It is further understood and agreed that this contract applies to said property located at address shown above, runs with the land and is binding upon heirs and assigns of the grantors and that this contract is not transferable from the grantors and that this contract is not transferable from the real estate described and located as shown above.
The USER agrees to, and does herewith, pay an initial tap fee of $350.00 (Three hundred fifty dollars) to the OWNERS.
The USER agrees to grant to the OWNERS, its successors and assigns a perpetual easement in, over, under and upon the above-described land as necessary and required for the purpose of ingress to and egress from or otherwise provide waste water service to the above-described lands. Such easement gives to the OWNERS the right to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove waste water pipelines and appurtenant facilities.
The USER shall install and maintain at his/her own expense a service line which shall begin at the District’s main line and extend to the dwelling’s footer. The service line shall connect with the collection system of the OWNER at the nearest place of desired use by the USER, provided the OWNER has determined in advance that the system is of sufficient capacity to receive waste water at the point.
The USER agrees to comply with and be bound by the Rules and Regulations of the OWNER and of the Public Service Commission of West Virginia, now in force, or as hereafter duly and legally supplemented, amended or changed. The USER also agrees to pay for waste water at such rate, time and place as shall be determined by the OWNER and agrees to the imposition of such penalties for noncompliance as are now set out in the OWNER and the Public Service Commission’s Rules and Regulations, or which may be hereafter adopted and imposed by the OWNER. The rate structure for waste water use will be established and approved by the OWNER or the West Virginia Public Service Commission, as legally applicable, and published as a tariff. Public Service Commission Rules and Regulations and rate structure tariffs are available for inspection at the OWNER’S office. (In the event of a waste water emergency, the emergency actions as prescribed in the above rules and regulations will be enforced.)
The OWNER shall purchase and install pipe and fittings required by the OWNER. The OWNER shall have exclusive right to all clean outs.
The OWNER shall have final authority in any question of location of any waste water line connection to its collection system, and may terminate service to a USER who allows a connection of an extension to be made of the service line for the purpose of supplying waste water collection to another USER.
The USER agrees that no other present or future source of collection system will be connected to anywaste water lines served by the OWNER’S waste water lines and will disconnect from his present waste water supply prior to connecting to and switching to the OWNER’S system and shall eliminate their present septic tank/septic storage in his/her system.
The USER shall connect his/her service lines to the OWNER’S collection system and shall commence to OWNER’S collection system on the date the waste water service is made available. West Virginia State Law Code 16-13A-9 section C states that it is required that the customer connects to the District’s collection system.
The USER hereby agrees to pay the waste water bill based on actual water usage or a flat metered rate for well users as set forth in the tariff from the date service is available. USERS that do not connect to the system, can be petition to the circuit court of the county in which the property is located, compel or may require the division of health to compel all owner, tenants or occupants of any houses, dwellings and buildings located near any sewer facilities where sewage will flow to connect and cease all other means for collection and disposal of sewage and waste matters.
The failure of a customer to pay waste water charges duly imposed and rendered shall result in the automatic imposition of the following penalties;
- Nonpayment within twenty (20) days from the billing date will be subject to a penalty of ten percent (10%) of the delinquent account.
- Nonpayment within thirty (30) days from the billing date will result in initiation of action to terminate water and/or waste water service.
- In the event it becomes necessary to terminate service, a disconnection and a reconnection fee as set forth in the tariff will be applicable.