Section 170IAC8.5-2-4. Disconnection of services

   (a) A company may disconnect service without request by the customer and without prior notice only:

(1) if a condition dangerous or hazardous to life, physical safety, or property exists;

(2) upon order by any court, the commission, or other duly authorized public authority;

(3) if fraudulent or unauthorized use of sewage disposal service is detected and the company has reasonable grounds to believe the affected customer is responsible for the use; or

(4) if the company's regulating or measuring equipment has been tampered with and the company has reasonable grounds to believe that the affected customer is responsible for tampering.

In all other instances, a sewage utility, upon providing the customer with proper notice as defined in subsection (d), may disconnect service subject to the other provisions of this article.

  (b) Except as otherwise provided in subsection (a), a sewage disposal company shall postpone the disconnection of service for ten (10) days if, prior to the disconnect date specified in the disconnect notice, the customer provides the company with a medical statement from a licensed physician or public health official that states that a disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the customer. The postponement of disconnection shall be continued for one (1) additional ten (10) day period upon the provision of an additional such medical statement. A company may not disconnect service to the customer:

(1) upon his or her failure to pay for:

(A) the service rendered at a different metering point, residence, or location if the bill has remained unpaid for less than forty-five (45) days;

(B) services to a previous occupant of the premises to be served, unless the company has good reason to believe the customer is attempting to defraud the company by using another name; or

(C) a different form or class of sewage disposal service;

(2) if the customer shows cause for his or her inability to pay the full amount due (financial hardship shall constitute cause) and the customer:

(A) pays a reasonable portion (not to exceed ten dollars ($10) or one-tenth (1/10) of the bill, whichever is less, unless the customer agrees to a greater portion) of the bill;

(B) agrees to pay the remainder of the outstanding bill within three (3) months;

(C) agrees to pay all undisputed future bills for service as they become due; and

(D) has not breached any similar agreement with the utility made under this rule within the past twelve (12) months;

provided, however, that the company may add to the outstanding bill a late payment charge not to exceed the amount set under section 1(b) of this rule and provided further, that the terms of the agreement shall be put in writing by the company and signed by the customer and by a representative of the company and only one (1) late payment charge may be made to the customer under this section; or

(3) if a customer is unable to pay a bill that is unusually large due to prior incorrect reading of the water meter, incorrect application of the rate schedule, incorrect connection or functioning of the water meter, prior estimates where no actual reading was taken for over two (2) months, stopped or slow water meter, or any human or mechanical error of the sewage disposal company, and the customer:

(A) pays a reasonable portion of the bill, not to exceed an amount equal to the customer's average bill for the twelve (12) bills immediately preceding the bill in question;

(B) agrees to pay the remainder at a reasonable rate; and

(C) agrees to pay all undisputed future bills for service as they become due;

provided, however, that the company may not add to the outstanding bill any late fee and provided further, that the terms of the agreement shall be put in writing by the company and signed by the customer and a representative of the company.

If a customer proceeds with a review under 170 IAC 16-1-5, the sewage disposal company may disconnect only as provided in 170 IAC 16-1-7.

  (c) No sewage utility may disconnect service unless it is done between the hours of 8:00 a.m. and 3:00 p.m., prevailing local time. Disconnections under subsection (a) are not subject to this limitation. A company may not disconnect service for nonpayment on any day on which the company office is closed to the public, or after noon of the day immediately preceding any day on which the company office is not open to the public.

  (d) Notice is required prior to involuntary disconnection as follows:

(1) Except as otherwise provided in this article, service to any residential customer shall not be disconnected for a violation of any rule or regulation of a sewage disposal company or for the nonpayment of a bill, except after seven (7) days prior written notice to the customer by either:

(A) mailing the notice to the residential customer at the address shown on the records of the utility; or

(B) personal delivery of the notice to the residential customer or a responsible member of his or her household at the address shown on the records of the sewage utility.

No disconnect notice for nonpayment may be rendered prior to the date on which the account becomes delinquent.

(2) The notice must be in language that is clear, concise, and easily understandable to a layperson and shall state the following in separately numbered large type or printed paragraphs:

(A) The date of proposed disconnection.

(B) The specific actual basis and reason for the proposed disconnection.

(C) The telephone number of the sewage disposal company office at which the customer may call during regular business hours in order to question the proposed disconnection or seek information concerning his or her rights.

(D) A reference to the pamphlet or the copy of the rules furnished to the customer under section 6 of this rule for information as to the customer's rights.

  (e) Immediately preceding the actual disconnection of service, the employee of the sewage disposal company designated to perform such function shall:

(1) make a reasonable attempt to identify himself or herself to the customer or any other responsible person then upon the premises;

(2) make a record thereof to be maintained for at least thirty (30) days;

(3) have in his or her possession information sufficient to enable him or her to inform the customer or other responsible person of the reason for disconnection, including the amount of any delinquent bill of the customer; and

(4) request from the customer any available verification that the outstanding bill has been satisfied or is currently in dispute pursuant to review under 170 IAC 16-1-5.

Upon the presentation of such credible evidence, service shall not be disconnected. The employee shall not be required to accept payment from the customer or other responsible person in order to prevent the service from being disconnected. The sewage disposal company shall notify its customers under section 6 of this rule of its policy with regard to the acceptance or nonacceptance of payment by such employee and shall uniformly follow such policy without discrimination. When the employee has disconnected the service, he or she shall give to a responsible person at the customer's premises or, if no one is at home, shall leave at a conspicuous place on the premises a notice stating that service has been disconnected and stating the address and telephone number of the company where the customer may arrange to have service reconnected.

  (f) A sewage disposal company may charge a reasonable reconnection charge, not to exceed the charge approved by the commission in the company's filed tariffs, to compensate the company for the costs of disconnecting and reconnecting the service. The company shall inform its customers of the reconnection charge under section 6 of this rule. If the company disconnects service in violation of this rule, the service shall immediately be restored at no charge to the customer. The company must reconnect the service to the customer as soon as reasonably possible but at least within five (5) working days after requested if conditions permit, provided, however, that the company shall not be required to reconnect the service until:

(1) the conditions, circumstances, or practices that caused the disconnection have been corrected; and

(2) payment of all delinquent and reconnection charges owed the utility by the customer and any deposit authorized by this article has been made.

(Indiana Utility Regulatory Commission; Service for Utilities Rendering Sewage Disposal Service in Ind; Rule 16; filed Dec 9, 1981, 10:20 a.m.: 5 IR 17; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; filed May 25, 2010, 1:52 p.m.: 20100623-IR-170090792FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)