26 Del. Admin. Code § 2001-3.0 - Engineering

3.1 Authorization For Operation Or Construction

No individual, corporation, firm, partnership, association, company, cooperative, joint stock company or association, or any other form of business enterprise shall commence any construction of a water system for public use without having been granted a Certificate of Public Convenience and Necessity, and such other permits as may by required by law. System expansion, even within the certificated area, shall not commence without approval of the plans by the State Board of Health.

3.2 Water Plant Operation

The utility's water plant shall be constructed, installed, maintained, and operated in accordance with current engineering practices in the water industry, to assure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property. The entire water plant systems shall be free from sanitary defects. Distribution systems must be designed and operated for a continuous positive pressure.

3.2.1 Public Health. Water for domestic use must meet the State Health standards and the Environmental Protection Agency's minimum standards for water quality, as contained in the Federal Safe Drinking Water Act and its regulations. These standards set limits on the chemical, biological, and radiological nature of water. The utility shall be responsible for water quality up to the customer's facilities, i.e., up to the customer's pipe after the meter.
3.2.2 Sources of Supply.The well casings and vents shall be constructed and maintained to prevent contamination. Unused wells shall be capped and abandoned wells filled. The source of supply shall be:
3.2.2.1 free from pollution, unless subsequently purified by treatment;
3.2.2.2 adequate when considered with available storage to provide a continuous supply of water in sufficient quantity to accommodate system peak-day demand;
3.2.2.3 reasonably protected against contamination and unauthorized use.
3.2.3 Surface-Water. All surface-water supplies shall receive treatment prior to domestic use.
3.2.4 Ground-Water. All ground-water withdrawal points shall be located a "safe distance"* from sources of pollution., e.g., septic tanks, sewage disposal facilities, sewers, farm animals, fertilizers, and pesticides, unless adequate treatment is provided to render the water in compliance with the State Board of Health standards. All ground-water supplies should receive treatment prior to domestic use.

*Safe Distance - under the most adverse conditions no contamination or pollution would occur.

3.3 Storage

When storage is involved, maintenance must be performed at regularly scheduled intervals to protect against contamination, corrosion, or other deterioration.

3.3.1 Cathodic Protection. Cathodic protection should be used to combat corrosion in all underground steel reservoirs.
3.3.2 Reservoirs. Where fire protection is to be provided, reserve capacity for fire emergencies shall be adequate. The reservoir should be of sufficient size to not only provide for fire emergencies, but also to contain at least a 4-6 hour supply of peak-period water.
3.3.3 Maintenance. Reservoirs shall be drained, cleaned, and disinfected as often as necessary to maintain tank integrity and water quality.
3.3.3.1 Reservoir drains shall be valved and not connected to any sewer lines.
3.3.3.2 Manholes over entry shall be locked at all times except when maintenance is being performed.
3.4 Water Plant Inspection
3.4.1 Each utility must adopt and file with the Commission a program of inspection of its water plant in order to determine the necessity for replacement and repair. The frequency of the various inspections shall be based on the utility's experience and accepted good practice. Each utility shall keep sufficient records to give evidence of compliance with its inspection program.
3.4.2 Each utility shall have water samples obtained at random points within its system examined at regular intervals each year by competent personnel familiar with the sanitary examination procedures of water testing. Sanitary surveys may be made, upon application for same, by the State Board of Health. The system shall be operated in such manner to assure water test results will be in compliance with the State Board of Health's minimum standards on water quality.
3.5 Design And Construction

The design and construction of the system and the components thereof shall conform to the requirements of the State Health Department and the AWWA standards.

3.5.1 Railroad Crossings. Where the line crosses beneath a railroad, the line should be laid inside a culvert pipe or steel casing large enough to provide protection against external vibrations and loading.
3.5.2 Depth. All pipes shall be installed below the normal frost line or be otherwise protected to minimize the possibility of freezing and should have at least three (3) feet of cover.
3.5.3 Common Trenches. No pipe shall be placed in the same trench with a sewer or nonpotable water line.

