1045.07  SEWER SERVICE CHARGE AND OTHER SEWERAGE SYSTEM CHARGES.
   (a)   Every person, firm, or corporation whose premises are served by a sewer connection which discharges sanitary wastewater, industrial wastes, water or other liquids, either directly or indirectly, into wastewater facilities under the jurisdiction of the District, will be charged for the use of such facilities and for the treatment of such wastewater and wastes.  The user charge shall be applied to each and every premise discharging into the sewerage works.
   (b)   The sewer service charge will consist of a minimum charge and a usage charge. The minimum charge shall be based on the size of the water meter(s) used at the premises served.  The usage charge shall be based upon the quantity of water used, as measured by the water meter(s).  The meter(s) shall be acceptable in design and type to the District.
   (c)   When a premise is served by more than one water meter a minimum and usage charge will be made for each meter.
   (d)   When a premise is supplied in whole or part with water from wells or any source other than the public water supply, and which discharges to wastewater facilities under the jurisdiction of the District, such wells or other source shall be approved by the WWTP Superintendent.  The owner of the premises shall install and maintain at his expense a meter or meters acceptable to the City and the quantity of water used shall determine sewer service charges as measure by the meter(s).  The meter size shall determine tap-in charges and usage estimates may be made for faulty meters.
   (e)   The WWTP Superintendent shall make and enforce such additional rules and regulations as he or she deem necessary for the enforcement of the provisions hereof, for the proper determination and collection of the rates and charges herein provided and for the safe, efficient and economical management of the system.  Such rules and regulations, when not repugnant to existing laws of the State and/or United States Environmental Protection Agency rules and regulations, shall have the same force and effect as if they were a part hereof.
   (f)   Each year the Safety/Service Director and the Utility Committee shall review service charges. This review shall be in accordance with the following.
      (1)   The service charges shall cause distribution of the costs of operation, maintenance, replacement, and improvement of the wastewater system within the City's jurisdiction to each user class in proportion to the user's contribution to the total wastewater loading of the wastewater system. Factors such as strength, volume and delivery, and flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure proportional distribution of operation, maintenance, replacement, improvement, and other authorized costs to each user class.
      (2)   The service charges shall be reviewed annually and revised periodically to reflect actual wastewater system operation, maintenance, and other authorized costs.
   (g)   Because a District sewer is available to any lot, parcel of land, building or premises which is improved, it is a conclusive presumption that wastewater from said lot, parcel of land or premises which is improved is discharged into such sewer, and the premises or property shall be billed for wastewater service charges as provided herein. Any lot, parcel of land or premises abutting a street, alley or easement in which there is a District sewer shall be deemed to have available access to a District sewer. In conformance with the provisions of Sections 1045.02 and 1045.05, all users required to make connection with District sewers shall obtain a street opening and applicable bonding permit. The Engineering Department may assess users for the following application, permit, inspection and connection fees as necessary:
      (1)   A permit fee shall be charged to all users making application for a sanitary sewer permit.  The fee for such permits may be changed whenever necessary as determined by the Utility Committee and approved by the City Council.
      (2)   All sewer connections shall be in conformance with standards set forth in this chapter. All costs and expense incident to the inspection, installation and connection of the lateral shall be borne by the owner as provided in Section 1045.04(c) and (d). Any required connection charges or tap-in fees shall be paid in full before a sewer application is approved or a sewer permit is issued. The amount of such sewer connection charges shall be determined by the Utility Committee and approved by the City Council. The amount of such connection charges or tap-in fees shall not be less than the amount assessed for similar properties and shall be in addition to any permit fees or other fees required.
      (3)   Industrial wastewater discharge permit applications shall be in conformance with the requirements of Section 1045.06(b) and other provisions of this chapter. The Pretreatment Coordinator may assess applicants for additional costs related to plan review, waste analysis and related matters, as applicable.
   (h)   The Pretreatment Coordinator shall assess users for any additional fees, costs and expenses as may be necessary due to enforcement actions and legal fees, costs and damages from slug discharges and accidental spill, any special, nonroutine pretreatment compliance monitoring surveillance, analysis and review and/or other just cause allocable to an individual user. 
(Ord. 91-130. Passed 11-5-91.)
   (i)   That in order to pay the expense of operating, maintaining, and managing the wastewater works systems of the City and to make adequate provision for the payment of the principal of, interest on, and other fund requirements of any Wastewater Works System Improvement General Obligation Bonds, or Wastewater Works System Improvement General Notes, which have been or may be issued to pay costs of extensions to or improvements to such wastewater works system of the City hereinafter service charges are hereby established as provided in subsection (k) hereof.
