PUBLIC NOTICE OF PROPOSED ORDINANCE
RELATING TO INCREASED RATES, FEES AND CHARGES
OF THE CITY OF ELKINS SEWER SYSTEM
Pursuant to West Virginia Code section 8-20-10 notice is hereby given that on the 6th day of April, 2023, the City Council of the City of Elkins caused to be read an Ordinance setting forth a two step proposed increase in its sewer rates, fees and charges for customers of its sewer system in lieu of its present sewer rates and charges. The proposed Ordinance reads as follows:
AN ORDINANCE TO AMEND AND REENACT THE RATES, RULES AND
REGULATIONS FOR FURNISING SEWER SERVICE AT ELKINS AND
VICINITY, RANDOLPH COUNTY, WEST VIRGINIA BY INCREASING THE
RATES CHARGED THEREFOR
WHEREAS, Chapter 24, Article 2, Section 4b of the West Virginia Code, effective July 1, 1981, as amended, gives to municipally operated public utilities the approval authority to set their own rates and charges; and
WHEREAS, the City of Elkins’ current rates and charges for sewer service were adopted on November 21, 2019, and were placed into effect on January 5, 2020; and,
WHEREAS, the 2015 Legislature amended Chapter 24 of the West Virginia Code to require all municipalities to maintain a cash working capital reserve; and,
WHEREAS, the Public Service Commission of West Virginia, in 2021 issued a General Order which revised the method of calculation of the cash working capital reserve fund which requires adjustment of the frequency of the funding of such cash working capital reserve fund requiring the City to increase its rates; and
WHEREAS, the City Sanitary Board is experiencing difficulty in meeting its current obligations; and
WHEREAS, in order to provide revenues sufficient to pay the expenses of current and future operations, to provide working capital reserves and to provide sufficient funding for its ongoing debt service obligations, the Common Council of the City of Elkins deems it necessary to increase the rates and charges for the furnishing of sewer services in two phases.
THEREFORE, THE COMMON COUNCIL OF THE CITY OF ELKINS, WEST VIRGINIA HEREBY ORDAINS:
SECTION ONE – RATES, RULES AND REGULATIONS
The following rates, fees and charges for sewer service provided by it to customers throughout its territory served, are hereby fixed and determined as rates, fees and charges to be charged in lieu of those rates, fees and charges contained in its sewer tariff, P.S.C. W. Va. No. 13, currently on file with the Public Service Commission of West Virginia.
STEP 1 RATES
[TO BECOME EFFECTIVE 45 DAYS FOLLOWING PASSAGE]
SCHEDULE NO. 1
APPLICABILITY
Applicable within the entire territory served
AVAILABILITY OF SERVICE
Available for residential, commercial and industrial sewer service.
RATES
First 1,500 gallons used per month $13.74 per 1,000 gallons
Next 248,500 gallons used per month $12.43 per 1,000 gallons
Over 250,000 gallons used per month $ 4.96 per 1,000 gallons
MINIMUM CHARGE (Customers with metered water supply)
No minimum bill will be rendered for less than $20.61 per month
(Equivalent of 1,500 gallons of water usage)
DELAYED PAYMENT PENALTY
The above tariff 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
MONTHLY OR BI-MONTHLY PAYMENT BILLINGS
The above rates and charges may be adjusted to a monthly or bi-monthly basis, providing no lower charges.
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 on any customer whose check for payment of charges is returned by the bank due to insufficient funds.
TAP FEE
The charge for an approved service connection to the sewer system will be seven hundred fifty dollars ($750.00) or the actual cost of connection (solely determined by the Sewer Board), whichever is greater, for all new taps to the system.
LEAK ADJUSTMENT
$1.00 per 1,000 gallons of water is to be used when a bill reflects unusual water consumption which can be attributed to eligible leakage on customer’s side of the meter. This rate shall be applied to all such consumption above the customer’s historical usage.
SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, or fifty dollars, whichever is greater. This fee may be changed by applicable statutory provisions.
SCHEDULE NO. 2
APPLICABILITY
Applicable within the Teaberry Hills Subdivision
AVAILABILITY OF SERVICE
Available for general domestic service in un-metered housing projects or subdivisions.
