The charges and rates to each user levied and assessed by this chapter shall be due and payable to the Sewer Department Office as and when charges for sewer consumption and sewer service charges are due and payable. The rate schedule is as follows.
(A) (1) The rates and charges shall be collected for the use of, and the service rendered by, the sewage works of the town from the owners of each and every lot, parcel of real estate or building that is connected with or that uses any part of the sewage system of the town or that in any way uses or is served by the works by discharging any sewage, industrial waste, water or other liquids into the sewage works, including the real estate, buildings and premises of the town and the school corporation of the county, the several townships thereof, the state, the federal government and any district or political subdivision or agency thereof.
(2) Every person whose premises are served by said sewage works shall be charged for the services provided. These charges are established for each user class, as deemed, in order that the sewage works shall recover, from each user and user class, revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works.
(a) User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency and the law of the state. Replacement costs, which are recovered through the system of user charges, shall be based upon the expected service life of the sewage works equipment.
(b) The various classes of users of the treatment works for the purposes of this chapter, shall be as follows:
1. Class 1: Residential;
2. Class 2: Commercial;
3. Class 3: Governmental/institutional; and
4. Class 4: Industrial.
(B) The quantity of water obtained from sources other than the water utility serving said town and discharged into the public sanitary sewer system may be determined by the town in such manner as the town shall elect, and the sewage treatment service may be billed at appropriate rates.
(C) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial waste, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, is not a user of the water supplied by the water utility serving said town, the water used thereon or therein is not measured by a meter, or is measured by a meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town in order to ascertain the rates of charge, or the owner or other interested party, at his or her expense, may install and maintain meters, wells, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of the sewage discharge.
(D) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial waste, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving said town, and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town in order to ascertain the rates of charges, or the owner or other interested party, at his or her expense, may install and maintain meters, weirs, volumetrical measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
(E) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, and it can be shown to the satisfaction of the town that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
(F) In the event two or more residential lots, parcels of real estate or buildings discharge sanitary sewage, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the minimum charge and the sewage rates and charges shall apply to each of the number of residential lots, parcels of real estate or buildings served through the single water meter.
(G) Where a metered water supply is used for fire protection as well as for other uses, the town may, in its discretion, make adjustments in the minimum charge and in the use charge as may be equitable.
(H) For the service rendered to the town, the town shall be subject to the same rates and charges provided or to rates and charges established provided or to rates and charges established in harmony therewith.
(I)
In order that the rates and charges may reflect the costs of providing service to rendered to users, the town shall base its charges not only on the volume, but also the 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 and by such method as the town may deem practicable in order to determine the proper charge. The user shall furnish a central sampling point available to the town at all times.
(1) Normal sewage domestic waste strength should not exceed a biochemical oxygen demand of 250 milligrams per liter of fluid or suspended solids in excess of 250 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis.
(a) Rate surcharge based upon suspended solids. There shall be an additional charge per pound of suspended solids for suspended solids received in excess of 250 milligrams per liter of fluid as follows:
On or after January 1, 2021 | $0.18 per pound |
On or after July 1, 2021 | $0.19 per pound |
On or after July 1, 2022 | $0.19 per pound |
On or after July 1, 2023 | $0.20 per pound |
(b) Rate surcharge based upon BOD. There shall be an additional charge per pound of biochemical oxygen demand (BOD) received in excess of 250 milligrams per liter of fluid as follows.
On or after January 1, 2021 | $0.30 per pound |
On or after July 1, 2021 | $0.31 per pound |
On or after July 1, 2022 | $0.32 per pound |
On or after July 1, 2023 | $0.33 per pound |
(2) The determination of suspended solids, five-day biochemical oxygen demand, ammonia nitrogen and phosphorous contained in the waste shall be in accordance with the latest copy of Standard Methods for the Examination 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 conformance with Guidelines Establishing Test Procedures for Analysis of Pollutants, Regulation 40 C.F.R. Part 136, published in the Federal Register on October 16, 1973.
(J) (1) In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users or user classes, the town shall cause a study to be made within one year, following the date on which this chapter goes into effect and at least annually thereafter. Such study shall include, but not be limited to, an analysis of the costs associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the waste treatment systems. The town shall adjust its rates and charges to reflect the results of the study.
(2) Thereafter, on an annual basis, within a reasonable period of time following the normal accounting period, the town shall cause a similar study to be made for the purpose of reviewing proportionality of the rates and charges for sewage services on a continuing basis. Said studies shall be conducted by officers or employees of the town, or by a firm of certified public accountants, or a firm of consulting engineers which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants or engineers as the town shall determine to be best under the circumstances. The town shall, upon completion of said study, revise and adjust the rates and charges, as necessary in accordance therewith in order to maintain the proportionality and sufficiency of the rates.
(K) The rules and regulations promulgated by the town, after approval of the Town Council shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision regarding user charges to the Town Council.
(L) The Council is hereby further authorized to enter into special rate contracts with customers of the sewage works where clearly definable cost to the sewage works can be determined, and such rate shall be limited to such costs. Said contract shall be in compliance with the Federal Water Pollution Control Act (Pub. L. No. 92-500), being 33 U.S.C. §§ 1251 et seq., as amended by the Clean Water Act (Pub. L. No. 95-217) of 1977, being 42 U.S.C. §§ 7401 et seq.
(M) The Council shall not grant free service or use of the sewage treatment system to any person, group or entity.
(N) The town shall receive a return on investment to be set annually by the Town Council pursuant to § 51.085 hereof.
(O) The rates and charges as herein set forth shall become effective on the first full billing period occurring after the adoption of this chapter.
