Bethco Corp. v. Tweedy

Petitioners Bethco Corporation (Bethco) and Staten Island University Hospital (Hospital) each retained petitioner Utilisave, LLC, to audit their respective billing from the New York City Water Board (Water Board) and to seek refunds from the Water Board for overcharges on the water bills. By letter to the Department of Environmental Protection (DEP) dated August 25, 2003, Utilisave requested an adjustment to the water bill issued to Bethco on April 27, 1998. Utilisave also sought an adjustment from DEP, by letter dated July 31, 2003, of a bill issued to Hospital on December 5, 1997. Each of these complaints was denied by DEP based upon a provision in the Water Boards Water and Wastewater Rate Schedule (Rate Schedule) that a disputed bill will not be adjusted unless the written complaint is filed within four years of the bill date. The appeal of these DEP decisions by Utilisave on behalf of Bethco and Hospital resulted in the determinations of the Water Board sought to be reviewed herein. The Water Board denied each appeal, affirming the determinations of DEP, on the ground that the original complaints had not been timely filed within four years of the bill in question.