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The Pipeline Winter 2020News and Views from the Public Service Commission of West Virginia, West Virginia Board of RiskManagement, and West Virginia Department of Environmental Protection

In This IssueIn This Issue

PSC Strengthens Utilities.........1PSC Strengthens Utilities.........1

Water Meter Audits................2Water Meter Audits................2

Deferred PaymentDeferred PaymentAgreements.............................3Agreements.............................3

CWSRF American Iron and CWSRF American Iron and Steel Requirements.................5Steel Requirements.................5

What You Need to Know About What You Need to Know About Terminations.........................11Terminations.........................11

Tapper Says...........................12Tapper Says...........................12

Call 811 Before You Dig.........13Call 811 Before You Dig.........13

Contacts...............................14Contacts...............................14

The PipelineThe PipelinePublished quarterly by the Published quarterly by the Public Service CommissionPublic Service Commission

201 Brooks Street201 Brooks StreetPO Box 812PO Box 812

Charleston, WV 25323Charleston, WV 25323Email:Email:

ntincher@psc.state.wv.usntincher@psc.state.wv.usPhone: 304-340-0440Phone: 304-340-0440

Toll Free: 800-344-5113Toll Free: 800-344-5113Fax: 304-340-3759Fax: 304-340-3759

ContributorsContributorsJefferson Brady, DEPJefferson Brady, DEPRobert Cramer, PSCRobert Cramer, PSC

John Harper, PSCJohn Harper, PSCCharlotte Lane, PSCCharlotte Lane, PSCLaura Leport, PSCLaura Leport, PSC

Please Note:Please Note:The information contained in The information contained in this publication is based on the this publication is based on the current laws, rules, regulations current laws, rules, regulations and policies of the PSC, BRIM, and policies of the PSC, BRIM, DEP and EPA, and reflects the DEP and EPA, and reflects the personal or professional opinions personal or professional opinions of the individual contributors. of the individual contributors. Nothing contained in this Nothing contained in this publication should be construed publication should be construed as an adjudication on any specific as an adjudication on any specific factual situation or as a formal factual situation or as a formal opinion of the PSC, BRIM, DEP, opinion of the PSC, BRIM, DEP, or EPA unless it is clearly cited as or EPA unless it is clearly cited as such.such.

PSC Takes Steps to Strengthen Public Water and Sewer UtilitiesCharlotte R. Lane, Chairman, Public Service Commission of West Virginia

Recognizing that utilities must be financially stable in order to provide reliable and quality services to their customers, the Public Service Commission has recently taken several steps to strengthen water and sewer municipal utilities and public service districts across the state.

Senate Bill 234, passed by the Legislature in 2015, directed small public water and sewer utilities to maintain a working capital reserve of at least one-eighth of the utility’s actual annual operation and maintenance (O&M) expense. The Commission had been encouraging utilities to build these cash working capital reserves (CWCR) to fund extraordinary and non-recurring expenditures using a two-step rate increase process. However, the Commission recognized that one or two extraordinary events could deplete a utility’s reserve funds, and recently issued General Order 183.11 that modifies the method of calculating an adequate CWCR increment in order to provide a more generous source of working capital for utilities.

In all future rate cases in which a CWCR increment is applicable, the Commission will establish a CWCR increment equal to an unadjusted one-eighth of the going-level O&M expenses. The intent of the Commission is to provide utilities an opportunity to build a reasonable CWCR at or above the minimum statutory required amount.

The Commission’s accelerated and simplified procedure for smaller utilities to file for increased rates, known as a 19A case, has been used for many years. This procedure allows qualifying utilities to request rate increases without requiring them to develop their own financial exhibits and rate requests. In these cases, Commission Staff performs all the financial analyses required to establish appropriate rates. This process saves the utility the time and expense of preparing and filing a full rate case.

Previously the annual revenue ceiling for a utility to be able to file a 19A case was $1 million. In recent months, the Commission issued General Order 183.10, raising that ceiling to $3 million and a customer base of less than 4,500, making this optional procedure available to many more utilities. The Commission also encouraged discussion and negotiations between Commission staff and the utility in developing rates.

Additional information on these recent activities, including the Orders, can be found at www.psc.state.wv.us by referencing General Orders 183.10 and 183.11 or by contacting PSC staff.

