Charges for Services — Classification of Customers — Contracts for Collection of Sewer Charges — Appeals
Checkout our iOS App for a better way to browser and research.
The authority may fix the price or charges for its water and waste treatment services rendered to users within and without the service area of the authority; provided, that the rates charged must be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of such class of customers or service.
In classifying customers served or service furnished by such system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors:
The difference in cost of service to the various customers;
The location of the various customers within and without the service area of the authority;
The difference in cost of maintenance, operation, repair and replacement of the various parts of the system;
The different character of the service furnished various customers;
The quantity and quality of the sewage delivered and the time of its delivery;
Capital contributions made to the system, including, but not limited to, assessments; and
Any other matters which present a reasonable difference as a ground for distinction.
As used in this subsection (c):
“Sewer” means waste water collection and/or treatment; and
“Sewer service charges” includes all moneys properly charged to sewer service customers and owners of properties receiving sewer service.
The board may enter into contracts with any public or private corporation providing sewer services within the jurisdiction, or with any utility district or municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges; and the authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered:
To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise;
To discontinue water service to sewer users who fail or refuse to pay sewer service charges;
Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by such customer; and
Not to reestablish water service for any customer until such time as all past due sewer service charges owed by such customer have been paid.
Such public corporation, utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by the provisions of any such contract or contracts.
The rates, prices, or charges for water, wastewater, and reuse or recycled wastewater may be flat rate, proportional to usage, or a combination thereof.
Any person aggrieved by an appealable action of the board, or the board's officers or employees, may appeal the action by filing a written notice of the challenged action stating:
The action being appealed;
The date of the appealed action;
The manner in which the person is aggrieved;
Each factual or legal basis for the appeal; and
The relief sought.
A notice of appeal shall be dated and signed by the appellant and shall include the appellant's mailing address and telephone number, and, if available, the appellant's electronic mail address.
A notice of appeal shall be filed with the authority's executive director, or the executive director's designee, within fifteen (15) days immediately following the date of the action being challenged in the notice.
The authority shall establish rules and procedures governing the method for consideration of appeals filed pursuant to this subsection (e). The authority shall make copies of the rules and procedures available to their customers and post a copy of their rules and procedures at the authority's principal office and on the authority's web site.
The authority shall determine all factual and legal issues raised in an appeal and shall state in writing to the aggrieved person the reasons for its decision.
Any judicial review of the disposition of an appeal shall be by common law certiorari filed in a court of competent jurisdiction in the county where the authority's principal office is located. No change in the authority's fees, rates, charges, penalties, or deposits shall be stayed unless the plaintiff posts an adequate bond sufficient to compensate the authority for any losses incurred as a result of the stay.
As used in this subsection (e), “appealable action”:
Means:
An action relating to the authority's duty to establish, charge, administer, and collect fees, rates, charges, penalties, and deposits; and
Other decisions based on the authority's rules and procedures that the authority designates as appealable actions; and
Does not include any action relating to the issuance of bonds or debt, any civil service plan, or any other action not identified in subdivision (e)(3)(A).
This part shall not authorize or permit any class action lawsuits against any authority, except as to holders of the authority's bonds under § 68-221-611.
This part shall not grant a private right of action, except as to holders of the authority's bonds under § 68-221-611.
The procedures established pursuant to this subsection (e) shall constitute the exclusive method of review of actions of the board and the board's officers and employees, except as to holders of the authority's bonds under § 68-221-611 and employees in a civil service plan under § 68-221-613.