935.02 SCHEDULE OF SEWER RATES.
SCHEDULE I
RATES AND CHARGES
APPLICABILITY
   Applicants to entire territory served.
AVAILABITY OF SERVICE
   Available for residential, commercial, industrial (except for unusual industrial waste), public authority and sale for resale sewer service.   
RATES
   First 2,000 gallons per month at $16.67 per 1,000 gallons
   Next 5,000 gallons per month at $12.53 per 1,000 gallons
   Next 25,000 gallons per month at $11.50 per 1,000 gallons
   Next 70,000 gallons per month at $10.39 per 1,000 gallons
   Next 75,000 gallons per month at $9.82 per 1,000 gallons
   Next 77,000 gallons per month at $9.82 per 1,000 gallons
MINIMUM CHARGE
   Each customer shall pay a minimum charge of   $33.34 per month
   (Equivalent to 4,500 gallons of water usage)
FLAT RATE CHARGE (Customers with non-metered water supply)
   Each customer shall pay a minimum charge of    $64.67 per month
   (Equivalent to 4,500 gallons of water usage)
DELAYED PAYMENT PENALTY
   The above schedule is net. On all current usage billings 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.
SEWER SERVICE CONNECTION CHARGE      $300.00
   The following charges are to be made whenever the utility installs a new tap to serve an applicant.
   A tap fee of $100.00 will be charged to all customers applying for service before construction is completed adjacent to the customer’s premises in connection with a certificate proceeding before the Commission. This pre-construction tap fee will be invalid after completion of construction adjacent to an applicant’s premises that is associated with a certificate proceeding.
   A tap fee of the greater of $300.00 or actual cost of the connection (solely determined by the Utility), will be charged to customers applying for service outside a certificate proceeding before the Commission for each new tap to the system.
RETURNED CHECK CHARGE
   A service charge, the lesser of $25.00 or equal to that charged the Utility by the bank, will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
WATER DISCONNECT/RECONNECT FEES/ADMINISTRATIVE FEES
   Water service will not be restored until all past due sewer bills have been paid in full and all accrued penalties plus a disconnection charge of $25.00 have been paid.
   There shall be a $25.00 reconnection charge paid prior to restoration of water service which has been previously disconnected for any reason.
   In the event that Utility staff or agents collect money at the customer’s residence in order to stop disconnection, an administrative fee of $25.00 shall be paid in addition to other charges to prevent disconnection.
INCREMENTAL COSTS            $7.00 per 1,000 gallons
   An amount not to exceed $7.00 per 1,000 gallons is to be used when a bill reflects unusual consumption which can be attributed to eligible leakage on the customer’s side of the meter. This rate shall be applied to all such consumption above the customer’s historical usage. The Utility shall establish a nondiscriminatory policy regarding this provision for leak adjustments.
TAP INSPECTION FEE
   The tap inspection fee shall be fifty dollars ($50.00).
SECURITY DEPOSIT
   As of the date of passage, the applicable provision of WV Code 16-13-16e:
   "The governing body may collect from all new applicants for service a deposit of $50.00 or two twelfths of the average annual usage of the applicant's specific customer class, whichever is greater, to secure the payment of service rates, fees and charges in the event they become delinquent as provided in this section. 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 by the governing body until another deposit equal to $50.00 or a sum equal to two twelfths of the average usage for the applicant's specific customer class, whichever is greater, is remitted to the governing body. After twelve months of prompt payment history, the governing body shall return the deposit to the customer or credit the customer's account with interest at a rate as the Public Service Commission may prescribe: Provided, That where the customer is a tenant, the governing body is not required to return the deposit until the time the tenant discontinues service with the governing body. Whenever any rates, fees, rentals or charges for services or facilities furnished remain unpaid for a period of twenty days after they become due, the user of the services and facilities provided is delinquent. The user is liable until all rates, fees and charges are fully paid. The governing body may, under reasonable rules promulgated by the Public Service Commission, shut-off and discontinue water services to a delinquent user of sewer facilities ten days after the' sewer services become delinquent regardless of whether the governing body utilizes the security deposit to satisfy any delinquent payments:
   Provided however, That nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the governing body to accept payment at the customer's premises in lieu of discontinuing service for a delinquent bill."
