98 Sewer Ord

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Click here to see the rule that you must connect if a sewer runs within 200 feet downhill from your property. The General Manager says the real rule actually goes 300 feet.

SEWER USE ORDINANCE, 4/22/98
JEFFERSON COUNTY P S D
210 W 3^RD AVENUE
RANSON, WV 25438

INDEX
Private Wastewater Disposal           B.8
Building Sewers and Connections   B.9
Conditions To Use of the Public Sewer         B.11
Miscellaneous     B.17
               1. Protection from Damage             B.17
               2. Powers and Authority of Inspectors           B.17
               3.            Penalties             B.18
               4.            Validity B.19

Charges                B.20
               1.            Category A          B.20
               2             Standby User Charges       B.21
               3.            Category B           B.21
               4.            Excess Flow Charges         B.22
               5.            Connection Charges           B.23
               6.            Industrial Waste Pretreatment         B.23
               7.            Contract Basis     B.23
               8.            Remedy for Failure to Pay- Charge B.23
               9.            Annual Audit        B.24
               10           Replacement Fund              B.24

Schedule A           B.25
Sample Wastewater Rate Ordinance              C-1
               1.            Basis      C-1
               2.            Amount of Sewer Service User Charges        C-2
               3.            Connection Charges           C-3
               4.            Appeals C-3
               5.            Validity C-4

SEWER USE ORDINANCE

AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BIULDING SEWERS, AND DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN TILE SERVICE AREA OF THE JEFFERSON COUNTY PUBLIC SERVICE DISTRICT,

be it ordained and enacted by the Jefferson County Public Service District, as follows:

ARTICLE I

DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

"BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C., expressed in milligrams per liter.

"Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

"Building Sewer" shall mean the extension from building drain to the public sewer or ocher place of disposal.

"Commercial User" shall mean any non---residential or non---public user not falling under the definition of Industrial User.

"Connection Charge" shall mean a one--rime charge levied against all users of the wastewater facilities at the time of connection of the user to the system, or as otherwise provided in this ordinance. The purpose of this charge is the replacement of equipment, or the expansion of the system. This charge is not related to the actual. cost of construction of an individual user's connection.

"Customer" shall mean the party whether owner or tenant, utilizing sewer service furnished by the District to a property.

"District" shall mean the Jefferson County Public Service Sewer District.

"Debt Service" shall mean costs to the District for the retirement of debts incurred in the provision of wastewater facilities including both principal and interest.

"Domestic User Equivalent" (DUE) shall mean the wastewater flow equivalent to that contributed by an average residential user. One DUE shall equal 240 gallons per day which equals 87,600 gallons per year.

"Floatable Oil" is oil, fat or grease in a physical state such that it will separate by gravity from wastewater in an approved pretreatment facility. A wastewater shall be considered tree of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

"Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sales of meat, fish, fowl, fruits, vegetables and condemned food.

"Improved property" shall mean any property located within the District upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals mid from which structure sanitary sewage and/or industrial wastes are or may be discharged.

"Industrial User" shall mean:

(a) any non-governmental, non-residential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary waste and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A. Agriculture, Forestry, and Fishing

Division B. Mining

Division C. Manufacturing

Division D. Transportation, Communications, Electric, Gas and Sanitary Services

Division E. Services

Discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users. Sanitary waste, for purpose of this calculation of equivalency, shall be wastes of normal or domestic concentration as defined in this Ordinance.

(b) Any non-governmental user who discharges wastewater to the District's sewers which wastewater contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other waste, to contaminate the sludge of the municipal sewer systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

"Industrial Waste" shall mean any solid, liquid or gaseous substance or form of energy rejected or escaping in the course of any industrial manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.

"Lateral" shall mean that part of the sewer system extending from a sewer to the property line; or, if no such Lateral shall be provided, then "Lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any customer service line.

"Manager or General Manager" shall mean the General Manager of the Jefferson County Public Service District wastewater facilities or said person's agent or representative.

