OAR 860-037-0075
Refusal of Service


(1)

A wastewater utility may refuse to provide wastewater service to an applicant applying for wastewater service until it receives full payment of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account except as provided below:

(a)

When a customer or applicant whose service was terminated applies for service within 20 calendar days of the termination, the wastewater utility shall provide service to an applicant upon receipt of payment equal to at least one-half of any overdue amount. The balance of the amount owed to the utility shall be paid within 30 days of the date service is initiated. Except for the last payment, installments shall be the greater of $30 or one-half the overdue amount;

(b)

Upon failure to pay, the wastewater utility may disconnect water service after providing a written five-business-day notice. The notice shall contain the information and be served in the manner prescribed as provided in OAR 860-036-0245.

(2)

If water service is disconnected for failure to comply with the payment terms for wastewater service set forth in section (1)(a) of this rule, the wastewater utility may refuse to restore water service until it receives full payment of any overdue obligation of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account, including any reconnection fee, late payment fee, and past due bill.

(3)

A wastewater utility may refuse to provide wastewater service until payment is received when the following circumstances exist:

(a)

A residential customer has incurred an overdue balance at a service address; and

(b)

An applicant for residential service resided at the service address described in subsection (1)(a) of this rule during the time the overdue balance was incurred; and

(c)

The residential customer described in subsection (1)(a) of this rule will reside at the location to be served under the new application.

(4)

A wastewater utility shall refuse to provide wastewater service if a customer or applicant has not complied with state and municipal codes and regulations governing service and with the rules and regulations of the wastewater utility.

(5)

A wastewater utility shall refuse to serve a customer or applicant, if, in the best judgment of the wastewater utility, the facilities of the customer or applicant are of such a character that safe and satisfactory service cannot be given.

(6)

If service is refused, the wastewater utility shall provide written notification within 10 business days to the customer or applicant of the reasons for refusal and of the Commission’s complaint process. The utility must send contemporaneously a copy of the notice to the Commission’s Consumer Services Section unless service was refused for nonpayment.

(7)

A wastewater utility shall not accept an application for wastewater service or materially change service to a customer if it does not have adequate facilities or wastewater resources to render the service applied for, or if the desired service is of a character that is likely to unfavorably affect service to other customers. If a wastewater utility refuses wastewater service on the grounds of inadequate facilities or resources, the wastewater utility shall:

(a)

Provide the customer or applicant with a written letter of refusal stating the reason for the refusal. The utility must send contemporaneously a copy of such refusal letter to the Commission’s Consumer Services Section.

(b)

Inform the customer or applicant that he/she may request the details upon which the wastewater utility’s decision was based, including but not limited to current capacity and demand;

(c)

When capacity does not exist, provide the estimated costs to provide capacity for the customer or applicant; and

(d)

