Section
53.01 Definitions
53.02 Private sewage disposal
53.03 Building sewers and connections
53.04 Sewer user class
53.05 Rates established
53.06 Adjustment of rates based on water usage
53.07 Adjustment of rates based on sewage content
53.08 Collection
53.09 Authorization to regulate use
53.10 Appeal
53.11 Special rate contracts
53.12 Gratuitous service prohibited
53.13 Return on sewer utility
53.14 Town to receive payments from sewer utility
53.15 Prohibited discharge standards
53.16 Discharges into sanitary sewer prohibited
53.17 Pretreatment of industrial wastes
53.18 Plans and specifications of pretreatment facilities
53.19 Unpolluted cooling waters
53.20 Polluted cooling waters
53.21 Industrial flow information
53.22 Wastewater sampling
53.23 Grease, oil and sand traps
53.24 Spills reporting
53.25 Protection from damage; arrest
53.26 Inspection and sampling
53.27 Search warrant
53.28 Record keeping
53.29 Recovery of costs; penalty
53.30 Nonresidential user information
53.31 Enforcement Response Plan
Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
AMMONIA or (NH3-N). Shall have the same meaning as defined in the Sewer Use Ordinance.
BOARD. The Town Council of the Town of Kouts, or any duly authorized officials acting in its behalf.
BOD (or BIOCHEMICAL OXYGEN DEMAND). Shall have the same meaning as defined in the Sewer Use Ordinance.
CBOD (or CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND). Shall have the same meaning as defined in the Sewer Use Ordinance.
COD (or CHEMICAL OXYGEN DEMAND). Shall have the same meaning as defined in the Sewer Use Ordinance.
COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of "normal domestic sewage."
GOVERNMENTAL USER. Any Federal, state or local government user of the wastewater treatment works.
INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a wastewater treatment works.
INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.
INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
LOCAL CAPITAL COSTS. The average annual principal and interest payments on all proposed revenue bonds or other long-term capital debt.
NORMAL DOMESTIC SEWAGE. (for the purpose of determining surcharges). Wastewater or sewage having an average daily concentration as follows:
(1) (a) S.S. not more than 150 mg/1;
(b) BOD not more than 150 mg/1; and
(c) Ammonia not more than 20 mg/1.
(2) As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial processes.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT. Shall have the same meaning as defined in the Sewer Use Ordinance.
OPERATION AND MAINTENANCE COST. Includes all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related Federal, state and local requirements. (These costs include replacement.)
OTHER SERVICE CHARGES. Tap charges, connection charges, area charges, and other identifiable charges other than excessive strength surcharges.
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units.
SEWAGE. Shall share the same meaning as defined in the Sewer Use Ordinance.
SEWER USE ORDINANCE. A separate and companion enactment to this chapter, which regulates the connection to and use of public and private sewers.
SHALL. is mandatory; MAY is permissive.
S.S. (or SUSPENDED SOLIDS). Shall have the same meaning as defined in the Sewer Use Ordinance.
TOWN. The Town of Kouts acting by and through the Town Council.
USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of P.L. 92-500.
USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities, (i.e. residential, commercial, industrial, institutional, and governmental in the User Charge System).
(Ord. 2008-2, passed 3-17-08; Am. Ord. 2017-3, passed 8-21-17)
(A) Where a sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter and any other applicable local, state or federal law.
(B) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the town. A permit and inspection fee shall be paid to the town at the time the application is filed.
(C) A permit for private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the town. The town shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the town when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the town.
(D) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the IDEM, the Indiana State Board of Health and Porter County Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(E) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town.
(F) At such time as a public sewer becomes available within 300 feet of the property line of a property served by a private sewage disposal system, the town will apprise the affected property owner of this availability by certified mail. A direct connection shall then be made to the public sewer in compliance with this chapter, at the owner’s expense, within 90 days of receipt of the notice. The private sewage disposal system shall be deactivated in accordance with all applicable laws.
(G) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Porter County Health Department or any other authorities.
(Ord. 2008-2, passed 3-17-08)
(A) All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner. The owner shall indemnify and hold harmless the town from any loss or damage that may directly or indirectly be caused by the installation of a building sewer, whether it be to the owner, town employee or agent or other third party.
(B) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. In that case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(C) Old building sewers may be used in connection with new buildings only when they are found, upon examination and testing by the Inspector to meet all requirements of this chapter.
(D) The building sewer shall be of:
(1) Polyvinyl Chloride Pipe (PVC): SDR 26.
(2) Other suitable material approved by the Town of Kouts.
(E) If a building sewer is laid within ten feet horizontally of a water service pipe, the water main shall be in a separate trench or on an undisturbed earth shelf on one side of the sewer and 18-inches clear above the sewer. If the horizontal or vertical separations cannot be met, both the water main and the sewer shall be constructed of slip-on or mechanical joint pipe complying with public water supply standards and pressure tested to 150 psi before backfilling.