FLAT RATE CHARGE (Customers with non-metered water supply)
General Domestic customers with non-metered water supply: $57.90 per month
(Equivalent to 4,500 gallons of water usage)
DELAYED PAYMENT PENALTY
The above tariff 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.
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 on any customer whose check for payment of charges is returned by the bank due to insufficient funds.
TAP FEE
The charge for an approved service connection to the sewer system will be seven hundred fifty dollars ($750.00) or the actual cost of connection (solely determined by the Sewer Board), whichever is greater, for all new taps to the system.
LEAK ADJUSTMENT
$1.00 per 1,000 gallons of water is to be used when a bill reflects unusual water 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.
SCHEDULE NO. 3
APPLICABILITY
Applicable within and without the corporate limits of the City of Elkins
AVAILABILITY OF SERVICE
Available to Midland Public Service District
METERED RATES (Based on metered water sold)
$4.11 per M gallons
SCHEDULE NO. 4
APPLICABILITY
Applicable within and without the corporate limits of the City of Elkins
AVAILABILITY OF SERVICE
Available to Leadsville Public Service District
METERED RATES (Based on metered water sold)
$4.16 per M gallons
SCHEDULE NO. 5
APPLICABILITY
Applicable within and without the corporate limits of the City of Elkins
AVAILABILITY
Applicable where sewer customer obtains water wholly or partly from a source other than the Municipal Water Works of the City of Elkins Sewer user shall make application in writing, showing type of waste to be delivered to the sanitary sewer system of the City of Elkins, and shall not deliver said waste until written permission has been given by the Sanitary Board of the City of Elkins. Sewer user shall provide, at the end of each calendar quarter, to the Sanitary Board of the City of Elkins, an officially signed notification showing the approximate quantity in gallons of waste delivered to the sanitary sewer system of the City of Elkins. Upon receipt of such notification, billing shall be made, applying the rates in Schedule No. 1.
SCHEDULE NO. 6
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 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) charge able 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 Elkins 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 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 Elkins Sanitary Board 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 Elkins 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.
Where the amount of sanitary sewage discharged into the City of Elkin’s wastewater collection and/or transmission system by certain industrial 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 will pay to the City of Elkins Sanitary Board a sewer charge calculated at fifty (50) gallons of water per each employee at the plant each working day.
SCHEDULE NO. 7
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. Surcharge formula to be applied in cases where surface drainage is connected to the utility’s sewer system.
APPLICABILITY
Wherever the utility has discovered that a customer’s roof drain, downspout, 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 City’s sanitary sewer, in square feet
R – The measured monthly rainfall, in inches
0.0006233 – The conversion factor to change inches of rain x square feet of surface to thousand 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.
SCHEDULE NO. 8
APPLICABILITY
Applicable within the entire territory served
AVAILABILITY
Available for wastewater and leachate haulers
SEPTIC TANK CLEANING SERVICE REGISTRATION PERMIT FEE
For each septic tank cleaning business which uses the City’s sanitation system there will be an annual registration fee of one hundred twenty-five dollars ($125.00). In addition, the dumping fee will be a commodity charge below due to the concentrated nature of the hauling.
RATES
To be Charged To West Virginia Division of Environmental Protection Landfill Closure Assistance Program (LCAP):
Commodity Charge – $25.00 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 City.
To Be Charged To All Other Wastewater and Leachate Haulers:
Commodity Charge – Each hauler 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 City.
DELAYED PAYMENT PENALTY
The above tariff 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
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed on any customer whose check for payment of charges is returned by the bank due to insufficient funds.
SCHEDULE NO. 9
APPLICABILITY
Applicable within the entire territory served
AVAILABILITY
Available for City of Elkins Municipal Water Department for treatment of water plant backwash
TREATMENT RATE
$0.51 per 1,000 gallons of water.
STEP 2 RATES
[TO BECOME EFFECTIVE FOR ALL BILLS RENDERED ON
AND AFTER DECEMBER 15, 2023]
SCHEDULE NO. 1
APPLICABILITY
Applicable within the entire territory served
AVAILABILITY OF SERVICE
Available for residential, commercial and industrial sewer service.
