For the foregoing purposes and except as provided in this section, there is hereby levied and charged upon each lot, parcel of land or premises served by, or having a connection with the system or otherwise discharging sewage, industrial waste, water or other liquids, either directly or indirectly into the system, sewer charges, payable as set forth in this section.
(a) Class 1 Users - Residential and Commercial and Class 2 Users - Manufacturing and Industries. The following charges and fees are hereby adopted effective herewith as the bill charge, bill charge investment (as described in Section 925.08(c)(11)A., “Replacement Fund”), and volume charge until otherwise modified by councilmatic resolution:
Minimum Charges (per month): | 2014 | 2015 | 2016 |
Bill Charge: | $7.55 | $8.25 | $9.00 |
Bill Charge Investment: | 3.20 | 3.50 | 3.80 |
Volume Charge (per 1,000 gallons): | |||
Inside City Limits: | $5.50 | $6.00 | $6.55 |
Outside City Limits: | 8.25 | 9.00 | 9.83 |
(Ord. 2014-24. Passed 5-20-14.)
(b) Class 3 Users - Septic Tank Bulk Wastes. Commercial or private entities discharging septic tank bulk wastes into the raw interceptor at the Municipal Wastewater Treatment facility shall be charged based on the maximum volume capacity for each truckload. Partial loads will be charged at the full volume capacity rate. The rate charged for septic tank bulk waste shall be thirteen dollars and eighty-nine cents ($13.89) per thousand gallons delivered and discharged into the facility.
(c) Assessment for Sanitary Sewers.
(1) Definitions. As used in this Section 925.08 and in any other section of these Codified Ordinances which specifically refers to this Section 925.08, the following words and phrases shall have the following meanings:
A. "Construction Costs" shall mean the costs of constructing a Sanitary Sewer Extension, including, without limitation, the costs of materials and labor in connection with such construction, the costs of printing, serving and publishing notices, resolutions or ordinances relating to such construction, the amount of damages resulting from the improvement assessed in favor of the owners of land affected by the improvement and interest thereon, the cost incurred in connection with the preparation, levy and collection of a special assessment in accordance with this Section 925.08, Chapter 903 hereof, and any applicable provisions of the Ohio Revised Code, the cost of purchasing, appropriating and otherwise acquiring therefor any required real estate or interest therein related to such construction, the expenses of legal services, including obtaining an approving legal opinion, in connection with such construction, interest on bonds and notes issued to fund such improvement, whether in anticipation of the levy and collection of the special assessments or not, financing costs in connection therewith as described in Section 133.15 of the Ohio Revised Code and any other costs permitted to be paid from the issuance of securities issued pursuant to Chapter 133 of the Ohio Revised Code for such an improvement, together with all other necessary expenditures for construction of such an improvement in accordance with the detailed drawings and specifications, but excluding all Design and Specification Costs, all such construction costs being conclusively determined after such sanitary sewer has been constructed and placed, or able to be placed, in service.
B. “Design and Specification Costs” shall mean the costs of preliminary and other surveys and the costs related to the preparation of architectural and engineering designs, drawings, specifications, profiles and estimates in connection with construction of a Sanitary Sewer Extension.
C. "New Business Incentive Deduction" shall mean a deduction from the amount of the gross special assessment for a Sanitary Sewer Extension applicable to a single subject lot or parcel of land within the City zoned commercial or industrial or to be used in a manner consistent with land zoned commercial or industrial, as such gross special assessment is calculated under subsection (c)(2) below, such deduction being in an amount equal to the following percentages, as applicable, of such gross special assessment, based upon the number of jobs created or retained by the business using such lot or parcel of land:
Number of New or | % of Gross Special |
Retained Jobs* | Assessment Deducted |
5-10 | 5% |
11-20 | 10% |
21-30 | 15% |
31-40 | 20% |
41-50 | 25% |
51-60 | 30% |
61-70 | 35% |
71-80 | 40% |
81-90 | 45% |
91 or more | 50% |
*Numbers are inclusive provided, however, that the amount of such New Business Incentive Deduction shall be reduced by the amount of any grant from the Department of Development of the State of Ohio to the owner of such lot or parcel of land that will specifically be applied to such owner's portion of the Property Owner's Extension Costs.
