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   933.06 PERMIT REQUIRED FOR CONNECTIONS; APPLICATION; INSPECTION.
   (a)   No person, corporation, public agency, partnership or association whatsoever shall connect, or cause to be connected, any building or other structure directly or indirectly to the wastewater collection, treatment and disposal system of this Village (the System) without first securing a permit from the Service Director of this Village in accordance with, and complying with the other requirements of, this Section.
 
   (b)   An application for a permit under this Section, in a form prescribed by the Service Director, shall be signed by the person, organization, partnership, installer or contractor who will perform the work of installing the wastewater service connection to the System. That application shall clearly identify the location of the connection, the fixtures to be connected, the size of such connection being applied for, an identifying number for the relevant lot to which such connection is being made, the anticipated average and maximum daily flows to the System, and the anticipated characteristics and concentrations (including the concentration parameters set forth in Section 933.08 of this Chapter) of those flows to the System. The application shall be filed by the applicant with the Service Director of the Village who shall, within thirty days of such receipt, examine that application, and, if in conformity with the requirements hereof, and if there is, in the judgment of the Engineer, sufficient capacity in the System to handle the expected additional flow (based on the quantity, characteristics and concentrations thereof) from that connection, then the Service Director shall issue a permit for such connection. If the Service Director denies the issuance of a permit, then the applicant may appeal such decision to the Council of the Village within thirty days of being notified in writing by the Service Director of such denial.
 
   (c)   Any such connection shall be made in accordance with the construction requirements for such connections established by the Engineer and shall be inspected by the Engineer for conformity with those requirements before being made. Furthermore, before any non-residential connection is made to the System, a control manhole and/or sampling facilities or points to facilitate observation, measurement and sampling of the flow from that property to the System shall be located and installed in a manner acceptable to, and pursuant to plans approved by, the Engineer; any such control manhole and/or sampling facilities or points shall be installed by, and at the sole expense of, the entity responsible for that flow and shall be maintained by that entity, at its sole expense, so as to be in a safe condition, accessible and in proper operating condition at all times; if any such control manhole and/or sampling facilities or points are not located in the public right-of-way, then that entity shall also provide a right of access to the Village and its agents (including any entity retained by the Village to operate the System) thereto, in form and substance satisfactory to the Law Director of this Village.
(Ord. 2002-15. Passed 4-9-02.)
 
   933.07 QUARTERLY CHARGES FOR SERVICE; MEASUREMENT; BILLING; PENALTY; LIEN; TERMINATION OF SERVICE; REFUND.
   (a)   In order to fairly and equitably allocate the costs of, and to provide funds to this Village for the purpose of, operating, maintaining and repairing that System, as well as paying capital costs (including replacement and debt service costs) associated therewith, including the repayment of the loan from the Ohio Public Works Commission obtained for that System, paying other costs of the System, and repaying any advances made or to be made from other funds of this Village for any of those costs of the System, it is necessary to fix fair, just and equitable rates to be charged for the use of the System as follows: a quarterly charge for each property connected to the System equal to the greater of (i) a minimum charge of fifty dollars ($50.00) or (ii) six dollars and fifty-six cents ($6.56) per one hundred cubic feet, or any part thereof, of "metered flow". Any property which would be billed a minimum quarterly charge of fifty dollars ($50.00) but which has not been connected to the System for the entire quarter shall have such minimum quarterly charge of fifty dollars ($50.00) prorated based on the number of days such property was connected during that quarter.
 
   (b)   The term "metered flow" means the record of metered water consumption for such property maintained by the City of Cleveland Water Department which provides water service to that property, provided, however, that if, no such water service is provided to that property then the "metered flow" for such property shall be determined (i) by the Engineer based on customary engineering principles and suggested flow guidelines promulgated by the Ohio Environmental Protection Agency or (ii) on the basis of a meter of a type approved by the Engineer for the purpose of measuring such flow to the System and installed and maintained at the sole expense of the entity responsible for such flow. If the Engineer, in his professional judgment, determines that the "metered flow" as described above is not a reasonably accurate measurement of the flow to the System from a particular property, then the Engineer may require the entity responsible for such flow to install and maintain, at that entity's sole expense, a meter for the purpose of measuring such flow, in which case the measurement of that flow by such meter shall constitute the "metered flow" with respect to such property. If any such meters are not located in the public right-of-way, then that entity shall also provide a right of access to the Village and its agents (including any entity retained by the Village to operate the System) thereto, in form and substance satisfactory to the Law Director of this Village.
 