"May" is permissive (see "Shall, below).

"Municipality" shall mean any city, town, village, county utility district, town sanitary district, and where used in this Ordinance shall further mean the municipality which has jurisdiction at the point in question.

"Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

"Normal Concentration" shall mean:

(a) 5--day 20 degree C., BOD of not more than 200 mg/l.

(b) A suspended solids content of not more than 250 mg/I.

"Normal Wastewater" shall mean wastewater in which BOD or suspended solids concentration do not exceed normal concentration.

"Operation and Maintenance" shall mean costs to the District for the provision of labor, utilities, supplies, equipment maintenance, and other normal costs necessary for the provision of sewage service. Operation and maintenance includes replacement

"Owner" shall mean any person vested with ownership, legal or equitable, sole or partial, in any real property.

"Person" shall mean any individual, firm, company, municipal, or private corporation, association, society institution, enterprise, governmental agency or other entity.

"pH" shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter as determined by "Standard Methods'.

"Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and dispension of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one--half (1/2) inch (1.27 centimeters) in any dimension.

"Public Sewer" shall mean a sewer in which all owners of abutting

properties have equal rights, and is controlled by public authority.

"Public User" shall mean any user which is a Municipality as defined herein.

"Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.

"Right of Way" or "Easement" shall mean an acquired legal right for the specific use of land owned by others.

"Sanitary Sewer" shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. Septic tank installed by the PSD as part of the District sewage collection system will also be considered as sanitary sewers.

"Service Area" shall mean the area served by Jefferson County Public Service District,

"Sewage" is the spent water of a community. The preferred tern is 'wastewater."

"Sewer" shall mean a pipe or conduit for carrying wastewater.

"Sewer Service Charge" shall mean a charge levied on users of wastewater facilities for the cost of operation, maintenance, and debt service of such facilities. The term operation and maintenance includes Replacement. The Sewer Service Charge may also include debt service and other costs related to the wastewater facilities.

"Sewer System" shall mean all wastewater facilities, owned by the District for collecting, pumping, treating and disposing of sanitary sewage or industrial wastes.

"Shall" is mandatory; "May" is permissive.

"Significant industrial user" shall mean any industrial user that will contribute greater than 10 percent of the design flow or design pollutant loading of the treatment works.

"Single Family Dwelling" shall mean any room, group of rooms, house trailer or ocher enclosure occupied or intended for occupancy as separate living quarters by a facility or ocher group of persons living together, or by persons living alone.

"Slug" shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period longer than fifteen (15) minutes more than five (3) times the average twenty--four (24) hour concentration or flows during normal operation, and which adversely affects the collection system and/or performance of the wastewater treatment works.

"Storm Sewer" shall mean sewer which carries storm and surface waters and drainage, but excludes wastewater and industrial wastes, other than polluted cooling water.

"Suspended Solids" shall mean total suspended matter that either floats on the surf of, or is in suspension In water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for Examination of Water and Wastewater" and referred to as nonfilterable residue.

"Unpolluted Water" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

"Wastewater" shall mean the spent water of a community. Prom the standpoint of source, It may be a combination of the liquid and water--carried Wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.

"Wastewater Facilities" shall mean the structures, equipment, and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

"Wastewater Treatment Works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "waste-- water treatment plant" or "Water pollution control plant."

"Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently

ARTICLE II

USE OF PUBLIC SEWERS REQUIRED

1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within any area served by the District, any human or animal excrement, garbage or other objectionable waste.

2. It shall be unlawful to discharge to any natural outlet within any areas served by the District, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

3. Except as hereinafter provided, it shall, be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage within any area served by the District. Septic tank installed as a part of the Jefferson County PSD sewage collection system shall be an exception.

4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the boundaries served by the District and abutting an any Street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the District, is hereby required at his expense to install suitable toilet facilities therein, and. to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within thirty (30) days after date of official notice to do so.

