W. Va. Code R. § 150-5-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-5-3 - Definitions
3.1. "Alternate main extension" - Any Commission-approved extension of the utility's mains to serve new customers that does not follow the general main extension provisions that are provided for under Rules 7.4.1 through 7.4.8.f.
3.2. "Applicant" -- A person, firm, corporation, municipality, public service district or any other entity that applies for sewer service.
3.3. "Available sewer service" -- Sewer service will be deemed available to a customer when a main is installed and maintained by the utility in such location and at such distance from the user's premises as may be provided by city ordinance or by the rules of the utility: Provided, that service shall not be deemed to be available unless the sewage will flow by gravity or be transported by such other methods approved by the Bureau for Public Health including, but not limited to, vacuum and pressure systems, approved under W. Va. Code § 16-1-9, from the customer's point of service into the utility service pipe.
3.4. Billing Related Dates.
3.4.2. "Bill due date" -- The date when the utility mails the bill.
3.4.3. "Latest pay date" -- The last date that the bill may be paid without incurring a late payment penalty. The latest pay date shall be no sooner than the 20th day following the date the utility mails the bill and must be stated on the face of the bill.
3.4.4. "Delinquent bill" -- Any bill issued by a public service district or a municipal system that has not been paid within twenty (20) days of the bill due date; or any bill issued by a sewer utility that is not a public service district or a municipal system within thirty (30) days of the bill due date. The date that a bill will become delinquent must be stated on the face of the bill.
3.5. "Commercial Service" -- Service to each separate business enterprise, occupation or institution occupying for its exclusive use any units or units of space as an entire building, entire floor, suite of rooms or a single room, and using water for such incidental use as the schedule of rates applicable to the particular installation may permit. Commercial service shall apply to all stores, offices, hotels, wholesale houses, garages, display windows, signs, theaters, barber and beauty shops, churches, opera houses, auditoriums, lodge halls, school houses, banks, bakeries and any other space occupied for commercial purposes. Any rooming house, lodging house, resort, inn or tavern renting more than four (4) rooms to strangers or transients without any previous agreement for accommodation or as to the duration of stay shall be classed as a hotel and as such it comes under the commercial classification.
3.6. "Commission" -- Whenever in these rules the words "Commission" or "Public Service Commission" appear, such word, or words, shall, unless a different intent clearly appears from the context, be taken to mean the Public Service Commission of West Virginia.
3.7. "Customer" -- Any such person, firm, corporation, municipality, public service district or any other entity who/that purchases a product or services from any utility including any such person, firm, corporation, municipality, public service district or any other entity who purchases such services or product for resale.
3.8. "Customer's Service Pipe" -- That portion of the service pipe from the point of service to the structure or premises supplied.
3.9. "Governmental Unit" -- Any municipality or other political subdivision or agency of the State of West Virginia or the Federal Government.
3.10. "Moratorium" -- A condition imposed on a utility by the Commission prohibiting service connections and/or reactivation of service for an entire system, or a portion thereof.
3.11. "Payment" -- Payment is made by any form of legal payment, including vouchers, that the utility accepts.
3.12. "Point of service" -- The point at which the utility's pipe and appurtenances connect the utility service pipe with the inlet connection of a customer's service pipe at or near the customer's property line or elsewhere if provided for in a user's agreement. The utility shall own and maintain all facilities located between the point of service and the main.
3.13. "Public Utility" -- Except where a different meaning clearly appears from the context, the word, or words, "Utility" or "Public Utility" when used in these rules shall include any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, engaged in the business of collecting, transporting, and/or treating sewage.
3.14. "Residential Service" -- Service to a householder or a tenant, living in a separate house or separate apartment in an apartment building, using water and sewer for general household service. If an_owner of a multiple apartment building undertakes to furnish water to tenants as a part of the tenants' monthly rent, then such service shall be classed as "Commercial." However, a close branch of a householder's family living with the householder and using the same water facilities shall not be classified as an additional service or as "Commercial." In cases where a householder or tenant devotes some portion of the occupied building to commercial use and uses the remainder as a residence then the predominate use of water shall constitute the basis for classification as either residential or commercial.
3.15. "Sewer Main" -- Sewer pipe owned, operated, or maintained by the utility located in a public right-of-way, street, alley, or private right-of-way, used for the purpose of collecting sewage and from which service connections for customers are taken. Any sewer pipe extending through a utility right-of-way across private property shall be a sewer main. Costs to install a sewer main across private property are subject to the cost-sharing provisions of Sewer Rule 7.4, unless a sewer main is extended pursuant to an alternate main extension agreement under Rule 7.4.5.b.
3.16. "Temporary Service Connection" -- A connection installed for temporary use provided that the customer's premises is located on a lot having a curb line abutting a street or public right-of-way in which is located a utility sewer main extending along the total frontage of the lot on said street or right-of-way, unless otherwise agreed to by the utility.
3.17. "Utility Service Pipe" -- That portion of the service pipe between the sewer main and the point of service.

W. Va. Code R. § 150-5-3