H. B. 2841
(By Delegate Flanigan, By Request)
[Introduced March 28, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article thirteen-a,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to public
service districts for water, sewerage and gas services; and
providing that unpaid charges for water services do not
become a lien against the owner of real property, nor is the
owner liable for the charges unless the owner contracted
directly with the public service district for the services
or is the owner of the water line or facility.
Be it enacted by the Legislature of West Virginia:
That section nine, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND GAS SERVICES.
§16-13A-9. Rules; service rates and charges; discontinuance of
service; required water and sewer connections;
lien for delinquent fees.
The board may make, enact and enforce all needful rules and
regulations 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, and the board shall establish rates
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 such 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 hereunder. The schedule of
such the rates and charges may be based upon either: (a) The
consumption of water or gas on premises connected with such the
facilities, taking into consideration domestic, commercial,
industrial and public use of water and gas; or (b) the number and
kind of fixtures connected with such the facilities located on
the various premises; or (c) the number of persons served by such the facilities; or (d) any combination thereof; 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. Where
water, sewer and gas services are all furnished to any premises,
the schedule of charges may be billed as a single amount for the
aggregate thereof. 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. All new
applicants for service shall deposit a minimum of fifty dollars
with the district to secure the payment of service rates 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 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 minimum deposit of fifty dollars has been remitted to the
district. Whenever any rates, rentals or charges for services or
facilities furnished remain unpaid for a period of thirty days after the same they become due and payable, the property and the
owner thereof, as well as the user of the services and facilities
provided are delinquent and the owner, user and property are
liable at law until such time as all such the rates and charges
are fully paid: Provided, That the property owner shall be given
notice of any said delinquency by certified mail, return receipt
requested an owner of real property may not be held liable for
the delinquent rates or charges for services or facilities of a
tenant for water services, nor may any lien attach to real
property by reason of the delinquency of a tenant for water
services, unless the owner has contracted directly with the
public service district to purchase the water services or is the
owner of the water line or the facility. The board may, under
reasonable rules promulgated proposed by the public service
commission for approval by the Legislature in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
shut off and discontinue water or gas services to all delinquent
users of either water or gas facilities, or both: Provided,
however, That upon written request of the owner or owners of the
premises, the board shall shut off and discontinue water and gas
services where any rates, rentals, or charges for services or
facilities remain unpaid by the user of the premises for a period
of sixty days after the same they became due and payable.
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,
and the district owns and operates the other kind of facilities,
either water or sewer, as the case may be, then the district and
such 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 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 providing water and sewer
service to its customers has the right to terminate water service
for delinquency in payment of either water or sewer 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 district is providing water service,
and the district providing sewer service experiences a
delinquency in payment, the district or the municipality included
within the boundaries of the sewer district that is providing
water service, upon the request of the district providing sewer service to the delinquent account, shall terminate its water
service to the customer having the delinquent sewer account:
Provided, however, That any termination of water service must
shall comply with all rules and orders of the public service
commission.
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 bureau of public division of health to compel all owners,
tenants or occupants of any houses, dwellings and buildings
located near any such sewer facilities, where sewage will flow by
gravity or be transported by such any other methods approved by
the bureau of public 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 such the houses, dwellings or buildings into such the
sewer facilities, to connect with and use such the sewer
facilities, and to cease the use of all other means for the
collection, treatment and disposal of sewage and waste matters
from such the houses, dwellings and buildings where there is such
gravity flow or transportation by such any other methods approved
by the bureau of public 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 such the houses, dwellings and buildings can be
adequately served by the sewer facilities of the district, and it
is hereby found, determined and declared that the mandatory use
of such the sewer facilities provided for in this paragraph is
necessary and essential for the health and welfare of the
inhabitants and residents of such the districts and of the state:
Provided, That if the public service district determines that the
property owner must shall connect with the sewer facilities even
when sewage from such the dwellings may not flow to the main line
by gravity and the property owner must shall incur 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 such
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 bureau of public division of
health; maintenance and operation costs for such 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 such the petition by summary hearing to
be held not later than thirty days after service of petition to
the appropriate owners, tenants or occupants.
Whenever any district has made available sewer facilities to
any owner, tenant or occupant of any house, dwelling or building
located near such the sewer facility, and the engineer for the
district has certified that such the sewer facilities are
available to and are adequate to serve such the owner, tenant or
occupant, and sewage will flow by gravity or be transported by
such any other methods approved by the bureau of public division
of health from such the house, dwelling or building into such
the sewer facilities, the district may charge, and such 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.
All delinquent fees, rates and charges of the district for
either water facilities, sewer facilities or gas facilities are
liens on the premises served of equal dignity, rank and priority
with the lien on such the premises of state, county, school and
municipal taxes. In addition to the other remedies provided in
this section, public service districts 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 delinquent water, sewer 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.
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 eliminate landlord
liability for delinquent accounts of the tenant to the public
service district for water services.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.