When crossing, or where in close proximity, water lines shall be placed higher than sewer or nonpotable water lines or measures taken to protect the water supply from possible contamination.

3.5.4 Valves. The distribution system shall have sufficient valving so that areas may be isolated with a minimum number of customer services being affected during times of repairs or maintenance. When feasible, valves should be provided at intervals not to exceed one continuous block or 500 feet, whichever is greater, except where a dead-end run is not intended to serve any intervening customers.
3.5.4.1 Valves shall be partially operated periodically to ensure their performance.
3.5.4.2 Suitable check valves, or a reduced pressure backflow prevention valve should, wherever feasible, be installed between the meter and the customer's line. The utility shall install such backflow prevention devices at the customer's expense.
3.5.5 Dead-Ends. The utility should design its distribution system in a grid or looping manner to avoid dead-ends in its mains. Where dead-ends cannot be avoided, the dead-end line must be flushed as often as necessary to prevent poor quality water and the build-up of silt and sediment, as well as the decomposition of accumulated deposits. A schedule of such flushing of system mains shall be filed with the Commission and revised annually.
3.5.6 Pipe Detection.All underground piping installed subsequent to the effective date of these regulations, should be detectable by means of conductive or inductive testing. Non-conductive pipe or sections should be installed with a tracer wire providing electrical continuity throughout the system, thereby permitting inductive or conductive detection. Whatever method is used, the utility shall make provision to enable it to readily determine the location of all underground facilities which it owns or maintains.
3.5.7 Cross Connections.Any physical connection between the distribution system of a public water supply and that of any other water supply, must comply with the regulations of the Division of Public Health, of the Department of Health and Social Services.
3.5.8 Corrosion. The joining of dissimilar metals breeds a corrosive atmosphere. Where it is impossible to avoid this situation, the joint, flange, valve, sleeve, etc., should be electrically isolated from the system.
3.5.9 Unbalanced Pressure. All tees, bends, caps, plugs, hydrants, or other fittings that change the direction of flow should be blocked or anchored to prevent pipe movement caused by surges, water hammer, or unbalanced pressure which would result in water contamination from disjointed pipe(s).
3.5.10 Minimum Pipe Sizes.The distribution system piping should be at least 6 inches in size, except where good engineering practice, such as the provision of short dead-ends for fire protection and the like, permits the use of smaller diameters.
3.5.11 Pressure. The distribution system and piping shall be designed in such a manner that the pressure at a customer's service connection shall be:
3.5.11.1 not less than 25 psig;
3.5.11.2 not more than 100 psig.
3.5.12 Fire Protection on New Systems. As to any water system installed or extended after January 1, 1988, no utility shall charge for or hold itself out as providing fire protection in an area where it does not provide from each hydrant, operating independently, a flow in excess of five hundred (500) gallons per minute with a minimum of twenty (20) pounds per square inch (PSI) residual pressure remaining for a duration of at least two (2) hours. Such flow must be in addition to average domestic water service demand on the system.
3.5.12.1 Flow tests of all areas in which fire protection is provided, within a water utility's service territory, shall be conducted equally over an initial three (3) year period and updated every five (5) years thereafter with all information on such tests provided to the Public Service Commission. In addition, flow tests will not include every hydrant in such areas but rather provide representative samplings based on sound engineering determination.
3.5.12.2 All hydrants shall be inspected and operated at least every three (3) years and after each use within five (5) working days upon notification to the utility. Particular attention shall be paid to the general condition of the hydrant to include:
3.5.12.2.1 caps present and free turning;
3.5.12.2.2 threads in good condition;
3.5.12.2.3 hydrant operates properly;
3.5.12.2.4 hydrant drains properly;
3.5.12.2.5 outlets facing proper direction.
3.5.12.3 All test records shall be maintained by the utility for at least five (5) years and shall be available for public inspection.
3.5.13 Fire Protection on Existing Systems. As of January 1, 1988, all water systems with five (5) hydrants shall, within one hundred eighty (180) days of that date, file with the Commission:
3.5.13.1 Test results demonstrating that, on the basis of representative sampling based upon sound engineering determination, there is available at each hydrant a flow in excess of five hundred (500) gallons per minute as required by Section 3.5.12 above; or
3.5.13.2 An engineering plan, together with cost estimates, for bringing the flows at all fire hydrants to the level set forth in Section 3.5.12 above within a period of time as the utility may deem feasible; or
3.5.13.3 An application, pursuant to 26 Del.C. § 203 (c) to abandon the provision of fire protection service.
3.6 Service Pipe

