Fayette

Legal Notice

NOTICE

The Town of Smithers, a municipal corporation, will hold a hearing before the final vote on a proposed ordinance, the principal object of which is the increase of sewer rates for customers of the sewer system operated by the Smithers Sanitary Board. The title of such ordinance is “AN ORDINANCE ESTABLISHING AND FIXING RATES, FEES, AND CHARGES FOR SERVICE TO CUSTOMERS OF THE SMITHERS SANITARY BOARD” The Ordinance proposes adoption of the following rates:

SECTION 1: SCHEDULE OF STEP 1 RATES
(Effective for service rendered 45 days from passage of the September 19, 2023 Ordinance)

Applicability:
Applicable within the entire territory served.

AVAILABILITY OF SERVICE
Available for residence, commercial and public authority sewer service.

RATES (Based on water consumption or meter waste place in the sewer system)
$18.80 per 1,000 gallons
MINIMUM CHARGE
No bill will be rendered for less than $56.40 per month
(Equivalent to 3,000 gallons of water usage)

SECURITY DEPOSIT
$127.84 for all residence customers; 1/16th of estimated annual charges for commercial customers. The Security Deposit shall be refunded to customers in owner-occupied structures after 12 consecutive months of timely payment. The Sanitary Board shall retain the Security Deposit for Customers in tenant-occupied structures until the account closes.

SECTION 2: SCHEDULE OF STEP 2 RATES
(Effective for service rendered after July 1, 2024)

APPLICABILITY
Applicable within the entire territory served.

AVAILABILITY OF SERVICE
Available for residence, commercial and public authority sewer service.

RATES (Based on water consumption or metered waste place in the sewer system)
$21.91 per 1,000 gallons

MINIMUM CHARGE
No bill will be rendered for less than $65.73 per month
(Equivalent to 3,000 gallons of water usage)

SECURITY DEPOSIT
$148.98 for all residence customers; 1/16th of estimated annual charges for commercial customers. The Security Deposit shall be refunded to customers in owner-occupied structures after 12 consecutive months of timely payment. The Sanitary Board shall retain the Security Deposit for Customers in tenant-occupied structures until the account closes.

SECTION 3: INCIDENTAL CHARGES
(Effective 45 days from passage of the September 19, 2023 Ordinance)

APPLICABILITY
The following incidental charges apply to all customers of the Sanitary Board of the City of Smithers at all times.

UNMETERED WATER USERS
In the event building or premises discharge sewage, water or other liquid waste into the Municipal sanitary sewage system uses water from any source supplied other than a metered basis, 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 sewer bill based on the above rates and charges of similar building or premises with similar occupancy which are served by utility providing such meter information to the City.

DELAYED PAYMENT PENALTY
The above tariff is net. On all current usage billings not paid in full within twenty (20) days, 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.

TAP FEE
$500.00 for all connections.

BAD CHECK CHARGE:
For each customer whose check for payment is returned due to insufficient funds, a returned check charge will be assessed in the amount of the bad check charge assessed against the Sanitary Board by its bank, in any event, the bad check charge shall not exceed $25.00.

LEAK ADJUSTMENT INCREMENT
$7.44 per 1,000 gallons. To be used when a bill reflects unusual water consumption which can be attributed to eligible leakage on the customer’s side of the water meter. This rate is used to calculate consumption above the customer’s historical average usage.

UNUSUAL DISCHARGES
All industrial customers are required to obtain the approval of the Kanawha Falls Public Service District prior to connecting to the City’s sewage system.

In the event the sewage, water or other liquid wastes being discharged into the sanitary sewers from any building or premises is determined by the City to contain unduly high concentrations of any Substance which add to the operation costs of the sewage system, then the City may establish special rates or charges as to such class of buildings or premises, or the City may require the owner or other interested party to specially treat such sewage, water or other liquid wastes before it is discharged into the municipal sanitary sewage system.

MUNICIPAL TAX SURCHARGE
The public utility tax adopted by the City of Smithers in the amount of two percent (2%) of revenues from sewer service sales by the sewer utility within corporate limits shall be billed as “surcharge” to the customers receiving service within said corporate limits.

DISCONNECTION FOR NON PAYMENT
Water service shall be discontinued for non-payment of sewer bill as provided by Rule 4.8.b of the Rules and Regulations for Government of Sewer Utilities.

WATER DISCONNECTION-RECONNECT FEES
Whenever water service has been disconnected for non-payment of sewer bills, a disconnection fee of $35.00 shall be charged.

Whenever water service which has been previously disconnected or otherwise withheld for Non-payment of sewer bills is reconnected, a fee of $35.00 shall be charged.

ADMINISTRATIVE FEE
If a delinquent sewer bill is collected by the city in the field, an administrative fee of $35.00 shall be charged.

SECTION 4: SURFACE OR GROUND WATER SURCHARGE
(Effective 45 days from passage of the September 19, 2023 Ordinance)

An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists.

Surcharge formula to be applied in cases where surface drainage is connected to the utility’s sewer system.

Whenever 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 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 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, 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.

A public hearing to be followed by a final vote on adoption of said proposed ordinance shall be held at the Smithers City Hall, 2 Greyhound Lane, Smithers, WV, September 19, 2023, at six o’clock (6:00) p.m. Interested parties may appear and be heard at such time with respect to the passage of the proposed ordinance. Copies of the proposed ordinance are available at the Office of the Clerk, Smithers Town Hall.