Sec. 16-262u. Replacement and repair of water service connections. Granting of exceptions.

(a) For purposes of this section, (1) “service connection” means the service pipe from the water main to the curb stop, at or adjacent to the street line or the customer's property line, and such other valves or fittings as the water company, as defined in section 16-1, may require at or between the water main and the curb stop, but excluding the curb box, (2) “service pipe” means the curb box and the pipe from the curb stop to the place of consumption, and (3) “main” means a water pipe, owned, operated and maintained by a water company, which is used for the purpose of transmission and distribution of water, but is not a water service pipe.

(b) In the case of a water company having annual revenues of twenty thousand dollars or more, all replacements and repairs of service connections shall be by the company at its own expense.

(c) The service pipe shall extend through that point on the customer's property line or the street line easiest of access to the water company from its existing distribution system and, where practicable, from a point at right angles to the existing water main in front of the premises to be served. Service pipes shall not cross intervening properties or operate in place of a proper water main extension running in the street and fronting the property except as noted in subsections (d) and (f) of this section. The water company shall have the discretion to approve or disapprove of the proposed location of the service pipe.

(d) The property owner, upon written request to the water company, may be granted an exception to allow a service pipe to cross intervening properties provided proper easements are in place, the construction complies with the company's rules and regulations and there is adequate water pressure to serve the property. The property owner may request such exception only under very exceptional hardship circumstances and then only on a case-by-case basis. Documentation shall be furnished to demonstrate that the proposed service pipe will ultimately serve no more than one premises, otherwise a water main extension shall be installed. The following shall not constitute sufficient cause for granting an exception: (1) When the intent is to avoid the time and expense of a proper main extension, and proper service pipe installation, or other reasonable engineering solution in conformance with good engineering standards of practice, (2) when the intent is to perpetuate an existing nonconforming condition through an extension or replacement of an existing nonconforming service pipe, or (3) when an easement is proposed without sufficient evidence to show that alternative ownership of a suitable strip of land to establish frontage on a road is not feasible.

(e) Upon approval of an application pursuant to subsection (d) of this section, the water company shall provide notice to the authority of the location of the property.

(f) If a property owner cannot demonstrate in his or her application to the water company that such property owner meets the conditions established in subsection (d) of this section or disputes the decision of the water company regarding such application, such property owner or such water company on behalf of such property owner may file a request with the authority for an exception.

(P.A. 03-175, S. 1; P.A. 15-180, S. 1.)

History: P.A. 15-180 amended Subsec. (a) by adding Subdiv. (3) defining “main”, added Subsec. (c) re service pipe location, added Subsec. (d) re property owner request for exception to water company, added Subsec. (e) re approval of application and notice to authority, and added Subsec. (f) re filing request for exception with authority.