W. Va. Code R. § 150-35-1

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-35-1 - General

1.1. Scope. -- These rules govern the operation and service of Innovative, Alternative Sewage Disposal Service systems subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code § 24-2-1.

1.2. Authority. -- W. Va. Code §§ 24-1-1, 24-1-7, 24-2-1, 24-2-2, 24-2-5, 24-2-7, 24-2-8, 24-2-9, 24-3-2, 24-3-5, 16-13A-2, 16-13A-9, and 8-18-23.

1.3. Filing Date. -- November 22, 2011.

1.4. Effective Date. -- January 23, 2012.

1.5. General.

1.5.a. These Rules for the Government of Innovative, Alternative Sewer Systems, 150CSR35 (Innovative, Alternative Sewer System Rules), supplement the current Commission Rules for the Government of Sewer Utilities, 150CSR5 (Sewer Rules). Whenever there is any conflict between the Sewer Rules and the Innovative, Alternative Sewer System Rules for matters relating to Innovative, Alternative Sewage Disposal Service systems, the more specific provisions of the Innovative, Alternative Sewer System Rules, 150CSR35, shall apply. For matters relating to Innovative, Alternative Sewage Disposal Service systems that are not addressed in the Innovative, Alternative Sewer System Rules, the provisions in the Sewer Rules shall apply.

1.5.b. These rules are intended to insure adequate service to the public via Innovative, Alternative Sewer Disposal Service systems, to provide standards for uniform and fair charges and requirements by the utilities and their customers, and to establish the rights and responsibilities of both utilities and customers.

1.5.c. The adoption of these rules in no way precludes the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility or standard, either upon complaint or upon its own motion, or upon the application of any utility.

1.5.d. These rules will not relieve in any way a utility from any of its duties under the laws of this State.

1.6. Application of rules.

1.6.a. These rules apply to all public utilities as defined in Sewer Rule 1.7, 150CSR5-1.7.

1.6.b. If hardship results from the application of any Innovative, Alternative Sewer System Rule or if unusual difficulty is involved in immediately complying with any Innovative, Alternative Sewer System Rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions. Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

1.7. Definitions.

1.7.a. "Available Innovative, Alternative Sewage Disposal Service" -- the utility, private or public, has installed and/or agreed to maintain such systems for a fee based on metered water usage when available or a flat rate.

1.7.b. "Cluster" -- a small group of customers located in a remote area served by a single Innovative, Alternative sewage disposal system.

1.7.c. "Innovative, Alternative Sewage Disposal Service" -- a system that relies on underground dispersal of treated wastes, small media based treatment facilities receiving effluent from customers and discharging treated effluent to either streams or to underground dispersal areas, home aeration units, individual onsite septic systems installed and/or maintained by a sewer utility and other non-traditional technologies designed to meet the wastewater treatment needs of customers in remote areas where large public sewer facilities are not available. Innovative, Alternative Sewage Disposal Service may be provided to an individual customer or a cluster. Relating to the application or interpretation of the Innovative, Alternative Sewer System Rules, the terms "Innovative", "Alternative" and "Innovative, Alternative" may be used interchangeably.

1.7.d. "User Agreement" -- a written agreement between the sewer utility and the customer who receives Alternative, Innovative Sewage Disposal Service from the sewer utility.

W. Va. Code R. § 150-35-1