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Water Meter Audits: Where Are Your Meters and What Are They Doing?By John Harper, PSC Engineering Division, Engineering Technician

The increased use of hand read, radio read and cellular read meters has resulted in a trend of some water utilities no longer physically inspecting their meter and meter pits. A variety of problems can arise from personnel never actually going to the meter pit. The Public Service Commission Engineering Division staff recommends that water utilities conduct a meter audit if they have not done so recently. We also recommend conducting a physical examination of the meter and meter pit semi-annually or annually.

A meter audit or periodic inspection is a useful mechanism for identifying physical meter location problems, as well as billing problems. A meter audit will normally consist of doing a field survey of the actual meter and meter pit. Condition of the meter, meter setter and lid, meter pit and surrounding location are typically documented. If the meter well is filled with surface or ground water, it should be pumped out to inspect the condition of the meter and setter, as well as look for leaks.

The meter number can also be verified by cross referencing with the billing records. All meters and meter pit locations should be recorded and cross checked. Water utilities have discovered unbilled meters and customers. A meter audit is particularly useful with situations where one utility is absorbing operations of another one. There are sometimes customers in these cases that were not billed for water at all, either through accident, negligence or fraud.

When doing a meter audit, a list of meter locations should be compiled similar to a manual meter reading list. Odd meter locations and situations in particular should be recorded. One recent audit in which I participated discovered a meter that was located well away from the customer. The customer had previously served the premise with a well. When the well went bad, the customer ran their service line to the well building, rather than the more logical, direct route to the premise along the driveway. The result was that the meter was nowhere near the building being served.

When water utilities have problems with their radio read meter systems, they should revert back to hand reading until the problems are resolved. Repeated estimated meter reading or minimum billing results in compounded problems. When a customer has a leak, such methods will not allow the utility to determine such information and notify the customer. The result can be a very high water bill. The utility may have to absorb a portion of the cost if it did not notify the customer in a timely manner.

Meter locations can be “lost” in both radio read situations and estimated bill situations, as described above. Grass and other vegetation can quickly grow over a meter, rendering its location unidentifiable. Soil creep and road dirt and debris can cover meters. When there is employee turnover, this condition can be exacerbated. Meter audit personnel should be prepared to uncover and mark meter pits. Sometimes a magnetic locator is necessary to find meter lids. Meter lids and pavement near meter locations can be marked with blue paint to help new employees find meters and prevent customers from stepping on them. Damaged meter lids and pits can be a safety and liability issue.

Meter audits should examine fire protection service locations meters. Unbilled fire protection service can result in significant lost revenue, particularly for large utilities. Meter audits and inspections

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can also result in water utilities finding water leaks that would otherwise go undetected for much longer periods. The resulting savings in water cost can be significant, particularly for purchase systems.

It is not uncommon to find stolen water meters in service locations, both active and inactive. As such, any meter pit, including inactive, unbilled ones should be examined during an audit or inspection. I have found water leaks during leak detection surveys in derelict meter pits, such as where a house burned down many years before and no utility personnel had looked at the meter since that time. A meter audit could also be conducted in combination with some of the utility’s scheduled meter testing to reduce labor costs.

To summarize, many problems with meters, meter pits and nearby service lines can be identified and solved during a meter audit and inspection. Odd billing situations can also be identified. The resulting cost savings can greatly offset the personnel cost of performing a meter audit. Commission Engineering Division staff can assist water utility personnel with devising an appropriate meter audit at your facility.

When to Offer a Deferred Payment AgreementBy Laura Leport, Utilities Analyst, Water and Wastewater Division, Public Service Commission of West Virginia

Many times in the Water and Wastewater Division we receive calls from the water and sewer utilities regarding the customer’s trouble or inability to pay their respective water or sewer bill. Typically, the customer has been notified that their water service is subject to termination due to the non-payment of either their water or sewer charges. In this situation the delinquent customer should be given the opportunity to enter into a Deferred Payment Agreement (DPA). The DPA will outline the monthly amount of money the customer must pay on a past due bill and a schedule to make the remaining payments. The amounts and terms must be agreed on by both the utility and the customer. Once the customer agrees to a DPA, they are required to pay their current monthly bill in full and on time plus the agreed to additional amount towards the delinquency. The customer is required to continue making payments on the DPA in order to prevent service from being terminated.

