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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)
(A) The rates and charges shall be prepared, billed and collected by the town in the manner provided by law and ordinance.
(B) The rates and charges for all users shall be prepared and billed monthly. Annually, each user shall be notified of the rates charged for operation, maintenance and replacement for that user during the next year in conjunction with a regular bill.
(C) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners or properties served, which are occupied by a tenant or tenants shall have the right to examine the collection records of the town for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.
(D) As is provided by statute, all rates and charges not paid by the fifteenth day of the month following receipt are declared to be delinquent and a penalty of 10% of the amount of the rates and charges shall thereupon attach thereto. Collection procedures and court action may be initiated and all delinquent bills remaining unpaid over 30 days after the due date regardless of the assertion of a lien therefor.
(E) Any delinquency and penalty shall constitute a lien upon the real estate for which such services apply, and the Clerk-Treasurer shall be and is authorized to file a notice of lien showing such delinquencies in the office of the Recorder of Porter County, Indiana. Nothing in this section mandates or directs liens to be perfected in any particular case. All liens duly perfected may be enforced by foreclosure pursuant to law, the town reserving all rights thereunder and as amended.
(Ord. 2008-2, passed 3-17-08)
(A) The town shall make and enforce such by-laws and regulations as may be deemed necessary for the safe, economical and efficient management of the town’s sewage system, pumping stations and sewage treatment works for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system and for the regulation, collection and rebating and refunding of such rates and charges.
(B) The town is authorized to prohibit dumping of waste into the town’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the town or to require methods affecting pretreatment of said wastes to comply with the pretreatment of standards included in the National Pollutant Discharge Elimination System (NPDES) permit issued to the sewage works or as contained in the EPA General Pretreatment Regulations, 40 CFR Part 403 and any amendments thereto or the town’s Pretreatment Program Plan.
(Ord. 2008-2, passed 3-17-08)
The rules and regulations promulgated by the town, after approval by the Council shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the administrator of the sewage system and user charge system to the Council and that any decision concerning the sewage system or user charges of the Council may be appealed to the circuit court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act.
(Ord. 2008-2, passed 3-17-08)
The Council is further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined, and such reduction shall be limited to such reduced costs.
(Ord. 2008-2, passed 3-17-08)
The Council shall not grant service or use of the sewage treatment system to any person, group or entity without compensation. It is not necessary for an area or parcel of real estate to be annexed to the town to receive sewage treatment.
(Ord. 2008-2, passed 3-17-08)
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