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Article III.
Sewer Rates
Sewer Rates
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
"BOD" (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at twenty degrees Celsius expressed in milligrams per liter.
"Capital charge" means that portion of the total waste water service charge which is levied for local capital costs, local investment in plant facilities and other local costs excluding operation, maintenance and replacement costs.
"City" means the city of Lovington.
"Commercial customers" means those customers which have three or more living units served by a single water meter, or which have one or more businesses served by a single water meter.
"Industrial customer" means any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of twenty-five thousand gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under divisions A, B, D, E, I. Any nongovernmental user which discharges wastewater which contains toxic pollutants, poisonous solids, liquids or gases in sufficient quantities to contaminate the sludge, injure or interfere with the treatment system process, or which constitutes a hazard to humans or animals, creates a public nuisance, creates a hazard or has an adverse effect on the receiving waters.
"Infiltration/inflow" means the total quantity of water other than wastewater from both infiltration and inflow without distinguishing the source from defective pipes, pipe joints, connections, manholes, roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy area, cross connections, catch basins, cooling towers, stormwaters, surface runoffs, street wash waters, or drainage.
"Living unit" means a residential unit providing complete, independent, living facilities for one family, including permanent provisions for living, sleeping, cooking, eating and sanitation.
"Municipality" means (1) a city, town, borough, county, parish, district, association or other public body (including an intermunicipal agency of two or more of the foregoing entities) created under state law having jurisdiction over disposal of sewage, industrial waste, or other waste; (2) a special district such as water, sewer, sanitary, utility, drainage or similar entity whose principal responsibility is the treatment, transport, or disposal of liquid waste of the general public in a particular geographic area.
"Normal sewage" means sewage which, when analyzed, shows by weight a daily average of not more than two hundred milligrams per liter of BOD and not more than two hundred milligrams per liter of TSS, and which is otherwise acceptable into the city's sanitary sewerage system.
"Residential customers" means those customers which have no more than two living units served by a single water meter.
"Surcharge" means a charge added to the normal user charge when the BOD, TSS, or
other pollutant concentration from a user exceeds the range of concentration of these pollutants in normal domestic sewage.
"Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
"User charge" means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment and collection system.
"Wastewater treatment system" means (1) the transport of wastewaters from individual homes or buildings to a plant or facility where treatment of the wastewater is accomplished; (2) to remove pollutants, dispose, recycle, or reuse the treated wastewaters and residues which result from the treatment process, and can include one or more connected or integrated treatment plants. (Ord. 311 § 1, 1982)
This article shall take precedence over any terms or conditions of agreements or contracts between the city and the users, including, commercial, industrial, special districts, other municipalities, or federal agencies or installations which are inconsistent with this article. (Ord. 311 § 2, 1982)
The city will apply charges for operation and maintenance pertaining to extraneous flows (i.e., infiltration/inflow) in the same manner that it distributes the cost of operation and maintenance among users or user classes for their actual use. (Ord. 311 § 3, 1982)
A. There is levied on all persons, firms, corporations, organizations, political units and political subdivisions and all other entities using the wastewater collection and treatment system of the city, a schedule of charges as provided in this section.
B. Users connected to and served by the sewer system of the city shall be classified as either domestic, industrial or commercial.
C. The following schedule of charges, which include a portion designated as the user charge, used for payment of costs of operation and maintenance, and replacement, of the wastewater collection and treatment system, shall be amended as follows:
D. The following rates are effective July 1, 2017.
Residential use rates:
Usage | 7/1/2017 | 7/1/2018 |
1st 3,000 gallons (monthly minimum) | $13.37 | $15.26 |
Over 3,000 gallons (for each 1,000 gallons or part thereof) | $0.91 | $1.04 |
Commercial use rates:
Usage | 7/1/2017 | 7/1/2018 |
1st 5,000 gallons (monthly minimum) | $20.65 | $23.57 |
Over 5,000 gallons (for each 1,000 gallons or part thereof) | $0.91 | $1.04 |
Beginning July 1, 2019, a 2% cost for service increase shall be effective automatically each July 1st unless rescinded by the Lovington City Commission sixty (60) calendar days prior.
(Ord. 553, 2017: Ord. 484, 2007: Ord. 472, 2006: Ord. 442 (part), 2002; Ord. 427 (part), 2000; Ord. 421, 1999; Ord. 408 (part), 1997; Ord. 311 §§ 5—10, 1982)
The charge for fifty thousand gallons per month shall be the maximum charge for water consumed and returned to the sanitary sewer system by residential users, public schools and the courthouse; all such water received from residential users, public schools and the courthouse in excess of fifty thousand gallons per month shall be received without charge; and, upon satisfactory showing by a commercial user that the water consumed by the user in excess of fifty thousand gallons per month does not reach the sanitary sewer system of the city, no fee shall be charged for all such water received in excess of fifty thousand gallons per month and shown to the satisfaction of the city not to reach the sanitary sewer system of the city; provided, however, that no reduction shall be allowed to any commercial user whose water consumption is less than an average of fifty thousand gallons per month. (Ord. 320, 1983: Ord. 3 11 § II, 1982)
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