(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNCIL. The Town Council of the Town of Otterbein, or any duly authorized officials acting on its behalf.
DEBT SERVICE COSTS. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
EXCESSIVE STRENGTH SURCHARGES. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage”.
INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.
NORMAL DOMESTIC SEWAGE.
(a) For the purpose of determining surcharges, means wastewater or sewage having an average daily concentration as follows:
1. BOD not more than 250 mg/l;
2. S.S. not more than 250 mg/l; and
3. NH3 not more than 30 mg/l.
(b) As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences are distinct from wastes from industrial processes.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT. Has the same meaning as defined in § 51.002.
OPERATION AND MAINTENANCE COSTS. Include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements. (These COSTS include replacement.)
OTHER SERVICE CHARGES. Tap charges, connection charges, area charges and other identifiable charges, other than user charges, debt service charges and excessive strength surcharges.
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of treatment works to maintain the capacity and performance for which such works were designed and constructed.
SEWER USE ORDINANCE. A separate and companion enactment to this section, which regulates the connection to and use of public and private sewers.
SHALL. Mandatory; MAY is permissive.
TOWN. The Town of Otterbein, acting by and through the Council.
USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Pub. L. No. 92-500, § 204(b).
USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics and process or discharge similarities (i.e., residential, commercial, industrial, institutional and governmental in the user charge system).
(a) COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which, based on a determination by the town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(b) GOVERNMENTAL USER. Any federal, state or local governmental user of the wastewater treatment works.
(c) INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.
(d) INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious and/or educational function which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(e) RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units and the like.
WASTEWATER FACILITIES. The structure, equipment and processes required to collect, carry away, and treat domestic and commercial wastes and dispose of the effluent.
(B) 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 defined, 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. User charges shall be uniform in magnitude within a user class.
(1) User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency. Replacement costs, which are recovered through the system of user charges, shall be based upon the expected service life of the sewage works equipment.
(2) The various classes of users of the treatment works for the purposes of this section, shall be as follows:
(a) Class 1. Residential;
(b) Class 2. Commercial;
(c) Class 3. Governmental/Institutional; and
(d) Class 4. Industrial.
(C) For the use of and the service rendered by said sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the town's sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the Town of Otterbein. Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided and shall be in an amount determinable as follows:
(1) Metered water users. The sewage rates and charges shall be based 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, plus a base charge, as listed below, 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 estimated. The water usage schedule on which the amount of said rates and charges shall be determined is treatment rate and base rate.
(2) Unmetered water users. For residential single-family residence users of the sewage works that are unmetered water users or accurate meter readings are not available, the monthly charge shall be determined as an average of single family dwelling units (4,300 gallons per month), except as herein provided. Sewage service-bills shall be rendered once each month (or period equaling a month). The rate shall include a base rate as listed below plus an estimated treatment charge as outlined below. For nonresidential users of the sewage works that are unmetered water users, the monthly charge shall be determined by town on an individual basis. For the service rendered to the town, the town shall be subject to the same rates and charges herein above provided. Finally, in order to recover the cost of monitoring industrial wastes the town shall charge the user the amount set forth in § 10.98, per sample. This charge will be reviewed and revised on the same basis as all other rates and charges in this section.
(3) Surcharges. In order that the rates and charges may reflect the costs of providing service 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. Normal sewage domestic waste strength should not exceed a biochemical oxygen demand of 250 milligrams per liter of fluid, suspended solids in excess of 250 milligrams per liter of fluid; or ammonia nitrogen in excess of 30 milligrams per liter of fluid. Additional charges for treating stronger than normal domestic waste shall be made as listed below.
(4) Schedule of rates and charges. The following rates and charges apply to the use of and the service rendered by said sewage works. Phase I rates shall go into effect starting with the January 1, 2024 billing, Phase II rates shall go into effect starting with the January 1, 2025 billing, Phase III rates shall go into effect starting with the January 1, 2026 billing, Phase IV rates shall go into effect starting with the January 1, 2027 billing and Phase V rates shall go into effect starting with the January 1, 2028 billing.
