Marion

Legal Notice

NOTICE OF PUBLIC HEARING ON
TOWN OF BARRACKVILLE SEWER RATE ORDINANCE

A public hearing will be held on October 3, 2023, at 7:00 p.m. on the following ordinance. Any person interested may appear before the Town Council of the Town of Barrackville (the “Town”) at the Town Hall, 716 Pike Street, Barrackville, West Virginia, and present any comment or protest thereto. Following such public hearing, Town 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 Town Hall, 716 Pike Street, Barrackville, West Virginia during regular office hours.

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SECTION 1 – TARIFF

STEP 1
Effective 45 Days After Enactment

APPLICABILITY
Applicable in the entire territory served.

AVAILABILITY OF SERVICE
Available for general domestic, commercial, and industrial service.

RATES (Based upon the metered amount of water supplied)
Flat Rate of $13.62 per 1,000 gallons of water used.

MINIMUM CHARGE
No bill will be rendered for less than $27.24 per month, which is the equivalent of 2,000 gallons. If billing is bimonthly, then no bill will be rendered for less than $54.48 bimonthly, which is the equivalent of 4,000 gallons.

FLAT RATE CHARGE (Customers with non-metered water supply)
Equivalent of 2,000 gallons of water usage or $27.24 per month. If billing is bimonthly, then the equivalent of 4,000 gallons of water usage or $54.48 bimonthly.

LEAK ADJUSTMENT
A leak adjustment rate of $4.39 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 point of service, and (ii) Town’s leak adjustment policy.

TAP FEE
The following charges are to be made whenever the utility installs a new tap to serve an applicant:

A tap fee of $400.00 will be charged to customers applying for service.

DISCONNECT AND RECONNECT FEES
Whenever water service has been discontinued for nonpayment of sewer bills in conjunction with a water service termination agreement with the City of Fairmont, a disconnection fee of $25.00 shall be charged. Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service agreement with Ice’s Run Public Service District, a disconnection fee of $20.00 shall be charged.

Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with the City of Fairmont is reconnected, a reconnection fee of $25.00 shall be charged. Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with Ice’s Run Public Service District, a reconnection fee of $20.00 shall be charged.

SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class or $50.00, whichever is greater. This fee may be changed by applicable statutory provisions.

RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by his or her bank due to insufficient funds.

DELAYED PAYMENT PENALTY
The above schedule is net. On all accounts not paid within twenty (20) days, ten percent (10%) will be added to 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.

SCHEDULE II

SURCHARGE FORMULA TO BE APPLIED IN CASES WHERE SURFACE DRAINAGE IS CONNECTED TO THE TOWN’S SANITARY SEWER SYSTEM
Where the Town has discovered that a customer’s roof drain, down spouts, storm sewer or other similar facilities conducting surface water have been connected to the Town’s sewer system and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by the Town 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 0.0006233 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.

0.0006233 = A conversion factor to change inches of rain x
square feet of surface to thousands of gallons of water

C = The Town’s approved rate per thousand gallons of
metered water usage

The Town 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 III

ENERGY CREDIT
All customers served by a septic affluent pump unit who also provide electricity to said pump shall receive credit toward their monthly bill equal to $0.69 per 1000 gallons used. This credit is to be reimbursed to the customers for the electrical cost of pumping 1,000.

STEP 2
Effective January 1, 2024

APPLICABILITY
Applicable in the entire territory served.

AVAILABILITY OF SERVICE
Available for general domestic, commercial, and industrial service.

RATES (Based upon the metered amount of water supplied)
Flat Rate of $13.73 per 1,000 gallons of water used.

MINIMUM CHARGE
No bill will be rendered for less than $27.46 per month, which is the equivalent of 2,000 gallons. If billing is bimonthly, then no bill will be rendered for less than $54.92 bimonthly, which is the equivalent of 4,000 gallons.

FLAT RATE CHARGE (Customers with non-metered water supply)
Equivalent of 2,000 gallons of water usage or $27.46 per month. If billing is bimonthly, then the equivalent of 4,000 gallons of water usage or $54.92 bimonthly.

LEAK ADJUSTMENT
A leak adjustment rate of $4.39 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 point of service, and (ii) Town’s leak adjustment policy.

TAP FEE
The following charges are to be made whenever the utility installs a new tap to serve an applicant:

A tap fee of $400.00 will be charged to customers applying for service.

DISCONNECT AND RECONNECT FEES
Whenever water service has been discontinued for nonpayment of sewer bills in conjunction with a water service termination agreement with the City of Fairmont, a disconnection fee of $25.00 shall be charged. Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service agreement with Ice’s Run Public Service District, a disconnection fee of $20.00 shall be charged.

Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with the City of Fairmont is reconnected, a reconnection fee of $25.00 shall be charged. Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with Ice’s Run Public Service District, a reconnection fee of $20.00 shall be charged.

SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class or $50.00, whichever is greater. This fee may be changed by applicable statutory provisions.

RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by his or her bank due to insufficient funds.

DELAYED PAYMENT PENALTY
The above schedule is net. On all accounts not paid within twenty (20) days, ten percent (10%) will be added to 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.

SCHEDULE II

SURCHARGE FORMULA TO BE APPLIED IN CASES WHERE SURFACE DRAINAGE IS CONNECTED TO THE TOWN’S SANITARY SEWER SYSTEM
Where the Town has discovered that a customer’s roof drain, down spouts, storm sewer or other similar facilities conducting surface water have been connected to the Town’s sewer system and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by the Town 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 0.0006233 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.

0.0006233 = A conversion factor to change inches of rain
x square feet of surface to thou sands of gallons
of water

C = The Town’s approved rate per thousand gallons of
metered water usage

The Town 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 III

ENERGY CREDIT
All customers served by a septic affluent pump unit who also provide electricity to said pump shall receive credit toward their monthly bill equal to $0.69 per 1000 gallons used. This credit is to be reimbursed to the customers for the electrical cost of pumping 1,000.