Water Rule 4.8.a.9. A water customer who has been notified that water service is to be terminated for non-payment of water bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the availability of a reasonable payment plan.

Sewer Rule 4.8.b.9. A sewer customer who has been notified that water service is to be terminated for non-payment of sewer bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the availability of a reasonable payment plan.

The details of the DPA will not be the same for every customer.

Water Rule 4.8.a.9.A. The details of the deferred payment agreement are to be negotiated

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between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the delinquency; ability of the customer to pay; payment history; time the delinquency has been outstanding; reasons why the delinquency has been outstanding; and any other relevant factors.

Sewer Rule 4.8.b.9.A. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the delinquency; ability of the customer to pay; payment history; time the delinquency has been outstanding; reasons why the delinquency has been outstanding; and any other relevant factors.

It is also important for the utility to remember to notify the customer of the right to challenge the reasonableness of the proposed payments to the Commission in the original agreement. The utility may also not terminate the customer during this challenge provided the current bill is paid on time and in full.

In conclusion, if the deferred payment is not received in accordance with the terms of the agreement the rules address the termination of service to the customer.

Water Rule 4.8.a.9.F. If the deferred payment is not received in accordance with the terms of the agreement or the payment is made with a check subsequently dishonored by the bank, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) calendar days, excluding state or federal holidays, prior to termination: provided that at the option of the utility, either personal contact or telephone contact with the customer may be substituted for contact by first class mail. If the customer makes the delinquent payment within that notice period, service shall not be terminated. However, if the customer has, during the previous twelve (12) months, attempted to make payment by a check which was subsequently dishonored by the bank the utility may refuse the customer’s check and immediately terminate service without additional notice.

Sewer Rule 4.8.b.9.F. If the deferred payment is not received in accordance with the terms of the agreement or the payment is made with a check subsequently dishonored by the bank, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) calendar days, excluding state or federal holidays, prior to notifying the water utility to terminate service: provided that at the option of the utility, either personal contact or telephone contact with the customer may be substituted for contact by first class mail. If the customer pays the delinquent payment within that notice period, service shall not be terminated. However, if the customer has, during the previous twelve (12) months, attempted to make payment by a check which was subsequently dishonored by the bank, the utility may refuse the customer’s check and immediately terminate service without additional notice.

A sample DPA is available by contacting the Water & Wastewater Division.

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The American Iron and Steel Requirement for the Clean Water State Revolving FundJefferson E. Brady, P.E., Engineering Section Manager, Division of Water and Waste Management, West Virginia Department of Environmental Protection

The American Iron and Steel (AIS) provision requires Clean Water State Revolving Fund (CWSRF) assistance recipients to use iron and steel products that are produced in the United States. This requirement applies to projects for the construction, alteration, maintenance or repair of a public water system or treatment works. The AIS provision is a permanent requirement for all CWSRF projects.

Below are some definitions and frequently asked questions.

DefinitionsSteel: An alloy that includes at least 50% iron, between .02% and 2% carbon, and may include other elements. This includes carbon steel, alloy steel, stainless steel, tool steel and other specialty steels.

Reasonably Available Quantity: The quantity of iron or steel products is available or will be available at the time needed and place needed, and in the proper form or specification as specified in the project plans and design.

Satisfactory Quality: The quality of iron or steel products, as specified in the project plans and designs.

Funding Recipient: A borrower or grantee who receives funding from a state CWSRF or DWSRF program.

Produced in the United States: All manufacturing processes, including the application of coatings, must take place in the United States, except for metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the U.S. for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement and the material(s), if any, being applied as a coating are similarly not covered. Non-iron or steel components of an iron or steel product may come from non-U.S. sources.

Primarily Iron or Steel: The listed iron or steel products must be made of greater than 50% iron or steel, measured by material cost.

Structural Steel: Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees and zees. Other shapes include H-piles, sheet piling, tie plates, cross ties and those for other special purposes.

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Construction Material: Construction materials are those articles, materials or supplies, made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel.” This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e.: nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors and stationary screens. Mechanical and electrical components, equipment and systems, including housing/covers, are not construction material and are not required to be produced in the U.S. This includes pumps, motors, gear reducers, drives (including variable frequency drives (VFD)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation and dewatering equipment.

