West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-05 - Rules For The Government Of Sewer Utilities
Section 150-5-7 - Utility Facilities; Service Pipes; Extension of System
Universal Citation: 150 WV Code of State Rules 150-5-7
Current through Register Vol. XLI, No. 13, March 29, 2024
7.1. Adequacy of facilities.
7.1.1. The collecting system of every sewer
utility shall be designed, constructed, maintained and operated to receive and
transport the sewage from its customers' outlets to its treatment plant without
undue delay.
7.1.2. Where the
terrain is such that pumping or lift stations must be provided, such facilities
must have the approval of the Bureau for Public Health and the Department of
Environmental Protection and be operated under the rules of the Bureau for
Public Health and the Department of Environmental Protection.
7.1.3. When a new sewer utility proposes to
construct and operate a sewer service business, its entire plant layout shall
be approved by the Bureau for Public Health and the Water Resources Division of
the Department of Environmental Protection.
7.1.4. Construction and maintenance of plant.
-- A utility shall at all times construct and maintain its entire plant and
system to furnish safe, adequate and continuous service.
7.1.5. Inspection of plant. -- A utility
shall inspect its plant and facilities in such manner and with such frequency
as is necessary to ensure a reasonably complete knowledge as to conditions and
adequacy at all times. Such inspections must comply with the legally applicable
requirements of the Minimum Federal Safety Standards (Federal Occupational
Health and Safety Administration) and the Bureau for Public Health and the
Department of Environmental Protection.
7.1.6. Records of conditions. -- Records
necessary for the proper maintenance of the system and in accordance with the
Bureau for Public Health and the Department of Environmental Protection and the
Minimum Federal Safety Standards shall be kept of the conditions found. In
special cases, a more complete record may be specified by the
Commission.
7.1.7. Records of
operation. -- A utility shall keep a record of the operation of its plant,
which, so far as practical, shall show sufficient details of plant operation as
is necessary to substantially reproduce its daily operations. The utility shall
also maintain the records in accordance with the requirements of the Minimum
Safety Standards and the Bureau for Public Health and the Department of
Environmental Protection.
7.1.8.
Report to Commission. -- A utility shall, upon request of the Commission, file
with the Commission a statement regarding the condition and adequacy of its
plant, equipment, and facilities, and of its operations and service in such
form as the Commission may require.
7.2. Utility Service Pipe.
7.2.1. Where the service pipe is required for
the immediate and continuous use for general service to premises abutting the
public street or right-of-way in which mains are located, the utility will
furnish, install, and maintain the utility service pipe and appurtenances
between the main in the street up to the customer's point of service at or near
90 degrees to the main. All such service pipes and appurtenances shall be
installed only by the utility unless by prior written agreement.
7.2.2. The utility shall determine the
location of the utility service pipe.
7.2.3. The utility shall install and
maintain, at its own cost and expense, all of the utility service pipe to the
point of service, regardless of the side of the road on which the customer is
located in reference to the main line. The utility shall designate the point of
service on the customer's side of the road.
7.2.4. The utility shall not make any charge
for furnishing and installing any permanent service connection, unless the
utility has prior approval of the Commission to charge a tap fee and the same
is set forth in the utility's tariff on file with the Commission.
7.2.5. The utility service pipe shall remain
under the utility's sole control and jurisdiction.
7.2.6. The customer shall not attach any
fixtures to, or make any branches in, the utility service pipe between the
point of service and the main. Violation of this rule may result in termination
of service pursuant to these rules.
7.2.7. A utility shall install temporary
service connections for construction or other temporary purposes at the cost of
the applicant.
7.2.8. A utility
shall adopt standard methods of installation where practicable and file a
written description and drawings to provide a clear understanding of the
requirements.
7.2.9. Availability
defined. -- Sewer service will be deemed available to a customer when a main is
installed and maintained by the utility in a location and at a 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
premises into the utility's facilities.
7.3. Customer Service Pipe.
7.3.1. No customer, plumber, company owner or
any agent shall connect to the utility's main or to any utility service pipe,
or extend the pipes therefrom to any premises for the purpose of securing sewer
service, until application has been made therefor to the utility as provided in
these rules and the_utility has granted permission in writing.
7.3.2. Once a utility grants an application
for service, the customer shall install and maintain the customer service
pipe.
7.3.3. The utility's
authorized employee shall inform the customer of the location of the point of
service. The customer shall install the customer service pipe to the point of
service after which the utility will install the utility service pipe from the
main to the point of service.
7.3.4. Where the utility's service pipe is
already installed to the point of service, the customer shall connect with the
utility service pipe as installed.
