933.01 SEWER USER CHARGES.
   (a)    Rates. Sewer user charges or rates are imposed upon and shall be collected from the owner of each improved property which shall be connected with the sanitary sewer system, for use of the sewer system, whether such use shall be direct or indirect. The sewer user charges shall commence and shall be effective as of the date of connection of each such improved property to the sewer system or within thirty-one days of availability of the sewer system, whichever is first, and shall be payable as provided herein.
   (b)    The Sanitary Board is authorized to bill the customer for the cost of services performed at the request of the customer if the solution to the problem is known or found to be the responsibility of the customer.
   (c)    Every owner of improved property which is connected to the sewer system shall provide the Village with and thereafter shall keep the Village advised of his or her correct address. Failure of any person to receive bills for sewer user charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill shall be payable. (Ord. 2000-04. Passed 8-16-00.)
   (d)   Rules and Regulations. The Rules and Regulations as set forth in current Sewer Tariff No. 9 shall remain unchanged.
   (e)   PHASE I. [Effective 45 Days from Passage of Ordinance through June 30, 2020]
SCHEDULE I
APPLICABILITY
Applicable within the entire territory served.
AVAILABILITY OF SERVICE
Available for domestic, commercial, resale (non-contract) and industrial sewer service (except unusual industrial waste)
RATES- METERED WATER SUPPLY
First         2,000 gallons of water used per month   $6.75 per 1,000 gallons
All Over       2,000 gallons of water used per month   $7.30 per 1,000 gallons
Sewer service shall be based upon all the volume of water delivered to the customer's Property. This volume is measured by the water meter serving the premises. In cases where a significant volume of the water delivered to the premises is not returned to the sanitary sewer system or water from another source is discharged to the sanitary sewer system, the customer may request, or the Village Sanitary Board may require, special flow measuring devices to properly measure the volume of wastewater entering the sanitary sewer system. Such special flow measuring devices shall be furnished, installed, and maintained by and at the expense of the customer with the approval; of the Village Sanitary Board, in some situations suitable formulae may be used to determine wastewater flow in lieu of special metering devices. Such formulae shall be approved by both the customer and the Village Sanitary Board and subject to the approval of the West Virginia Public Service Commission.
FLAT RATE CHARGE (non-metered water supply)
Equivalent of 5,000 gallons of water usage         $35.40 per month
MINIMUM CHARGE
No bill will be rendered for less than $13.50 per month which is the equivalent of 2,000 gallons of usage.
RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility or $50.00, whichever is greater, will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
DISCONNECT/RECONNECT /ADMINISTRATIVE FEES
Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with West Virginia American Water Company, a disconnection fee of $25.00 shall be charged; or in the event the delinquent sewer bill is collected, in the field by the water company, an administrative fee of $50.00 may be charged.
Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with the West Virginia American Water Company, is reconnected a reconnection fee of $25.00 shall be charged.
Any increase in West Virginia American Water Company's disconnection, reconnection and administrative fees charged to the Sanitary Board will be increased by the Sanitary Board under the same amounts as charged.
DELAYED PAYMENT PENALTY
The above tariff is net. On all current usage billings not paid in full by the latest pay date, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.
   Non-payment within sixty (60) days from the due date will result in the Village of Barboursville Sanitary Board effecting such legal remedies as may be available for the collection of the delinquent account.
TAP FEE
A tap fee of $1,000.00, or the actual cost of the connection (solely determined by the Sanitary Board), whichever is greater, will be charged to all customers who apply for service for each new tap to the system.
SERVICE CONNECTION FOR RESIDENTIAL
   (1)    To apply where an opening for residential connection must be made by the Village Sanitary Board in its collector sewer line or manhole, and a service line laid from such opening to the customer pipe at property line.
   (2)    All residential sewer tap applications must be approved by the Sanitary Board before installation.
SERVICE CONNECTION FEE. NON RESIDENTIAL
   (1)    To apply where an opening for commercial or industrial connection must be made by the Village Sanitary Board in its collector sewer line stub out or any manhole. A service line shall be run by the property owner or contractor from the commercial or industrial building to the nearest sewer line stub out or manhole for the sewer connection.
   (2)    The connection will be calculated at the actual cost and the tap fee will be deduced for total amount due.
