photo by: Eric Ayres

Sewage from Benwood is treated at the Wheeling Water Pollution Control Plant. Benwood filed a complaint late last year with the Public Service Commission of West Virginia against the City of Wheeling about its most recent sewer rate increase, but this week, the complaint was dismissed because it was not filed in a timely manner as is outlined in the state code.

The Public Service Commission of West Virginia on Wednesday granted a motion by the City of Wheeling to dismiss the City of Benwood Sanitary Board’s complaint regarding a recent sewer rate increase.

The commission noted that Benwood did not file its complaint within 30 days as required by state code and, therefore, the case should be dismissed.

Benwood’s municipal sewer system sends its sewage to Wheeling for treatment. Last October, the City of Wheeling adopted an ordinance increasing sewer rates and charges, effective Nov. 21.

This prompted the City of Benwood to file a formal complaint with the Public Service Commission asserting that Wheeling’s newly enacted resale rate — which increases rates to resale customers including Benwood by 38 percent — should be reduced to reflect only the cost of improvements necessary to serve Benwood customers.

Benwood has filed formal protests against rate hikes from the City of Wheeling in the past, and has been successful. In 2021, Wheeling raised sewer rates to all municipalities it serves by 45 percent. Officials in Benwood argued that funds generated by the rate hike were aimed at making sewer system improvements in Wheeling and did not benefit Benwood whatsoever.

The Public Service Commission ruled in the fall of 2021 that Wheeling could charge a significantly lower rate for wholesale sewage treatment services. The City of Wheeling appealed that ruling, arguing that the 120-day deadline state code allows between the filing of the complaint and the PSC ruling had been missed. Eventually, a 3-2 decision by the Supreme Court of West Virginia ruled in favor of the PSC and Benwood, keeping the lower rate in place at that time.

Wheeling’s most recent sewer rate increase resulted in a $15.88 per month hike to the average residential user, according to the ordinance passed in October. The new rate brought a $66.02 average monthly increase to the average commercial user and an $8,817.20 monthly increase to resale users.

Funds generated by the rate hike are being used to help finance major sewage system improvement projects in the City of Wheeling projected to cost around $46 million. Of that total for six major projects, around $30.6 million work of improvements to the city’s wastewater treatment facility are planned — which are directly related to services provided to Benwood and other wholesale customers.

Benwood had maintained its own sewage treatment plant until the mid-1990s, when the West Virginia Environmental Protection Agency mandated upgrades that would have necessitated construction of a new plant. Benwood officials stated that at that time, such a significant investment was not economically feasible for the city.

In the wake of previous disputes with the City of Wheeling over sewer rate increases, officials in Benwood had expressed interest in the possibility of collaborating with McMechen to combine sewage services, as long as projected numbers showed that they could ultimately save — and not cost — the Benwood Public Works Department and its customers more money.