921.16 SEWER SERVICE RATES.
   (a)    Establishment. For the payment of the proper and reasonable expense of operation, repair, replacement, improvements, additions, betterments, extensions, and maintenance of the sewer system and for the payment of the sums required to pay the principal and interest of all sewer revenue bonds as the same become due, there is hereby established a schedule of just and equitable rates or charges for the use of and services rendered by the sanitary sewer system and works of the Charles Town Utility Board, a West Virginia public utility and a municipal corporation of the City of Charles Town, West Virginia, which schedule of rates or charges, based upon the metered amount of water supplied the premises, where possible, but providing for a flat rate when no meter is available, shall be as follows.
   (b)    Rules and Regulations. Rules and Regulations for the government of sewerage utilities adopted by the Public Service Commission of West Virginia, and now in effect, and all amendments thereto and modifications thereof hereafter made by the Commission are hereby adopted by reference.
 
SCHEDULE I
APPLICABILITY
   Applicable within the entire territory formally served by the Charles Town Utility Board or the City of Ranson, including the municipalities of Charles Town and Ranson. Effective for service rendered on or after the date of enactment.
AVAILABILITY
   Available for general domestic, commercial and industrial service and sale for resale sewer service.
RATES (Customers with a metered water supply)
   First      2,000 gallons used per month    $14.79 per   1,000 gallons
   Next       8,000 gallons used per month    $10.64 per   1,000 gallons
   All over    10,000 gallons used per month   $9.67 per   1,000 gallons
 
MINIMUM CHARGE
   No bill shall be rendered for less than $29.58 per month, which is the equivalent of 2,000 gallons. Where sewer service is available by gravity flow and the customer has not connected to public sewer, the customer shall pay this minimum charge.
FLAT RATE CHARGE (Customers with non-metered water supply)
   Equivalent of 3,500 gallons of water usage, $45.54 per month.
MULTIPLE OCCUPANCY
   In apartment buildings, trailer parks, shopping centers or other multiple occupancy buildings or properties served by a master water meter, each discrete dwelling or business unit shall be required to pay not less than the minimum monthly charge provided herein.
DELAYED PAYMENT PENALTY
   The above scheduled is net. On all accounts not paid in full when due, 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.
TAP FEE
   A tap fee of $400.00 will be charged to customers applying for service outside of a sewerage system improvement project for each new tap to the system.
 
RETURNED CHECK CHARGE
   A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.
LEAK ADJUSTMENT
   In accordance with the approved CTUB Leak Adjustment Policy, as well as the Public Service Commission of West Virginia (the "PSC") Title 150 Legislative Rule Series 7 Rules for the Government of Water Utilities (the "Water Rules") and Series 5 Rules for the Government of Sewer (the "Sewer Rules"), CTUB will make a leak adjustment only when the water usage being adjusted is in excess of 200% of the customer's historical usage that can be attributed to leakage on the customer's side of the point of service. The leak adjustment will be computed pursuant to applicable rules of the Public Service Commission, the leak adjustment rate (incremental cost of water and/or wastewater) and the customer's historic usage.
SECURITY DEPOSIT
   Each new customer shall make a security deposit of $75.00 which shall be refunded per West Virginia regulation.
EXCESS POLLUTION SURCHARGE
   A surcharge to recover extraordinary costs is levied upon customer discharges placing extraordinary demand upon treatment facilities, as measured by waste stream parameters of biochemical oxygen demand (BOD) and/or suspended solids in the wastewater. Users discharging any water or wastes with a zero-day average BOD in excess of 300 milligrams per liter or a 30-day average suspended solids content in excess of 300 milligrams per liter or containing suspended solids with a character or quantity of pollutant requiring unusual attention or expense to handle or treat, shall pay, in addition to the base monthly sewer user charges, an additional surcharge (Cs) as determined by the following formula:
Cs = Be (B) + Sc (S) + Pc (P)Vu
   B = Concentration of B.O.D. from a user above a base level (300 mg/1)
   Be= 0 & M cost of treatment of unit of biochemical oxygen demand (B.O.D.)
   S = Concentration of suspended solids from a user above a base level (300mg/l)
   Sc = 0 & M costs for treatment of a unit of suspended solids
   Pc = 0 & M cost for treatment of a unit of any pollutant
   P = Concentration of any pollutant from a user above a base level
   Vu= Volume contribution from a user per unit of time.
 
SCHEDULE II
APPLICABILITY
   Applicable within the territory formerly served by Jefferson County Public Service District. Effective for service rendered on or after the date of enactment.
AVAILABILITY
   Available for general domestic, commercial, and industrial service.
 
RATES (customers with a metered water supply)
   First       2,000 gallons used per month    $15.36   per 1,000 gallons
   Next      8,000 gallons used per month    $14.29   per 1,000 gallons
   Over      10,000 gallons used per month   $13.98   per 1,000 gallons
 
MINIMUM CHARGE
   No bill will be rendered for less than $30.72 per month which is equivalent to 2,000 gallons per month. Where sewer service is available by gravity flow and the customer has not connected to public sewer, the customer shall pay this minimum charge.
FLAT RATE CHARGE (Customers with non-metered water supply)
   Equivalent of 3,500 gallons of water usage, $52.16 per month
MULTIPLE OCCUPANCY
   In apartment buildings, trailer parks, shopping centers or other multiple occupancy buildings or properties served by a master water meter, each discrete dwelling or business unit shall be required to pay not less than the minimum monthly charge provided herein.
DELAYED PAYMENT PENALTY
   The above schedule is net. On all accounts not paid in full when due, 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.
TAP FEE
   A tap fee of $400.00 will be charged to customers applying for service outside of a sewerage system improvement project for each new tap to the system.
RETURNED CHECK CHARGE
   A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.
 