5. All houses, buildings, or properties used for human occupancy, employment, recreation or other purposes situated with the District located within 200 feet of the sewer system, shall be required to connect with the sewer system, if such can be done by gravity feed.

ARTICLE III

PRIVATE WASTEWATER DISPOSAL

1. Where a public sanitary sewer is not available under the provision of Article II, 4, and with the approval of the District, any building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.

2. Before commencement of the construction of a private wastewater disposal system or additions to an existing private wastewater disposal system, the owner shall first obtain a written permit from the office of the District's Sewer Inspector.

3. The type, capacity, location, and layout of a private wastewater disposal system shall comply with all requirements of the State of West Virginia.

4. The owner sha1l operate and maintain the private wastewater disposal facility in a sanitary manner at all times.

5. No statement contained in this section shall be constructed to interfere with any requirements that may be imposed by the West Virginia Department of Health.

6. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Article II, 4, the building sewer shall be connected to said sewer within ninety (90) days and the private wastewater disposal system shall be cleaned of sludge and filled with sand, gravel, or similar material, or the system shall be completely removed. All cost for close out of the private wastewater disposal system shall be born by the owner of the property served.

ARTICLE IV

BUILDING SEWERS AND CONNECTIONS

1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances without first obtaining a written permit from the District's Manager ii it is a District owned sewer.

2. There shall be two (2) classes of building sewer permits: (I) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or the owner's agent shall make application on a special form furnished by the District, with such fore being approved by the District. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the District or the Manager. Any permit and inspection fee required by the District shall be paid to the District at the time the application is filed.

3. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

4. A separate and independent building sewer shall be provided for every building intended for human habitation or occupancy, except as provided in article 11.6.

5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the District's Sewer Inspector to meet all requirements the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District.

6. The site, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District..

7. In buildings in which any building drain is Coo low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain way be lifted by an approved means and discharged to the building sewer at the owner's expense.

8. Roof--leaders, swimming pool drains, surface drains, ground water drains, foundation footing drains, and other clear water drains shall be connected wherever possible with a storm sewer, but they shall not be connected to a building sewer which discharges into a sanitary sewer or private wastewater treatment plant. A11 such connections existing at the time of passage of this Ordinance shall thereafter be illegal. If storm water or clear water is being discharged into a sanitary sewer, the District shall give the offending person 30 days notice to disconnect. Failure to disconnect after such notice shall authorize the District to cause disconnection end assessment of the costs of such disconnection against the property involved. The District may, in the alternative, institute action for violation of this subsection.

9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing coda or other applicable rules and regulation's of the District.

10. The applicant for the building sewer permit shall notify the District Sewer Inspector when the building sewer is ready fog' inspection and connection to the public sewer. The connections shall be made under the supervision of the Sewer Inspector or his representative.

11. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the District.

ARTICLE V

CONDITIONS TO USE OF THE PUBLIC SEWERS

1. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, swimming pool water, or unpolluted industrial process waters to any sanitary sewer.

2. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural cutlet approved by the District or other regulatory agencies. Industrial cooling water or unpolluted process waters may be discharged, on approval of the District and other regulatory agencies having Jurisdiction, to a storm sewer or natural outlet.

3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

a. Any gasoline, benzene, naphtha, fuel, oil, or ocher flammable or explosive liquid, solid, or gas.

b. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

c. Any waters or wastes having pH lower than 3.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

d. Solid or viscous substances in quantities or of such site capable of causing obstruction to the flow In sewers, or other Interference with the proper operation of the wastewater facilities such as, but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, car, plastic , wood, unground garbage, whole blood, pouch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, sanitary napkins, etc. either whole or ground by garbage grinders.

4. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, will not result in violation of the WPDES permit of the facility treating the waste, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.

