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(A) Where a public sanitary or combined sewer is not accessible, the building sewer shall be connected to a private sewage disposal system complying with all applicable rules and regulations of the state and county Boards of Health.
(B) At such time as a public sanitary or combined sewer becomes accessible to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tank, cesspool and similar private sewage disposal facilities shall be abandoned and the location thereof shall be put in a safe and sanitary condition.
(C) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Prior Code, § 915.11)
There is hereby levied and assessed against all owners, tenants or occupants of each and every lot or parcel of real estate or building having any active connection with the public sanitary sewage system or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly, into that system or any part thereof, a service charge, payable as hereinafter provided for and in the amount hereinafter provided for.
(Prior Code, § 915.12)
(A) The sanitary sewer rates and charges shall be based, insofar as possible, upon the quantity of water supplied each month to the respective premises as the same is measured by the West Virginia - American Water Company water meter or meters therein used.
(B) In the event a building or premises discharging sewage, water or other liquid wastes into the city sanitary sewage system uses water supplied on other than a metered basis from the West Virginia - American Water Company or from any other source of water supply, the owner or occupant may be required to cause a water meter or other measuring device to be installed, but, pending such installation, the sewer service rates and charges to such building or premises shall be at least equivalent to the average water bill based on the rates and charges as established in this chapter, in the previous year of similar buildings or premises with similar occupancy which are served by the West Virginia - American Water Company.
(Prior Code, § 915.13)
(A) Findings.
(1) The city owns and operates a certain wastewater collection and treatment system in and around the city.
(2) The Sanitary Board, acting on behalf of the Nitro Regional Waste Water Utility, has determined that a step one 11.5% rate increase in the existing rates is necessary and a second step increase of 7% over the step one increase effective one year after the implementation of the step one increase is also necessary.
(3) The Sanitary Board has requested the City Council to amend and reenact the city’s rate Ordinance by an Ordinance with a tariff containing incurred rates, tolls and charges for furnishing sanitary sewer service to 4,166 customers in the city and its environs in the Counties of Kanawha and Putnam in order to provide for such step one 11.5% increase and to further provide for such 7% increase over the step one increase, such second increase to be effective one year from the date of implementation of the step one increase.
(B) Step one and subsequent sewer rates.
(1) On and after the effective date of this chapter, the step one rates and charges for the use and services rendered by the sanitary sewer system of the city shall be as follows.
Service | Fee |
Service | Fee |
First 2,000 gallons used per month | $10.31 per 1,000 gallons |
Next 3,000 gallons used per month | $8.65 per 1,000 gallons |
Next 25,000 gallons used per month | $6.72 per 1,000 gallons |
All over 30,000 gallons used per month | $6.04 per 1,000 gallons |
Minimum rate | $20.63 based upon 2,000 gallons |
Average bill | 4,000 gallons $37.93 |
Residential flat rate | Each un-metered residential customer shall be charged a flat rate of $39.49 per month |
(2) On and after the end of the 12 months immediately succeeding the effective date of the step one rates approved in this section, the step two rates and charges for the use of and services rendered by the Nitro Regional Wastewater Utility shall be as follows.
Service | Fee |
Service | Fee |
First 2,000 gallons used per month | $11.04 per 1,000 gallons |
Next 3,000 gallons used per month | $9.26 per 1,000 gallons |
Next 25,000 gallons used per month | $7.19 per 1,000 gallons |
All over 30,000 gallons used per month | $6.47 per 1,000 gallons |
Minimum rate | $22.07 based upon 2,000 gallons |
Average bill | 4,000 gallons $40.59 |
Residential flat rate | Each un-metered residential customer shall be charged a flat rate of $42.26 per month. |
(C) Other fees and charges.
(1) Deposits and connection fees. On and after the effective date of this section, all customers of the Nitro Regional Waste Water Utility, in addition to the foregoing volume based rates, will also be subject to the fees and charges provided below.