LEAK ADJUSTMENT
   In accordance with the approved CTUB Leak Adjustment Policy, as well as the Public Service Commission of West Virginia (the "PSC") Title 150 Legislative Rule Series 7 Rules for the Government of Water Utilities (the "Water Rules") and Series 5 Rules for the Government of Sewer (the "Sewer Rules"), CTUB will make a leak adjustment only when the water usage being adjusted is in excess of 200% of the customer's historical usage that can be attributed to leakage on the customer's side of the point of service. The leak adjustment will be computed pursuant to applicable rules of the Public Service Commission, the leak adjustment rate (incremental cost of water and/or wastewater) and the customer's historic usage.
SECURITY DEPOSIT
   Each new customer shall make a security deposit of $75.00 which shall be refunded per West Virginia regulation.
EXCESS POLLUTION SURCHARGE
   A surcharge to recover extraordinary costs is levied upon customer discharges placing extraordinary demand upon treatment facilities, as measured by waste stream parameters of biochemical oxygen demand (BOD) and/or suspended solids in the wastewater. Users discharging any water or wastes with a zero-day average B.O.D. in excess of 300 milligrams per liter or a 30-day average suspended solids content in excess of 300 milligrams per liter or containing suspended solids with a character or quantity of pollutant requiring unusual attention or expense to handle or treat, shall pay, in addition to the base monthly sewer user charges, an additional surcharge (Cs) as determined by the following formula:
Cs = Be (B) + Sc (S) + Pc (P)Vu
   B = Concentration of B.O.D. from a user above a base level (300 mg/I)
   Be= 0 & M cost of treatment of unit of biochemical oxygen demand (B.O.D.)
   S = Concentration of suspended solids from a user above a base level (300mg/l)
   Sc = 0 & M costs for treatment of a unit of suspended solids
   Pc = 0 & M cost for treatment of a unit of any pollutant
   P = Concentration of any pollutant from a user above a base level
   Vu= Volume contribution from a user per unit of time.
 
SCHEDULE III CAPACITY IMPROVEMENT FEES
APPLICABILITY
   Applicable to the entire service area and due and payable for each customer connection adding new flows into the sewer collection system and treatment facility. Effective for service connections proposed on or after the date of enactment.
CAPACITY IMPROVEMENT FEE
   For all new service proposed to be connected to the Utility, there shall be paid to the Utility Board a Capacity Improvement Fee of $2,930 for each residential connection or non- residential connection adding new flows into the sewer collection system and treatment facility. The Capacity Improvement Fee will be paid at the time of building permit application and a receipt from CTUB will issued to the customer for the fees assessed. Connections shall be paid in accordance with the usage equivalent schedule set forth below.
ADDITIONAL CAPACITY IMPROVEMENT FEE - FLOWING SPRINGS PUMP STATION
   Pursuant to the Flowing Springs Pump Station Repayment Agreement, customers in the Flowing Springs Development District connecting to the Flowing Springs Pump Station shall be charged an additional Capacity Improvement Fee of $1,625.00 for each residential or non-residential connection. Connections for non-residential use shall be paid in accordance with a residential usage equivalent schedule set forth hereinafter.
USAGE EQUIVALENTS FOR MULTIPLE RESIDENTIAL OR NON-RESIDENTIAL CAPACITY IMPACT FEES
   Capacity impact fees for multi-residential and non-residential structures adding new flows to the sewer collection system and treatment facility shall be based upon the following:
UNIT
WATER
GALLONS/DAY
RESIDENTIAL
USAGE
EQUIVALENT
Apartments
150/unit
1.0/unit
Bowling Alleys
200/alley
1.33/alley
Churches with kitchen
8/member
0.05/member
Churches w/o kitchen
2/member
0.013/member
Food Service
32/seat
0.213/seat
Fast Food Restaurant
35/seat
0.23/seat
Bar & Cocktail Lounge (additive)
2/patron
0.013/patron
Tavern - little or no food
20/seat
0.132/per seat
Hotel
120/room
0.8/per room
Industry, sanitary
15/person/shift
0.1/person per shift
Institutions:
Hospital
25/bed
1.67/bed
Nursing Homes
150/bed
1.0/bed
Others
75/person
0.5/person
Office Buildings
15/person
0.1/person
Laundry Self Service
250/washer
1.67/washer
Motels
120/room
0.8/room
Retail Stores
400/toilet room
2.67/toilet room
Residence
150/residence
1.0/residence
School:
Day, no cafeteria/showers
15/pupil
0.1/pupil
Day with cafeteria
18/pupil
0.12/pupil
Day, with cafeteria/showers
20/pupil
0.133/pupil
Boarding
75/pupil
0.5/pupil
Service Station
500/set of pumps
3.33/set of pumps
Shopping Centers
16/100 ft. of sales area
0.12/100 ft. of sales area
Swimming Pools
10/swimmer design capacity
0.067/swimmer design capacity
Capacity Theaters
3/seat
0.02/seat
Warehouse
15/employee
0.1/employee
   If a unit does not appear on this schedule the sewer department shall determine its Residential Usage Equivalent in consultation with its consulting engineer.
 
EFFECTIVE DATE
   The rates, charges and penalties provided herein shall become effective immediately after enactment.
SEPARABILITY: REPEAL OF CONFLICTING ORDINANCES
   The provisions of this Ordinance are separable, and if any clause, provision or section hereof shall be held void or unenforceable by the West Virginia Public Service Commission or any court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance. Upon the effective date hereof, all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflicts, hereby repealed, and to the extent that the provisions of this Ordinance do not touch upon the provisions of prior ordinances, (Ord. 2022-003. Passed 4-4-22.)