68-221-1308 - Charges for services Classification of customers Contracts for collection of sewer charges.
68-221-1308. Charges for services Classification of customers Contracts for collection of sewer charges.
(a) 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 shall be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of that class of customers or service.
(b) In classifying customers served or service furnished by the system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors:
(1) The difference in cost of service to the various customers;
(2) The location of the various customers within and without the service area of the authority;
(3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system;
(4) The different character of the service furnished various customers;
(5) The quantity and quality of the sewage delivered and the time of its delivery;
(6) Capital contributions made to the system, including, but not limited to, assessments; and
(7) Any other matters that present a reasonable difference as a ground for distinction.
(c) (1) As used in this subsection (c), sewer means waste water collection or treatment, or both.
(2) (A) The board may enter into contracts with any utility district or municipality providing sewer services within the jurisdiction, or with any municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges. 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:
(i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise;
(ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges;
(iii) 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 that customer; and
(iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid.
(B) The 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.
[Acts 2007, ch. 250, § 1.]