   (3)    The Village Sanitary Board reserves the right to inspect all installation of the sewer line stub out from the building to its connecting point as explained in item number 1. The fees for inspection will be further explained below.
   (4)    All Commercial sewer tap applications must be approved by the Sanitary Board before installation.
LEAK ADJUSTMENT
An amount not to exceed $4.00 per 1,000 gallons is to be used when a bill reflects unusual water consumption which can be attributed to eligible leakage on customer's side of meter. This rate shall be applied to all such consumption above the customer's historical average usage. The Village Sanitary Board shall establish a nondiscriminatory policy regarding this provision for leak adjustments.
MOBILE HOMES
A mobile home shall be considered a residential unit for the purposes of this article and shall be subject to all fees and charges provided herein.
SECURITY DEPOSIT
Not to exceed Fifty Dollars ($50.00) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater.
After the customer has paid bills for sewer service for twelve (12) consecutive months without a delinquency, the deposit with interest will be returned to the customer. If the customer is a tenant, the deposit will not be refunded until the customer discontinues service with the Sanitary Board. The rate of interest will be determined in accordance with 4.2.a.5. of the Rules For The Government of Sewer Utilities.
INDUSTRIAL SURCHARGE RATES
   Rate applicable to Biological Oxygen Demand (BOD)
      Concentration in excess of 300 mg/1          $.156/pound
   Rate applicable to Total Suspended Solids (TSS)
      Concentration in excess of 350 mg/1         $.138/pound
EFT, CREDIT CARD AND DROP BOX PAYMENTS
A service charge will be imposed on EFT, Credit Card, Drop Box or any other non-cash payments. The amount shall be equal to the actual charges to the utility from the financial institution for processing payment.
SCHEDULE II
APPLICABILITY
Applicable in entire territory served
AVAILABILITY OF SERVICE
Available for resale customers
RESALE RATES
   Based on flow of sewage from flow meter reading      $5.00 per 1,000 gallons
   Based on water usage                  $7.30 per 1,000 gallons
RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility or $25.00, whichever is greater, will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
DELAYED PAYMENT PENALTY
On all current usage billings not paid in full by the latest pay date, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.
SECURITY DEPOSIT
Not to exceed Fifty Dollars ($50.00) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater.
   After the customer has paid bills for sewer service for twelve (12) consecutive months without a delinquency, the deposit with interest will be returned to the customer. If the customer is a tenant, the deposit will not be refunded until the customer discontinues service with the Sanitary Board. The rate of interest will be determined in accordance with 4.2.a.5. of the Rules For The Government of Sewer Utilities.
EFT CREDIT CARD AND DROP BOX PAYMENTS
A service charge will be imposed on EFT, Credit Card, Drop Box or any other non-cash payments. The amount shall be equal to the actual charges to the utility from the financial institution for processing payment.
INDUSTRIAL SURCHARGE RATES
   Rate applicable to Biological Oxygen Demand (BOD)
      Concentration in excess of 300 mg/1          $.156/pound
   
   Rate applicable to Total Suspended Solids (TSS)
      Concentration in excess of 350 mg/1          $.138/pound
SCHEDULE III
APPLICABILITY
Applicable in entire territory served
AVAILABILITY OF SERVICE
Available for wastewater and leachate haulers
RATES
Metered Haulers - Each hauler delivering through metered means shall be charged $25.00 per thousand gallons.
Non-Metered Haulers - Commodity Charge: Each hauler shall pay a commodity charge of $40.00 per 1,000 gallons per load. Load will be the actual capacity of the truck or other transport method delivering wastewater and leachate. Actual capacity shall be determined or verified solely by the Sanitary Board.
RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility or $50.00, whichever is greater, will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
DELAYED PAYMENT PENALTY
On all current usage billings not paid in full by the latest pay date, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
A service charge will be imposed on EFT, Credit Card, Drop Box or any other non-cash payments. The amount shall be equal to the actual charges to the utility for processing payment.
