
Provision of Proper
Identification. A utility may condition the granting of residential
service on the provision of adequate proof of identification, including, but
not limited to, photo identification.
d.
Compliance With Local, State, and
National Safety Codes. A utility may condition the granting of service
on the compliance of a customer's premise equipment with local, State, and
National plumbing codes.
e.
Compliance with Utility Terms and Conditions. A utility may
condition the granting of service on the compliance of a customer's premise
equipment with the utility's terms and conditions.
2.
Non-Residential Applicants
A utility may deny service to a non-residential applicant
that fails to meet any of the following conditions
a.
Past Overdue Amount. A
utility may condition the granting of service on a non-residential applicant
paying a past overdue amount for basic service provided by that utility if the
applicant accrued the debt within the previous 6 years. If the utility
discovers the debt after it has granted service, the utility must provide
written notice to the customer of the outstanding debt and its intention to
collect the outstanding debt.
b.
Payment of a Deposit. A utility may condition the granting of
service on the payment of a deposit pursuant to Section
7.
c.
Compliance With Local, State, and
National Safety Codes. A utility may condition the granting of service
on the compliance of a customer's premise equipment with local, State, and
National plumbing codes.
d.
Compliance with Utility Terms and Conditions. A utility may
condition the granting of service on the compliance of a customer's premise
equipment with the utility's terms and conditions
C.
Provision of Service by
Next Business Day
A utility should provide service to an applicant as soon as
possible, but must provide service by the end of the next business day after
the request for service is received by the utility, or a deposit and/or unpaid
account balance is paid, provided that facilities exist to provide service
within that timeframe. If facilities do not exist, such as in the case where a
line extension must be constructed, the utility must initiate its standard
procedures to provide service by the end of the next business day after the
request for service is received.
D.
Service in Another's Name
1. Except as provided for in this Section, a
utility may not require an applicant to pay for service provided in another
person's name unless a court or other administrative agency has determined that
the applicant is legally obligated to pay for that service. To prevent the
practice of "name swapping," a utility may transfer a residential account
balance that was incurred for service provided by that utility within the
previous 6 years from the date of the new application for service to the
applicant's new account when both people:
a.
resided together at the premises when service giving rise to the arrearage was
provided;
b. received the benefit
of the previous utility service; and
c. will benefit from the utility service for which the application
for service was filed.
2.
A utility has 60 days from the date the applicant applies for service to
transfer the account balance to the applicant's new account. If the transfer
does not take place within this time period, the utility may not transfer the
account balance. When a utility decides to transfer an existing account balance
to an applicant's new account, the utility must add the previous customer's
name to the account and provide written notice to the new applicant of the
transfer. Such written notice must state the facts upon which the utility has
relied to establish conditions 1 through 3 above (typically such facts are
obtained through phone records showing both parties contacting the utility
regarding the account. The utility's notice of the transfer must be provided at
least 7 days prior to the transfer and, must provide the applicant the
opportunity to challenge the transfer, first to the utility and then, if the
matter is not resolved to the customer's satisfaction, to the CAD. The utility
must maintain a record of its investigation of the challenge pursuant to
Section
13(D).
A customer who receives a transferred account balance may
appeal to CAD to have the transfer reversed:
a. when the customer can provide sufficient
documentary evidence to show that the arrearage was not justified under this
Section, or
b. the customer can
provide sufficient documentary evidence to show that the person from whom the
arrearage was transferred will no longer benefit from the applied for utility
service.
E.
Application for Service at a Location Where an Active Account Already
Exists
Unless otherwise required by
35-A M.R.S.A.
§706(2), a utility may
deny service to an applicant where the service location for which the applicant
is seeking service already has an active customer who does not wish to
terminate service.
F.
Explanation of Charges
A utility must disclose the following information to the
applicant at the time an applicant requests service:
1. non-recurring installation, application or
registration fees charged by the utility for the type of service
requested;
2. if non-basic services
are available, the charge for any non-basic services selected by the customer;
and
3. the utility's authority to
disconnect water service for the non-payment of sewer charges, if the utility
has such authority.
G.
Designation of Third Party to Receive Notices
An applicant or customer may notify the utility in writing
that the customer is designating a third party to receive disconnection notices
concerning the customer's account. The utility must keep a record of the third
party name, address and telephone number. Whenever the utility contacts the
customer about matters related to deposits, disconnections, overdue amounts, or
hazardous conditions of utility service, the utility must make every reasonable
effort to contact the third party and provide the same information at the same
time it is provided to the customer. Any notice of disconnection provided to
the third party must contain the disclosures required by Section
10(J). Nothing in
this subsection shall give rise to an obligation on the part of the third party
to make payment of any amount owed. Every utility must inform new customers of
their right to designate a third party to receive notices pursuant to Section
5.
