(A) Rates and charges. For the use of and the services rendered by the POTW, rates and charges shall be collected from the owner or user of each and every lot, parcel of real estate or building that is connected with the town’s sanitary sewage system or otherwise discharges sanitary sewage, industrial waste, water or other liquids, either directly or indirectly, into the sanitary sewer system of the Town of Bargersville, which rates and charges are payable as hereinafter provided and shall be in an amount determinable as follows:
(1) The sewage rates and charges shall be computed on a base charge/flow charge system related to the quantity of water used on or in the premises subject to such use, and shall be composed of (1) a monthly base charge, based on the water meter size and (2) a gallonage charge per 1,000 gallons, all subject to an overall monthly minimum charge, except as otherwise provided in this chapter. Sewage service rates, based upon these factors, shall be as follows:
(a) Metered rates:
Metered Rates | Phase I (effective 1-1-2022) | Phase II (effective 1-1-2023) |
Per 1,000 gallons | $9.17 | $10.31 |
(b) Base charge per month. In addition to the metered block rate or applicable minimum consumption schedule, each user shall pay a monthly base charge in accordance with the following applicable size of meter installed:
Meter Size | Charge per Month | |
Phase I (effective 1-1-2022) | Phase II (effective 1-1-2023) | |
Meter Size | Charge per Month | |
Phase I (effective 1-1-2022) | Phase II (effective 1-1-2023) | |
5/8 or 3/4 inch | $12.07 | $13.57 |
1 inch | $25.83 | $29.03 |
1 1/2 inch | $56.04 | $62.99 |
2 inch | $94.44 | $106.15 |
3 inch | $213.46 | $239.93 |
4 inch | $369.06 | $414.82 |
6 inch | $835.92 | $939.57 |
8 inch | $1,486.76 | $1,671.12 |
10 inch | $2,320.68 | $2,608.44 |
(c) Minimum consumption:
Minimum Charge | Phase I (effective 1-1-2022) | Phase II (effective 1-1-2023) |
2,000 gallons | $30.41 | $34.19 |
(2) Notwithstanding division (A)(1) of this section, the minimum charge per month for sewage service for any user, whether a metered water consumer or a user who is not a water user, is $27.37.
(3) For the services rendered to the Town of Bargersville, the town shall be subject to the same rates and charges as hereinbefore provided, or to charges and rates established in harmony therewith.
(4) In the event two or more residential lots, parcels of real estate or buildings discharging sewage, water or other liquids into the town’s POTW, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the minimum charge of the sewage rates and charges shall be multiplied by the number of residential lots, parcels of real estate or buildings served through the single water meter.
(5) In the event two or more dwelling units, such as trailers, apartments or housekeeping rooms, discharging sewage, water or other liquids into the town’s POTW, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, for billing purposes, the minimum charge of the sewage rates and charges shall be multiplied by the number of dwelling units. A dwelling unit shall be interpreted as a room or rooms or other living space or spaces, in which cooking facilities are provided.
(6) Water which is used in the process of manufacture or for any other purpose, which does not discharge into the POTW shall be exempt from charges; provided, however, that the property owner shall install the necessary meters to indicate the amount of water which does not discharge into a combined or sanitary sewer of the POTW of Town of Bargersville, which meter shall be subject to the approval of the town.
(7) In the event a lot, parcel of real estate or building discharging sanitary waste, water or other liquid into the POTW of the town, either directly or indirectly, is not a user of water supplied by the town, and the water used thereon or therein is not measured by a town water meter or by a meter acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town in order to determine the rate of charge provided for in this chapter, or the owner, or other interested party, at his or her own expense, may install and maintain a water meter or other water or sewage measuring device acceptable to the town for said purpose, and the quantity of water used, as measured by said meter, shall be used to determine the sewage service charge and there shall be charged an amount determined by the sewage service rates as herein set forth.
