(3) calculation of bills for unmetered consumption
over the entire period of meter bypassing or other service diversion,
if the amount of actual unmetered consumption can be calculated by
industry recognized testing procedures; or
(4) a reasonable adjustment is made to the sewer bill
if a water leak can be documented during the winter averaging period
and winter average water use is the basis for calculating a customer's
sewer charges. If the actual water loss can be calculated, the consumption
shall be adjusted accordingly. If not, the prior year average can
be used if available. If the actual water loss cannot be calculated
and the customer's prior year's average is not available, then a typical
average for other customers on the system with similar consumption
patterns may be used.
(o) Equipment damage charges. A utility may charge
for all labor, material, equipment, and all other actual costs necessary
to repair or replace all equipment damaged due to negligence, meter
tampering or bypassing, service diversion, or the discharge of wastes
that the system cannot properly treat. The utility may charge for
all actual costs necessary to correct service diversion or unauthorized
taps where there is no equipment damage, including incidents where
service is reconnected without authority. An itemized bill of such
charges must be provided to the customer. A utility may not charge
any additional penalty or any other charge other than actual costs
unless such penalty has been expressly approved by the commission
and filed in the utility's tariff. Except in cases of meter tampering
or service diversion, a utility may not disconnect service of a customer
refusing to pay damage charges unless authorized to in writing by
the commission.
(p) Fees. Except for an affected county, utilities
may not charge disconnect fees, service call fees, field collection
fees, or standby fees except as authorized in this chapter.
(1) A utility may only charge a developer standby fees
for unrecovered costs of facilities committed to a developer's property
under the following circumstances:
(A) under a contract and only in accordance with the
terms of the contract;
(B) if service is not being provided to a lot or lots
within two years after installation of facilities necessary to provide
service to the lots has been completed and if the standby fees are
included on the utility's approved tariff after a rate change application
has been properly filed. The fees cannot be billed to the developer
or collected until the standby fees have been approved by the commission;
or
(C) for purposes of this subsection, a manufactured
housing rental community can only be charged standby fees under a
contract or if the utility installs the facilities necessary to provide
individually metered service to each of the rental lots or spaces
in the community.
(2) Except as provided in §24.167(h)(2) and §24.169(c)
of this title other fees listed on a utility's approved tariff may
be charged when appropriate. Return check charges included on a utility's
approved tariff may not exceed the utility's documentable cost.
(q) Payment with cash. When a customer pays any portion
of a bill with cash, the utility shall issue a written receipt for
the payment.
(r) Voluntary contributions for certain emergency services.
(1) A utility may implement as part of its billing
process a program under which the utility collects from its customers
a voluntary contribution including a voluntary membership or subscription
fee, on behalf of a volunteer fire department or an emergency medical
service. A utility that collects contributions under this section
shall provide each customer at the time the customer first becomes
a customer, and at least annually thereafter, a written statement:
(A) describing the procedure by which the customer
may make a contribution with the customer's bill payment;
(B) designating the volunteer fire department or emergency
medical service to which the utility will deliver the contribution;
(C) informing the customer that a contribution is voluntary;
(D) if applicable, informing the customer the utility
intends to keep a portion of the contributions to cover related expenses;
and
(E) describing the deductibility status of the contribution
under federal income tax law.
(2) A billing by the utility that includes a voluntary
contribution under this section must clearly state that the contribution
is voluntary and that it is not required to be paid.
(3) The utility shall promptly deliver contributions
that it collects under this section to the designated volunteer fire
department or emergency medical service, except that the utility may
keep from the contributions an amount equal to the lesser of:
(A) the utility's expenses in administering the contribution
program; or
(B) 5.0% of the amount collected as contributions.
(4) Amounts collected under this section are not rates
and are not subject to regulatory assessments, late payment penalties,
or other utility related fees, are not required to be shown in tariffs
filed with the regulatory authority, and non-payment may not be the
basis for termination of service.
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