W. Va. Code R. § 150-36-2

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

Section 150-36-2 - Records, Reports and Other Information to be Supplied to the Commission

2.1. Records and reports.

2.1.a. Preservation of records - All records required by these rules shall be preserved by the stormwater utility in the manner prescribed by the Commission.

2.1.b. Location of records.

2.1.b.1. Such records should be kept at the office or offices of the applicable public service district with stormwater authority in West Virginia and shall be available during regular business hours for examination by the Commission or its duly authorized representative.

2.1.b.2. If kept outside the State, such records shall be brought to the public service district's office in West Virginia upon request of the Commission, or the public service district may be required to pay the reasonable traveling expenses of Commission employees assigned to examine the records.

2.1.c. Reports to the Commission - Upon Commission request, a public service district shall furnish to the Commission the results of any test or tests required to be made, or the information contained in any records required to be kept by the public service district or any further information in its possession respecting its rates, charges, or practices, without formal order of the Commission requiring the release of such information.

2.2. Filing of rate schedules and certificates of public convenience and necessity.

2.2.a. Tariffs containing rates and rules of each utility shall be filed in the manner prescribed by the Commission in "Rules for the Government and Filing of Tariffs," 150 CSR 2 effective as amended or modified by the Commission.

2.2.a.1. Any rate schedules established pursuant to these rules shall be based on the principal that customers shall pay rates that are based primarily on the cost of the service provided by the stormwater utility and that reflect the proportionate contributions to the total stormwater flows through the utility made by each customer class. Fee schedules developed pursuant to these rules shall be based on the methodologies that are in accordance with this cost allocation principal and acceptable to the Commission.

2.2.b. Certificates of public convenience and necessity shall be requested pursuant to the "Rules of Practice and Procedure," 150 CSR 1.

2.3. Utility's special rules.

2.3.a. The utility shall be subject to and comply with the provisions of Rule 2.3 of the "Rules for the Government of Sewer Utilities," 150 CSR 5. Any utility establishing special rules shall include those rules in its tariff.

2.4. Financial and statistical report.

2.4.a. The utility shall be subject to and comply with the provisions of Rule 2.4 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

2.5. Uniform system of accounts.

2.5.a. All stormwater utilities shall maintain their accounts and records in compliance with the Uniform System of Accounts for sewer as promulgated in 1996 by the National Association of Regulatory Utility Commissioners for Class A, B and C sewer utilities. In the event that the sewer uniform system of accounts is insufficient for proper accounting, the utility may add appropriate account titles or subaccounts. The utility shall notify the Commission of added account titles or subaccounts, including account numbers, and the Commission may direct alternative modifications to the system of accounts.

2.5.b. Observance of the system of accounts applicable to the utility by appropriate class is obligatory upon all persons having direct charge of the books and accounts of the utility. For the purpose of securing uniformity in the applications of this system, all questions of doubtful interpretation of accounting rules are to be submitted to the Commission for consideration and decision.

2.5.c. The classification of stormwater public service districts for purposes of keeping accounts in accordance with the Uniform System of Accounts for sewer shall be as follows:

Classification	Revenue Level
A.	$1,000,000 or more
B.	$200,000-$999,999
C.	less than $200,000

2.6. Maps and records.

2.6.a. Each utility shall keep on file suitable maps, plans, and records showing the entire layout of pipes, retention ponds, open channels, water quality devices, curbs and gutters, ditches, swales, pump stations, bio retention, stormwater wetlands, and any other technology necessary for the management of stormwater, used in the collection and treatment of stormwater.

2.6.b. In addition to paper copies of maps and records, if required by another governmental entity or agency pursuant to any permits, laws or regulations, each Stormwater Project Designer shall be required to submit to the utility as-built electronic data files for all projects that are public in nature or could reasonably be acquired by the stormwater utility, in addition to the paper copies.

2.6.c. In the case of new construction or property acquired from others, updates to utility maps and records should be made no later than the end of the next calendar year following the year in which the construction is done or property acquired. All drawings shall have the scale clearly shown and be of sufficient detail to accurately depict the project or property.

2.6.d. In general, where present maps of existing facilities are not entirely up to date, special surveys to locate any plant or stormwater facilities will not be required immediately, but maps must be updated as prescribed by the Commission.

2.7. Management Audits.

2.7.a. Scope - The utility shall be subject to and comply with the provisions of Rule 2.7 of the "Rules for the Government of Sewer Utilities," 150 CSR 5.

W. Va. Code R. § 150-36-2