(a) Application. This section shall become effective to users of the sanitary sewerage system as follows:
(1) To each such user that is connected to the sanitary sewerage system on January 1, 1996, on such date; and
(2) To each user of the sanitary sewerage system that connects to the sanitary sewerage system after January 1, 1996, at such time as such user's connection has been completed in accordance with this chapter.
Upon the date that this section becomes effective, with respect to any user of the sanitary sewerage system in accordance with the above provisions, as applicable, Ordinance 56-81, as amended by Ordinances 28-85, 35-86, 42-87, 63-87, 127-87, 43-88, 61-88, 31-90, 120-90, 49-91, 75-91, 57-93, 40-94, 41-94 and 148-94 shall be ineffective as to such user, and this section shall become effective and shall supersede any portion of Ordinances 56-81, 28-85, 35-86, 42-87, 63-87, 127-87, 43-88, 61-88, 31-90, 120-90, 49-91, 75-91, 57-93, 40-94, 41-94 and 148-94 which is inconsistent with this section.
(b) Definitions. As used in this section:
(1) “Avon Lake Wastewater Service Area” means the portion of the City of Avon serviced by the Avon Lake Wastewater Treatment Plant.
(2) “Base charge” means the flat charge per month, as fixed and established in subsection (i) hereof, presently $1.99 per sewer account.
(3) “Debt service charges” means the annual charges payable by the City for the payment of the principal of, or interest or any premium on, bonds, notes or other obligations issued to finance permanent improvements to the sanitary sewerage system.
(4) “Industrial wastes” means the liquid waste resulting from any industrial operation or process.
(5) “Maintenance” means the keeping of the sanitary sewerage system and related treatment works in a state of repair.
(6) “North Ridgeville Wastewater Service Area” means the portion of the City of Avon serviced by the French Creek Wastewater Treatment Plant.
(7) “Operation” means causing the sanitary sewerage system and related treatment works to function for their intended purposes.
(8) “Premises” means a parcel of real estate, including any improvement thereon, which is determined by the Public Service Director of the City of Avon to be a single user for the purposes of receiving, using and paying for service of the sanitary sewerage system.
(9) “Replacement” means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the sanitary sewerage system and related treatment works to maintain the capacity and performance for which the sewerage system and related works were designed and constructed.
(10) “Sanitary sewage” means sewage containing a combination of water- carried wastes from residences, business buildings, institutions and industrial establishments, contributed by reason of human occupancy.
(11) “Sanitary sewer” means a sewer which carries sanitary sewage and industrial wastes and to which storm, surface and ground waters are not intentionally admitted.
(12) “Sanitary Sewer Fund No. 2" (Fund No. 631 on City accounting records) means the fund where all sewer service charges are recorded, and where 20% of all sewer tap-in charges are recorded.
(13) “Sanitary Sewer Replacement and Depreciation Fund” (Fund No. 406 on City accounting records) means the fund where 80% of all sewer tap-in charges are recorded.
(14) “Sanitary sewerage system” or “sewerage system” means the system within the corporate boundaries of the City for the collection of wastewaters and sanitary sewage, maintained by the City.
(15) “Sewer service charges” means the aggregate of the base charge, if applicable, and the sewer use charge.
(16) “Sewer use charge” means the monthly charge, calculated in accordance with the provisions of subsection (g) hereof, with respect to all lots, parcels of land, buildings or premises within the City, regardless of which sewer system services the property, for the use of the sanitary sewerage system, based on the costs of operation, maintenance, replacement and construction of the sanitary sewerage system, including any treatment works that service the sanitary sewerage system and debt service charges relating to such system or treatment works.
(17) “Sewer use rate” means the rate expressed in dollars, if any, and cents, per 1,000 gallons per month, as fixed and established in subsection (i) hereof, with respect to all lots, parcels of land, buildings or premises within the City, to be used in calculating the sewer use charge, which rate shall be based upon the costs of operation, maintenance, replacement and construction of the sanitary sewerage system, including any treatment works that service the sanitary sewerage system and debt service charges relating to such system or treatment works.
(18) “User” means a user of the sanitary sewerage system.
(19) “User class” means a group of users that discharges, or causes or permits the discharge of, wastewater with similar characteristics into the sewerage system. All users classified as residential, institutional, governmental, commercial and industrial users comprise, respectfully, a residential user class, an institutional and governmental user class, a commercial user class and an industrial user class.
A. "Residential class" includes all single or multiple unit residential accounts with domestic-type sewage only. A residence which includes a commercial establishment shall be considered a domestic account if the sewage produced is primarily domestic in nature and if the flow contributed by the commercial activities of the establishment is a secondary flow of the sewer connection.
