Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-5-6 - Customer Relations6.1. Customer information.6.1.1. Information as to service. -- Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may enjoy safe and efficient service.6.1.2. Explanation of computing bills. -- Each utility shall adopt some means of informing its customers as to the method of computing bills, either by printed description on its bills, or by a notice to the effect that the method will be explained at the office of the utility upon request.6.1.3. Explanation of rates. -- It shall be the duty of the utility to explain to the customer at the beginning of service, or whenever the customer shall request the utility to do so, the utility's rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist the customer in obtaining the best rate for the customer's service requirements. The responsibility for the selection, however, rests with the applicant. In the event the customer's use of service changes such that a rate schedule other than the one initially selected becomes favorable, the responsibility for requesting a change in rate schedule, consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if requested by_the customer, the utility shall supply the customer with a copy of the utility's rate or rates applicable to the type of service to be furnished to all classes of customers with a concise written explanation of the rates, and an identification of any classes of customer for whom rates are not summarized.6.1.4. Posting of law, rates, rules, and collection agents.6.1.4.a. Every utility shall maintain in its office for inspection by the public, the following: 6.1.4.a.1. A copy of the rates, rules and regulations of the utility, and of forms of contracts and applications applicable to the territory served from that office;6.1.4.a.2. A copy of the Public Service Commission Law of this State; and6.1.4.a.3. A copy of these rules.6.1.4.b. A utility shall exhibit a suitable placard in large type in a conspicuous location, giving information to customers that the utility has a copy of the law, the rules of the Commission applicable to the utility, and the schedules of rates available for customer inspection.6.1.4.c. Once a year, or as often as a utility changes collection agents, each utility shall publicize by newspaper or bill insert to its customers its collection agents to whom customers may deliver payment of sewer bills.6.1.5. Application for sewer service. 6.1.5.a. All applicants desiring sewer service may be required to make written application at the office of the utility on printed forms provided therefor setting forth in said application all purposes for which sewer will be used upon the applicant's premises. The utility may require the applicant to provide identification at the time of application for service. All applicants for service shall be required to designate on every application for service whether the applicant is a tenant or an owner of the premises to be served. If the applicant is a tenant, the applicant shall state the name and address of the owner or owners of the premises to be served.6.1.5.b. Any change in the identity of the contracting customer at a premises will require a new application for sewer service, and the utility may, after reasonable notice, discontinue sewer service until such new application has been made and accepted, but the former customer shall remain liable for sewer service furnished to said premises until the customer has given notice in writing to the utility to discontinue sewer service. In the event the customer of record has died or has become incapable of being responsible for sewer service, that individual's spouse may become the customer of record without being required to complete a new application for sewer service, or paying a new deposit.6.1.5.c. In the event that a publicly or privately owned water utility, city, incorporated town, other municipal corporation or other public service district, owns and operates water facilities within the same service territory as the public service district providing sewer service to the area, then the sewer public service district shall provide the customer with a proper receipt and shall instruct the customer to present said receipt to the water utility when application for water service is made.6.1.6. Public service district's notice of availability of sewer service and billing after notice. 6.1.6.a. Notice by publication. -- When sewer service is made available by a public service district to customers in an area which has not previously been served by the district, the district shall publish a notice in a newspaper of general circulation in the area affected once a week for two consecutive weeks, with the second notice being published at least thirty (30) days prior to the date that the district intends to begin billing for services. The notice shall state, at a minimum, the following information: (1) that sewer services are available;(2) the date that the district will begin billing for services as authorized by W. Va. Code § 16-13A-9 and Sewer Rule 6.3;(3) the district's rates;(4) that W. Va. Code § 16-13A-9 authorizes the district to petition the circuit court to compel connection to the sewer system;(5) the location and telephone number of the district's business office; and(6) the amount of the bill to be rendered as provided by W. Va. Code § 16-13A-9, in the event a customer does not connect to the system.6.1.6.b. Publication is not required when service is extended to a single customer at the customer's request.6.1.6.c. Personal notice. -- In addition to notice by publication, when sewer service is made available to customers in an area which has not