The utility shall furnish, install, and maintain the service line and appurtenances thereto, up to the point where the water enters facilities or pipes owned and maintained by the customer.

The customer shall be responsible for furnishing, installing, and maintaining the service line from the pipe owned and maintained by the utility to the place of consumption on his premises.

3.6.1 Curb Stop. Curb stops are for the exclusive use of the utility in controlling the water supply to individual customers and should not be located on the customer's property.
3.6.2 Customer Valve. The control of the water supply by the customer shall be by means of a separate valve, located on the downstream side of the meter.

There should also be a suitable valve installed in the customer's system to permit full draining thereof.

3.6.3 Pressure Regulation. Pressure regulating devices or valves shall be used on all service lines to reduce the water pressure to 25-100 psig., for domestic use unless the use of such device is waived by the customer.
3.7 Pressure Requirement Exceptions
3.7.1 Water pressure outside the limits specified will not be considered a noncompliance item when the variations:
3.7.1.1 are infrequent fluctuations not exceeding five (5) minutes in duration;
3.7.1.2 arise from service interruptions;
3.7.1.3 are from causes beyond the control of the utility.
3.7.2 Pressure Gauge. Each distribution system serving 1000 or more customers should have at least one recording pressure gauge in continuous operation (24 hour recording) at some fixed point near the center of the system. These recording charts shall be preserved and available for inspection.
3.7.3 Pressure Surveys. Each utility having more than 100 customers shall have at least one portable pressure recording gauge.
3.7.3.1 Each utility which, due to topography, operates a system with varying pressures shall make periodic pressure measurements at various locations within the system in order to determine that the system is remaining within the limits of 3.5.11.
3.7.3.2 These measurements should be taken at the customer's service connection. If no outlet is available, then the measurement may be made at the nearest available outlet.
3.7.4 Survey Records. Pressure survey records shall be retained and available for inspection. Each pressure record shall include:
3.7.4.1 the maximum and minimum pressure;
3.7.4.2 the location where the survey took place;
3.7.4.3 the time and date of the survey, and by whom the survey was taken.
3.8 Contributions In-aid-of Construction And Advances

A utility shall require CIAC for Facilities Extensions to the extent provided in §§ 3.8.1 and 3.8.2 herein below. Nothing contained herein shall prevent a utility from requiring CIAC, or Advances, or neither, for the provision of New Services. Nothing herein shall prevent any utility from paying for, and including in its rate base, the costs of New Services.

3.8.1 CIAC Requirement For Facilities Extensions

A utility shall require a CIAC when the request for a Facilities Extension will require the installation of pipe and/or associated utility plant. All charges henceforth to contractors, builders, developers, municipalities, homeowners, or other project sponsors, seeking the construction of water Facilities from a water utility company shall be in the form of a CIAC to be paid to the water utility as Category 1A, 1B and Category 2 costs, as computed under §§ 3.8.2 and 3.8.6, subject to true-up under § 3.8.8.

3.8.2 Computation Of CIAC

Category 1A Costs.

