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13.12.170   Maximum charge.
   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)
13.12.180   Additional costs for discharge of pollutants.
   Any user which discharges any toxic pollutants which cause an increase in operation, maintenance and replacement costs shall pay for such increased costs. (Ord. 311 § 15, 1982)
13.12.190   Surcharge schedule.
   A.   Every user who discharges sanitary sewage, industrial wastes, water or other liquids other than normal sewage shall be charged and pay a surcharge in addition to the charge for normal sewage.
   B.   The following surcharge schedule, which includes a portion designated as the user charge, will be implemented. The user charge portion is to be for the payment of the costs of operation and maintenance (including replacement) of the wastewater collection and treatment system. Charges shall be based on one hundred percent of metered water use in accordance with the following formula:
   Effective July 1, 2017
   s =   00834 [$0.48 (Vs)(BOD - 200) + $0.48 (Vs)(SS - 200)]
   Where:
      S =    $0.95 per lb.
      S =    Surcharge in dollars monthly
      Vs =    Sewage volume in thousand gallons per month
      .00834 =   Conversion factor for pounds per thousand gallons
      $0.48 =   Unit charge for BOD in dollars per pound, of which $0.43 represents the user charge portion and $0.05 represents capital charges
      BOD-    Five days strength index in milligrams per liter by weight.
      200 =   Allowed BOD and SS strengths in milligrams per liter by weight
      $0.48 =   Unit charge for suspended solids in dollars per pound, of which $0.43 represents the user charge portion and $0.05 represents capital charges.
      SS =   Suspended solids strength index in milligrams per liter by weight
   The following new charges become effective on July 1, 2018
   s = 00834 [$0.54 (Vs)(BOD - 200) + $0.54 (Vs)(SS - 200)]
   Where:
      S =    $1.09 per lb.
      S =   Surcharge in dollars monthly
      Vs =   Sewage volume in thousand gallons per month
      .00834 =   Conversion factor for pounds per thousand gallons
      $0.54 =   Unit charge for BOD in dollars per pound, of which $0.49 represents the user charge portion and $0.05 represents capital charges
      BOD-   Five days strength index in milligrams per liter by weight.
      200 =   Allowed BOD and SS strengths in milligrams per liter by weight
      $0.54 =   Unit charge for suspended solids in dollars per pound, of which $0.49 represents the user charge portion and $0.05 represents capital charges.
      SS =   Suspended solids strength index in milligrams per liter by weight
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. 311 §§ 12, 13, 1982)
13.12.200   User charge—Reviewed.
   A.   The user charge portion of the rate structure will be reviewed at least biannually to accomplish the following:
      1.   Ensure that the extant user charge rate is adequate to cover operation, maintenance and replacement costs;
      2.   Ensure that operation, maintenance, and replacement costs are being distributed proportionally among users and user classes.
   B.   The city shall notify each user annually in conjunction with a regular bill of the rate and that part of the user charge attributable to wastewater treatment services. (Ord. 311 §§ 14. 16, 1982)
13.12.210   Billing—Delinquency.
   Bills for the service charges for the use of the wastewater collection and treatment system by a premises shall be rendered to the person or legal entity designated by the owner, his agent, tenant or occupant to receive the water bill. The bills for the service charges for use of the wastewater collection and treatment system shall be rendered monthly and the due date to pay such bills shall be the same as the date for the water bill rendered to the name and address designated for such premises. When any wastewater service bill is ten days in default, rendition of water service to such premises shall be discontinued until such bill is paid following due notice and opportunity for hearing. (Ord. 311 § 17, 1982)
13.12.220   Rate increases.
   The rates shall never be reduced below an amount sufficient to provide for the operation and maintenance of the sewer system and for the payment of the principal of and interest on existing bonds, and shall, when necessary, be increased to provide for such operation and maintenance and for the payment of the principal of and interest on existing bonds. (Ord. 311 § 18, 1982)
13.12.230   All services to be charged for.
   None of the facilities or services afforded by the sewer system shall be furnished without a charge being made therefor. In the event the city or any department, agency, or instrumentality thereof shall avail itself of any of the facilities or services so afforded, the reasonable value thereof shall be charged against the city, or such department, agency or instrumentality, and shall be paid for as the charges therefor accrue. The revenues so received from the city shall be deemed to be revenues from the operation of sewer system, and shall be used and accounted for in the same manner as any other revenues derived from its operation; provided, however, that nothing in this section shall be construed as requiring the city, or any department, agency, or instrumentality thereof to avail itself of the facilities or services afforded by the sewer system. (Ord. 311 § 19, 1982)
13.12.240   Violation—Penalty.
   A.   A person who continues discharging wastewater in violation of this article is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than two hundred dollars for each violation and for each day of violation.
   B.   In addition to proceeding under authority of subsection A of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges. (Ord. 311 § 20, 1982)
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