Section 407-660-6 - APPLICATION FOR SERVICEA.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 ServiceA utility may not refuse to provide service to an applicant, except as provided for below.
1.Residential ApplicantsA 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; andii. 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 ApplicantsA 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 conditionsC.Provision of Service by Next Business DayA 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 Name1. 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, orb. 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 ExistsUnless 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 ChargesA 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; and3. 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 NoticesAn 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.
65- 407 C.M.R. ch. 660, § 6