Title 20 — Subtitle 70. Service Supplied by Water Companies

Application. These regulations apply to any water utility operating within the State, under the jurisdiction of the Commission.

Purpose. These regulations are intended to promote safe and adequate service to the public, to provide standards for uniform and reasonable practices by utilities, and to outline the responsibility of the public in requesting and receiving service from the utilities.

Exemption. If unreasonable hardship to a utility or to a customer results from the application of any of these regulations, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.

Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.

Duties Under Other Statutes. These regulations do not relieve any utility from any of its duties under the laws of this State.

In this subtitle, the following terms have the meanings indicated.

Terms Defined.

Depth of Mains. Water mains should be installed below the frost line or be otherwise protected to minimize the possibility of freezing and shall have not less than 30 inches of cover except where this depth is not feasible due to underground obstructions or rocky or hardpan conditions.

Dead Ends. The utility should design its distribution system so as to avoid dead ends in its mains. When dead ends cannot be avoided, the mains shall be flushed as often as necessary to maintain the proper quality of the water.

Segmentation of System. Valves shall be provided at reasonable intervals in distribution mains so that, in case of breaks or repairs, a minimum number of customers will be affected. When feasible, valves shall be provided in the mains at intervals not to exceed one continuous block or 500 feet, whichever is greater, except where a dead end run is not intended to serve any intervening customers.

Grid Systems. The distribution system should be laid out in a properly segmented grid so that, in case of breaks or repairs, a minimum number of customers will be affected.

Minimum Pipe Sizes. The distribution system shall be of adequate size and designed to maintain the pressures within the range required by COMAR 20.70.07.02. The pipe used in the system should be at least 6 inches in size. In special cases pipes of the sizes listed below may be installed. However, the maximum length from any connecting main at least 6 inches in size should not exceed the following:

Utility's Service Pipe. The utility shall furnish, install, and maintain the following:

Curb Stop. Curb stops are for the exclusive use of the utility for control of the water supply to individual customers and should not be located on the customer's property. The control of the water supply by the customer shall be by means of a separate valve, located just inside the building wall.

Customer's Service Pipe. The customer shall be responsible for furnishing, installing, and maintaining the service pipe from the curb stop or outlet of outdoor meter setting to the place of consumption on his premises.

Construction Standards. The service pipe shall be constructed of approved materials and shall be installed and maintained in accordance with accepted good practice and in conformance with applicable codes or governmental regulations.

Cover and Size. All service pipes should be installed below the frost line or be otherwise protected to minimize the possibility of freezing and shall have at least 3 feet of cover. All service pipes shall be at least 3/4 inch inside diameter.

Proximity to Sewer Pipe. A water service pipe may not be laid in the same trench with sewer pipe.

Valve Required. Every service pipe shall be provided with a valve and waste cock on the inside of the foundation wall adjacent to the location where the pipe passes through it, easily accessible, and fully protected from freezing. All pipes in the building shall be laid in such a way that they can be fully drained by the waste cock.

Inspection. If a governmental agency requires an inspection of the customer's plumbing then the utility may not connect the service until it receives a notice from the inspecting agency certifying that the customer's plumbing is satisfactory.

Meter Installation. The utility shall furnish, install, and maintain all meters. Utilities should make available to customer's plumbers sketches of standard meter installations which show the way in which the customer's portion of the installation should be made.

Meter Location. The meter shall be set at a location designated by the utility on the delivery side of the curb stop, and may be inside the building or it may be outside, near the property line, in an appropriate box or vault. If the customer desires any change in the location or position of the meter, meter box, or vault, after they have been installed, the change in location shall be made by the utility at the expense of the customer.

Applications. Applications for extensions of water mains shall be made in writing.

Ownership of Extensions. Any facilities installed in connection with the extension of mains shall become the property of the utility.

Construction Specifications. The size, type, quality of materials, and their location shall be specified by the utility and the actual construction shall be done by the utility or by a constructing agency acceptable to it.

Calculating Length of Extension. In arriving at the length of main extension necessary to render service at any point, the distance from the point to the nearest main shall be considered along lines of proper construction, due consideration being given to the general layout of the system.

Electing Alternate Route. When the property of the applicant is located adjacent to a street or highway exceeding 70 feet in width, or a freeway, waterway, or railroad right-of-way, the utility may elect to install a main extension on the same side thereof as the property of the applicant, and the estimated cost in the case may be based on such an extension.

Established Grades Required. The utility may not be required to make extensions where grades have not been brought to those established by public authority.

Requirements of Public Authorities. When an extension must comply with an ordinance, regulation, or specification of a public authority, the estimated cost of the extension shall be based upon the facilities needed to comply with the requirements.

