Terms and Conditions

Filed at the Office of the Public Utilities Commission
As Amended February 1, 2008

Billing Procedures
Collection Charge for Past Due Bills
Diversion Charge
Restoration of Service
Late Payment Charges
Multi-unit Properties
Interest on Deposits
Charge for Returned Checks
Charge for Testing Cross Connection Backflow Device
Charge to Flow Test Hydrants
Charges for Repair or Replacement of Damaged Water Meters
Rebate Policy
Faulty Remote Meter Adjustment Policy
Liability
Water Service
Isolation Valve
By-Pass Valve
Cross-Connection 
Maintenance of Plumbing
Fluctuation of Pressures by Customer's Apparatus
Safeguarding Direct Pressure Water Devices and Systems Supplied by Automatic Feed Valves
Access to Premises
Unauthorized Use of WaterSeasonal Customer
Water Meters and Meter Reading Device
Meter Maintenance and Accuracy
Close Metered Accounts
Meter Pit Policy
Size of Water Distribution Mains
Winter Construction
Fire Hydrants
Private Fire Protection
No Tampering With District Property
Commission Appeal
Low-income Customer Assistance Program
Disconnection Process for Overdue Combined Water and Municipal Sewer Balances
Credit for Water to Metered Customers and Municipal Fire Service Customers
New Customer Activation Fee
New Main Extension Fee
New Meter or Service Fee

These Terms and Conditions produced by the Portland Water District, and accepted by the Maine Public Utilities Commission will govern and guide the District in the operation of its business.

All District residential credit and collection procedures in these Terms and Conditions will conform and be based upon Chapter 810 of the Maine Public Utilities Commission, except as hereinafter noted. All commercial and industrial credit and collection procedures in these Terms and Conditions will conform and be based upon Chapter 860 of the Maine Public Utilities Commission, except as hereinafter noted

Except as explicitly provided herein, these Terms and Conditions are not intended to modify any rights or duties of the District or any customer or any authority of the Public Utilities Commission under any provision of Maine law, including Title 35-a of the Maine Revised Statutes Annotated or the rules and regulations of the Maine Public Utilities Commission.

1) Billing Procedures

All bills are past due no less than twenty-five (25) days from the postmark date. Bills may be rendered monthly, bimonthly, quarterly, or by the season at the option of the District. The customer will be responsible for providing a correct billing address. Failure to receive a bill does not relieve the customer of the obligation of its payment, nor from the consequence of nonpayment.

If District personnel visit the customer’s premises to disconnect service for nonpayment and in lieu of actual disconnection, the customer pays or makes a payment arrangement for the entire balance due the District will charge a collection fee of $19.00.

2.1) Diversion Charge

If District personnel expend time investigating and documenting a diversion of water by a customer, and the investigation leads to a bill adjustment, the customer shall be responsible for all documented costs of investigation and adjustment incurred by the District, unless fees are otherwise  recovered pursuant to 35-A M.R.S. § 2705.  For purposes of this section, Diversion shall mean the diversion of flow around the meter to evade charges as well as the unauthorized reconnection of service by a customer or his/her representative after water has been shut off due to nonpayment.

The District will charge a customer a connection fee to restore services at the customer's premises if service was disconnected for nonpayment of bills, violation of the Terms and Conditions, fraudulent use of water, dangerous conditions on the customer's premises, violation of Commission rules, or at the customer's request, including requests to have the curb stop operated to enable work to be done on private property

The connection charge is $30.00 for each resumption of service made during the normal business hours of 7:30 a.m. to 7:00 p.m., Monday through Friday. The charge during other hours is $35.00 per hour with a minimum charge of $90.00.

Late payment charges are assessed for overdue water bills that are not paid within 25 days from the postmarked date. The interest rate charged will be at the maximum allowed under MPUC Chapter 870, Section 1.

Lien Charges for Multi-Unit Properties

Before disconnection for nonpayment of a multi-unit rental property water bill, the District will enforce its lien rights in accordance with 35-A M.R.S.A, Section 6111 to collect a past due water bill. A $740.00 charge covering lien notification, preparation, filing, and processing will be added to the past due amount, and included as part of the lien filing.

Disconnection of Multi-Unit Properties

The District may authorize separate metering of each dwelling unit at the landlord’s expense, if the dwelling is disconnected for nonpayment of an overdue amount.

The interest rate paid on all deposits will be in accordance with Chapter 870 of the Commission's Rules and Regulations.

A charge will be made to the account of any customer whose check is returned by the bank for reason of insufficient funds. The charge shall be the greater of $5.00 or an amount equal to the actual bank charges up to but not exceeding $15.00. The utility will furnish the customer with proof of any bank charges in excess of $5.00.

