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Click for 2004 Sewer ordinance

A RESOLUTION ESTABLISHING THE POLICY AND PRACTICES OF THE JEFFERSON COUNTY PUBLIC SERVICE DISTRICT IN RESPONDING TO REQUESTS FOR SEWER SERVICE.

WHEREAS, the Jefferson County Public Service District ("District") wishes to make sewer service available in a timely manner to all prospective customers who are genuinely in need of service, to honor commitments previously made to provide service, to clarify to prospective customers the terms and conditions under which service will be available, and to assist Charles Town in complying with its commitment to the Health Department that the Charles Town Wastewater Treatment Plant ("CTWWTP") will not exceed its rated capacity;

WHEREAS, the District suspended the issuance of commitment to serve letters on March 24, 2004 in response to Charles Town Utility Board's allocation of remaining capacity at its plant which resulted in the District having no capacity to release to its prospective customers;

WHEREAS, the Charles Town Utility Board has expressed a willingness to revoke its March 24, 2004 allocation of capacity and, instead, to serve all prospective customers of Charles Town, Ranson and the District on a first-come-first-serve basis;

WHEREAS, it is necessary to establish additional procedures in order to make sewer service available to prospective customers who are in need of wastewater service and who will in fact commence using that service in the near future;

WHEREFORE, it is hereby resolved and enacted by the Jefferson County Public Service District, as follows:

I. Treatment of Applicants Who Received a Commitment Letter Prior

to March 24, 2004.

The District shall mail by certified mail to each of its applicants who received a commitment letter prior to March 24, 2004, a letter in the form of Attachment A requiring said applicants to file a document with the District within ten (10) days of receipt of the certified letter, indicating whether the applicant expects to be able to comply with the terms set forth in Section V. Should such an applicant fail to respond within ten (10) days or indicate that it does not expect to be able to comply with such terms, the District's obligations under its commitment-to-serve letter shall be extinguished.

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II. Requirements of Requests for Service Received After March 24, 2004.

In order to be accepted by the District for further processing, letters requesting a commitment of sewer service from the District must include: (i) documentation demonstrating final plat approval or confirmation that the property is exempt from final plat approval; (ii) posting of any required bonds with any appropriate governmental authority; and (iii) documentation demonstrating recordation of the final plat and/or presentation of evidence that the property to be served is of record. For requests for capacity received prior to the adoption of this resolution, such requests will be considered in the order received provided such applicants comply with this provision within ten days of receipt of a copy of this resolution.

III. Processing of Requests for Service Received after March 24, 2004.

The District shall obtain capacity for customers at the CTWWTP on a first-come, first-serve basis. The definition of "first-come, first-serve basis" is as follows:

(a) All applications or requests for capacity meeting the requirements of Section II shall be time and date-stamped by the District.

(b) Upon receipt of a request for a commitment letter, the District shall notify the Charles Town Utility Board of the request, specifically including the number of equivalent dwelling units ("EDUs") requested by the applicant. By the close of business on the fifth working day after the inquiry is made by the District, Charles Town is obligated to provide the District with written notice whether it has capacity available for the applicant.

(c) If Charles Town determines that it has sufficient capacity available, the District shall issue the applicant the form commitment to serve letter attached hereto as Attachment B setting forth the requirements for the applicant to receive service.

(d) If Charles Town determines that it does not have sufficient capacity to serve the applicant, it shall record the date and time of the application on a waiting list. The District shall inform the applicant in writing that capacity is not currently available, and that it has been placed on the waiting list with Charles Town. More capacity will become available as prior commitments to serve made by the District, Ranson, and Charles Town are extinguished for failure to comply with conditions attendant to the commitment to serve letters. When capacity becomes available, Charles Town is obligated to inform the District of the availability of capacity. The District shall then issue a commitment letter in the form of Attachment B for that applicant.

IV. Obligations of All Applicants Who Receive a Commitment Letter from

the District.

a. Requirement of all applicants:

(i) Applicants who receive or have received a commitment letter from the District shall file all applications necessary to obtain a building permit or permits within seven (7) business days of receipt of the aforementioned commitment letter and provide the District with confirmation from the appropriate governmental authority that the building permit application has been made. This confirmation shall be delivered to the District within fourteen (14) business days from the issuance of the commitment letter.