Utility's Portion of Extension. The utility shall extend its water mains to serve new customers, other than subdivisions, housing projects, industrial developments, etc., at its own expense, when the cost of the required total length of main extension is not in excess of three times the estimated annual revenue to be derived from the extension, which amount shall be designated the “allowance.”

Estimated Annual Revenue. For the purpose of these regulations, the estimated annual revenue for residential service shall be the utility's average annual revenue per residential customer for the prior calendar year, this average to be effective on April 1st and used until the following April 1st. In unusual cases and for other classes of service, the utility may estimate the annual revenue to be derived in each case.

Customer's Portion of Extension. If the estimated cost of the required total length of main extension is in excess of the “allowance” for the service connections applied for, the applicant for the service shall be required to advance to the utility before construction is commenced that portion of the estimated cost of the extension over and above the “allowance.” The amount of the advance to the utility may not include any costs of increasing the size or capacity of the utility's existing mains or any other facilities used or necessary in connection with the proposed extension, except as provided in §L, of this regulation. If the actual cost of the extension is less than the estimated cost, the utility shall promptly refund to the applicant any overpayment.

Division of Customer's Portion of Extension. When more than one applicant is involved and an advance is required in payment for a main extension in excess of the “allowance,” the amount of the advance shall be divided equally among the applicants, except that some different allocation may be approved by the utility under special conditions.

Extensions to New Subdivisions and other Developments. An applicant for a main extension to serve a new subdivision, tract, housing project, or industrial development shall be required to advance to the utility before construction is commenced the estimated reasonable cost of installation of the mains, from the nearest existing main at least equal in size to the main required to serve the development, including necessary service stubs or service pipelines, fittings, valves, and housings therefor, and including fire hydrants when requested by the applicant or when required by public authority, exclusive of meters. If additional facilities are required specifically to provide supply, storage, or pressure exclusively for the service requested, the cost of the facilities may be included in the advance upon approval by the Commission.

Basis For Refunds. For each new customer connected to an extension on which the utility holds refundable deposits, the utility shall refund three times the estimated annual revenue to be derived from the customer. Refunds shall be made within 90 days after the new customer's service is connected and shall be made to the depositors who advanced the money for the extension. If more than one depositor is entitled to receive a refund, the total amount shall be divided in proportion to the amount of the unrefunded advance of each depositor.

Disposition of Advances. Advances which may be required from applicants in payment for extensions will be held by the utility without interest. Refunds shall be made in accordance with these regulations and no depositor will have refunded to him an amount in excess of the amount of his advance. Any amount remaining unrefunded at the end of 10 years from the date the advance was received by the utility shall be retained by the utility and transferred to the Contributions in Aid of Construction account.

Rates. Each schedule of rates for service.

Rules. The utility's rules, or terms and conditions, describing the utility's policies and practices in rendering service.

Special Contracts. Each utility shall file with the Commission a copy of each contract for service not covered by the utility's filed tariff.

Installation Rules. Each utility shall file with the Commission a copy of the utility's rules, if any, designed by the utility for the use of engineers, architects, contractors, etc., covering service installations.

Bill Forms. Each utility shall file with the Commission a sample of each type of customer bill form, which shall include the information normally shown on a customer's bill for service.

Map of System. Each utility shall file with the Commission a map showing the utility's water system. This map shall be revised annually unless no revision is necessary, to reflect a material change in the items listed below. The map on file should reflect the current status of the following items:

Persons to Contact. Each utility shall file with the Commission the name, title, address, and telephone number of the person who should be contacted in connection with the following areas of operation, and shall notify the Commission promptly of any changes:

Fatal Accident Notice. In the event of a fatal accident, prompt notice shall be given to the Commission by telephone.

Accident Notice. Each utility shall file with the Commission an “Accident Notice” report, on forms provided by the Commission, within 30 days after the end of any month during which an accident occurred.

Construction Reports. Each utility shall file with the Commission a notification of all proposed important additions to plant, the construction of which was started by the utility during the preceding month. For the purpose of this regulation, an important addition to plant means a single project involving the expenditure of at least $50,000, or an amount equivalent to at least 10 percent of the total water plant in service, whichever is less. The notification shall be submitted, in duplicate, on forms supplied by the Commission. One copy will be numbered for identification and returned to the utility to be completed and returned to the Commission when the construction of the project has been completed to the extent that the facility was placed in operation during the preceding month.

Location of Records. Each utility shall notify the Commission of the location at which it keeps the various classes of records required by these regulations.

Applications. All applications for water service should be made in writing.