7.3.5. The customer service pipe shall be
installed in a workmanlike manner, shall conform to all reasonable rules and
regulations of the utility, and shall be maintained by the customer at the
customer's expense.
7.3.6. The
utility will specify the size, kind, quality and location of all materials used
in the customer's service pipe and the customer shall comply with those
specifications.
7.3.7. A customer
must maintain the customer service pipe in good condition and free from all
leaks and defects, at the customer's cost and expense. A customer's failure to
comply with this rule may result in termination of water or sewer service
pursuant to these rules.
7.3.8. The
customer's service pipe shall be laid below the frost line at all points and
shall be placed on firm and continuous earth so as to give unyielding and
permanent support; and be installed in a trench at least two (2) feet in a
horizontal direction from any other trench wherein gas pipe, water pipe, or
other facilities, public or private, are or are to be installed.
7.3.9. A customer's service pipe shall not
pass through or across any premises or property other than that to be served.
If a property served as of September 14, 2021 is later subdivided resulting in
the original customer's service pipe crossing the subdivided property that will
be occupied by a new customer, the original customer and new customer must have
separate service pipes. The original customer must obtain a right-of-way for
the original customer's service pipe on subdivided sections of property before
title of such section passes to a new owner.
7.3.10. The customer's service pipe and all
connections and fixtures attached thereto shall be subject to the inspection of
the utility before use, and all premises, including any and all fixtures within
the said premises, shall at all reasonable hours be subject to inspection by a
duly authorized employee of the utility.
7.3.11. The utility shall make changes and
bear the full costs of changes in the customer's service pipe required due to
changes in grade, relocation of mains, and other causes not related to the
customer. The customer shall bear the full costs of changes in service pipe or
meter location desired by the customer for the customer's
convenience.
7.3.12. The customer
shall not attach any fixtures to, or make any branches in, the customer service
pipe between the point of service and the premises served. Violation of this
rule may result in termination of service pursuant to these rules.
7.3.13. The connection of surface drains to
the sanitary system is prohibited. As a means to deter prohibited connections
where surface or ground water is introduced into the sanitary system, the
utility may add a surcharge to the customer's sewer bill where evidence of a
violation exists. The surcharge shall be authorized by separate schedule to the
utility's sewer tariff filed pursuant to the Rules for the Construction
and Filing of Tariffs, 150CSR2, but the utility need not file revenue,
expense, or other financial data unless otherwise ordered by the Commission.
The charge for roof drains, downspouts, storm sewers or similar facilities
connected to the sanitary sewer system will be calculated by the formula or
rate clearly stated in the tariff, and will not be cumulative to any metered
rate for sewer service. The tariff should further provide that the surcharge
will not be imposed unless and until the customer is notified by certified
mail, return receipt requested, or by hand delivery, that it has been
established by smoke testing, dye testing, or on-site inspection that rain or
surface water is being introduced into the sanitary sewer, and that the
customer has thirty (30) days to divert that water from the sanitary
sewer.
7.4. Extension of mains to serve new customers.
7.4.1. A sewer
utility, whether publicly or privately owned, is under a public service
obligation to extend its mains, and its plant and facilities to serve new
customers within its service area who may apply for service
7.4.2. The utility shall make extensions in
all cases in which the public convenience and necessity require the service,
construction problems are not unusual or burdensome, and the extensions appear
to be economically feasible, except that a utility shall first consider an
application for an alternate main extension when applicable.
7.4.3. For any proposed extension of mains to
be installed by a utility, a reasonable relationship should exist between the
per customer investment to serve new customers and the per customer investment
to serve old customers.
7.4.4. A
utility shall make every effort to install its main line in the public road
right-of-way or in a utility right-of-way abutting the public road
right-of-way.
7.4.5. Extension for
general sewer service.
7.4.5.a. The utility
will respond to all inquiries regarding new sewer service, whether oral or
written, by explaining all available options for obtaining service under these
rules, including the option of an alternate main extension agreement, pursuant
to Rule 7.4.8.g.
