Legal Notices

NOTICE OF PUBLIC HEARING ON CITY OF DUNBAR SEWER RATE ORDINANCE A public hearing will be held on June 6, 2022, at 5:30 p.m. on the following ordinance. Any person interested may appear before the City Council of the City of Dunbar (the “City”) at the City Hall, Council Chambers, 210 12th Street, Dunbar, 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 Clerk in the City Hall, 210 12th Street, Dunbar, West Virginia during regular office hours. CITY OF DUNBAR ORDINANCE 772 AMENDING THE CODIFIED ORDINANCES OF THE CITY OF DUNBAR, WEST VIRGINIA WITH REGARD TO PART NINE, STREETS, UTILITIES AND PUBLIC SERVICES, ARTICLES 921.05 SERVICE CONNECTION AND 921.06 SCHEDULE OF RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DUNBAR: The following rules, rates and charges are hereby fixed, determined and established for municipal sewerage services provided to all general domestic, commercial, industrial and resale customers of the City of Dunbar’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 PHASE 1 (Effective 45 Days After Enactment) SCHEDULE NO. 1 APPLICABILITY Applicable within the entire territory served. AVAILABILITY Available for general domestic, commercial, industrial and resale sewerage service. RATES (Customers with metered water supply) First 2,000 gallons used per month $16.38 per 1,000 gallons Over 2,000 gallons used per month $13.28 per 1,000 gallons MINIMUM CHARGE No bill will be rendered for less than $32.76 per month. 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 delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage – $65.96 per month. DISCONNECT f%] RECONNECT f%] ADMINISTRATIVE FEES Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with the West Virginia-American Water Company, a disconnection fee of $20.00 shall be charged or, in the event the delinquent sewer bill is collected by the water company, an administrative 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 West Virginia-American Water Company is reconnected, a reconnection fee of $20.00 shall be charged. 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 their bank due to insufficient funds. MULTIPLE OCCUPANCY Where multiple service is rendered through one water meter, the customer shall be required to pay (1) the minimum monthly charge provided for above, multiplied by the number of families, apartments, residences, stores, offices, mobile homes (house trailers), or other units receiving water service from such meter, or (2) actual metered water usage, whichever is greater. SECURITY DEPOSIT All new applicants for service shall deposit the greater of a sum equal to two-twelfths (21/82) of the average annual usage of the applicant’s specific customer class or fifty dollars ($50). SCHEDULE NO. 2 TAP FEE The following charge is to be made whenever the utility installs a new tap to serve an applicant. A tap fee of $300.00 will be charged to customers applying for service outside of a certificate proceeding before the Commission for each new tap to the system. SCHEDULE NO. 3 SURCHARGE FORMULA TO BE APPLIED IN THE CASES 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 wastewater from unusual users in gallons 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. 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 City of Dunbar Sanitary Board, 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. Thereafter, unusual sewage service will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the City of Dunbar Sanitary Board’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 City of Dunbar Sanitary Board, 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 NO. 4 FORMULA FOR CERTAIN NON-METERED INDUSTRIAL PLANTS Applicable inside and outside of the corporate limits of the City of Dunbar Sanitary Board. Where the amount of sanitary sewage discharged into the City of Dunbar’s waste 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 Sanitary Board a sewer charge calculated at fifty (50) gallons of water per each employee at the plant each working day. SCHEDULE NO. 5 LEAK ADJUSTMENT $0.78 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) the utility’s leak adjustment policy. SCHEDULE NO. 6 BULK TREATMENT RATES (Based on metered water usage) All wastewater from the West Virginia Rehab Center and West Virginia State University will be treated at the approved rate of $3.25 per 1,000 gallons per month. BULK TREATMENT RATES (Based on metered water usage) All wastewater from West Dunbar Public Service District will be treated at the approved rate of $3.45 per 1,000 gallons per month. BULK TREATMENT RATES (Based on metered water usage) All wastewater from the City of Charleston will be treated at the approved rate of $3.63 per 1,000 gallons per month. SCHEDULE NO. 7 BILLING AND COLLECTION RATE FOR WEST DUNBAR PUBLIC SERVICE DISTRICT For billing and collection services provided to West Dunbar Public Service District: $1.67 per bill. SCHEDULE NO. 8 SURFACE OR GROUND WATER SURCHARGE An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists. 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 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 r 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 r correct the situation shall give rise to the possible termination of water service in accordance with the Rules of the Public Service Commission of West Virginia. PHASE 2 (Effective July 1, 2024) SCHEDULE NO. 1 APPLICABILITY Applicable within the entire territory served. AVAILABILITY Available for general domestic, commercial, industrial and resale sewerage service. RATES (Customers with metered water supply) First 2,000 gallons used per month $16.71 per 1,000 gallons Over 2,000 gallons used per month $13.55 per 1,000 gallons MINIMUM CHARGE No bill will be rendered for less than $33.42 per month. 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 delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage – $67.30 per month. DISCONNECT f%] RECONNECT f%] ADMINISTRATIVE FEES Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with the West Virginia-American Water Company, a disconnection fee of $20.00 shall be charged or, in the event the delinquent sewer bill is collected by the water company, an administrative 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 West Virginia-American Water Company is reconnected, a reconnection fee of $20.00 shall be charged. 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 their bank due to insufficient funds. MULTIPLE OCCUPANCY Where multiple service is rendered through one water meter, the customer shall be required to pay (1) the minimum monthly charge provided for above, multiplied by the number of families, apartments, residences, stores, offices, mobile homes (house trailers), or other units receiving water service from such meter, or (2) actual metered water usage, whichever is greater. SECURITY DEPOSIT All new applicants for service shall deposit the greater of a sum equal to two-twelfths (21/82) of the average annual usage of the applicant’s specific customer class or fifty dollars ($50). SCHEDULE NO. 2 TAP FEE The following charge is to be made whenever the utility installs a new tap to serve an applicant. A tap fee of $300.00 will be charged to customers applying for service outside of a certificate proceeding before the Commission for each new tap to the system. SCHEDULE NO. 3 SURCHARGE FORMULA TO BE APPLIED IN THE CASES 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 wastewater from unusual users in gallons 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. 