previously been served by the district, the district shall provide notice with at least the information as described in Section 6.1.6.a. above, to all potential new customers by certified mail, return receipt requested, by personal service with signed and dated receipt, or by posting a notice on the premises. If the premises to be served is not inhabited by the owner, notice shall be given to the owner by certified mail, return receipt requested, in addition to giving notice to the customer inhabiting the premises. In the event that the district is not able to effect personal notice after a good faith effort, or if the district believes that the requirements of this section create an undue hardship on the district, the district may petition the Commission for a waiver of the requirements of personal notice provided in this section.6.1.6.d. Customers of public service sewer districts who are not connected to the sewer system after appropriate notice has been given of availability of service pursuant to W. Va. Code § 16-13A-9 and Sewer Rule 6.1.6. shall be billed based on actual water consumption or the average monthly water consumption based upon the owner's, tenant's, or occupant's specific customer class. These charges must be included in the utility's tariff filed with the Commission.6.2. Customer deposits. 6.2.1. Security deposits. 6.2.1.a. Security deposits for utilities other than public service districts. -- A utility, other than a public service district, may require the applicant or customer to make a deposit with it initially, and from time to time, to secure payment of sewer service rates and charges. Except for municipal sewer systems, such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service and or one-sixth (1/6) of the annual estimated charge for all other service. For a municipal sewer system only, the deposit shall not be more than either fifty dollars ($50) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater. For combined water and sewer municipal systems the deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater. This provision must be included in the utility's tariff filed with the Commission. The utility shall not be bound to supply sewer service until this condition is fulfilled. The utility shall have a reasonable time, not to exceed thirty (30) days, to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.6.2.1.b. Security deposits for public service districts. -- All new applicants for residential or other sewer service from a public service district shall make a deposit of (i) fifty dollars ($50), or (ii) two-twelfths (2/12) of the average annual usage for the applicant's specific customer class for sewer service, whichever is greater, with the district to secure the payment of sewer service rates and charges. For combined water and sewer public service districts such deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of water service and wastewater service for the applicant's specific customer class, whichever is greater. The district shall not be bound to supply sewer service until this condition is fulfilled. In any case where a deposit is forfeited to pay service rates and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another deposit, as described above, has been remitted to the district. This provision must be included in the utility's tariff filed with the Commission.6.2.1.c. Return of deposit to customers. -- Except as otherwise provided in Sewer Rule_6.2.1.d., after a customer has paid bills for service for twelve (12) consecutive months without a delinquency, the utility shall promptly and automatically refund the deposit plus accrued interest. Calculation of the above twelve (12) month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. For a customer whose deposit remains with the utility at the time of the requested termination, any deposit plus interest held by the utility shall be credited against the final bill with the utility paying any remainder to the customer at the time of the final bill.6.2.1.d. Return of deposit by public service districts and municipal systems only for a customer who is a tenant. -- By statute public service districts and municipal systems are not required to return a deposit to a customer who is a tenant until the time the tenant discontinues service with the district or municipal system. After a customer who is a tenant discontinues service with the district or municipal system, the utility shall promptly and automatically refund the deposit plus accrued interest. The public service district or municipal system shall have a reasonable time, not to exceed thirty (30) days, to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.6.2.1.e. Interest paid on deposits will be established by the Commission by general order.6.2.1.f. A current customer of a public service district or a municipal system who requests service at another location within the jurisdiction of the district and who has made payment of bills for the previous twelve (12) months without a delinquency, is not required to pay a deposit for service at the new location because that customer is not a new applicant for service under W. Va. Code §§ 16-13A-9, 8-20-10, or 16-13-16. The preceding sentence shall not apply to multiple service locations. Multiple service locations shall require multiple deposits. In the event the customer of record has died, or has become incapable of being responsible for sewer service, that individual's spouse may become the customer of record without being required to complete a new application for sewer service, or paying a new deposit.6.2.1.g. Record of deposit. -- Each utility holding a cash deposit shall keep a record showing: (i) The