Application Constitutes Contract. The accepted application shall constitute a contract between the company and the applicant, obligating the applicant to pay for water service in accordance with the utility's tariff currently on file with the Commission, and to comply with this subtitle.

Termination of Service. When a customer desires to have his service terminated, he shall notify the utility and the notification should be in writing.

System Maps or Records. Each utility shall maintain up-to-date maps, plans, or records of its entire transmission and distribution systems, with such other information as may be necessary to enable the utility to advise prospective customers and others entitled to the information, as to the facilities available for serving customers within its service area.

Selecting Rate Schedule. Each utility shall assist the customer or prospective customer in selecting the most economical rate schedule.

Notifying Customers. Each utility shall notify customers affected by a change in rates or schedule classification.

Tariff Notice. Each utility shall post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that a copy of its tariff, as filed with the Commission, is available for inspection.

Meter Reading Instruction. Upon request, each utility shall inform its customers as to the method of reading meters.

Other Information. Each utility shall furnish such additional information as the customer may reasonably request.

Meter Reading. The reading of the meter at the end of the period for which the bill is rendered.

Meter Reading Date. The date on which the meter was read.

Units Used. The number and kind of units metered.

Rate Schedule. The applicable rate schedule, or identification of the applicable rate schedule. If the actual rates are not shown, the bill shall carry a statement to the effect that, on request, the applicable rate schedule will be made available for examination.

Amount. The gross or net amount, or both, of the bill.

Payment Date. The date by which the customer must pay the bill in order to benefit from a discount or to avoid any penalty.

Estimated Bill. A distinct marking to identify an estimated bill.

Additional Billing Information. Any conversions from meter reading units to billing units or any calculations to determine billing units from recording or other devices, or any other factors used in determining the bill. In lieu of this information on the bill, a statement shall be on the bill advising that the information can be obtained by contacting the utility's principal office.

Fast Meters. If a meter is tested and found to have over-registered more than 2 percent, the utility shall recalculate the bills for service of the last customer of record receiving service through the meter and shall make a refund if the amount of the adjustment exceeds $1. The refund shall be for the period that the customer received service through the meter, but for not more than the periods established below:

Slow Meters. Whenever a meter is found to be more than 2 percent slow, the utility may bill the customer one-half of the unbilled error for a period of 12 months, unless the meter has been tested within that 12-month period, in which event the utility may bill the customer one-half the unbilled error for the period since the meter was last tested. If the amount of under-registration is less than $5, the utility may not adjust the bill.

Accuracy Calculations. Billing adjustments due to fast or slow meters shall be calculated on the basis that the meter should be 100 percent accurate. For the purpose of billing adjustment, the error in registration of the meter shall be calculated and applied as specified in COMAR 20.70.06.04.

Overcharge Adjustment. When a customer has been overcharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, or other similar reasons, the amount of the overcharge shall be refunded or credited to the customer, except for an overcharge resulting from an incorrect reading of the meter where the amount will automatically be corrected in a subsequent billing based on a correct meter reading.

Undercharge Adjustment. When a customer has been undercharged as a result of an incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, stopped meter, or other similar reasons, the amount of the undercharge may be billed to the customer. However, the utility may deny service for non-payment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error, unless otherwise authorized by the Commission.

The utility may discontinue service without notice for any of the following reasons, and service may not be restored until the cause for the disconnection has been corrected:

A reasonable charge may be made for restoring service disconnected under this regulation, and customers who have been disconnected for unauthorized use of water or for damaging the utility's equipment may be charged the actual cost of reconnecting the service.

The utility may deny service for any of the following reasons provided it has notified the customer of its intent to deny service and has allowed the customer a reasonable time in which to remove the cause for denial:

When water has been turned off for any of the reasons specified in this regulation, a charge may be made for restoring service. This reconnection charge may not exceed $2 for restoring service to a residential or commercial customer, unless the utility has filed a different charge with the Commission.

The following may not constitute sufficient cause for refusal of service to a present or prospective customer:

This regulation applies to both residential and nonresidential classes of service.

Leakage Control. The customer should maintain his service pipe and all piping and fixtures on or in the building so that any loss of water through leakage is kept to a reasonably small amount. If the leakage becomes excessive, it may be treated as a willful waste of water.

Willful Waste. Unnecessary or excessive use of water may be treated as a willful waste of water.

Customer Use. Unless the authorized tariff provides for flat-rate billing for the customer class, all water sold by a utility shall be on the basis of meter measurement.

Utility Use. Wherever practicable, the use of water within the utility itself, or by administrative units associated with it, shall be metered.

Customer's name, address, and rate schedule;

Identifying number or description of the meter, or both;

Meter readings;

Date of meter reading;

If the reading has been estimated; and

Any applicable multiplier or constant.

Each utility shall maintain test records for each meter, which shall include the following:

If the test of the meter is made by using a standard meter, then the utility shall retain all data taken at the time of the test in sufficiently complete form to permit the convenient checking of the test methods and the calculations.

Meter Shop. Each utility shall maintain or designate a meter shop where meters may be inspected, tested, and repaired. The shop shall be open for inspection by authorized representatives of the Commission at all reasonable times, and the facilities and equipment, as well as the methods of making measurements and tests, shall be subject to the approval of the Commission.

Accuracy of Test Equipment. The accuracy of the test equipment and of the test procedures shall be such that the overall error will not exceed 0.3 of 1 percent.

Requirements. Each meter shop maintained or designated by a utility shall have at least one calibrated tank for volumetric measurement or a tank mounted upon scales for weight measurement. The tank shall be of sufficient capacity to insure an acceptable determination of the accuracy of the utilities' meters.

Calibration. Working standards shall be checked periodically (see Regulation .09B of this chapter) by comparison with approved secondary standards.

Certificates. Each standard shall be accompanied at all times by a certificate or calibration card, duly signed and dated, on which are recorded the corrections required to compensate for errors found at the customary test points at the time of the last previous test.

Care in Handling. Extreme care shall be exercised in the use and handling of standards to assure that their accuracy is not disturbed.

Procedure. The following procedures shall apply to the testing and adjusting of meters and associated devices:

Test Flows. For determination of minimum test flow and other normal test flows, the Commission will use as a guide the appropriate standard specifications of the American Water Works Association for the various types of meters. These flows for displacement type cold water meters are as follows:

Tests to Determine Error in Registration. Meters shall be tested at the following three flows:

Pre-Installation Tolerances. A meter may not be placed in service if it registers less than 90 percent of the water passed through it at the minimum test flow or over-registers or under- registers more than 1-1/2 percent at the other test flows.

Calculation of Error. The percentage by which the correct registration varies from the meter registration is derived by stopping the meter test hand at the starting point and then determining the percentage variation in registration as indicated by the working standard. The formula for determining the percentage error in registration is:

Error in Registration for Billing Adjustments. The error in registration of a meter for billing adjustments shall be the algebraic average of the error in registration at the following two rates of flow:

Application of Error for Billing Adjustments. The meter error derived in §C, of this regulation, shall be used to calculate the correct consumption of water by applying the derived error in registration to the volume of water consumption indicated by the meter. If the meter is fast then the volume of water indicated by the meter registration shall be reduced by applying the calculated error in registration. If the meter is slow then the volume of water indicated by the meter registration shall be increased by applying the calculated error in registration.

Approval. A meter may not be placed in service unless:

Re-Installation. When any meter is removed from service it shall be repaired if necessary so that it conforms to the registration tolerances specified in Regulation .04A before being placed in service again.

Request For Test. Upon request by a customer and at no charge, the utility shall make a test of the accuracy of registration of the meter serving the customer, provided that these tests need not be made more frequently than once in 24 months.

Customer May Observe. The customer, or his representative, may be present when the meter is tested.

Report to Customer. A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of the test, shall be kept on file at the office of the utility for at least 3 years.

Application For Test. Upon written application to the Commission by a customer or a utility, a test will be made of the customer's meter as soon as practicable by a representative of the Commission.

Deposit For Test. The application shall be accompanied by a deposit as indicated: Water meter—$10.

Notice to Utility. On receipt of a request from a customer the Commission will notify the utility and the utility may not knowingly remove or adjust the meter until instructed by the Commission. The utility shall furnish to the Commission's representative such reasonable assistance as may be required to make the test.

Customer May Observe. The customer, or his representative, may be present when the meter is tested.

Report to Customer. A written report of the results of the test will be sent to the customer and to the utility.

Disposition of Deposit. If the meter is found to over-register more than 2 percent, calculated in accordance with Regulation .04C, the deposit shall be refunded by the Commission and the utility billed the amount of the deposit. Otherwise the deposit will be retained and disposed of according to law.

Meters.

Working Standards.

General. Each utility shall provide water that is potable, and, insofar as practicable, free from objectionable odors, taste, color, and turbidity. Each utility shall have a permit as required by the health laws of the State, and shall comply with the laws and regulations of the Department of the Environment and local departments of health.

Water Supply. The source of supply shall be:

Operation of Supply System.

Testing of Water. Each utility shall cooperate with the Department of the Environment in the conduct of its water quality sampling program.

