§ 52.52 SERVICE CHARGES FOR COLLECTION; OPERATION, MAINTENANCE AND REPLACEMENT OF COLLECTION, SYSTEM AND DEBT SERVICE.
   (A)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      DEBT SERVICE. The funds used for the retirement of, and interest on, bonds and/or notes authorized and issued by the village, to construct sewage system facilities.
      NORMAL DOMESTIC SEWAGE. Sewage which when analyzed shows by weight a daily average of not more than 250 parts per million (ppm) of suspended solids and not more than 200 ppm of biochemical oxygen demand (BOD).
      OPERATION AND MAINTENANCE COSTS. The costs incurred in the act of keeping all facilities for collecting, pumping, treating and disposing of sewage in the good state of repair and functioning properly including the replacement of the facilities when necessary.
      REPLACEMENT. Expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
      SEWER SERVICE CHARGE. The total charge levied against users of the sewage system for sewer services. The charge shall include user charges plus the cost of debt service.
      SUSPENDED SOLIDS. 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.
      USER CHARGE. The charge assessed users of the sewage system to recover the cost of OM&R of the sewage collection and sewage treatment system and the cost of rendering bills and collecting sewer service charges.
   (B)   User classes. The user charge system consists of the following user classes as defined below.
      (1)   BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at 20°C expressed in ppm by weight.
      (2)   COMMERCIAL USER. Retail or wholesale business establishments that discharge primarily normal strength wastewater into the public wastewater treatment system, works and facility.
      (3)   INDUSTRIAL USER. Users discharging waste resulting from manufacturing activities involving the mechanical for chemical transformation of materials or substance into other products. These activities occur in establishments usually described as plants, factories or mills and characteristically use power-driven machines and material handling equipment.
      (4)   INSTITUTIONAL/GOVERNMENTAL USER. Hospitals, nursing homes, schools, city, county, state or federal buildings or facilities that discharge wastewater into the public wastewater treatment system, works and facility.
      (5)   RESIDENTIAL USER. A principal family residence or habitation classified as a single-family, multi-family or apartment dwelling that discharges domestic sanitary wastewater having characteristics of 250 milligrams per liter biochemical oxygen demand and 200 milligrams per liter suspended solids into the public wastewater treatment system, works and facility.
   (C)   Sewer service charges. The following are hereby fixed as the fair, proportional and reasonable rates for sewer services charges and user charges based on the metered consumption of water. All users discharging waste to the sewage collections system shall be billed for wastewater treatment services, including governmental or institutional users such as schools, municipal utilities or other public buildings.
      (1)   Sewer service charges. There will be a 1,000-gallon minimum. The formula for calculating the rate is:
            Ca=Ct/Vt
      Ca = User charge rate per 1,000 gallons
      Ct = Total annual OM&R costs
      Vt = Total annual billable flow
      (2)   Debt service charge. The formula for calculating debt is:
            Ca=Dp/V
      Ca = Debt service cost per user
      V = Volume of billable flow
      Dp = Total annual debt payment
      (3)   Annual review of charges. The sewer service charge and user charges shall be reviewed annually by the village, in order to determine whether or not they are sufficient to defray the fixed charges, amortization costs and annual cost of OM&R of the sewage system. If the difference between the total annual revenue derived and the total annual cost is sufficient to justify an increase or decrease in the sewer service charge or user charges, the village will adjust the rates as required. The purpose of the annual review is also to maintain a proportional user charge. Each user to be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the sewer service charge which is attributable to OM&R costs of wastewater treatment services.
      (4)   Separate metering devices. In the event it can be shown to the satisfaction of the Board of Public Affairs, with respect to any premises, that a portion of the water from any source consumed on the premises does not and cannot enter the system, then in each case, the owner or other interested party may at his or her expense install and maintain separate metering devices to the extent necessary to demonstrate to the satisfaction of the Board of Public Affairs the portion of the water consumed on the premises which is discharged into the system, which portion shall constitute the basis for measuring the sewage service charge for the premises under this section, or the owner or other interested party at his or her option may request the Board of Public Affairs to determine the amount of water that does not and cannot enter the sanitary sewage system from the premises. The determination shall be made in accordance with accepted engineering practices, shall be conclusive on the owner or other interested party and shall constitute the basis for measuring the sewage service charge.
