COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 465
(By Senators Kessler, Edgell and Chafin)
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[Originating in the Committee on the Judiciary;
reported February 18, 2010.]
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A BILL to amend and reenact §8-19-12a of the Code of West Virginia,
1931, as amended; to amend and reenact §8-20-10 of said code;
to amend and reenact §16-13-16 of said code; and to amend and
reenact §16-13A-9 of said code, all relating to the
discontinuation of water and sewer utility service for a
delinquent bill; and the acceptance of payment at the
customer's premises.
Be it enacted by the Legislature of West Virginia:
That §8-19-12a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §8-20-10 of said code be amended and
reenacted; that §16-13-16 of said code be amended and reenacted;
and that §16-13A-9 of said code be amended and reenacted, all to
read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER
SYSTEMS.
§8-19-12a. Deposit required for new customers; lien for delinquent
service rates and charges; failure to cure
delinquency; payment from deposit; reconnecting
deposit; return of deposit; liens; civil actions;
deferral of filing fees and costs in magistrate court
action; limitations with respect to foreclosure.
(a)(1) Whenever any rates and charges for water services or
facilities furnished remain unpaid for a period of twenty days
after the same become due and payable, the property and the owner
thereof, as well as the user of the services and facilities
provided, shall be delinquent and the owner, user and property
shall be held liable at law until such time as all such rates and
charges are fully paid. When a payment has become delinquent, the
municipality may utilize any funds held as a security deposit to
satisfy the delinquent payment. All new applicants for service
shall indicate to the municipality or governing body whether they
are an owner or tenant with respect to the service location.
(2) The municipality or governing body, but only one of them,
may collect from all new applicants for service a deposit of $50 or
two twelfths of the average annual usage of the applicant's
specific customer class, whichever is greater, to secure the
payment of water service rates, fees and charges in the event they become delinquent as provided in this section. In any case where
a deposit is forfeited to pay service rates, fees and charges which
were delinquent and the user's service is disconnected or
terminated, no reconnection or reinstatement of service may be made
by the municipality or governing body until another deposit equal
to $50 or a sum equal to two twelfths of the average usage for the
applicant's specific customer class, whichever is greater, is
remitted to the municipality or governing body. After twelve
months of prompt payment history, the municipality or governing
body shall return the deposit to the customer or credit the
customer's account with interest at a rate as the Public Service
Commission may prescribe:
Provided, That where the customer is a
tenant, the municipality or governing body is not required to
return the deposit until the time the tenant discontinues service
with the municipality or governing body. Whenever any rates, fees,
rentals or charges for services or facilities furnished remain
unpaid for a period of twenty days after the same become due and
payable, the user of the services and facilities provided is
delinquent and the user is liable at law until all rates, fees and
charges are fully paid. The municipality or governing body may,
under reasonable rules promulgated by the Public Service
Commission, shut off and discontinue water services to a delinquent
user of water facilities ten days after the water services become
delinquent regardless of whether the municipality or governing body
utilizes the security deposit to satisfy any delinquent payments:
Provided further, That nothing contained within the rules of the
Public Service Commission shall be deemed to require the
municipality or governing body to accept payment at the premises in
lieu of discontinuing service for a delinquent bill, or to knock on
the customer's door prior to disconnection of service.
(b) All rates or charges for water service whenever delinquent
shall be liens of equal dignity, rank and priority with the lien on
such premises of state, county, school and municipal taxes for the
amount thereof upon the real property served, and the municipality
shall have plenary power and authority from time to time to enforce
such lien in a civil action to recover the money due for such
services rendered plus court fees and costs and a reasonable
attorney's fee:
Provided, That an owner of real property may not
be held liable for the delinquent rates or charges for services or
facilities of a tenant, nor shall any lien attach to real property
for the reason of delinquent rates or charges for services or
facilities of a tenant of such real property, unless the owner has
contracted directly with the municipality to purchase such services
or facilities.
(c) Municipalities are hereby granted a deferral of filing
fees or other fees and costs incidental to the bringing and
maintenance of an action in magistrate court for the collection of
the delinquent rates and charges. If the municipality collects the
delinquent account, plus fees and costs, from its customer or other
responsible party, the municipality shall pay to the magistrate court the filing fees or other fees and costs which were previously
deferred.
