OAR 860-037-0050: Refund of Wastewater Utility Deposits

(1) A wastewater utility shall promptly refund a customer’s deposit with accrued interest when service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account. (2) A wastewater utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit is considered established or reestablished one year after a deposit is made if: (a) The account is current; (b) Not more than two five-business-day disconnect notices were issued to the customer during the previous 12 months; and (c) The customer was not disconnected for nonpayment during the previous 12 months. (3) After satisfactory credit has been established or reestablished, the deposit plus any accrued interest must be promptly refunded or credited to the customer's account. (4) When the customer moves to a new address within the wastewater utility’s service area, the deposit and accrued interest will be transferred to the new account. (5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided the wastewater utility’s procedures are nondiscriminatory. (6) Unless otherwise specified by the customer, a wastewater utility shall mail deposit refunds to the customer’s last known address. The wastewater utility will honor valid claims for payment of refunds if received within one year of the date service is terminated. Funds held beyond one year after the date service is terminated will be disposed of in accordance with ORS 98.316.