Allowable Pressures. Under normal conditions of use of water, the pressure at a customer's service connection shall be:

Exceptions to Pressure Requirements. Pressure outside the limits specified will not be considered a violation when the variations:

Pressure Gauge. Each utility having more than 100 customers shall have at least one portable recording pressure gauge.

Point of Measurement. Pressure measurements should be made at the customer's service connection. If no outlet is available at this point, the measurement may be made at the nearest available outlet, making due allowance for any pressure differential between the point of customer's service connection (usually the curb or property line) and the point of measurement.

Survey by Utility. Each utility shall make a sufficient number of pressure measurements in order to determine if pressures throughout the system are in compliance with the requirements of Regulation .02.

Survey Records. Pressure records obtained under §C of this regulation shall be retained by the utility for at least 2 years and shall be available for inspection by the Commission's representatives at all times. Notation of each pressure record shall indicate the following:

Endeavor to Avoid Interruptions. Each utility shall make reasonable efforts to avoid interruptions of service but when interruptions occur, service shall be re-established within the shortest time practicable that is consistent with safety.

Notification to Commission. Each utility shall notify the Commission by telephone or telegraph of any interruption to the service of a major portion of its distribution system when the interruption lasts for more than 6 hours.

Notification to Public Officials. If an interruption affects the service to any public fire protection device, the utility shall immediately notify the public official responsible for fire protection.

Standby Pumping Equipment. When the system pressure is provided through mechanical means, emergency standby pumping equipment or other adequate facilities shall be available to maintain pressure in the mains in the event of a failure of the primary pumping facilities.

Planned Interruptions. Planned interruptions shall be made at a time that will not cause unreasonable inconvenience to customers and shall be preceded, if feasible, by adequate notice to those who will be affected.

Record of Interruptions. Each utility shall keep records of interruptions of service on its system and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of the interruptions. The records should include the following information concerning the interruptions:

Restrictions on Outdoor Use. The utility may impose reasonable restrictions on the outdoor use of water during periods of shortage of supply, excessive demand, or other difficulty which jeopardizes the supply of water to any group of customers.

Restrictions on Large Use Customers. The utility may impose reasonable restrictions on the use of water by customers who use large quantities of water and thereby create conditions which prevent the company from supplying satisfactory service to that customer, or to other customers.

Notification. If a utility finds that it is necessary to restrict the use of water, it shall notify its customers, and give the Commission written notice, before the restriction becomes effective. The notifications shall specify:

Exercise Reasonable Care. Each utility shall exercise reasonable care to reduce the hazards to which its employees, its customers, and the general public may be subjected.

Investigation by Commission. The utility shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.

Record of Accidents. Each utility shall maintain a summary of all reportable accidents arising from its operations.

Adopt Safety Program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations.

Use Suitable Tools and Equipment. Each utility should require its employees to use suitable tools and equipment in order that they may perform their work in a safe manner.

Promote Safe Work Methods. Each utility should require its employees to use safe methods in performing their work.

Instruct in Artificial Respiration. Each utility should require that its employees who, in the course of their work, are subject to the hazards of asphyxiation, electrical shock, or drowning, be properly instructed in accepted methods of artificial respiration.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

A Staff-assisted rate case shall be developed upon the submission of the following documents to the Commission’s Executive Director:

Upon receipt of all completed materials listed in §A of this regulation, the Commission’s technical staff shall send the applicant and the Maryland Office of People’s Counsel written notice that the application has been received, and the staff-assisted rate case shall be deemed submitted.

If the application is not complete:

The procedures for a staff-assisted rate case are:

Upon approval from the Executive Director, technical staff’s report shall be sent to the applicant for its review and acceptance. Following the applicant’s acceptance, the report shall be sent to the Maryland Office of People’s Counsel and any known affected community association whose members are served by the applicant for the purpose of determining whether the proposed rates contained in technical staff’s report can be agreed upon.

The applicant, the Maryland Office of People’s Counsel, the Commission’s technical staff, and any other interested persons shall engage in negotiations for the purpose of reaching a settlement agreement.

If an agreement is reached, it shall be reduced to writing in the form of a stipulation and settlement with such exhibits as are appropriate.

A stipulation and settlement derived under §A of this regulation shall be filed with the Commission together with a summary letter from technical staff and the technical staff report.

Upon filing as described by §C of this regulation, the stipulation and settlement shall be assigned a case number and treated as any other case which is filed with the Commission.

If no agreement is reached under §A of this regulation, the applicant may file a request for a revision of its retail rates under Public Utilities Article, §§4-203(a) and 4-204, Annotated Code of Maryland.