The Manager may set limitations lower than any limitations established in the regulations below it in the Manager's opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the wastewater treatment plant, and other pertinent factors shall be considered. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall riot be violated without approval of the Manager are as follows:

a. Wastewater having a temperature higher than 150 degree Fahrenheit (65 degree Celsius).

b. Wastewater containing mere than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

c. Wastewater from Industrial plants containing oils, fat, grease, wax, or any other similar substance which float or solidify in the wastewater facilities.

d. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

e. Any waters or wastes containing aluminum, cadmium, copper, lead. mercury, selenium) silver, chromium, zinc, and similar objectionable or toxic substances.

t. Any waters or wastes containing odor-producing substances.

g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by any State or Federal regulations.

h. Quantities of flow, concentrations or both which constitute a "slug" as defined herein.

i. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having Jurisdiction over discharge to the receiving water.

j. Any Water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gaits, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

5. If any waters are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristic enumerated in Subsection 4 of this Section, and which in the judgement of the Manager, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the manager shall

a. Require pretreatment to an acceptable condition for discharge to the public sewers,

b. Reject the wastes,

c. When considering the above alternatives, the Manager shall give consideration to the economic impact of each alternative on the discharger. If the Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Manager.

6. Grease, oil and sand interceptors shall be provided when, in the opinion of the District or the Manager, they are necessary for the proper handling of liquid wastes containing floatable grease or other substances specified in Subsection 4e, or any flammable wastes, sand, or other harmful ingredients; except chat such interceptors shall net be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the District and the manager and shall be located as to be readily and easily accessible for cleaning and Inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the District and the Manager. Any removal and hauling of the collected materials riot performed by owner(s) personnel must be performed by currently licensed waste disposal firms.

7. Where pretreatment or flow--equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

8. When required by the Manager, the owners of any property serviced by a building sewer carrying industrial Wastes shall install a suitable structure together with such necessary meters and other appurtenances In the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessible and shall be safely located and shall be constructed in accordance with plans approved by the District and the Manager. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

9. The Manager may require a user of sewer services to provide information needed to determine compliance with this Ordinance. These requirements may include:

a. Wastewater discharge peak rate and volume over a specified time period.

b. Chemical analysis of wastewaters.

c. Information on raw materials, processes, and products affecting wastewater volume and quality.

d. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

e. A plot plan of savers for the user's property showing sewer and pretreatment facility location.

f. Details of wastewater pretreatment facilities.

g. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

10. All measurements, tests arid analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health 4ssociatton and 4O CFR 136. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Manager.

11. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted for treatment subject to payment therefore at rates established by the District.

12. Accidental Discharges. The accidental discharge of any prohibited waste into any sewer shall be reported to the District and the Manager by the person responsible far the discharge, or by the owner at occupant of the premises where the discharge occurs, immediately upon obtaining know1edge of such discharge so that steps may be taken to minimize its effect on the treatment plant.

13. Exemption Meters. in the event that a person discharging wastes into public sewers produces evidence satisfactory to the District that significant amounts of the total annual volume of metered water used for all purposes does not reach the sanitary Sewer, the person may be permitted to have an exemption water meter(s) installed. Said Meter(s) shall be approved by the District. All costs shall be at the expense of the person requiring the meter(s) including installation and any piping revisions required to insure that only water not reaching the sanitary sewer is metered by the exemption meter. The District may establish charges for each size meter to compensate for furnishings, reading, and servicing the meter. The amount of exemption water metered shall be subtracted from the total amount at water used by the person to determine the applicable user charge. Regardless of the amount of metered exemption water, no user shall be charged for less than one Domestic User Equivalent. (See Article VIlI).

ARTICLE VI

MISCELLANEOUS

1. Protection from Damage

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

2. Powers and Authority of Inspectors

a. The Manager and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the sewer system in accordance with the provisions of this Ordinance.

b. The Manager or other duly authorized employees of the District are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. However, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

c. While performing the necessary work on private properties referred to in Section 2a above, the Manager or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the District's employees, and the District shall indemnify the company against 10s or damage to its property by their respective employees and against liability claims end demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V 8.

d. The Manager and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry arid subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property Involved.