B. "Institutional and governmental class" includes, but is not limited to, private schools, hospitals, nursing homes, churches, charitable organizations and Federal, State, County and City accounts.
C. "Commercial class" includes all nonresidential accounts, such as any aggregation of space, offices, laundry facilities, restaurants, stores, shops, apartments or transient residences, which are equipped with one or more water fixtures draining into the sewerage system.
D. "Industrial class" includes all accounts with nondomestic-type sewage, which accounts meet the criteria of the Federal Water Pollution Control Act of 1972 (Public Law 92-500), as interpreted by the United States Environmental Protection Agency Rules and Regulations published in the Federal Register on Monday, February 11, 1974 (Vol. 39, No. 29), as follows:
Sec. 35.905-8. Industrial User. Any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
1. Division A. Agriculture, Forestry and Fishing
2. Division B. Mining
3. Division D. Manufacturing
4. Division E. Transportation, Communications, Electric, Gas and Sanitary Services
5. Division I. Services
A user in the divisions listed herein may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences only.
(c) Rules and Regulations. The City shall make and enforce rules and regulations as may be necessary for the regulation, collection, rebating and refunding of sewer service charges.
(Ord. 188-95. Passed 12-26-95.)
(d) Connection Charges to Sanitary Sewer Supplier Systems.
(1) In addition to all other charges, new dwellings must connect to either the French Creek Wastewater Treatment Plant sewer (North Ridgeville) or the Avon Lake Wastewater Treatment Plant sewer, depending on the geographical location within the City of Avon.
A. If on the North Ridgeville system, the property owner is responsible to pay the connection charge to the City of North Ridgeville directly at the North Ridgeville City Hall. The property owner must provide proof of this payment when paying their tap-in fee to the City of Avon.
B. If on the Avon Lake system, the property owner will pay the connection charge, also known as the trunk sanitary sewer capacity fee, to the City of Avon. See 1042.15.
(e) Tap-in Charges.
(1) There is hereby levied a sewer tap-in charge for each tap-in made to the sanitary sewerage system, of which 20% of the tap-in charge is to be deposited into Sanitary Sewer Fund No. 2, the funds from which shall be used for sewer debt reduction and/or for sewer operation and maintenance, and/or capital outlay, prior to the issuance of a building permit, if sanitary sewer service is available, or at the time that sanitary sewer service becomes available to a property owner, and, 80% of the tap-in charge is to be deposited into the Sanitary Sewer Replacement and Depreciation Fund as follows:
Meter Size (inches) | Non-Refundable Fee |
Meter Size (inches) | Non-Refundable Fee |
3/4 | $2,644.48+* |
1 | $2,644.48+* |
1-1/2 | $4,231.17+* |
2 | $4,231.17+* |
3 | $12,300.75 |
4 | $12,300.75 |
6 | $24,601.50 |
8 | $43,111.20 |
10 | $64,666.80 |
12 + | $115,747.50 |
+Rate effective July, 2022
*Check with Department of Utilities for current year’s rate.
(2) The tap fees for all customer laterals are based on the largest domestic water meter size servicing the parcel.
(3) Annual adjustment of fees. The sanitary sewer tap-in fees referred to in this section for 3/4, 1, 1-1/2 and 2-inch taps shall be adjusted by the Finance Director yearly beginning in 2015 by multiplying them by the first Cleveland Construction Cost Index figure published in July and every year thereafter and divided by $11,203.59, which is the current Engineering News Record construction cost of Cleveland. All other tap-in fees are subject to annual adjustment based on a yearly review conducted by the Finance Director and the Superintendent of Utilities.
(4) Notwithstanding all of the above in this subsection (e), the owner of any owner-occupied single family residential dwelling unit required to abandon their private septic system and tap into the City's sanitary sewer system may elect to have the sewer tap-in charge, plus (A) any fee charged by the County and (B) interest on the sewer tap-in charge amount at a rate of three percent (3%), said rate having been determined by the Director of Finance to be substantially equivalent to the fair market rate of interest had the City issued securities in anticipation of the collection of the sewer tap-in charge, certified to the County Auditor, who shall place the same upon the property tax list and duplicate against the property served by sewer tap-in charge, and such charge, shall be a lien on such property from the date the same is placed upon the property tax list and duplicate by the County Auditor and shall be collected in the manner of taxes in five equal annual (ten semi-annual) installments. Any property owner may elect to pre-pay such amounts at any time during the five year collection period. All such sewer tap-in charges and interest received shall be placed in the Sanitary Sewer Replacement and Depreciation Fund.
