COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 323
(By Senators Bowman and Oliverio)
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[Originating in the Committee on the Judiciary;
reported February 20, 2008.]
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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; authorizing municipalities to set rates,
charges and fees for stormwater services; providing that water
service may be terminated for nonpayment of stormwater service
fees; authorizing municipalities to adopt ordinances or
regulations to allow issuance of orders, entry on property,
setting fines and penalties for violation of stormwater law;
establishing requirements for notice of violations;
authorizing municipality to correct violations and collect
cost from violator; and providing that the owner, occupant or
tenant of real property is deemed to be served by a stormwater
system under certain circumstances.
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 A municipality
availing
itself of the provisions of this article shall have has the plenary
power and authority to make, enact and enforce all
needful
necessary rules for the repair, maintenance
, and operation and
management of the combined system of
such the municipality and for
the use thereof.
and shall also have A municipality also has the
plenary power and authority to make, enact and enforce all
needful
necessary rules and ordinances for the care and protection of any
such system,
which may be conducive to the preservation of the
public for the health, comfort and convenience
of the public; provide a clean and to rendering the water supply
of such
municipality pure, the sewerage harmless insofar as it is
reasonably possible so to do, properly treated sewage 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 A municipality
shall have 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
, and an 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 The rates, fees or charges shall be changed from time to time as
needful 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.
(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
not be
made reinstated 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 to be set by 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 they 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 terminating 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 municipality utilizes the security deposit to
satisfy any delinquent payments.
The Public Service Commission
shall promulgate reasonable rules for termination, by a
municipality, of water services to a delinquent user of water
service or sewage facilities or both.
(b) Whenever any rates, fees or charges for services or
facilities furnished remain unpaid for a period of twenty days
after
the same they 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 The user
shall be held is 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 The
municipality
shall have has the 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 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
the bringing and
maintenance of filing 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 has 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 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 has the authority to enact ordinances or
regulations which allow for the issuance of orders, right to enter
properties and imposition of reasonable fines and penalties
regarding correction of violations of municipal stormwater
ordinances or regulations within the municipal watershed served by
the municipal stormwater system.
(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.
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 A
municipality 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 municipality 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 or stormwater facilities constructed, owned
and/or or operated by the West
Virginia Division of Highways.
(d) All new applicants for service shall indicate to the
governing body municipality whether they are an owner or tenant
with respect to the service location.
(e) The
governing body municipality 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
not be
made reinstated by the
governing body municipality 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 municipality. After twelve months
of prompt payment history, the
governing body municipality 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
municipality. Whenever any rates, fees, rentals or charges for
services or facilities furnished remain unpaid for a period of twenty days after
the same they become due
and payable, the user of
the services and facilities provided is delinquent.
and the The
user is liable
at law until all rates, fees and charges are fully
paid. The
governing body municipality 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 the
notice for the hearing.
(i) After
such 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
such the
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 the rates, fees or charges
were originally established as hereinbefore provided:
Provided,
That if
such 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
such the expense of operation, repair and
maintenance and for
such 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
so established is not paid within twenty days after
the same 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.
and in connection with such action said The lien may
be foreclosed against such lot, parcel of land or building, in
accordance with the laws relating thereto.
Provided, That where
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 they 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 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
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
any such facilities 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.
(a) Notwithstanding any other provision contained in this
article, and in addition thereto,
the governing body of any
municipal corporation municipality which has received or which
hereafter receives an order issued by the
Director of the Division
of Secretary of the Department of Environmental Protection or the
Environmental Quality Board requiring
such municipal corporation
the municipality 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
municipal sewer system
and/or and stormwater system
of such municipal corporation,
and/or
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.
(b) Such The rates, fees or charges shall be sufficient
for
the payment of to 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
Secretary of the Department of Environmental Protection or the
Environmental Quality Board, and for the operation, maintenance and
repair of the entire works and system.
(c) The
governing body municipality 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.
(d) After the completion of the construction
such the 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.
(e) 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.
(f) 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 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.
(g) 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 The schedule of rates, fees and charges 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.
(h) 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.
(i) If any rate, fees or charge
so established is not paid
within thirty days after
the same it 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 the municipality in a civil action in the name of the
municipality.
(j) Any municipal corporation exercising the powers given
herein has
the 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
Secretary of the Department 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 Secretary of the Department of
Environmental Protection or the Environmental Quality Board and the
rights, powers and duties of the
municipal corporation municipality
and the respective officers and departments thereof, including the
sanitary board, are governed by the provisions of this article.
Provided, however, That the
(k) The jurisdiction and authority provided by this section
does not extend to highways, road and drainage easements
and/or and
stormwater facilities constructed, owned
and/or 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.
(l) A municipality has the authority to enact ordinances or
regulations which allow for the issuance of orders, right to enter
properties and imposition of reasonable fines and penalties
regarding correction of violations of municipal stormwater
ordinances or regulations within the municipal watershed served by
the municipal stormwater system.
(m) 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 make or have made the corrections
the violation 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.
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 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, 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.)