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(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pre-treatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Plant Superintendent a report which contains the information listed in division (A)(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Plant Superintendent a report which contains, the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below:
(a) Identifying information. The name and address of the facility, including the name of the operator and owner;
(b) Environmental permits. A list of any environmental control permits held by or for the facility;
(c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operations carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(d) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e);
(e) Measurement of pollutants.
1. The categorical pre-treatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Plant Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR;
(f) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 51.062 of this chapter;
(h) Signature and certification. All baseline monitoring reports must be signed and certified by an authorized representative in accordance with § 51.002 of this chapter.
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 51.085(A)(2)(g) of this chapter.
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the Plant Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress reports to the Plant Superintendent.
(C) Reports on compliance with categorical pretreatment standard deadlines.
(1) Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Plant Superintendent a report containing the information described in § 51.085(G) of this chapter. For users subject to equivalent mass or concentration, limits established in accordance with the procedures in 40 CFR 403.6(c)1. this report shall contain a reasonable measure of the user's long-term production rate.
(2) For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified by an authorized representative as defined in § 51.002 of this chapter.
(D) Periodic compliance reports.
(1) All significant industrial users shall, at a frequency determined by the Plant Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified by an authorized representative as defined in § 51.002 of this chapter.
(2) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that the sample results are unrepresentative of its discharge.
(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Plant Superintendent, the results of this monitoring shall be included in the report.
(E) Reports of changed conditions. Each user must notify the Plant Superintendent of any planned significant changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater at least ten days before the change.
(1) The Plant Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application as required by this chapter.
(2) The Plant Superintendent may issue a wastewater discharge permit under Section 51.084 of this chapter or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.
(F) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Plant Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within five days following such discharge, the user shall, unless waived by the Plant Superintendent, submit a detailed written report describing the causes of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person, or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(G) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Plant Superintendent as he/she may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Plant Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Plant Superintendent within 30 days after becoming aware of the violation. The user is not required to resample if the Plant Superintendent monitors at the user's facility at least once a month, or if the Plant Superintendent samples between the user's initial sampling and when the user receives the results of this sampling.
(I) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and EGLE, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (I)(1) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 51.085(E) of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pre-treatment standards under the self-monitoring requirements required by wastewater discharge permits.
(2) Dischargers are exempt from the requirements of § 51.085(I)(1), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Plant Superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(K) Sample collection.
(1) Except as indicated in § 51.085(K)(2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Plant Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, PFAS, and volatile organic compounds must be obtained using grab collection techniques.
(L) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(M) Record keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, including documentation associated with best management practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the Plant Superintendent.
(Ord. 1074, passed 9-27-21)
Significant noncompliance. The Plant Superintendent will provide at least annual public notification, in the area's largest newspaper, a list of significant industrial or non- domestic users which, during the previous 12 months, were in significant noncompliance of applicable pretreatment standards or other pre-treatment requirements and violations of this chapter. A SIGNIFICANT NONCOMPLIANCE is a violation which meets one or more of the following criteria:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter;
(B) TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. The TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH;
(C) Any other discharge violation that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of city personnel or the general public;
(D) Any discharge of a pollutant that has caused imminent the public or to the environment or has resulted in the Plant Superintendent to the exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide, within 30 days after the due date, any required reports such as baseline monitoring reports, compliance monitoring reports, periodic self-monitoring reports, other reports as requested, and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violations which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)
(A) All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspection shall be available to the public without restriction, unless the user specifically requests the information be classified confidential on the basis of proprietary processes. When information is classified confidential, the WRRF Superintendent shall provide proper and adequate facilities and procedures to safeguard the confidentiality of manufacturing proprietary processes, except that confidentiality shall not extend to waste products discharged to the waters of the state.
(B) All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21) Penalty, see § 51.999
(A) The city may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city, to meet the provisions of this section or to protect the treatment system from threatened discharge that would jeopardize water quality standards, possibly damage the sewerage system, or cause a nuisance or unsafe condition.
(B) Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his or her permit revoked:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.
(C) Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such a person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)
No user shall by-pass pretreatment processes, anticipated or unanticipated, without prior notification and approval of the manager. Such by-pass is prohibited unless unavoidable or justifiable.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21) Penalty, see § 51.999
(A) Upset.
(1) For the purposes of this section, UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An UPSET does not include noncompliance to the extent causes by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (A)(3) below, are met;
(3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(c) The user has submitted the following information to the Superintendent within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power to the treatment facility is reduced, lost, or fails.
