939.47 RATE REDUCTION FOR WATER NOT DISCHARGED INTO SYSTEM.
   (a)   No sewer rental charge shall be assessed to those residential properties within the City using approved septic tank systems for sanitary sewerage upon that property.
   (b)   Commercial and industrial customers may be exempt from paying sanitary sewer utility fees if they conform to the rules and regulations that shall be established by the Director of Public Service. Minimally, these rules and regulations shall require the following:
      (1)   The water purchased by any given commercial or industrial customer shall be used solely in a process making a product for sale. The City must receive direct financial benefit from the production and sale of the product.
      (2)   The individual processes eligible for an exemption must be individually metered and must not have a connection to the sanitary sewer system. A drawing, sealed by a professional engineer, showing the piping configuration, shall be filed with the City.
      (3)   Any discharge to the storm sewer system shall be in accordance with the rules and regulations of the City, County, and Environmental Protection Agency.
      (4)   The customer will be required to develop and implement a testing program. The customer shall be responsible for all costs associated with the testing, including the costs incurred by the City in reviewing and observing the testing program. The customer will be required to submit a work plan to the City, prior to implementation. As part of the testing program, an annual walk-through inspection shall be performed and physical testing shall be verified every five years, or more often if there is reason to believe that the on-site system has deteriorated.
      (5)   Current exempted businesses and industries must apply and comply within six months to obtain an exemption.
   (c)   There is hereby established a residential summer sprinkling program that shall operate in accordance with the following provisions:
      (1)   Definitions. Whenever they are used in this section, the meaning of these terms shall be defined as follows:
         A.   “Summer Residential Sprinkling User Charges” (SRSUC) shall mean a vehicle by which the City shall assess sewer service charges to eligible residential users defined herein.
         B.   “Summer Billing Period” shall mean the period between May 1 and September 30 inclusive.
         C.   “Winter Billing Period” shall mean the period between October 1 and April 30 inclusive.
         D.   “Eligible User” shall mean any owner-occupied one-, two-, three- or four-family residences within the City of Eastlake where sewer charges are based upon water consumption.
         E.   “Winter Billing Period Usage” shall mean the calculated daily consumption during the winter billing period.
      (2)   Summer Residential Sprinkling User Charges. Upon receipt of a timely application submitted therefor, the City of Eastlake shall provide a Summer Sprinkling User Charges to Eligible Users. These charges shall be provided by basing the sewer charges during the summer billing period on the smaller of either the actual water consumption or a calculated consumption based upon winter billing period usage.
      (3)   Application for Summer Residential Sprinkling User Charges. Ann application for Summer Residential Sprinkling User Charge (SRSUC) must be made by an Eligible User via the application provided by the City and shall be in such form and contain such information as required by the City. The application, together with a one-time twenty dollar ($20.00) fee must be submitted to the City by April 30 of any year to be eligible. The SRSUC will continue from year to year unless otherwise canceled according to the provisions herein.
      (4)   Removal from Summer Residential Sprinkling User Charges. Upon the change of ownership of any property or conversion to rental property, that property’s Summer Residential Sprinkling User Charges will be canceled. Any subsequent Eligible User must submit a new application and a twenty dollar ($20.00) fee. Additionally, Summer Residential Sprinkling User Charges shall be canceled due to errors or falsifications on the application.
      (5)   Establishing program. The Mayor is hereby authorized to enter into an agreement with the Lake County Department of Utilities to create the necessary software for programming winter averaging and establishing Summer Residential Sprinkling User Charges. The Director of Finance is hereby authorized to pay for such programming from the appropriate fund. At such time and to the extent that software programming necessary to apply the regulations is in place, Eligible Users may apply to the City of Eastlake on applications pursuant to the regulations adopted by the City, which shall have the full force and effect of an ordinance.
         (Ord. 2007-112. Passed 10-23-07.)