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(a) The Mayor is hereby authorized to contract for or otherwise charge and collect the following rates hereby established as sewer rental charges from and after January 1, 2024, to be paid to the City for the use of the system of sewerage or sewage treatment or disposal works by every person, firm, or corporation whose premises lies outside the limits of the City which are served by a connection with the system of sewerage in the City, hereinafter referred to as “Outside Users,” which charge shall be as provided in Table A attached to Ordinance 133-2023 for the identified Outside User Communities.
(b) In addition, the Mayor is hereby authorized and directed to contract for or otherwise charge and collect from said outside users for disposal of sewage, all administration charges as determined by the Mayor, specifically attributable for meter reading, billing, maintenance, and transportation to any particular outside user or the maintenance of the account therefor. All monies received pursuant to this section shall be deposited, applied, and utilized the same as specified in Section 922.02.
(c) Provided further, however, that from and after January 1, 2024, the terms of contracts heretofore specifically authorized by Council shall be given full force and effect except to the extent that the rates charged therein were inadequate and modified by ordinance to meet the rise of costs for necessary operation, maintenance, replacement, capital improvements, and operating capital respecting the sewage treatment or disposal works. The Mayor is hereby empowered to establish charges reflecting credits for lump sum account payments made pursuant to rate dispute settlements, if any, under such contracts and charges equivalent to incremental charges stated on a basis of water consumption in terms of sewage metered on the basis of 1,000 gallon units or otherwise in accordance with past billing procedures or where otherwise determined necessary.
(d) Such contracts with outside users shall limit the quality and quantity of the sewage flow to be accepted to that of ordinary household waste in such daily volumes as shall not exceed in the aggregate, including sewage flow from Euclid users, the capacity of the waste water treatment facilities or the capacity of sewer lines within the City as determined by the Director. The Director shall give deference and preference to the communities having long standing and continuing arrangements and contracts with the City and the volumes historically received therefrom.
(e) No industrial waste shall be accepted from any outside community except pursuant to individual industrial user permits to be applied for by the actual industrial user and issued directly by the City pursuant to Chapter 923 of the Codified Ordinances.
(f) Satellite Sewer Discharge Control Program (“SSDCP”). The Mayor is hereby authorized to contract and amend contracts with outside user communities as necessary to implement the SSDCP mandated by the City's NPDES Permit issued effective April 1, 1996, requiring monitoring, reporting, and operation under the supervision of a State Certified Operator's License for each outside user community collection system and authority to require that the maintenance crews of each outside user community will either include supervision by a properly licensed staff person to implement the community discharge permit regulations or will submit to supervision for these purposes to properly licensed staff personnel of the City and pay the cost therefor as determined by the Mayor.
(Ord. 112-2000. Passed 5-15-00; Ord. 115-2006. Passed 6-5-06; Ord. 32-2012. Passed 3-26-12; Ord. 157-2012. Passed 10-15-12; Ord. 109-2022. Passed 10-3-22; Ord. 133-2023. Passed 12-4-23.)
Monies received from the collection of the sewer rental charge authorized by this chapter shall be deposited daily with the Director of Finance of the City, who shall keep a separate and distinct fund and account to be known as “General Sewerage and Operating Fund.” Increments collected for user charge, capital charge or other specific purposes shall be so paid or transferred to the appropriate account within the enterprise fund for the waste water treatment plan. Otherwise, such fund shall be available for the payment of debt service and of the cost of management, maintenance, operation, and repair of the sewerage system and sewage pumping, treatment, and disposal works, and any surplus in such fund in excess of any unencumbered working capital in such amount determined reasonable by the Finance Director in accordance with sound accounting procedures may be used for the enlargement, rebuilding, or replacement of the same. Of the monies collected, transferred, or retained for user charge purposes, the sum of five hundred thousand dollars ($500,000) shall be transferred or deposited to the “Replacement Fund” annually pursuant to the need projections and recommendations of the 1995 “Wastewater Treatment Plant Equipment Evaluation Study” by Michael Benza and Associates, Inc.
(Ord. 112-2000. Passed 5-15-00.)
For each billing period where applicable, the extra loading surcharge (“ELS”) provided by Chapter 923 and Section 923.046 shall be charged and billed directly to each respective industrial user liable for such charge by the Director. Where extra loadings are substantially uniform over the billing period in question in the opinion of the Service Director, the Director may charge and bill the ELS using an extra loading surcharge rate (“ELSR”) which shall be equal to the ordinary household waste (OW) volume rate or sewer rental fee applicable to the industrial user for operation, maintenance, and replacement (“R”) during the period in question multiplied by the sum of fractions by which the loadings exceed the OW loadings multiplied by the budget fraction factors attributable to each of such loadings, to wit: 30.1% for SS; 58.5% for BOD; 4.1% for P; and 0.4% for O&G. The Service Director may also arrange to have such charge included and combined with OW billings if the excess loadings are substantially uniform and recurring in the opinion of the Director. Provided further, however, that the Director shall periodically audit all ELS billings and then charge and bill the respective user an ELS adjustment charge equivalent to the amount by which the ELS computed on a cost per pound basis exceeds the ELS collected using the ELSR billing method, if any.
(Ord. 112-2000. Passed 5-15-00.)
Pursuant to Section 923.05(c), the Director shall charge industrial users discharging into the City's sewer system pursuant to industrial user permits wheresoever located at the rate of $0.665/MCF of water consumption for costs of administration, regulation, monitoring, and testing under the pretreatment program of the City and such other and further charges for costs incurred as the Director shall determine are in excess of the charges received from such billings.
(Ord. 112-2000. Passed 5-15-00.)
(a) No person, firm, or corporation wheresoever located inside or outside the City shall connect a sewer directly or indirectly to the sanitary sewer system of the District without first securing permission of the Director, which shall be conditioned upon a determination that such connection will not overload the waste water treatment facilities of the District, cause the District to be in violation of the District's NPDES permit, or cause basement backups, flooding, or other disruption of sewer lines within the City.
(b) No Euclid user or user in any community having a contract for sewer service to be paid on the basis of water consumption shall have a “no charge status” or direct billings of sewer service charges based upon usage or sewage metered except upon approval of an application therefor by the Director. For purposes of this section “no charge status” shall mean recognition by the Director that liquid wastes emanating from the premises located in the service area of the system do not enter the City facilities and no sewer service charge should be made therefor.
(c) Except as otherwise provided by specific ordinance provision, such permission, status, or billing method shall not be secured except upon application on forms approved by the Director, together with the payment of a non-refundable fee of three hundred dollars ($300.00), which fee shall be charged for each single family unit newly connected whether connected individually or collectively, plus the cost of any necessary engineering services required and incurred by the Director to make the determinations required by this section, all pursuant to the regulations adopted by the Director which shall have the force and effect of an ordinance. The new connection fee for commercial, industrial, and other non-residential structures shall be three hundred dollars ($300.00) for each estimated 400 gallons of average daily flow, the volume Environmental Protection Agency design flow volume value per single household, plus the cost of any necessary engineering services required and incurred by the Director to make the determinations required by this section, all pursuant to the regulations adopted by the Director which shall have the force and effect of an ordinance.
(d) Homestead Exemption Discount. A discount not to exceed forty-five percent of the total annual capital charges included in the sewer service billings shall apply to all Euclid residents who qualify for a homestead exemption by reason of being permanently and totally disabled, sixty-five years of age and older, or otherwise as provided by law and who have applied for and received the homestead exemption status and discounts allowed by the Cleveland Water Department. The Mayor may apply the discount by a uniform reduction on all billings or by a reduction of not to exceed forty percent on any single quarterly bill. The Mayor is also authorized to enter into agreements to extend the homestead exemption credit to residents of the outside user communities who are similarly qualified.
(e) Residential Summer Sprinkling Program. A residential summer sprinkling program is hereby established in accordance with the following provisions:
(1) Definitions. Wherever they are used in this section, the meaning of these terms shall be as defined in this section as follows:
A. “Summer residential sprinkling user charges (SRSUC)” shall mean the vehicle by which the District shall assess sewer service charges to eligible residential users defined in this chapter.
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 Euclid Sewer District where sewer service charges are based upon water consumption. Residences in communities whose sewer service charges are based upon sewer meters are not for the SRSUC.
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 Service Director shall provide 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. An application for summer residential sprinkling user charges must be made by an eligible user via the application provided by the District and shall be in such form and contain such information as required by the Service Director. A one time ten dollar ($10.00) fee shall be required for said application, and the charges will continue from year to year unless otherwise cancelled according to the provisions of this chapter.
(4) Removal from summer residential sprinkling user charges. Upon the change of ownership of any property or the conversion of owner occupied property to rental property, that property’s summer residential sprinkling user charges will be cancelled. A new application and a ten dollar ($10.00) fee must be submitted by any subsequent eligible user. Additionally, summer residential sprinkling user charges shall be cancelled due to errors or falsifications on the application.
(5) Establishing program. The Mayor and/or Service Director are hereby authorized to enter into agreements with the Cleveland Water Department and Lake County Water Department to create the necessary software for programming winter averaging and establishing summer residential sprinkling user charges and the Finance Director is hereby authorized to pay for such programming from the General Sewage Operating Fund pursuant to ordinances to be adopted approving such agreements. At such time and to the extent that software programming necessary to apply the regulations is in place, eligible users may apply to the Service Director on applications pursuant to the regulations adopted by the Director which shall have the force and effect of an ordinance.
(Ord. 112-2000. Passed 5-15-00; Ord. 63-2002. Passed 4-1-02.)
The Director of Law is hereby authorized to take any and all legal actions deemed necessary and appropriate for the purpose of enforcing and executing the provisions of this chapter, such legal actions including but not limited to binding arbitrations as may be required by contract and litigation. All contracts authorized by Section 922.04 of this chapter shall be in such form as shall be approved by the Director of Law.
(Ord. 112-2000. Passed 5-15-00.)
(a) Each sewer charge levied pursuant to this chapter is hereby made a lien upon the premises charged therewith and if not paid within 90 days after it is due and payable, it shall be certified to the Auditor of Cuyahoga County who shall place it upon the tax duplicate, with interest and penalties allowed by law to be collected as other municipal taxes are collected. This section is in addition to all other remedies that are provided by the law.
(b) All delinquent sewer accounts outsourced by the City to a law firm or collection agency shall be assessed a collection fee on the entire balance due equal to the contingency collection percentage charged by each law firm or collection agency as set forth in their collection contract with the City. The balance due prior to the assessment of the collection fee shall be the principal balance due plus interest, penalties, late fees, and/or other permissible fines, penalties and charges. The collection fee shall be assessed against all payments made whether or not the balance due is paid in full with one payment, or over time with more than one payment. The assessment of the collection fee shall be made by the law firm or collection agency after the delinquent account has been outsourced for collection. Additionally, court costs shall be added to the balance due as they are incurred but shall not be assessed a collection fee.
(Ord. 153-2008. Passed 6-16-08; Ord. 30-2009. Passed 2-17-09; Ord. 59-2011. Passed 4-18-11.)