(A) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
EXCESS SURFACE WATER. An amount of water in excess 10,000 gallons per rain/snow event/occurrence or an amount in excess 100,000 gallons per month.
SURFACE WATER. Water not provided by a water public utility to the property owners within the corporate boundaries within the city and shall include, and not be limited to, precipitation as rain or snow or contents of bodies of water such as ponds, lakes, creeks or rivers.
(B) The City Council authorizes and directs the waste water treatment plant operator to investigate the cause of any excess infiltration of surface water into the waste water collection system of the city. The operator shall determined by use of measuring devices such as “flow meters” the existence and amount of excess surface water entering into the city’s waste water collection system.
(C) The Council directs the waste water plant operator to prepare a written report of the infiltration, amount and cause, to the Mayor. The Mayor shall cause a copy of the report to be delivered to each Council member and to the property owner and/or installer of any connecting device to the city’s waste water treatment system.
(D) After review of the report, the City Council, at a regular scheduled Council meeting, may determine by motion and approval that an excess infiltration of surface water into the city’s waste water treatment system has occurred. The Council may schedule a hearing with notice to the property owner and/or installer to examine the findings of the waste water treatment plant operator.
(E) (1) The City Clerk shall give written notice of any intended subsequent meeting concerning the infiltration of surface water in the city’s waste water collection system to the property owner and/or the installer of the connection to the city sewer collection system.
(2) Said property owner and/or installer shall have the opportunity to present any information, under oath, concerning the infiltration and any deficiency of the waste water plant operator’s written report.
(F) Upon the finding of infiltration of excess surface water in the city’s sewer water collection system upon the owner’s property or through any connection device by the City Council, the property owner and/or installer shall have the exclusive election to pay for the treatment of the excess surface water’s treatment according to existing sewer water treatment rate or to cause the immediate disconnection of the property or connection device. The election is solely within the discretion of the property owner and/or installer of the connecting device. Said election shall be made immediately upon notice of the City Council’s finding of the infiltration of excess surface water infiltrating the city’s waste water treatment system.
(G) Appeals of any decision of the City Council may be filed in the county’s Circuit Court. Said appeal must be made within seven days of the final decision of the City Council or within 30 days if a surety bond has been provided to the city to ensure payment of the expense of surface water treatment for a period of one year.
(H) Upon the failure of the property owner and/or installer to make an election as described in division (E) above, the Mayor shall authorize the disconnection of the connection from the city’s waste water collection system.
(Ord. 013-142, passed 8-26-2013)