October 22, 2007
PUBLIC NOTICE IS HEREBY GIVEN that the New York City Water Board (the “Board”) has proposed and will
consider certain revisions to its Regulation No. 2: The Discontinuance of Water
Supply and/or Sewer Service Because Of Nonpayment. The Board will accept
testimony and comments from members of the public and interested parties in
support of or in opposition to the proposed changes to Regulation No. 2 at a
Hearing to be held at 8:30 AM on Friday, November 9, 2007 in Room 123 of St.
Johns University, 101 Murray Street, New York, NY 10007
Download the full document with proposed revisions (PDF)
NEW YORK CITY WATER BOARD REGULATION NO. 2 - SUMMARY OF PROPOSED CHANGES
- Reduce from forty-five (45) days to fifteen (15) days
the number of days of notice which the New York City Department of
Environmental Protection (“DEP”) must give to a property owner before service
may be terminated because of non-payment.
- Revise the threshold dollar amounts and minimum period of time a property must be delinquent in order to be eligible for termination of service:
- Change the existing criteria from: at least one
delinquent charge open and unpaid for at least one year and total delinquent
charges of at least $1,000, to: at least one delinquent charge open and
unpaid for at least six months and total delinquent charges of at least
- Change the alternative criteria from: at least one delinquent charge open and unpaid for at least three months and total delinquent charges of at least $10,000, to: at least one delinquent charge open and unpaid for at least three months and total delinquent charges of at least $5,000.
- Revise the cold weather season exception which
defines a period during which DEP will not terminate water and/or sewer
services to residential properties because of non-payment, from: the period
extending from November 1 to April 15 of any year, to: the period extending
from December 21 to the last day of February of any year and at other times
subject to the approval of the Commissioner of DEP considering temperature and
health and safety conditions.
- Modify the Termination Complaint Process, which
requires DEP to suspend termination of service if the property owner submits a
complaint in respect of the charges for which a Notice of Termination has been
issued, to eliminate the alternative two-track processes currently defined and
establish a single uniform Termination Complaint process for all accounts,
which will require i) the payment of at least fifty percent (50%) of the
amount DEP has determined to be delinquent if required by DEP, and ii) require
that a complaint must be received by the Executive Director of the Water Board
within five (5) business days of the receipt of the 15 day Notice of
Termination of Service and that DEP will not terminate service less than 5
business days from the date a determination in respect of a Termination
Complaint is issued by the Executive Director.
- Revise Section 5. “Termination of Residential Service
- Special Procedures” of the existing Regulation which defines a variety of
special circumstances for which DEP will take specific actions, including the
suspension of termination of service, to conform provisions relating to the
elderly, blind, disabled and newborn babies with the Public Service Law.
- Increase the initial down payment required for an Installment Payment Agreement executed in response to a Termination of Service Notice from an amount equal to at least twenty-five percent (25%) of the total amount covered by the Agreement to an amount up to fifty percent (50%).
Copies of a markup of Regulation No. 2 showing the proposed changes may be obtained by contacting Kevin Kunkle by telephone, email or in writing as follows:
Telephone: (718) 595-3601
Mail: 59-17 Junction Boulevard, 8th Floor, Flushing, NY 11373
Members of the public who wish to submit oral testimony to the Board on the proposed changes at the Hearing should contact Kevin Kunkle at the telephone number or email address indicated above not later than November 7, 2007. Oral testimony will be limited to five (5) minutes duration. Written comments also may submitted to Kevin Kunkle at the email or office address indicated. The deadline for the submission of written comments is November 7, 2007. Following the Hearing, it is anticipated that the proposed changes to Regulation No. 2 and public comments received thereon will be considered at a Special Meeting of the Board on November 9, 2007.