   (c)   The Clerk shall arrange for the billing of those quarterly charges and any surcharges provided for in Section 933.08 of this Chapter. Any such charges and surcharges not paid within thirty days of the date of such bill shall have added thereto a penalty equal to ten percent of such unpaid amount. Any change of ownership or occupancy of the property shall not be cause for reducing or eliminating the charges, surcharges or penalties provided for in this Chapter.
 
   (d)   All charges, surcharges and any penalties levied pursuant to this Chapter are hereby made a lien upon such property charged therewith and if the same are not paid within ninety days after the same are due and payable, then they shall be certified to the Auditor of Cuyahoga County who shall place the same on the tax duplicate, with interest and penalties allowed by law to be collected as other property taxes are collected. This remedy shall be in addition to all other remedies provided by law.
 
   (e)   Furthermore, the Village, to the extent permitted by law and in the event of a failure to pay such charges or surcharges after they become delinquent, shall have the right to cause water service to be discontinued to that property, or to remove or close sewer connections to that property; the expense of such discontinuance, removal or closing, as well as the expense of restoring service, shall likewise be a debt due to the Village and a lien upon the property, recoverable by the Village as permitted by law. Water or sewer service shall not be restored until all charges, surcharges and penalties, including the expense of removal, closing and restoration, have been paid to the Village.
 
   (f)   A written application for a refund of charges or surcharges must be filed with the Clerk of this Village within two years of the date that such charges or surcharges were paid by the applicant. The application must state in detail the reason for such claim for a refund and be accompanied by any documentation supporting such claim. If the Clerk denies the claim in whole or in part then the applicant may appeal such decision to the Council of the Village within thirty days of being notified in writing by the Clerk of such denial.
(Ord. 2002-15. Passed 4-9-02.)
 
   933.08 SURCHARGE FOR FLOWS EXCEEDING NORMAL CONCENTRATIONS.
   (a)   The System has been designed to handle flows with "normal concentrations" as follows: (i) a five-day, twenty-degree centigrade biochemical oxygen demand of not more than 200 parts per million; (ii) a suspended solids content of not more than 250 parts per million; and (iii) an oil and grease content of not more than 50 parts per million. Flows with concentrations greater than any one or more of those "normal concentrations" would have a deleterious effect and impact on the System including, but not limited to, reducing the hydraulic treatment capacity of the System, increasing treatment and other operating costs, disrupting the normal treatment process, and/or causing discharge limits to be exceeded. Therefore, it is fair, just and equitable to impose a surcharge as follows with respect to flows with concentrations greater than any one or more of those "normal concentrations".
 
   (b)   If the Engineer determines, based on the exercise of professional engineering practice, methodology and standards, including measurements, tests and analyses undertaken by the Engineer in accordance with Section 933.05 of this Chapter, that the flow to the System from a property exceeds any one or more of those "normal concentrations", then a surcharge, equal to 100% of the quarterly charge for such property, as measured and determined pursuant to Section 933.07 of this Chapter, shall be added to the quarterly bill for such property prepared pursuant to Section 933.07 of this Chapter.
 
   (c)   A surcharge shall continue to be imposed until (i) the entity responsible for such flow advises the Engineer in writing that it has implemented pretreatment facilities and controls on, changed the characteristics of, or otherwise improved, such flow so that such flow no longer exceeds any one or more of those "normal concentrations", (ii) such entity has paid, in advance, to this Village, the costs of the Village in undertaking such measurements, tests and analyses, including the fees and expenses of the Engineer, and (iii) the Engineer determines, based on the exercise of professional engineering practice, methodology and standards, including measurements, tests and analyses undertaken by the Engineer in accordance with Section 933.05 of this Chapter, that such flow no longer exceeds any one or more of those "normal concentrations". However, the aforesaid surcharge shall be reimposed if the Engineer thereafter determines, based on the exercise of professional engineering practice, methodology and standards, including measurements, tests and analyses undertaken by the Engineer in accordance with Section 933.05 of this Chapter, that the flow to the System from such property exceeds any one or more of those "normal concentrations".
(Ord. 2002-15. Passed 4-9-02.)
 
   933.09 DEPOSIT OF FUNDS COLLECTED.
   All moneys received from the collection of the rates and charges established herein shall be deposited in the Wastewater Plant Fund. Moneys in such fund shall be used to pay for the operation, maintenance, repair and replacement expenses of the System, debt services charges on obligations incurred or which may be incurred for the System, the repayment of any advances made or to be made by the Village in connection with costs of the System, and any other costs and expenses related to the System.
(Ord. 2002-15. Passed 4-9-02.)
 
   933.10 ENGINEER.
   As used in this Chapter, the term "Engineer" means the duly appointed Village Engineer of the Village or a consulting engineer retained by the Village to provide professional engineering services and advice with respect to the System and the application of this Chapter.
(Ord. 2002-15. Passed 4-9-02.)
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