name and current address of each depositor;(ii) the amount and date of the deposit; and(iii) each transaction concerning the deposit.6.2.1.h. The receipt. -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service, or customer, a receipt showing: (ii) the name of the applicant or customer and the address of the premises served or to be served;(iii) the service furnished or to be furnished; and(iv) the amount of the deposit and the fact that interest will be paid at a Commission determined rate. Each utility shall provide automatic means to refund the deposit of a customer, when so entitled, if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.6.2.1.i. Unclaimed deposits. -- The utility shall follow the provisions of the Uniform Unclaimed Property Act, codified in W. Va. Code § 36-8-1 et seq., with regard to the disposition of any unclaimed deposit.6.2.1.j. This rule shall not affect residential customer security deposits required by a utility prior to the passage of W. Va. Code § 24-3-8 on March 12, 1983.6.2.1.k. All utilities that collect security deposits must do so in a non-discriminatory manner.6.2.2. Guaranty agreement. 6.2.2.a. A utility, other than a public service district, may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor may, upon request, receive copies of disconnection notices sent to the customer whose account has been guaranteed; provided that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.6.2.2.b. A guaranty agreement shall terminate after the customer has satisfactorily paid bills for service for twelve (12) consecutive months, or when the customer gives notice to the utility of discontinuance of service at the location covered by the guaranty agreement, or six (6) months after discontinuance of service where no notice was given, or at the guarantor's request upon thirty (30) days' written notice to the utility. Upon termination of a guaranty agreement, or whenever the utility deems the same insufficient as to amount of surety, a cash deposit or a new or additional guaranty may be required upon reasonable written notice to the customer.6.2.2.c. Application in case of receiver or trustee. -- The aforesaid provisions shall apply in the case of a receiver or trustee, operating a business under court order that requires utility service.6.3. Billing information. 6.3.1. All bills for sewer service shall state whether the charge is based upon quantities of water consumed at the premises, flat rate or other charge. A utility shall render bills periodically. If based upon metered water consumption each bill must show the readings of the water meter at the beginning and end of the period for which the bill is rendered, the date of the water meter readings, the number of cubic feet or gallons of water supplied, and the authorized rate. If the utility must, for any reason, render an estimated bill, the bill shall be clearly marked as an estimated bill. All bills shall state "This utility is regulated by the Public Service Commission of West Virginia" and "Rates available upon request."6.3.2. No adjustment will be required in billing when the deviation from the standard billing period is not more or less than five (5) days in the case of monthly billing, ten (10) days in the case of bi-monthly billing, and fifteen (15) days in the case of quarterly billing. When the deviation exceeds these limits, either for regular or periodic billing or for opening or closing bills, the sewer blocks, and minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard billing period, which will be taken at thirty (30) days for monthly billing, sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly billing.6.3.3. Utilities desiring to adopt mechanical billing of such nature as to render compliance with all the terms of Sewer Rule 6.3.2. impractical, may make application to the Commission for relief from part of these terms. After consideration of the reasons given when asking for relief, the Commission may allow the omission of part of these requirements.6.3.4. On all bills that include charges for items other than authorized sewer charges, the utility will clearly state other factors used in computing the bill so that the amount may be readily verified from the information appearing on the bill.6.3.5. Each bill shall bear on its face the latest pay date and the date it shall be a delinquent bill if not paid. A utility may request a delayed payment penalty applicable to current usage billings not paid in full by the latest pay date, equal to ten percent (10%) of the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility's tariff filed with the Commission. 6.3.5.a. When a utility receives a customer payment at a time when both a delinquent bill and a current bill are outstanding, the utility will apply the payment first to the current bill, and apply any leftover amounts to the delinquency. Provided, that this rule shall not apply to payments from customers whose delinquencies have been addressed in a deferred payment agreement. If a termination notice has been issued then the payment should first be applied to the delinquent amount that is the subject of the termination notice.6.4. Adjustment of bills. 