30-029 Code Vt. R. 30-000-029-X
Introduction.
There are three agencies of Vermont State Government involved with water systems in Vermont. Each agency has a set of rules and regulations governing water systems, and any person, corporation or association planning to build, modify, finance, or operate a water utility in Vermont must be familiar with each agency's regulations.
The Vermont State Health Department has water quality responsibilities for all public water supply systems serving 10 users or more, pursuant to Title 18 V.S.A. 1203. Its regulations cover bacteriological, chemical, physical and radiological quality. Health Department regulations also cover test and operation, registration and certification of water plant operators. A copy of these regulations is available from the Department of Health, 115 Colchester Avenue, Burlington, Vermont. A permit to operate a water system must be obtained from the Department of Health prior to operation.
The Department of Water Resources of the Agency of Environmental Conservation is the responsible agency concerned with the quality of all waters of the State, including water systems not under the jurisdiction of the Public Utility Commission or the Department of Health, pursuant to Title 3 V.S.A. 2801, 2873. Its regulations include all lakes, rivers and streams and municipal water systems. A copy of the Water Conservation Policy of the Department of Water Resources can be obtained from the Department of Water Resources.
The Department of Public Service has jurisdiction over private water utilities serving one or more customers, pursuant to Title 30 V.S.A. 203(3). This Order pertains to water utilities serving 10 users or more. A Certificate of Public Good must be obtained from the Public Utility Commission before a private water system can be operated. This Order supersedes Public Utility Commission General Order No. 29 dated September 30, 1947.
These rules are established to promote continuous, safe and adequate service to the public, to provide standards for uniform and reasonable practices and to establish a basis for determining the responsibility of both the public and the utility. These Water System Regulations shall in no way relieve the utility from the general laws governing utility regulation in Vermont.
Upon its own motion, or upon application, and for good cause, the Public Utility Commission may modify, suspend or repeal the provisions of any regulation herein, pursuant to the Vermont Administrative Procedures Act ( 3 V.S.A. 801 et. seq.) and the General Orders of this Commission.
For the purpose of this General Order:
All records required by these regulations or necessary for the administration thereof shall be kept within the State of Vermont unless otherwise authorized by the Commission. Said records shall be available for examination by the Commission or its authorized representatives during all reasonable business hours.
All Class D water utilities defined in Vermont as private utilities serving 10 customers or more shall keep a uniform system of accounts as specified by the National Association of Regulatory Utility Commissioners and adopted by the Commission.
Tariffs, rules and regulations, other than what is documented in the Annual Report, created by Class D water utilities pertaining to service policy shall be filed with the Commission in accordance with this General Order and shall include:
The Commission may require any utility to file other information or reports as required to aid in the performance of its duties. Existing water utilities proposing changes in tariffs, rules or regulations shall petition the Commission for approval of changes prior to them becoming effective, pursuant to 30 V.S.A. 225.
All water utilities of 10 customers or more shall file an annual report with the Commission on or before April 15 of each year in the form developed and used previously by the Commission for Class D water utilities as noted in Section 26. Copies of the annual report form are available from the Commission.
Prior to the issuance of a Certificate of Public Good by the Commission to a new or planned utility of 10 customers or more, the following information must be provided to the Commission:
After reviewing the preceding information, the Commission may require a bond, not to exceed 100% of the value of the proposed water system, from the water utility. The terms and conditions of the bond shall be proposed by the applicant and approved by the Commission.
Prior to the issuance of a Certificate of Public Good to new utilities, written proof of compliance with Vermont Health Department regulations must be received by the Commission.
All Class D utilities of 10 customers or more shall no later than September 1, 1973, provide the Commission with a clear and legible diagram of the utility's operating area. Said diagram shall contain the following:
This diagram shall be updated annually and included with the Annual Report.
An applicant desiring service from any utility may be required to make application in writing. The utility must serve the applicant unless the applicant is in violation of Commission regulations.
A water utility is not allowed to add customers if the average pressure would decrease below 20 p.s.i. to either existing customers or new customers. The utility has an obligation to improve the water system to bring it up to the 20 p.s.i. acceptable pressure level. In systems of varying elevations, a utility may, with approval by the Public Utility Commission, undertake service which does not comply with the foregoing regulations if the customer is fully advised of the conditions under which average service may be expected and the customer's agreement secured in writing.