D. "Property Owners' Extension Costs" shall mean A., with respect to property owners within the corporate boundaries of the City, fifty percent (50%) of the amount equal to the Construction Costs of extending local, lateral sanitary sewers or the equivalent of trunk or interceptor sanitary sewers that make available to individual lots or lands sanitary sewer service less the sum of the Construction Costs incurred within any intersections of the City and if the Sanitary Sewer Extension was initiated by the City and not the result of a petition from affected property owners, the interest on bonds and notes issued to fund such improvement, whether in anticipation of the levy and collection of the special assessments or not, and the financing costs in connection therewith as described in Section 133.15 of the Ohio Revised Code; provided, however, that if the Sanitary Sewer Extension was not initiated by the City but was the result of a petition from affected property owners, one hundred percent (100%) of the interest on bonds and notes issued to fund such improvement, whether in anticipation of the levy and collection of the special assessments or not, and the financing costs in connection therewith as described in Section 133.15 of the Ohio Revised Code shall be included as Property Owners' Extension Costs; and B., with respect to property owners outside of the corporate boundaries of the City, the amount equal to the Construction Costs of extending local, lateral sanitary sewers or the equivalent of trunk or interceptor sanitary sewers that make available to individual lots or lands sanitary sewer service, including, without limitation, the Construction Costs incurred within any intersections.
E. "Sanitary Sewer Extension" shall mean the extension by the City of a public sewer, as defined in Section 925.01 hereof, including, without limitation, the extension of local, lateral sanitary sewers or the equivalent of trunk or interceptor sewers.
F. "Lot frontage" For the purpose of determining assessments pursuant to this section, the minimum frontage for all lots shall be sixty-six feet. For all lots having an actual frontage in excess of sixty-six feet, the actual frontage shall be used in determining the assessment.
(2) Assessing the Costs of Constructing Sanitary Sewer Extensions. In connection with the construction of any Sanitary Sewer Extension within the City, the Council shall assess upon each lot or parcel of land that bounds and abuts upon the Sanitary Sewer Extension the portion of the Property Owners' Extension Costs applicable to such lot or parcel of land, as calculated in accordance with this subsection (c)(2). Such special assessments shall be levied by the Front Foot, as hereinafter defined, of the property bounding and abutting upon the Sanitary Sewer Extension. With respect to calculation of the amount of the special assessment levied upon each lot or parcel of land bounding and abutting upon the Sanitary Sewer Extension, such amount shall be calculated as follows and shall equal the NSA/P1 where:
GSA/P, = PORC x FF/Pi AFF and NSA/P1 = GSA/P1 NBID/P1 |
and where (l) GSA/PI refers to the amount of the gross special assessment for a single subject lot or parcel of land prior to the application of a New Business Incentive Deduction, if any, (2) POEC refers to the aggregate Property Owners' Extension Costs under item (A) of the definition thereof and applicable to all the lots and parcels of land within the corporate boundaries of the City bounding and abutting upon the Sanitary Sewer Extension, (3) AFF refers to the aggregate Front Footage (as hereinafter defined) of all such subject lots and parcels of land (4) FF/P1 refers to the Front Footage of such single subject lot or parcel of land, (5) NSA/Pi refers to the amount of the net special assessment for such single subject lot or parcel of land after the application of the New Business Incentive Deduction, if any, and (6) NBID/Pi refers to the New Business Incentive Deduction applicable to such single subject lot or parcel of land. For the purposes of this Section 925.08, "Front Footage" shall mean the actual footage of such lot or parcel of land as measured on the side of such lot or parcel of land abutting the Sanitary Sewer Extension. In each case in which a New Business Incentive Deduction is applicable to reduce the amount of the special assessment levied on a lot or parcel of land in accordance with this Section 925.08, the amount of such New Business Incentive Deduction shall be paid by the City as part of its costs to be borne with respect to construction of the applicable Sanitary Sewer Extension. Except as otherwise provided in this Section 925.08, such special assessments shall be levied in accordance with the applicable provisions of the Chapter 903 of the Codified Ordinances of the City.
(3) Earliest Effective Date of Assessments. No special assessment shall be levied by Council in accordance with this Section 925.08 and Chapter 903 of the City's Codified Ordinances prior to one year after the date that the related Sanitary Sewer Extension was completed as certified by the City Manager pursuant to Section 925.08(e)(4) hereof.