(P) The rates and charges shall be prepared and billed by the town, and shall be collected in the manner provided by law and ordinance. Said rates and charges will be billed to the tenant or tenants occupying the property served, unless otherwise requested in writing by the owners, but such billing shall in nowise relieve the owner from liability in the event payment is not made as herein required. Except for duplexes, only one billing will be made per meter. The owners of the property served, which are occupied by tenants, shall have the right to examine the collection records of the town for the purpose of determining whether such rates and charges have been paid by such tenants, provided that such examination shall be made in the office of which said records are kept and during the hours that such office is open for business.
(Q) (1) (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 conveyance system, for the construction and use of house sewers and connections to the sewage system, and for the regulation, collection, rebating and refunding of such rates and charges.
(b) There shall be established a charge in the amount of $2,000 for the privilege of making a sewer connection from any single-family residence to an existing sanitary sewer suitable for use as a lateral sewer by said single-family residence. The charge for said sewer connection shall be paid in full to the town at the time that said connection to the municipal sewer system is made; provided, however, that said connection charge, upon written request of the customer or property owner, may be paid in four equal installments over a two-year period.
(2) The town is hereby authorized to prohibit dumping of wastes 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 standards included in the national pollution discharge elimination system (NPDES) permit issued to the sewage works.
(R) (1) Each charge for such sewage works by or pursuant to this chapter is made a lien against and upon the corresponding lot, parcel or real estate, building or premises served by the sewage works, and if not paid on or before the due date thereof, the amount thereof, together with a penalty of 10% of the current unpaid balance and a reasonable attorney’s fee may be recovered by the Town Council in a civil action in the name of the town after statutory notice is given.
(2) Every user shall be billed under one of three methods set out in this division (R). Such rates and charges include user charges and debt service costs, which shall be in an amount determinable as follows.
(a) Metered water users.
1. The sewage rates and charges shall be based, in part, on the quantity of water used on or in the property or premises subject to such rates and charges, as the same is measured by the water meter there in use, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly (or period equaling a month) or as determined by the water utility providing the readings to the town's billing agency.
2. The water usage schedule on which the amount of said rates and charges shall be determined is as follows:
a. Treatment rate: per 1,000 gallons of usage per month as is measured by the water meter there in use, according to the following schedule.
On and after January 1, 2021 | Rate |
Inside town | $11.12 |
Outside town | $16.78 |
Plus the billing charge set out in division (R)(2)(c) below | |
On and after July 1, 2021 | Rate |
Inside town | $11.46 |
Outside town | $17.28 |
Plus the billing charge set out in division (R)(2)(c) below | |
On and after July 1, 2022 | Rate |
Inside town | $11.69 |
Outside town | $17.63 |
Plus the billing charge set out in division (R)(2)(c) below | |
On and after July 1, 2023 | Rate |
Inside town | $11.92 |
Outside town | $17.98 |
Plus the billing charge set out in division (R)(2)(c) below | |
b. Minimum charge: each user shall pay a minimum monthly charge, according to the following schedule and for such charge he, she or it is entitled to 3,000 gallons.
On and after January 1, 2021 | Rate |
Inside town | $41.11 |
Outside town | $58.09 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
On and after July 1, 2021 | Rate |
Inside town | $42.38 |
Outside town | $59.84 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
On and after July 1, 2022 | Rate |
Inside town | $43.22 |
Outside town | $61.04 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
On and after July 1, 2023 | Rate |
Inside town | $44.06 |
Outside town | $62.24 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
(b) Unmetered water users. Water furnished to unmetered residential and commercial users shall be charged on the basis of the metered gallon rates herein before set forth as estimated and established by the Town Council (assuming 4,300 gallons used per month), but in no event shall the monthly charge be less than as follows.
On and after January 1, 2021 | Total |
Inside town | $55.57 |
Outside town | $79.90 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
On and after July 1, 2021 | Total |
Inside town | $57.28 |
Outside town | $82.30 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
On and after July 1, 2022 | Total |
Inside town | $58.42 |
Outside town | $83.96 |
This rate includes the billing charge identified in division (R)(2)(c) below | |
On and after July 1, 2023 | Rate |
Inside town | $59.56 |
Outside town | $85.61 |
(c) Billing and administrative charge. Each user, whether billed under a minimum charge, metered usage or unmetered usage shall pay a monthly billing charge to defray billing and administrative costs. The billing charge is included in the minimum rate and unmetered rate set out above. It is charged in addition to the metered rate set out above.
On and after January 1, 2021 | Rate |
In town and out of town | $7.75 |
On and after July 1, 2021 | Rate |
In town and out of town | $8.00 |
On and after July 1, 2022 | Rate |
In town and out of town | $8.15 |
On and after July 1, 2023 | Rate |
In town and out of town | $8.30 |
(d) For the service rendered to the town, said town shall be subject to the same rates and charges hereinabove provided.
(e) In order to recover the cost of monitoring industrial wastes, the town shall charge the user the actual cost of monitoring but not less than $60 per sample. This charge will be reviewed and revised on the same basis as all other rates and charges in this chapter.
(f) Summer averaging, swimming pool fillups and sewer adjustments for broken water mains adjustments shall continue as provided by town policy.
(1991 Code, § 50.27) (Ord. 1987-1, passed 1-28-1987; Ord. 1995-4, passed 2-22-1995; Ord. 1998-1, passed 1-28-1998; Ord. 2001-1, passed 1-10-2001; Ord. 2001-3, passed 3-14-2001; Ord. 2002-7, passed 6-12-2002; Ord. 2005-1, passed 2-9-2005; Ord. 2008-14, passed 9-15-2008; Ord. 2009-4, passed 6-10-2009; Ord. 2012-5, passed 3-25-2012; Ord. 2014-2, passed 4-9-2014; Ord. 2016-09, passed 6-22-2016; Ord. 2020-11, passed 9-9-2020)