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Florida Administrative Code (Last Updated: June 27, 2024) |
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25. Public Service Commission |
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D25. Departmental |
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25-30. Water And Wastewater Utility Rules |
1(1) This rule applies to any person, lessee, trustee, or receiver owning, operating, managing, or controlling a utility which intends to abandon the utility. The provisions of this rule are intended to prevent service interruptions to the utility customers.
40(2) The notice 43of abandonment to be issued by the utility to the Commission and the county’s administrator, pursuant to 60Section 61367.165, F.S., 63shall 64identify 65the following:
67(a) The utility’s name and address;
73(b) The person to contact regarding this notice, 81including that person’s 84address, telephone number, 87and, if available, email address and fax number;
95(c) The date of the notice;
101(d) The date the utility will be abandoned;
109(e) Whether the water system, wastewater system, or both are to be abandoned;
122(f) A statement of the reason the utility will be abandoned;
133(g) A statement of the status of the utility with the Department of Environmental Protection regarding outstanding citations or violations; and,
154(h) The location of the utility’s books and records.
163(3) Within 10 days of appointment of a receiver by the circuit court, the receiver shall 179provide the Commission with a copy of the order of appointment and shall 192request from the Commission a copy of the utility’s tariff and most recent annual report.
207(4) Within 90 days of appointment, a receiver 215who is not a governmental authority 221shall file 223the utility’s water and/or wastewater 228tariff 229that is revised to show 234the name, address and telephone number of the receiver 243and identifies the receiver as the issuing officer251. This revision shall not affect the certificated name of the utility. 263Form PSC 1010 (12/15), entitled “Water Tariff” and Form PSC 1011 (12/15), entitled “Wastewater Tariff,” which are incorporated by reference in Rule 28625-30.033, 287F.A.C., are example tariffs that may be completed by the applicant and included in the application. These forms may also be obtained from the Commission’s website, www.floridapsc.com.
314(5) The receiver shall fulfill the utility’s obligations pursuant to Chapter 367, F.S., and Chapter 25-30, F.A.C331., during the pendency of the receivership. However, 339a receiver shall not be held responsible by the Commission for failure to provide safe, efficient and sufficient service where such failure is substantially caused by actions or omissions pre-dating appointment of the receiver, unless the receiver is given reasonable opportunity to rectify such failure.
384Rulemaking Authority 386350.127(2), 387367.121 FS. 389Law Implemented 391367.121, 392367.165 FS. 394History–New 11-30-93, Amended 1-4-16.
