Current through Register Vol. 18, September 20, 2024
(1)
Notice of Discontinuance.
(a) No utility
shall discontinue service to any consumer for violation of rules or for
nonpayment of bills, without first having tried diligently to induce the
consumer to comply with its rules, or to pay outstanding bills. A record of
these efforts must be maintained by the utility.
(b) A utility may not terminate service to
any consumer unless written notice is sent by first class mail to the consumer
that bills are ten or more days delinquent, or that the violation of the rules
must cease. If no response to the first notice is received within ten days of
mailing, the utility must send a second notice by first class or certified
mail, or personally serve the customer at least ten days prior to the date of
the proposed termination. If no response to the second notice is received
within ten days of mailing or service, the utility shall leave notice in a
place conspicuous to the consumer that service will be terminated on the next
business day unless the delinquent charges have been paid or the violation of
the rules have ceased.
(c) A
utility may terminate water service without advance notice to the consumer when
the utility's regulating or measuring equipment has been tampered with, or
where the fraudulent use of water service by an unauthorized person is
detected. The utility may assess a reconnection charge as provided in ARM
38.5.2505(2)
before service is recontinued.
(d)
All disconnections shall be performed by the utility between the hours of 8:00
a.m. and 12:00 noon, and in no case shall the utility discontinue service on
Friday, Saturday, Sunday, or a day prior to holiday except as provided in ARM
38.5.2505(1)
(c).
(2) Charge for Reconnection.
(a) Whenever the supply of water is
discontinued for violation of these general rules or the utility's special
rules, nonpayment of bills, or as provided in ARM
38.5.2505(1) (c),
the utility may make a reconnection charge as set forth in its tariff for the
reestablishment of service.
(b)
After service has been turned off because of nonpayment, service shall not be
turned on again until all delinquent water bills and a reconnection charge as
set forth in the utility's tariff have been paid or an agreeable pay
arrangement has been made between the consumer and the utility.
(c) If a consumer requests that water service
be discontinued and then requests service be recontinued any time within eight
months following the discontinuance, the utility may require the consumer first
pay a reconnection charge as set forth in the utility's tariff.
(3) Temporary Service Failure. Any
temporary failure on the part of the utility to supply service by reason of
accident or otherwise for a period in excess of 24 hours shall not render the
utility liable beyond a pro rata abatement of service charges during such
interruption.
(4) Emergency Service
Disruption. Notice will be given, whenever possible, prior to shutting off
water, but consumers are warned that owing to unavoidable accidents or
emergencies their water service may be shut off at any time. In the event of
such accidents or emergencies, consumers are advised to take the necessary
precautions to prevent damage to their fixtures and premises.
Sec.
69-3-102,
MCA; IMP, Sec.
69-3-102,
MCA;
