Title 20 — Subtitle 75. Service Supplied by Sewage Disposal Companies

Application. These regulations apply to any sewage disposal utility operating within the State, under the jurisdiction of the Public Service 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.

Utility's Service Pipe. The utility shall install and maintain that portion of the service pipe from the main to the boundary line of the easement, public road, or street, under which the main may be located.

Customer's Service Pipe. The customer shall install and maintain that portion of the service pipe from the end of the utility's portion into the premises served.

Requirements for Customer's Service Pipe. The portion of the service pipe installed and maintained by the customer shall conform to all reasonable regulations of the utility. It 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.

Restrictions on Installation. A sewer service pipe may not be laid in the same trench with water pipe unless the water service pipe is laid on a shelf on the side of the trench, not less than 12 inches above and not less than 18 inches horizontally away from the sewer pipe.

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

Applications. Applications for extensions of sewer 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 that point to the nearest main shall be considered along lines of proper construction, due consideration being given to the general layout of the system. Normally, extensions across streets or roads 70 feet or less in width shall be made at the expense of the utility and may not be considered in arriving at the length or cost of the extension to the applicant. However, in a special situation the applicant may be required to bear a part of the cost of crossing the street or road.

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 this 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 required for compliance.

Utility's Portion of Extension. The utility shall extend its sewer 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 plus any special pumping facilities required 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, the 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 plus any special pumping facilities required 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, below. 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.

Extension to Subdivision, Etc. 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, pumping stations, etc. If additional facilities are required specifically to provide the service requested, the cost of these 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.

Regulations. The utility's regulations, 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 operating area. This map shall be revised annually unless no revision is necessary, to reflect a material change in the items listed below. The maps 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:

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 sewerage 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 sewerage 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 sewerage service in accordance with the utility's tariff currently on file with the Public Service 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 force main and collection 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 any locality.

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.

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

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 a penalty.

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

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 the applicable rate schedule will be furnished on request.

Metering Data. If the rate for sewerage service is based on the reading of the water meter, the bill forms shall show:

Noncompliance with Regulations. A utility may decline to serve an applicant until he has complied with this subtitle, and any other applicable State or municipal regulations governing sewer service, and the rules of the utility on file with the Commission.

Utility's Facilities Inadequate. A utility may decline to serve an applicant if it does not have adequate facilities to render the service applied for, or if the intended use is of a character that is likely to adversely affect service to the other customers.

Applicant's Facilities Inadequate. The utility may refuse to serve an applicant if, in its judgment, the applicant's installation of sewer piping is regarded as hazardous or of such character that satisfactory service cannot be given.

Failure to Provide Deposit. The utility may refuse to serve an applicant or customer if he fails to provide the utility with a deposit as authorized in Regulation .03 of this chapter.

Failure to Comply with Service Conditions. A utility may refuse to serve an applicant until he furnishes such service equipment, permits, certificates, or rights-of-way, as shall have been specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.

Utility's Discontinuance of Service. Considerations of health and sanitation require that sewer service should not be discontinued because of non-payment of service charges. The sewerage utility should make use of such legal remedies as may be available for the collection of delinquent accounts.

Applicant's Recourse. If the utility refuses to serve an applicant under the provisions of this regulation or any other regulation, the utility shall inform the applicant of the basis of its refusal, and the applicant may appeal to the Commission for a ruling.

Endeavor to Avoid Interruptions. Each utility shall make reasonable efforts to avoid interruptions of service, but when interruptions occur, service shall be reestablished within the shortest time practicable, 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.

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:

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.