NOTICE OF PUBLIC HEARING ON
CITY OF BECKLEY SEWER RATE ORDINANCE
A public hearing will be held on April 26, 2022, at 6:30 p.m. on the following ordinance. Any person interested may appear before the City Council of the City of Beckley (the “City”) at the City Hall, Council Chambers, 409 S. Kanawha Street, Beckley, West Virginia, and present any comment or protest thereto. Following such public hearing, City Council shall take such action as it shall deem proper. The proposed sewer rate ordinance may be inspected by the public at the Office of the Recorder in the City Hall, 409 S. Kanawha Street, Beckley, West Virginia during regular office hours.
CITY OF BECKLEY
AN ORDINANCE SETTING FORTH THE RATES, FEES AND CHARGES FOR
SERVICE TO CUSTOMERS OF THE SEWERAGE SYSTEM OF THE CITY OF BECKLEY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BECKLEY: The following rules, rates and charges are hereby fixed, determined and established for municipal sewerage services provided to all general domestic, commercial, and industrial customers of the City of Beckley’s Municipal Sewage Treatment Plant and Collection System, commencing upon the effective date as hereinafter provided, and in accordance with the following Rates and Schedules:
RULES AND REGULATIONS
I. Rules and Regulations for the Government of Sewer Utilities, adopted by the Public Service Commission of West Virginia, and now in effect, and all amendments thereto and modifications thereof hereafter made by said Commission.
SECTION 1 – TARIFF
SCHEDULE 1
APPLICABILITY
Applicable within entire territory served.
AVAILABILITY
Available for general domestic, commercial and industrial sewer service (except unusual waste).
RATES
First 2,000 gallons used per month $15.06 per 1,000 gallons
Next 3,000 gallons used per month $14.13 per 1,000 gallons
Next 20,000 gallons used per month $12.92 per 1,000 gallons
All Over 25,000 gallons used per month $11.60per 1,000 gallons
MINIMUM CHARGE (Metered Service)
No bill will be rendered for less than $30.12 per month.
FLAT RATE (Unmetered Service)
A flat fee of $65.45 based on 4,500 gallons of water usage per month will be charged for all unmetered customers.
MULTIPLE OCCUPANCY
In apartment buildings, shopping centers, mobile homes, mobile home courts, or other multiple occupancy situations, each unit shall be required to pay not less than the minimum monthly charge provided above.
SEWER CONNECTION CHARGES
The sewer connection fee will be five hundred dollars ($500) or the actual cost of the connection if higher than five hundred dollars ($500). Such actual cost will include payroll, materials, and machine time.
CLASSIFICATION OF USERS
All users are to be classified by the Sanitary Board or its duly authorized representative either by assigning each one to the “user classification” category according to the principal activity conducted on the user’s premises, by individual user analysis, or by a combination thereof. The three (3) user classifications shall be:
(1) For residential service;
(2) For commercial service; and
(3) For service to establishments producing industrial wastes.
The purpose of such collective and/or individual classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristic to provide an effective means of source control, and to establish a system of charges and fees which will insure equitable recover of the utility’s cost.
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 amount is not interest and is to be collected only once for each bill where it is appropriate.
EFT, CREDIT CARD OR DROP BOX PAYMENTS
A service charge will be imposed on EFT, Credit Card or Drop Box payments. The amount shall be equal to the actual charges to the utility from the financial institution for processing payment.
PAPERLESS BILLING
The utility may offer paperless billing options and customers who elect to participate in such programs will receive bills by the method they select and such bills will have the same effect as if mailed under the Public Service Commission’s Rules for the Government of Sewer Utilities. The utility may send bills without a return envelope to customers enrolled in any automatic payment system offered by the utility.
METER LOCK DAMAGE FEE
When the utility installs a water meter lock and the customer damages or removes the water meter lock, the customer shall pay a fee of $40.00 before water service is restored.
RATES OUTSIDE OF THE CITY OF BECKLEY
The rates set forth herein shall apply to all users of the municipal sewer system within the City of Beckley, and the rates or charges for all users of the sewer system located outside the City of Beckley whose premises are connected with the interceptor lines of the system, or otherwise, shall be the same as the rates provided herein, unless otherwise provided.
SCHEDULE OF CHARGES FOR TREATMENT OF RESIDENTIAL SEPTAGE, SLUDGE AND LEACHATE
There is established a rate of seven cents ($0.07) per gallon of residential septage, sludge, or leachate discharged into the utility’s sewer system.
RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of twenty-five dollars ($25) will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.
RECONNECTION CHARGE
A twenty-five dollar ($25) reconnection fee shall be assessed against each customer for each instance of disconnection of water service for delinquent sewer charges. Water service shall not be restored until all amounts in arrears, including penalties, have been paid.
LEAK ADJUSTMENT
An incremental charge of $1.03 per 1,000 gallons shall be charged for usage if the leak is eligible under the (i) Public Service Commission’s rules for leaks on the customer’s side of the meter, and (ii) utility’s leak adjustment policy.
SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, or fifty dollars ($50.00), whichever is greater. This fee may be changed by applicable statutory provisions.
SCHEDULE 2
SURCHARGE FORMULA TO BE APPLIED TO A CUSTOMER PRODUCING UNUSUAL WASTE
The charge for the treatment of unusual waste will be calculated on the basis of the following formula:
Ci = BoBi + SoSi + NoNi
Ci = Charge to unusual users per year.