   (j)   That the funds received from the collection of the service charges hereafter provided shall be deposited as received with the City Treasurer who shall keep the same in a separate fund designated the "Sewage Disposal Fund", which Fund is hereby established, subject to such terms, conditions and restrictions as may be hereinafter recited for creation of any ordinance or indenture of mortgage revenue bonds for such wastewater works systems. All moneys in such Fund shall be used for the payment of the cost and expense of the operation, maintenance, repair, and management of such wastewater works system and for the payment of principal of, interest on, premium, if any, and other charges on bonds or notes issued to pay cost of any extensions to or improvements of said wastewater works system. Any surplus in said Fund, over and above the requirements and restrictions hereinbefore mentioned, may be used for enlargement or improvement of or replacement to said wastewater works system.
   (k)   Sewer service charges as set forth in division (k)(1), pollutant surcharge charges as set forth in division (k)(2), and Special Capital Recovery District surcharges as set forth in division (k)(3) shall be assessed as follows.
      (1)   Sewer charge schedule.
 
SEWER SERVICE CHARGE SCHEDULE
RESIDENTIAL
MINIMUM UNITS
MINIMUM BILL
5/8-inch meter
10 billing units
$ 30.40
3/4-inch meter
23 billing units
69.92
1-inch meter
40 billing units
121.60
COMMERCIAL
MINIMUM UNITS
MINIMUM BILL
5/8-inch meter
10 billing units
$ 30.40
3/4-inch meter
41 billing units
124.64
1-inch meter
73 billing units
221.92
1-1/2-inch meter
162 billing units
492.48
2-inch meter
368 billing units
1,118.72
3-inch meter
807 billing units
2,453.28
4-inch meter
1433 billing units
4,356.32
6-inch meter
2688 billing units
8,171.52
8-inch meter
4878 billing units
14,829.12
 
 
ALL ADDITIONAL USAGE UNITS ABOVE MINIMUM
$3.04
UNIT EQUIVALENTS
100 Cubic feet
750 Gallons
 
      (2)   Computation of sewer use surcharge.
         A.   A sewer use surcharge shall be assessed for extra strength wastewater for which the concentration for BOD, suspended solids or other pollutants in normal strength wastewater.
         Surcharges shall also be assessed for the City's cost of consistently removing toxic pollutants subject to Federal Categorical Standards at the City's wastewater treatment facilities.
         Wastewater pollutant concentrations shall be determined from the industrial monitoring program and any necessary special surveillance, user's self-monitoring data and/or EPA compliance monitoring data.
         Surcharges shall be added to a user's sewer use charges and shall remain in effect as long as normal strength wastewater values are exceeded.
         B.   Surcharges shall be computed in accordance with the model below:
            Cs = K(BcB + ScS + PcP) Vu
            Where:
               Cs =    surcharge for extra strength waste.
               K =   concentration to mass loading conversion factor equal to 0.00626.
               Bc =   unit operating cost for biochemical oxygen demand (BOD) in $/pound.
               B =    concentration (mg/l) of BOD from a user above 250 mg/l (normal strength wastewater).
               Sc =   unit operating cost for suspended solids (nonfilterable residue) in $/pound.
               S =    concentration (mg/l) of suspended solids from a user above 250 mg/l (normal strength wastewater).
               Pc =   unit operating cost of any pollutant in $/pound.
               P =   concentration (mg/l) of any pollutant from a user above normal strength wastewater concentration.
               Vu =   a user's total water usage or wastewater discharge in 100 cubic feet per unit of time.
         C.   The unit sewer use surcharges shall be as follows:
            BOD surcharge (Bc) effective July 1, 1991, and thereafter = $0.29/pound.
            SS surcharge (Sc) effective July 1, 1991, and thereafter = $0.24/pound.
            Other pollutant unit surcharges (Pc) shall be developed at the time the need for a surcharge arises.
         D.   Basis for charge; minimum.  For lots, parcels of land, buildings or premises using water exclusively supplied by the District, the sewer service charge or rental shall be based upon the quantity of water used thereon or therein, as measured by the District water meters installed or approved by the Superintendent, and shall be at the rate as provided in this section for each 100 cubic feet of water consumed. However, in no event shall such sewer sendee charge or rental be less than sixty-five dollars and thirty-eight cents ($65.38) per annum effective July 1, 1991, and thereafter, for each connection with the system, which charges are hereby declared to be minimum charges.
(Ord. 90-66. Passed 6-19-90.)
      (3)   Computation of special capital recovery district surcharges.
         A.   A special Capital Recovery District surcharge shall be imposed for recovery of total debt service costs (including principal, interest, paying agent and bond registrar costs, and all costs relating to the issuance of bonds and notes in anticipation thereof, all of which debt service costs are herein referred to as "debt costs") for the total construction and nonconstruction costs of providing District sewer services to the previously unsewered area, to all users in the Special Capital Recovery District.
