W. Va. Code R. § 150-36-4

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-36-4 - Customer Relations

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.

4.2. Customer deposits.

4.2.a. Security deposits.

4.2.a.1. Security deposits for public service stormwater districts - All new applicants for residential or other stormwater service from a public service district shall make a deposit with the public service district of (1) fifty dollars ($50.00), or (2) two twelfths (2/12) of the annual estimated charge for stormwater service, whichever is greater, to secure the payment of stormwater service rates and charges. In any case where a deposit is forfeited to pay service rates and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another deposit, as described above, has been remitted to the district.

4.2.a.2. Return of deposit to customers who are not tenants - After a customer who is not a tenant has paid bills for stormwater service for twelve (12) consecutive months without a delinquency, the utility shall promptly and automatically refund the deposit plus accrued interest. Calculation of the above twelve (12) months' period shall commence from the first regular payment or following the payment of a delinquent bill or bills.

4.2.a.3. Return of deposit by public service district to a customer who is a tenant - A district is not required to return a deposit to a customer who is a tenant until the time the tenant discontinues service with the district. After a customer who is a tenant discontinues service with the district, the utility shall promptly and automatically refund the deposit plus accrued interest.

4.2.a.4. Unless otherwise ordered by the Commission by general order, interest of 1% per year shall be paid from the date of deposit until the date of refund of the security deposit. All customer security deposits shall be placed in an interest bearing account at a local federally insured financial institution.

4.2.a.5. A current customer of a public service district who terminates customer status at one location and receives stormwater service at a new location within the jurisdiction of the district and who has made payment of bills for the previous twelve (12) months without a delinquency, is not required to pay a deposit for service at the new location because that customer is not a new applicant for service under W.Va. Code § 16-13A-9. Multiple service locations shall require multiple deposits. 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 make a new application for stormwater service, or paying a new deposit.

4.2.a.6. Record of Deposit - Each utility holding a cash deposit shall keep a record showing:

(1) the name and current address of each depositor;

(2) the amount and date of the deposit; and

(3) each transaction concerning the deposit.

4.2.a.7. Receipt - Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service, or customer, a receipt showing:

(1) the date thereof;

(2) the name of the applicant or customer and the address of the premises served or to be served;

(3) the service furnished or to be furnished; and

(4) the amount of the deposit and the fact that interest will be paid at a Commission determined rate. Each utility shall maintain an accurate record of deposits and shall provide automatic means to refund the deposit of a customer, when so entitled, if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.

4.2.a.8. Unclaimed Deposits - Should a utility have retained, through no fault of its own, deposits made by customers whose service has been discontinued during any calendar year, it shall, on or before the first day of March, in each year, mail to the customer's last known address a check as refund of the deposit plus accrued interest, or at the utility's option, publish a list of such depositors in a newspaper published and of general circulation in each of the county(ies) in which it operates and in which the deposits were made, showing as of the thirty-first (31st) day of December immediately preceding, the amount of each such deposit, together with the interest due thereon, and notifying depositors listed therein that their deposits are being held to their credit and will be returned upon request. The utility will not be liable for any interest on such deposits after publication of such lists. Upon completion of the above procedure, the utility shall follow the provisions of the Uniform Unclaimed Property Act, codified in the W.Va. Code § 36-8-1 et seq., with regard to the disposition of any unclaimed deposit.

4.2.a.9. All utilities that collect security deposits must do so in a non-discriminatory manner.

4.3. Billing information.

4.3.a. The utility shall be subject to and comply with the provisions of Rule 4.3 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.4. Application of credit to customer bills.

4.4.a. Where real property receives stormwater service, each utility is authorized to establish a bill credit policy where a credit can be applied to the stormwater utility bill for customer management technologies that capture stormwater on site.

4.4.b. A utility must have a bill credit policy included in its tariff that may include separate rates that consider reduced flow of stormwater because of customer management of rainfall. A customer may apply for a credit pursuant to a utility's tariff when it utilizes any stormwater methods required by stormwater permit to capture:

(1) the first one inch of rainfall from newly developed land area or

(2) for an existing developed land area where a measurable amount of rainfall can be captured by the landowner. Methods for customer capture of stormwater shall be submitted to the stormwater utility for a determination of the applicability of a credit to the customer's stormwater bill.

4.4.c. The credit policy shall allow additional credits for water quality and water quantity controls that surpass minimum requirements for these controls by federal, state or local laws and regulation. Examples may be additional credit for providing more detention than required by regulation or providing stream buffers where none are required. A credit policy is not intended to completely eliminate the customer's obligation to pay stormwater rates.

4.4.d. Each utility may propose a policy which includes a maximum credit toward a stormwater bill or a minimum net stormwater bill after applications of the credit.

4.4.e. Each utility shall maintain in its office a copy of its tariff, including bill credit policy, and any forms necessary for a customer to utilize the credit policy.

4.5. Complaints.

4.5.a. The utility shall be subject to and comply with the provisions of Rule 4.5 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.6. Disputed Bills.

4.6.a. The utility shall be subject to and comply with the provisions of Rule 4.6 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.7. Customer Discontinuance of Service.

4.7.a. The utility shall be subject to and comply with the provisions of Rule 4.7 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.8. Utility Discontinuance of Service.

4.8.a. Notice of Discontinuance.

4.8.a.1. The utility shall be subject to and comply with the provisions of Rule 4.8.b of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.8.b. The utility shall be subject to and comply with the provisions of Rule 4.8.c of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.8.c. Charge for Reconnection.

4.8.c.1. The utility shall be subject to and comply with the provisions of Rule 4.8.d of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.8.d. The utility shall be subject to and comply with the provisions of Rule 4.8.e of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.8.e. Any public service district that provides water and stormwater service has the right to terminate water service for the delinquency in payment of stormwater bills.

4.8.f. Inter-utility Agreements regarding discontinuance of water service for non-payment of stormwater bills.

4.8.f.1. The utility shall be subject to and comply with the provisions of Rule 4.8.g of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.9. Refusal to Serve Applicants.

4.9.a. The utility shall be subject to and comply with the provisions of Rule 4.9 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.10. Access to Property.

4.10.a. The utility shall be subject to and comply with the provisions of Rule 4.10 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.11. Service Interruptions.

4.11.a. The utility shall be subject to and comply with the provisions of Rule 4.11 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.12. Moratoria.

4.12.a. The utility shall be subject to and comply with the provisions of Rule 4.12 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

4.13. If the utility detects an impermissible discharge attributable to particular customer runoff, the utility shall take appropriate steps to eliminate or control the runoff as provided in its permit or relevant statutes or regulations.

W. Va. Code R. § 150-36-4