(4) Certification of Completion of Construction of Sanitary Sewer Extensions. Within thirty (30) days of completion of construction of a Sanitary Sewer Extension, the City Manager shall certify to the Clerk of Council the date that the construction of such Sanitary Sewer Extension was completed and such Sanitary Sewer Extension was available to be placed in service.
(5) Powers and Duties of the City Manager.
A. Determination of Rates and Manner of Collection. The City Manager shall make and enforce such rules and regulations as he may deem necessary for the enforcement of this chapter, for the proper determination and collection of the rates and charges herein provided and for the safe, efficient and economical management and protection of the sanitary sewer system. Such rules and regulations, when not repugnant to existing ordinances of the City or the laws of the State of Ohio shall have the same force and effect as ordinances of Council.
B. Measurement of Water Received from Other Sources. On premises using water supplied from sources other than the water works system of the City and not measured by the City water meter or other meter acceptable to the City Manager, the quantity of water consumed shall be measured by a meter installed and maintained for such purpose at the expense of the owner or other interested party and acceptable to the City Manager; or the owner or other interested party, may, at his option, request the City Manager to determine the amount of water consumed on the premises in accordance with accepted engineering practices, and the quantity of water consumed on the premises shall be the amount so measured by such meter or so determined by the City Manager.
(6) Unpaid Bills to be a Lien on Premises. Each sewer charge levied pursuant to this chapter is a lien upon the premises charged therewith, and, if not paid within sixty days after it is due and payable, it shall be certified to the Auditor of Sandusky County, who shall place the same on the tax duplicate, with interest and penalties allowed by law, and be collected as other Municipal taxes are collected. The City shall also have the right in event of nonpayment as aforesaid, to discontinue service of water supplied by the City's water works system to such premises until such unpaid sewer service charges have been fully paid.
(7) Lessor and Lessee Jointly Liable. In the case of leased lots, parcels of land or premises having connection with the system, the lessor and lessee shall both be liable for payment of the sewer charges herein provided and the City may proceed to collect such charges from either the lessor or the lessee or it may certify delinquent charges to the Auditor of Sandusky County as provided in Section 925.10.
(8) Criteria for User Charges and Sewer Fees.
A. Necessity to levy sewer charges. It is hereby determined and declared to be necessary to the protection of the public safety, health, welfare and convenience of the City to establish and collect use charges from every person whose lots, lands and premises are served by a connection, either directly or indirectly with the City's sanitary sewage disposal system. It is further determined and declared to be necessary that the establishment and collection of such user charges must be in compliance with the USEPA rules and regulations as, published in the Federal Register, September 27, 1978, Volume 43, Number 188.
B. Debt Retirement Charge. The City may, in addition to the user charge provided for in subsection A. hereof, establish and collect from users of the City sewage disposal system a charge for the purpose of paying any debt retirement incurred on behalf of the sewage disposal system.
C. Notification. The City shall at least annually notify each user of the sewage disposal system in conjunction with a regular bill, of the rate and that portion of the sewer service charges which are attributable to wastewater treatment services.
(9) Surcharges. The following terms used in Section 925.01 shall have the meanings ascribed to them as shown below:
A. "Normal sewage" means sewage which when analyzed shows by weight a daily average of not more than 250 parts per million of suspended solids, and not more than 200 parts per million of COD, and not more than 20 parts per million of ammonia.
B. "Suspended solids" means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering.
C. "COD" (denoting chemical oxygen demand) means the quantity of oxygen utilized in the chemical oxidation of organic matter, under standard laboratory procedures, expressed in parts per million by weight.
D. “Ammonia” means a chemical combination of hydrogen (H) and nitrogen (N) occurring extensively in nature. The combination used in wastewater is expressed as NH3.
Sewage or industrial wastes above normal sewage strength but acceptable for discharge into the sanitary sewage system shall be subject to a monthly surcharge. The surcharge shall be determined on the basis of either or each of the three constituents of the water or wastes:
1. Total suspended solids, and/or
2. COD, and/or
3. Ammonia and as herein provided.
When the total suspended solids, COD or ammonia of a water or waste accepted for admission to the system exceeds the values of these constituents for normal sewage, the excess concentration in either or any as the case may be, shall be subject to a surcharge as follows:
1. Pounds* of excess suspended solids per days x $0.85 per pound = SS surcharge.
2. Pounds* of excess COD per day x $0.15 per pound = COD surcharge.
3. Pounds* of excess ammonia per day x $0.25 per pound = ammonia surcharge.
(*The flow figure used for this determination will be either a metered wastewater flow, a metered water usage or an agreed upon constant.)