INDUSTRIAL SURCHARGE RATES
   Rate applicable to Biological Oxygen Demand (BOD)
      Concentration in excess of 300 mg/1          $.156/pound
   Rate applicable to Total Suspended Solids (TSS)
      Concentration in excess of 350 mg/1          $.138/pound
SCHEDULE IV
SURCHARGE FORMULA TO BE APPLIED IN CASE WHERE SURFACE DRAINAGE
IS CONNECTED TO THE TOWN'S SANITARY SEWER SYSTEM
APPLICABILITY
Wherever the Village has discovered that a customer's roof drain, down spout, storm sewer or other similar facilities conducting surface water have been connected to the Village's sewer system, and such customer has failed to take appropriate action within thirty (30) days of receipt of a demand by the Sanitary Board, in accordance with the rules and regulations of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula:
S = A x R x .006233 x C
S -       the surcharge in dollars
A -       the area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet
R -      the measured monthly rainfall in inches
.006233 -    the conversion factor to change inches of rain x square feet of surface to thousand gallons of water
C -      The Town's approved rate per thousand gallons of metered water usage
The Village shall not impose the surcharge unless, and until, the customer has been notified by certified mail, return receipt request, or by hand delivery, that it has been established by smoke testing, due testing, or on-site inspection that rain or other surface water is being introduced into the sanitary sewer system at the customer's location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.
Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give ruse to the possible termination of water service in accordance with the rules and regulations of the Public Service Commission of West Virginia.
SCHEDULE V
SURCHARGE FORMULA TO BE APPLISED IN THE CASES OF USERS
PRODUCING UNUSUAL WASTE
The charge for the treatment of industrial waste will be calculated on the basis of the following formula:
Ci = VoVi +BoBi + SoSi
Ci =    charge to unusual users per year
Vo =      average unit cost of transport and treatment chargeable to volume, in dollars per gallon
Vi =    volume of wastewater from unusual users in gallons per year
Bo =    average unit cost of treatment, chargeable to Biochemical Oxygen Demand (BOD) in dollars per pound
Bi =       weight of BOD from unusual users in pounds per year
So =    average unit cost of treatment (including sludge treatment) chargeable to total solids in dollars per pound
Si =       weight of total solids from unusual users in pounds per year
When an unusual user is to be served, a preliminary study of its wastes, and the cost of transport and treatment thereof, will be made. Waste containing materials which, in the judgment of the Village, should not be introduced into the sewer system need not be handled by it. The results of this preliminary study will be used to determine the feasibility of the proposed sewer service and the charge therefore, based upon the formula set out above.
Thereafter, unusual sewage will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the Village records, new cost figures will be calculated for use in the above formula. The cost of establishing the monitoring facilities shall be paid by the unusual user. Based on these audited figures, additional billing covering the past fiscal year will be made for payment by each unusual user, or refund given by the Village, as the case may be. Such audited figures will then be used for preliminary billing for the next fiscal year, at the end of which an adjustment will be made as aforesaid.
SCHEDULE VI
APPLICABLE INSIDE AND OUTSIDE THE CORPORATE LIMITS
OF THE VILLAGE OF BARBOURSVILLE
Where the amount of sanitary sewage discharged into the Village waste treatment system by certain industrial plant or plants cannot be accurately determined by the use of the plant's water meter or meters, and the said plant cannot install a flow meter to measure such waste, a special formula will be used whereby such plant or plants will pay to the Village sewer charge calculated at fifty (50) gallons of water per each employee at the plant each working day.
   (f)   PHASE II
[Effective for all bills rendered on or after July 1, 2020]
SCHEDULE I
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RATES
First      2,000 gallons of water used per month   $ 8.25 per 1 ,000 gallons
All Over   2,000 gallons of water used per month   $ 8.57 per 1,000 gallons
FLAT RATE CHARGE (non-metered water supply)
Equivalent of 5,000 gallons of water usage          $ 42.21 per month
MINIMUM CHARGE
No bill will be rendered for less than $16.50 per month which is the equivalent of 2,000 gallons of usage.
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DISCONNECT/RECONNECT /ADMINISTRATIVE FEES
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
TAP FEE
Remains the same as set forth in Phase I above.
LEAK ADJUSTMENT
Remains the same as set forth in Phase I above.
SECURITY DEPOSIT
Remains the same as set forth in Phase I above.
INDUSTRIAL SURCHARGE RATES
Remains the same as set forth in Phase I above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE II
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RESALE RATES
   Based on flow of sewage from flow meter reading      $5.00 per 1,000 gallons
   Based on water usage               $8.57 per 1,000 gallons
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
SECURITY DEPOSIT
Remains the same as set forth in Phase I above.
EFT, CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
INDUSTRIAL SURCHARGE RATES
Remains the same as set forth in Phase I above.