(d) No municipality may foreclose upon the premises served by
it for delinquent rates or charges for which a lien is authorized
by this section except through the bringing and maintenance of a
civil action for such purpose brought in the circuit court of the
county wherein the municipality lies. In every such action, the
court shall be required to make a finding based upon the evidence
and facts presented that the municipality had exhausted all other
remedies for the collection of debts with respect to such
delinquencies prior to the bringing of such action. In no event
shall foreclosure procedures be instituted by any municipality or
on its behalf unless such delinquency had been in existence or
continued for a period of two years from the date of the first such
delinquency for which foreclosure is being sought.
ARTICLE 20. COMBINED SYSTEMS.
§8-20-10. Power and authority of municipality to enact ordinances
and make rules and fix rates, fees or charges;
deposit required for new customers; change in rates,
fees or charges; failure to cure delinquency;
delinquent rates, discontinuance of service;
reconnecting deposit; return of deposit; fees or
charges as liens; civil action for recovery thereof;
deferral of filing fees and costs in magistrate court
action; limitations with respect to foreclosure.
(a)(1) The governing body of a municipality availing itself of
the provisions of this article shall have plenary power and
authority to make, enact and enforce all necessary rules for the
repair, maintenance, operation and management of the combined
system of the municipality and for the use thereof. The governing
body of a municipality also has the plenary power and authority to
make, enact and enforce all necessary rules and ordinances for the
care and protection of any such system for the health, comfort and
convenience of the public, to provide a clean water supply, to
provide properly treated sewage insofar as it is reasonably
possible to do and, if applicable, to properly collecting and
controlling the stormwater as is reasonably possible to do:
Provided, That no municipality may make, enact or enforce any rule,
regulation or ordinance regulating any highways, road or drainage
easements or storm water facilities constructed, owned or operated
by the West Virginia Division of Highways.
(2) A municipality has the plenary power and authority to
charge the users for the use and service of a combined system and
to establish required deposits, rates, fees or charges for such
purpose. Separate deposits, rates, fees or charges may be fixed
for the water and sewer services respectively and, if applicable,
the stormwater services, or combined rates, fees or for the
combined water and sewer services, and, if applicable, the storm
water services. Such deposits, rates, fees or charges, whether
separate or combined, shall be sufficient at all times to pay the cost of repair, maintenance and operation of the combined system,
provide an adequate reserve fund, an adequate depreciation fund and
pay the principal and interest upon all revenue bonds issued under
this article. Deposits, rates, fees or charges shall be
established, revised and maintained by ordinance and become payable
as the governing body may determine by ordinance. The rates, fees
or charges shall be changed, from time to time, as necessary,
consistent with the provisions of this article.
(3) All new applicants for service shall indicate to the
municipality or governing body whether they are an owner or tenant
with respect to the service location. An entity providing
stormwater service shall provide a tenant a report of the
stormwater fee charged for the entire property and, if appropriate,
that portion of the fee to be assessed to the tenant.
(4) The municipality or governing body, but only one of them,
may collect from all new applicants for service a deposit of $100
or two twelfths of the average annual usage of the applicant's
specific customer class, whichever is greater, to secure the
payment of water and sewage service rates, fees and charges in the
event they become delinquent as provided in this section. In any
case where a deposit is forfeited to pay service rates, fees and
charges which were delinquent and the user's service is
disconnected or terminated, service may not be reconnected or
reinstated by the municipality or governing body until another
deposit equal to $100 or a sum equal to two twelfths of the average usage for the applicant's specific customer class, whichever is
greater, is remitted to the municipality or governing body. After
twelve months of prompt payment history, the municipality or
governing body shall return the deposit to the customer or credit
the customer's account with interest at a rate to be set by the
Public Service Commission:
Provided, That where the customer is a
tenant, the municipality or governing body is not required to
return the deposit until the time the tenant discontinues service
with the municipality governing body. Whenever any rates, fees,
rentals or charges for services or facilities furnished remain
unpaid for a period of twenty days after they become due, the user
of the services and facilities provided is delinquent and the user
is liable at law until all rates, fees and charges are fully paid.
