Adopted by House 3-13-2010
SB465 H JUD AM 3-9 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"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; that §16-13A-9 of said code be amended and reenacted;
and that §24-3-10 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 any agents or employees of the municipality or
governing body to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill.
(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 any agents or employees of the municipality or
governing body to accept payment at the customer's premises in
lieu of discontinuing service for a delinquent bill.
(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 any agents or
employees of the governing body to accept payment at the customer's
premises in lieu of discontinuing service for a delinquent bill.
(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 any agents or
employees of the municipality or governing body to accept payment
at the customer's premises in lieu of discontinuing service for a
delinquent bill.
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 any agents or employees of the board to accept
payment at the customer's premises in lieu of discontinuing service
for a delinquent bill.
(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 any agents or employees of the Public Service Districts to accept payment at the
customer's premises in lieu of discontinuing service for a
delinquent bill.
(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 any agents or employees of the Public
Service Districts to accept payment at the customer's premises in
lieu of discontinuing service for a delinquent bill. 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.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-10. Termination of water service for delinquent sewer bills.
(a) In the event that any publicly or privately owned utility,
city, incorporated town, municipal corporation or public service
district owns and operates either water facilities or sewer
facilities, and a privately owned public utility or a public
utility that is owned and operated by a homeowners' association
owns and operates the other kind of facilities, either water or
sewer, then the privately owned public utility or the homeowners'
association may contract with the publicly or privately owned
utility, city, incorporated town, or public service district which
provides the other services to shutoff and discontinue the
supplying of water service for the nonpayment of sewer service fees
and charges.
(b) Any contracts entered into by a privately owned public
utility or by a public utility that is owned and operated by a
homeowners' association pursuant to this section must be submitted
to the Public Service Commission for approval.
(c) Any privately owned public utility or any public utility
that is owned and operated by a homeowners' association which
provides water and sewer service to its customers may terminate
water service for delinquency in payment of either water or sewer
bills.
(d) Where a privately owned public utility or a public utility
that is owned and operated by a homeowners' association is
providing sewer service and another utility is providing water
service, and the privately owned public utility or the homeowners'
association providing sewer service experiences a delinquency in
payment, the utility providing water service, upon the request of
the homeowners' association or the privately owned public utility
providing sewer service to the delinquent account, shall terminate
its water service to the customer having the delinquent sewer
account.
(e) Any termination of water service must comply with all
rules and orders of the Public Service Commission: Nothing
contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the water or sewer
utility to accept payment at the customer's premises in lieu of
discontinuing water service for a delinquent water or sewer bill."