Reinforced Precast Concrete: The reinforcing bar and wire must be produced in the U.S. and the casting of the concrete product must take place in the U.S. The cement and other raw materials are not required to be from the U.S.

Cast-in-Place Reinforced Concrete: Only the reinforcing bar and wire are considered to be construction materials and must be produced in the U.S.

De minimis Waiver: Up to 5% of the total cost of the project’s materials may be used for de minimis inci-dental components that are of an unknown origin or are not compliant with AIS. The cost of any indi-vidual item may not exceed 1% of the total cost of the materials used in and incorporated into a project. These incidental components include small washers, screws, fasteners (nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc. If applying the de minimis waiver to some of your project materials, a record must be kept of what are considered as incidental components (and the associated material cost) under this waiver and you must submit the list to EPA.

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Municipal castings include: • Access hatches • Ballast screen • Benches (iron or steel) • Bollards • Cast bases • Cast iron hinged hatches, square and rectangular• Cast iron riser rings • Catch basin inlet • Cleanout/monument boxes • Construction covers and frames • Curb and corner guards • Curb openings • Detectable warning plates • Downspout shoes (boot, inlet) • Drainage grates, frames and curb inlets • Inlets • Junction boxes • Lampposts • Manhole covers, rings and frames, risers • Meter boxes • Service boxes • Steel hinged hatches, square and rectangular • Steel riser rings • Trash receptacles • Tree grates • Tree guards • Trench grates • Valve boxes, covers and risers

Frequently Asked QuestionsWhat types of projects are covered by the AIS requirement?All treatment works projects funded by a CWSRF assistance agreement and all public water system projects funded by a DWSRF assistance agreement from the date of enactment are covered. The AIS requirements apply to the entirety of the project, no matter when construction begins or ends. Additionally, the AIS requirements apply to all parts of the project, no matter the source of funding.

What if a project has split funding from a non-SRF source?Many states intend to fund projects with split funding from the SRF program and from state or other programs. Based on the Act language in section 436, any project that is funded in whole or in part with such funds must comply with the AIS requirement.

What does a funding recipient need to do? 1. Construction Contract Bidding Documents: Include a requirement in all bidding documents and construction contracts that the contractor: A. Use iron and steel products made in the U.S. as required or request a waiver.B. Solicit certifications from manufacturers to document domestic production.C. Request approval for items to include on the de minimis list from the project engineer. Example contract language is included in the March 20, 2014 EPA guidance.

2. Materials Certifications: Obtain and maintain certifications from manufacturers, through the contractor, for each iron and steel product used on the project, demonstrating that it was made in the U.S. The format for an acceptable certification is provided in the March 20, 2014 EPA guidance. Certifications are not needed for iron and steel products that receive a waiver or for those on the de minimis list.

3. Waivers: Request a waiver if the use of foreign-made iron and steel products meets one or more of the following criteria: A. Public interest: An example where this may be applicable is in a situation where it is essential to use a foreign-made iron/steel component because of compatibility with existing components in the water or wastewater system.B. Availability: The required product is not produced in the U.S. in sufficient quantities or quality at the time

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and place needed in the proper form as specified in the project plans and design.C. Cost: Use of iron/steel components will increase the cost of the project by more than 25%.

What is an iron or steel product?Iron and steel products mean the following products made primarily of iron or steel:• Lined or unlined pipes or fittings • Manhole covers• Municipal castings • Hydrants• Tanks • Flanges• Pipe clamps and restraints • Valves• Structural steel (defined in more detail below) • Reinforced precast concrete• Construction materials

If a product is composed of more than 50% iron or steel, but is not in the above list of items, must it be produced in the U.S.? Alternatively, must the iron or steel in such a product be produced in the U.S.?The answer to both questions is no. Only items on the above list must be produced in the U.S. Additionally, the iron or steel in a non-listed item can be sourced from outside the U.S.

Are the raw materials used in the production of iron or steel required to come from U.S. sources?No. Raw materials, such as iron ore, limestone, scrap iron and scrap steel, can come from non-U.S. sources.

If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the U.S.?No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the U.S. For example, trench boxes, scaffolding or equipment that are removed from the project site upon completion of the project are not required to be made of U.S. iron or steel.