STEP 3
Effective July 1, 2024

APPLICABILITY
Applicable in the entire territory served.

AVAILABILITY OF SERVICE
Available for general domestic, commercial, and industrial service.

RATES (Based upon the metered amount of water supplied)
Flat Rate of $13.78 per 1,000 gallons of water used.

MINIMUM CHARGE
No bill will be rendered for less than $27.56 per month, which is the equivalent of 2,000 gallons. If billing is bimonthly, then no bill will be rendered for less than $55.12 bimonthly, which is the equivalent of 4,000 gallons.

FLAT RATE CHARGE (Customers with non-metered water supply)
Equivalent of 2,000 gallons of water usage or $27.56 per month. If billing is bimonthly, then the equivalent of 4,000 gallons of water usage or $55.12 bimonthly.

LEAK ADJUSTMENT
A leak adjustment rate of $4.39 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 point of service, and (ii) Town’s leak adjustment policy.

TAP FEE
The following charges are to be made whenever the utility installs a new tap to serve an applicant:

A tap fee of $400.00 will be charged to customers applying for service.

DISCONNECT AND RECONNECT FEES
Whenever water service has been discontinued for nonpayment of sewer bills in conjunction with a water service termination agreement with the City of Fairmont, a disconnection fee of $25.00 shall be charged. Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service agreement with Ice’s Run Public Service District, a disconnection fee of $20.00 shall be charged.

Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with the City of Fairmont is reconnected, a reconnection fee of $25.00 shall be charged. Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with Ice’s Run Public Service District, a reconnection fee of $20.00 shall be charged.

SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class or $50.00, whichever is greater. This fee may be changed by applicable statutory provisions.

RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by his or her bank due to insufficient funds.

DELAYED PAYMENT PENALTY
The above schedule is net. On all accounts not paid within twenty (20) days, ten percent (10%) will be added to 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.

SCHEDULE II

SURCHARGE FORMULA TO BE APPLIED IN CASES WHERE SURFACE DRAINAGE IS CONNECTED TO THE TOWN’S SANITARY SEWER SYSTEM
Where the Town has discovered that a customer’s roof drain, down spouts, storm sewer or other similar facilities conducting surface water have been connected to the Town’s sewer system and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by the Town 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 0.0006233 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.

0.0006233 = A conversion factor to change inches of rain x
square feet of surface to thousands of gallons of water

C = The Town’s approved rate per thousand gallons of
metered water usage

The Town 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 III

ENERGY CREDIT
All customers served by a septic affluent pump unit who also provide electricity to said pump shall receive credit toward their monthly bill equal to $0.69 per 1000 gallons used. This credit is to be reimbursed to the customers for the electrical cost of pumping 1,000.

STEP 4
Effective Upon Substantial Completion of the Sewer System
Improvement Project or Six (6) Months Prior to Initiation of the Debt Service Associated with the Sewer System Improvement Project, Whichever Occurs First

APPLICABILITY
Applicable in the entire territory served.

AVAILABILITY OF SERVICE
Available for general domestic, commercial, and industrial service.

RATES (Based upon the metered amount of water supplied)
Flat Rate of $17.51 per 1,000 gallons of water used.

MINIMUM CHARGE
No bill will be rendered for less than $35.02 per month, which is the equivalent of 2,000 gallons. If billing is bimonthly, then no bill will be rendered for less than $70.04 bimonthly, which is the equivalent of 4,000 gallons.

FLAT RATE CHARGE (Customers with non-metered water supply)
Equivalent of 2,000 gallons of water usage or $35.02 per month. If billing is bimonthly, then the equivalent of 4,000 gallons of water usage or $70.04 bimonthly.

LEAK ADJUSTMENT
A leak adjustment rate of $4.39 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 point of service, and (ii) Town’s leak adjustment policy.

TAP FEE
The following charges are to be made whenever the utility installs a new tap to serve an applicant:

A tap fee of $400.00 will be charged to customers applying for service.

DISCONNECT AND RECONNECT FEES
Whenever water service has been discontinued for nonpayment of sewer bills in conjunction with a water service termination agreement with the City of Fairmont, a disconnection fee of $25.00 shall be charged. Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service agreement with Ice’s Run Public Service District, a disconnection fee of $20.00 shall be charged.

Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with the City of Fairmont is reconnected, a reconnection fee of $25.00 shall be charged. Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with Ice’s Run Public Service District, a reconnection fee of $20.00 shall be charged.

SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class or $50.00, whichever is greater. This fee may be changed by applicable statutory provisions.

RETURNED CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by his or her bank due to insufficient funds.

DELAYED PAYMENT PENALTY
The above schedule is net. On all accounts not paid within twenty (20) days, ten percent (10%) will be added to 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.

SCHEDULE II

SURCHARGE FORMULA TO BE APPLIED IN CASES WHERE SURFACE DRAINAGE IS CONNECTED TO THE TOWN’S SANITARY SEWER SYSTEM
Where the Town has discovered that a customer’s roof drain, down spouts, storm sewer or other similar facilities conducting surface water have been connected to the Town’s sewer system and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by the Town 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 0.0006233 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.

0.0006233 = A conversion factor to change inches of rain x
square feet of surface to thousands of gallons of
water

C = The Town’s approved rate per thousand gallons of
metered water usage

The Town 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 III

ENERGY CREDIT
All customers served by a septic affluent pump unit who also provide electricity to said pump shall receive credit toward their monthly bill equal to $0.69 per 1000 gallons used. This credit is to be reimbursed to the customers for the electrical cost of pumping 1,000 gallons.

ID: 737376