SCHEDULE III
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RATES
Remains the same as set forth in Phase I above.
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE IV
Schedule IV as set forth above shall remain unchanged.
SCHEDULE V
Schedule V as set forth above remains unchanged.
SCHEDULE VI
Schedule VII as set forth above remains unchanged.
   (g)   PHASE III
[Effective for all bills rendered on or after June 1, 2021]
SCHEDULE I
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RATES
All water used per month             $ 10.00 per 1,000 gallons
FLAT RATE CHARGE (non-metered water supply)
Equivalent of 5,000 gallons of water usage      $50.00 per month
MINIMUM CHARGE
No bill will be rendered for less than $20.00 per month which is the equivalent of 2,000 gallons of usage.
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DISCONNECT/RECONNECT /ADMINISTRATIVE FEES
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
TAP FEE
Remains the same as set forth in Phase I above.
LEAK ADJUSTMENT
Remains the same as set forth in Phase I above.
SECURITY DEPOSIT
Remains the same as set forth in Phase I above.
INDUSTRIAL SURCHARGE RATES
Remains the same as set forth in Phase I above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE II
APPLICABILITY
Same as above
AVAILABILITY OF SERVICE
Same as above
RESALE RATES
Same as above
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
SECURITY DEPOSIT
Remains the same as set forth in Phase I above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE III
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RATES
Remains the same as set forth in Phase I above.
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE IV
Schedule IV as set forth above shall remain unchanged.
SCHEDULE V
Schedule V as set forth above shall remain unchanged.
SCHEDULE VI
Schedule VI as set forth above shall remain unchanged.
   (h)   PHASE IV
[Effective for all bills rendered on or after May 1, 2022]
SCHEDULE I
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RATES
All Over $ 12.00 per 1,000 gallons
FLAT RATE CHARGE (non-metered water supply)
Equivalent of 5,000 gallons of water usage         $ 60.00 per month
MINIMUM CHARGE
No bill will be rendered for less than $24.00 per month which is the equivalent of 2,000 gallons of usage.
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DISCONNECT/RECONNECT /ADMINISTRATIVE FEES
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
TAP FEE
Remains the same as setforth in Phase I above.
LEAK ADJUSTMENT
Remains the same as set forth in Phase I above.
SECURITY DEPOSIT
Remains the same as set forth in Phase I above.
INDUSTRIAL SURCHARGE RATES
Remains the same as set forth in Phase I above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE II
APPLICABILITY
Same as above.
AVAILABILITY OF SERVICE
Same as above.
RESALE RATES
Same as above.
RETURNED CHECK CHARGE
Same as above.
DELAYED PAYMENT PENALTY
Same as above.
SECURITY DEPOSIT
Same as above.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
Same as above.
SCHEDULE III
APPLICABILITY
Remains the same as set forth in Phase I above.
AVAILABILITY OF SERVICE
Remains the same as set forth in Phase I above.
RATES
Remains the same as set forth in Phase I above.
RETURNED CHECK CHARGE
Remains the same as set forth in Phase I above.
DELAYED PAYMENT PENALTY
Remains the same as set forth in Phase I above.
EFT. CREDJT CARD AND DROP BOX PAYMENTS
Remains the same as set forth in Phase I above.
SCHEDULE IV
Schedule IV as set forth above shall remain unchanged.
SCHEDULE V
Schedule V as set forth above shall remain unchanged.
SCHEDULE VI
Schedule VI as set forth above shall remain unchanged.
   (i)   Effective Date. The rates, fees and charges as set forth above shall become effective for all bills rendered as follows:
      Phase I         Effective 45 days after final passage
      Phase II         Effective July 1, 2020
      Phase Ill         Effective June 1, 2021
      Phase IV         Effective May 1, 2022
   
   (j)   Separability; Repeal of Conflicting Ordinances. The provisions of this section are separable, and if any clause, provision or section hereof be held void or unenforceable by any court of competent jurisdiction, such holding shall not affect the remainder of this section. Upon the effective date of the charges herein set forth, all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this section are, to the extent that the provisions of this section do not touch upon the provisions of prior ordinances, resolutions, orders or parts thereof, the same shall remain in full force and effect.
(Ord. 2019-06. Passed 1-7-20.)
CODIFIED ORDINANCES OF BARBOURSVILLE