The charge to test one cross connection backflow device at a customer's premises is $33.00. Each additional device tested concurrently in the same building is charged at the rate of $14.00 each.

For flow test of a single hydrant the charge is $146.00and $29.00 for each additional hydrant concurrently tested at the same site.

The charges to customers for costs incurred for the replacement of meter(s) one inch or less damaged due to improper care by customers are as follows:

Repair Meters Charges

*Reflects minimum three-hour call out and overtime rate.

Meters larger than one inch will be billed the actual cost of replacement.

The District may rebate a portion of a customer's bill for leakage. The rebate will only be available one time during a five-year period on each account. Proof may be required to substantiate the leakage and repair. The rebate will be based upon deducting one-half of the billing in excess of normal usage. In no event will the rebate apply to leakage that occurred more than one year prior to the time the customer notifies the District of the leakage.

If the District finds that a remote reading meter has under reported actual usage, it will abate one-half of the difference between the actual usage and the remote reading. However, the amount rebated cannot exceed the previous year's usage.

The District will only be liable for any damages arising from any claim by a customer to the extent liability is expressly provided in the Maine Tort Claims Act as set forth in Title 14, Chapter 741 of the Maine Revised Statues Annotated. The District makes no representations or warranties about the suitability of any water provided by the District for any particular purpose.

The District will provide notice of any shut off to affected customers in accordance with Chapter 620(2)(H) and will make a prorate reduction in the customer’s bill as provided in that subsection.

The applicant for a new water service shall provide upon request from the District, the name of the installing contractor, an approximate date of installation, a lot location or site plan, and the estimated maximum gallon per minute demand for this service. The service pipe on private property shall be adequately sized according to District standards, and rated at withstanding 160 pounds per square inch of working pressure.

Every service must be equipped with operable isolation valves, with one valve above and one valve below the meter. The valves shall be located inside the building, near the service entrance and be easily accessible. The valves and meter shall be protected from freezing. All piping shall be so arranged as to prevent backsiphonage and to permit drainage whenever necessary. The isolation valve shall be owned and maintained by the customer.

15.2) By-Pass Valve

Effective February 1, 2008, customers desiring a by-pass valve must file an application for such valve with the District. Services shall be equipped with a by-pass valve only if the meter is 1.5" or larger, and if the applicant can document a need for business continuity to the satisfaction of the District. A by-pass valve shall be owned and maintained by a customer;  it shall only be installed after the approval by the District, and shall be sealed shut.  It can only be operated with the consent or approval of the District.  In the event that the by-pass valve is unsealed or operated without the consent or approval of the District, the District, in its discretion, may require removal of the by-pass valve at the customer's expense.

No cross connection between the public water supply and any other supply will be allowed unless properly protected and supervised in accordance with the Department of Human Services rules, the District's formal cross connection control program, and the Public Utilities Commission's Chapter 62 Service Standards.

To prevent leaks and damages, all customers shall maintain at their own expense the plumbing and fixtures within their own premises in good repair and protect them from freezing. In the event of a frozen service, the District will inspect and determine where the service line is frozen. All costs associated with inspecting and thawing a frozen service line on private property shall be borne by the customer.

No customer shall install or use a water consumption apparatus that will affect the District's pressure or operating conditions so as to interfere with the service of another customer. If a customer has, or proposes to install an apparatus which requires water in sudden and/or material quantities, the District reserves the right to require the customer to install devices or apparatuses, which will confine such fluctuations of demand or reduction of pressure within reasonable limits as determined by the District.

If the customer, after receiving written notice from the District, fails to present an acceptable remedial plan within a time limit set by the District, service will be discontinued pursuant to provisions of the Public Utilities Commission’s Chapter 810.

19) Safeguarding Direct Pressure Water Devices and Systems Supplied by Automatic Feed Valves

All customers having direct pressure water devices, including but not limited to booster pumps, hot water tanks or secondary systems supplied by automatic feed valves shall install and maintain at the customer’s expense appropriate vacuum, temperature, pressure relief valves, and lower water cutouts in their water system to prevent damage, should it become necessary to shut off the water main or service, or should a pressure failure occur for any other reason. Water service supplied to any customer not providing such protective devices will be strictly at the risk of the customer, and the District will not be held liable for damage resulting from lack of or failure of such protective devices.

Employees of the District with proper identification shall have free access at all reasonable hours to all premises served by the District. The District’s employees will be permitted to inspect all plumbing and fixtures, to set, remove, or read meters, to ascertain the amount of water used and the manner of use, and to enforce these terms and conditions.

