Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart C - Fixed Service Utilities
Chapter 66 - WASTEWATER SERVICE
Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS
Section 66.36 - DWSL plan requirements

Universal Citation: 52 PA Code ยง 66.36

Current through Register Vol. 54, No. 38, September 21, 2024

An entity's DWSL plan must contain, at a minimum:

(a) Planning and replacements. The planning and replacements section of an entity's DWSL plan must include:

(1) The entity's projected annual investment in DWSL replacements with an explanation of the entity's anticipated sources of financing.

(2) The entity's projected number of DWSL replacements per calendar year with an explanation of how the entity's projection was determined, and a statement that this number is consistent with the entity's annual cap on DWSL replacements.

(3) The identification criteria or standard to be used by the entity to determine whether a service lateral is damaged and is impacting the entity's wastewater system.

(4) The eligible areas designated by the entity as proposed DWSL project areas described with a bearing angles and distances or metes and bounds description and graphically depicted.

(5) The prioritization criteria considered by the entity when developing its DWSL replacement schedule.

(6) A benefit analysis detailing the expected improvements in the entity's wastewater system functionality.

(7) An estimate of the net present value of the entity's future reduced or increased costs associated with DWSL replacements, or both, identified in the DWSL plan broken down by capital costs and operation and maintenance costs.

(8) The entity's processes and procedures to obtain acceptance of a DWSL replacement prior to DWSL project commencement if the customer is the property owner, and the entity's processes and procedures to obtain acceptance prior to DWSL project commencement if the customer is not the property owner.

(9) The entity's processes and procedures based upon acceptance of a DWSL replacement including:
(i) A consent agreement form by which the customer or property owner, if the customer is not the property owner, will authorize the DWSL replacement.

(ii) A brief description of the entity's process for DWSL replacement under normal conditions and atypical conditions for gravity and pressurized DWSLs.

(iii) An explanation of the entity's process for coordination with the customer and property owner, if the customer is not the property owner, and the information the entity will provide to the customer and the property owner throughout the DWSL replacement process.

(iv) The entity's process for addressing DWSL replacement completion or closeout, or both, with the customer and property owner, if the customer is not the property owner.

(10) The procedure for documenting refusal of the offer by the entity to replace a DWSL, including the entity's duty to:
(i) Provide the customer and property owner, if the customer is not the property owner, with a complete disclosure of the known health hazards from the continued use of a DWSL.

(ii) Inform the customer or property owner, if the customer is not the property owner, that refusal will require replacement of the DWSL, at the customer or property owner's expense, within 1 year from DWSL project commencement for the customer or property owner, if the customer is not the property owner, to be eligible for reimbursement.

(11) The industry-accepted construction practices the entity plans to use to replace both the entity's service lateral and the customer's service lateral.

(b) Communications, outreach and education. An entity's DWSL plan must outline the entity's communication, outreach and education steps to educate customers and property owners, if the customer is not the property owner, about the harmful effects of DWSLs and the entity's plan to address DWSL replacements.

(1) An entity's DWSL plan must describe, at a minimum, how the entity will:
(i) Prioritize DWSL replacement efforts to areas of the entity's collection system that have known wastewater overflows, basement backups or I&I issues.

(ii) Coordinate DWSL program efforts with State, county and local governments and agencies, community organizations and public works departments.

(iii) Ensure that relevant information will be provided to customers and property owners, if the customer is not the property owner, in plain language that can be understood by the general public; including a description of steps the consumer may take to identify DWSLs.

(iv) Provide customers or property owners, if the customer is not the property owner, with copies of as-built drawings or similar depictions that indicate the location of the customer-owned portion of the DWSL replacement, if available. An entity shall make a good faith effort to provide customers or property owners, if the customer is not the property owner, with other relevant documents associated with the DWSL replacement and appurtenances, including product manuals, specification sheets and manufacturer brochures.

(2) The entity's DWSL plan must include copies of all printed and broadcast material to be distributed under the entity's DWSL program.

(3) A Class A public utility or authority shall develop a DWSL section on its web site within 12 months of the Commission approval of its DWSL program. The web site must contain, at a minimum:
(i) Information regarding the reimbursement requirements and a secure online tool that provides customers, or property owners, if the customer is not the property owner, the ability to determine whether the customer or property owner may be eligible for a reimbursement.

(ii) An online tool that provides the ability to determine whether records reflect that the property has a DWSL.

(iii) A copy of any static map or graphic representation depicting DWSL project areas.

(iv) Information and resources relating to the health risks associated with DWSLs, the status of current efforts to replace DWSLs, and community meetings and advisory committees hosted by the entity.

This section cited in 52 Pa. Code § 66.35 (relating to DWSL program requirements).

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