Senate Bill No. 323
(By Senators Bowman and Oliverio)
____________
[Introduced January 23, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §8-20-10 of the Code of West Virginia,
1931, as amended; to amend and reenact §16-13-16 and
§16-13-23a of said code; and to amend and reenact §16-13A-9 of
said code, all relating to the establishment and operation of
stormwater systems; rates, charges and fees for stormwater
services; and setting forth powers and duties of
municipalities to enact and enforce ordinances to protect
streams from pollution.
Be it enacted by the Legislature of West Virginia:
That §8-20-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §16-13-16 and §16-13-23a 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 20. COMBINED SYSTEMS.
§8-20-10. Power and authority of municipality to enact ordinances
and make rules and fix rates, fees or charges; cease
pollution; 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 any municipality availing itself
of the provisions of this article shall have plenary power and
authority to make, enact and enforce all needful rules for the
repair, maintenance and operation and management of the combined
system of such municipality and for the use thereof, and shall also
have plenary power and authority to make, enact and enforce all
needful rules and ordinances for the care and protection of any
such system, which may be conducive to the preservation of the
public health, comfort and convenience and to rendering the water
supply of such municipality pure, the sewerage harmless insofar as
it is reasonably possible so to do, and if applicable properly
collecting and controlling the stormwater as is reasonably possible
so 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 except
in accordance with chapter twenty-nine-a of this code.
(2) Any municipality shall have plenary power and authority to
charge the users for the use and service of 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 and adequate depreciation fund and
pay the principal of 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, and such rates,
fees or charges shall be changed from time to time as needful,
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.
(4) The municipality or governing body, but only one of them, may collect from all new applicants for service a deposit of one
hundred dollars 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, no reconnecting or
reinstatement of service may be made by the municipality or
governing body until another deposit equal to one hundred dollars
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 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.
(b) Whenever any rates, fees 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 shall be delinquent and the municipality or
governing body may apply any deposit against any delinquent fee and
the user shall be held liable at law 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, 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 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, 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 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.
(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 the bringing and
maintenance of a civil action for the 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 the action.
In no event shall foreclosure procedures be instituted by any municipality or on its behalf unless the delinquency had 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 has the authority to enact such ordinances
which allow for the issuance of orders, right to enter properties
and imposition of reasonable fines and penalties regarding the
abatement of violations of a municipal stormwater ordinances or
regulations within the municipal watershed served by the municipal
stormwater system. Should a person, upon proper notice fail to
remediate violations of the municipal stormwater program or
ordinance, the municipality may undertake tasks to bring the party
into compliance with the applicable stormwater program or ordinance
and collect such costs from the person in the form of a civil
action.
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.
The governing body shall have power, and it shall be its 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 and/or stormwater facilities
constructed, owned and/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.
(e) The governing body may collect from all new applicants for
service a deposit of fifty dollars 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, no reconnecting or
reinstatement of service may be made by the governing body until
another deposit equal to fifty dollars 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 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 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.
(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 such 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 such notice for the hearing.
(i) After such 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 such rates, fees
and charges so established 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
so 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 such rates, fees or charges were
originally established as hereinbefore provided:
Provided, That if
such 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 such expense of operation, repair and maintenance
and for such 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 so established is not paid within
twenty days after the same 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, and in connection with such action said lien may be
foreclosed against such lot, parcel of land or building, in
accordance with the laws relating thereto:
Provided, That 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 the same shall become due and payable, 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 such 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
either water
facilities,
or sewer facilities or
both stormwater facilities, and
shall not restore either water facilities or sewer facilities, to
any delinquent user of either until all delinquent rates, fees or
charges for both water facilities,
and sewer facilities
and
stormwater facilities, including reasonable interest and penalty
charges, have been paid in full.
§16-13-23a. Additional powers of municipality
to cease pollution.
Notwithstanding any other provision contained in this article,
and in addition thereto, the governing body of any municipal corporation which has received or which hereafter receives an order
issued by the Director of the Division of Environmental Protection
or the Environmental Quality Board requiring such municipal
corporation to cease the pollution of any stream or waters, is
hereby authorized and empowered to fix, establish and maintain, by
ordinance, just and equitable rates, fees or charges for the use of
the services and facilities of the existing sewer system and/or
stormwater system of such municipal corporation, and/or for the use
of the services and facilities to be rendered upon completion of
any works and system necessary by virtue of said order, to be paid
by the owner, tenant or occupant of each and every lot or parcel of
real estate or building that is connected with and uses any part of
such sewer system or stormwater system, or that in any way uses or
is served thereby, and may change and readjust such rates, fees or
charges from time to time.
Such rates, fees or charges shall be sufficient for the
payment of all the proper and reasonable costs and expenses of the
acquisition and construction of plants, machinery and works for the
collection and/or treatment, purification and disposal of sewage or
stormwater, and the repair, alteration and extension of existing
sewer facilities or stormwater facilities, as may be necessary to
comply with such order of the Director of the Division of
Environmental Protection or the Environmental Quality Board, and
for the operation, maintenance and repair of the entire works and system.
