Current through all regulations passed and filed through December 11, 2023
(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.
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, 08/22/2008
Five Year Review (FYR) Dates:
08/17/2017 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, 1/18/04, 2/11/05,
8/22/08