The municipality or governing body may terminate water services to
a delinquent user of either water or sewage facilities, or both,
ten days after the water or sewage services become delinquent
regardless of whether the governing body utilizes the security
deposit to satisfy any delinquent payments:
Provided further, That
any termination of water service must comply with all rules and
orders of the Public Service Commission:
Provided however, That
nothing contained within the rules of the Public Service Commission
shall be deemed to require the municipality or governing body to
accept payment at the premises in lieu of discontinuing service for
a delinquent bill, or to knock on the customer's door prior to
disconnection of service.
(b) Whenever any rates, fees or charges for services or
facilities furnished remain unpaid for a period of twenty days
after they become due, the user of the services and facilities
provided shall be delinquent and the municipality or governing body
may apply any deposit against any delinquent fee. The user is
liable until such time as all rates, fees and charges are fully
paid.
(c) All rates, fees or charges for water service, sewer
service and, if applicable, stormwater service, whenever
delinquent, as provided by ordinance of the municipality, shall be
liens of equal dignity, rank and priority with the lien on such
premises of state, county, school and municipal taxes for the
amount thereof upon the real property served. The municipality has
the plenary power and authority to enforce such lien in a civil
action to recover the money due for services rendered plus court
fees and costs and reasonable attorney's fees:
Provided, That an
owner of real property may not be held liable for the delinquent
rates, fees or charges for services or facilities of a tenant, nor
shall any lien attach to real property for the reason of delinquent
rates, fees or charges for services or facilities of a tenant of
the real property, unless the owner has contracted directly with
the municipality to purchase such services or facilities.
(d) Municipalities are hereby granted a deferral of filing
fees or other fees and costs incidental to filing an action in
magistrate court for collection of the delinquent rates and charges. If the municipality collects the delinquent account, plus
fees and costs, from its customer or other responsible party, the
municipality shall pay to the magistrate court the filing fees or
other fees and costs which were previously deferred.
(e) No municipality may foreclose upon the premises served by
it for delinquent rates, fees or charges for which a lien is
authorized by this section except through a civil action in the
circuit court of the county wherein the municipality lies. In
every such action, the court shall be required to make a finding
based upon the evidence and facts presented that the municipality
has exhausted all other remedies for collection of debts with
respect to such delinquencies prior to bringing the action. In no
event shall foreclosure procedures be instituted by any
municipality or on its behalf unless the delinquency has been in
existence or continued for a period of two years from the date of
the first delinquency for which foreclosure is being sought.
(f) Notwithstanding any other provision contained in this
article, a municipality which has been designated by the
Environmental Protection Agency as an entity to serve a West
Virginia Separate Storm Sewer System community, as defined in 40
C.F.R. §122.26, has the authority to enact ordinances or
regulations which allow for the issuance of orders, the right to
enter properties and the right to impose reasonable fines and
penalties regarding correction of violations of municipal
stormwater ordinances or regulations within the municipal watershed served by the municipal stormwater system, as long as such rules,
regulations, fines or acts are not contrary to any rules or orders
of the Public Service Commission.
(g) Notice of a violation of a municipal stormwater ordinance
or regulation shall be served in person to the alleged violator or
by certified mail, return receipt requested. The notice shall
state the nature of the violation, the potential penalty, the
action required to correct the violation and the time limit for
making the correction. Should a person, after receipt of proper
notice, fail to correct violation of the municipal stormwater
ordinance or regulation, the municipality may correct or have the
corrections of the violation made and bring the party into
compliance with the applicable stormwater ordinance or regulation.
The municipality may collect the costs of correcting the violation
from the person by instituting a civil action, as long as such
actions are not contrary to any rules or orders of the Public
Service Commission.
(h) A municipality which has been designated by the
Environmental Protection Agency as an entity to serve a West
Virginia Separate Storm Sewer System community shall prepare an
annual report detailing the collection and expenditure of rates,
fees or charges and make it available for public review at the
place of business of the governing body and the stormwater utility
main office.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 13. SEWAGE WORKS AND STORMWATER WORKS.
§16-13-16. Rates for service; deposit required for new customers;
forfeiture of deposit; reconnecting deposit; tenant's
deposit; change or readjustment; hearing; lien and
recovery; discontinuance of services.