Bo = Average unit cost of treatment, chargeable to Biochemical Oxygen Demand (“BOD”) in dollars per pound.
Bi = Weight of BOD from unusual users in pounds per year.
So = Average unit cost 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.
No = Average unit cost of treatment chargeable to Nitrogenous Oxygen Demand (“NOD”) in dollars per pound.
Ni = Weight of NOD 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. Waste containing materials 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 sewer service and the charge therefore, based upon the formula set out above.
Unusual sewage will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the utility’s records, new cost figures will be calculated for use in the above formula. The cost of establishing the monitoring facilities shall be paid 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 fiscal year, at the end of which an adjustment will be made as aforesaid.
SCHEDULE 3
SURCHARGE FORMULA TO BE APPLIED FOR PERMITTEES OF THE INDUSTRIAL PRETREATMENT PROGRAM FOR EXCESSIVE CONVENTIAL POLLUTANTS
The following surcharges shall apply for permittees of the Industrial Pretreatment Program for excessive conventional pollutants:
1. BOD, COD, TSS, and Ammonia:
S.C. = Surcharge in dollars for excess BOD or COD, TSS and Ammonia for the billing period.
S.C.(BOD+TSS+NH3) = V[W(BOD-SCCBOD) + Y(TSS-SCCTSS) + Z(NH3-SCCNH3)]
S.C.(COD+TSS+NH3) = V[X(COD-SCCCOD) + Y(TSS-SCCTSS) + Z(NH3-SCCNH3)]
V = Volume in million gallons (MG) for a specific user billing period.
W = Cost to treat BOD per part per million gallons.
X = Cost to treat COD per part per million gallons.
Y = Cost to treat TSS per part per million gallons.
Z = Cost to treat NH3 per part per million gallons.
SCCBOD = The surcharge threshold concentration for BOD (parts per million) (by weight)
SCCCOD = The surcharge threshold concentration for COD (parts per million) (by weight)
SCCTSS = The surcharge threshold concentration for TSS (parts per million) (by weight)
SCCNH3 = The surcharge threshold concentration for Ammonia (parts per million) (by weight)
BOD = Biological oxygen demand at five (5) days at 20oC as determined by wastewater treatment plant laboratory analysis or user data (parts per million) (by weight).
COD = Chemical oxygen demand as determined by wastewater treatment plant laboratory analysis or user data (parts per million) (by weight).
TSS = Total suspended solids determined by wastewater treatment plant laboratory analysis or user data (parts per million) (by weight).
NH3 = Ammonia as determined by wastewater treatment plant laboratory analysis or user data (parts per million) (by weight).
2. Oils and Grease: The permittee shall pay for the cost of disposal for oil and grease discharges over permitted limits.
3. pH: The permittee shall pay for the cost of restoring the Wastewater Treatment Plant and facilities to normal operations.
4. The permittee shall be responsible for any other special surcharges that may be described in the permit.
SCHEDULE 4
SURCHARGE FORMULA TO BE APPLIED IN CASES WHERE SURFACE DRAINAGE IS CONNECTED TO THE UTILITY’S SANITARY SEWER SYSTEM
APPLICABILITY
Whenever the utility has discovered that a customer’s roof drain, downspouts, storm sewer, or other similar facilities conducting surface water has 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 the area of any other water collection surface connected to the sanitary sewer, in square feet.
R = The measured monthly rainfall, in inches.
.0006233 = A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water.
C = The City’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, dye 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 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 the possible termination of water service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia.
SCHEDULE 5
AVAILABILITY
Available for individual contract customers to dispose of high strength organic waste material by hauler at the utility’s wastewater treatment plant through a high strength waste codigestion program. This service is available subject to available capacity at the utility’s wastewater treatment plant, and without restricting or otherwise jeopardizing adequate sewerage service to the utility’s other customers. Individual contracts shall describe the terms and conditions under which the utility will provide the high strength organic waste drop-off service.
RATES
The utility shall negotiate rates for acceptance of high strength organic waste based upon the waste’s characteristics and the agreed level of service associated with the disposal of organic waste materials by hauler at the utility’s wastewater treatment plant.
MINIMUM CHARGE
There shall be a minimum tip fee of $20.00 per load for high strength organic waste material.
RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of twenty-five dollars ($25) will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.
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 amount is not interest and is to be collected only once for each bill where it is appropriate.
SECTION 2 – TARIFF
EFFECTIVE DATE
The rates, charges and penalties provided herein shall become effective as provided for in the West Virginia Code.
SECTION 3 – SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES
The provisions of this Ordinance are severable, and if any clause, provision or section hereof shall be held void or unenforceable by 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, resolutions, orders or parts thereof, the same shall remain in full force and effect.
SECTION 4 – STATUTORY NOTICE AND PUBLIC HEARING
Upon introduction hereof, the City shall cause to be published a copy of this Ordinance once in a qualified newspaper of general circulation in the City of Beckley, and said notice shall state that this Ordinance has been introduced, and that any person interested may appear before Council on April 26, 2022, at 6:30 p.m., which date is not less than five (5) days after the date of the publication of the Ordinance and notice, and present any comment or protest thereto, following which hearing, Council shall take such action as it shall deem proper. Copies of this Ordinance shall be available to the public for inspection at the office of the City Recorder, Beckley, West Virginia.
First Reading: March 22, 2022
Second Reading and Public Hearing: April 26, 2022
ID: 592108