(8) In the event a lot, parcel of real estate or building discharges sewage in the form of industrial waste, either directly or indirectly, into the POTW of the town, and the town finds it is not practicable to attempt to measure such wastes by meter, it shall measure the same in such manner and by such method as it may find practical in the light of the conditions and attendant circumstances of the case in order to determine the rates and charges according to the corresponding rates provided in this chapter. If the town finds that it is practicable to attempt to measure such wastes by meter, then the owner of the property shall install and maintain a meter acceptable to the town on ten days’ notice.
(9) Special service rates.
(a) Special service rates shall be applicable to all users who generate wastewater which contains any nonconventional pollutants or strengths of BOD, SS, TKN, or TP that exceed the system average strengths of 300 ppm BOD, 300 ppm SS, 40 ppm TKN, and 7 ppm TP as determined by testing to be included in the user’s individual discharge permit. Strength charges are to be computed on actual measured strengths and volumes.
(b) Special service rates shall be determined by the Wastewater Supervisor.
(10) In order that the rates and charges may be justly and equitably adjusted to the service rendered, the town shall have the right to base its charges not only on volume, but also on the strength and character of the sewage and wastes discharged, either directly or indirectly, into the town’s POTW in such manner and by such method as it may find practicable, in light of the conditions and attending circumstances of the case in order to determine the proper charges. The charges shall, where deemed necessary, be adjusted on a flat rate basis by the month.
(11) Such rates and charges shall be billed monthly and shall be due and payable on or before the last day of the calendar month next succeeding the day of billing; provided, however, that the first billing may be for a period of more or less than a full month, in order to make the monthly collection periods correspond with the water meter readings of the town, depending upon the date the sewage works rates and charges go into effect.
(12) The rates and charges may be billed to the tenant or tenants occupying the properties served, if requested in writing by the owner, but such billing shall not relieve the owner from liability in the event payment is not made by the tenant or tenants as herein required. The owners of properties served which are occupied by tenants shall have the right to examine the collection records of the town for the purpose of determining whether such rates and charges have been paid by such tenants, provided that such examination shall be made at the office in which the records are kept and during the hours that the office is open for business.
(13) The Town of Bargersville is hereby authorized to make any adjustment in any charges billed to a metered user of water for any purpose where such water does not enter the sewer system of the town.
(14) Nonadditional metered residential users.
(a) This division (A)(14) applies only to nonadditional metered residential users of the POTW. NONADDITIONAL METERED means and refers to a residential user whose usage of the sewage works is billed entirely through one water meter and who has no additional water meter to bill for special or nonresidential uses, including but not limited to commercial or industrial uses, and lawn sprinkling, the filling of swimming pools and other uses that do not enter the sanitary sewer system.
(b) A residential user is a user of the sewage works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units. In the event a portion of the premises or building is used for commercial or industrial purposes or other nonresidential purposes, the owner shall have the privilege, at the owner’s cost, of separating water service so that the residential portion of the premises or building is served through a separate meter, and in such case, the water usage as registered by the water meter serving such portion of the premises used for residential purposes shall qualify for the rates set pursuant to this division (A)(14).
(c) In order that there will be no additional sewage charges to nonadditional metered residential users for water used in lawn sprinkling and other uses that do not enter the sewer system during the months of May, June, July, August, September and October of each year (“the summer months”), the monthly sewage billing for nonadditional metered residential users for each May, June, July, August, September and October in each year shall be determined as follows:
1. The lower of (i) actual or estimated units of water used as billed by the town pursuant to the normal rates provided in divisions (A)(1) and (2) of this section as amended or (ii) 1.334 x (times) the winter average.
2. The winter average shall be defined as the actual or estimated units of water used as billed by the municipal water utility during the preceding months of December, January, February, March and April divided by five.
3. Nonadditional metered residential users without a winter average shall be billed the lower of (i) actual or estimated units of water used as billed by the town pursuant to the normal rates provided in divisions (A)(1) and (2) of this section as amended or (ii) the charge for 5,000 gallons of water x (times) 1.334 of the normal rates provided in (a) divisions (A)(1) and (2) of this section.