Current | Phase I | Phase II | Phase III | Phase IV | Phase V | |
3% | 3% | 3% | 3% | 3% |
Current | Phase I | Phase II | Phase III | Phase IV | Phase V | |
3% | 3% | 3% | 3% | 3% | ||
Metered flow rates (per 1,000 gallons) | $10.08 | $10.38 | $10.69 | $11.01 | $11.34 | $11.68 |
Monthly base charges: | ||||||
Meter size: | ||||||
5/8 inch | $29.02 | $29.89 | $30.79 | $31.71 | $32.66 | $33.64 |
1 inch | $67.32 | $69.34 | $71.42 | $73.56 | $75.77 | $78.04 |
2 inch | $258.95 | $266.72 | $274.72 | $282.96 | $291.45 | $300.19 |
3 inch | $590.73 | $608.45 | $626.70 | $645.50 | $664.87 | $684.82 |
4 inch | $1,025.29 | $1,056.05 | $1,087.73 | $1,120.36 | $1,153.97 | $1,188.59 |
Unmetered (4,300 gallons) | $72.38 | $74.52 | $76.76 | $79.05 | $81.42 | $83.86 |
Surcharge rates: | ||||||
Suspended solids (in excess of 250 mg/l) | $0.54 | $0.56 | $0.58 | $0.60 | $0.62 | $0.64 |
BOD (in excess of 250 mg/l) | $0.54 | $0.56 | $0.58 | $0.60 | $0.62 | $0.64 |
NH3 (in excess of 30 mg/l) | $0.35 | $0.36 | $0.37 | $0.38 | $0.39 | $0.40 |
(D) The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the town shall be determined by the town in such manner as the town shall reasonably elect, and the sewage service shall be billed at the above appropriate rates; except, as is hereinafter provided in this section. The town may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the town, that such quantities do not enter the sanitary sewage system.
(1) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the town sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the town, and the water used thereon or therein 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 rate or charge provided in this section, the owner or other interested party shall at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for determining of sewage discharge.
(2) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids in the town’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the town, and in addition, is a user of water from another source, which is not measured by a water 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 or charges, the owner or other interested parties shall, at his or her expense, 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.
(3) In the event two or more residential lots, parcels of real estate or buildings discharging 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 base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate or building served through the single water meter.
(4) 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, and uses water in excess of 10,000 gallons per month, 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, at his or her expense, 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.
(5) In the event two or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging 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 such case, billing shall be for a single service in the manner set out elsewhere herein. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided.
(E) In order that the rates and charges may reflect the costs of providing service 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, suspended solids in excess of 250 milligrams per liter of fluid; or ammonia nitrogen in excess of 30 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 of $0.54 per pound of suspended solids for suspended solids received in excess of 250 milligrams per liter of fluid.
(b) Rate surcharge based upon BOD. There shall be an additional charge of $0.54 per pound of biochemical oxygen demand for BOD received in excess of 250 milligrams per liter of fluid.
(c) Rate surcharge based upon NH3. There shall be an additional charge of $0.35 per pound of ammonia for NH3 received in excess of 30 milligrams per liter of fluid.
(2) The determination of suspended solids, five-day biochemical oxygen demand and ammonia nitrogen 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 C.F.R. part 136, published in the Federal Register on October 16, 1973.
(F) The owner of any lot, parcel of real estate or building connecting to the sewage works shall, prior to being permitted to make a connection, pay a connection charge as set forth in § 50.03(B)(2) for each connection. The Town Council now finds such a connection charge to be a reasonable and equitable pro rata cost of construction of a local or lateral sewer adequate to serve the property so connecting and the cost of providing a connection to the sewer system.
(G) Such rates and charges shall be prepared, billed and collected by the town in the manner provided by § 50.03.
(H) 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 five years following the date on which this chapter goes into effect. 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. 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 the fairness, equity and 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.
(I) The town shall make and enforce such bylaws 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. 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.
(J) 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 of the Administrator of the user charge to the Town Council and that any decision concerning user charges of the Town Council may be appealed to a court of competent jurisdiction under the appeal procedures provided for in the Indiana Administrative Adjudication Act.
(K) The Council is hereby further authorized lo 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 Pub. L. No. 92-500 and 95-217.
(L) The Council shall not grant free service or use of the sewage treatment system to any person, group or entity. It is not necessary for an area or parcel of real estate to be annexed to the town to receive sewage treatment.
(2008 Code, § 2.3.6) (Ord. 2010-2, passed 5-18-2010; Ord. 2016-0607B, passed 6-7-2016; Ord. 2017-0815, passed 8-15-2017; Ord. 2019-0319A, passed 3-19-2019; Ord. 2021-1118B, passed 11-18-2021; Ord. 2023-1102B, passed 11-2-2023)