(a) Necessity to Levy User Charges. It is hereby determined and declared to be necessary to the protection of the public safety, health, welfare and convenience of the Village to establish and collect use charges from every person whose lots, lands and premises are served by a connection, either directly or indirectly with the Village's sanitary sewage disposal system. Furthermore, no free sanitary sewer services shill be provided to any person or premises, public or private, which is served directly or indirectly with the Village's sanitary sewage disposal system. It is further determined and declared to be necessary that the establishment and collection of said user charges must be in compliance with the USEPA rules and regulations as published in the Federal Register, February 17, 1984, Volume 49, Number 34.
(b) Debt Retirement Charge. The Village may, in addition to the user charge provided for in subsection (a) hereof, establish and collect from users of the Village Sewage Treatment System a charge for the purpose of paying any debt retirement incurred on behalf of said Sewage Treatment System.
(c) Sewer Service Charge. The basic sewer service charge shall include the following two components:
(1) A user charge as provided for in subsection (a) hereof, established and administered in accordance with USEPA rules and regulations and sufficient to produce revenues necessary for the proper operation, maintenance and replacement of the Village's Sewage Disposal System.
(2) If required, a debt retirement charge as provided for in subsection (b) hereof.
(d) Notification. The Village shall at least annually notify each user or the sewage disposal system in conjunction with a regular bill, of the rate and that portion to the Sewer Service charges which are attributable to wastewater treatment services.
(e) Additional Charges.
(1) Extra strength surcharge. Where flows and loads are discharged in excess of normal strength limitations as defined in Section 925.01
(22), a surcharge over and above the charges provided for in subsection (c) hereof shall be levied on all flow and loadings which exceed normal strength limitations, in accordance with USEPA rules and regulations.
(2) Monitoring and surveillance charges. Where flows and loadings are discharged in excess of normal strength limitations as defined in Section 925.01
(22) and by reason of such flows and loadings the Village must monitor discharges by sampling, analyzing, or otherwise administering the provisions of this chapter including a pretreatment program, appropriate charges shall be developed and administered to adequately recover the cost of performing such service from users discharging such flows and loadings.
(f) Usage Measurement Methods.
(1) For any such lot, parcel of land, building or premises situated within or outside the corporate limits of the Village said service charge or rate shall be based upon the quantity of water used thereon or therein as the same is measured by the Village water meter there in use.
(2) On any such premises using water supplied either in whole or in part from sources other than the waterworks system of the Village, the Village Administrator may require the owner or other interested party to install water meters satisfactory to said Director to the extent necessary to measure all such supplies of water, and the quantity of water consumed on said premises shall be deemed to be the aggregate amount disclosed by said meters. The owner of such premises shall report such other sources of water to the Village Administrator within 30 days after the sewer charge herein provided shall become effective with respect to such premises.
(3) In the event it can be shown to the satisfaction of the Village Administrator with respect to any premises, that a portion of the water from any source consumed on said premises does not and can not enter the System, then in each such case, the owner or other interested party, may at his expense install and maintain separate metering devices to the extent necessary to demonstrate to the satisfaction of said Board of Public Affairs the portion of the water consumed on the premises which is discharged into the System, which portion shall constitute the basis for measuring the sewer charge for said premises under the provisions of this Section.
(g) Deposit and Use of Funds .
(1) Replacement Fund. The sum of money designated annually for replacement costs as established by USEPA rules and regulations shall be deducted from the revenues resulting from user charges as provided for in subsection (a) hereof and deposited in a “Replacement Fund,” to be used or accumulated for obtaining repair parts, replacing equipment, accessories, or appurtenances during the useful life of the Sewage Disposal System which are necessary to maintain or regain the capacity and performance for which such equipment and plant were designed and constructed.
(2) Sanitary Sewer Fund. The sum of money received from revenues resulting from user charges as provided for in subsection (a) hereof less replacement requirements set forth in (1) above, shall be deposited in a "Sanitary Sewer Fund," to be used for operation and maintenance of the Village Sewage Disposal System.
(3) Debt Service Fund. The sum of money received from revenues resulting from debt retirement charges as provided for in subsection (b) hereof shall be deposited in a Debt Service Fund to be used to pay outstanding indebtedness incurred on behalf of the Sewage Disposal System. Unless the debt retirement charge fully complies with USEPA user charge requirements, monies in this fund shall not be used for operation, maintenance or replacement.
