The purpose of this chapter is to provide for the maximum possible
beneficial public use of the Town of Elkton treatment works through
regulation of sewer construction, sewer use, and wastewater discharges;
to provide for equitable distribution of the costs of the treatment
works; and to provide procedures for complying with the requirements
contained herein.
A.
The definitions of terms used in this chapter are found in Article II. The provisions of this chapter shall apply to the discharge of all wastewater to treatment works of the Town. This chapter provides for use of the Town's treatment works, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment, equitable distribution of costs, assurance that existing customers' capacity will not be preempted, approval of sewer construction plans, issuance of user permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this chapter.
B.
This chapter shall apply to the Town of Elkton and to persons outside
the Town who are, by contract, permit or agreement with the Town,
users of the Town's treatment works.
Except as otherwise provided herein, the Director of the Town's
Public Works Department shall administer, implement, and enforce the
provisions of this chapter.
A.
All fees and charges payable under the provisions of this chapter
shall be paid to the Town and collected by the Town Treasurer. Such
fees and charges shall be as set forth herein or as established in
the latest approved rate schedule.
B.
All user fees, penalties and charges collected under this chapter
shall be used for the sole purpose of constructing, operating or maintaining
the treatment works of the Town, or the retirement of debt incurred
for same.
C.
All fees and charges payable under the provisions of this chapter
are due and payable upon the receipt of notice of charges. Unpaid
charges shall become delinquent and shall be subject to penalty and
interest charges as provided for in the most recent adopted water
and sewer rate structure.
D.
Sewer bills; penalty; disputing correctness of bills; right of hearing
and appeal.
(1)
All meters for measurement of sewage usage shall be read monthly,
weather permitting, and the bills for sewer service provided shall
become due on the day of reading. If any such bill is not paid by
the 26th day of the month in which such bill is rendered, or within
10 days of the date such bill is mailed, whichever comes later, a
10% penalty shall be added.
(2)
It is the policy of the Town to discontinue water and sewer service to customers by reason of nonpayment of a bill only after notice and meaningful opportunity to be heard on disputed bills. If any bill is not paid by the date specified in Subsection D(1) of this section, a second bill will be mailed containing a cutoff notice that if the bill is not paid within five working days of the mailing of the second bill, service will be discontinued for nonpayment.
(3)
Any customer disputing the correctness of the bill shall have a right
to a hearing, at which time he or she may be represented in person
and by counsel or any other person of his or her choosing and may
present orally or in writing his or her complaint and contentions
to the Town Treasurer at the Treasurer's office in the Municipal
Building, Elkton, Virginia, during regular working hours. The Town
Treasurer is authorized to order that the customer's service
not be disconnected and to make a determination of the customer's
complaint. Request for delays and waiver of payment will not be entertained;
only questions of proper and correct billing will be considered. The
decision of the Town Treasurer may be appealed within five working
days to the Mayor, in writing, and the Mayor is authorized to make
a final determination of the customer's complaint.
(4)
Notice of the customer's right to a hearing and appeal for the
purpose of disputing the correctness of a bill as herein provided
shall be given to all new customers applying for water and/or sewer
service and shall be sent by regular mail with second bills and cutoff
notices, which notices shall indicate the address and telephone number
of the Town Treasurer whereby a hearing may be requested.
E.
Installment payments of sewer availability and connection fees.
(1)
Installment payments of the sewer availability/connection fees for
single-family residences and duplexes (no more than two residential
units) may be approved for certain property owners who qualify under
this section. The approval of installment payments is to be administered
by the Town Manager or his authorized designee.
(2)
The Town Manager and/or his/her authorized representative is hereby
authorized to approve on behalf of the Town installment payments of
sewer availability/connection fees if the property owners meet any
of the requirements detailed below:
(b)
The owner of the title or partial title to the property is 65 years of age or older at least 120 days prior to the installation or scheduled installation date, whichever comes first, of the sewer line and meets the requirements in Subsection E(3) below.
(c)
The owner of the title or partial title to the property is under 65 years of age and is permanently and totally disabled and meets the requirements in Subsection E(3) below.
[1]
The owner shall possess a certification by the Social Security
Administration, the Veterans Administration, or the Railroad Retirement
Board, or, if such person is not eligible for certification by any
of these agencies, a sworn affidavit by two medical doctors licensed
to practice medicine in the commonwealth, to the effect that such
person is permanently and totally disabled. For purposes of this section,
a person is permanently and totally disabled if he is so certified
and is found by the Town Manager to be unable to engage in any substantial
gainful activity by reason of any medically determined physical or
mental impairment or deformity which can be expected to result in
death or can be expected to last for the duration of such person's
life.
[2]
The affidavit of at least one of such doctors shall be based
upon a physical examination of such person by such doctor. The affidavit
of one of such doctors may be based upon medical information contained
in the records of the Civil Service Commission which are relevant
to the standards for determining permanent and total disability. Such
medical affidavits shall be filed with the Town Manager at such time
as the applicant files a sewer line fee payment plan application.
