(a) Definitions. Unless the contents of this section specifically indicates otherwise, the meaning and intent of terms used herein shall be as follows:
(1) "The Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the Federal Water Pollution Control Act Amendments of 1972 (PL 92-500) and subsequent amendments.
(2) "Biochemical oxygen demand (BOD)" means the quantity of oxygen used in the biochemical oxidation of organic matter in a specified time, at a specified temperature, and under specified conditions and is expressed in milligrams per liter. This is a standard wastewater strength assessment test.
(3) "Infiltration" means the water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
(4) "Infiltration/inflow, (I/I)" means the total quantity of water from both infiltration and inflow without distinguishing the source.
(5) "Inflow" means the water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connection from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.
(6) "Municipality" means the Village of Edgerton, Williams County, Ohio.
(7) "Suspended solids (SS)" means solids that either float on the surface, or are suspended in water, wastewater or other liquids, and which are largely removable by laboratory filtering.
(8) "Wastewater" means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwater as may be present.
(9) "Wastewater treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of liquid nature to implement Section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water run-off, or industrial waste, including waste in combined storm water and sanitary sewer systems.
(10) "U.S. EPA" means the United States Environmental Protection Agency.
(11) "User charge" means a charge levied on users of a wastewater treatment works, or that portion of the ad valorem taxes paid by a user, for the user's proportional share of the cost of operation and maintenance, (including replacement) of such works under Sections 204(b)(l)(A) and 201(h)(2) of the Act.
(12) "Shall" is mandatory; "may" is permissive.
(13) "Debt service charge" means that portion of the Sewer Service paid by the user as the user's proportional share of cost of construction of the wastewater treatment works being paid through debt retirement.
(14) "Sewer service charge" means the total charge paid by the user being the sum of the debt service charge and the user charge.
(15) "Operation and maintenance" means expenditures for the necessary wages/salaries, contractual service (e.g., repair, legal, engineering, auditing, etc.), utilities, materials and supplies, insurances and related miscellaneous incidentals required to maintain a safe, efficient and economical treatment works.
(16) "Replacement" means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operations and maintenance" includes replacement.
(17) "Normal domestic wastewater" means that wastewater having polluting characteristics not greater than 218 mg/1 BOD and 218 mg/1 suspended solids.
(b) Rates and Charges.
(1) There shall be and is hereby established a sewer service charge for the use of and for the service supplied by the municipal wastewater collection and treatment system. This charge shall be levied against each lot, parcel of land, building or premises having a source of water, purchased or pumped, whether the water is purchased from the municipality or not for the production of wastewater.
(2) The method of determining the amount of wastewater produced from the use of water supplied by the Municipality shall be that shown on the consumer's ledgers of the Water Department as the metered amount. In the case of unrnetered users, the charge shall be based on the number of persons residing on the premises.
(3) The monthly charge shall be the sum of the Debt Service Charge and the User Charge. Such charges shall be as established by Council from time to time.
(4) Surcharge rates and charges shall be applied for all wastewater having polluting characteristics in excess of normal domestic wastewater as determined by the Superintendent under provisions of the Sewer Use Ordinances. These monthly service charges shall be assessed per pound of BOD and S.S. above the allowable limits of 218 mg/1 at a rate set by Council from time to time. These surcharges shall be in addition to and shall be made concurrently with the sewer service charges specified in subsection (b)(3).
(5) Any user who discharges toxic pollutants which cause an increase in the cost of treating and managing the effluent of sludge of the wastewater treatment works shall be liable for and shall pay such increased costs. Said costs will be determined if and when toxic pollutants are detected in the wastewater treatment works.
(6) The cost of operation and maintenance for all flow not directly attributable to users, such as infiltration/inflow, shall be distributed among all users of the wastewater treatment works. This distribution shall be made on a proportional basis to each user according to the actual use proportion of the wastewater treatment works.
(7) For multiple family dwelling units and/or apartments served through a single water meter, the Monthly Service Charge will be the greater of:
A. The Monthly Service Charge based on the size ofthe customer's water service line; or
B. An amount equal to the Monthly Service Charge for a one inch or smaller water service line, multiplied by the number of dwelling units.
(c) Review of Rates and Charges.
(1) The User Charge System management shall review, annually, the wastewater contribution of users and user classes in order to maintain a proportional distribution of operation and maintenance costs among users and user classes.
(2) The sewer service charges, and the surcharge rates for high strength sewage, noted herein, shall be reviewed by the User Charge System management annually. If the review indicates that the total operation and maintenance costs of the wastewater treatment works are not being met by the revenue generated through the User Charge System, then, said service charges and/or surcharges shall be adjusted to compensate for any imbalance. If the revenue generated is grossly excessive in proportion to the total operation maintenance costs, then, said service charges and/or surcharges shall be adjusted and brought into line with expected costs for the following year. Excess revenues collected shall be applied in the following year to the costs of operation and maintenance attributable to the users or class of users who were responsible for the generation of the excess revenue.
(3) The U.S. EPA Regional Administration may review the User Charge System and its implementation in order to assure that the Federal Requirements of the System are being continuously met.
(d) Billing Practice.
(1) Bills for the rates and charges are herein established by the Municipality and shall be sent monthly. All bills shall be payable on the first day of the month following the period of service to the Clerk of the Municipality. If any charge for the services of the system shall not be paid by the tenth day of the month in which it shall become due and payable, a charge of twenty percent (20%) of the amount of the bill shall be added thereto and collected therewith. If any bills for the service of the sewer system shall remain unpaid after the twentieth day of the month, the water supply for the lot, parcel of land or premises affected shall be cut off and shall not be turned on again, except on payment in full of the delinquent charges therefor, in addition to the payment of a charge of forty dollars ($40.00).
(2) Applications for new connections to the existing sewer system shall be filed with the Municipal Clerk upon a form to be supplied by the Municipality. The application shall state the name of the applicant and the premises to be served. All applications filed after the commencement of the operation of the system shall be accompanied by a fee equal to the actual cost of construction the service, payable to the Clerk of the Municipality, for the connection charge.
(3) The owner of the premises served and the occupant thereof and the user of the sanitary sewer service shall be jointly and severally liable for the sewer service provided said premises. A deposit of thirty dollars ($30.00) shall be required from all tenants. The deposit shall be applied to any bill for sewer service delinquent more than thirty days. Upon the disconnection of the sewer service, any balance of such deposit shall be returned to the applicant without interest.
(4) It is hereby made the duty of the Clerk to render bills for sewer service and all other charges in connection therewith and to collect all monies due therefrom.
(5) All sewer charges levied pursuant to this chapter constitute a lien upon the premises charged therewith and if the same are not paid within sixty days after due date, the charges shall be certified to the Auditor of Williams County who shall place the same on the tax duplicate and the charges or penalties allowed by law shall be collectable as other Municipal taxes.
(6) All revenues and monies derived from the operation of the sewer system shall be paid to and held by the Clerk separate and apart from all other funds to the Municipality and all of said sums and all other funds and monies incident to the operation of said system, as may be delivered to the Clerk shall be deposited in a separate fund designated the "Sanitary Sewer Fund Account" and said Clerk shall administer said fund in every respect in a manner provided by the Ohio Revised Code and all other laws pertaining thereto.
(7) The Clerk-Treasurer shall establish a proper system of accounts and shall keep proper records, books and accounts in which complete and correct entries shall be made of all transactions relative to the sewer system and at regular annual intervals Council shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewer system.
(e) Debt Service Charge.
(1) All bills issued on or after January 1, 2014, for rates and charges herein established by the Municipality shall include as part of the Sewer Service Charge a monthly Debt Service Charge of $5.00, which shall be placed in a fund dedicated to the retirement of all bonded debt of the sanity sewer system. (Ord. 932. Passed 11-18-13.)