(B) Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions or the specific prohibitions in § 51.062 of this chapter if it can provide that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(C) Bypass.
(1) For the purposes of this section:
(a) BYPASS means the intentional diversion of wastestreams from any portion of the user's treatment facility.
(b) SEVERE PROPERTY DAMAGE means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is essential maintenance to assure efficient operation. These bypasses are not subject to the provision of division (C)(3) or (4) of this section.
(3) Bypass notifications.
(a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent, at least ten days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
(4) Bypass.
(a) Bypass is prohibited, and the Superintendent may take an enforcement action against a user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtown. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtown or preventative maintenance; and
3. The user submitted notices as required under division (C)(3) of this section.
(b) The Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Superintendent determines that it will meet the three conditions listed in division (C)(4)(a) of this section.
(Ord. 1074, passed 9-27-21)
RATES AND CHARGES
(A) It is recognized that use of the system requires payment of costs of providing the services of the system. Such costs include not only the day- to-day operation and maintenance costs, but also the costs incurred to construct and install the system components, the cost to undertake reasonably foreseeable repairs and replacement, the costs to treat wastes of extra strength or volume, and the like. When the system components were designed and constructed, they necessarily needed to be sized to accommodate all foreseeable possible usage of the system from a premises so the system is available to accommodate such reasonably foreseeable usage. Accordingly, certain charges are imposed regardless of actual usage, while other charges recognize that those who actually make more use of the system should pay more.
(B) Rates, fees and charges for connection to and use of the system shall be in amounts established from time to time by resolution of the City Commission, based on the following:
(1) All users within the city shall pay user rates and charges based on the cost of providing sanitary sewer service in accordance with the following:
(a) A service charge based on water meter size for each meter on the premises. The service charge shall be the minimum charge to a user, regardless of actual water or sanitary sewer use.
(b) Except as otherwise provided in division (G), a consumption charge per cubic gallon of water used from the city water system. This volume or commodity charge shall be in addition to the service charge.
(c) If a system user is not connected to the city water system, the City Commission shall establish by resolution a flat rate commodity charge, based on a table of unit factors, upon the size of the water meter that would be installed if city water service was provided to the premises or using another methodology that, at the City Commission's discretion, provides a reasonable basis to roughly approximate the amount of water and, consequently, sanitary sewer usage for the premises.
(2) A debt service charge shall be paid by all users of the system for the purpose of generating revenues for retirement of bonds issued after January 1, 2000, for the construction of system improvements. Such debt service charge may be calculated on the same basis as and added to either the service charge provided in division (B)(1)(a) of this section, or the consumption charge provided for in division (B)(1)(b) of this section, or as part of both such charges.
(3) For any premises not currently metered, there shall be a meter charge to defray the cost of the meter and its installation, which shall be the current charge established under the water ordinance provisions of the city code.
(4) A connection fee or fees shall be levied for all connections to the sewer system. Such fees shall be based upon the table of equivalent units to be established from time to time by resolution of the City Commission. Services shall be inspected to insure acceptable connection to the public system. This inspection shall include, but not be limited to, the following:
(a) Direct connection. Direct connections are those which are made to an existing public sanitary sewer. (Refer to § 51.042(J).)
1. Tap to main sewer.
2. Service line materials and installation.
3. Connection of service line within right-of-way to service line on private property.
(b) Indirect connection. The connection of service line within right-of-way to service line on private property shall be inspected. Indirect connections are those which are made to an existing service lead, which meets all chapter requirements.
(5) If the character of the sewage of any user imposes an unreasonable additional burden upon the sewage disposal and transmission system of the city, then an additional charge shall be made. Effluent in excess of the maximum limitations imposed by this chapter shall be deemed prima facie subject to surcharge. If necessary to protect the system or any part thereof, the city shall deny the right of any user to empty such sewage into the system. Surcharges required by this section shall be computed as a percentage of the annual cost of operation and maintenance, including replacement, multiplied by the ratio of weight of surchargeable excess of the discharged substance to the total weight of such substance that is treated in that year. This amount shall be collected, on the basis of estimated surchargeable amounts, with each periodic billing and shall be adjusted annually to reflect actual operation, maintenance and replacement costs. Surcharge rates shall be established by resolution of the Commission, and the amount necessity of surcharge may be appealed by the user to the Sanitary Sewer Board of Appeals hereinafter established.
(6) In addition to all other charges, individual users affected by the pretreatment requirements of this chapter may be assessed charges for recovery of cost incurred by the city for the following:
(a) A proportionate share of the cost to establish and administer the pretreatment program.
