(A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOD (BIOCHEMICAL OXYGEN DEMAND). The same meaning as defined in Chapter 51.
      COMMERCIAL STORM WATER SURCHARGE. An additional charge which is billed to commercial users for treating storm water in excess of “normal residential storm water discharge.”
      CONSTRUCTION.  CONSTRUCTION shall be determined to commence upon the awarding of the contract by the Town Council.
      COUNCIL. The Town Council of the Town of Albany, Indiana, or any duly authorized officials acting on its behalf.
      DEBT SERVICE COSTS. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
      ERU (EQUIVALENT RESIDENTIAL UNIT). One ERU shall be equivalent to 2,800 square feet of impervious material for each residential user. Unless otherwise noted, each residential user shall have one ERU per residential structure unless otherwise indicated.
      IMPERVIOUS MATERIAL. Material that prohibits the passage or penetration of precipitation directly into the soil or ground and shall include gravel. The material shall be man-made and placed so that precipitation shall be diverted or collected rather than direct passage to the ground. Ponds or retention pools designed for collection of storm water shall not be included in this definition.
      INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.
      INITIAL CONNECTION PERIOD. Any time after substantial completion of the storm water system as determined by the agreement between the town and the contractor constructing the system and 90 days after the date that the users are notified of substantial completion.
      NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT. The same meaning as defined in Chapter 51.
      NON-RESIDENTIAL USER. Any user of a structure that is not a single-family residence. Those users shall include, but not be limited to:
      (1)   COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service based on a determination by the town.
      (2)   GOVERNMENTAL USER. Any federal, state or local governmental user of the storm water system.
      (3)   INDUSTRIAL USER. Any manufacturing or processing facility.
      (4)   INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious and/or educational function based on a determination by the town.
      (5)   MOBILE HOME PARK USER. An area on which two mobile homes, other than mobile homes on permanent foundations, are harbored on temporary supports for the purpose of being occupied as principal residences.
      (6)   MULTI-FAMILY RESIDENTIAL USER. A user of the storm water system whose premises or building is used as a multi-family residence.    
      NORMAL RESIDENTIAL STORM WATER DISCHARGE. For the purpose of determining surcharges, storm water that is normal for a residential user or building.
      OPERATION AND MAINTENANCE COSTS. All costs, direct and indirect, necessary to provide adequate storm water collection, transportation and management on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements. (These costs shall include replacement.)
      OTHER SERVICE CHARGES. Tap charges, connection charges, area charges, and other identifiable charges, other than user charges, debt service charges and excessive strength surcharges.
      PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
      REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the storm water system to maintain the capacity and performance for which such system was designed and constructed.
      RESIDENTIAL USER. A user of the storm water system whose premises or building is used primarily as a single-family residence for one or more persons. Any residence that also conducts a home- based business shall be considered to be a non- residential user and not eligible for the residential user rates.
      STORM WATER. That water which is received by the town and its residents from precipitation that occurs as a result of climatic changes and storm events.
      STORM WATER SEWAGE SYSTEM. The entire storm water collection and discharge system for the town as set forth in this chapter.
      STORM WATER USE ORDINANCE. A separate and companion enactment to this chapter, which regulates the connection to and use of public and private storm water sewer systems.
      TOWN. The Town of Albany, Indiana acting by and through the Town Council.
      USER CLASS. The division of storm water customers by source, function, characteristics, and process or discharge similarities (i.e., residential, multi-family residential, mobile home park, commercial, industrial, institutional, and governmental in user charge system).
      WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and commercial wastes and dispose of the effluent.
   (B)   SHALL. SHALL is mandatory; MAY is permissive.
(Ord. 2004-19, passed 6-28-04)