The governing body shall create, by ordinance, a sinking fund
to accumulate and hold any part or all of the proceeds derived from
rates or charges until completion of the construction, to be
remitted to and administered by the Municipal Bond Commission by
expending and paying the costs and expenses of construction and
operation in the manner as provided by said ordinance.
After the completion of the construction such rates, fees or
charges shall be sufficient in each year for the payment of the
proper and reasonable costs and expenses of operation, maintenance,
repair, replacement and extension from time to time, of the entire
sewer and works or entire stormwater works.
No such rates, fees or charges shall be established until
after a public hearing, at which all the potential users of the
works and owners of property served or to be served thereby and
others shall have had an opportunity to be heard concerning the
proposed rates or charges.
After introduction of the ordinance fixing 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 of notice 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 is the municipality. The first publication shall be made at least ten days before the date fixed therein for
the hearing.
After such hearing, which may be adjourned from time to time,
the ordinance establishing the rates, fees or charges, either as
originally introduced or as modified and amended, may be passed and
put into effect. A copy of the schedule of the rates, fees and
charges so established shall be kept on file in the office of the
sanitary board having charge of the construction and 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 so 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.
Any change or readjustment of rates, fees or charges may be
made in the same manner as rates, fees or charges were originally
established as hereinbefore provided:
Provided, That if such
change or readjustment be made substantially pro rata, as to all
classes of service, no hearing or notice is required.
If any rate, fees or charge so established is not paid within
thirty days after the same is due, the amount thereof, together
with a penalty of ten percent, and a reasonable attorney's fee, may
be recovered by the sanitary board of such municipal corporation in
a civil action in the name of the municipality.
Any municipal corporation exercising the powers given herein
has authority to construct, acquire, improve, equip, operate,
repair and maintain any plants, machinery, or works necessary to
comply with the order of the Director of the Division of
Environmental Protection or the Environmental Quality Board, and
the authority provided herein to establish, maintain and collect
rates, fees or charges is an additional and alternative method of
financing such works and matters, and is independent of any other
provision of this article insofar as the article provides for or
requires the issuance of revenue bonds or the imposition of rates,
fees and charges in connection with the bonds:
Provided, That
except for the method of financing such works and matters, the
construction, acquisition, improvement, equipment, custody,
operation, repair and maintenance of any plants, machinery or works
in compliance with an order of the Director of the Division of
Environmental Protection or the Environmental Quality Board, and
the rights, powers, and duties of the municipal corporation and the
respective officers and departments thereof, including the sanitary
board, are governed by the provisions of this article.
Provided,
however, That the A municipality has the authority to enact such
ordinances which allow for the issuance of orders, right to enter
properties and imposition of reasonable fines and penalties
regarding the abatement of violations of a municipal stormwater
ordinances or regulations within the municipal watershed served by the municipal stormwater system. Should a person, upon proper
notice fail to remediate violations of the municipal stormwater
program or ordinance, the municipality may undertake tasks to bring
the party into compliance with the applicable stormwater program or
ordinance and collect such costs from the person in the form of a
civil action. The jurisdiction and authority provided by this
section does not extend to highways, road and drainage easements,
and/or stormwater facilities constructed, owned and/or operated by
the West Virginia Division of Highways and no rates, fees or
charges for stormwater services or costs of compliance may be
assessed against highways, road and drainage easements, and/or
stormwater facilities constructed, owned and/or operated by the
West Virginia Division of Highways.
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 fifty dollars, 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 fifty dollars 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 fifty dollars. 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 fifty
dollars 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.
(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 either water facilities, or sewer facilities or
stormwater facilities, and the district owns and operates the other
another kind of facilities facility either water or sewer, 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 providing water and sewer service, water and
stormwater service or water, sewer and stormwater service to its
customers has the right to terminate water service for delinquency
in payment of either water, or 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.
(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) Whenever any district has made available a stormwater
system to any owner, tenant or occupant of any real property
located near the stormwater system and where stormwater from real
property affects or drains into the stormwater system, it is hereby
found, determined and declared that the owner, tenant or occupant
is being served by the stormwater system and it The owner, tenant
or occupant of any real property is hereby found, determined and
declared to be served by a stormwater system under either of the
following circumstances: (1) When any district has made available
a stormwater system where stormwater from the real property affects
or drains into the stormwater system; or (2) when any district has
made available a stormwater system located in any part of an area
that has been designated as a Municipal Separate Storm Sewer
System, as defined in 40 C.F.R. 122.26, and the real property is
located in any part of the same Municipal Separate Storm Sewer
System. 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.
(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.
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, now or hereafter operating its own sewage
disposal system pursuant to a permit issued by the Division of
Environmental Protection, as prescribed by section eleven, article
eleven, chapter twenty-two of this code, is exempt from the
provisions of this section.
NOTE: The purpose of this bill is to allow for the termination
of water service for the nonpayment of duly enacted stormwater fees
of municipalities, municipal sanitary boards and public service
districts; to allow for the enactment and enforcement of municipal
pollution control ordinances; and to define the stormwater
customers of public service districts
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.