921.07 SANITARY SEWER CHARGES.
   (a)   Components. Sanitary sewer charges shall consist of two components, as listed herein. In addition, some of the components shall be subdivided into other components.
      (1)   User Charge.
      (2)   User Charge - Surcharge.
   (b)   Applicability of Charges. Users shall be subject to the various components of charges initially on the basis of their user class, as subsequently provided under the divisions describing each component.
(Ord. 6-80. Passed 5-19-80.)
   (c)   User Charge. The sewage usage rates for the waste water treatment facilities for the Village and all subscribers shall be at the rate of two dollars and fifty-four cents ($2.54) per one thousand (1,000) gallons, effective March 1, 1999 and shall be at the rate of two dollars and sixty-nine cents ($2.69) per one thousand gallons effective January 1, 2000. Beginning January 1, 2001 the sewage usage rates shall increase at the rate of .01% annually thereafter.
(Ord. 6-99. Passed 3-23-99.)
   (d)   User Charge - Surcharge. In addition to the User Charges applicable pursuant to this Section, users discharging pollutants to the wastewater treatment works in concentrations exceeding normal as defined in Section 921.06(a), shall be subject to a User Charge - Surcharge, which shall be calculated as follows:
User Charge - Surcharge
BOD = (B-200) x QI x 0.00834 x Cto x 0.30; and/or
                                                          
         Bt
Suspended Solids = (S-240) x QI x 0.00834 x Cto x 0.30
                                                                      
               St
Where:
       B = BOD concentration (in mg/l)
S = Suspended Solids concentration (in mg/l);
       QI = User discharge (in 1,000 gal.);
Cto = Estimated Total Annual Operation, Maintenance and Replacement Costs
    0.30 = Portion of Cto assigned to BOD:
   0.30 = Portion of Cto assigned to Suspended Solids;
Bt = Estimated Total Annual Pounds of BOD received at the WWTP;
St = Estimated Total Annual Pounds of Suspended Solids received at the WWTP:
   0.00834 = Constant (8.34 pounds x 1,000)
gal. 1,000,000
   The actual surcharge is $0.21/lb for BOD and $0.18/lb for Suspended Solids.
   (e)   Surcharge for Other Pollutants. Surcharges may also be established for pollutants other than those provided for which are permitted to be discharged to the wastewater treatment works by the Village, after pretreatment, or without pretreatment.
   (f)   Administration of Industrial Cost Recovery. Industrial cost recovery shall be administered in accordance with the provisions of 40 CFR 35.928. Industrial users discharging the equivalent of 25,000 gpd or less of sanitary waste shall be exempt from industrial cost recovery requirements, provided the waste discharged does not contain any pollutants which:
      (1)   Interfere with wastewater treatment works processes;
      (2)   Are incompatible; or
      (3)   Contaminates or reduces the utility of the sludge.
   (g)   User Classes.
      (1)   The placement of a user within a particular user class for applying User Charges shall be as determined by Council. There are currently no industries meeting the definition of an “Industrial User” as defined in 40 CFR 35.905.
      (2)   Should such an “Industrial User” begin to discharge into the Village system, an ICR system shall be implemented in accordance with current Federal regulations.
   All users not defined as an Industrial User per Federal Regulation No. 35.905.8 Industrial User, shall be placed in the Non-Industrial User class.
   (h)   Annual Rate Review. The sanitary sewer charge rates shall assure that each recipient of waste treatment services will pay its proportionate share of the cost of operation and maintenance including replacement. Revenue generated shall be proportionate to the portion of operation and maintenance necessary. These rates shall be reviewed biennially and shall be reviewed periodically, as required, to reflect actual treatment works operation and maintenance.
   (i)   Audit, Review and Adjustment. Revenues, expenses, consumptions, loadings and other data associated with sanitary sewer charges shall be audited annually. All estimated revenues, expenses, consumptions, loadings, allocation factors, etc., shall be reviewed and adjusted annually so as to more accurately reflect current conditions and adjust for past inequities. One of the main purposes of the audit shall be to maintain a proportionate distribution of the wastewater treatment works operation and maintenance costs, including billing, to all users by means of the user charge system, and to insure that user charges are sufficient to cover all operation and maintenance costs, including billing. Within the limitations of all applicable Federal, State and local laws, the Federal Environmental Protection Agency shall have the right to audit industrial waste discharge records.
   (j)   Sanitary Sewer Charges Outside the Municipality. With respect to any such premises situated outside of the corporate limits of the Village, and having active connections with the system pursuant to authorization of Council, sanitary sewer charges shall be 37% greater than the charges for service inside the corporate limits.
   (k)   Method of Collecting Charges. The sanitary sewer charges provided in this chapter shall be payable monthly at the Water Department during regular office hours. Charges established with respect to premises served by the Village Water Works system shall be included in and payable with the Village water bill to such premises. With respect to premises not so served, charges shall be billed and payable at the same times as the Village water bills are rendered and become payable. The billing and collection of Sanitary Sewer Charges, Permit Charges and Quarterly or Monthly Base Charges shall be the responsibility of the Village. The same shall be subject to and governed by the valid and applicable rules and regulations from time to time established by the Village. Surcharges levied pursuant to this chapter shall be billed annually or as otherwise established by Council.
   (l)   Nonpayment of Bill. When any charges imposed by this chapter is not paid within the specified due date, they may after ninety days be certified with a penalty of ten percent (10%) to the Tuscarawas County Auditor who shall place them upon the real property tax list and duplicate against the property served. Such charges and penalties shall be a lien on such property from the date the same was placed upon the real property tax lien and duplicate by the County Auditor and shall be collected in the same manner as other taxes. The Village shall have the right in the event of nonpayment to discontinue water service to such premises until the unpaid charges have been paid in full.
   (m)   Special Contracts. The Village has the right to contract with special users when agreement schedules and charges are in accordance with prevailing rates of this chapter.
   (n)   Sanitary Sewer District Accounts.
      (1)   Revenues generated through user charges levied pursuant to this Section and permit charges levied pursuant to this chapter shall be placed in a separate account and shall be used to offset all operation and maintenance costs, including billing.
      (2)   All other revenues generated through monthly base charges, excluding user charges, shall be placed in a separate account for the purpose of covering other applicable payments for the Newcomerstown Sanitary Sewer District.
         (Ord. 6-80. Passed 5-19-80; Ord. 8-05. Passed 8-15-05.)
   (o)   Surcharge for Sludge Press. Editor’s note: The one dollar sewer surcharge for the sludge press was removed, effective for services in March, 2005, by the passage of Ordinance 4-05, passed April 18, 2005.