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921.07 PRIVATE SEWAGE DISPOSAL.
   (a)    Where a sanitary sewer is not available under the provisions of Section 921.03, the customer service line shall be connected to a private sewage disposal system complying with the provisions of this section.
 
   (b)    Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Manager. The application for such permit shall be made on a form furnished by the Board, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Manager. A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the Board at the time the application is filed.
 
   (c)    A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Manager. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Manager when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight hours of the receipt of notice by the Manager.
   (d)    The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the West Virginia Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or sewage from other private sewage disposal system shall be permitted to discharge to any sewer or natural outlet.
   (e)    At any time as a sanitary sewer becomes available to a property served by a private sewage disposal system, as provided in Section 921.03, a direct connection shall be made to the sanitary sewer in compliance with this article and any septic tanks or other private sewage disposal facilities shall be abandoned and filled with suitable material.
   (f)    The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Board.
   (g)    No statement contained in this rule shall be construed to interfere with any additional requirements that may be imposed by the Health Officer having jurisdiction over private sewage disposal systems.
(Ord. 578. Passed 10-5-82.)
921.08 SEWER USER CHARGES.
   (a)    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, which 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, and shall be payable as provided herein.
   (b)    The Manager 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 Board with, and thereafter shall keep the Board 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. 578. Passed 10-5-82.)
921.09 DEPOSITS FROM CUSTOMERS.
   (a)    The Board shall require the applicant or customer to make a deposit initially as a guarantee of the payment for sewer services. Such deposit shall be one-sixth of the annual estimated charges for service to secure the Board from loss. The Board shall not be bound to supply sewer service until these conditions are fulfilled, and it may terminate the service if the guarantee is not given when required. After the customer has paid bills for service for twelve consecutive months, the Board shall promptly and automatically refund the deposit plus accrued interest. Calculation of the twelve month period shall commence from the first regular payment or following the payment of past-due bill or bills. Simple interest of eight percent (8%) per annum will be paid at date of discontinuance of service or at the end of the above return period provided the deposits remain with the City for a period of six months or longer. The Board shall have a reasonable time to read and remove meters as necessary and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in any case where there has been an automatic refund.
   (b)    Concurrently with receiving a cash deposit, the Board shall deliver to the applicant or customer for service, a receipt showing:
      (1)    The date thereof;
      (2)    The name of the applicant or customer and the address of the premises to be served or being served;
      (3)    The service to be furnished or being furnished; and
      (4)    The amount of the deposit and the rate of interest to be paid thereon.
   The Board shall provide reasonable means to refund the deposit of a customer, when he is so entitled, if the original receipt cannot be produced A receipt or proof of payment will not be necessary under the provisions for an automatic refund.
   (c)    The Board shall keep a record showing:
      (1)    The name and current address of each depositor;
      (2)    The amount and day of the deposit;
      (3)    Each transaction concerning the deposit.
         (Ord. 578. Passed 10-5-82.)
921.10 LIENS AND PENALTIES FOR NONPAYMENT.
   (a)    Sewer user charges or related charges imposed by this article shall be a lien on the improved property connected to and served by the sewer system; and any such sewer user charges or other charges which are delinquent for a period of sixty days shall be fined as a lien against the improved property and premises so connected to and served by the sewer system, which lien shall be filed in the office of the clerk of the County Commission of Marion County, and shall be collected in the same manner now provided by law for the enforcement of tax liens on real property. Such lien shall be of equal dignity, rank and priority with a lien on such premises for State, County, school and municipal taxes.
   (b)    At the discretion of the Board, it may request that water service to any improved property be shut off for nonpayment of sewer user charges if the bill for sewer charges is delinquent for a period of fifty days and such owner shall have received twenty-four hour notice from the Board of the intention to shut off the water supply, provided such action is not in violation of any rules of the West Virginia Public Service Commission or Department of Health. In such event, water service shall not be restored until the owner of the improved property has paid all delinquent user charges to the Board, plus the then appropriate charge for the reinstallation of the water meter and the opening of the water service line.
(Ord. 578. Passed 10-5-82 )
921.11 ACCESS TO PROPERTIES.
   (a)    The Board and the Manager shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of maintenance, inspection, measurement, sampling and testing and for the performance of other functions relating to service rendered by the Board through the sewer system.
   (b)    Every employee of the Board whose duties require him to enter the premises of a customer will carry on his person identification as an employee or representative of the Board.
   (c)    The Manager and other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.
   (d)    The Manager or other duly authorized employees of the Board bearing proper identification shall be permitted to enter all private properties through which the Board holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within such easement. All entry and subsequent work shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 578. Passed 10-5-82.)
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