Extension of service for utilities shall be made upon petition to the utility by prospective customers subject to the following terms and conditions:
Upon customer complaint as to quantity and cost of service to the utility in person, by letter, or by telephone, the utility shall promptly make an investigation thereof and report the results to the complainant. If the matter needs further investigation, it may be brought before the Commission. The utility shall keep a written record of all complaints and shall annually file with the Commission a report summarizing such records as to type of complaint and action taken.
The management will have the right at reasonable times, but only upon reasonable advance notice, to enter the premises of the customer for the purpose of inspecting the company's property or reading meters.
The customer shall maintain the service pipe and all piping and fixtures on his premises so that leakage of water is kept to a minimum.
The utility may, after written notice to applicant, refuse to serve an applicant under the following conditions:
Disconnection may result because of:
All utilities shall use all reasonable means to avoid interruption of service, but should such interruptions occur, service shall be reestablished within the shortest time practicable at minimum inconvenience to customers, consistent with safety. Whenever a utility finds it necessary to interrupt service for one hour or more to its customers, it shall notify all customers who will be affected at least 48 hours prior to the scheduled interruption. Where public fire protection is provided by the mains affected by the interruptions, the utility shall promptly notify, prior to interruption, the Fire Chief or other officials responsible for fire protection. Reports of interruptions of one hour or more shall be maintained by the utility for inspection by the Commission. The Commission shall be notified if the interruption is of sufficient duration to cause serious conditions in homes, farms or industry. This section supersedes the entire Public Utility Commission General Order No. 37, dated December 1, 1959, concerning interruptions of service.
Water shall be sold on a metered basis by all new utilities of 10 customers or more. Charges shall be on a cubic foot or gallon basis and recorded annually by type of customer: residential; commercial; seasonal; etc. Existing utilities shall meter all new customers and create a metered service rate. Flat rate service is allowed existing utilities and customers only.
Rates charged will be designed to discourage waste, provide for improvements, and allow an adequate revenue level to meet expenses and a reasonable rate of return. Rates shall be designed to reflect recovery of costs associated with each class of user.
The design and construction of a new utility's water plant shall conform to good standard engineering practices including the minimum standards of the American Water Works Association Code in effect at time of construction. The utility will also conform to the Rules and Regulations of the Plumber's Engineering Board and will comply with such specific additional design and construction regulations as the Commission may prescribe. The water system shall be designed to provide reasonable service for a period of 20 years or more. The system shall conform to the regulations of the State Department of Health unless exempted in writing by the Department of Health. New utilities shall forward their plans to the Public Utility Commission and to the Department of Health for examination. In the absence of disapproval within 30 days of receipt of the plans, such plans shall be deemed approved by the Commission.
New utilities shall provide for proper fire protection unless exempted by the Commission. Town or city fire departments shall be given an opportunity to be heard before a Certificate of Public Good will be issued by the Commission.
Periodic pressure checks shall be made. Public Utility Commission pressure testing equipment is available for use by utilities upon request. Such tests shall be made by utilities of 10 customers or more at least ever two years to insure an average daily pressure of 20 p.s.i. Reports of these tests shall be on record with the company and shall be available for inspection by the Commission.
The customer shall furnish free of cost at its facilities the necessary frost free space, foundations, supports and housings required to protect the company's property used to serve the customer. Meters shall be installed, at the utilities' expense, by the utility. The meters shall meet the following specifications:
Each utility of 10 or more customers shall maintain a record of chemical analysis of its water as required by the Vermont Department of Health. Samples shall be furnished to the Health Department as required.
The annual report form is for Class D water utilities defined by the Commission as utilities serving ten customers or more. The form is available from the Commission.
30-029 Code Vt. R. 30-000-029-X
November 16, 1973
AMENDED:
December 2017 [agency name change from Public Service Board; rule renumbered from 30 000 030]
STATUTORY AUTHORITY: 30 V.S.A. Ch. 5, § 203