A governing body has the power and duty, by ordinance, to
establish and maintain just and equitable rates, fees or charges
for the use of and the service rendered by:
(a) Sewerage works, to be paid by the owner of each and every
lot, parcel of real estate or building that is connected with and
uses such works by or through any part of the sewerage system of
the municipality or that in any way uses or is served by such
works; and
(b) Stormwater works, to be paid by the owner of each and
every lot, parcel of real estate or building that in any way uses
or is served by such stormwater works or whose property is improved
or protected by the stormwater works or any user of such stormwater
works.
(c) The governing body may change and readjust such rates,
fees or charges from time to time. However, no rates, fees or
charges for stormwater services may be assessed against highways,
road and drainage easements or stormwater facilities constructed,
owned or operated by the West Virginia Division of Highways.
(d) All new applicants for service shall indicate to the
governing body whether they are an owner or tenant with respect to the service location. An entity providing stormwater service shall
provide a tenant a report of the stormwater fee charged for the
entire property and, if appropriate, that portion of the fee to be
assessed to the tenant.
(e) The governing body may collect from all new applicants for
service a deposit of $50 or two twelfths of the average annual usage
of the applicant's specific customer class, whichever is greater,
to secure the payment of service rates, fees and charges in the
event they become delinquent as provided in this section. In any
case where a deposit is forfeited to pay service rates, fees and
charges which were delinquent at the time of disconnection or
termination of service, service may not be reconnected or reinstated
by the governing body until another deposit equal to $50 or a sum
equal to two twelfths of the average usage for the applicant's
specific customer class, whichever is greater, is remitted to the
governing body. After twelve months of prompt payment history, the
governing body shall return the deposit to the customer or credit
the customer's account with interest at a rate as the Public Service
Commission may prescribe:
Provided, That where the customer is a
tenant, the governing body is not required to return the deposit
until the time the tenant discontinues service with the governing
body. Whenever any rates, fees, rentals or charges for services or
facilities furnished remain unpaid for a period of twenty days after
they become due, the user of the services and facilities provided
is delinquent. The user is liable until all rates, fees and charges are fully paid. The governing body may, under reasonable rules
promulgated by the Public Service Commission, shut off and
discontinue water services to a delinquent user of sewer facilities
ten days after the sewer services become delinquent regardless of
whether the governing body utilizes the security deposit to satisfy
any delinquent payments:
Provided, however, That nothing contained
within the rules of the Public Service Commission shall be deemed
to require the governing body to accept payment at the premises in
lieu of discontinuing service for a delinquent bill, or to knock on
the customer's door prior to disconnection of service.
(f) Such rates, fees or charges shall be sufficient in each
year for the payment of the proper and reasonable expense of
operation, repair, replacements and maintenance of the works and for
the payment of the sums herein required to be paid into the sinking
fund. Revenues collected pursuant to this section shall be
considered the revenues of the works.
(g) No such rates, fees or charges shall be established until
after a public hearing, at which all the users of the works and
owners of property served or to be served thereby and others
interested shall have an opportunity to be heard concerning the
proposed rates, fees or charges.
(h) After introduction of the ordinance fixing such rates, fees
or charges, and before the same is finally enacted, notice of such
hearing, setting forth the proposed schedule of rates, fees or
charges, shall be given by publication as a Class II-0 legal advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code and the publication area for such
publication shall be the municipality. The first publication shall
be made at least ten days before the date fixed in the notice for
the hearing.
(i) After the hearing, which may be adjourned, from time to
time, the ordinance establishing rates, fees or charges, either as
originally introduced or as modified and amended, shall be passed
and put into effect. A copy of the schedule of the rates, fees and
charges shall be kept on file in the office of the board having
charge of the operation of such works, and also in the office of the
clerk of the municipality, and shall be open to inspection by all
parties interested. The rates, fees or charges established for any
class of users or property served shall be extended to cover any
additional premises thereafter served which fall within the same
class, without the necessity of any hearing or notice.
(j) Any change or readjustment of such rates, fees or charges
may be made in the same manner as the rates, fees or charges were
originally established as hereinbefore provided:
Provided, That if
a change or readjustment be made substantially pro rata, as to all
classes of service, no hearing or notice shall be required. The
aggregate of the rates, fees or charges shall always be sufficient
for the expense of operation, repair and maintenance and for the
sinking fund payments.