Inform the customer or applicant that he/she may challenge the wastewater utility’s refusal of wastewater service through the Commission’s dispute resolution process pursuant to OAR 860-037-0025 (Dispute Resolution).
860‑037‑0001
Scope and Applicability of Rules
860‑037‑0005
Applicability and Formal Requirements
860‑037‑0010
Definitions
860‑037‑0015
Information for Customers and Applicants
860‑037‑0020
Designation of Third Party to Receive Notices
860‑037‑0025
Dispute Resolution
860‑037‑0030
Applications for Water/Wastewater Utility Service
860‑037‑0035
Establishing Credit for Residential Service
860‑037‑0040
Deposit Payment Arrangements for Residential Wastewater Service
860‑037‑0045
Interest on Deposits for Residential and Nonresidential Service
860‑037‑0050
Refund of Wastewater Utility Deposits
860‑037‑0055
Installation of Wastewater Service Connection
860‑037‑0060
Installation of Main Line Extension
860‑037‑0065
Design, Construction, and Operation
860‑037‑0067
Wastewater Disposal
860‑037‑0070
Interruption of Service
860‑037‑0075
Refusal of Service
860‑037‑0080
Restrictions on Entering a Customer Residence
860‑037‑0095
Annual Fees Payable to the Commission by a Wastewater Utility
860‑037‑0097
Estimated Annual Fees Payable to the Commission by a Wastewater Utility
860‑037‑0101
Wastewater Service Charges
860‑037‑0105
Bill Forms
860‑037‑0110
Due and Payable Period
860‑037‑0115
Late-Payment Charge
860‑037‑0120
Adjustment of Bills
860‑037‑0125
Transfer Billings
860‑037‑0205
Grounds for Terminating Customer Wastewater Service by Disconnecting Water Service
860‑037‑0210
Voluntary Water Disconnection for Wastewater Service
860‑037‑0215
Emergency Water Disconnection for Wastewater Service
860‑037‑0220
Disconnection of Water Service on Weekends and Holidays
860‑037‑0225
Accounts Not Related to Residential Service
860‑037‑0230
Disconnection of Wastewater Service to Tenants
860‑037‑0235
Multilingual Disconnection Notice
860‑037‑0240
Reconnection Fee
860‑037‑0245
Disconnection Procedures for All Customers of Wastewater Utility Services
860‑037‑0307
Wastewater Utility Compliance Enforcement by Commission Appointment of Regent to Operate and Manage a Wastewater System
860‑037‑0308
Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs
860‑037‑0309
Commission-Assessed Civil Penalties for Noncompliance
860‑037‑0310
Maps and Records
860‑037‑0320
Location of Underground Facilities
860‑037‑0325
Construction, Safety, and Reporting Standards for Wastewater Utilities
860‑037‑0330
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities
860‑037‑0405
Relating to New Wastewater Utilities
860‑037‑0407
Request for Rate Regulation of an Association within the Boundaries of a City
860‑037‑0410
Tariff Specifications
860‑037‑0415
Tariff Contents
860‑037‑0420
Tariff Changes Require 30 Days’ Notice to the Commission
860‑037‑0425
Announcement of Tariff Changes
860‑037‑0430
Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice
860‑037‑0435
Requirements for Filing Tariffs or Schedules Changing Rates
860‑037‑0440
Requirements for Filing Tariffs or Schedules Naming Increased Rates
860‑037‑0445
Tariff Changes Effective with Service Rendered
860‑037‑0450
Notice to Interested Persons
860‑037‑0505
Form and Filing of Applications
860‑037‑0510
Notice and Approval Requirements Relating to the Sale, Transfer, Merger, Termination, Abandonment, or Disposal of a Wastewater Utility
860‑037‑0515
Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate, or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Public Utility
860‑037‑0517
Acquisition Adjustment
860‑037‑0520
Application by a Wastewater Utility for Authority to Issue Wastewater Stocks, Bonds, Notes, or Other Securities
860‑037‑0525
Applications for Authority to Guarantee Indebtedness
860‑037‑0530
Applications for Approval of Transactions Between Affiliated Interests
860‑037‑0535
Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests
860‑037‑0540
Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535
860‑037‑0545
Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535
860‑037‑0547
Allocation of Costs by a Wastewater Utility
860‑037‑0550
Special Contracts
860‑037‑0555
Relating to City Fees, Taxes, and Other Assessments
860‑037‑0560
Relating to Local Government Fees, Taxes, and Other Assessments
860‑037‑0565
Accounting for Director’s Fees
860‑037‑0567
Accounting for Contributions in Aid of Construction (CIAC)
860‑037‑0570
Accounting for Construction Work In Progress (CWIP)
860‑037‑0605
Preservation and Destruction of Records
860‑037‑0610
Uniform System of Accounts for Wastewater Utilities
860‑037‑0625
Annual Reports
860‑037‑0630
Use of Deferred Accounting as it Applies to Wastewater Operations by Wastewater Utilities
Last Updated

Jun. 8, 2021

Rule 860-037-0075’s source at or​.us