In no event shall any of the funds be used for any other purpose as set forth or that would be contrary to the purposes permitted under Ohio R.C. 729.52.
(h) Administration of User Charge System. The Village shall annually review the wastewater contribution of users and user classes, the total costs of operation and maintenance of the Sewage Disposal System and the approved user charge system. If necessary, the Village shall review the charges to accomplish the following:
(1) Maintain the proportionate distribution of operation, maintenance and replacement costs among users and user classes as required herein;
(2) Generate sufficient revenue to pay the total operation, maintenance and replacement costs necessary to the proper operation and maintenance (including replacement) of the sewage disposal system;
(3) Maintain adequate additional charges as set forth in subsection (e) hereof to properly compensate the Village for costs incurred to provide added service.
(i) Calculation of Sewer Rates, Debt Charges, and Additional Charges. The Village shall set sewer use rates which are adequate to meet all costs incurred for operation, maintenance, replacement and debt retirement of the wastewater collection system, treatment plant and appurtenances to those facilities. Rates for sanitary sewer service, debt retirement and additional charges shall be calculated using the following equations. The charges pertinent to this subsection are shown in Section 921.04
.
(1) Operation, Maintenance, Replacement (O, M & R).
The following equation shall be used to establish the monthly charge for O, M & R.
A = B
C WHERE:
A = Monthly charge for O, M & R (Cost per 1,000 gallons)
B = Village's annual cost of operation, maintenance and replacement for the wastewater collection system and treatment plant
C = Total annual metered flow through residential commercial, industrial, and institutional flow meters. (Thousands of gallons)
(2) Debt Retirement.
The following equation shall be used to establish the monthly charge for debt retirement:
D = E WHERE:
F
D = Monthly charge for debt retirement (Cost per 1,000 gallons)
E = Village's annual debt payment for wastewater treatment plant and collection system improvements
F = Total annual metered flow through residential, commercial, industrial, and institutional flow meters. (Thousands of gallons)
(3) Additional Charges. Additional charges will be levied against users discharging Extra Strength Wastewater. or wastewater containing BOD and/or suspended solids concentrations in excess of 200 mg/l. Additional charges for extra-strength wastewater shall be based on the following equations:
A. BOD:
C = I
J WHERE:
G = Average O, M & R cost for BOD removal
H = Annual O, M & R cost of wastewater treatment plant only
I = 0.30 x H = Annual O, M & R cost associated with BOD removal
J = Total pounds of BOD entering the wastewater treatment plant
annually
The BOD surcharge will be based on the user’s total monthly discharge in excess of 200 mg/l as defined for "Normal Strength or Waste Sewage" in Section 925.01
(22). BOD surcharge will include monitoring and surveillance charges as defined in subsection (e) hereof.
B. Suspended Solids:
K = L
M WHERE:
K = Average O, M & R cost for suspended solids removal
H = Annual O, M & R cost of wastewater treatment plant only
L = 0.35 x H = annual O, M & R cost associated with suspended solids removal
M = Total pounds of suspended solids entering the treatment plant annually
(j) Billing and Due Date. The sewer service charges or rates provided in this section shall be due and payable monthly at the office of the Village Administrator and at the option of the Village Administrator may be made payable at the same time as the Village's water bills for premises served with Village water.
(k) Rules and Regulations. The Village Administrator shall make and enforce such rules and regulations as they may deem necessary for the enforcement of the provisions hereof, for the proper determination and collection of the rates and charges herein provided, and for the safe, efficient and economical management of the System; and such rules and regulations, when not repugnant to existing ordinances of the Village or laws of the State of Ohio, shall have the same force and effect as ordinances of Council.
(l) Late Payment Penalty. A penalty of 10 percent shall be added if the sewer service charge is not paid on or before the 15th day of the month when due.
(m) Unpaid Bills to Be a Lien on Premises. Each sewer service charge or rate levied by or pursuant to this chapter is hereby made a lien upon the corresponding lot, land or premises charged therewith, and if the same is not paid within thirty (30) days after it shall be due and payable, it shall be certified to the Auditor of Union County, Ohio. who shall place the same on the tax duplicate of said county with the interest and penalties allowed by law and be collected as other taxes are collected. The Village shall also have the right, in event of nonpayment as aforesaid, to discontinue service to such premises of water supplied by the Village's waterworks system, until such unpaid sewer charges have been fully paid.
(Ord. 12-11-89.)