(15) Special adjustments.
(a) NONADDITIONAL METERED has the same meaning in this division as in division (A)(14) of this section.
(b) The town, acting through the Utilities Administrator, is hereby authorized to consider and act upon all requests for adjustments in sewer charges received from large volume water users such as swimming pool owners, persons using automatic sprinkler systems, persons experiencing major water leaks on their premises and other persons whose measured water use does not fairly reflect the amount of the sewage being introduced into the sewage system. The granting and amount of any adjustment is in the discretion of the utility.
(c) In the case of draining and/or refilling swimming pools, no adjustment shall be made unless the nonmetered user contacts the utility prior to draining and/or refilling his or her pool and makes arrangements for the adjustment. In the case of nonmetered users seeking adjustments on account of watering new sod or newly seeded lawns or newly repaired lawns, no adjustment shall be made unless the nonmetered user contacts the utility prior to watering and makes arrangements for the adjustment. In the cases of leaks in water lines where the leak does not cause or allow water to enter the sewage system, the granting in the amount of any adjustment may be conditioned upon, among other things, prompt repair of such leaks.
(B) Availability and connection fees.
(1) No connection to the town’s POTW shall be allowed until a permit is obtained and payment of sewer availability fee, force main availability fee and sewer connection fee have been made to the town, except as provided in division (B)(7) of this section.
(2) Sewer availability fee (or SAF). For a standard single-family residence which is not part of a subdivision and for any user which is not residential and which also is not part of a commercial subdivision, the SAF is charged and paid at the time of connection to the town’s POTW. For a subdivision, residential or commercial, the developer shall pay one-half of the SAF for each lot in the subdivision to the town at the time of the execution of a sewer service agreement. For a subdivision, residential or commercial, the other one-half of the SAF shall be paid to the town by the lot owner at or before the issuance of a building permit.
(3) Force main availability fee (or FMAF). For a standard single-family residence which is not part of a subdivision and for any user which is not residential and which also is not part of a commercial subdivision, the FMAF is charged and paid at the time of connection to the town’s POTW. For a subdivision, residential or commercial, the developer shall pay all of the FMAF for each lot in the subdivision to the town at the time of the execution of a sewer service agreement.
(4) Sewer connection fee (or SCF). The SCF is paid at the time of connection to the town’s POTW.
(5) (a) The sewer availability fee is hereby established in the amount of$4,100 effective January 1, 2022 (Phase I) and $4,100 effective January 1, 2023 (Phase II) per standard single-family residential unit.
(b) The force main availability fee is hereby established in the amount of$400 effective January 1, 2022 (Phase I) and $400 effective January 1, 2023 (Phase II) per standard single-family residential unit.
(6) (a) The SAF and FMAF for users which are not standard single-family residential units shall be based on equivalent domestic units (“EDUs”). (For example, if it is determined that a user which is not a standard single-family residential unit will use two EDUs per day, the SAF for such user shall be $5,100 and the FMAF shall be $500.) See the table below. SAFs and FMAFs are not computed in fractions and are rounded up.