(5) Notwithstanding all of the above in this subsection (e), owners of any single family or two-family residential dwelling units required to abandon their private septic systems and tap into the City's sanitary sewer system as a result of an involuntary special assessment imposed upon them by the City of Avon or any other Federal, State or local governmental entity shall have their tap-in fees to the City of Avon waived and shall not be required to pay the tap-in charge set forth in paragraph (e)(1) hereof.
(f) Inspection Charges. There is hereby levied an inspection charge for each tap-in actually made to the sanitary sewerage system in the amount of one hundred ninety dollars ($190.00).
(g) Sewer Use Charge and Base Charge.
(1) Generally. The sewer use charge is hereby levied and assessed on each lot, parcel of land, building or premises having any connection into the sanitary sewerage system or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewerage system. In addition, the base charge is hereby levied and assessed on each lot, parcel of land, building or premises having any connection into the sanitary sewerage system or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewerage system. At the time such sewer use charge and base charge, if applicable, are effective as to the present users of the sanitary sewerage system, the charges or rates previously set for such users shall become ineffective.
(2) Calculation of sewer use charge. The sewer use charge for each lot, parcel of land, building or premises described in paragraph (g)(1) hereof shall be calculated as follows:
The sewer use charge for any month shall equal the total volume of sewage measured for payment under the provisions of division (l) of this section during such month, multiplied by the sewer use rate. For purposes of this paragraph, the sewer use rate shall be that rate fixed and established in subsection (i) hereof as the sewer use rate.
(3) Free service prohibited. Use of the sanitary sewerage system shall not be provided to any user thereof without payment of the sewer use charge and, if applicable, the base charge. All users shall be subject to the rules and regulations set forth in this chapter.
(Ord. 188-95. Passed 12-26-95.)
(h) Annual Review of Sewer Use Charges and Sewer Use Rates.
(1) Pursuant to the provisions of 40 CFR 35.2140, the sewer use charges and the sewer use rates shall be reviewed annually to accomplish the following purposes:
A. To maintain the proportionate distribution of operation and maintenance costs among users;
B. To generate sufficient revenue to pay the total operation and maintenance costs (including replacement) of the sanitary sewerage system and related treatment works; and
C. To apply excess revenues collected from the users to the costs of operation and maintenance for the next year and adjust the sewer use rate accordingly.
(2) The annual review shall be done by the Superintendent of Utilities and the Finance Director, using generally accepted accounting principles. Following such annual review, a written report shall be prepared and submitted to Council. The rates shall be reviewed each year between June 1 and September 1, in conjunction with the Annual Review of water rates. As part of the review process, the written report shall be submitted to Council containing the basis upon which the Superintendent of Utilities and the Finance Director recommend adjustment of the rates established by this section and containing the recommendation of the Superintendent of Utilities and the Finance Director concerning increase and decrease in the rates. Council shall establish the effective date of the new rates.
(3) The annual review shall be further documented by the annual report being placed into the minutes of Council at a regularly scheduled meeting. Council shall, thereafter, review such recommendations and adopt appropriate legislation to adjust the user charges.
(4) It shall be the policy of the City to pay the capital costs, including debt service charges, to construct the sanitary sewerage system with moneys generated from sewer use charges and sewer tap-in charges until such time as such payments become economically unfeasible. The feasibility of such payments shall be determined by the Finance Director.
(5) Following the annual review, in conjunction with a regular bill, each user shall be notified of any adjustment to the sewer use rate.
(Ord. 189-96. Passed 12-23-96.)
(i) Schedule of Base Charge and Sewer Use Rate. The base charge and sewer use rate shall be fixed and established as follows, subject to adjustment pursuant to paragraph (h)(5) hereof:
(1) Base charge for all users: $1.99/month
(2) (a) In 2024 sewer use rate for all users: $8.22/1,000 gallons
(b) Beginning in 2025 sewer use rate for all users: $8.55/1,000 gallons
The Director of Finance is hereby authorized and directed to adjust, from time to time, the dollar amount of the base charge and/or the sewer use rate fixed and established in this subsection to reflect any increase or decrease in such amount charged by the City of Avon, the City of North Ridgeville or the City of Avon Lake but no such adjustment shall take effect until the billing date following the Finance Director filing with the Clerk of Council a notice of the base charge adjustment or sewer use rate adjustment, as the case may be.
