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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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