3. Penalties

a. Any person found to be violating any provision of this Ordinance except Article VI 1, shall, be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

b. Any person who shall continue any violation beyond the time limit provided for in Subsection (a) shall, upon conviction thereof, pay a forfeiture in the amount not exceeding $300.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

c. Any person violating any of the provisions of this Ordinance shall become liable to the District and others, as their interests may appear, for any expense, loss, or damage occasioned the District or others by reason of such violation₁including any costs in connection with repairing damages to the wastewater facilities or any downstream user or facilities damaged as a result of a prohibited discharge or any other violation of this Ordinance.

4. Validity

a. The invalidity of any section, clause, sentence, or provision of this Ordinance shall not effect this validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

ARTICLE VII

CHARGES

1. Category A - Sewer Service Charge - Normal Flows and Strengths

The District shall charge each of the users for the costs of the District applicable to the particular 'User. The District shall bill each user bi-monthly for Operation and Maintenance and other charges in accordance with applicable provisions in the Wastewater Rate Ordinance. For new Users, the User Charges shall be applicable at the time of final inspection of the sewer lateral by the District's inspector. charges to each User viii be based on each user's metered water flaw and/or Domestic User Equivalent (DUE) value with charges and DUE's determined as follows;

a. A single family residence will equal at least one DUE.

b. A duplex housing unit will equal at least two DUE's.

c. Multi-family housing units will be charged at least for one DUE for each separate apartment.

d. Multi-use Buildings, such as a mixture of a commercial establishment, with a residence or apartments will be charged a minimum of one DUE for each separate commercial user and residence/apartment. Should there be an incidental commercial use combined with a residence, with no significant additional flow being generated by the commercial use, these would not be an additional charge for the commercial use. Should there be multiple offices or shops in one building, the DUE value will be determined based on estimated flow from all of the offices and shops.

e. Commercial, public, or industrial users will be charged on the basis of their metered or estimated flow divided by the average flow per residential customer. The average residential flow' shall be assumed to equal 21,900 gallon. per quarter (240 gallons per day). DUE's shall be established to the nearest 0.25 DUE. One DUE will equal 21,900 gallons per quarter and the minimum value for any user shall be 1.0 DUE.

f. The District may at their option install metering, and charge based on metered flow in excess of one DUE. In no instance will a cost less than one DUE be assessed.

If commercial or industrial users obtain all or any part of their water from sources other than a public water utility, all or any pare which Is discharged into the public sewers, the user shall be required to have a water meter or meters installed for the purpose of determining the volume of water obtained from these other sources. Should the District determine that the water usage is too small to justify a meter, the District shall have the authority to waive this requirement and a rare shall be established based on estimated water usage and the provisions in this Ordinance. Schedule A attached shall be used as the basis for such rates. AU, costs in connection with the water meter Installation shall be at the expanse of the user. The District may charge for each meter to compensate for reading and servicing the meter.

Quarterly user charges shall be as determined in the Wastewater Rate Ordinance,

2. Standby User Charge. Any users not connected to the Wastewater Facilities within 30 days of being notified in writing to do so, shall be charged a standby service charge amounting to a minimum charge of the full user charge established for that user in accordance with the Wastewater Rate Ordinance. Full User Charge wi1l be charged when the User connects to the sewer system.

3. Connection Charges. Each new user connecting to the sewer system, or who requests a lateral stub to a vacant property, shall be charged a connection charge payable to the District, Said connection charge shall apply to all connections in any of the sewer system tributary, and/or a part of the District's sewer system, resulting from new construction, where such connections are made after placing into operation the District's sewers which service a tributary system, or alter the date specified in the District's notice for each user to connect, at the option of the District. Charges shall be established as follows, and as specified in the Wastewater Rate Ordinance. Connection charge DUE's shall be established on the basis of Schedule "A" with the same right of Appeal as given in Section 6 of the Wastewater Rate Ordinance.