RATES
First 1 ,500 gallons used per month $15.78 per 1,000 gallons
Next 248,500 gallons used per month $14.28 per 1,000 gallons
Over 250,000 gallons used per month $ 5.70 per 1,000 gallons
MINIMUM CHARGE (Customers with metered water supply)
No minimum bill will be rendered for less than $23.67 per month
(Equivalent of 1,500 gallons of water usage)
DELAYED PAYMENT PENALTY
The above tariff 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.
MONTHLY OR BI-MONTHLY PAYMENT BILLINGS
The above rates and charges may be adjusted to a monthly or bi-monthly basis, providing no lower charges.
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 on any customer whose check for payment of charges is returned by the bank due to insufficient funds.
TAP FEE
The charge for an approved service connection to the sewer system will be seven hundred fifty dollars ($750.00) or the actual cost of connection (solely determined by the Sewer Board), whichever is greater, for all new taps to the system.
LEAK ADJUSTMENT
$1.00 per 1,000 gallons of water is to be used when a bill reflects unusual water consumption which can be attributed to eligible leakage on customer’s side of the meter. This rate shall be applied to all such consumption above the customer’s historical usage.
SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, or fifty dollars, whichever is greater. This fee may be changed by applicable statutory provisions.
SCHEDULE NO. 2
APPLICABILITY
Applicable within the Teaberry Hills Subdivision
AVAILABILITY OF SERVICE
Available for general domestic service in un-metered housing projects or subdivisions.
FLAT RATE CHARGE (Customers with non-metered water supply)
General Domestic customers with non-metered water supply: $66.51 per month
(Equivalent to 4,500 gallons of water usage)
DELAYED PAYMENT PENALTY
The above tariff 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.
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 on any customer whose check for payment of charges is returned by the bank due to insufficient funds.
TAP FEE
The charge for an approved service connection to the sewer system will be seven hundred fifty dollars ($750.00) or the actual cost of connection (solely determined by the Sewer Board), whichever is greater, for all new taps to the system.
LEAK ADJUSTMENT
$1.00 per 1,000 gallons of water is to be used when a bill reflects unusual water 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.
SCHEDULE NO. 3
APPLICABILITY
Applicable within and without the corporate limits of the City of Elkins
AVAILABILITY OF SERVICE
Available to Midland Public Service District
METERED RATES (Based on metered water sold)
$4.55 per M gallons
SCHEDULE NO. 4
APPLICABILITY
Applicable within and without the corporate limits of the City of Elkins
AVAILABILITY OF SERVICE
Available to Leadsville Public Service District
METERED RATES (Based on metered water sold)
$4.60 per M gallons
SCHEDULE NO. 5
Remains the same as set forth in Step 1 above.
SCHEDULE NO. 6
Remains the same as set forth in Step 1 above.
SCHEDULE NO. 7
Remains the same as set forth in Step 1 above.
SCHEDULE NO. 8
Remains the same as set forth in Step 1 above.
SCHEDULE NO. 9
Remains the same as set forth in Step 1 above.
SECTION TWO – EFFECTIVE DATE
Step 1 rates will become effective forty-five (45) days from passage for service rendered on and after the effective date.
Step 2 rates will become effective December 15, 2023 for all bills rendered on and after the effective date.
SECTION THREE – SEPARABILITY; REPEAL OF
CONFLICTING ORDINANCES
The provisions of this Ordinance are separable, and if any clause, provision or section hereof 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 of the charges herein set forth, all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, 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 FOUR – STATUTORY NOTICE AND PUBLIC HEARING
Upon introduction hereof, the City Clerk shall publish Notice of this Ordinance in The Inter-Mountain, being a newspaper published and of general circulation in Randolph County, West Virginia, as a Class I publication. The publication shall be made at least one (1) week prior to the meeting of the City Council at which a final reading and vote on the ordinance will be held. Said notice shall state that this Ordinance has been introduced, and that any person interested may appear before Council on the 20th day of April, 2023,
at 7:00 p.m. in the City Council Chambers, 401 Davis Avenue, Elkins, West Virginia, and present protests, if any. At such hearing all objections and suggestions shall be heard and the Council shall take such action as it shall deem proper on the premises. Further, said Notice shall advise the public that a copy of this ordinance is available for public inspection at the City Clerk’s Office which is open to the public Monday through Friday during the hours of 8:00 a.m. to 4:30 p.m.
CITY OF ELKINS
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