Service | Fee |
Security deposit | $70* |
Service connection inspection fee | $25 |
Service connection (tap) fee | $400 |
*A security deposit shall be collected from all new applicants for service to secure the payment of service rates, fees and charges in the event they become delinquent. 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 until another deposit is collected. After 12 months of prompt payment history, a customer’s deposit shall either be returned to the customer or credited to the customer’s account, in either case with interest at such rate as may be prescribed by the Public Service Commission; provided, that where the customer is a tenant, the deposit need not be returned until the customer discontinues service. | |
(2) Delayed payment penalty.
(a) The above schedule is net. For any bill not paid in full within 20 days, 10% will be added to the net amount thereof. This delayed payment penalty is not interest and is only to be collected once for each bill where appropriate.
Service | Fee |
Disconnect fee | $20 |
Reconnect fee | $20 |
(b) The above disconnect fee is applicable when the Nitro Regional Waste Water Utility requests that a customer’s water service be disconnected for non-payment of the sewer bill, whether or not such service is actually disconnected.
(c) The above reconnect fee is applicable when a customer’s water service is disconnected for non-payment of the sewer bill, and such service is thereafter reconnected.
(3) Interest. In the event any bill is not paid within 30 days, interest on the amount of such bill will be charged at the rate of 10% per annum.
(4) Return check charge. In the event any check, draft or order given in payment for a sanitary sewer bill is dishonored because of insufficient funds, a service charge of $25 shall be imposed.
(5) Surcharge for surface and stormwater runoff discharging into the city’s combined sewer system.
(a) The charge for roof drains, downspouts, storm sewers, catch basins or similar facilities discharging surface and stormwater runoff or other precipitation into the combined sewer system of the city will be calculated on a basis of the following formula and will not be cumulative upon any metered rate for sewer service charges.
S = A x P x .6233 x C
1. S - The surcharge in dollars.
2. A - The average area under roof and the area of such other water/precipitation collecting surfaces connected to the combined sewer system (“water collecting area”) in square feet.
3. P - The measured monthly precipitation in inches (as measured by the National Weather Service or other best available source of precipitation data).
4. .6233 - A conversion factor to convert A x P to thousand gallons.
5. C - The applicable rate per thousand gallons of metered water usage.
(b) The surcharge shall not apply to:
1. Any owner, tenant or occupant of each and every dwelling, structure or other improvement to property, the construction of which is substantially completed on or before the effective date of the ordinance first enacting this exemption to the surcharge (“existing structures/ improvements”); and
2. Any owner, tenant or occupant of each and every dwelling, structure or other improvement to property (other than replacement structures/improvements), the construction of which is substantially completed after the effective date of the ordinance first enacting this exemption to the surcharge (“new structures/improvements”) and for which the water collecting area is 1,200 square feet or less.
3. Any owner, tenant or occupant of each and every dwelling, structure or other improvement to property:
a. The construction of which is substantially completed after the effective date of the ordinance first enacting this exemption to the surcharge;
b. That was constructed to replace any existing structures/improvements that were moved off the property, torn down or otherwise destroyed (“replacement structures/improvements”); and
c. Which has a total water collecting area that is not more than 1,200 square feet greater than the water collecting area of the existing structures/improvements being replaced.
(c) Any owner, tenant or occupant of new structures/improvements with a water collecting area that exceeds 1,200 square feet, and any owner, tenant or occupant of replacement structures/improvements with a water collecting area that is more than 1,200 square feet greater than the water collecting area of the existing structures/improvements being replaced, shall be subject to the surcharge on only the square footage of the water collecting areas that exceeds the respective applicable square footage exemptions set forth in divisions (C)(5)(b)2. and (C)(5)(b)3. above.
(6) Application of rates and charges. Except as otherwise specifically provided herein, the above rates and charges shall be applicable for any owner, tenant, or occupant of each and every lot or parcel of land or building situated within or outside the corporate limits of the city and having any connection to the combined sewer system of the city.
(D) Industrial users. Any industrial customer served pursuant to a specific sewer service agreement shall be charged as provided in such agreement.
(E) Poca River service area.