6.4.1. Fast meters. -- If the water utility makes a refund to the customer pursuant to Rule 6.4.1. of the Commission's "Rules for the Government of Water Utilities," 150CSR7 (Water Rules), the sewer utility will make a corresponding adjustment to the sewer charges associated with the same period of time based on the corrected meter reading and the applicable sewer rates.6.4.2. Dead Meters. -- At any time that a water utility calculates water usage and bills for water service pursuant to the provisions in Water Rule 6.4.2., the sewer utility will bill for sewer service for the corresponding time period based on the water usage calculated and billed by the water utility.6.4.3. Leaks on the customer's side of the meter.6.4.3.a. Each utility shall implement a written leak adjustment policy consistent with this rule. Where the bill reflects unusual water usage in excess of 200% of the customer's historical usage that can be attributed to leakage on the customer's side of the point of service, the utility will adjust the bill. The policy shall be maintained in the utility's office for inspection by the public and shall be applied in a non-discriminatory manner to all customers. The policy shall be filed with the Commission as a part of the utility's tariff. The reasonableness of the utility's policy shall be subject to approval by the Commission and the reasonableness of the utility's practice with respect to implementing a policy shall be subject to Commission review in a formal complaint proceeding.6.4.3.b. The recalculated bill shall reflect the utility's incremental cost of treating or purchasing the treatment of the sewage, as contained in the utility's tariff, for all amounts above 200% of the customer's historic usage. Historic usage shall be defined as the average usage of the preceding twelve (12) months or actual period of service if less than twelve (12) months. If using the historic usage would result in an unreasonable calculation, adjustments may be made. If such adjustments are made, the utility should advise its customer that a dispute regarding such adjustments may be taken to the Commission in the form of an informal complaint. Any amounts which the customer can prove did not enter the sanitary sewer system shall be credited at full tariff rates.6.4.3.c. As an alternative to using the incremental cost of treating or purchasing the treatment of the sewage, the utility may, at its option, use an adjustment that allows it to recover the Commission's estimate of "typical incremental cost" per thousand gallons of sewage on usage above the historic usage. The Commission shall from time to time establish its estimate of "typical incremental cost" by order.6.4.3.d. In rate cases the Commission will determine the utility's incremental cost of treating or purchasing the treatment of the sewage and require that the utility include the rate in an appropriate tariff as the leak adjustment rate. After the Commission approves a rate in a rate case, the utility shall not have the option to use the Commission's estimate of "typical incremental cost" found in Sewer Rule_6.4.3.c.6.5. Complaints. 6.5.1. Investigation of complaints. -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission. In the event that the complaint is not resolved, the utility shall, before service is discontinued, notify the customer that the customer may file an informal or formal complaint with the Commission.6.5.2. Record of complaints. -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.6.5.3. Disposition of records. -- Records of complaints shall not be destroyed until a summary has been prepared for permanent record, showing the character of complaints made, the number of each type received in each month, and the disposition of the complaints.6.6. Disputed bills. 6.6.1. In the event of a dispute between the customer and the utility respecting any bill, the utility shall conduct an investigation and report the result thereof to the customer. In the event that the complaint is not resolved, the utility shall, before water or sewer service is discontinued, notify the customer of the customer's right to file an informal or formal complaint with the Commission.6.7. Customer discontinuance of service. 6.7.1. Any customer requesting service to be discontinued shall give notice thereof to the utility during regular business hours. Unless a different period shall be mutually agreed upon by written contract, the utility will discontinue service by the end of the next business day. Until the utility receives notice, the customer may be held responsible for all service rendered.6.8. Utility discontinuance of service. 6.8.1. Consideration of health and sanitation require that sewer service should not be discontinued because of non-payment of service charges unless the utility has first acquired the approval of the Commission. The sewer utility shall make use of all legal remedies available for the collection of delinquent accounts prior to application to the Commission for other relief.6.8.2. Notice of discontinuance.6.8.2.a. In the case of a sewer utility requesting termination of water service for non-payment of sewer service, the water utility may not discontinue service sooner than ten (10) days following the date that a sewer utility has mailed to a customer written notice of scheduled termination of service, in compliance with Sewer Form No. 1 attached to these rules. Where written notice is required the utility must send the notice first class mail, address service requested. The written notice shall become void if the utility service has not discontinued within thirty (30) days of the date indicated on the notice.6.8.2.b. Where (1) conditions hazardous to life or property are found to exist on the customer's premises, (2) the utility's regulating, measuring or collection equipment or facilities have been tampered with, or (3) the customer's premises have been condemned through a condemnation proceeding under the laws of this state, the water may be shut off without notice in advance.6.8.2.c. Prior to disconnecting water service for non-payment of a sewer bill, a sewer utility_or water utility is required to make at least two (2) attempts to notify the customer through