915.72 WASTEWATER TREATMENT RATES.
   (a)   Whereas, it is necessary for the City to recover from all users of the POTW the costs of operation and maintenance, including equipment replacement and debt service, the City shall levy fees, assessments and charges upon each lot, parcel of land, building or premises within or outside the corporate limits served by or having connection with the POTW or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly into the POTW such that each user or person pays his/her proportionate share of such cost in a manner as provided in this chapter and as hereafter described in this section.
   (b)   Permit Application and Connection Fees and Charges.
      (1)   All users required to make connection with the City’s POTW shall apply for a building sewer, WDP and/or temporary WDP as required in Sections 915.06(a) and 915.19 to 915.30. The fee for sewer permits may be changed whenever necessary as determined by the Director.
       (2)   All sewer connections shall be in conformance with standards set forth in this chapter. All costs and expenses incident to the inspection, installation and connection of the building sewer shall be borne by the owner as provided in Section 915.06(a) and (b). 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 Director.
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 WDP applications and/or temporary WDP applications shall be in conformance with the requirements of Section 915.19 to 915.30 and the permit fees provided in subsection (b)(l) hereof. The Director may assess applicants for additional costs related to plan review, waste analyses and related matters as applicable.
   (c)   Sewer Use Charges.
      (1)   Computation of unit charges.
         A.   The base unit charge for POTW usage shall be computed by apportioning total system operating costs to all users on the basis of volume of water usage, or Wastewater Discharge as required in subsection (c)(2) hereof, providing that all users of the system discharge normal strength Wastewater as defined herein. When BOD, TSS or other Pollutant concentrations from a user exceed the range of these Pollutants in normal strength Wastewater, a surcharge shall be added to the base charge in the manner provided in subsection (d) hereof.
         B.   Total system operating costs shall include operation, maintenance, equipment replacement and debt service for the POTW, plus all administrative costs allocable to these operations, plus all regularly scheduled, routine administration, operation, maintenance, equipment replacement, monitoring, surveillance, analysis and debt service.
         C.   With the exception of Section 915.75 (h) minimum charges, pursuant to regulations promulgated under the Act, user charges shall be computed only in accordance with the model below:
Ct
Cu = ------ Vu
Vt
            where:
            Cu = a user's sewer charge per unit of time
            Ct = total system operating costs per unit of time
            Vt = total volume contribution per unit of time
      Vu = A user's total water usage or Wastewater Discharge in 1,000 cubic feet (cf) per unit of time
            Ct/Vt = unit cost of sewer service in $/1,000 cf
      (2)   Metering and billing procedures.
         A.   For lots, parcels of land, buildings or premises using water exclusively supplied by the City, such POTW service charge or rental shall be based upon the quantity of water used thereon or therein, as measured by the City water meters installed or approved by the Director and shall be at the rate as provided in subsection (c)(l) hereof for each 1,000 cubic feet of water consumed per month provided, however, that in no event shall such POTW service charge or rental be less than the charge for 300 cubic feet of water consumed per month for each connection with the system, which charge is hereby declared to be a minimum charge.
         B.   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 City, the Director may require the owner or other interested party to install flow meters satisfactory to the Director to the extent necessary to measure all such supplies of water and the quantity of water consumed on such lot, parcels of land, buildings or premises shall be deemed to be the aggregate amount disclosed by such meters; provided that, if the Director finds it is not practical to measure by meter any water supplied from sources other than the waterworks system of the City, he/she shall measure the same in such manner and by such methods as he/she may find practicable in light of the conditions and attending circumstances of the case; provided further, that such methods are in accordance with accepted engineering practice. The cost of such method(s) shall be paid by the owner of the lots, parcels of land, buildings or premises receiving said POTW services. The amount which would be payable at current City water rates, for the aggregate amount of water consumed and measured as provided in this subsection (c)(2)B. hereof shall then constitute the base for application of the POTW service charge or rental provided in subsection (c)(2)A. hereof.
         C.   In the event it can be shown to the satisfaction of the Director 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 POTW system, then in each such case the owner or other interested party may at his/her expense install and maintain a separate metering device which shall demonstrate to the satisfaction of the Director that portion of the water so consumed on the lots, parcels of land, building or premises which is Discharged into the POTW system, and such portion shall then constitute the base for application of the POTW service charges or rental provided in subsection (c)(1)A. hereof for these lots, parcels of land, buildings or premises.
         D.   The POTW usage charges and/or rates established herein shall be payable at the Utility Billing Division of the Budget & Finance Department of the City, and shall be billed at the same time, monthly, as may be applicable, and for the same period as water charges are billed. The charges or rates for such POTW service
shall be rendered with and placed upon the bill or statement submitted for the use of the water service of the City, or at the same time that water bills are rendered, in the event that subsection (c)(2)B. hereof applies.
         E.   No free service shall be rendered by the POTW to the City or any department thereof, to any corporation, public or private, to any school, public or private, to any institutions, charitable or otherwise, or to any other users. If any of the persons in this subsection E. so enumerated avail themselves of the service of the POTW system for general purposes or for any other purpose, the rates herein established which are declared to be as to such person, reasonable rates, shall be charged against such person and shall be paid at the time and in the manner herein otherwise provided for the payment of such rates.
         F.   POTW service charges levied at the rates established shall be billed in accordance with procedures established by the Director
      (3)   Revisions and rate increases. The Director shall annually review the POTW usage charges and rates and shall periodically revise user charges and rates to ensure that sufficient revenue shall be available to defray total POTW operating costs.
   (d)   Sewer Use Surcharges.