When determining what constitutes a product made “primarily” of iron or steel, who makes this determination? The manufacturer will show if its product qualifies as primarily made of iron or steel. The recipient should expect the manufacturer to provide documentation/certification that its product is AIS compliant.

Can the recipient use non-SRF funds to pay for the non-compliant item? No. It is not an acceptable to use non-SRF funds to pay for a non-compliant item. The Consolidated Appropriations Act of 2014 requires that all iron and steel products, no matter the source of funding, must be made in the U.S. if SRF funds are used in the project.

Are miscellaneous components within a covered valve or hydrant, such as nuts, bolts and washers, to be made in the U.S.?It is acceptable for a manufacturer to incorporate a relatively small proportion of miscellaneous minor components of non-domestic or unknown origin within an otherwise domestically manufactured product. This waiver does not exempt the whole product from the AIS requirements, and the primary iron or steel components of the product must be produced domestically.

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Do the actuators/control systems attached to valves have to comply with the AIS requirement, or just the valve itself ?No. Only the valve itself is required to be either domestically produced or subject to a waiver in order to be compliant with the AIS requirement.Are electric powered motor operated valves excluded based on the valve being motorized equipment (i.e.: electrical equipment)?No. Electric powered motor operated valves are not excluded based on the valve being motorized equipment. The actuator, a motor that controls the valve, is considered a separate product, which is not listed as an “iron and steel product” under the AIS requirement of the Consolidated Appropriations Act of 2014, nor is it considered a construction material. Therefore, the actuator does not need to be domestically produced in order to comply with the requirement.

Based on EPA’s AIS guidance dated March 20, 2014, gates are not considered construction materials and therefore do not have to be produced in the U.S. Does that include gate valves? No. Valves are specifically listed in the Consolidated Appropriations Act of 2014 as an “iron and steel product.” Therefore, absent a waiver, they must be produced in the U.S. to be in compliance with the requirement if they are “primarily” iron and steel. Gates as referenced in the EPA March 20, 2014 guidance refer only to common sluice and slide gates, and not to gate valves. Do all fasteners qualify for de minimis exemption? No. There is no broad exemption for fasteners from the American Iron and Steel (AIS) requirements. Significant fasteners used in SRF projects are not subject to the de minimis waiver for projects and must comply with the AIS requirements. Significant fasteners include fasteners produced to industry standards (e.g.: ASTM standards) and/or project specifications, special ordered or those of high value. When bulk purchase of unknown-origin fasteners that are of incidental use and small value are used on a project, they may fall under the national de minimis waiver for projects. The list of potential items could be varied, such as big-box/hardware-store-variety screws, nails and staples. The key characteristics of the items that may qualify for the de minimis waiver would be items that are incidental to the project purpose (such as drywall screws) and not significant in value or purpose (such as common nails or brads).

If the iron or steel is made from recycled metals will the vendor/supplier have to provide a certification document certifying that the recycled metals are domestically produced?No. Recycled source materials used in the production of iron and steel products do not have to come from the U.S. Iron or steel scrap, for instance, are considered raw materials that may come from anywhere. While certification is not required for the raw material, EPA does recommend that additional final processing of iron and steel be certified to have occurred in the U.S.

The AIS guidance does not appear to cover reused items (i.e.: existing pipe fittings, used storage tanks, reusing existing valves). How should reused items be addressed?The AIS guidance does not address reuse of items. Reuse of items that would otherwise be covered by AIS is acceptable provided that the item was originally purchased prior to January 17, 2014, the reused item is not substantially altered from original form/function and any restoration work that may be required does not include the replacement or addition of foreign iron or steel replacement parts. EPA recommends keeping a

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log of these reused items by including them on the assistance recipient’s de minimis list and stating therein that these items are reused products. The donation of new items (such as a manufacturer waiving cost for certain delivered items because of concerns regarding the origin of a new product) is not, however, considered reuse.

Is cast iron excluded from the AIS requirements? No. Cast iron products that fall under the definition of iron and steel products must comply with the AIS requirements.

Must coiled steel be domestic? Yes. Coiled steel is an intermediate product used in the production of steel pipe and must come from a U.S. source or subject to a waiver in order to comply with the AIS requirements.