All on-site Facilities costs that are directly assignable to a specific project are Category 1A costs and shall be designated by the utility and paid for by the contractor, builder, developer, municipality, homeowner, or other project sponsor, as CIAC, with no refunds. These costs include such items as Mains, hydrants, treatment plants, wells, pump stations, storage facilities, and shall include any other items that are necessary for the provision of utility water service. The cost of a Facilities Extension from the furthest point of the project site up to a point 100 feet beyond the boundary of the project (in the direction of the utility's existing Main) shall be considered a Category 1A Cost.

Category 1B Costs.

All off-site Facilities costs that are directly assignable to a specific project from such point 100 feet beyond the boundary of the project and continuing to the utility's existing Main are Category 1B Costs and shall be designated by the utility and funded by the contractor, builder, developer, municipality, homeowner, or other project sponsor, as a CIAC not subject to refund. These costs include such items as Mains, hydrants, treatment plants, wells, pump stations, storage facilities, and shall include any other items that are necessary for the provision of utility water service. Notwithstanding the foregoing, Category 1B Costs shall not include, and the utility shall be entitled to pay for and include in its rate base, any additional Facilities costs elected to be incurred by the utility in connection with the Facilities Extension for company betterment. In determining whether Category 1B Costs are directly assignable to a project, or elected as company betterment, the CIAC shall be calculated based on the cost of installing Mains using a minimum of 8 inch diameter pipe, provided, however, that where Mains of a larger diameter are required by applicable laws, building or fire codes, or engineering standards to provide water service to the project on a stand-alone basis, the CIAC shall be calculated based on the cost of installing Mains using such larger diameter pipe.

Category 2 Costs.

Category 2 Costs refer to transmission, supply, treatment and/or other utility, plant costs that are not directly assignable to a specific project or where the Category 1 costs have not included sufficient direct costs for transmission, supply, treatment, and/or other utility plant costs to supply water to the project. The contractor, builder, developer, municipality, homeowner or other project sponsor shall pay $1,500 per single family residential water meter service for their portion of transmission, supply, treatment and/or other utility plant costs made available by the water utility. These costs will be contributed by the contractor, builder, developer, municipality, homeowner, or other project sponsor, as CIAC, with no refunds. Within one hundred and twenty (120) days following the effective date of these regulations, each water utility shall file with the Commission proposed tariff pages containing the charges it will impose for Category 2 costs for single family residential and other types of metered water service. Such charges shall be determined based on meter size or another objective factor. The utility may account for such amounts by applying such amounts to pay for or offset any capital costs, including new and/or replacement plant, whether incurred in connection with the project or otherwise. The utility shall be entitled to hold amounts received as Category 2 Costs, and defer accounting for them as CIAC, until such amounts are actually used to fund capital improvements, at which time the utility shall be entitled to account for the Category 2 Costs as CIAC to the extent it is able to make offsetting entries to the utility's plant accounts.

3.8.3 Advances

An Advance may consist of the following components:

3.8.3.1 An amount equal to the entire estimated cost (including reasonable overhead costs) of construction; plus
3.8.3.2 Any applicable Federal income taxes, and applicable State taxes, that may be generated to the account of the utility as a result of the Advance.
3.8.4 Refunds Of Advances

By April 30th of each year, the utility will refund a portion of the Advance representing each additional customer connected during the previous calendar year based on a standard formula developed by the utility (the "net refund amount") plus the tax savings, if any, which the utility receives from deducting the Advance refund payment (the sum of which is referred to as the "gross refund amount"). In no event shall the total amount refunded by a utility (the sum of the gross refund amounts) exceed the amount received by such utility as an Advance (as finally determined by the utility after compliance with Rule 3.8.8) . At the end of the negotiated refund period, no further refunds or payments will be made. If, at the end of such refund period, an Advance has not been fully refunded, the remaining un-refunded Advance will be considered a CIAC and will be treated for accounting and ratemaking purposes as a CIAC. The utility and the person(s) making the Advance shall determine the period in which the refund of the Advance may occur, but such period shall not exceed five (5) years.