(F) The size and slope of the building sewers shall be subject to the approval of the town engineer or his or her designee, but in no event shall the diameter be less than six inches. The slope of such six-inch pipe shall not be less than 1/8-inch per foot.
(G) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall. The depth shall be sufficient to afford protection from frost but in no event shall it be less than 42 inches. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with proper curved pipes and fittings.
(H) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drains shall be lifted by a means approved by the town in writing and discharged to the building sewer.
(I) All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Inspector. Pipe laying and backfill shall be performed in accordance with Occupational Safety and Health Administration (OSHA) requirements except that no backfill shall be placed until the work has been inspected by the town.
All joints and connections shall be made gas tight and water tight.
(J) All joints in cast iron soil pipe, vitrified clay pipe and PVC pipe or between such pipe and metals shall be made with approved jointing material in accordance with the latest edition of Volume III, Plumbing Rules and Regulations of the Administrative Building Council of the State of Indiana. Other jointing materials and methods may be used only by approval of the town.
(K) The connection of the building sewer into the public sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and a properly located “Y” branch is not available, the owner shall, at his or her expense, install a “Y” branch in the public sewer at the location specified by the town. Where the public sewer is greater than 12 inches in diameter, and no properly located “Y” branch is available, a neat hole may be cut in the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45 degrees. A 45 degree elbow may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be made at the top one-quarter of the public sewer. A smooth, neat joint shall be made, and the connection made secure and water tight by resilient gaskets, epoxy cements or encasement in concrete. Special fittings may be used for the connection only when approved by the town. The final connection must be inspected and approved by the town.
(L) No person shall make connection of roof downspouts, basement drains, sump pumps, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(M) The connection of a building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the American Society of Testing Materials and the Water Pollution Control Federation Manual of Practice No. MOP9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved in writing by the town before installation.
(N) The applicant for the building sewer permit shall notify the town when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the town. Prior to all excavation on public property, the town must be notified at least 48 hours in advance and provided with a listing of the hours of closure, if any.
(O) All excavations for building sewer installation shall be adequately guarded with signs, barricades, lights and flag person as needed so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town. All signs, barricades and lights shall be in good condition and conform to the Indiana Manual on Uniform Traffic Control Devices.
(P) Before the town accepts any sewers, new or otherwise, into the POTW, certified air pressure tests, certified infiltration tests and a complete, clear videotape (VHS), or CD must be provided to and accepted by the town.
(Q) It shall be unlawful for any person to place, deposit, permit to be deposited, or discharged in any manner whatsoever, any substance into a sewer at a point different than the proposed sewer connection to the sanitary sewer system.
(Ord. 2008-2, passed 3-17-08)
(A) Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established for each user class, as defined, in order that the sewage works shall recover, from each user and user class, revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges shall be uniform in magnitude within a user class.
(B) (a) User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17,1984 (40 CFR 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment.
(C) The various classes of users of the treatment works for the purpose of this chapter, shall be as follows:
(1) Class I Residential
(2) Class II Commercial
Governmental
Institutional
Industrial
(Ord. 2008-2, passed 3-17-08; Am. Ord. 2017-3, passed 8-21-17)
(A) For the use of the service rendered by the sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate, or building that is connected with the town's sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the town.
(B) Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided and shall be in an amount determined as follows:
(1) General. The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a billing and collection charge per bill except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined as is set forth in the remaining subsections of this division.
(2) All Class I and Class II connections. A service connection charge (tap-in fee) shall be paid before any sewer connection is completed. Before such connection is made, a permit must be secured and 24 hours' notice given to the town. All such connections shall be made and all such work done at the expense of the applicant who shall also furnish materials necessary for such work. All such connections shall be made under the supervision of the Town and no connection shall be covered until the work has been inspected. Applications for such connections shall be made to the town, and the permit fee paid. Such fee shall be that which is set from time to time by the Board.
(3) All Class I and Class II users.
Metered rates per month per 1,000 gallons
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Effective upon adoption | Effective June 1, 2018 | Effective June 1, 2019 | ||
Metered rates per month per 1,000 gallons
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Effective upon adoption | Effective June 1, 2018 | Effective June 1, 2019 | ||
Operation, maintenance, and replacement rate per 1,000 gallons | $4.31 | $5.62 | $6.93 | |
Local capital charge rates per 1,000 gallons | ||||
First 4,600 gallons | $5.67 | $7.39 | $9.12 | |
Next 5,400 gallons | $4.96 | $6.47 | $7.97 | |
Next 40,000 gallons | $3.89 | $5.07 | $6.26 | |
Over 50,000 gallons | $2.13 | $2.78 | $3.42 | |
Billing and collection charge per bill | $3.39 | $4.42 | $5.45 | |
Minimum monthly charges | ||||
Meter Size | Water Allowance (Gallons) | |||
5/8" - 3/4" | 2,000 | $23.35 | $30.44 | $37.55 |
1" | 5,000 | $53.01 | $69.11 | $85.24 |
1-1/2" | 10,000 | $99.36 | $129.56 | $159.74 |
2" | 16,000 | $148.56 | $193.70 | $238.88 |
3" | 30,000 | $263.36 | $343.36 | $423.56 |
4" | 50,000 | $427.36 | $557.16 | $687.34 |
6" | 100,000 | $749.36 | $977.16 | $1,204.84 |
Unmetered | N/a | $49.32 | $64.31 | $79.30 |
** Each user shall pay a minimum charge according to the above meter size for which the user will be entitled to the quantity of water shown for each month. | ||||
(4) Unmetered rate per month. In all cases in which users of said sewage system are not supplied with water from the municipal waterworks system or such usage is not metered, the charge for the use of the sewage system shall be charged the unmetered minimum monthly charge ($49.32 effective upon adoption, $64.31 effective June 1, 2018, $79.30 effective June 1, 2019).