(k) All rates, fees or charges, if not paid when due, shall constitute a lien upon the premises served by such works. If any
service rate, fees or charge is not paid within twenty days after
it is due, the amount thereof, together with a penalty of ten
percent and a reasonable attorney's fee, may be recovered by the
board in a civil action in the name of the municipality. The lien
may be foreclosed against such lot, parcel of land or building in
accordance with the laws relating thereto. Where both water and
sewer services are furnished by any municipality to any premises,
the schedule of charges may be billed as a single amount or
individually itemized and billed for the aggregate thereof.
(l) Whenever any rates, rentals, fees or charges for services
or facilities furnished shall remain unpaid for a period of twenty
days after they become due, the property and the owner thereof, as
well as the user of the services and facilities shall be delinquent
until such time as all rates, fees and charges are fully paid. When
any payment for rates, rentals, fees or charges becomes delinquent,
the governing body may use the security deposit to satisfy the
delinquent payment.
(m) The board collecting the rates, fees or charges shall be
obligated under reasonable rules to shut off and discontinue both
water and sewer services to all delinquent users of water, sewer or
stormwater facilities and shall not restore either water facilities
or sewer facilities to any delinquent user of any such facilities
until all delinquent rates, fees or charges for water, sewer and
stormwater facilities, including reasonable interest and penalty charges, have been paid in full, as long as such actions are not
contrary to any rules or orders of the Public Service Commission:
Provided, That nothing contained within the rules of the Public
Service Commission shall be deemed to require the municipality or
governing body to accept payment at the premises in lieu of
discontinuing service for a delinquent bill, or to knock on the
customer's door prior to disconnection of service.
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-9. Rules; service rates and charges; discontinuance of
service; required water and sewer connections; lien
for delinquent fees.
(a) (1) The board may make, enact and enforce all needful rules
in connection with the acquisition, construction, improvement,
extension, management, maintenance, operation, care, protection and
the use of any public service properties owned or controlled by the
district. The board shall establish rates, fees and charges for the
services and facilities it furnishes, which shall be sufficient at
all times, notwithstanding the provisions of any other law or laws,
to pay the cost of maintenance, operation and depreciation of the
public service properties and principal of and interest on all bonds
issued, other obligations incurred under the provisions of this
article and all reserve or other payments provided for in the
proceedings which authorized the issuance of any bonds under this
article. The schedule of the rates, fees and charges may be based
upon:
(A) The consumption of water or gas on premises connected with
the facilities, taking into consideration domestic, commercial,
industrial and public use of water and gas;
(B) The number and kind of fixtures connected with the
facilities located on the various premises;
(C) The number of persons served by the facilities;
(D) Any combination of paragraphs (A), (B) and (C) of this
subdivision; or
(E) May be determined on any other basis or classification
which the board may determine to be fair and reasonable, taking into
consideration the location of the premises served and the nature and
extent of the services and facilities furnished. However, no rates,
fees or charges for stormwater services may be assessed against
highways, road and drainage easements or stormwater facilities
constructed, owned or operated by the West Virginia Division of
Highways.
(2) Where water, sewer, stormwater or gas services, or any
combination thereof, are all furnished to any premises, the schedule
of charges may be billed as a single amount for the aggregate of the
charges. The board shall require all users of services and
facilities furnished by the district to designate on every
application for service whether the applicant is a tenant or an
owner of the premises to be served. If the applicant is a tenant,
he or she shall state the name and address of the owner or owners
of the premises to be served by the district. Notwithstanding the provisions of section eight, article three, chapter twenty-four of
this code to the contrary, all new applicants for service shall
deposit the greater of a sum equal to two twelfths of the average
annual usage of the applicant's specific customer class or $50, with
the district to secure the payment of service rates, fees and
charges in the event they become delinquent as provided in this
section. If a district provides both water and sewer service, all
new applicants for service shall deposit the greater of a sum equal
to two twelfths of the average annual usage for water service or $50
and the greater of a sum equal to two twelfths of the average annual
usage for wastewater service of the applicant's specific customer
class or $50. In any case where a deposit is forfeited to pay
service rates, fees and charges which were delinquent at the time
of disconnection or termination of service, no reconnection or
reinstatement of service may be made by the district until another
deposit equal to the greater of a sum equal to two twelfths of the
average usage for the applicant's specific customer class or $50 has
been remitted to the district. After twelve months of prompt
payment history, the district shall return the deposit to the
customer or credit the customer's account at a rate as the Public
Service Commission may prescribe:
Provided, That where the customer
is a tenant, the district is not required to return the deposit
until the time the tenant discontinues service with the district.