(b) For purposes of determining the estimated average flow in gallons per day for users other than a standard single-family residence and for purposes of calculating the SAF and FMAF, the number of EDUs for a user, other than a standard single-family residence, shall be determined according to the table below, which estimated flow shall be divided by 310 gpd to derive the number of EDUs and to calculate the resulting SAF and FMAF:
TABLE FOR ESTIMATING WASTEWATER FLOWS
Type of Establishment | Estimated Flow (Gallons per Day) |
Type of Establishment | Estimated Flow (Gallons per Day) |
Agricultural labor camp | 50 per occupant |
Airport | 3 per passenger plus 20 per employee |
Apartment | 200 per one bedroom 300 per two bedroom 350 per three bedroom |
Assembly hall | 3 per seat |
Bar (without food service) | 10 per seat |
Beauty salon | 35 per customer |
Bowling alley With bar and/or food Without food service | 125 per lane 75 per lane |
Bus station | 3 per passenger |
Campground Organizational With flush toilets Without flush toilets Recreational With individual sewer connection (independent) Without individual sewer connection (dependent) | 40 per camper 20 per camper 100 per campsite 50 per campsite |
Church With kitchen Without kitchen | 5 per sanctuary seat 3 per sanctuary seat |
Condominiums | 200 per one-bedroom 300 per two-bedroom 350 per three-bedroom |
Correctional facilities | 120 per inmate |
Day care center | 20 per person |
Dentist | 750 per chair plus 75 per employee |
Factory With showers Without showers | 35 per employee 20 per employee |
Food service operations Cocktail lounge restaurant (not 24 hour) restaurant, 24 hour Restaurant, 24 hour along interstate | 35 per seat 35 per seat 50 per seat 70 per seat |
Tavern | 35 per seat |
Curb service (drive-in) | 50 per car space |
Hospital, medical facilities | 200 per bed |
Hotel | 100 per room |
Kennels | 20 per animal enclosure |
Mental health facility | 100 per patient |
Mobile home park | 200 per lot |
Motel | 100 per room |
Nursing home | 100 per bed |
Office building | 20 per employee |
Outpatient surgical center area | 50 per patient |
School Elementary Secondary | 5 per visitor 15 per pupil 25 per pupil |
Service station (gas station) | 400 per restroom |
Shopping center | 0.1 per square foot of floor space, plus 20 per employee |
Swimming pool bathhouse | 10 per swimmer |
Theater Drive-in Inside building | 5 per car space 5 per seat |
(c) If there is no appropriate estimated flow classification listed above, then the Utilities Administrator shall determine the estimated average flows based upon good engineering judgment and such reasonable information as may be available.
(7) The SAF and FMAF are not applicable to and shall not be charged for any new (first) connection to a single-family residential unit which had been constructed and was existing within the town limits on October 1, 1994, but they shall be applicable to and charged for any additional (second or subsequent) connection to such an existing single-family residential unit. The FMAF is not applicable to and shall not be charged for any connection in which (a) the developer has constructed or otherwise paid for a force main which connects with the town’s wastewater treatment plant, (b) the developer has dedicated the force main to the town and (c) the force main has been accepted by the town.
(8) The Town Council may from time to time change the amount of the SAF and/or FMAF.
(9) The sewer connection fee (SCF) is hereby established in the amount of $250 per single-family residential unit.
(10) The SCF for users which are not single-family residential units shall be the same as single-family residential units unless the town, in its sole discretion, through the Utilities Administrator, determines that such fee is either significantly more or less than appropriate as a result of the proposed user’s circumstances and, therefore, establishes a different amount of such fee for such user based upon the estimated use and type of connection by such user.
(11) The SCF shall be paid in full before the new or additional connection is made to the town’s sewage system.
(12) The Town Council may from time to time change the amount of the SCF.
(C) The rates and charges fixed herein shall be extended to and cover any additional premises hereinafter served, without the necessity of any hearing or notice. If any service rate or charge hereby established shall not be paid within 30 days after the same is due, a statement therefor shall be placed in the hands of the Town Attorney, and it shall be the duty of the Town Attorney to institute a civil action in the name of the Town of Bargersville to recover the amount thereof, together with a penalty of 10% and a reasonable attorney’s fee, as provided by law.
(D) The rates and charges established by this chapter shall be collected by the town. The town shall make and enforce such rules and regulations as may be deemed necessary for the safe, economical and efficient management of the town’s POTW, including the sewerage system, regulator chambers, pumping stations and sewage treatment plant, for the construction and use of house sewers and connections to the POTW, and for the regulation, collection, rebating and refunding of such rates and charges.
(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019; Ord. 2021-04, passed 3-30-2021; Ord. 2021-16, passed 10-5-2021; Ord. 2022-14, passed 6-28-2022)
Penalty, see §
53.99