personal contact unless it can be reasonably established that the premises are not permanently inhabited. For the purpose of this rule, personal contact includes both face-to-face meetings and telephone calls. The inability to make personal contact shall not prevent the water utility from terminating service.6.8.2.d. Service shall not be discontinued on a Saturday, or Sunday, any day that is a federal or state holiday, a day on which either the water utility's or the sewer utility's business office is not open to accept payment, or on the day before such days, unless an emergency exists.6.8.2.e. All disconnections shall be performed between the hours of 8 a.m. and 4 p.m.6.8.2.f. The water utility may, but is not required to, accept payment at the customer's premises in lieu of discontinuing service for a delinquent sewer bill.6.8.2.g. If a customer has received notice of a scheduled termination, and, to avoid such termination, makes payment by check which is subsequently dishonored by the bank, the sewer utility may then request the water utility to terminate service only after it has mailed notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to termination; provided that at the option of the utility, in lieu of mailing the notice, the utility may contact the customer either in person or by telephone. For purposes of this rule, if the utility elects to contact the customer either in person or by telephone, an attempt to contact shall not be considered sufficient - actual contact must be made.6.8.2.h. If a landlord of a single-unit dwelling or a master-metered mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling is responsible for payment of a utility bill, written notice of termination in the form of Sewer Form No. 2 shall be placed at a location readily available for public inspection on the premises at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination of service to that mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling in order to provide notice of the scheduled termination to the tenants of said mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling. If the billing address for any single-unit service is different than the service location, a written notice in the form of Sewer Form No. 2 shall be delivered or posted at a visible location on the premises where the service is to be terminated at least five (5) days, excluding_Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination. This notice shall inform the occupant(s) of the date on or after which termination of service will occur and shall state the steps the occupant(s) can take to avoid termination of service.6.8.2.i. Deferred Payment Agreement. A sewer customer who has been notified that water service is to be terminated for non-payment of sewer bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that such customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the availability of a reasonable payment plan.6.8.2.i.1. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the delinquency; ability of the customer to pay; payment history; time the delinquency has been outstanding; reasons why the delinquency has been outstanding; and any other relevant factors.6.8.2.i.2. A standard deferred payment agreement will include a pay-off amount consisting of the delinquency balance in twelve monthly payments. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. The deferred payment agreement shall include language informing the customer of the right to challenge the reasonableness of the proposed payments to the Commission.6.8.2.i.3. During the challenge, the utility may not terminate service; provided that the current bill must be paid by the customer on time and in full in order to protect the customer's rights under this rule.6.8.2.i.4. Once a deferred payment agreement has been established, the customer must pay the current bill on time and in full and make timely payments in accordance with the deferred payment agreement.6.8.2.i.5. If the customer's financial condition significantly changes and the existing payment agreement results in hardship, the utility shall renegotiate the payment agreement, consistent with the provisions of Sewer Rule 6.8.2.i.1. The customer shall provide documentation in support of a claim that the customer's financial condition has changed. During the renegotiation period the customer must continue to pay the current bill on time and in full and make some payment on the delinquency.6.8.2.i.6. If the deferred payment is not received in accordance with the terms of the agreement, or the payment is made with a check subsequently dishonored by the bank, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to notifying the water utility to terminate service provided that at the option of the utility, either personal contact or telephone contact with the customer may be substituted for contact by first class mail. If the customer pays the delinquent payment within that notice period, service shall not be terminated. However, if the customer has, during the previous twelve (12) months, attempted to make payment by a check which was subsequently dishonored by the bank, the utility may refuse the customer's check and immediately terminate service without additional notice.6.8.2.j. A sewer utility requesting termination of water service for non-payment of sewer bills shall provide the water utility with a copy of the notice provided to the customer as required by Sewer Rule 6.8.2.a.6.8.2.k. A sewer utility will provide the water utility with a written request for termination of water service for non-payment at least twenty-four (24) hours before the end of the ten-day notice period to the customer.6.8.2.l. If