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 City of Dunbar Sanitary Board, 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. Thereafter, unusual sewage service will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the City of Dunbar Sanitary Board’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 City of Dunbar Sanitary Board, 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 NO. 4 FORMULA FOR CERTAIN NON-METERED INDUSTRIAL PLANTS Applicable inside and outside of the corporate limits of the City of Dunbar Sanitary Board. Where the amount of sanitary sewage discharged into the City of Dunbar’s waste 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 Sanitary Board a sewer charge calculated at fifty (50) gallons of water per each employee at the plant each working day. SCHEDULE NO. 5 LEAK ADJUSTMENT $0.78 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) the utility’s leak adjustment policy. SCHEDULE NO. 6 BULK TREATMENT RATES (Based on metered water usage) All wastewater from the West Virginia Rehab Center and West Virginia State University will be treated at the approved rate of $3.25 per 1,000 gallons per month. BULK TREATMENT RATES (Based on metered water usage) All wastewater from West Dunbar Public Service District will be treated at the approved rate of $3.45 per 1,000 gallons per month. BULK TREATMENT RATES (Based on metered water usage) All wastewater from the City of Charleston will be treated at the approved rate of $3.63 per 1,000 gallons per month. SCHEDULE NO. 7 BILLING AND COLLECTION RATE FOR WEST DUNBAR PUBLIC SERVICE DISTRICT For billing and collection services provided to West Dunbar Public Service District: $1.67 per bill. SCHEDULE NO. 8 SURFACE OR GROUND WATER SURCHARGE An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists. 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 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 r 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 r correct the situation shall give rise to the possible termination of water service in accordance with the Rules of the Public Service Commission of West Virginia. PHASE 3 (Effective July 1, 2026) SCHEDULE NO. 1 APPLICABILITY Applicable within the entire territory served. AVAILABILITY Available for general domestic, commercial, industrial and resale sewerage service. RATES (Customers with metered water supply) First 2,000 gallons used per month $17.05 per 1,000 gallons Over 2,000 gallons used per month $13.82 per 1,000 gallons MINIMUM CHARGE No bill will be rendered for less than $34.10 per month. 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 delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage – $68.65 per month. DISCONNECT f%] RECONNECT f%] ADMINISTRATIVE FEES Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with the West Virginia-American Water Company, a disconnection fee of $20.00 shall be charged or, in the event the delinquent sewer bill is collected by the water company, an administrative 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 West Virginia-American Water Company is reconnected, a reconnection fee of $20.00 shall be charged. 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 their bank due to insufficient funds. MULTIPLE OCCUPANCY Where multiple service is rendered through one water meter, the customer shall be required to pay (1) the minimum monthly charge provided for above, multiplied by the number of families, apartments, residences, stores, offices, mobile homes (house trailers), or other units receiving water service from such meter, or (2) actual metered water usage, whichever is greater. SECURITY DEPOSIT All new applicants for service shall deposit the greater of a sum equal to two-twelfths (21/82) of the average annual usage of the applicant’s specific customer class or fifty dollars ($50). SCHEDULE NO. 2 TAP FEE The following charge is to be made whenever the utility installs a new tap to serve an applicant. A tap fee of $300.00 will be charged to customers applying for service outside of a certificate proceeding before the Commission for each new tap to the system. SCHEDULE NO. 3 SURCHARGE FORMULA TO BE APPLIED IN THE CASES 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 wastewater from unusual users in gallons 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. 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 City of Dunbar Sanitary Board, 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. Thereafter, unusual sewage service will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the City of Dunbar Sanitary Board’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 City of Dunbar Sanitary Board, 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 NO. 4 FORMULA FOR CERTAIN NON-METERED INDUSTRIAL PLANTS Applicable inside and outside of the corporate limits of the City of Dunbar Sanitary Board. Where the amount of sanitary sewage discharged into the City of Dunbar’s waste 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 Sanitary Board a sewer charge calculated at fifty (50) gallons of water per each employee at the plant each working day. SCHEDULE NO. 5 LEAK ADJUSTMENT $0.78 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) the utility’s leak adjustment policy. SCHEDULE NO. 6 BULK TREATMENT RATES (Based on metered water usage) All wastewater from the West Virginia Rehab Center and West Virginia State University will be treated at the approved rate of $3.25 per 1,000 gallons per month. BULK TREATMENT RATES (Based on metered water usage) All wastewater from West Dunbar Public Service District will be treated at the approved rate of $3.45 per 1,000 gallons per month. BULK TREATMENT RATES (Based on metered water usage) All wastewater from the City of Charleston will be treated at the approved rate of $3.63 per 1,000 gallons per month. SCHEDULE NO. 7 BILLING AND COLLECTION RATE FOR WEST DUNBAR PUBLIC SERVICE DISTRICT For billing and collection services provided to West Dunbar Public Service District: $1.67 per bill. SCHEDULE NO. 8 SURFACE OR GROUND WATER SURCHARGE An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists. 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 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 r 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 r correct the situation shall give rise to the possible termination of water service in accordance with the Rules of the Public Service Commission of West Virginia. SECTION 2 – TARIFF EFFECTIVE DATE The rates, charges and penalties provided herein shall become effective as provided herein, or as soon thereafter as the same may be approved by the Public Service Commission of West Virginia. 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 the West Virginia Public Service Commission or any court of competent jurisdiction, such holding shall no