Are pig iron, direct reduced iron (DRI) and ingot considered raw materials?No. These are considered intermediate products used in the production of iron or steel and must come from a U.S. source or subject to a waiver in order to comply with the AIS requirements.

Can assistance recipients rely on a marking that reads “Made in the USA” as evidence that all processes took place in the U.S.?No. This designation is not consistent with our requirements that all manufacturing processes of iron and steel products must take place in the U.S.

Are sluice and slide gates considered valves?No. Valves are products that are generally encased/enclosed with a body, bonnet and stem. Examples in-clude enclosed butterfly, ball, globe, piston, check, wedge and gate valves. Furthermore, “gates” (meaning sluice, slide or weir gates) are listed in EPA’s guidance as non-construction materials.

The entire AIS guidance and approved waivers can be found here: http://water.epa.gov/grants_funding/aisrequirement.cfm

If you have questions regarding AIS please contact Jefferson E. Brady, P.E. at Jefferson.e.brady@wv.gov or 304-926-0499 ext. 1611.

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What You Need to Know about TerminationsBy Robert Cramer, Consumer Affairs Technician, Water and Wastewater Division, Public Service Commission of West Virginia

Many of the calls received in the Water and Wastewater Division of the Public Service Commission of West Virginia (Commission) are from customers claiming their water or sewer utility failed to provide proper notification prior to terminating water service. The Commission’s Water and Sewer Rules address and outline the required procedures and notices when pursuing termination of water service for non-pay-ment of applicable water and/or sewer charges. In order to understand the meaning of the terms set forth in the Commission’s Water and Sewer Rules regarding billing and termination, a review of Water and Sewer Rule 1.7. (Definitions) is recommended. This should enable the individual to better understand and apply the rules.

The Commission’s Water and Sewer Rules require water and sewer utilities to issue a bill periodically, i.e.: monthly or bi-monthly. The date that the bill is placed in the mail is considered the “Bill Due Date.” However, the Water and Sewer Rules allow the municipal and public ser-vice district customers up to 20 calendar days (30 calendar days for a utility that isn’t a municipality or public service district) to pay the bill or to make arrangements to pay the bill before it is considered delinquent. On day 21 after the Bill Due Date, the utility’s billing clerk, who also posts all payments placed in the night depository (those that were received but not processed on day 20) and all payments received via the U.S. Postal Service, then applies the utility’s Delayed Payment Penalty of 10% (if included in the utility’s Commission-approved tariff) to the net current amount unpaid. On day 22, public service districts and municipalities (day 32 for other types of utilities) prepare termination notices and mail them to delinquent customers, allowing 10 additional calendar days in which to pay the bill or make arrangements to pay the bill in order to avoid termination.

The Commission Water Rule 4.8.a.8. and Sewer Rule 4.8.b.8. set forth that in situations where a landlord of a single-unit dwelling or a master metered mobile home park, apartment building, motel, hotel or other multiple- or single-unit dwelling is responsible for payment of a utility bill, utilities are required to provide written notice of termination in the form of Water Form No. 2 at a location readily available for public inspection on the premises at least five days prior to the scheduled termination of service to that mobile home park, apartment building, motel, hotel, or other multiple- or single-unit dwelling. If the billing address for any single-unit service is different than the service location, a written notice in the form of Water Form No. 2 shall be delivered or posted at a visible location on the premises where the service is to be ter-minated at least five days prior to the scheduled termination. This notice shall inform the occupant(s) of the date on or after which termination of service will occur and shall state the steps the occupant(s) can take to avoid termination of service.

In accordance with the Water and Sewer Rules, between day 22 and day 31 for public service districts and municipalities (day 32 through day 41 for other types of utilities), the utility shall make two attempts at personal contact with the customer on two separate business days at least 24 hours prior to the scheduled termination unless it is reasonably established that the premises are not permanently inhabited. It should be

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noted that for purposes of this rule, personal contact includes both face-to-face meetings and telephone calls. If the utility calls the number on file and the number is no longer in service/has been disconnected then that is the first attempt. The second attempt, in this situation, must be a face-to-face attempt at the residence. If the utility does not have a phone number for a customer then the attempts to notify the customer must be face-to-face attempts. If the utility successfully notifies the customer on its first face-to-face attempt then it is not required that they go back a second time to attempt another face-to-face contact since the contact has been made. On day 32, public service districts and municipalities (day 42 for other types of utilities) may terminate service, provided they are in compliance with the termination rules.