In addition to the surcharge, the service charge on all industrial wastes discharged to the sewage system for sewage treatment service by the City shall be the charge specified in the current City ordinance pertaining to sewer service charges of the City. In addition, all industrial users shall pay all applicable surcharges and penalties as stated and defined in this chapter. Failure to pay these charges shall be considered a violation of this chapter.
The pounds of COD per day and/or pounds of suspended solids and/or pounds of ammonia per day above the concentrations previously described for normal strength sewage that are discharged to the sewerage system shall be determined by the City or its authorized representative.
(10) Usage Measurement Methods.
A. For any lot, parcel of land, building or premises having or being served by any connection to the City's sanitary sewerage system, intercepting sewers and sewage treatment or disposal plant or part thereof, or otherwise discharging sanitary sewage, industrial wastes, water or other liquid, either directly or indirectly into the City's sanitary sewerage system, the charge or rental shall be based upon the quantity of water used as measured by the City water meter therein in use, and the quantity of water used and waste discharged as determined by subsection (10)B. hereof and the whole reduced by any deductions as determined by subsection (10)C.
B. On premises using water, either all or in part, from sources other than the water works system of the City and not measured by the City water meter or other meter acceptable to the City Manager, the quantity of water consumed shall be measured by a meter installed and maintained for such purpose at the expense of the owner or other interested party and acceptable to the City Manager; or the owner or other interested party, may, at his option, request the City Manager to determine the amount of water consumed on the premises in accordance with accepted engineering practices, and the quantity of water consumed on the premises shall be the amount so measured by such meter or so determined by the City Manager.
C. In the event the City Manager is satisfied that a portion of the water from any source consumed upon any premises does not and cannot enter the system, then in such case the owner or other interested party, may, at his expense, install and maintain such separate metering devices, or provide such data in conformity with accepted engineering practices, as shall demonstrate to the satisfaction of the City Manager, that portion of the water so consumed which is discharged into the system, and such portion shall be the basis for measuring the sewer charge under subsection (c), if applicable.
(11) Deposit and Use of Funds.
A. "Replacement Fund" means the sum of money designated annually for replacement costs as established by USEPA rules and regulations shall be deducted from the revenues resulting from user charges as provided for in subsection (a) hereof, and deposited in a "Replacement Fund," to be used or accumulated for obtaining repair parts, replacing equipment, accessories, or appurtenances during the useful life of the sewage disposal system which are necessary to maintain or regain the capacity and performance for which such equipment and plant were designed and constructed.
B. "Sanitary Sewer Fund" means the sum of money received from revenues resulting from user charges as provided for in subsection (a) hereof, less replacement requirements set forth in subsection (11)A. hereof, shall be deposited in a "Sanitary Sewer Fund" to be used for operation and maintenance of the City sewage disposal system.
C. "Debt Service Fund" means the sum of money received from the revenues resulting from debt retirement charges as provided for in 925.08(c)(8)B. hereof shall be deposited in a "Debt Service Fund" to be used to pay outstanding indebtedness incurred on behalf of the sewage disposal system. Unless the debt retirement charge fully complies with USEPA user charge requirements, moneys in this fund shall not be used for operation, maintenance or replacement.
D. In no event shall any of the funds be used for any other purpose as set forth or that would be contrary to the purposes permitted under Ohio R.C. 729.52.
(12) Administration of User Charge System. The City shall review or cause to be reviewed not less often than every two years the wastewater contribution of users and user classes, the total costs of operation and maintenance of the sewage disposal system and the approved user charge system. If necessary, the City shall revise the charges to accomplish the following:
A. Maintain the proportionate distribution of operation, maintenance and replacement costs among users and user classes as required herein;
B. Generate sufficient revenue to pay the total operation, maintenance and replacement costs necessary to the proper operation and maintenance (including replacement) of the sewage disposal system.
C. Maintain adequate additional charges as set forth herein to properly compensate the City for costs incurred to provide added service.
(13) Minimum Charge. In the case of where more than a single premise is being served by a single meter, the minimum monthly charge shall be for a single meter service multiplied by the number of single premises served or the calculated bill based on actual water use, whichever is greater.
(14) Penalty. Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(Ord. 2001-42. Passed 4-3-01.)
(Ord. 2001-42. Passed 4-3-01.)