W. Va. Code R. § 150-35-5

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

Section 150-35-5 - Notice of availability of Innovative, Alternative Sewage Disposal Service

5.1. Public service districts and municipal sewer utilities.

5.1.a. Publication and personal service required, generally. -- When Innovative, Alternative Sewage Disposal Service is made available to customers in an area that has not previously been served by the municipal sewer utility or public service district, the municipal sewer utility or public service district shall publish a notice in a newspaper of general circulation in the area affected and provide notice by personal service to customers in the area affected.

5.1.b. When publication is not required. -- Publication is not required when Innovative, Alternative Sewage Disposal Service is extended to a single customer at the customer's request.

5.1.c. Notice by publication. -- The municipal sewer utility or public service district shall publish notice of the availability of Innovative, Alternative Sewage Disposal Service once a week for two consecutive weeks, with the second notice being published at least thirty (30) days prior to the date that the municipal sewer utility or public service district intends to begin billing for services.

5.1.d. Notice by personal service. -- The municipal sewer utility or public service district shall provide notice to all potential customers either by certified mail, return receipt requested, by personal service with signed and dated receipt, or by posting a notice on the premises. If the premises to be served is not inhabited by the owner, notice shall be given to the owner by certified mail, return receipt requested, in addition to giving notice to the inhabitant of the premises. In the event that the municipal sewer utility or public service district is not able to effect personal notice after a good faith effort, or if the municipal sewer utility or public service district believes that the requirements of this section create an undue hardship, the municipal sewer utility or public service district may petition the Commission for a waiver of the requirements to provide personal notice.

5.1.e. Notice requirements. -- Both the published and personal notice shall state, at a minimum, the following information:

5.1.e.1. that sewer services are available

5.1.e.2. the date that the municipal sewer utility or public service district will begin billing for sewer services

5.1.e.3. the municipal sewer utility's or public service district's rates

5.1.e.4. that the municipal sewer utility may petition the circuit court to compel connection to the sewer system, or that W. Va. Code § 16-13A-9 authorizes the public service district to petition the circuit court to compel connection to the sewer system

5.1.e.5. the location and telephone number of the municipal sewer utility's or the public service district's business office

5.1.e.6. the amount of the bill to be rendered by the municipal sewer utility or by the public service district as provided by W. Va. Code § 16-13A-9, in the event a customer does not connect to the system.

5.2. Utilities other than public service districts and municipal sewer utilities. -- All of the publication and personal service provisions set forth above apply, except that the publication and personal notice shall not state that the sewer utility may petition the circuit court to compel connection to the sewer system.

W. Va. Code R. § 150-35-5