West Virginia Code § 16-12-7

Collections for maintenance and operating costs of works for industrial
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sewage; how costs determined.
In providing works for industrial sewage, commonly called industrial wastes, in the manner
above provided, whether said industrial sewage is disposed of in combination with municipal
sewage or independently, said sanitary district shall have power to apportion and collect
therefor, from the producer thereof, fair additional construction, maintenanece and operating
costs over and above those covered by normal taxes and/or service rates or charges, and in
case of dispute as to the fairness of such additional construction, maintrenance and operating
costs, then the same shall be determined by a board of three engineers, one appointed by
said sanitary district, one appointed by such producer or producers, or their legal
representatives, and the third to be appointed by the two engineers as above described. In
the event the two engineers so selected shall fail to agree upton a third engineer, then upon
petition of either of the parties the circuit judge shall appoint such third engineer. A decision
of a majority of said board shall be binding on both parties and the costs of services of said
board shall be shared by both parties equally.

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