7.4.5.b. The
utility will, upon written request for service in the form of Sewer Form No. 4,
by a prospective customer or group of prospective customers located in the same
neighborhood, determine the necessary size of main required to give service and
make an estimate of the cost of providing the requested service, using the form
of Sewer Form No. 5, including pipe, valves, manholes, fittings, necessary
materials, permits, labor costs incurred by the utility when the utility
externally contracts for the construction of the extension, or internal labor
costs, provided such internal or external costs are not recovered in existing
rates, and other applicable related costs. When a road crossing(s) is (are)
necessary to serve the customer(s) requesting service, the cost estimate shall
not include costs attributable to extending the main across the first road
(closest to the already existing main), but shall include the costs of
installing the main across a second and any subsequent road(s). The utility
will provide the written estimate calculated using Sewer Form No. 5 to the
customer in the form of Sewer Form No. 6, no more than forty (40) days from the
receipt by the utility of the written request for service, except that the
utility will provide the written estimate to the customer no more than twenty
(20) days following a denial of a request for an alternate main extension
agreement pursuant to Rule 7.4.8.g. The written estimate shall include an
estimated construction start date and an estimated time of construction. If the
prospective customer believes that any part of the estimate is unreasonable,
the customer is free to pursue an informal request for assistance from the
Commission staff or to file a complaint with the Commission. Further, the
utility and the customer shall execute a Main Line Extension Agreement.
Commission Staff may be consulted to provide assistance and sample forms. The
agreement must include as an attachment a copy of this extension rule. The
utility shall keep an executed copy of the agreement for at least six (6)
years. The length of the extension required shall be that length required to
extend from the new proposed service area to the nearest point of connection to
the utility system having sufficient excess capacity to provide service at
maximum demand.
7.4.5.c. Whenever
the utility is required to extend service from an existing main to property
that does not immediately abut the utility's right-of-way or the public road
that contains the utility main, the extension shall be considered a main
extension and the cost responsibility shall be determined under Sewer Rule
7.4.5.
7.4.5.d. Where the cost of
the extension does not exceed the estimated total net revenue, as calculated
below, from prospective customers whose service pipes will immediately be
connected directly to the extension and from whom the utility has received
applications for service upon forms provided by the utility for this purpose,
the utility will install, at its own cost and expense, the necessary extension;
provided, that the patronage or demand will be of such permanency as to warrant
the capital expenditure involved.
7.4.5.d.1.
Net annual revenue shall be gross annual revenue minus an amount equal to the
excess usage leak adjustment rate approved for the utility times the
applicant's usage used for the_purposes of this rule, with this difference
further reduced for any revenue based taxes.
7.4.5.d.2. The utility will base revenue on
the average usage by customer class at the_time of the extension, unless
circumstances of the applicant show this would result in significant error. For
non-residential units, the utility will base annual revenue on typical
consumption for comparable units published by the American Water Works
Association.
7.4.5.d.3. Estimated
total net revenue for private, for profit, utilities will be calculated as six
(6) times estimated net annual revenue. Each such utility shall file for a
utility-specific line extension multiplier within twelve (12) months of the
effective date of these rules.
7.4.5.d.4. The utility-specific line
extension multiplier for private, for profit, utilities shall be based on one
(1) divided by the utility's net fixed charge rate. The net fixed charge rate
shall equal a function of the utility's weighted cost of capital, applicable
income tax rates, and the Commission approved depreciation accrual
rate.
7.4.5.d.5. Estimated total
net revenue for associations, municipal, and public service district utilities
will be calculated as five (5) times estimated net annual revenue. If the
Commission_approved excess leak adjustment for the utility fails to include all
of the incremental costs of serving a new customer that should properly be
netted out from the total revenues of the utility, the utility may apply to the
Commission for a determination of the proper amount to be deducted from gross
revenues to arrive at an appropriate determination of net revenue.
7.4.6. Extensions beyond
the limit of utility-financed extensions of general sewer service.
7.4.6.a. If the utility-estimated cost of the
proposed extension required in order to furnish general sewer service exceeds
the utility's estimate of total net revenue as determined by Sewer
Rule_7.4.5.d., the utility will make the extension if the applicant or the
applicant's authorized agent contracts for the extension and deposits in
advance with the utility the estimated cost of the extension over and above the
limit of the utility-funded portion of the extension. The utility shall not pay
nor be liable for any interest on such cash deposits. The utility shall make
the extension after receiving the cash deposit. The utility shall, for each
bona fide new customer who, within a period of ten (10) years from the making
of such extension, directly connects to the extension between its original
beginning and original terminus refund to the original depositor(s), an amount
equal to the estimated total net revenue of the new customer as determined by
Sewer Rule 7.4.5.d., but in no event shall the aggregate refund made to the
depositors exceed the original deposit. Provided, however, that associations,
public service districts and municipal sewer utilities may elect to refund the
estimated amount over a period of five (5) years making payments no less
frequently than every six (6) months.
7.4.7. Alternate Depositor-Financed Extension
Plan.
7.4.7.a. Qualifying utilities. -- The
above requirements notwithstanding, the utility may decline to finance the
portion of a requested extension that would be utility-funded, if it can
demonstrate that it has no prospect of any reasonable internal or external
financing through commercial loans, grants, or through an installment
arrangement with an entity installing the extension or providing the necessary
materials.