      (5)   Amount; responsibility. In the event a premises discharging sanitary sewage, industrial waste, water or other liquids into the village sanitary sewage system, either directly or indirectly, is not a user of water supplied by the Municipal Water Works Department or the village and the water used thereon or therein is not measured by the village water meter, or by a meter acceptable to the Board of Public Affairs, then in each case, the amount of water so used shall be measured and determined by a meter installed and maintained at the expense of the owner or other interested party and acceptable to the Board of Public Affairs for the purpose, or the owner or other interested party, at his or her option, may request the Board of Public Affairs to determine the amount of water used or consumed in or on the premises in accordance with accepted engineering practices. The rate set forth herein shall apply and shall be determined by the amount measured by the meter or determined by the Board of Public Affairs.
      (6)   Accepted engineering practices. In case a premises discharges industrial waste, either directly or indirectly, into the village sanitary sewage system, and the Board of Public Affairs finds that it is not practical to attempt to measure the waste by meter, then the waste shall be measured or determined in accordance with accepted engineering practice and in conditions and attendant circumstances of the case, in order to determine the sewage service charge under rates set forth herein.
      (7)   Per diem, pro rata amount. Any premises making a connection with the sanitary sewage system and using the same after the first day of any month shall be charged a per diem pro rata amount based on the monthly minimum charge, from the time the connection is made or the discharge into the system is begun, until the commencement of the next following month; except that, if the measured service should exceed the prorated minimum charge the measured rate shall be charged.
      (8)   Billing. All users of the sanitary sewage system shall be billed for sewer service charges. There shall be no free service.
      (9)   Rentals.
         (a)   All sanitary sewer rental charges shall be due immediately upon issuance. All sanitary sewer charges rendered by the Clerk of the Board of Public Affairs shall be paid within 20 days from the billing date to the Clerk or to the collection agencies designated by the Board.
         (b)   Any sanitary sewer charges not paid within 20 days shall be considered delinquent and a charge of 10% shall be assessed against all delinquent sanitary sewer bills and must accompany the sanitary sewer bill when paid at the Clerk's office; however, no more than one delinquent charge shall be assessed against the given account when both water and sewer bills are delinquent and unpaid. Should any sanitary sewer bill remain unpaid for a period of 30 days from the billing date, the sewer services shall be cut off and terminated immediately by means of shutting off the water supply.
         (c)   The sanitary sewer service shall be resumed only upon payment of the delinquent charges together with any delinquent fees, and water turn-on fee of $25. In no even shall more than $25 be charged for a turn-on fee when both water and sewer charges are past due.
   (D)   Surcharges.
      (1)   Sewage or industrial wastes above normal sewage strength, but acceptable for discharge into the sanitary sewage system shall be subject to a surcharge. The surcharge shall be determined on the basis of either or both of two constituents of water or wastes:
         (a)   Total suspended solids;
         (b)   Five-day BOD at 20°C and as herein provided.
      (2)   When either or both the total suspended solids and the BOD of a water or waste accepted for admission to the system exceeds the values of their constituents for normal sewage, the excess concentration in either or both, as the case may be, shall be subject to a surcharge as follows:
         (a)   Pounds of excess suspended solids per day x .31/lb = SS surcharge.
         (b)   Pounds of excess BOD per day x .31/lb = BOD surcharge.
      (3)   In addition to the surcharge, the user will pay the use charges, as defined in division (C) above.
      (4)   The pounds of BOD per day and/or pounds of SS per day, above the concentrations previously described for normal strength sewage that are discharged to the sewage system, shall be determined by the village or its authorized representative.
      (5)   In addition to a surcharge on BOD and SS, the village shall have the right to surcharge any user for the discharge of any other pollutant into the sewage system.
   (E)   Right of appeal.
      (1)   All customers shall have the right to appeal bills rendered for sewer service charges.
      (2)   In the event that a billing dispute cannot be resolved by the utility billing department that initially rendered the bill, it shall become the responsibility of the Mayor to resolve the dispute.
(Ord. 7-04, passed 8-16-2004)