(b) Fees to cover the cost of preparing and reviewing wastewater contribution permits.
(c) The cost of inspecting construction of individual pretreatment facilities.
(d) The cost to monitor compliance with provisions of the wastewater contribution permit, including sampling, testing and analysis of the individual discharge, inspections of a user's monitoring and pretreatment facilities, inspections or sampling for users with a grease interceptor permit, review of response submitted by the user, and any other surveillance activities.
(e) The cost of reviewing and inspecting spill containment and accidental discharge procedures and facilities.
(f) Fees for the consistent removal of a pollutant (by the city) which is otherwise subject to federal categorical pretreatment standards.
(g) Other charges as may be necessary to carry out the pretreatment requirements of the chapter.
(7) Nothing in this section shall be construed as prohibiting any special agreement or arrangement between the city and the users whereby the sanitary wastes of unusual flows, strength or character of such user or class of users may be accepted into the system, subject to payment therefor by such users or class of users.
(C) Rates shall be established by resolution of the City Commission and shall be revised from time to time as required to maintain the fiscal integrity of the system, and the same may be revised and taxed by resolution of the City Commission as may be necessary to produce the amounts required to pay such charges and expenditures and provide the fund necessary for the maintenance of the financial integrity of the system.
(D) Nothing in this section shall be construed as limiting, modifying or amending any special assessments levied against certain properties within the city in connection with the construction of sanitary sewers.
(E) For customers with multiple meters, each meter shall be treated as a separate customer for calculation of charges.
(F) The city may require metering of water and/or sewage flows for premises not connected to the city water system to determine the adequacy of charges.
(G) Sewer users in the city are charged based on their metered use of water. However, some users use water in such a way that does not result in return water flow to the sanitary sewer system, and therefore their sewage charge does not reflect actual sewer use. Accordingly, notwithstanding any other provision of this chapter, users meeting the following criteria may install a city-approved meter to calculate the amount of water used that is not discharged into the sewer system, and have their sewer charges reduced according to that amount:
(1) Residential use. A user may, at his or her sole expense, install a city-approved meter for lawn irrigation or landscaping purposes only. Users installing residential meters in accordance with this division shall be charged the service charge, defined in division (B)(1)(a) above, for the months of May to October only.
(2) Commercial or industrial use. For commercial or industrial manufacturing uses, the user shall:
(a) Submit an application to the WRRF Superintendent, in a form developed by the WRRF Superintendent, for approval, demonstrating that the proposed manufacturing use will not result in water being discharged into the sanitary sewer system. The WRRF Superintendent shall develop a policy establishing the criteria to be considered for approving such requests.
(b) Pay the full cost of installation of a separate city-approved meter and appropriate lines that will meter the use of water for manufacturing purposes only. After installation, the city shall inspect and approve the meter and lines.
(c) Users shall provide reasonable access to the meters for ongoing inspections.
(d) Users shall not direct any water metered through a water-only meter to the sanitary sewer system.
(H) Users meeting the criteria under § 51.100(G) will be charged for all metered water at the rates set from time to time by the City Commission, and shall not be charged for sanitary sewer services on the meter readings made.
(I) If, through its inspections or meter readings, the city determines that a user authorized under § 51.100(G) diverts water metered by a water-only meter and into the sanitary sewer system, the city shall bill the user for the sanitary sewer use at the rates then established, as they may be amended from time to time by the City Commission, for all billing periods during which the unlawful diversion occurred. If the billing periods during which unlawful diversion occurred cannot be established, the sanitary sewer charges will be applied, based on the water usage of the meter for the preceding three years.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 850, passed 12-11-00; Am. Ord. 979, passed 5-28-13; Am. Ord. 1074, passed 9-27-21)
(A) Table of unit factors. For the purposes of rates, fees and charges as provided in § 51.100, the City Commission may adopt and amend from time to time by resolution a table of unit factors setting forth and identifying the user class and all applicable factors to be multiplied by the monthly charge established for single-family residential premises.
(B) Rules for interpreting table of unit factors.
(1) The minimum equivalent factor for commercial and industrial users shall be 1.0.
(2) Equivalent units for users contained in said table will be based upon the size of the water meter serving the facility.
(C) Appeal. A property owner having an equivalent unit factor of more than one may, upon written request, appeal to the Sanitary Sewer Board of Appeals established pursuant to this chapter.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 850, passed 12-11-00; Am. Ord. 866, passed 11-26-01; Am. Ord. 1074, passed 9-27-21)
Cross reference:
Sanitary Sewer Board of Appeals, see § 51.126
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