Whenever any rates, fees, rentals or charges for services or
facilities furnished remain unpaid for a period of twenty days after the same become due and payable, the user of the services and
facilities provided is delinquent and the user is liable at law
until all rates, fees and charges are fully paid. The board may,
under reasonable rules promulgated by the Public Service Commission,
shut off and discontinue water or gas services to all delinquent
users of either water or gas facilities, or both, ten days after the
water or gas services become delinquent.
Provided, however, That
nothing contained within the rules of the Public Service Commission
shall be deemed to require the board to accept payment at the
premises in lieu of discontinuing service for a delinquent bill, or
to knock on the customer's door prior to disconnection of service.
(b) In the event that any publicly or privately owned utility,
city, incorporated town, other municipal corporation or other public
service district included within the district owns and operates
separately water facilities, sewer facilities or stormwater
facilities and the district owns and operates another kind of
facility either water or sewer, or both, as the case may be, then
the district and the publicly or privately owned utility, city,
incorporated town or other municipal corporation or other public
service district shall covenant and contract with each other to shut
off and discontinue the supplying of water service for the
nonpayment of sewer or stormwater service fees and charges:
Provided, That any contracts entered into by a public service
district pursuant to this section shall be submitted to the Public
Service Commission for approval. Any public service district which provides water and sewer service, water and stormwater service or
water, sewer and stormwater service has the right to terminate water
service for delinquency in payment of water, sewer or stormwater
bills. Where one public service district is providing sewer service
and another public service district or a municipality included
within the boundaries of the sewer or stormwater district is
providing water service and the district providing sewer or
stormwater service experiences a delinquency in payment, the
district or the municipality included within the boundaries of the
sewer or stormwater district that is providing water service, upon
the request of the district providing sewer or stormwater service
to the delinquent account, shall terminate its water service to the
customer having the delinquent sewer or stormwater account:
Provided, however, That any termination of water service must comply
with all rules and orders of the Public Service Commission.
Provided further, That nothing contained within the rules of the
Public Service Commission shall be deemed to require the Public
Service Districts to accept payment at the premises in lieu of
discontinuing service for a delinquent bill, or to knock on the
customer's door prior to disconnection of service.
(c) Any district furnishing sewer facilities within the
district may require, or may by petition to the circuit court of the
county in which the property is located, compel or may require the
Division of Health to compel all owners, tenants or occupants of any
houses, dwellings and buildings located near any sewer facilities where sewage will flow by gravity or be transported by other methods
approved by the Division of Health, including, but not limited to,
vacuum and pressure systems, approved under the provisions of
section nine, article one, chapter sixteen of this code, from the
houses, dwellings or buildings into the sewer facilities, to connect
with and use the sewer facilities and to cease the use of all other
means for the collection, treatment and disposal of sewage and waste
matters from the houses, dwellings and buildings where there is
gravity flow or transportation by any other methods approved by the
Division of Health, including, but not limited to, vacuum and
pressure systems, approved under the provisions of section nine,
article one, chapter sixteen of this code and the houses, dwellings
and buildings can be adequately served by the sewer facilities of
the district and it is declared that the mandatory use of the sewer
facilities provided for in this paragraph is necessary and essential
for the health and welfare of the inhabitants and residents of the
districts and of the state. If the public service district requires
the property owner to connect with the sewer facilities even when
sewage from dwellings may not flow to the main line by gravity and
the property owner incurs costs for any changes in the existing
dwellings' exterior plumbing in order to connect to the main sewer
line, the Public Service District Board shall authorize the district
to pay all reasonable costs for the changes in the exterior
plumbing, including, but not limited to, installation, operation,
maintenance and purchase of a pump or any other method approved by the Division of Health. Maintenance and operation costs for the
extra installation should be reflected in the users charge for
approval of the Public Service Commission. The circuit court shall
adjudicate the merits of the petition by summary hearing to be held
not later than thirty days after service of petition to the
appropriate owners, tenants or occupants.
