1. (1) Except as provided in sections (4) and (5) of this rule, the water utility must provide the customer with two written notices in advance of disconnection: a 15-calendar day disconnection notice and a 7-calendar day disconnection notice.

2. (2) The 15-calendar day and 7-calendar day disconnection notices under this rule must be printed in bold face type and use plain, simple language. The notices must:

   1. (a) Provide the information required by OAR 860-036-1100(2);
   2. (b) State that the customer’s water service is subject to disconnection on or after a specific date;
   3. (c) Provide the grounds for the proposed disconnection;
   4. (d) State what action the customer must take to avoid disconnection; and
   5. (e) State that the customer may dispute the disconnection by contacting the Consumer Services Section at the contact information provided in OAR 860-001-0020(2).

3. (3) If the disconnection notice is for nonpayment, the notice must also:

   1. (a) State the amount the customer must pay to avoid disconnection;
   2. (b) Provide information about the customer’s eligibility for a time-payment agreement provided in OAR 860-036-1420 for residential customers, unless the customer is being disconnected for failing to comply with an existing time-payment agreement or has engaged in theft of service, tampering with utility property, diverting water, or unauthorized use of water; and
   3. (c) State that once service is disconnected, the water utility will reconnect service only after the customer reapplies for service and pays all applicable charges.

4. (4) Only one written 7-calendar day disconnection notice is required if the customer:

   1. (a) Fails to timely pay a deposit under OAR 860-036-1220(3) or secure a surety agreement under OAR 860-036-1230, or to abide by a deposit installment agreement under OAR 860-036-1240;
   2. (b) Fails to abide by terms of a payment arrangement under OAR 860-036-1270(4) or 860 036-1420; or
   3. (c) Engaged in theft of service, tampering with utility property, diverting water, or unauthorized use of water under OAR 860-036-1590.
5. (5) A water utility may disconnect a customer without issuing either a 15-calendar day or 7 calendar day disconnection notice if the customer has been informed of but fails to comply with a water use restriction imposed under OAR 860-036-1670.
6. (6) All disconnection notices under this rule must comply with OAR 860-036-1550 relating to the disconnection of service to tenants, and OAR 860-036-1120 relating to the designated representatives.

Statutory/Other Authority

ORS 183, 756 & 757

Statutes/Other Implemented

ORS 756.040

History

PUC 1-2017, f. & cert. ef. 1-24-17