West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-4 - Customer Relations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Customer Information.
4.1.a. Information as
				to Service - Each utility shall, upon request, give its users and customers
				such information and assistance as is reasonable, in order that customers may
				enjoy safe and efficient service.
4.1.b. Explanation of Computing Bills - Each
				utility shall adopt some means of informing its users and customers as to the
				method of computing bills, either by printed description on its bills, or by a
				notice to the effect that the method will be explained at the office of the
				utility upon request.
4.1.c.
				Explanation of Rates - It shall be the duty of the utility to explain to the
				user and customer at the beginning of service, or whenever requested to do so,
				the utility's rates applicable to the type of service furnished to the customer
				and all other classes of customers. The utility shall, on its periodic
				statements, annually inform its customers that, if they so request, it shall
				supply them with a copy of the utility's rate or rates applicable to the type
				of service to be furnished to all customers with a concise written explanation
				of the rates, and an identification of any customer for whom rates are not
				summarized.
4.1.d. Posting of law,
				rates, rules, and collection agents.
4.1.d.1.
				Every utility shall maintain in its office for inspection by the public, the
				following:
4.1.d.1.A. A copy of the rates,
				rules and regulations of the utility, and of forms of contracts and
				applications applicable to the territory served from that office;
4.1.d.1.B. A copy of the Public Service
				Commission Law of this State;
4.1.d.1.C. A copy of the Rules for the
				Government of Sewer Utilities, 150 CSR 5; and
4.1.d.1.D. A copy of these rules.
4.1.d.2. A suitable placard in
				large type shall be conspicuously posted in the utility's business office
				giving information to customers that a copy of the law, the rules of the
				Commission, and the schedules of rates are available for their
				inspection.
4.1.d.3. No less than
				once a year, and each time a utility changes collection agents or locations,
				each utility shall publicize by newspaper or bill insert to its customers its
				collection agents to whom customers may deliver payment of stormwater
				bills.
4.1.e.
				Application for stormwater service.
4.1.e.1.
				Real property may be determined and declared to be served by a stormwater
				system only after each of the following conditions are met;
4.1.e.1.A. Where a public service district
				has been designated by the Environmental Protection Agency as an entity to
				serve a West Virginia Separate Storm Sewer System community, as defined in
				40
				CFR 122.26;
4.1.e.1.B. The authority of the public
				service district has been properly expanded to operate and maintain a
				stormwater system;
4.1.e.1.C. The
				public service district has made available a stormwater system where stormwater
				from the real property affects or drains into the stormwater system;
				and
4.1.e.1.D. The real property is
				located in the Municipal Separate Storm Sewer System's designated service
				area.
4.1.e.2. Having
				met those four conditions, an owner of the real property (user) shall be
				required to make written application on printed forms provided therefore
				setting forth in said application all purposes for which stormwater will be
				managed upon their premises. If the user has agreed in writing with a third
				party that the third party shall pay the stormwater fee, then the third party
				shall apply for service. The third party shall provide the utility with a copy
				of the agreement with the user. The utility may require the applicant to
				provide identification at the time of application for service. The applicant
				shall be required to designate on every application for service whether the
				applicant is a tenant or an owner of the premises to be served. If the
				applicant is a tenant, the name and address of the owner or owners of the
				premises to be served must be provided to the utility.
4.1.e.3. A customer shall remain liable for
				stormwater service furnished to said premises until he has given notice in
				writing to the utility to discontinue his stormwater service. Any change in the
				identity of the contracting customer at a premises will require a new
				application for stormwater service provided that, in the event the customer of
				record has died or has become incapable of being responsible for stormwater
				service, that individual's spouse may become the customer of record without
				being required to complete a new application for stormwater service, or paying
				a new deposit. Where the former customer has provided notice of discontinuance
				of service, in the absence of a new application for service, the user shall be
				billed. (See, 4.1.g.4). Where bills are not paid, the utility may, after
				reasonable notice, obtain a discontinuance of water service to the premises
				until acceptable arrangements for payment have been made, and, if applicable, a
				new application for service has been made and accepted.
4.1.e.4. In the event that a publicly or
				privately owned water utility, city, incorporated town, other municipal
				corporation or other public service district, owns and operates water
				facilities within the same service territory as the public service district
				providing stormwater service to the area, then the stormwater public service
				district shall provide the customer with a proper receipt and shall instruct
				the customer to present said receipt to the water utility when application for
				water service is made.
4.1.f. Availability defined - Stormwater
				service and other related services such as outreach and education will be
				deemed available to a customer when the provisions of Rule 4.1.e.1 are
				satisfied.
4.1.g. Public Service
				District's notice of availability of stormwater service and billing after
				notice.
4.1.g.1. Notice by Publication - When
				stormwater service is made available by a public service district to users in
				an area which has not previously been served by the public service district,
				the district shall publish a notice in a newspaper of general circulation in
				the area affected once a week for two consecutive weeks, with the second notice
				being published at least thirty (30) days prior to the date that the public
				service district intends to begin billing for services. The notice shall state,
				at a minimum, the following information:
(1)
				that stormwater services are available;
(2) the date that the district will begin
				billing for services as authorized by W. Va. Code §
												16-13A-9
				and Rule 4.3 of the Commission Rules for the Government of Stormwater
				Utilities;
(3) the district's
				rates;
(4) the location and
				telephone number of the district's business office; and
(5) the general amount of the bill that will
				be the responsibility of users, in various classes, even if the user has not
				made an application for service.
4.1.g.2. Publication is not required when
				service is extended to a single customer at the customer's request.
4.1.g.3. Personal Notice - In addition to
				notice by publication, when stormwater service is made available to users in an
				area which has not previously been served by the stormwater utility, the
				stormwater utility shall provide notice with at least the information as
				described in section 4.1.g.1 above, to all users by certified mail, return
				receipt requested, or by personal service with signed and dated receipt. In the
				event that the public service district is not able to effect personal notice
				after a good faith effort, or if the district believes that the requirements of
				this section create an undue hardship on the district, the district may
				petition the Commission for a waiver of the requirements of personal notice
				provided in this section.
4.1.g.4.
				Where there has been no application for stormwater service within thirty (30)
				days and after appropriate notice has been given of availability of service
				pursuant to W.Va. Code §
											16-13A-9
				and Rule 4.1.g, users shall be billed based on the stormwater utility's
				approved tariff.