Current through all regulations passed and filed through December 11, 2023
(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.
Five Year Review (FYR) Dates:
6/13/2023 and
06/13/2028
Promulgated
Under: 111.15
Statutory Authority: R.C. 4905.04
Rule
Amplifies: R.C. 4905.06
Prior Effective Dates: 12/12/1991,
03/24/2003, 02/11/2005, 08/22/2008, 10/19/2012,
11/02/2017
Effective: 11/2/2017
Five Year Review
(FYR) Dates: 8/17/2017 and
08/17/2022
Promulgated
Under: 111.15
Statutory
Authority: 4905.04
Rule
Amplifies: 4905.06
Prior
Effective Dates: 12/12/91, 3/24/03, 2/11/05, 8/22/08,
10/19/12
