(a) The Village does hereby establish a user charge system for the purposes as described herein:
(1) Developing a common and equitable operation, maintenance and replacement charge, per unit of normal strength wastewater, for all users of the Village wastewater collection and treatment facilities.
(2) Establishing a common and equitable surcharge for extra strength wastewater based on BOD and SS discharges and characteristics of flow.
(3) Insuring that all users share the economies of scale and that discounts are not given for volume of contribution.
(4) Establishing a system that identifies and isolates, as a minimum:
A. Costs for treatment;
B. Costs for interceptor and/or collector system maintenance;
C. Costs for services provided;
D. Costs for the administration, operation and maintenance of the facilities; and
E. Separate and distinct elements for other charges such as debt service and local capital costs.
(5) Insuring that the user charge system provides sufficient revenues to offset any and all actual costs for the operation and maintenance of such facilities.
(6) Insuring that any other political jurisdictions within the service area of such facilities will adopt, implement and enforce the user charge system as established herein.
(b) The Village does hereby establish that there shall be five classes of users of the Village wastewater collection and treatment facilities, as follows:
(1) "Domestic" means any single-family residence, or equal, user of the Village-owned wastewater collection and treatment facilities.
(2) "Commercial" means a class of user who normally contributes primarily segregated domestic wastes, or wastes from sanitary conveniences, into the Village-owned wastewater facilities; who contributes 25,000 gallons per day or less of sanitary waste, or a volume of process waste, or combined sanitary and process wastes, equivalent to 25,000 gallons per day of sanitary waste (see Section 925.01(a)(44)).
(3) "Industrial" means any nongovernmental user of the Village-owned wastewater collection and treatment facilities which discharges more than 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined sanitary and process waste, equivalent to 25,000 gallons per day of sanitary waste.
(4) "Institutional" means a class of user who contributes primarily segregated domestic wastes, or wastes from sanitary conveniences, into the Village-owned collection and treatment facilities; generally identified as hospitals, sanitariums, prisons, etc., may be excluded from the requirements of industrial cost recovery.
(5) "Governmental" means a class of user who usually contributes primarily segregated domestic wastes, or wastes from sanitary conveniences, into the Village-owned wastewater collection and treatment facilities; may be excluded from the requirements of industrial cost recovery. As applied herein, a municipality is defined as a village, town, city, county, district, association or other public body (including an intermunicipal agency of two or more of the foregoing entities) created by, or pursuant to, State law, having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management agency under Section 208 of the Act; excludes special districts such as school districts, which do not have as one of its principal responsibilities, the treatment, transport or disposal of liquid wastes.
(c) The Village does hereby establish that, unless otherwise amended, added to and/ or deleted from, as provided herein, the following shall be considered as being the average residential waste discharge in the Village sewer service area: An average flow of 100 gallons per day at a loading of 200 milligrams per liter of BOD and 250 milligrams per liter of SS per capita.
(d) The Village does hereby establish that the Village user charge system, based on actual use, shall also meet the following requirements:
(1) For the first year of operation under the provisions of the Federal grant, operation and maintenance charges shall be based upon past experience of the Village.
(2) The Village shall review annually the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment facilities, and the Village user charge system, and annually as may be required, revise the charges for users or user classes to accomplish the following:
A. Maintain the proportional distribution of operation and maintenance costs among users and user classes as required herein.
B. Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance, including replacement of the treatment facilities.
C. Apply excess revenues collected from a class of users to the costs of operation and maintenance, including replacement, attributable to that class for the next year, and adjust the rate accordingly.
(3) The user charge system hereby provides that each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge in the Village's wastewater treatment facilities shall pay for such increased costs.
(4) The user charge system hereby provides that the costs of operation and maintenance for all flow not directly attributable to users, i.e., infiltration/ inflow, shall be distributed among all users of the Village wastewater facilities in the same manner that it distributes the costs of operation and maintenance among users or user classes for their actual use.
(5) The user charge system hereby provides that the Village shall notify each user, at least annually, with a regular bill or through public notice, of the rate and that portion of the user charges which are attributable to wastewater treatment services. Public notice shall be in accordance with the laws of the State.
(6) The user charge system hereby disregards any terms or conditions of agreements or contracts between the Village and users, of all classes, which address the reservation of capacity in the Village's wastewater facilities or the charges to be collected by the Village in providing wastewater treatment services and which are inconsistent with the requirements of the “Act”.
(7) The user charge system hereby requires nonresidential users of the Village wastewater treatment facilities to pay the same rate per volume of wastewater as that paid by residential users.
(8) The user charge system hereby requires nonresidential users of the Village wastewater treatment facilities to comply with the requirements of this chapter, as those requirements apply to residential users.
(Ord. 1979-5. Passed 5-14-79.)