§ 1040.03 RATES LEVIED AND ASSESSED; SENIOR CITIZENS; HANDICAPPED PERSONS.
   For the purpose provided in § 1040.02, there is hereby levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewerage system of the City, or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly, into the City sanitary sewerage system, a sewerage service charge or rental payable as provided in this chapter, and in an amount determinable as follows:
   (a)   For any lot, parcel of land, building or premises situated within the corporate limits of the City and having any connection with or access to the City sanitary sewerage system or otherwise discharging sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the City sanitary sewerage system, the charge or rental shall be based upon the quantity of water used thereon or therein as the same is measured by the City water meter there in use as follows:
Cubic Feet
Minimum rate including the first 300 cubic feet - $21.93
Rate (per 100 cubic feet)
Effective 1-1-2021
Next 300
$7.02
Next 300
$6.50
Next 700
$5.96
Next 1,700
$5.49
Next 13,300
$4.77
Next 150,000
$4.17
Next 1,500,000
$3.47
Over 1,666,500
$1.94
 
   (b)   (1)   For any lot, parcel of land, building or premises situated outside the corporate limits of the City and having any connection with the City sanitary sewerage system or otherwise discharging sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the City sanitary sewerage system, the charge will be based upon the quantity of water used thereon or therein as the same is measured by a water meter there in use, which meter shall be subject to the approval of the Director of Public Works and Utilities, and there shall be charged for such service a rate calculated at 150% of the rates applicable within the City.
      (2)   However, any lot, parcel of land, building or premises served either within or without the corporate limits may, at the owner's expense, be serviced by the installation of a separate meter for the metering of water not to be discharged either directly or indirectly into the City sanitary sewerage system, and no charge or rental for the service provided for in this chapter shall be made on the amount of water measured by such separate meter. Such installation shall be supervised and approved by the Director.
   (c)   (1)   In the event a lot, parcel of land, building or premises discharging sanitary sewage, industrial wastes, water or other liquids into the City sanitary sewerage system, either directly or indirectly, is not a user of water supplied by the Division of Water Distribution of the City and the water used thereon or therein is not measured by a City water meter or by a meter acceptable to the Director, then in each such case the amount of water so used shall be otherwise measured or determined by the Director in order to determine the sewer service charge or rental provided in this chapter, or the owner or other interested party, at his or her expense, may install and maintain a meter acceptable to the Director for this purpose.
      (2)   The rates set forth in division (a) hereof shall apply and shall be determined by the amount measured by such meter.
   (d)   In case a lot, parcel of land, building or premises discharges industrial wastes, either directly or indirectly, into the City sanitary sewerage system, and the Director of Public Works and Utilities finds that it is not practical to attempt to measure such wastes by meter, then such wastes shall be measured or determined in such manner and by such method as he or she may direct in the light of the conditions and attendant circumstances of the case, in order to determine the sewer charge or rental, according to the corresponding rates per 1,000 or per 100 cubic feet provided in this chapter.
   (e)   The sewer service charge or rental provided in this chapter shall be payable as provided in § 1040.04.
   (f)   For wastes in excess of normal sewage, a surcharge of two hundred forty-six dollars and fifty-two cents ($246.52) per ton of 2,000 pounds for suspended solids, plus one hundred eleven dollars and forty-six cents ($111.46) per ton of 2,000 pounds for biochemical oxygen demand (B.O.D.), is assessed and applied, provided, however, that for any lot, parcel of land, building or premises outside the corporate limits of the City, such surcharge shall be 150% of such amounts.
   (g)   For any lot, parcel of land, building or premises having any connection with the City sanitary sewerage system, or otherwise proposing to discharge industrial process water into the City sanitary sewerage system, or a part thereof, for transportation away from the premises so connected, and where such process water is not destined for treatment by the City, the City may enter into a separate contract for a rate of payment fair and equitable for such service.
   (h)   (1)   Notwithstanding the provisions of divisions (a) through (g) hereof, there is hereby established the following sewerage service rate for senior citizens:
Cubic Feet
Minimum rate including the first 300 cubic feet - $10.96
Rate (per 100 cubic feet)
Effective 1-1-2021
Next 300
$7.02
Next 300
$6.50
Next 700
$5.96
Next 1,700
$5.49
Next 13,300
$4.77
Next 150,000
$4.17
Next 1,500,000
$3.47
Over 1,666,500
$1.94
 
Rates per month for non-City senior citizen residents: One and one-half times the rates applicable within the City.