(5) Town rates and charges. For the service rendered to the town, said town shall be subject to the same rates and charges.
(6) Monitoring fees. In order to recover the cost of monitoring industrial wastes, the town shall charge the user not less than $100 per sampling event plus the actual cost for collecting and analyzing the sample(s) as determined by the town or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this chapter.
(7) Meter maintenance. In the even the user is connected to the sanitary sewer but has private well water, the user shall be responsible for all maintenance costs including labor and parts.
(Ord. 2008-2, passed 3-17-08; Am. Ord. 2014-4, passed 7-21-14; Am. Ord. 2017-3, passed 8-21-17)
The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the town shall be determined by the town in such manner as the town shall reasonably elect, and the sewage service shall be billed at the above appropriate rates; except as hereinafter provided in this section, the town may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the town that such quantities do not enter the sanitary sewage system.
(A) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the town's sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the town, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town. In order to ascertain the rate or charge provided in this chapter, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
(B) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the town's sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the town, and in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town. In order to ascertain the rates or charges, the owner or other interested parties shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
(C) In the event two or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water or other liquids into the town's sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels or real estate or buildings served through the single water meter.
(D) In the event two or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging sanitary sewage, water or other liquids into the town's sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out elsewhere herein, except that a minimum charge shall be billed monthly per dwelling unit served through the single water meter ($23.35 effective upon adoption, $30.44 effective June 1, 2018, $37.55 effective June 1,2019). In the case of mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through the meter. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided.
(E) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the town's sanitary sewage system, either directly or indirectly, and uses water in excess of 10,000 gallons per month, and it can be shown to the satisfaction of the town that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
(Ord. 2008-2, passed 3-17-08; Am. Ord. 2017-1, passed 1-16-17; Am. Ord. 2017-3, passed 8-21-17)
In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the town shall base its charges not only on the volume, but also on strength and character of the stronger-than-normal domestic sewage and wastes which it is required to treat and dispose of. The town shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such method and at such times as the town may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper change. The user shall furnish a central sampling point available to the town at all times.
(A) Normal sewage domestic waste strength should not exceed a suspended solids in excess of 150 milligrams per liter of fluid, biochemical oxygen demand in excess of 150 milligrams per liter of fluid, or ammonia in excess of 20 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis.
(1) Rate surcharge based upon suspended solids.
(a) Effective upon adoption, there shall be an additional charge of $0.68 per pound of suspended solids for suspended solids received in excess of 150 milligrams per liter of fluid.
(b) Effective June 1, 2018, there shall be an additional charge of $0.89 per pound of suspended solids for suspended solids received in excess of 150 milligrams per liter of fluid.
(c) Effective June 1, 2019, there shall be an additional charge of $1.09 per pound of suspended solids for suspended solids received in excess of 150 milligrams per liter of fluid.
(2) Rate surcharge based upon BOD.
(a) Effective upon adoption, there shall be an additional charge of $0.68 per pound of biochemical oxygen demand for BOD received in excess of 150 milligrams per liter of fluid.
(b) Effective June 1, 2018, there shall be an additional charge of $0.89 per pound of biochemical oxygen demand for BOD received in excess of 150 milligrams per liter of fluid.
(c) Effective June 1, 2019, there shall be an additional charge of $1.09 per pound of biochemical oxygen demand for BOD received in excess of 150 milligrams per liter of fluid.
(3) Rate surcharge based upon ammonia.
(a) Effective upon adoption, there shall be an additional charge of $1.68 per pound of ammonia for ammonia received in excess of 20 milligrams per liter of fluid.
(b) Effective June 1, 2018, there shall be an additional charge of $2.19 per pound of ammonia received in excess of 20 milligrams per liter of fluid.
(c) Effective June 1, 2019, there shall be an additional charge of $2.70 per pound of ammonia received in excess of 20 milligrams per liter of fluid.
(B) The determination of suspended solids, biochemical oxygen demand and ammonia contained in the waste shall be in accordance with the latest copy of “Standard Methods for the Elimination of Water, Sewage and Industrial Wastes,” as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 CFR Part 136.
(Ord. 2008-2, passed 3-17-08; Am. Ord. 2017-3, passed 8-21-17)
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