         B.   Sewer use Special Capital Recovery District surcharges shall be computed in accordance with the model below:
            SDd = (SDa/SDt)SDu
            Where:
               SDs = a user's Special Capital Recovery District surcharge.
               SDa = Special Capital Recovery District debt costs.
               SDt = total Special Recovery District volume contribution per unit of time.
               SDu = a user's total water or wastewater discharge in 100 cubic feet (cf) per unit of time.
               SDa/SDt = unit Special Capital Recovery District surcharge.
         C.   This Special Recovery District surcharge shall expire and collection of the same shall cease, as applicable to each individual Special Capital Recovery District, when settlement funds have been collected from all users in the Special Capital Recovery District to offset total debt costs relating to the construction and nonconstruction costs for providing the District sewer services in and for the Special Capital Recovery District.
         D.   A Special Capital Recovery District may be established by the City only at the written request of all property owners within the area directly encompassed by the Special Capital Recovery District. The Special Capital Recovery District shall be defined by a legal metes and bounds description and drawing to accompany said request. The Safety/Service Director shall act upon such request to establish a Special Capital Recovery District with a recommendation to City Council.  The Special Capital Recovery District shall be effective from the date so established by City Council and shall remain in full force and effect and applicable to all properties therein until its expiration as set forth in paragraph (h)(4)C. hereof.
(Ord. 92-98. Passed 7-7-92.)
         E.   The Safety/Service Director with approval of City Council is hereby authorized and directed to designate the boundaries of the Capital Cost Recovery Districts which are, from time to time, formed within the City limits pursuant to this section.
(Ord. 93-150. Passed 9-7-93.)
   (l)   For lots, parcels of land, buildings or premises using water exclusively supplied by the District, such sewerage service charge or rental shall be based upon the quantity of water used thereon or therein, as measured by the District water meters installed or approved by the Superintendent, and shall be at the rate as provided in subsection (k) hereof.
   (m)   For lots, parcels of land, buildings or premises using water supplied either in whole or in part from sources other than the waterworks system of the District, the Superintendent may require the owner or other interested party to install water meters or other meters satisfactory to the Superintendent finds it is not practical to measure by meter any water supplied from sources other than the waterworks system of the District, he or she shall measure the same in such manner and by such method as he or she may find practical in the light of the conditions and attending circumstances of the case, provided, further, that such methods are in accordance with accepted engineering practices. The amount of water consumed and measured as provided in this subsection, shall then constitute the base for application of the sewerage service charge or rental provided in subsection (k) hereof.
   (n)   In the event it can be shown to the satisfaction of the Superintendent, with respect to any lots, parcels of land, buildings or premises, that a portion of the water, from any source, consumed on the premises does not and cannot enter the system, then in each such case the owner or other interested party may, at his or her expense, install and maintain separate metering devices which shall demonstrate to the satisfaction of the Superintendent that portion of the water so consumed on the lots, parcels of land, buildings or premises which is discharged into the system, and such portion shall then constitute the base for application of the sewerage service charge or rental provided in subsection (k) hereof for these lots, parcels of land, buildings or premises.
   (o)   Bills and notices relating to the conduct of the business of the District will be mailed to the user at the address listed on the application, unless a change of address has been filed in writing at the business office of the District. The District shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from nonpayment of a bill or from any performance required in said notice.
   (p)   (1)   Bills for sewer service are due and payable at the business office of the District, or any designated agent, on their date of issue. The past due date shall be the sixteenth day of the month after the period of service. Bills will be dated and mailed each quarter.
      (2)   All bills not paid on or before the past due date shall be deemed delinquent, and the District shall serve on the user a written final notice of said delinquency.  If a delinquent bill is not paid within thirty days after the date due it will be subject to being certified as State law will allow.
   (q)   Where a user is delinquent in the payment of services the District reserves the right to request a nominal sum to be placed on deposit with the District for the purpose of establishing and maintaining any customer's credit.
   (r)   The District shall make all reasonable efforts to eliminate interruption of service, and when such interruption occurs will endeavor to re-establish service with the shortest possible delay.  Whenever the service is interrupted for the purpose of working on the collection system or the treatment equipment, all consumers affected by such interruption will be notified in advance whenever it is possible to do so.
(Ord. 91-130. Passed 11-5-91; Ord. 08-85.  Passed 9-2-08; Ord. 08-107.  Passed 11-4-08; Ord. 09-27.  Passed 3-3-09; Ord. 09-43.  Passed 3-17-09; Ord. 12-24.  Passed 4-3-12.)