(1) On and after June, 2001, being the date on which sanitary sewerage service was available to the residents of the Poca River Service Area, the rates and charges for the use of, and services rendered to, such customers by the sanitary sewer system of the Nitro Regional Waste Water Utility shall be equal to the regularly enacted rates and charges for all other users of the system, plus a surcharge in the amount of $13.69 per month.
(2) The above surcharge shall be applicable for any owner, tenant or occupant of each and every lot or parcel of land or building situated within Poca River Service Area and having any connection to the sanitary sewer system of the Nitro Regional Waste Water Utility.
(F) Discharge/hauler rates.
(1) On and after the effective date of this section, each hauler shall pay the charge as applicable below.
Non-Domestic/Pretreated Rates | |
0 through 2,000 gallons | $75 per load |
2,001 through 4,000 gallons | $150 per load |
4,001 through 6,000 gallons | $250 per load |
6,001 through 8,000 gallons | $350 per load |
All over 8,000 gallons | $600 per load |
Septic/Package Plant Rates
| |
0 through 2,000 gallons | $50 per load |
2,001 through 4,000 gallons | $100 per load |
4,001 through 6,000 gallons | $200 per load |
6,001 through 8,000 gallons | $300 per load |
All over 8,000 gallons | $500 per load |
(2) All haulers discharging non-domestic/pretreated/septic/package plant wastewater must go through a permit modification process before the city will accept batch discharges. A surcharge may apply when characteristics of the wastewater exceed allowable limits.
(Prior Code, § 915.14) (Ord. 12-11, passed 12-18-2012; Ord. 13-6, passed 11-19-2013)
There is hereby created a Sinking Fund to accumulate and hold all the proceeds to be derived from the sanitary sewer service charges levied and collected pursuant to this chapter, and such proceeds shall be remitted to and administered by the State Sinking Fund Commission as follows: proceeds shall be paid out on order of the Sanitary Board for such legal purposes as are incident to the acquisition, construction, enlargement, extension, replacement, improvement, operation, management, maintenance and repair of the sewage system of the city.
(Prior Code, § 915.16)
(A) Pursuant to the provisions of W. Va. Code 16-13-16, the rates and charges for the use of and service rendered by the municipal sewage system shall be paid by or on behalf of the owner of each and every lot, parcel of real estate or building connected with, served by or using such sewage system, and the amount of all such rates or charges, if not paid when due, shall be a lien upon the premises served by such system, and if the bill for such rates or charges is not paid within 30 days after due it shall be deemed delinquent and the amount thereof shall be recovered by the Sanitary Board in a civil action in the name of the city, together with a penalty of 10% and the lien procured in connection with any such action shall be foreclosed in due course against the lot, parcel of land or building charged with the amount due; provided, that if the water bills are in the name of a party other than the owner of the lot, parcel of real estate or building connected with, served by or using the municipal sewage system, and consequently, the bill for sewer service rates or charges shall be directed to such party, then in the event any such bill shall not be paid within the allotted time and shall become delinquent, the Sanitary Board shall mail such delinquent bill to the owner of such lot, parcel of real estate or building at the last known address of such owner, together with a notice that such owner is the party charged by law with the liability for the payment thereof, and if such bill is not paid within 30 days after such mailing, the amount thereof shall be recovered by the Sanitary Board together with the penalty aforesaid, as in the case of other delinquent bills and the lien procured in connection with any such action shall be foreclosed in due course against the lot, parcel of land or building charged with the amount due.
(B) In the event of failure to pay the sewer service charge or surcharge after they become delinquent, the Sanitary Board may be authorized to remove or close the sewer connection and shall have the right to enter upon the property of the user of the service for such purpose and to take such steps as may be necessary to accomplish such removal or closing, and the cost of such removal or closing, as well as the expense of restoring any such service shall likewise be a debt due the city, and may be recovered by the city by civil action in the name of the city, and such sewage service shall not again be turned on, nor the sewer connection restored until all service charges, including the expense of removal, closing and restoration shall have been paid.
(C) Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
(Prior Code, § 915.17)
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