It is up to the utility to establish a policy on terminations and to apply the policy in a non-discrimi-natory manner. The respective Water and Sewer Rules merely establish the earliest date that service can be terminated. However, utilities need to clearly understand that the written termination to the customer estab-lishing a termination of service on or after a specific date becomes void if the utility has not discontinued service within 30 days of the date indicated on the notice. Thus, if the utility does not terminate within the notice period it must begin the process again.

We encourage you to be aware of the respective timeframes associated with the termination of ser-vice and take steps to ensure that the policy of your utility is in compliance with those requirements. If you have any questions, please contact the Water and Wastewater Division for additional information.

Tapper Says:Upcoming Seminars

• PSD Board Member Seminar, April 2-4, Bridgeport, Register by March 19

• Managing Your Employees to Avoid Legal Conflict Seminar, April 28, Charleston, Register by April 14

• Utility Rules and Operations Seminar, May 14, Morgantown, Register by April 30 • Safety Seminar, June 24, Morgantown, Register by June 10

Register at: http://www.psc.state.wv.us/scripts/SeminarRegistration/default.cfm

Classes may count towardContinuing Education Hours

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Call Before You Dig — It’s the Law!Provided by West Virginia Damage Prevention Board and Miss Utility West Virginia

Enforcement of West Virginia’s dig law is now in force. The West Virginia Underground Damage Prevention Board (WVDPB) appointments have been filled, rules for operation have been adopted and a website created.

If you suspect a violation of the state’s dig law has occurred, you can report it by going to www.wvdpb.com and clicking on the AVR icon. Simply fill out the form, upload your documentation and click submit.

Enforceable violations as defined in the law are as follows:• Excavating without a one call locate ticket• Excavating before 48 hours or all effective parties respond to the locate request• Failure to locate an underground facility• Failure to locate an underground facility in the required time, unless a good faith agreement between parties existed

Penalties prescribed by law include:• For the first violation a respondent must complete a training as determined by the WVDPB.• A second violation within a five-year period results in training as determined by the WVDPB and a fine up to $500 per incident.• A third subsequent violation occurring within a five-year period, the violator shall pay a civil penalty in an amount set by the WVDPB, not to exceed $2,500 per incident.• If the WVDPB finds a violation to be the result of gross negligence or willful or wanton misconduct, the violator shall complete a specialized training and a fine of up to $5,000 per incident.

The WVDPB is legislatively tasked with providing civil enforcement for violations of the dig law found in WV Code §24-C-1-11. The WVDPB bring together stake holders in the underground facility management and construction industries to reduce damages to underground facilities by individuals who violate the dig law.

Board members represent the following stakeholders.• The President of Miss Utility of West Virginia or the President’s designee;• One representative of the excavation, utility, or site construction industry;• One representative of the natural resource extraction industry;• The Executive Director of the West Virginia Municipal League or its designee;• One representative of the natural gas transmission or distribution or hazardous liquid industry;• One representative of the electric, cable or communications industry;• One representative of the privately-owned water and/or wastewater services industry;• One representative of the general public; and• The Chairman of the West Virginia Public Service Commission or the Chairman’s designee.

To learn more about the dig law and the rules it operates under, go to www.wvdpb.com. You can report any suspected violations here: www.wvdpb.com/avr-form.

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Public Service Commission of West VirginiaWater and Wastewater Division

Dave Acord, Director dacord@psc.state.wv.us 340-0366Lisa Coleman, Administrative Secretary lcoleman@psc.state.wv.us 340-0459Nancy Tincher, Secretary ntincher@psc.state.wv.us 340-0440

Grants & Funding, Finance, Administrative, Office OperationsBill Nelson, Manager bnelson@psc.state.wv.us 340-0445Steve Edens, Utilities Analyst sedens@psc.state.wv.us 340-0769Versie Hill, Utilities Analyst vhill@psc.state.wv.us 340-0870Alex Kovarik, Utilities Analyst akovarik@psc.state.wv.us 340-0358Laura Leport, Utilities Analyst lleport@psc.state.wv.us 340-0473Nathan Nelson, Utilities Analyst nnelson@psc.state.wv.us 340-0479

