SCS/SB 440 - This act creates provisions for the procedure for disconnection of water services for nonpayment of a sewer bill. The act requires certain providers of water service to contract with certain sewer service providers to terminate water services to customer premises for nonpayment of a sewer bill upon the request of the sewer service provider. In the event the parties are unable to reach an agreement within four months of the receipt of the request, a petition may be filed with the circuit court asking for three commissioners to draft the agreement. The act provides the procedural requirements of such proceeding and the appointment of the commissioners.

No termination of water service may occur until 30 days after the municipality or sewer district sends the customer written notice by certified mail. However, if the water service provider is providing water service as well as sewer service, no additional notice shall be required other than the notice period in use by the water service provider. Water service shall be discontinued until the customer pays the sewer charges and all related costs of disconnection and reconnection in full or another payment arrangement is agreed to by the parties. Water service providers who collect delinquent sewer charges at the written request of the sewer service provider shall be immune from civil liability or damages resulting from the disconnection. Unless specifically provided otherwise, the costs of disconnection and reconnection of water service shall be reimbursed by the municipality or sewer district and shall be charged to and paid by the customer.

These provisions are also contained in SS/SCS/SBs 361,103, 156 & 329 (2003).
CINDY KADLEC