7.4.7.a.1. If the utility declines
to finance the portion of a requested extension that would be the financial
responsibility of the utility, the utility shall file for a waiver of the
extension rule within sixty (60) days of the written request.
7.4.7.a.2. Before filing for a waiver, the
utility must first estimate the extension costs.
7.4.7.a.3. A request for a waiver by a
utility shall be accompanied by supporting documentation justifying its
request, including cost estimates, documentation of inability to finance,
internally or externally, through commercial loans, grants or an installment
arrangement with an entity installing the extension or providing the necessary
materials.
7.4.7.a.4. If the
Commission finds that the utility has reasonably declined to finance the
portion of the requested extension that would otherwise be utility-funded, the
Commission shall authorize the use of the alternate depositor-financed
extension plan as described below.
7.4.7.b. Description of alternate
depositor-financed extension plan. -- Under the alternate depositor-financed
extension plan, the utility shall make the extension after:
7.4.7.b.1. receiving a cash deposit equal to
the full amount of the extension cost; and
7.4.7.b.2. agreeing to give the depositor(s),
who is a customer, a monthly bill credit totaling one hundred percent (100%) of
the actual net bill(s) from the date service is initiated and until the total
credits given equal the estimated total net revenue as defined in Sewer Rule
7.4.5.d.; and
7.4.7.b.3. agreeing
to refund to the original depositor(s) an amount equal to estimated total net
revenue as defined in Sewer Rule 7.4.5.d. of each bona fide customer, other
than the depositor(s), who, within a period of ten (10) years from the
construction of the extension, directly connects to the extension between its
original beginning and the original terminus. The refund may be spread out over
a five (5) year period with the utility making payments no less frequently than
every six (6) months. The refunds shall continue until the total refunds given
equal the estimated total net revenue as defined in Sewer Rule
7.4.5.d.
7.4.7.c. In no
event shall the total refund made to the depositor(s) under Sewer
Rule_7.4.7.b.3. exceed the original deposit of the depositor(s).
7.4.7.d. The utility shall not pay nor be
liable for any interest on the cash deposits associated with line
extensions.
7.4.8.
General provisions.
7.4.8.a. If the actual
cost of the extension is less than the estimated cost, the utility will refund
the difference as soon as the actual cost is ascertained, but in no event later
than ninety (90) days after completion of construction of the extension. When
the actual cost of the extension exceeds the estimated cost, the utility will
bill the depositor for the difference between the estimated and the actual
cost. The utility will not pay interest on the applicant's payment or on any
balance that is refunded.
7.4.8.b.
In estimating the cost of an extension, the utility will base the estimate on
the diameter of the pipe to be used; provided, that the estimated cost to the
customer or customers shall not be based on a pipe diameter greater than the
diameter of the main from which the extension is to be made, unless actual use
estimated for the proposed customer or customers required a larger
pipe.
7.4.8.c. Extensions made
under this rule shall be and remain the property of the utility.
7.4.8.d. The utility reserves the right to
further extend its sewer mains from and beyond the extension made under this
rule, and the depositor or the depositor's agent paying for an extension shall
not be entitled to any refund for customers attaching to such further extension
or branch mains so installed.
7.4.8.e. In determining the length of main
extensions or of sewer line to be installed in an urban area when land is
subdivided in lots, the main, or sewer line (if installed by an entity other
than a utility), shall be extended to fully cover the frontage of the property
and if the last lot to be served is a corner lot, the terminal point of the
extension made hereunder shall be located so that the sewer line ties in with
the intersecting street. If there is no main located in the intersecting
street, the terminal point of the extension shall be located at the nearest
street line of the intersecting street. In rural areas or open land areas, the
extension required will be that length necessary to adequately serve the
applicant.
7.4.8.f. Before sewer
lines are laid in any new subdivision, the road surface shall be brought to the
established sub-grade as determined by the agency having
jurisdiction.
7.4.8.g. Alternate
Main Extension Agreements.
7.4.8.g.1. A
utility may enter into an agreement with an applicant that complies with the
Commission approved checklist attached hereto as Sewer Form No. 7, in providing
an alternate plan for a_main extension. Commission Staff may be consulted to
provide assistance and sample forms.
7.4.8.g.2. An applicant desiring to enter
into an alternate main extension agreement should submit a written request to
the utility.
7.4.8.g.3. A utility
will, within twenty (20) days of receipt of the written request to enter into
an alternate main extension agreement, consider the request and submit a
response to the applicant indicating the utility's approval or denial of the
request.
