Loading...
(A) Any discharger who exceeds the limit set forth in its Industrial or Significant Discharger Agreement, or in the absence of such an agreement, the limits set for domestic waste in § 51.121 shall be subject to a surcharge based upon the amount such limits are exceeded in accordance with the following schedule.
Percent Permitted Limit Exceeded Amount of Surcharge
0 - 10% 15%
11 - 20% 25%
21 - 35% 50%
36 - 50% 75%
50% or more 100%
(B) The surcharge shall be calculated as follows:
Base sewer bill x surcharge = total sewer bill.
(C) The base sewer bill shall be calculated in accordance with applicable procedures set forth in this chapter and applicable city ordinances and procedures.
(D) Such surcharge, if applicable, shall be billed as part of and in accordance with normal billing procedures.
(E) Any person failing to pay the surcharge or other amounts due shall be subject to such further action as may be permitted by ordinance or law.
(Am. Ord. 184, passed 1-1-95)
(A) (1) The city establishes a Sewer Service Fund as an income fund to receive all revenues generated by the sewer service charge system and all other income dedicated to the operation, maintenance, replacement, and construction of the wastewater treatment works, including taxes, special charges, fees, and assessments intended to retire construction debt.
(2) The city also establishes the following accounts as income and expenditure accounts within the Sewer Service Fund:
(a) Operation and Maintenance Account.
(b) Equipment Replacement Account.
(c) Debt Retirement Account.
(B) All revenue generated by the sewer service charge system and all other income pertinent to the treatment system, including taxes and special assessments dedicated to retire construction debt, shall be held by the City Manager separate and apart from all other funds of the city. Funds received by the Sewer Service Fund shall be transferred to the “Operation and Maintenance Account,” the “Equipment Replacement Account,” and the “Debt Retirement Account” in accordance with state and federal regulations and the provisions of this chapter.
(C) Revenue generated by the sewer service charge system sufficient to insure adequate replacement throughout the useful life of the wastewater facility shall be held separate and apart in the “Equipment Replacement Account” and dedicated to affecting replacement costs. Interest income generated by the “Equipment Replacement Account” shall remain in the “Equipment Replacement Account.”
(D) Revenue generated by the sewer service charge system sufficient for operation and maintenance shall be held separate and apart in the “Operation and Maintenance Account.”
(Ord. 150, passed 7-26-90)
The sewer service charge and Sewer Service Fund shall be administrated according to the following provisions:
(A) (1) The City Manager shall maintain a proper system of accounts suitable for determining the operation and maintenance, equipment replacement, and debt retirement costs of the treatment works and shall furnish the City Council with a report of such costs annually in the city’s financial report in the first month of the subsequent fiscal year.
(2) The City Council shall annually determine whether or not sufficient revenue is generated for the effective operation, maintenance, replacement, and management of the treatment works and whether sufficient revenue is being generated for debt retirement. The Council will also determine whether the user charges are distributed proportionately to each user in accordance with § 51.122 and Section 204(b)(2)(A) of the Federal Water Pollution Control Act, as amended.
(3) The city shall thereafter, but not later than the end of the year, reassess and as necessary revise the sewer service charge system then in use to insure the proportionality of the user charge and to insure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed and to retire the construction debt.
(B) In accordance with federal and state requirements, each user will be notified annually in conjunction with a regular billing of that portion of the sewer service charge attributable to operation, maintenance, and replacement.
(C) In accordance with federal and state requirements, the City Manager shall be responsible for maintaining all records necessary to document compliance with the sewer service charge system adopted.
(D) (1) Bills for sewer service charges shall be rendered on a monthly basis succeeding the period for which the service was rendered and shall be due 20 days from the date of rendering. Any bill not paid in full 20 days after the due date will be considered delinquent. At that time the city shall notify the delinquent owner/occupant in writing regarding the delinquent bill and subsequent penalty. The penalty shall be computed as 10% of the original bill and shall be increased the same 10% for every month the bill is outstanding, up to a maximum penalty of $50.
(2) An administration charge may also be attached to delinquent bills which would be placed on the taxes at the discretion of the city.
(E) The owner of the premises shall be liable to pay for the service to such premises and the service if furnished to the premises by the city only upon the condition that the owner of the premises is liable therefore to the city.
(F) Any additional costs caused by discharges to the treatment works of toxics or other incompatible wastes, including the cost of restoring wastewater treatment services, clean up, and restoration of the receiving waters and environs and sludge disposal shall be borne by the discharger(s) of the wastes, at no expense to the city.
(Ord. 150, passed 7-26-90)
(A) Each and every sewer service charge levied by and pursuant to this chapter is hereby made a lien upon the lot or premises served, and all such charges which are past due and delinquent shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in this chapter shall be held or construed as in any way stopping or interfering with the right of the city to levy as taxes or assessments against any premises affected any delinquent or past due sewer service charges.
(B) As an alternative to levying a lien, the city may, at its discretion, file suit in a civil action to collect such amounts as are delinquent and due against the occupant, owner, or user of the real estate and shall collect as well all attorney’s fees incurred by the city in filing the civil action. Such attorney’s fees shall be fixed by order of the court.
(C) In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being serviced by the treatment works shall be liable for interest upon all unpaid balances at the rate of 10% per annum.
(Ord. 150, passed 7-26-90)
Loading...