a utility proposes termination rules that differ from the Commission rules, those termination rules must be filed with the Commission as a request to modify the utility's tariff.6.8.3. Once a disconnected customer has paid a delinquency in full, or the utility has agreed to enter into a deferred payment agreement with the customer, and all disconnect and or reconnect fees have been paid, the utility shall reconnect the customer's water service as soon as possible, but no later than twenty-four (24) hours from the time the customer pays all disconnect and reconnect fees.6.8.4. Charge for reconnection.6.8.4.a. Whenever the supply of water is turned off for non-payment of sewer bills, the water utility may make a charge as provided for in Water Rule 6.8.3.6.8.5. The utility shall not refuse, deny or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.6.8.6. Combined water and sewer public service districts. -- Any public service district providing water and sewer service to its customers shall have the right to terminate water service for delinquency in payment of either water or sewer bills; provided that proper notice is given and procedures followed as set out in these rules.6.8.7. Inter-utility Agreements regarding discontinuance of water service for non-payment of sewer bills. 6.8.7.a. In the event that any utility (whether public, private, city, incorporated town, municipal corporation or public service district) owns and operates either water facilities or sewer facilities, and a separate utility owns and operates the other kind of facilities, either water or sewer, then the two utilities shall covenant and contract with each other to shut off and discontinue the supplying of water service for the non-payment of sewer service fees and charges; provided that proper notice is given and procedures are followed as set forth in Sewer Rule 6.8.2.6.8.7.b. Municipal sewer. -- When sewer facilities are municipally owned and water facilities are not, the municipality providing sewer service may require the water utility to discontinue water service to any customer who is delinquent in the payment of sewer service rates and charges to the municipality. The water utility shall discontinue water service upon demand of the municipality for this purpose; however, prior to discontinuance of any water service, the municipality shall contract with the water utility which contract shall provide that the municipality shall reimburse the water utility for all costs and expenses incurred in both the termination of water service to the delinquent sewer customer and the subsequent resumption of water service to such customer. The contract shall provide for reasonable methods and assurances so that the water utility will be protected and held harmless from claims and damages when water service is discontinued in error or in violation of the rights of the customer through the fault of the municipal sewer utility.6.8.7.c. The inter-utility agreement should contain specific provisions regarding responsibilities of notice of termination, termination, reconnection, and reasonable fees based on fair and reasonable compensation.6.8.7.d. Any inter-utility agreements pursuant to Sewer Rule 6.8.7.a. shall be submitted to the Commission for approval prior to any termination of water service for non-payment of sewer bills under such agreements.6.8.7.e. A water utility that has terminated or reconnected service for non-payment of sewer bills, or that has made a visit to the customer's premises to terminate service, may charge the sewer utility a fee pursuant to Sewer Rule 6.8.7.c. The sewer utility may include this charge in the billing to the delinquent customer, provided that such charge is included in the sewer utility's approved tariff.6.9. Refusal to serve applicants. -- It is suggested the utility design its application form to reflect the following: 6.9.1. Non-compliance with rules. -- Any utility may decline to serve an applicant until that applicant has complied with these rules and the utility's rules set forth in a Commission approved tariff governing sewer service.6.9.2. Applicant's facilities inadequate. -- The utility may refuse to serve an applicant if the applicant's installation of sewer piping is hazardous or of such character that satisfactory service cannot be provided.6.9.3. A bill which has been found to be contractually uncollectible by a court or could reasonably be found to be uncollectible by reason of an applicable statute of limitations shall not be used by a utility to deny or discontinue service.6.9.4. Applicant's recourse. -- In the event that the utility refuses to serve an applicant under the provisions of this rule, or any other rule incorporated herein, the utility must inform the applicant that the_applicant may file a complaint with the Commission for decision.6.10. Access to property. 