No customer shall supply water to another, nor shall water be used for any other purpose except normal domestic usage and fire protection without District approval. No unauthorized person shall obtain water from a hydrant or other District fixture without prior District consent.

A seasonal customer regularly takes service for only a portion of the year from either a summer or year-round main. A seasonal customer will be subject to the rules and rates of seasonal service. A customer regularly vacating the premises for three months or less may elect, in writing, to be classified as an annual customer subject to annual charges. Seasonal customers served by a surface main shall be provided water service between May 1 and October 15.

The District will provide only one meter per each service. Meters must be installed in a clean, dry, warm area at a point that is close to where the service pipe enters the customer’s premises and is readily accessible to District representatives. Additional meters may be purchased by the customer. Maintenance of all District meters is provided at the District’s cost. If additional auxiliary or submeters are required by the customer for calculating subdivision of supply, they shall be purchased, installed and maintained by the customer.

The District shall install remote reading devices. The most beneficial location of this device, for efficient and safe meter reading purposes, will be determined by the District.

The District has a program that removes, repairs, and tests, all meter sizes from 5/8" through 2" upon a twenty-year service period. Meters 3" and larger are tested in conformance with Public Utilities Commission Chapter 62 standards. Customer requests to test a water meter for accuracy are accommodated by the District without charge once every 18 months. More frequent tests of meters larger than one inch are at the customer’s expense based on the District’s actual costs. More frequent tests of meters one inch or smaller are subject to a 65.00 charge. It is recommended that the customer witness the meter test.

25) Close Metered Accounts

To close an account, the District may require the meter to be removed and the service shut at the curb stop.

Upon closing the account, the customer requesting the account be closed shall pay for the cost of the removing the meter if no one else is taking responsibility for billing and if the District is not provided access to retrieve the meter or the meter can not be located on the customer premises. The fee charged shall be the fees noted in section 10. The fee shall not be charged only if the customer does not have the ability to provide access to the meter. The fee shall be refunded to the customer if another customer takes responsibility for the account or the meter is retrieved subsequently.

The District may require the a customer of a property to supply and install and maintain a meter pit(s) to the District’s specifications at the customer’s expense as a condition of service when:

a. The actual laying length of the service pipe measures over 300’ from the street line.

b. The service location makes discovery of a possible leak unlikely.

c. The use of service pipe deemed by the District to be inferior makes the possibility of a leak likely. (Copper pipe must be type K; plastic pipe must be rated 160 PSI.)

d.  A single service supplies two or more units with no suitable common area (accessible independently of any individual tenant/owner) in which to install the meter.

e. A property of two or more units is supplied through multiple services, any one of which is located in front of, or enters a unit other than, the one it serves.

f. The customer does not provide a clean, warm, dry, and accessible location for the meter and its appurtenances.

g. The customer does not furnish an otherwise suitable location for a meter inside the customer’s building.

h. The customer shall provide the District with the meter pit diagram describing the proposed meter pit specification for the District’s review and approval prior to the construction of the meter pit

All meter pits shall be installed on the customer’s property and installed as follows:

a. In such manner to keep the pit clean and dry at all times.

b. In such manner to allow District representatives to have access to the pit during normal business hours.

c. On the customer’s property.

The District provides water for domestic purposes and fire protection. The District requires all distribution water mains be adequately sized in accordance with Chapter 65 of Maine Public Utilities Rules and Regulations.

No new water mains or services will be installed during winter conditions unless the customer assumes all extra expenses over the ordinary construction expense

Fire hydrants may not be used for any purpose other than the extinguishments of fires, training purposes, or for such other purposes as may be agreed upon by the District and the municipality or owner of a private hydrant. In no case shall fire hydrants be operated by a person other than an agent of the District, except when used for fire protection or training purposes.

Customers requiring private fire protection should contact the District to ascertain the availability of fire service at their location. Fire service, if available, will be installed at the customer’s expense within the bounds of the public way or right-of-way. The fire service line, after installation, will be owned and maintained in the public way or right-of-way by the District. The District does not guarantee any quantity of water or pressure available through a fire protection service. The owner of such service shall determine, from time to time, the adequacy of supply through the fire service by conducting tests of the private system. Timely notice must be given the District so a representative of the District can be present to observe the test.

31) No Tampering With District Property

There shall be no tampering with District property. No valve, shut-off, hydrant, or standpipe, which is the property of the District, will be opened or closed or otherwise operated, by any person other than District authorized persons.

In the case of any disagreement or dispute regarding the application of any provision of these terms and conditions or in circumstances where the application of these terms and conditions appears unjust, either party may refer the matter to the Public Utilities Commission for resolution.