(e)
The owner(s) of the title to the property desires to connect to the Town's sewer line and the total combined income during the immediately preceding calendar year from all sources of the owner(s) of the property and any of the owner's relatives who are either living in the dwelling at the time of application or anticipated to live in the dwelling within six months from the date of application, does not exceed the amount set forth in Subsection E(3)(c) below. This provision shall be applicable to existing dwellings or construction of a new dwelling.
[Added 3-27-2017]
(3)
Installment payments shall be subject to the following provisions:
(a)
Title to the property for which the exemption is sought must
be held or partially held by the applicant at least 120 days prior
to the installation, or scheduled date of installation, whichever
comes first, of the sewer line.
(b)
The dwelling to be connected to the sewer line must be the sole
dwelling of the applicant claiming hardship.
(c)
The total combined income of the owner(s) and the owner's
relatives living in the household during the year immediately preceding
the installation, or anticipated to live in the dwelling within six
months from the date of application, does not exceed $65,000.
[Amended 3-27-2017]
(e)
The net combined financial worth of the owner shall not exceed
$80,000, excluding the fair market value of the house to be connected
to the sewer line. Net combined financial worth shall include the
value of all assets, including equitable interests, of the owner and
of the spouse of the owner.
(4)
If approved, the terms of such payments shall be all availability/connection
fees shall accrue interest at the rate of 5.0% per annum and shall
be paid in equal monthly payments over a six-year period. The first
payment shall be due on submission of the Town's payment plan
affidavit and all following payments shall be due along with the sewer
fee payment each month until paid in full. All outstanding principal
plus accrued interest shall automatically become due and payable in
full upon any conveyance of the property.
[Amended 3-27-2017]
(5)
At the time of approval, the property owner shall execute a promissory
note payable to the Town and a deed of trust against the property
securing payment, which deed of trust shall be recorded in the Clerk's
Office of the Circuit Court of Rockingham County, Virginia, and which
documents shall be prepared by the Town. The property owner shall
be responsible for payment of all recording fees and the costs of
preparing the documents.
(6)
The Town Manager is hereby authorized and empowered to prescribe,
adopt and enforce such rules and regulations, including the requirement
of answers under oath, as may be reasonably necessary to determine
qualifications for installment payments. The Town Manager may require
the production of certified tax returns and appraisal reports to establish
income and financial worth.
(7)
Persons applying for an availability/connection fee payment plan
under this section must file with the Town Manager an availability/connection
fee payment plan affidavit, setting forth, in a manner prescribed
by the Town Manager, the location and value of the property to be
connected to the sewer line, the names of the persons related to the
owner and occupying the dwelling, their gross combined income and
their net combined financial worth. If such applicant is under 65
years of age, medical certification or affidavits, as set forth above,
shall also be filed with the Town Manager.
(8)
If, within 12 months after the payment plan is obtained under this
section, the applicant's financial position should change so
that its effect would be to remove the person holding the exemption
from within the limits and standards of this section, then the remaining
balance shall be immediate due and payable.
(9)
Any person falsely claiming an exemption or violating any provisions
of this section shall be guilty of a Class 1 misdemeanor.
(10)
Owners shall only be entitled to make installment payments on
one property per owner.
F.
Inflow and infiltration surcharges. The Town reserves the right to
charge a reasonable fee as set for in the adopted water and sewer
rate structure for any contributions of inflow and infiltration that
directly result from illegal drainage connections that have been identified
during inspection of premises and have not been corrected within the
subsequent billing cycle. The property owner will be required to provide
documentation to the Town that any illegal connections have been corrected.
A.
The Town Manager, Public Works Director and/or authorized representative
or authorized state or federal officials, bearing the proper credentials
and identification, shall be permitted to enter all premises where
an effluent source or treatment system is located at any reasonable
time for the purposes of inspection, observation, measurement, sampling
and/or copying records of the wastewater discharge to ensure that
discharge to the treatment works is in accordance with the provisions
of this chapter.
B.
The Town Manager, Public Works Director and/or authorized representative,
bearing proper credentials and identification, shall be permitted
to enter all private property through which the Town holds an easement
for the purposes of inspection, observation, measurement, sampling,
repair, and maintenance of any of the Town's treatment works
lying within the easement. All entry, and any subsequent work on the
easement, shall be done in final accordance with the terms of the
easement pertaining to the private property involved.
C.
While performing any necessary work on private properties referred to in Subsections A and B above, the Town Manager, Public Works Director and/or authorized representative shall observe all safety and occupational rules established by the owner or occupant of the property and applicable to the premises.
No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is a part of the Town's treatment works. Any
person who violates this section shall be guilty of a misdemeanor
and, upon conviction, is punishable by a fine or imprisonment to the
maximum extent allowed by law.
If any provision of these regulations, or the application of
any provision of these regulations to any person or circumstances,
is held invalid, the application of such provision to other persons
or circumstances, and the remainder of the regulations, shall not
be affected thereby.
Public notice shall be given in accordance with applicable provisions
of the Town Charter, other Town ordinances, state and federal law,
prior to adoption of any amendments of this chapter.