Informal ComplaintsTammy Tabor, Supervisor ttabor@psc.state.wv.us 340-0826Markita Black, Consumer Affairs Tech mblack@psc.state.wv.us 340-0321Rhonda Boothe, Consumer Affairs Tech rboothe@psc.state.wv.us 340-0467Robert Cramer, Consumer Affairs Tech rcramer@psc.state.wv.us 340-0494Vicki Lemley, Consumer Affairs Tech vlemley@psc.state.wv.us 340-0379

Fax340-3759

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Engineering Division

Earl Melton, Director emelton@psc.state.wv.us 340-0392Victoria Trent, Secretary vtrent@psc.state.wv.us 340-0370

Case ControlJim Ellars, Manager jellars@psc.state.wv.us 340-0436Lisa Bailey, Technical Analyst lbailey@psc.state.wv.us 340-0499Jonathan Fowler, Engineer jfowler@psc.state.wv.us 340-0491David Holley, Technical Analyst dholley@psc.state.wv.us 340-0328Kristopher Huff, Technical Trainee khuff@psc.state.wv.us 340-0443Mansour Mashayekhi, Technical Analyst mmashayekhi@psc.state.wv.us 340-0428Jim Spurlock, Technical Analyst jspurlock@psc.state.wv.us 340-0357Sylvie Steranka, Technical Analyst ssteranka@psc.state.wv.us 340-0466Jim Weimer, Engineer jweimer@psc.state.wv.us 340-0476

Case AssistanceRalph Clark, Engineer rclark@psc.state.wv.us 340-0455Eric deGruyter edegruyter@psc.state.wv.us 340-0388Daniel Egnatoff, Technical Analyst Trainee degnatoff@psc.state.wv.us 340-0434John Harper, Engineering Technician jharper@psc.state.wv.us 340-0465Tim McGhee, Technical Analyst tmcghee@psc.state.wv.us 340-0331Craig Miller, Utility Inspector cmiller@psc.state.wv.us 340-0353John Mottesheard, Engineering Technician jmottesheard@psc.state.wv.us 304-0399

Fax340-0452

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Utilities Division

Randy Short, Interim Director rshort@psc.state.wv.us 340-0446Lynn Scott, Administrative Secretary lscott@psc.state.wv.us 340-0350Margaret Robinson, Secretary mrobinson@psc.state.wv.us 340-0365

Carrier & Consumer OperationsCarla Nelson, Supervisor cnelson@psc.state.wv.us 340-0424Mandy VanMeter, Secretary mvanmeter@psc.state.wv.us 340-0833

Motor Carrier & Formal ComplaintsSteve Kaz, Supervisor skaz@psc.state.wv.us 340-0760Stacy Beller, Utilities Analyst sbeller@psc.state.wv.us 340-0444Dwayne Bevins, Utility Inspector dbevins@psc.state.wv.us 340-0449Bob Cadle, Utilities Analyst rcadle@psc.state.wv.us 340-0419Bill Flenner, Utilities Analyst bflenner@psc.state.wv.us 340-0496Jennifer Moore, Utilities Analyst jmoore@psc.state.wv.us 340-0837

Audits, Finance & RatesDiane Davis, Deputy Director ddavis@psc.state.wv.us 340-0369

Case Processing 1Ed Oxley, Manager eoxley@psc.state.wv.us 340-0360Ronald Ash, Utilities Analyst rash@psc.state.wv.us 340-0869Geoffrey Cooke, Utilities Analyst gcooke@psc.state.wv.us 340-0339Nathan Mills, Utilities Analyst nmills@psc.state.wv.us 340-0773

Case Processing 2Dave Pauley, Manager dpauley@psc.state.wv.us 340-0439Roger Estep, Utilities Analyst restep@psc.state.wv.us 304-0416Charles Johnson, Utilities Analyst cjohnson@psc.state.wv.us 340-0471Pete Lopez, Utilities Analyst plopez@psc.state.wv.us 340-0823Kaitlyn Shamblin, Utilities Analyst kshamblin@psc.state.wv.us 340-0420

Fax340-0326