The Public Utilities Commission may grant exceptions to the provisions of these terms and conditions for good cause shown.

The District is supporting, in conjunction with Peoples Regional Opportunity Program (PROP), a program to provide financial assistance to low-income residential customers for the purpose of taking positive steps towards reducing water consumption to make water more affordable.

The District has authorized PROP to administer a program to repair, replace or install plumbing fixtures and water saving devices with regard to the following:

• leaking or broken water pipes
  
• toilets
  
• hot water tank
  
• kitchen faucets
  
• bathtub faucets
  
• showerheads
  
• outside faucets
  
• toilet dams
  
• low-flow devices

3. This program will be offered to all qualified residential customers of the District.

1. A qualified residential customer must:

a. Own and occupy a year-round residence within the District service area.

b. Be low-income qualified, by showing evidence of having an annual household income that is equal to or below 80% of Area Median Income (AMI) as defined by US HUD.

2. Must demonstrate through a home audit provided by PROP, a need for the program’s services.

33-C) General Provisions

1. The dwelling unit owner must agree to leave in place at the premises any water saving measures installed under this program.

2. PROP will determine customer eligibility, complete a home audit, develop a remediation plan, subcontract work to be completed, and inspect completed work.

3. Qualified applicants will be assisted on a first come, first served basis up to the allocated amount provided to the program by the District. Exceptions will be made at the discretion of PROP for emergency situations that jeopardize health or safety.

4. The District will fund this program on an annual basis and reserves the right to discontinue program support at any time.

1. The District along with municipalities, PROP Central Intake and Outreach staff, Human Service organizations, and the public at large, will refer homeowners to PROP for qualification.

2. All specific services provided by this program will be delivered to qualified participants at no cost to the participant.

34-A) Policy: The District, as sewer billing agent for several municipalities, may disconnect water service to customers receiving sewer service from those municipalities for non-payment of an undisputed balance, if the Total Amount Overdue is greater than $200.00 and more than 50 days old.

34-B) Definitions: Service Classification - "Service classification" includes water and sewer services billed as residential, commercial, industrial, and governmental accounts.

Total Account Balance - "Total amount balance" means the total water and sewer amount owed by a customer that has been properly billed.

Total Amount Overdue - "Total amount overdue" means the total water and sewer amount billed to a customer that has not been paid by the due date of the bill, or by a date otherwise agreed upon by the District and the customer. Disputed amounts will not be included in the Total Amount Overdue.

34-C) Billing: Bills shall be issued in accordance with applicable sections of Public Utilities Commission Chapters, i.e. Chapters 810, 860, and 870, and the Portland City Code, Section 24.

34-D) Disconnection and Reconnection: A 14-day disconnection notice shall be issued when a customer does not pay or make a payment arrangement on an undisputed balance, and the Total Amount Overdue is greater than $200.00 and more than 50 days old.

Subsequent collection actions, including disconnection and reconnection, shall be in accordance with Public Utilities Commission Chapters 810 and 860, and these Terms and Conditions.

34-E) Payment Allocation: In the event that a payment is received by the District which does not clearly indicate whether the payment is for water or sewer, the District shall attempt to ascertain the intentions of the customer. When such intentions cannot be determined, money received shall be applied first to outstanding water bills, then to outstanding sewer bills.

34-F) Payment Arrangement: The District shall continue to serve a customer who cannot pay the Total Account Balance provided satisfactory payment arrangements are made in accordance with Public Utilities Commission Rules and these Terms and Conditions.

34-G) Dispute Resolution: The District shall resolve disputes in accordance with Public Utilities Commission Regulations.

The District shall accept and respond to inquiries and complaints related to the size or composition of charges. The appropriate municipality shall accept and respond to inquiries and complaints relating to the sewer collector system or the Municipality’s Sewer Ordinance.

In order to implement a credit for all customers pursuant to Chapter 670 of the PUC Rules, the District shall provide a one-time credit on all active customer bills mailed on or after July 3, 2000 until each customer receiving a bill during the month of July, 2000 has received the one-time credit. The amount of the credit shall be equal to 6.78% of the customer’s 1999 annual water net billings. If this one-time credit exceeds the total amount due on the July bill, the unused credit shall be applied to the customer’s future bills.

The customer shall pay a $6.25 fee when the customer requests a change to an existing account causing an additional customer account record to be created.

The applicant requesting a main extension shall pay a $150 fee when the applicant submits the request for the main extension.

The applicant requesting a new service shall pay a $45 fee when the applicant submits the request for the new service.

New customers shall pay the following fees for services 1 inch or less: