925.08   USER CHARGE ESTABLISHED.
   (a)    Charges Established; Classes: Computation.
      (1)    During the effective period of this chapter, there is levied and assessed a charge or rental known as a "user charge" upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewer system of the City or otherwise discharging wastewater, industrial wastes, water or other liquids either directly or indirectly into the City wastewater treatment system.
      (2)    The users of the system shall be divided into classes. Classes shall be groups of users for which the wastewater characteristics are approximately equal and services provided are essentially the same. Initially there shall be established three classes of users, as follows: Industrial, nonindustrial and commercial. Charges for these classes shall be as shown, except as otherwise provided herein. The Public Utilities Director may recommend additional classes as determined to be necessary.
      (3)    Charges for wastewater treatment service shall be paid by each user connected to the system and shall be computed in accordance with probable demand a user places on the system and the quantity of water discharged to the system, as measured by the City water meter installed thereon and/or by a sewage meter installed on the discharge pipe therefrom and/or as estimated by the City, and in accordance with the charge schedule hereinafter set forth.
      (4)    When a considerable amount of water delivered to any premises is not returned to the City's wastewater collection system, the customer, with the permission and approval of the Public Utilities Director, may install a separate water meter to determine the amount of such water not returned to the wastewater disposal system. The customer shall not be billed sewer use charges for such water not returned to the sewage disposal system. The cost of the water meter and its installation shall be the responsibility of the customer. The manner of installation of the water meter must be specifically approved in writing by the Public Utilities Director. Upon a determination by either the Public Utilities Director or the customer that the use of direct metering sanitary sewage flow is necessary or is a more equitable method of determining sewage disposal charges, the Public Utilities Director may approve the installation and use of wastewater meters.
         (Ord. 25-14. Passed 4-14-14.)
      (5)    Irrigation credit. A special sewer rate structure for residential domestic service accounts will be used during the summer months (May, June, July, August, September and October) in determining sewer charges to account for water used for outside or other irrigation purposes and not returned to the City Sanitary Sewer System. The special rate will eliminate sewer charges for all domestic residential service water in excess of one hundred and fifty percent (150%) of the average monthly water amount used during the previous winter season (November, December, January and February) for that account. In the event that a complete winter season average cannot be established, an amount of 7,500 gallons per month will be used in establishing a base winter season monthly average. (Ord. 18-21. Passed 2-22-21.)
      (6)    In-City residential wastewater customers of the City of Fairfield who are provided water service by an entity other than the City of Fairfield shall also be allowed a credit against their monthly wastewater charges so that their total monthly water and wastewater charges are the same as those paid by in-City residential customers who use both City of Fairfield water and wastewater service, provided that such credit shall not exceed the actual amount of the customer's wastewater charges in any month. The Finance Director is authorized and directed to calculate and apply the credit as described herein. (Ord. 25-14. Passed 4-14-14.)
   (b)    User Charge Rate Structure.
      (1)    The sewer rates for all users of sewer service provided by the City within the corporate limits of the City shall be as shown in the Attached Tables A through E, inclusive, which are incorporated herein by reference and which shall be effective upon the dates stated therein. The existing sewer rates as shown in existing Table D effective January 1, 2020 shall remain in effect until January 1, 2021.
         (Ord. 87-20. Passed 10-26-20.)
      (2)    The sewer rates for sewage treatment service provided by Butler County, Ohio to users of sanitary sewer service within the corporate limits of the City, shall be based upon the Butler County Regional Wastewater System rates for transmission and treatment of wastewater, as those rates may be amended from time to time, plus an additional amount of twenty percent (20%) of the Butler County Regional Wastewater System rates. Such charges for sewer service shall be remitted to the City. The minimum quantities for sewer service based upon water meter size which are applicable to users of sewer service provided by the City shall also apply to users of Butler County sewage treatment service within the corporate limits ofthe City and such minimum quantities shall also be charged at the Butler County Regional Wastewater System rate, plus an additional twenty percent (20%).
      (3)    Capacity fees for new public sewer connections shall be paid to the City by the users of sewage treatment service provided by Butler County, Ohio within the corporate limits of the City. Such capacity fees shall be in accordance with the Butler County Regional "Schedule of Equivalent Residential Units", and in such amounts as are presently established and periodically amended by Butler County, Ohio subsequent to the passage of this section. Such fees shall be paid by the user prior to the issuance of a permit to connect to the public sewer.