EXCEPTION-- If the District has a Main Line Agreement with a Developer and the PSC has approved this agreement, the connection fee will be waived.

4. Industrial Waste Pretreatment. In the event the District provides pretreatment of industrial wastes, the entire cost of such pretreatment shall be charged to the user producing the. industrial wastes. The costs shall include but not be limited to capital expenditures, operation and maintenance expanses, labor, chemicals, heat and power.

5. Contract Basis. Nothing in this Ordinance shall prohibit the District from providing wastewater services to users outside the Franchise area of the District.

6. Remedy for Failure to Pay Charges. The District shall make each charge levied by or pursuant Co this Ordinance, a lien upon the corresponding lot, land, or premises served by a connection to the sanitary sewer System of the District and if the same is not paid within the period allotted for such payment the District shall provide for said Charge to constitute a lien on the property served and be inserted in the county's tax roll.

The charges levied pursuant to this Ordinance shall be collected by the District at their office. The District shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical and efficient operation, management and protection of the District's Wastewater facilities.

7. Annual Audit. An audit of the District's financial standing shall be made annually on a calendar year basis. This audit will be used to review the adequacy of the then existing rates and said rates shall be adjusted if necessary to provide sufficient revenues to adequately finance the District, operation in accordance with the original intent of the rate structure. The annual audit and review shall also be used to insure that each recipient of sewage service (or user class) is charged in proportion to the cost of providing said recipient (or user class) with sewage service.

8. Replacement Fund,. Annual income, from the Sewer Service Charge which constitute funds required for "Replacement" shall be separately accounted.

SCHEDULE A

DOMESTIC USER EQUIVALENTS (DUE'S) FOR VARIOUS USERS

Type of User	DUE's
1. Residential

Single Family Residence	1
Duplex	2
Apartments	1 per apartment
Condominium	1 per Unit

2. Commercial /Industrial

Bar	0.04 per seat
Bowling Alley	0.35 per Lane
Car Wash	Average Daily Flow in gpd-275*
Church	1
Factory	0.08 per Employee plus Process Waste in gpd-275
Garage	1.0 per 4000 sq. ft. plus car wash
Hospital	0.75 per Bed
Hotel	0.25 per Bedroom
Laundromat	Average Daily Flow in gpd-275**
Motel	0.2 per Bedroom
Nursing Home	0.5 per Bed
Restaurant: Normal Operation	0.04 per Seat
24 hour	0.6 per Seat
Retail Stores and Small Businesses	1.0 per 3000 square ft.
Schools: Boarding	0.35 per Student
Elementary	0.03 per Student and Faculty
High	0.04 per Student and Faculty
Service Station: Normal Location	1 plus Car Wash*
Free Way Location	2 Plus Car Wash*
Shopping Center	1.0 per 4000 Square Feet
Supermarket	1.0 per 4000 Square Feet

*Car Washes to be considered separately upon application based on estimated flow from facilities involved.

**Flow to be estimated based on equipment installed.

Notes:

1. Special conditions may dictate deviations from the DUE values indicated.

2. Each DUE equals 240 gallons per day (gpd) 87,600 gallons per year.

3. User charges for other than Residential users will be based on metered flow where meters are required.

4. DUE's shall be established to the nearest 0.25 DUE. The minimum value for any user shall be 1.0 DUE.

SAMPLE WASTEWATER RATE ORDINANCE

APPENDIX C

WASTEWATER RATE ORDINANCE FOR. THE JEFFERSON COUNTY PUBLIC SERVICE DISTRICT

JEFFERSON COUNTY, WEST VIRCINIA

BE IT ORDAINED AND ENACTED BY THE JEFFERSON COUNTY PUBLIC SERVICE DISTRICT, as follows:

SECTION 1: BASIS

1.01 Residential Sewer Users. Any person with single family residences or multiple family residences discharging wastewater Into the municipal sanitary sewer system shall be charged for wastewater collection and treatment cervices on the basis of metered water flow converted to "Domestic User Equivalents" (DUE's) as defined in the Sewer Use Ordinance. These users shall be classified Category A users.

