§ 50.072 SEWER CHARGES.
   (A)   It is hereby determined necessary for the protection of the public health, safety, and welfare and to conform with federal, state, and local laws and regulations that a system of charges for sewer service be established with allocates the cost of providing sewerage service to each user in such a manner that the allocated costs are proportionate to the cost of providing sewerage service to that user insofar as those costs can reasonably be determined. A proportionate charge shall be made to all users that discharge waste water, either directly or indirectly, in the town sewerage system. Such charges shall be based on the rates established pursuant to divisions (D) and (E) below. In addition, each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the sewage treatment works shall pay for such increased costs.
   (B)   There are hereby established the following sewer charges which shall be in lieu of any other town sanitary sewer service charges:
      (1)   Sewer use charge; and
      (2)   Sewerage system capacity charge.
   (C)   For the purpose of determining the sewer use charge, users shall be assigned by the Public Works Department to subcategories of user classifications as required.
   (D)   (1)   A rate schedule for the sewer use charge shall establish separate rates for each subcategory of user classification established by the Public Works Director as required in division (C) above. Rates shall be designed to recover the cost of rendering sewerage services for the year during which the rates shall be in effect. Rates shall be established maintaining adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for service.
      (2)   The Public Works Director shall submit annually to the Town Council not later than 60 days prior to the end of the fiscal year an annual sewer report, including a recommended rate schedule for each category of user classification for the following fiscal year. The report shall contain data utilized in determining the rate schedule. The rate schedule shall be in the form of a resolution adopted by the Town Council. The sewer use charge for each user classification will be determined according to the following rate calculation formula:
User charge = (users contribution, MG x $/MG) +
Users BOD loading x $/lb. + Users SS loading x $/lb.
                     1000 lb.         1000 lb.
Fixed O & M + *Cost of monitoring/testing
                   # of customers    # of indust./commercial customers
*Applies only to industrial/commercial users.
      (4)   Operating and maintenance costs consist of:
         (a)   Salaries and benefits of employees engaged in providing sewerage service;
         (b)   Operating expenses, including parts, materials, and services, incurred in providing sewerage service;
         (c)   Applicable equipment and/or appurtenances replacement costs necessitated by the provision of sewerage services; and
         (d)   Appropriate indirect costs of the Public Works Department and other town departments in rendering sewerage-related services such as purchasing, accounting, billing, and administration.
   (E)   (1)   The sewerage system capacity charge is established for the purpose of providing revenue to help finance and to more equitably distribute the cost of the construction of necessary additions to both the sewer system and sewer treatment facilities.
      (2)   The funds received from the collection of such charges shall be deposited daily by the Finance Director who shall credit them to a special fund from which the Town Council may authorize the payment of the cost and expense of the construction of the sanitary sewerage system, regulator chambers, storm standby tanks, pumping stations and sewage treatment works, and for the payment of the cost and expense of extensions to or the enlargement of same.
      (3)   The charge so exacted shall be set annually by resolution of the Town Council. Cost factors to be considered in establishing this charge shall include annual department service requirements for the retirement of sanitary sewer bonds and/or long-term construction contracts, annual depreciation costs, and other pertinent factors as determined by the Town Council.
   (F)   A sewer bill bay be rendered on a monthly, quarterly, or annual basis. The bill shall distinguish between the sewer use charge and the sewerage system capacity charge.
   (G)   Sewer user charge rates shall be reviewed by the Town Council at least biennially. Such reviews shall result in revision of user charges to accomplish the following:
      (1)   Maintain the proportionate distribution of operation and maintenance costs among users and user classes;
      (2)   Generate sufficient revenue to pay the total costs necessary to the proper operation and maintenance of the sewage system; and
      (3)   Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
   (H)   Each user will be notified at least annually, in conjunction with a regular bill, of the sewer use charge rate and that portion of the total bill attributable to operations, maintenance, and replacement costs for sewer service.
   (I)   The sewer user charge system as set forth in this subchapter shall take precedence over any terms or conditions of agreements or contracts between the town users which are inconsistent with the requirements of 33 U.S.C. §§ 1251 et seq. and federal regulations issued pursuant thereto.
   (J)   Each sewer charge rendered under or pursuant to this chapter is hereby made a lien upon the corresponding lot, parcel of land, building, or premises served by a connection to the sanitary sewerage system of the town.
   (K)   (1)   There shall be established the following funds or accounts into which the sewer charges levied in this section shall be distributed:
         (a)   Sewerage system operations, maintenance, and replacement;
         (b)   Sewerage system debt service; and
         (c)   Sewerage system construction and expansion.