6.10.1. The utility shall, at all reasonable times, have access to service connections and other property owned by it on a customer's premises for purpose of inspection, maintenance and operation.6.10.2. Identification for employees. -- Every employee, whose duties regularly require work on_or near the property of a customer, shall wear a distinguishing uniform or other insignia identifying the_person as an employee of the utility and shall carry an identification card which will identify the person as an employee of the utility, containing a photograph of said employee. The identification card shall contain the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers, shall carry an identification card containing information as herein required.6.11. Service interruptions.6.11.1. Records of interruptions. -- Each utility shall keep a record of all interruptions of service upon its entire system or major divisions thereof, including a statement of time, duration and cause of the interruptions.6.11.2. Notice required for scheduled interruptions. -- The utility will notify the Bureau for Public Health, the Department of Environmental Protection, the Commission and every customer affected in advance of any contemplated work which will result in interruption of service for any duration that may cause a health or environmental hazard.6.11.3. Notice required for unscheduled interruptions. -- In the event of an unscheduled service interruption that may cause a health or environmental hazard, the utility will notify the Bureau for Public Health, the Department of Environmental Protection, and the Commission as soon as possible upon the utility becoming aware of an unscheduled service interruption. Additionally, a utility will make_customers and the general public aware of any unscheduled service interruption for which the utility is required to provide notice by utilizing one or more of the following acceptable methods of public notification as appropriate:6.11.3.a. Fax/e-mail notification to local radio and television stations, cable systems, newspapers and other print and news media in the affected area as soon as possible after the event occurs. The notification must provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or sub-population particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure safety, with updates as often as needed.6.11.3.b. Use of the utility's own Internet web site and 24/7 emergency phone line and integrated voice response system to provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or sub-population particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure safety, with updates as often as needed.6.11.3.c. Other types of notice at the discretion of the utility, including, but not limited to, doorknob flyers distributed to affected ratepayers/occupants, e-mail, text message, and automated dialing system (outbound dialing).6.11.4. Actual notice must be provided to affected health care and childcare facilities and other facilities, for example, schools and restaurants, as determined by consultation with the Commission, the Bureau for Public Health, the Department of Environmental Protection and other state agencies as necessary.6.11.5. A utility shall coordinate with state and local emergency management agencies, as needed, to use any emergency alert system available for qualifying situations.6.11.6. Public Notice Templates. -- Utilities should have public notice templates prepared and available in advance to avoid wasting critical time developing materials when confronted with an unscheduled service interruption. The notices should cover all possible contaminants of concern and associated health effects.6.11.7. Utility Contact Person. -- To ensure that the public is informed in the case of an unscheduled interruption occurring due to an emergency situation, utilities should have a knowledgeable contact person stationed onsite during the emergency, if possible, to communicate to the public and media on behalf of the company.6.12. Moratoria. 6.12.1. Conditions. -- The Commission may impose a moratorium on the system, either entire or apportioned, whenever sufficient evidence exists that the existing facilities are operating in excess of design capacity, that the system capacity necessary for future demand does not exist, or when an increase in customers will result in the degradation of service to existing customers.6.12.2. Petition. -- A utility, Commission Staff, or governmental entity may petition the Commission in writing for the imposition of a moratorium on a system. The petition should include evidence of the existence of conditions outlined in Sewer Rule 6.12.1. If the utility is the petitioner, it must state the utility's plan to remediate those conditions.6.12.3. Imposition by state agency other than the Commission. -- A utility must immediately notify the Commission in writing if a State agency other than the Commission imposes a moratorium on the utility's system.6.12.4. Public notification of petition. -- A party petitioning for a moratorium shall notify the public that such request is being made, through a Class II legal advertisement in the form of Sewer Form No. 3, "Public Notice of Filing of a petition for imposition of a moratorium" attached to these Rules, published no later than fifteen (15) calendar days from the date such request is made to the Commission. The notification shall clearly state which areas of the utility's system are affected, and that interested parties may submit comments to the Commission for consideration.6.12.5. Exemptions. -- Any prospective customer or group of prospective customers may apply to the Commission for an exemption from an existing moratorium. The prospective customer(s) shall make the requests in writing to the Commission, and shall include justification for the proposed exemption.6.12.6. Refusal of Service. -- A utility may not deny service to a prospective customer on grounds of a moratorium until the Commission has imposed a moratorium. Any utility denying service to a prospective customer or group of customers due to a moratorium shall notify, in writing, all applicants for service of the applicant's right to file with the Commission a request for exemption from the moratorium.6.12.7. Improvements to System. -- A utility upon which a moratorium is imposed shall continue to seek improvements to its system necessary to lift the moratorium. The Commission may, at its discretion, require the utility to submit reports outlining all progress made toward system improvements.