§ 53.22 MANAGING WASTEWATER FLOWS; EXISTING CUSTOMERS AND WHOLESALE CUSTOMERS.
   (A)   No customer of the city’s sewer utility shall undertake any activity that would serve to permanently increase by more than 150 gallons per day the anticipated wastewater flow to the city’s sewage works over and above the level of wastewater flow from the customer as it existed on 1-1-2006, without first obtaining approval from the city. Intermittent fluctuations in a customer’s wastewater flow do not constitute activities producing a permanent increase in wastewater flow.
   (B)   No person shall construct or allow to be constructed any mains, laterals, valves, or other SEWAGE WORKS as that term is defined in I.C. 36-9-1-8 (collectively “sewage works”) that will result in an increase in wastewater flows to the city system by more than 150 gallons per day without first obtaining approval from the city.
   (C)   Permission shall not be granted pursuant to divisions (A) and (B) above unless the customer first pays to the city the standard city system development charge per equivalent dwelling unit or portion thereof established pursuant to § 53.15(B) for the proposed new flow.
   (D)   Absent a written and currently effective wholesale contract between the wholesale customer and the city, the city will not accept the wastewater from any customer of a wholesale customer except under either of the following conditions:
      (1)   Unless the customer was already connected to the wholesale customer and already contributing wastewater to the city system as of 9-1-2006; or
      (2)   Unless the connection is between the wholesale customer and a single-family residence abutting the wholesale customer’s sewer main which main has been duly permitted and constructed as of 9-1-2006, and the city is informed of the connection and is paid its standard system development charge per equivalent dwelling unit or portion thereof established pursuant to § 53.15(B) for the new flow.
   (E)   In the event of a contract between a wholesale customer and the city, the term of which expires after the date of this section, the city will not accept the wastewater from any customer of a wholesale customer unless the customer was already connected to the wholesale customer and already contributing wastewater to the city system as of the expiration of the term of the agreement.
   (F)   The city will not enter a wholesale contract with any entity that would utilize the city’s capacity in the South Dearborn Treatment Plant unless the contract assures that the city will collect its full system development charge per equivalent dwelling unit for all of the capacity subject to the agreement.
   (G)   The city will not enter wholesale contracts with any entity unless the city is satisfied that the collection system of the wholesale customer has been designed and constructed so as to prevent spills or overflows of untreated wastewater into the city under reasonably foreseeable circumstances.
(Ord. 2006-3, passed 8-30-2006; Ord. 2006-8, passed 9-19-2006) Penalty, see § 10.99