   As of the date of passage, the applicable provision of the PSC Sewer Rules, Rule 4.2.a.l :
   " ... for a municipal sewer system only, the deposit shall not be more than either fifty dollars ($50.00) or two-twelfths (2/12) of the average annual usage of the applicant's specific customer class, whichever is greater .... "
   This tariff in accordance with the above-cited statutory language and PSC rule produces a security deposit of $116.80 (based on average residential usage of 4,000 gpm x 2 months) for residential customers. All other classes of customers will have their required deposit calculated in accordance with the above language in regards to average usage.
SCHEDULE II
SURCHARGE FORMULA TO BE APPLIED WHERE SURFACE DRAINAGE IS
CONNECTED TO THE UTILITY’S SANITARY SEWER SYSTEM
   Where the Utility has discovered that a customer’s roof drain, down spouts, storm sewer or other similar facilities conducting surface water have been connected to the Utility’s sewer system, and such customer has failed to take appropriate action within thirty (30) days of receipt of a demand by the Utility 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 .0006233 x C
   S -    The surcharge in dollars
   A -   The area under roof and/or area of any other water collection surface connected to the sanitary system, in square feet.
   R -   The measured monthly rainfall, in inches.
.0006233 -   A conversion factor to change inches of rain x square feet of a surface to thousands of gallons of water.
   C -   The Utility’s approved rate per thousand gallons of metered water usage.
   The Utility shall not impose the surcharge unless and until the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke 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 the 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 rise to possible termination of service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia.
SCHEDULE III
SURCHARGE FORMULA TO BE APPLIED IN THE CASE OF
USERS PRODUCING UNUSUAL WASTE
   The charge for the treatment of unusual 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 waste from unusual users, in gallons per year.
   Bo =   Average unit cost of treatment, chargeable to Biochemical Oxygen Demand (BOD) in dollars per year.
   Bi =    Weight of BOD from unusual users in pounds per year.
   So =    Average unit costs 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 at the owner’s expense. Waste containing material which, in the judgment of the Utility, 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 service and the charge thereof, based upon the formula set out above.
   Thereafter, unusual sewage service will be monitored on a regular basis and the conclusion of each fiscal year, based on the investigation aforesaid and the audit of the Utility records, new cost figures will be calculated for use in the above formula. The cost of establishing the monitoring facilities shall be paid for by the unusual user. Based on these audited figures, additional billings covering the past fiscal year will be made for payment by each unusual user, or refund given by the Utility, as the case may be. Such audited figures will then be used for the preliminary billing for the next year, at the end of which an adjustment will be made aforesaid.
   
SCHEDULE IV
APPLICABLE INSIDE AND OUTSIDE OF THE LIMITS OF THE UTILITY
   Where the amount of sanitary sewage discharged into the Utility’s wastewater collection and/or treatment system by certain industrial plant or plants cannot be accurately determined by the use of the plant’s water meter or meters, and 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 Utiltiy a sewer charge calculated at fifty (50) gallons of water per each employee at the plant each working day.
SCHEDULE V
APPLICABILITY   
   Applicable within the entire territory served.
AVAILABILITY
   Available for wastewater and leachate haulers.
RATES
   Commodity Charge - Each customer 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 Utility.
DELAYED PAYMENT PENALTY
   The above schedule is net. On all current usage billings 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.
RETURNED CHECK CHARGE            $50.00
   A service charge of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
(Passed 6-13-22.)
   925.03 SEPARABILITY; REPEAL OF CONFLICTING ORDINANCES.
   The provisions of this article 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 article. Upon the effective date hereof, all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this article are, to the extent of such conflicts, hereby repealed; and to the extent that the provisions of this article do not touch upon the provisions of prior ordinances, resolutions, orders or parts thereof, the same shall remain in full force and effect.
(Passed 5-8-06.)