(d) Whenever any district has made available sewer facilities
to any owner, tenant or occupant of any house, dwelling or building
located near the sewer facility and the engineer for the district
has certified that the sewer facilities are available to and are
adequate to serve the owner, tenant or occupant and sewage will flow
by gravity or be transported by other methods approved by the
Division of Health from the house, dwelling or building into the
sewer facilities, the district may charge, and the owner, tenant or
occupant shall pay, the rates and charges for services established
under this article only after thirty-day notice of the availability
of the facilities has been received by the owner, tenant or
occupant. Rates and charges for sewage services shall be based upon
actual water consumption or the average monthly water consumption
based upon the owner's, tenant's or occupant's specific customer
class.
(e) The owner, tenant or occupant of any real property may be
determined and declared to be served by a stormwater system only
after each of the following conditions is met: (1) The district has
been designated by the Environmental Protection Agency as an entity to serve a West Virginia Separate Storm Sewer System community, as
defined in 40 C.F.R. §122.26; (2) the district's authority has been
properly expanded to operate and maintain a stormwater system; (3)
the district has made available a stormwater system where stormwater
from the real property affects or drains into the stormwater system;
and (4) the real property is located in the Municipal Separate Storm
Sewer System's designated service area. It is further hereby found,
determined and declared that the mandatory use of the stormwater
system is necessary and essential for the health and welfare of the
inhabitants and residents of the district and of the state. The
district may charge and the owner, tenant or occupant shall pay the
rates, fees and charges for stormwater services established under
this article only after thirty-day notice of the availability of the
stormwater system has been received by the owner. An entity
providing stormwater service shall provide a tenant a report of the
stormwater fee charged for the entire property and, if appropriate,
that portion of the fee to be assessed to the tenant.
(f) All delinquent fees, rates and charges of the district for
either water facilities, sewer facilities, gas facilities or
stormwater systems or stormwater management programs are liens on
the premises served of equal dignity, rank and priority with the
lien on the premises of state, county, school and municipal taxes.
Nothing contained within the rules of the Public Service Commission
shall be deemed to require Public Service Districts to accept
payment at the premises in lieu of discontinuing service for a delinquent bill, or to knock on the customer's door prior to
disconnection of service. In addition to the other remedies
provided in this section, public service districts are granted a
deferral of filing fees or other fees and costs incidental to the
bringing and maintenance of an action in magistrate court for the
collection of delinquent water, sewer, stormwater or gas bills. If
the district collects the delinquent account, plus reasonable costs,
from its customer or other responsible party, the district shall pay
to the magistrate the normal filing fee and reasonable costs which
were previously deferred. In addition, each public service district
may exchange with other public service districts a list of
delinquent accounts:
Provided, That an owner of real property may
not be held liable for the delinquent rates or charges for services
or facilities of a tenant, nor may any lien attach to real property
for the reason of delinquent rates or charges for services or
facilities of a tenant of the real property, unless the owner has
contracted directly with the public service district to purchase the
services or facilities.
(g) Anything in this section to the contrary notwithstanding,
any establishment, as defined in section three, article eleven,
chapter twenty-two of this code, now or hereafter operating its own
sewage disposal system pursuant to a permit issued by the Department
of Environmental Protection, as prescribed by section eleven of said
article, is exempt from the provisions of this section.
(h) A public service district which has been designated by the Environmental Protection Agency as an entity to serve a West
Virginia Separate Storm Sewer System community shall prepare an
annual report detailing the collection and expenditure of rates,
fees or charges and make it available for public review at the place
of business of the governing body and the stormwater utility main
office.
________
(NOTE: The purpose of this bill is to eliminate the
requirement that a Public Service District or municipality accept
payment at the premises prior to discontinuance of service for a
delinquent water or sewer bill, or that the Public Service District
or municipality must knock on the customer's door prior to
disconnection of service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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