      (1)   As provided in subsection (c)(1) hereof, surcharges shall be assessed for extra strength Wastewater for which the concentration of BOD, TSS or other Pollutants exceeds the concentrations of these Pollutants in normal strength Wastewater. Surcharges shall also be assessed for the City's cost of consistently removing at the City's WRF, toxic Pollutants as defined in the Categorical pretreatment standards and amendments thereto.
      (2)   Wastewater Pollutant concentrations shall be determined from the City's Pretreatment Compliance Monitoring Program and any necessary special surveillance or user's self monitoring data.
      (3)   As required by federal law, 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.
      (4)   Consistent with the Act, 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 0.0626
         Bc =   unit operating cost for BOD in $/lb.
         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 $/lb
         S =   concentration (mg/l) of suspended solids from a user above 300 mg/l (normal strength Wastewater)
         Pc =   unit operating cost of any Pollutant in $/lb
         P =   concentration (mg/l) of any Pollutant from a user above normal strength Wastewater concentrations
         Vu =   a user's total water usage or Wastewater Discharge in 1,000 cubic feet per unit of time
   (e)   Special assessments. The Director 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 spills, any special non-routine pretreatment compliance monitoring surveillance, analysis and review and/or any other just cause allocable to an individual user. Special assessments shall be applicable per 915.09.
   (f)   There is hereby levied and charged upon each lot, parcel of land, building or premises within or outside the corporate limits served by or having a connection with the POTW or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly into the POTW a service charge or rental payable as hereinafter provided and in amounts to be determined subsections (g) through (i): (Ord. 2012-90. Passed 10-17-12.)
   (g)   For lots, parcels of land, buildings or premises using water exclusively supplied by the City, such sewage service charge or rental shall be based upon the quantity of water used thereon or therein, as measured by the City water meters installed or approved by the Director and shall be at the rate of sixty-five dollars and 77.1 cents ($65.771) for each 1,000 cubic feet of water consumed that in no event shall such sewage service charge or rental be less than the $65.771 amount determined by application of the following schedules to each connection with the works which amount is hereby declared to be a minimum charge.
   (h)   Effective for the billing after January, 2023:
MINIMUM CHARGE PER MONTH
Water Meter Line
Size Charge
(inches)
Quantity
(cu. ft.)
Monthly
Minimum
Charge
3/4 and 5/8
300
$19.71
1
900
59.194
1.5
1,800
118.387
2
2,400
157.849
3
3,400
223.620
4
4,500
295.968
6
9,000
591.935
8
15,000
986.559
10
22,500
1479.991
12
36,000
2367.927
   (i)   Thereafter, the rates for processing sewage will increase as follows:
      (1)   The sewer rate billing in 2023 will increase by nine percent (9%).
      (2)   The sewer rate billing every year thereafter, will increase by three percent (3%);
      (3)   City Council reserves the right to review these increases annually during the capital budget review. (Ord. 2022-135. Passed 12-21-22.)
    (j)   Sewer Revenue Fund. The funds received from the collection of the rates and charges hereinafter provided shall be deposited as received with the Director of Budget and Finance, who shall keep the same in a separate fund, designated Sewer Revenue Fund. Subject to the provisions of any Ordinance or indenture of mortgage authorizing the issuance of and securing mortgage revenue bonds for such POTW, and notwithstanding the limitations imposed by Ohio Revised Code 729.52, moneys in such Fund shall be used for the payment of the cost and expenses of operation, maintenance, repair and management of the POTW and for payment of debt charges on bonds issued for extensions and improvements of the POTW and any surplus in the Fund over and above the requirements hereinbefore mentioned may be used for enlargement of and replacements to the system and parts thereof, or for any other lawful purpose or purposes. A minimum amount of 3.76% of the funds received shall be used for the payment of the cost of maintaining a sewer replacement program.
   (k)   A person or other entity with property located outside the City requesting sewer service from the City shall meet the following conditions:
      (1)   The property owner shall apply to Council for approval by Ordinance of the proposed extension and/or tap in.
      (2)   The property of the applicant for sewer service shall be adjacent to an existing sewer main.
      (3)   The applicant shall pay the proportionate share of the cost of construction of the sewer main as determined by the Deputy Service Director/Superintendent of Engineering.
      (4)   The applicant shall pay the tap-in charge as determined by the Director of the City.
      (5)   The applicant shall secure all applicable City permits and comply with all applicable Director’s rules and regulations.
         (Ord. 2012-90. Passed 10-17-12.)
   (l)   Each POTW usage charge and rate levied pursuant to this chapter shall constitute a lien upon the premises and pursuant to Ohio R.C. 729.49, if any such POTW usage charge and rate is not paid when due it may be collected in the same manner as other municipal corporation taxes. This shall include the right of City Council to certify delinquent POTW use charges, late charges and fees imposed to the county auditor and have the delinquencies charged to the real estate tax bill as a lien on the real property that generated the delinquent charges. The City shall also have the right, in the event of no payment as aforesaid, to discontinue both water and sewer service to such premises and to impose such other late charges and fees as provided by law until such unpaid POTW usage charge and rate and all other late charges and fees imposed in addition thereto, have been paid in full. (Ord. 2012-110. Passed 10-17-12.)
   (m)   The Budget and Finance Director is hereby authorized to refund and/or adjust sewer bills when it is determined that due to a water leak in the service, or any other pipes or fixtures on the premises of the consumer, the sewer bill does not reflect the true sewer usage during the billing period. (Ord. 2012-90. Passed 8-15-12.)