Customers who have filed complaints to try to stop South Charleston's sewer rate increases haven't found much success.
Two complaints filed with the Public Service Commission over South Charleston's sewer rate increases were recommended for dismissal by staff.
A complaint, filed by Ritchie Robb, argued that the South Charleston Sanitary Board did not provide enough notice about the increase, that the board didn't provide financial support for the rate increase and that the rate increase discriminated against customers because it required existing customers to subsidize service for new customers.
The staff found that the complaint was invalid because the PSC no longer has jurisdiction over South Charleston's rate increases. A bill in 2015 removed the requirement for municipalities with more than 4,500 customers and $3 million in revenue from sewer and water utilities to get PSC approval for rate increases.
But the staff also said that even if the PSC did have jurisdiction, Robb's complaint had no legal backing.
Robb isn't the only one to file a complaint with the PSC over the sewer rate increase, which would raise the sewer rates to $20.74 for 2,000 gallons and an additional $11.30 for every additional 1,000 gallons.
Thornton Cooper, a lawyer from South Charleston who used to work for the PSC, filed a complaint stating that the residents of South Charleston are being discriminated against because of the size of the city. Cooper's argument is that South Charleston residents should have the same right to contest a rate increase as residents of smaller cities.
He argues in his complaint that the rate increases should have been proportional and that the PSC does have jurisdiction over South Charleston rate increases because the law passed in 2015 violates the constitution.
"I think it's bad policy," Cooper said. "But I also think that it's unconstitutional bad policy."
The staff recommended that the case be dismissed because PSC doesn't have jurisdiction and that the PSC has no jurisdiction to consider constitutional issues.
The root of the complaints is the increase in rates for the people of South Charleston. The recent rate increase is the first time rates have gone up in 10 years.
Customers at the lowest end of the spectrum are seeing an increase of 183 percent on their next bill and that has lead to unhappy customers.
"There are a lot of people in South Charleston that live hand-to-mouth and this is a huge imposition on them," Cooper said.
Steve DeBarr, director of the South Charleston Sanitary Board, said that even his wife has complained to him about the increase.
DeBarr said that the increase is necessary so that the city can comply with the federal Clean Water Act and maintain the quality of the water in the Kanawha River.
To prevent pollution, the South Charleston Sanitary Board has to control sewer overflow.
The system in South Charleston is classified as a sanitary sewer overflow system, but in reality, it's a combined sewer overflow system. The key difference is that a sanitary sewer overflow system only takes domestic sanitary sewage, while a combined sewer overflow system also takes storm water.
Right now, storm water gets into South Charleston's sewage system and creates problems for a couple reasons. For one, if the storm water causes an overflow at the treatment facility, that means that untreated sewage will flow into the river. Even if there's no overflow, the storm water dilutes the sewage, making it harder for the "bugs" in the treatment facility to clean out the water, leading to pollution in the river.
Because of this, South Charleston has to revamp its sewage system so that the storm water and the sewage are kept completely separate. South Charleston estimates that it will cost almost $80 million to upgrade the system.
So far South Charleston has only received an order from the state Department of Environmental Protection, which is the equivalent of a warning, according to Yogesh Patel, assistant director of water and waste management for the DEP.
Patel said the order South Charleston received basically says that the city is in violation of standards and has to come up with a plan to fix it or face fines.
Right now, South Charleston is paying below average when it comes to sewage rate. Most cities in Kanawha County pay more than $20 minimum.
"It's a shock, but from a business standpoint, we can't afford to not comply with the law," DeBarr said.
Reach Daniel Desrochers at dan.desrochers@wvgazettemail.com, 304-348-4886 or follow @drdesrochers on Twitter.