      (2)   In order to qualify for the above rates, the customer must:
         A.   Be certified by the City, or by an agency designated by it, as being sixty- five years of age or older;
         B.   Be the one legally responsible for payment of the charge;
         C.   Water service is for a single residential unit with no income being derived from rental income at the service address; and
         D.   Apply in writing for such rate with the Director of Public Works and Utilities and show proof, as such Director requires, that the total income from all sources, including payments from governments, for the consumer and all other persons residing in the consumer's residence, meets the 50% income limit for one person under the income limits documentation system established by the United States Department of Housing and Urban Development for Butler County.
      (3)   Such rate shall apply only to the permanent residence of the customer.
   (i)   (1)   One hundred percent disabled persons qualify for reduced sewer rates as provided in division (h) hereof by meeting the following criteria:
         A.   The customer must be certified by the City, or by an agency designated by it, as being a person who has been determined to be under a disability for purposes of receiving either supplemental security income or disability insurance benefits under the Federal Social Security Act, or has been certified totally 100% disabled by a public employee retirement plan or system or the United States Government;
         B.   The customer must be the person legally responsible for payment of the fee;
         C.   The customer must receive water service by means of a single meter for residential use;
         D.   Apply in writing for such rate with the Director of Public Works and Utilities and show proof, as such Director requires, that the total income from all sources, including payments from governments, for the consumer and all other persons residing in the consumer's residence, meets the 50% income limit for one person under the income limits documentation system established by the United States Department of Housing and Urban Development for Butler County.
      (2)   Such reduced rates shall apply only to the permanent residence of the customer.
   (j)   Where the billing for sewer service represents sewer service furnished during a period of time both prior and subsequent to the effective date of the rates adopted herein, the service charge shall be prorated among the applicable rates on a time basis. The Finance Director shall reasonably designate the manner and mode of such proration.
   (k)   Surcharge.
      (1)   Effective October 15, 2015, there is hereby levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewerage system of the City or otherwise discharging sewage, industrial wastes, water or other liquids, either directly or indirectly, into the City sanitary sewerage system, or to any other person or entity paying service charges or rental payments (hereinafter collectively referred to as "base sewer rates") to the City in compliance with this section, a surcharge equal to 10% of the base sewer rates, which shall be known as the "sewer infrastructure surcharge. Base sewer rates shall not include any surcharge amount assessed and applied in accordance with division (f) of this section.
      (2)   The sewer infrastructure surcharge shall be in addition to all other sewer rates imposed by this section, and shall be payable in the same manner, at the same time and in accordance with the same conditions as the base sewer rates (set forth in § 1040.04). Any reference to "sewer rates" or "total sewer rates" in this division (k) shall include both the base sewer rates and the sewer infrastructure surcharge.
      (3)   Notwithstanding the requirements of § 1040.07, the monies collected as the sewer infrastructure surcharge shall be maintained in a separate account from the Sanitary Sewer Fund and shall be applied to capital expenses for infrastructure improvements to the City sewerage system. Nothing in division (k)(2) is intended to limit expenditures for capital expenditures or infrastructure improvements to the City sewerage system from any other fund, account or source of revenue which is otherwise legally permissible.
      (4)   City Council determines that the sewer infrastructure surcharge is necessary to address the present infrastructure needs of the City sewerage system and prepare the system for future upgrades to meet the applicable environmental standards.
(Ord. 2000-102, passed 9-5-2000; Am. Ord. 2002-78, passed 7-2-2002; Am. Ord. O2005-84, passed 9-20-2005; Am. Ord. O2005-108, passed 11-1-2005; Am. Ord. O2007-25, passed 3-20-2007; Am. Ord. O2010-64, passed 10-5-2010; Am. Ord. O2013-66, passed 11-19-2013; Am. Ord. O2015-47, passed 9-15-2015; Am. Ord. O2016-59, passed 11-15-2016; Am. Ord. O2017-51, passed 11-21-2017; Am. Ord. O2018-88, passed 1-8-2019; Am. Ord. O2019-78, passed 11-19-2019; Am. Ord. O2020-67, passed 11-17-2020)