ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 323
(Senators Bowman and Oliverio, original sponsors)
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[Passed March 8, 2008; in effect ninety days from passage.]
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AN ACT 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; 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 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, service may not be
reconnected or 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 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 or 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, That any termination of water
service must comply with all rules and orders of the Public Service
Commission
.
(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 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, service may not be
reconnected or reinstated 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 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.
(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.
§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
municipality which has received or which hereafter receives an
order issued by the Secretary of the Department of Environmental
Protection or the Environmental Quality Board requiring the
municipality to cease the pollution of any stream or waters is
hereby authorized to 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 stormwater
system, 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) The rates, fees or charges shall be sufficient to all the
proper and reasonable costs and expenses of the acquisition and
construction of plants, machinery and works for the collection,
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 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 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, 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. 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 in the office of the clerk of the municipality. The
schedule of rates, fees and charges 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.
(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, fee or charge is not paid within thirty 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
sanitary board of the municipality in a civil action in the name of
the municipality.
(j) Any municipality 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 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 Secretary of the Department of
Environmental Protection or the Environmental Quality Board and the
rights, powers and duties of the municipality and the respective
officers and departments thereof, including the sanitary board, are
governed by the provisions of this article.
(k) The jurisdiction and authority provided by this section
does not extend to highways, road and drainage easements and
stormwater facilities constructed, owned 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 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 actions are not contrary to any rules or
orders of the Public Service Commission.
(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 the violation of the municipal stormwater
ordinance or regulation, the municipality may make or have made the
corrections of 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, as long as such actions
are not contrary to any rules or orders of the Public Service
Commission.
(n) 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.
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 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.
(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.
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.