7.4.8.g.4. If the utility
denies the request to enter into an alternate main extension agreement, the
utility will provide the applicant with a detailed explanation of its decision
and explain the available options for obtaining service under these rules. If
the applicant believes that a denial is unreasonable, the applicant is free to
pursue an informal request for assistance from the Commission staff or to file
a complaint with the Commission.
7.4.8.g.5. In providing an alternate plan for
main extensions a utility may not discriminate between customers whose service
requirements are similar.
7.4.8.g.6. An alternate main extension
agreement shall be filed with and approved by the Commission prior to the
implementation or execution of the agreement by any of the parties. The
agreement shall include the name, address and phone number of the parties to
the agreement. The agreement shall also include a provision explaining why the
utility is not funding the extension. The agreement must attach a copy of Sewer
Rule 7.4., and a statement signed by the prospective customer that the customer
has reviewed and understands the provisions of Sewer Rule 7.4.6. which entitles
a customer to refunds and that the customer knowingly waives such rights, if
applicable. Failure to obtain Commission approval will result in the loss of
the right to obtain reimbursement from the utility. If an entity other than the
utility constructs the extension, upon completion of construction and proper
utility inspection of the extension, the utility shall initiate service only
after proper transfer of title to all facilities including property, plant and
rights-of-way incidental to the furnishing of utility service.
7.4.8.h. Contract for service. --
A utility is not required to make utility-funded extensions or refunds as
described in this rule unless those to be served by such extensions shall
guarantee to the utility that they will take the service at the premises within
thirty (30) days after service is available or as otherwise mutually agreed in
a user's agreement.
7.4.8.i.
Construction conditions. -- A utility will undertake construction of line
extensions, as provided in this rule, promptly after all applications are
completed, necessary right-of-way agreements or rights of entry are delivered
to the utility, and all prospective customers have signed contracts.
7.4.8.j. Right-of-Way.
7.4.8.j.1. If construction of an extension
involves the acquisition of a private right-of-way, then the prospective
customer shall attempt to secure the right-of-way and deliver it to the utility
free of cost before construction of the extension begins.
7.4.8.j.2. If, however, it is not reasonably
possible for the prospective customer or customers to secure the right-of-way,
and the construction of an extension involves the utility's incurring expense
for right-of-way easements, either by purchase or condemnation, the utility
will add those costs to the total cost of the extension.
7.4.8.j.3. As a condition to obtaining a main
extension, property owner or developer must grant the utility the necessary
easements which would allow the utility to make future extensions into unserved
areas. The property owner or developer will grant the necessary easements
without requiring the utility to pay additional consideration for the
additional easements to the property owner or developer. If the property owner
or developer is unwilling to grant the additional easements, the utility shall
not be required to extend its main to serve the property owner or
developer.
7.4.8.k. Upon
the proper filing of a Tariff Rule 42A, 42R, 42T, 19A, or 19R rate case or a
certificate case filed pursuant to W. Va. Code §
24-2-11 by the utility, the
utility may seek to include in its tariff a Capacity Improvement Fee, Capacity
Assurance Fee or such other fee or charge designed to raise capital to cover
the cost of future capacity expansion to be assessed against customers or
entities creating those costs.
7.4.9. Community infrastructure investment
agreements with municipal utilities and public service districts.
7.4.9.a. Municipal utilities and public
service districts may enter into "community infrastructure investment
agreements" in accordance with the provisions of W. Va. Code §
22-28-1 et seq.
7.4.9.b. A utility that has entered into
"community infrastructure investment agreements" pursuant to W. Va. Code §
22-28-1 et seq. shall maintain
separate books and records for the project areas involved in the agreements.
For purposes of this section, the project areas for which separate books and
records are required include plant upgrades and stand alone systems.
7.4.9.c. A utility that has entered into
"community infrastructure investment agreements" pursuant to W. Va. Code §
22-28-1 et seq. shall file (i) a
copy of the certificate of appropriateness, (ii) a copy of the community
infrastructure investment agreement, and, if necessary, (iii) a new tariff
containing rates applicable to the new service area. The utility shall file the
required documents with the Commission no later than thirty (30) days of the
date the project is transferred to the utility.
7.4.9.d. If rates for the new customers
served by a public service district's project are higher than the rates for the
public service district's existing customers, the public service district
shall, within ninety (90) days of the date the project is transferred to the
public service district, make a formal rate application with the Commission in
order to justify the higher rates to the new customers. A municipality shall
enact an ordinance increasing rates, if necessary, within ninety (90) days of
the date the project is transferred to the municipality.
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