1.02 Public, Commercial, and Industrial Sewer Users. Those public, commercial and industrial sewer users that discharge normal domestic strength wastewater shall be charged for wastewater collection and treatment services on the basis of metered water usage converted to DUE's as in Category A.

1.03 Category B Sewer Users shall pay for wastewater collection and treatment services on the basis of water meter readings on water supplies and/or sewer meter readings on wastewater discharges. The person shall furnish and install the water and/or sewer meters at his expense and with prior approval from the District.

1.04 All users whose DUE ratings are based on water metered flows shall be rated annually on the basis of the preceding first quarter flow reading. Each user shell be grouped according to the table shown below.

Metered Water

(First Quarter)

Group	1000 Gallons	DUE Rating
R - 1	0 - 21.9	0 - 1.0
R - 2	21.9 - 32.85	1.0 - 1.5
R - 3	32.85 - 43.8	1.5 - 2.0
R - 4	43.8 - 54.75	2.0 - 2.5
R - 5	54.75 - 65.7	2.5 - 3.0
R - 6	65.7 - 87.6	3.0 - 4.0
R - 7	87.6 - 109.5	4.0 - 5.0
R - 8	109.5 - 219.0	5.0 - 10.0
R-9	Greater than 219.0	Greater than 10.0

If a users volume of metered water in any other quarter exceeds the maximum value for the range of the user's group, the user will be billed for only the maximum amount of water within the users' range, unless be District determines that these excess flows are actually entering the sewer system.

In such case the user will be regrouped as is deemed appropriate by the District.

Section 2: AMOUNT OF SEWER SERVICE USER CHARGES

2.01 Category A shall be those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of biochemical oxygen demand (BOD) no greater than 200 mg/l and suspended solids no greater than 250 mg/l. The sewer service charge for Category A wastewater is $ /DUE/Month.

Operation & Maintenance

Debt Service

Total $ /month

2.02 Category B shall be those sanitary sewer users who discharge wastewater with concentrations in excess of 200 mg/l of BOD and 250 mg/l of suspended solids. Users whose wastewater exceeds the concentrations for any one of these parameters shall be in Category B. The sewer service charge for Category B wastewater is as follows:

Volume Charge $________/1,000 gallons

Surcharges $________/1,000 gallons

BOD $ /1,000 gallons

Suspended Solids $________/1,000 gallons

2.03 Reassignment of Sewer Users. The District will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs and other related information indicate a change of categories is necessary.

SECTION 3: CONNECTION CHARGES

3.01 All. Category A and B users shall pay a one--time connection charge per DUE of $ . DUE's shall be assigned in accordance with the procedures specified in the Sewer User Ordinance. All such assignments shall be subject to appeal in accordance with Section 4 of this 0rdinance.

SECTION 4: APPEALS

4.01 Any user affected by any decision, action, or determination made by the District Manager in implementing this ordinance may file with the Manager a written request for re reconsideration within 10 days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's requires for consideration. The Manager shall render a decision on the request for consideration to the user, permit applicant, or permit holder in writing within 13 days of receipt of request. It the ruling on the request for reconsideration made by the Manager is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the District Board.

The written appeal shall be heard by the District Board within 45 days from the date of filing. The District shall make a final ruling on the appeal within 60 days from the date of filing.

SECTION 5: VALIDITY

5.01 All ordinances or parts of ordinances in conflict herewith are hereby repealed.

5.02 The invalidity of any section, clause, of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

This Ordinance becomes effective upon passage and publication as provided by Law.

Adopted this ____22________ day of April, l998

JEFFERSON COUNTY PUBLIC SERVICE DISTRICT

Stanley Zombro, Chairman