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(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests in writing and is able to demonstrate to the satisfaction of the city that the release of this information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(B) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the agencies for uses related to this chapter, the NPDES/KPDES permit, sludge disposal system permit and/or the pretreatment programs upon request. Such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. No. 17-91, 6-25-91)
All applications, reports or information submitted to the city shall be signed and certified in accordance with the following requirements. Written designation of the signatory official must be received by the Utility Director prior to acceptance of any application or other required document.
(A) All permit applications shall be signed:
(1) For a corporation: by a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
(B) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specifies either an individual or a position having facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility.
(C) Certification.
(1) Any person signing a document under this section shall make the following written certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(2) A facility determined to be a non-significant categorical industrial user by the Operations Manager pursuant to § 31.301 must annually submit the following certification statement signed in accordance with the signatory requirements in this section. This certification must accompany any alternative report required by the Operations Manager:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [Part], I certify that, to the best of my knowledge and belief that during the period from [month/day] , [year] to [month/day], [year]:
(a) The facility described as [Facility Name] met the definition of a non-significant categorical industrial user as described in § 31.301.
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
(Ord. No. 17-91, 6-25-91; Am. Ord. No. 01-13, § 11, 2-5-13)
Division 7. Sewer Fees and Charges
(A) The city may adopt charges and fees which may include:
(1) Fees for reimbursement of costs of setting up and operating the city's pretreatment program;
(2) Fees for monitoring, inspections, and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals;
(6) Fees for consistent removal by the POTW of excessive strength conventional pollutants;
(7) Other fees as the city may deem necessary to carry out the requirements contained here.
(B) These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the city. All fees and charges not specifically established will be set by the superintendent and will be based on the annual review of the cost incurred by the city to carry out the requirements contained herein.
(Ord. No. 17-91, 6-25-91)
(A) Sewer service charges shall be charges levied on all users who discharge, cause or permit the discharge of sewage into the public sewage treatment system. Sewer service charges shall be comprised of a system of user charges, excessive strength surcharges and a system of charges for debt service.
(B) User charges shall mean charges levied on users of the sewage system to offset the cost of operations and maintenance of the system including normal replacement costs.
(C) Excessive strength surcharges shall mean charges levied on all wastewater users of the sewage treatment system whose wastewater contribution contains biological oxygen demand (BOD)5, suspended solids (SS) ammonia nitrogen (NH3-N), and/or total oil and grease (O&G) in concentrations which exceed limits specified herein for such pollutants and who are permitted to make such wastewater contributions to the system by decision of the sewer commission.
(D) Charges for debt service shall mean charges levied on users of the sewage treatment system to support the annual debt service obligations of the system.
(Ord. No. 17-91, 6-25-91)
(A) The rates and charges for sewer service shall be based insofar as possible upon the quantity of water supplied to the respective premises as the same is measured by water meter(s) used by the utility companies supplying water to sewer customers. There shall be charged monthly to the owner or occupant of each and every lot, parcel of land, building or premises, within the corporate limits, discharging sewage, water or other liquid wastes connected with the municipal sewer system, the following rates for user charges and rates for debt service charges based upon the water meter readings or estimated water consumption as follows:
(1) Commodity charge:
First 200 cubic feet (minimum bill) $6.9000/monthly
Over 200 cubic feet $2.63/100 cubic feet
(2) Late payment charge: 10% will be added if bill is not paid by the 10th day after billing date.
(3) Reconnect charges: $20.00 for customers of Berea Water Utility; $40.00 for customers of Southern Madison Water District.
(4) Discontinuance of service for non-payment: If the account is not paid by the 20th day after the date of mailing of the monthly bill, service may be discontinued in accordance with the rules and regulations of the Berea Municipal Sewer Utility.
(5) Additional charges: There shall be added to the bill of each customer as a separate item an amount equal to the proportionate part of any license, franchise or similar fee or tax now or hereafter imposed upon the Berea Municipal Sewer Utility by any governmental body or entity, including but not limited to the Berea Independent School District or the Madison County School District, or similar administrative or governmental body.
(B) A schedule of tapping fees or connection fees or charges for each connection to the sanitary sewer system of the city is established. From and after the effective date of this chapter, the schedule of tapping fees or connection fees or charges shall be paid to the city within ninety (90) days after notice is given by the city to the owner or occupant of any premises where sanitary sewer service is made available by the city that the adjacent sanitary sewer facility is capable of receiving sewage. The schedule of tapping fees or connection fees or charges is as follows:
Tapping and Connection Charges:
| |||
Meter Size (Inches)
|
Maximum Flow (GPM)
|
Equivalent Factor
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Connection Fee ($)
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Tapping and Connection Charges:
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Meter Size (Inches)
|
Maximum Flow (GPM)
|
Equivalent Factor
|
Connection Fee ($)
|
5/8 | 20 | 1.0 | 400 |
1 | 50 | 2.5 | 1,000 |
1-1/2 | 100 | 5.0 | 2,000 |
2 | 160 | 8.0 | 3,200 |
3 | 320 | 16.0 | 6,400 |
4 | 500 | 25.0 | 10,000 |
In the event a larger, or an additional meter is installed, additional charges based on the foregoing shall be imposed and paid.
(C) An application shall be submitted for all new sewer line connections or extensions, along with the proposed plans for construction, for approval by the commission prior to commencement of the work thereon. The cost of construction of all sewer service lines or extensions shall also be paid by the customer applying for a new service line connection. Upon approval and immediate payment of the sewer tapping and connection fee, the sewer commission shall grant to the applicant a permit to tap or connect the service line to the existing public sewage treatment system. All construction and improvements shall be done according to the existing building codes or other applicable building codes and shall be subject to inspection and approval by the city prior to connecting to the public sewage treatment system. Sewer line extensions and service line connections constructed in, along or upon public streets, roads, alleys, or dedicated utility easements, after inspection, approval, and acceptance by the commission, shall become a part of the public sewer system of the city.
(D) Normal monthly billings for sewer service shall be determined on the basis of each user's metered water consumption and rates provided by subsection (A). It is recognized in the assessment of charges that not all metered water consumption is returned to the sewers. For the purpose of assessing service charges equitably, the average percentage of metered water consumption returned to the sewer is deemed to be ninety (90%) percent. Where it can be evidenced that the proportion of metered water consumption actually returned to the treatment system by an individual customer is significantly different from ninety (90%) percent, service charges shall be determined on the basis of actual wastewater discharge. In this event, the volume of wastewater discharge shall be determined by using additional water meters to segregate water consumption that is returned to the sewers and/or actual consumption that is returned to the sewers and/or actual metering of wastewater flows and/or any other procedure determined by the user and the sewer commission as a reasonable method of determining flows. The city reserves the right to require the installation of additional water meters and/or wastewater flow meters for the purpose of determining actual monthly wastewater flows.
(Ord. No. 17-91, 6-25-91; Amd. Ord. No. 18-95, 9-19-95; Amd. Ord. 20-97, 9-16-97; Amd. Ord. No. 10-08, 9-16-08; Amd. Ord. No. 17-09, 8-18-09
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