LEGAL REQUIREMENTS & REVIEW NOTES

This page summarizes relevant Virginia statutes and cited local ordinance language, alongside resident-reported concerns about disconnections occurring on December 18, 2025. Where a conclusion depends on facts (such as how “days in arrears” are calculated or whether notice was delivered), the Town can correct the record by producing written policies, arrears calculations, and notice-delivery logs.

Important: This is general information and a public documentation effort — not legal advice. Residents should consult counsel for legal guidance about their specific situation.

VA CODE § 15.2-2121.3

Arrears Threshold & Notice Delivery

"C. Utility disconnections due to the nonpayment of bills or fees are prohibited for residential customers until the customer's account is 45 days in arrears."

Arrears timeline concern: Residents allege that if a bill was due on November 5, then a disconnection on December 18 may have occurred before the 45-day arrears threshold was reached (depending on the Town’s method of counting “days in arrears”). The Town can clarify by providing its official arrears calculation method (due date vs. bill date) and the dates applied to the affected accounts.

"B. Each utility... shall deliver notice of nonpayment of bills or fees to its residential customers prior to disconnection by using at least one of the following methods: (i) mail, (ii) email, (iii) text message, (iv) phone call, or (v) door hanger."

Notice delivery concern: Multiple residents report they did not receive a dedicated notice by mail, email, text, phone call, or door hanger prior to disconnection. If the Town contends notice was delivered, the most direct way to resolve the dispute is to provide delivery logs/timestamps (and copies of templates used).

What residents can request: A copy of the Town’s written disconnection policy, the arrears calculation used for the account, and proof of notice delivery (method + date/time).

VA CODE § 15.2-2121.2

Days When Disconnection Is Restricted

"B. No utilities shall disconnect from service any residential customer for nonpayment of bills or fees on Fridays, weekends, state holidays, or the day immediately preceding a state holiday."

Timing concern: Residents argue that if the earliest arrears threshold date fell on a restricted day, the earliest permissible disconnection date would move to the next non-restricted business day. This is a fact-dependent analysis that hinges on the Town’s arrears calculation method and the specific calendar dates applied.

MARION TOWN ORDINANCE § 78-42

Local Billing / Due Date / Cutoff Procedure

"All meters shall be read... each month and bills therefore shall become due and payable by the fifth of the next succeeding calendar month... Notice of cutoff shall be given to the consumer with the next succeeding billing... and service will be discontinued ten days after the second billing..."

Procedure concern: Residents cite this ordinance language as requiring a clear cutoff process tied to billing and a 10-day window after the referenced billing event. If the Town’s process differs in practice, residents are requesting the Town’s written explanation of how it interprets and applies this ordinance.

Resident Action Plan

STEP 1

Request a Documented Fee Review

If you were charged a reconnection fee or penalty, you can request a written review of the arrears calculation and proof of notice delivery. If the Town determines the disconnection did not comply with applicable requirements, residents may request fee correction or reimbursement.

"I’m requesting a written review of my disconnection on 12/18, including (1) the Town’s ‘days in arrears’ calculation for my account, (2) the notice delivery method(s) used prior to disconnection with dates/timestamps or logs, and (3) the basis for any reconnection fee assessed. If the Town determines notice/timing requirements were not met, please correct or reimburse any related fees."

Tip for residents: Keep it factual. Ask for written arrears calculations, notice-delivery logs, and disconnection/restoration records.

STEP 2

Escalate for Oversight (If Needed)

If you don’t receive a substantive written response, residents can escalate by filing complaints or requesting records through appropriate channels. Which agency applies depends on whether the utility is municipally owned/operated and whether the concern is consumer process vs. drinking water compliance.

Public Records (FOIA):
Request the full account ledger, arrears calculation method, notice templates, delivery logs, and disconnection/restoration logs.
State Consumer Complaint (General): Office of the Attorney General (Consumer Protection)
If you believe billing/shutoff communications were unfair or deceptive, you can submit a consumer complaint.
Drinking Water Compliance (If Safety/Quality Issues):
If your concern involves water quality, safety, or compliance (not billing), contact Virginia’s drinking water compliance office.
SCC (Conditional): Virginia State Corporation Commission (Utility Complaints)
This typically applies to SCC-regulated utilities. If your provider is municipally owned/operated, oversight is often handled locally rather than through SCC utility complaint processes.

Note: This document is for informational purposes and public documentation. It is not formal legal advice. Facts and timelines can vary by account; residents should request written records to confirm arrears calculations and notice delivery.