3.8.5 Ratemaking Treatment Of Advances

An Advance will be considered as a non-taxable transaction for ratemaking purposes since the income taxes, if required, will be provided by the person(s) making the Advance.

3.8.6 Gross Up Of CIAC

A CIAC will consist of an amount equal to the entire estimated cost, including the utility's standard overhead costs, of constructing the Facilities Extension. If any portion of property contributed by the contractor, builder, developer, municipality, homeowner, or other project sponsor is deemed taxable income to the utility, the utility shall be permitted to gross up the amount of the CIAC to include such tax liability.

3.8.7 Ratemaking Treatment Of CIAC

The Federal and State income taxes, if required, associated with the CIAC and paid by the utility receiving the CIAC, may be added to rate base, at which time the utility will have an opportunity to earn a fair return on this amount.

3.8.8 True-Up Of Contributions And Advances

Where the estimated amount of the CIAC or Advance exceeds the finally determined cost of the Facilities Extension or New Services, that excess amount shall be returned to the person making the CIAC or Advance.

Where the estimated amount of the CIAC or Advance falls short of the finally determined cost of the Facilities Extension or New Services, that shortage amount shall be paid to the utility by the person making the CIAC or Advance.

3.8.9 Miscellaneous; Class A Water Utilities Affected; Prospective Application; Reopening Of Docket
3.8.9.1 The regulations governing CIAC and Advances shall:
3.8.9.1.1 apply only to Class A Water Utilities, and
3.8.9.1.2 apply prospectively and therefore shall not affect or apply to circumstances where the water utility has already entered into a water service agreement with the contractor, builder, developer, municipality, homeowner, or other person, regarding the construction of water facilities.
3.8.9.1.3 PSC Regulation Docket 15 shall be reopened two years from the effective date of the revised regulations governing CIAC and Advances to review the extension methodology and to assess its effectiveness, and the CIAC computation and costs categories. After such review and assessment, the Commission may, if deemed appropriate, consider further modifications.
3.9 Temporary Water Service

When temporary service is requested, the utility may require that the customer bear all the cost of installation and removal of the service in excess of any salvage to be realized. Any such agreement shall be documented.

3.10 Meters

The utility shall furnish, install, and maintain all metering devices used for recording or billing purposes. The applicant shall furnish, install, and maintain the required piping, valves, etc., for the meter setting.

Where feasible, all measuring devices used for billing purposes shall be installed to permit readings exterior to the premises to which service is supplied as per Title 26 Del.C. § 211 (d).

3.10.1 Meter Installation. The meter shall be watertight and positioned in a horizontal plane with upstream and downstream shut-off valves allowing for adequate maintenance or removal. Meters shall be reasonably protected against frost, tampering, and mechanical damage. Meters shall be reasonably accessible for service, inspection, and reading. They should not be installed in such a manner that would pose an obstacle or hazard to customers or interfere with public safety.
3.10.1.1 As regards small meters, such as those utilized for residential service, no meter shall be placed in service if it registers less than ninety percent (90%) of the water passed through it at the minimum test flow, or over-registers or under-registers more than two percent (2%) at the other test flows. As regards large meters, such as compound and propeller types, the accuracy limits for new and repaired meters shall be as provided in AWWA Manual No. M-6, as amended or modified from time to time. When any meter is removed from service it must be repaired, if necessary, so that it conforms to these registration tolerances prior to being sealed and placed back in service. New meters shall be tested and adjusted to these tolerances or certified as to their accuracy by the manufacturer prior to installation.
3.10.1.2 All water sold by a utility shall be on the basis of meter measurement, unless specifically permitted by this Commission. Wherever practicable, the use of water within the utility itself, or by administrative units associated with it, shall be metered.
3.10.2 Meter Condition. No meter shall be installed which is mechanically defective, has an incorrect correction factor, or which does not meet the above registration requirements.
3.10.2.1 The capacity of the meter and its index mechanism should be consistent with the customer's water needs as determined by the utility.

Notes

26 Del. Admin. Code § 2001-3.0

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