(Ord. 202-98. Passed 12-28-98; Ord. 190-01. Passed 12-17-01; Ord. 56-07. Passed 5-14-07; Ord. 17-11. Passed 2-28-11; Ord. 43-12. Passed 5-14-12; Ord. 15-14. Passed 1-27-14; Ord. 94-15. Passed 7-13-15; Ord. 68-16. Passed 6-13-16; Ord. 59-18. Passed 7-9-18; Ord. 68-19. Passed 7-8-19; Ord. 89- 19. Passed 10-15-19; Ord. 64-20. Passed 7- 13-20; Ord. 59-21. Passed 8-9-21; Ord. 3-24. Passed 1-22-24; Ord. 23-24. Passed 3-11-24.)
(j) Payment of Sewer Charges. The sewer charges provided for in this section and in Section 1042.13 shall be payable monthly at such locations as may be determined by the City. However, if such sewer charges are billed and collected with water charges, such charges are payable at the same times as such water charges are payable. The sewer charges provided for in this section and in Section 1042.13
shall be increased by a penalty of ten percent (10%) of such charges, if such charges are not paid prior to the next date of billing.
Each sewer charge levied by, or pursuant to, this section shall be made a lien upon the corresponding lot, parcel or premises serviced by a connection with the sanitary sewerage system, either directly or indirectly, and if such sewer charges and penalties are not paid within sixty days after they become due and payable, they may be, if legally permitted, certified to the County Auditor, who shall place the same on the tax duplicate of the County, with the interest and penalties allowed by law, to be collected as taxes are collected.
(k) Measurement of Volume. The volume of sewage measured for payment for each account shall be as follows:
(1) When the user is also supplied with water from a public water system, the quantity of water measured for payment shall also be the quantity of sewage measured for payment.
(2) When the user is also supplied with water from a public water system and only part of the water enters the sanitary sewerage system, the City may require or permit the installation of an additional meter to measure the quantity of sanitary sewage actually entering the sanitary sewerage system, and the quantity of sanitary sewage measured for payment shall be the quantity of sanitary sewage measured by such additional meter. Such additional meter shall be approved by the City and shall be furnished, installed and maintained at the cost of the user.
(3) When the user is supplied with water, in part or in total, from a source other than a public water system, the City shall require the installation of a meter or meters to measure the supply of water from all sources, or to measure the volume of sewage entering the sewerage system. The meter or meters shall be purchased from the City by the user. In the event that a meter or meters are installed to measure solely the supply of water from all sources, the quantity of water measured shall also be the quantity of sanitary sewage measured for payment. In the event that a meter or meters are installed to measure solely the volume of sanitary sewage entering the sanitary sewerage system, the quantity of sanitary sewage measured for payment shall be the quantity of sanitary sewage measured by such meter or meters.
(4) All meters required under this section shall be purchased from the City by the user.
(5) The City may require from the user that the City be furnished, upon request, with information and data on all sources of water within the confines of such user’s premises which may enter the sanitary sewerage system.
(6) When the user has a second meter installed, a yearly maintenance fee of forty-eight dollars ($48.00) will be charged, payable at a monthly rate of four dollars ($4.00). Such second meter may be inspected annually, on dates to be determined by the Division of Water and Sanitary Sewers.
(7) The user shall not have the option of turning off the second meter for the winter season and turning it on for the summer season. The second meter shall be on continually and will be billed on a separate account.
(8) No person shall fail to make proper use of the second meter as set forth in paragraphs (k)(6) and (7) hereof.
(Ord. 188-95. Passed 12-26-95.)
(l) Receipts and Disbursements. The funds received from the collection of sewer charges authorized by this section shall be deposited in a like manner as other City funds and shall be accounted for as follows:
(1) A fund shall be set up to be known as Sanitary Sewer Fund No. 2, (Fund No. 631 on City accounting records) which will receive all inspection fees, twenty percent of all connection or tap-in charges and sewer charges when appropriated by Council, shall be available for the payment of the operations and maintenance costs, debt service costs and capital improvement costs to and expansion of the sanitary sewer system infrastructure and the sewage pumping, treatment and disposal works.
(Ord. 176-99. Passed 11-8-99.)
(2) A fund shall be set up to be known as the Sanitary Sewer Replacement and Depreciation Fund, (Fund No. 406 on City Accounting records) which will receive eighty percent of all connection charges and shall be used solely to pay the costs of permanent improvements, as described in Ohio R.C. 133.15(B), to the sanitary sewerage system.
(Ord. 188-95. Passed 12-26-95; Res. R-2-09. Passed 3-9-09; Ord. 26-09. Passed 4-13-09; Ord. 5-10. Passed 2-8-10; Ord. 29-14. Passed 2-24-14; Ord. 43-14. Passed 4-14-14; Ord. 66-15. Passed 6-8-15; Ord. 56-17. Passed 7-3-17; Ord. 57-17. Passed 7-3-17; Ord. 122-22. Passed 11-14-22.)