      (2)   The distribution of sewer charges shall be as follows:
         (a)   Sewer use charge revenues shall be allocated to the sewerage system operations, maintenance, and replacement fund or account; and
         (b)   Sewerage system capacity charge revenues shall be allocated as follows:
            1.   The portion of the charge levied to service the debt of sanitary sewer bonds or long-term construction contracts shall be allocated to the sewerage system debt service fund or account; and
            2.   The remainder of the charge shall be allocated to the sewerage system construction and expansion fund or account.
      (3)   The utilization of the fund or accounts shall be as follows.
         (a)   Sewerage System Operations, Maintenance, and Replacement Fund or Account shall be utilized for personal services, operational expenses, and equipment replacement expenses associated with the provision of sewerage system service.
         (b)   Sewerage System Debt Service Fund or Account shall be utilized in servicing the debt retirement of sanitary sewer bonds or long-term construction contracts.
         (c)   Sewerage System Construction or Expansion Fund or Account shall be utilized for the construction or expansion costs associated with the sewer system and the sewage treatment facilities.
   (L)   Determination of waste water quality.
      (1)   For industrial users with installed water meters, the charges established in this section shall become effective from and after each user’s first regular meter reading after the issuance of the industrial waste permit.
      (2)   Any user who fails or refuses to install a water meter to any source of water supply used, within 30 days after written notice by the Public Works Director to do so, shall be charged on water usage estimated by the Director.
      (3)   If a user discharges sanitary sewage, industrial wastes, water, or other liquids into the town sewage system, either directly or indirectly, and it can be shown by such party to the satisfaction of the Director that a portion of the water as measured by the water meter or meters does not and cannot enter the sewerage system, the Director may determine in such manner and by such method as he or she may find practicable the percentage of metered water entering the sewerage system. The quantity of water used to determine the sewer charge shall be that percentage, so determined, of the water measured by the water meter or meters; or the Director may require or permit the installation of acceptable additional water or sewer meters at such party’s expense and in such a manner as to determine the quantity of water actually entering the sewerage system as so determined. If such additional water or sewer meters are installed, an additional charge shall be made to cover the cost of reading and computing the flow of each such meter and such additional charge shall be added to each sewer charge bill rendered.
      (4)   After the installation of the measuring equipment is approved by the Public Works Director, it shall be the obligation of such industrial user to conduct a test on such measuring equipment at least once every 12 months to determine its accuracy and the results thereof shall be furnished in writing to the Director. Those users seeking renewal of an industrial waste water discharge permit or an interim industrial waste water discharge permit shall file the results as part of the report required by § 50.074. It shall also be the industrial user’s responsibility to notify the Public Works Department within a reasonable time in advance so that the Department may, if it chooses, have a witness present during such test. If upon any such test the percentage of accuracy is found to be within the accuracy tolerance as established by the manufacturer’s specifications, such measuring equipment shall be determined to have correctly measured the quantity delivered to the sewer system. If, however, upon any such test the percentage of accuracy is found to be in excess of the accuracy tolerance specified by the manufacturer’s specifications, then such measuring equipment shall be immediately adjusted to register correctly the quantity delivered to the sewer system. The billings to such industrial user shall be adjusted for a period extending back to the time when the inaccuracy began, if such time is ascertainable, or for a period extending back one-half of the time elapsed since the date of the last test or the date of the last adjustment, if the time is not ascertainable.
      (5)   All users for which the water supply is from other suppliers of water shall furnish to the town either a certified meter reading of water delivered to its plant or company or a copy of the billing from the water supplier. In this event, the user’s charges will be calculated and the same conditions will apply as if the town were supplier of water to the user.
      (6)   For residential and commercial users with installed water meters, the charges established in this section shall become effective from and after each user’s first regular meter reading.
   (M)   Determination of waste water quality.
      (1)   Testing by direct sampling, utilizing recognized field techniques, equipment, and procedures, will be used for all industrial users. The BOD (5) test shall be considered the standard test, however, COD or TOC tests may be substituted in cases where it has been determined by the Public Works Director that the BOD (5) test is not representative of actual waste water loading. Waste water characteristics shall be determined by the Public Works Department on the basis of monitored waste water discharged, a certified statement from the user, or on the best available date as to the characteristics of such discharges.
      (2)   Any change in the ongoing processes employed by a user contributing industrial waste which results in a variation of more than 25% of one or more of the effluent loading concentrations shall be reported to the Public Works Department within 30 days of such change.
      (3)   If it is determined through testing that a significant variation exists between the user’s certified data and the discharge characteristics monitored by the Public Works Department, the town may adjust the sewer use charge based on the monitored data from the original date of certification, unless written communication has occurred notifying the Department of changes in loading and giving specific dates of changes.
      (4)   Where sampling and gauging of a specific user is not practical for physical, economic, safety, or other reasons, the Public Works Director may designate values for concentrations of the wastes discharged into the sewerage system for all users in the same standard industrial classification or subclassification.
(Ord. 89-07, passed 8-24-1989) (Ord. O2020.13, passed 4-23-2020)