Rule: 38.5.2502 Prev     Up     Next    
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Subchapter: Privately Owned Water Utilities
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) All consumers wanting water service must make an application with the utility. Except as provided in ARM 38.5.2502(2) , the utility may require consumers make a service application at the utility office on printed application forms, which shall set forth all purposes for which the water will be used upon the premises, or the utility may allow the consumer to apply for service via the telephone. A copy of the utility's printed application form and any subsequent modifications shall be submitted to the Commission to become part of the utility's tariff. A deposit for guarantee of payment for water service may be required by the utility of the consumer applying for service pursuant to the deposit rules of the Commission, Title 38, Chapter 5, Sub-chapter 11.

(2) All applications for the original introduction of water service to any premises must be made on printed application forms furnished by the utility and described in ARM 38.5.2501(1) above, and must be signed by the property owner of those premises. When the ownership of the premises changes, the new property owner must make a new application for water service with the utility. A property owner is liable for payment for water service as a consumer, unless ARM 38.5.2502(3) applies.

(3) Where the consumer is a renter, a leasee, or is not the property owner, the application for water service shall be made in the consumer's own name, and that consumer shall be liable for payment for the water service. In such instances, the utility shall indicate the name of the consumer and the date that the consumer began to receive water service on the original written service application that was signed by the property owner of the premises.

(4) Upon the utility's acceptance of the application for water service, the consumer shall have the right to take and receive a supply of water for the particular premises for the purposes specified in the application subject to compliance by the consumer with these rules and any special rules promulgated by the utility.

(5) When an application for new water service has been accepted, the utility at its own expense will tap the main and furnish corporation cock, and clamp when necessary, and any other material used or labor furnished in connection with the tapping of the main. All expense of laying and maintaining the service pipes from the mains to the premises of the consumer must be borne by the consumer. The utility shall assist consumers and/or excavation contractors in locating water service mains and lines prior to the consumer beginning excavation in order to avoid water service interruptions due to broken mains and lines. The service pipe must be laid below street grade, on the premises of the consumer and at a standard depth designated by the utility to prevent freezing. A curb cock and curb box of approved pattern must be installed by the consumer at a point designated by the utility. Whenever a tap is made through which regular service is not immediately desired, the consumer will bear the entire expense of tapping, subject to a refund whenever regular service is begun.

(6) No charge may be made for turning on the water to a new consumer during the regular working hours of the utility.

(7) Contractors, builders or owners are required to apply for permit for the use of water for building and other purposes in construction work. Consumers are warned not to allow the use of their water fixtures unless the contractors, the builders or the owners produce a permit issued by the utility specifying the premises on which the water is to be used. Water will not be turned on at any new building until all water used during construction has been paid for.

History: Sec. 69-3-102 and 69-3-103, MCA; IMP, Sec. 69-3-102, MCA; NEW, 1982 MAR p. 862; Eff. 4/30/82; AMD, 1987 MAR p. 2162, Eff. 11/28/87; AMD, 1998 MAR p. 3220, Eff. 12/4/98.


MAR Notices Effective From Effective To History Notes
12/4/1998 Current History: Sec. 69-3-102 and 69-3-103, MCA; IMP, Sec. 69-3-102, MCA; NEW, 1982 MAR p. 862; Eff. 4/30/82; AMD, 1987 MAR p. 2162, Eff. 11/28/87; AMD, 1998 MAR p. 3220, Eff. 12/4/98.
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