   (c)    Rates Outside Corporate Limits. The rates for users of sewer services provided by the City outside the corporate limits of the City shall be the same as those for users of sewer service inside the corporate limits of the City, plus an additional charge of fifty percent (50%) of the total of each monthly sewer bill, unless provided otherwise by specific agreement of the City. Such additional charge shall be used for debt service and capital expenditures of the sewer system.
   (d)    Determination of Discharge.
      (1)    In the event a lot, parcel of land, building or premises discharges to a City sanitary sewer, either directly or indirectly, and is not a user of water supplied by the City, the amount of discharge to the sanitary sewer shall be determined by the Public Utilities Director in such manner as he may find practicable in light of the conditions and attendant circumstances.
      (2)    Charges for such service shall be at the rates provided in subsection (b) hereof with a minimum charge as set forth therein. If a lot, parcel of land, building or premises not served with water by the City has a water meter, the minimum sewer charge shall be based upon the size of the water meter.
   (e)    Unreported Discharge. If premises are found to be discharging wastewater to the City sanitary sewer system without payment of a sewer service charge, the Public Utilities Director shall measure or estimate the quantity of such wastes, by such methods as he may find practicable for the purpose of establishing a proper charge and such premises shall be charged for the total term of the prior usage on the basis of the quantity so determined, and in accordance with previous charges.
   
   (f)    High Strength Surcharges. In addition to the minimum charge and the volume charge, any user discharging wastewater containing BOD in excess of 200 mg/1 or COD in excess of 500 mg/1 or suspended solids in excess of 250 mg/1 or ammonia nitrogen in excess of 11.4 mg/1 shall pay the following additional charges:
   BOD* 0.136 per pound of excess over 200 mg/1
   COD* 0.039 per pound of excess over 500 mg/1
   SS 0.136 per pound of excess over 250 mg/1
   NH4 0.606 per pound of excess over 11.4 mg/1
   * Either BOD or COD shall be used, not both. Option to be selected by the Public Utilities Director.
   (g)    Sampling and Metering.
      (1)    For purposes of high strength surcharges, and ascertaining pretreatment compliance the Public Utilities Director shall have the option of sampling and testing a wastewater and billing the user for the sampling or requiring the user to perform a regular sampling and testing program, approved by the Public Utilities Director, at the user's expense. The user shall make all data available to the Public Utilities Director upon request and the Public Utilities Director shall be allowed to sample the wastewater, as necessary, to verify the user's data.
      (2)    In addition to the other charges, each user shall be charged fifty dollars ($50.00) for each sampling and metering performed by the Public Utilities Director. A fee shall be charged for each sampling permit in which samples are collected and analyzed. Sampling period shall not exceed a twenty-four hour day.
   (h)    Sewer Service Charge for Private System. There shall be a sewer charge for all lots situated in the area to be served by a private sewer system and the service charge shall remain in force and effect so long as the system is being used for the purpose or purposes and under conditions for which it was constructed. The amount of the service charge shall be determined by the Public Utilities Director.
   (i)    Industrial Contracts. The Director may contract with industrial or sanitary users to receive acceptable wastes not part of the normal waste stream, or cover other situation(s) not covered by this chapter, provided such contracts are governed by user charges and other regulations set forth in this chapter.
   (j)    Revisions. On or before September 1 of each year, the Director shall review the laws, ordinances, bylaws, regulations, charges and fees set forth. If changes, revisions or modifications are necessary, he shall submit the changes to the City Manager for necessary action. The charge system shall be in accordance with EPA regulations which now require:
      (1)    The charges shall result in the distribution of operation, maintenance and replacement costs of the treatment works within the jurisdiction of the City to each user class in proportion to such user's contribution of the total wastewater loading of the treatment works. Factors such as strength, value and delivery flow rate characteristics shall be included to ensure a proportional distribution of the costs.
      (2)    The charges shall be reviewed annually and revised periodically as required.
      (3)    The charges shall derive revenue sufficient to meet all costs of operation, maintenance and replacement of the system.
      (4)    Users shall be notified annually of revised sewer user rate structures by notification mailed with a regular sewer bill.
         (Ord. 25-14. Passed 4-14-14.)