921.03 SEWER USE FEES and CHARGES.
   (a)   Purpose. The purpose of this section is to provide for the recovery of costs from Users of the POTW system. The applicable charges or fees may be set forth in a Schedule of Charges and Fees as determined appropriate by the Board.
   (b)   Rates.   
      (1)   Sewer user charges or rates shall be imposed and collected in the manner which has been previously ordained or hereafter established by the Governing Body and approved by the Public Service Commission of West Virginia if required by law.
      (2)   Every Owner of an 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.
      (3)   Septic Tank Waste Haulers: Fees and charges for treatment of normal septic tank wastes shall be based on the costs of providing such services and on the expected overall average characteristics of such discharges. Charges may be billed at monthly intervals or at the discretion of the Manager, and shall be considered delinquent if not paid within twenty (20) days of billing date. Delinquency in payment may be basis for revocation of permit
      (4)   Surcharge for High Strength Users: Users discharging any water or wastes with:
         A.   A 30 day average BOD in excess of 300 milligrams per liter; or
         B.   A 30 day average Suspended Solids content in excess of 300 milligrams per liter; or
         C.   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 = (BC [B] + SC[S] + PC[P]) *VU where: B = BOD, S = SOLID, P = POLLUTANT and
[B], [S], [P] = Concentration of respective pollutant entity above permitted limiting level(s);
BC , SC, PC = O&M cost for treatment of the pollutant entity;
VU = Volume contribution of the user per unit of time.
      (5)   The Utility Board shall review user charges annually and the City Council shall revise them periodically to reflect actual treatment works operation and maintenance costs.
   (c)   Billing Procedure. All rates or charges provided for by this article shall be billed and collected monthly by the Board or by persons or agencies authorized by the Board. All bills shall be considered due and payable upon the date rendered.
   (d)   Liens and Penalties for Nonpayment.
      (1)   Sewer user charges or related charges imposed by article shall be a lien on the improved property connected to and served by the sewer system.
      (2)   Any such sewer user charges or other charges which are delinquent shall be filed as a lien and collected in the manner previously ordained or hereafter established by the Governing Body. Such liens shall be of equal dignity, rank, and priority and with a lien on such premises for state, county, school, and municipal taxes.
      (3)   The Board may request that the water service to any improved property be shut off for nonpayment of sewer user charges in the manner previously ordained or hereafter established by the Governing Body, provided such action is not in violation of any rules of the West Virginia Public Service Commission or the West Virginia Department of Environmental Health Services.
         (Ord. 1394. Passed 6-14-11.)