§ 52.17  SEWER USER CHARGE.
   (A)   User charge. There is hereby established a sanitary sewer use charge against each lot, parcel of land, or premises served by said sanitary sewerage system, or which may otherwise discharge wastewater, either directly or indirectly, into such sanitary sewerage system or any part thereof.
   (B)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      CONSUMER. Includes all users of the municipal sanitary sewerage system of the village including all persons, firms, or corporations whose premises are served thereby and all owners and tenants of real estate and buildings connected with said sanitary sewerage system or served thereby, and all users of said system who in any way use the same or discharge wastewater or other liquid, either directly or indirectly, into the sanitary sewerage system of the village.
   (C)   Sewer rate schedule. The following monthly rate for all sanitary sewer service within the village limits shall be in effect from and after May 1, 2018 as provided herein: a monthly charge of $19.50 for each month or any portion of the month for which sanitary sewer services are available to the consumer served by the sanitary sewer system.
   (D)   Surcharges. The village shall have the right to increase the sanitary sewer monthly charges when it is determined that the strength of a consumer’s wastewater is significantly greater than other consumers. The village may require any consumer to, at his or her expense, provide flow measurement and sample analysis of his or her wastewater. All such surcharges shall be arrived at by establishing a base rate per pound for biochemical oxygen demand (BOD), total suspended solids (TSS), and ammonia and comparing the consumer’s wastewater strength and volume to the base rate. A surcharge shall be added at the rate of $0.30 per pound when the BOD is in excess of 250 mg/liter, and at the rate of $0.30 per pound when TSS is in excess of 300 mg/liter of suspended solids, and $0.70 per pound for ammonia nitrogen when it is in excess of 25 mg/liter.
   (E)   Outside village limits. For service by the municipal sanitary sewerage system outside the corporate limits of the village, the consumer shall pay a rate which is one and one-half times the amount such consumer would pay if he or she were located in the village limits including the monthly customer charge.
   (F)   Tapping fee. For each new connection or tap made to the existing sanitary sewer main, the applicant for such new connection shall pay a tapping fee as provided in § 52.08, which shall include the cost of the tapping saddle.
   (G)   Determination of inequitable and unfair rates. Where, in the judgment of the Village Board, by reason of special conditions, the application of the use charges hereinbefore set forth would be inequitable or unfair to either the village or the user, a special rate may be established by contract or by resolution, duly passed and approved by the Village Board. To assist the Village Board in determining whether or not special conditions exist, any consumer shall, upon request of the village, provide a satisfactory means of measuring the sewage flow from the consumer and obtaining a representative sample of the sewage.
   (H)   Rate saving clause. If for any reason, any of the rates of any user hereinbefore set forth should be invalid or unenforceable, the village shall be entitled to receive and collect from such user a reasonable rate or charge for the use of its sanitary sewerage system, the same to be collected in an action by law.
   (I)   Private water supply. Sanitary sewer users having a private water supply which is discharged into the sanitary sewerage system shall be billed at the same rate as that applied to like customers having the village water supply.
   (J)   Lien on premises. All sewer use charges prescribed by the section shall be a lien upon the premises and real estate for which the sewer service is supplied and used, and if not paid when due, such charge shall be certified to the Village Treasurer and may be recovered by the village in an action at law from the owner or the person, firm, or corporation requesting the service or it may be certified to the County Treasurer and assessed against the premises served and collected or returned in the same manner as other municipal taxes are certified, assessed, collected, and returned. Bills for the sewer use charges made by this section shall be rendered on the first day of each month and all sewer use charges levied by this section which are not paid within 15 days, shall be deemed to be delinquent and the water service of such consumer may be discontinued.
   (K)   Just and equitable. The Chairperson and the Village Board find and determine that the sewerage charges established by this section are just and equitable rates and charges to be paid to the village for the use of such sanitary sewerage system and sewage disposal plant by each person, firm, or corporation whose premises are served thereby.
   (L)   Multiple users. In the event that more than one dwelling unit, commercial establishment, or other separate entity sewer users are supplied through the same sanitary sewer line, the owner of the premises shall pay a rate equal to $_______ per month for each separate dwelling unit connected to the sanitary sewer system.
   (M)   Effective date. The sewer use charges imposed by this section shall commence May 1, 2018.
   (N)   Delinquent date. The cost of utility usage shall be due and payable by the fifteenth of the month in which billing is received.
(Ord. 07-12, passed 10-2-2007; Ord. 2013-13, passed 6-17-2013; Ord. 2018-15, passed 4-10-2018)