| (a) Scope. This section establishes a classification
system to be used by a court to impose civil penalties for violations
of §24.173 of this title (relating to Late Fees and Disconnections
During an Extreme Weather Emergency for Nonpayment). Definitions contained
in §24.173 of this title apply to this section.
(b) Classification system.
(1) Class C violations.
(A) Civil penalties for a Class C violation may not
exceed §1,000 per violation per day.
(B) The following are Class C violations:
(i) failure to timely provide a customer with a one-time
notice that complies with §24.173 of this title;
(ii) failure to include all of the required information
on a payment arrangement offered under §24.173 of this title.
(2) Class B violations.
(A) Civil penalties for a Class B violation may not
exceed $5,000 per violation per day.
(B) The following are Class B violations:
(i) imposing a late fee on an affected customer for
nonpayment of bills that are due during an extreme weather emergency
in a manner that violates §24.173 of this title;
(ii) including an undisclosed or noncompliant finance
charge on a payment schedule issued to an affected customer under §24.173
of this title;
(iii) failure to offer a payment schedule to an affected
customer as required by §24.173 of this title; and
(iv) any other violation of §24.173 of this title
not specifically enumerated as a Class A or Class C violation.
(3) Class A violations.
(A) Penalties for a Class A violation may not exceed
$50,000 per violation per day.
(B) It is a Class A violation to disconnect an affected
customer's water or sewer service in a manner that violates §24.173
of this title.
(4) The civil penalty for each separate violation must
be in an amount not to exceed the maximum penalty established in paragraphs
(1)-(3) of this subsection and not less than $100. The amount of a
civil penalty must also be based on:
(A) the seriousness of the violation, including:
(i) the nature, circumstances, extent, and gravity
of the prohibited act; and
(ii) the hazard or potential hazard created to the
health, safety, or economic welfare of the public.
(B) the history of previous violations;
(C) the amount necessary to deter future violations;
(D) efforts to correct the violation;
(E) any other matter that justice may require, including
as applicable:
(i) the duration of the disconnection, both during
the extreme weather emergency and afterwards;
(ii) the impact of the disconnection on the health
and finances of the affected customer; and
(iii) the dollar amount of late fees issued to the
affected customer, if late fees were improperly charged.
(F) for violations by an investor-owned utility, any
other matter that justice may require, including:
(i) whether the disconnection was prohibited under §24.167(c)
or (f) of this title (relating to Discontinuance of Service); and
(ii) whether the affected customer was provided proper
notice of the disconnection under §24.167 of this title.
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