(ii) In the event an applicant shall fail to complete any of the actions specified herein and provide the District with confirmation of the completion of such act or actions within the time frames specified herein, the District's obligations under its commitment to serve letter are thereby extinguished. The District shall provide the applicant with written notice by certified mail of such extinguishment. Applicants may re-apply for service, subject to the same terms, conditions and procedures applicable to all requests for service made after July 12, 2004.

(iii) Commitment letters are not transferable to structures other than those for which the original request was made.

(iv) Applicants who have received a commitment letter acknowledge that the ability of the District and the City of Charles Town to furnish service is subject to continuing legal authority to provide such service by state regulatory agencies, specifically including the Public Service Commission of West Virginia, the Division of Environmental Protection, and the Department of Health. Applicants who have received commitment letters assume the risk of any order from these or any other competent legal authorities delaying or preventing the delivery of service by the providing utility.

(v) For good cause shown, the District may request a waiver of these rules to the City of Charles Town Utility Board, and Ranson, which will vote upon such a request by a majority vote, with each entity having one (1) vote.

b. Requests for service to single family homes and townhouses.

(i) Applicants who receive or have received a commitment letter will be required to demonstrate to the District within sixty (60) days of the date of issuance of the building permit that the structure or structures to be served have passed foundation inspection as required by and in accordance with the applicable building code and appropriate jurisdiction.

(ii) Applicants who have received a commitment letter for service for single family homes or townhouses must demonstrate to the District within one hundred and eighty (180) days of issuance of the building permit that the structure or structures have passed the framing inspection as required by and in accordance with the applicable building code and appropriate jurisdiction.

(iii) The applicant shall be required to complete an application for service upon the earlier of (i) the issuance of an occupancy permit; or (ii) one hundred and eighty (180) days following the issuance of a building permit. The applicant will thereafter be subject to the ordinary charges for service of the District based upon metered water usage or, if applicable, the District's unmetered water user charge.

c. Requests for service to commercial, industrial or apartment/condominium complexes.

(i) Applicants who have received a commitment letter to serve commercial or industrial structures or an apartment/condominium complex shall be required to demonstrate to the District within one hundred and twenty (120) days of the date of issuance of the building permit that the structure or structures to be served have passed foundation inspection as required by and in accordance with the applicable building code and appropriate jurisdiction. Failure of the applicant to do so shall extinguish the District's obligation to serve the applicant pursuant to the commitment letter.

(ii) Applicants who have received a commitment letter for service for commercial or industrial structures or an apartment/condominium complex shall be required to demonstrate to the District within three hundred and sixty (360) days of the date of issuance of the building permit that the structure or structures to be served have passed the framing inspection as required by and in accordance with the applicable building code and appropriate jurisdiction.

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(iii) The applicant shall be required to complete an application for service upon the earlier of (i) the issuance of an occupancy permit; or (ii) three hundred and sixty (360) days following the issuance of a building permit. The applicant will thereafter be subject to the ordinary charges for service of the District based upon metered water usage or, if applicable, the providing utility's unmetered water user charge.

VI. Notice to Other Authorities

(a) The District shall immediately inform Charles Town whenever any applicant who has received a commitment letter notifies the District that it will be unable to comply with the terms and conditions applicable to it.

(b) The District shall time and date stamp all requests for service received after adoption of this resolution.

(c) Upon receipt of a request for a commitment letter, the District shall notify the City of Charles Town of the request, specifically including the number of equivalent dwelling units ("EDUs") requested by the applicant. By the close of business on the fifth working day after the inquiry is made by the District, Charles Town is obligated to provide the District with written notice whether it has capacity available for the applicant. The District shall issue a confirmatory letter to Ranson regarding the resolution of the request.

(d) In the event an applicant fails to complete any of the actions required of it within the time frame specified herein, and the District's obligation under its commitment to serve letter is extinguished as a result thereof, the District shall so inform Charles Town in writing no sooner than ten (10) days after it has informed the applicant of the extinguishment of its commitment.

(e) For any applicant which has received a building permit and has had its commitment letter extinguished, the District shall inform the governmental authority which issued the building permit of the extinguishment of the District's commitment to serve. The District shall also notify the water utility, if any, which will serve such applicant of the extinguishment of the District's commitment to serve.

This Resolution becomes effective upon passage.

Adopted this day of July, 2004.

JEFFERSON COUNTY PUBLIC SERVICE DISTRICT

Chairman

Attest: