Title 5
Businesses and Professions

Chapter 83
Propane Gas Sales

§ 5-83-5. Termination of service.

(a) When a business relationship is terminated between a residential consumer and a gas dealer that has leased or loaned a propane storage container to the consumer, the propane gas dealer shall:

(1) At the consumer’s request, remove the propane gas storage container that it owns from the consumer’s premises by the latest of the following dates:

(i) Twenty (20) days from the termination or thirty (30) days from the termination in the case of an underground tank;

(ii) In the case of a cash customer, twenty (20) days from receipt of payment of all amounts due to the gas dealer by the consumer; or

(iii) As soon as weather conditions and access to the propane storage container allow;

(2) Within thirty (30) days after removal of a dealer-supplied propane gas storage container, reimburse the consumer for any propane gas remaining in the container at the retail per gallon price that was paid by the consumer, less any amounts due from the consumer to the dealer;

(3) Be authorized to charge a consumer commercially reasonable fees, as applicable, for propane storage container excavation and pump out if an existing contract between the consumer and gas dealer allows the dealer to charge such fees;

(4) Be authorized to charge a consumer a disconnect or tank removal fee in an amount that is commercially reasonable based on labor, transportation, restocking, and similar costs, if the fee has been disclosed to the consumer in a written agreement and if:

(i) For storage containers situated above ground, the container has been located on the consumer’s premises for less than three (3) years; or

(ii) For storage containers situated underground, the container has been located on the consumer’s premises for less than five (5) years.

(b) A provision of an existing contract that allows a gas dealer to charge a consumer a disconnect or tank removal fee with respect to a container that has been located on the consumer’s premises for more than three (3) years shall remain valid and enforceable until the date the contract expires or June 1, 2012, whichever is sooner.