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CHAPTER 1046: SEWER CHARGES
Section
   1046.01   Definitions
   1046.02   Imposition of charges
   1046.03   Sewer Revenue Fund
   1046.04   Charges levied
   1046.041   Sewer Billing Review Board
   1046.045   Charges for analytical testing
   1046.05   Additional charges
   1046.06   City of Solon billing charge
   1046.065   Summer Use Adjustment Program
   1046.07   Payment of bills; surcharge for delinquency
   1046.08   Annual review and approval of charges
   1046.09   Remedy of city for nonpayment
   1046.10   Treatment of nonacceptable wastes required
   1046.11   Discharge of nonacceptable wastes prohibited
   1046.12   Homestead Exemption Program
   1046.99   Penalty
   CROSS REFERENCES
   Billing practice re industrial wastes, see §§ 1044.34, 1044.35
   Costs of installations, see § 1042.05
   Industrial waste surcharges, see §§ 1044.31 through 1044.33
   Industrial wastes, see Ch. 1044
   Sewer rates, see R.C. §§ 729.49, 729.52
   Sewers generally, see Ch. 1042
§ 1046.01 DEFINITIONS.
   Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows or as defined in § 1044.02.
   (a)   ACCEPTABLE INDUSTRIAL WASTES. Liquid organic waste materials not containing toxic or explosive elements or other substances injurious to sewers or sewerage treatment processes or otherwise in violation of the provisions of Chapter 1044, which result from any commercial, manufacturing or industrial operation or process.
   (b)   DEBT SERVICE. The payment requirements to retire the water reclamation facility debt through cash generated during the period of time that the debt is outstanding. An incremental charge for the recovery of debt service may be added to the user charge.
   (c)   NONACCEPTABLE INDUSTRIAL WASTES. Liquid wastes in which are incorporated minerals, oils, acid, toxic, metallic or chemical substances resulting from any commercial, manufacturing or industrial operation or process.
   (d)   OPERATION AND MAINTENANCE COSTS. All expense of collecting, pumping, treating and disposing of wastewater.
   (e)   REPLACEMENT COSTS. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. Unless specifically excluded, the term “operation and maintenance” includes replacement.
   (f)   SANITARY SEWERAGE. The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellars, floor drains, bars, soda fountains, cuspidors, refrigerator drips and drinking fountains, and any other water-borne waste not constituting an industrial waste.
   (g)   SUMMER QUARTERS. The third and fourth quarters. The third quarter is approximately April 20th through May, June to July 20, and the fourth quarter is approximately July 20 through August, September to October 20. These are defined based on water meter read dates performed by Cleveland Division of Water to be utilized in the Sewer Summer Use Adjustment Program, unless as otherwise specified in § 1046.065.
   (h)   USERS CHARGE. The charge to each recipient of waste treatment services within the city’s service area representing a proportionate share of the costs of operation and maintenance, including replacement of all waste treatment service provided.
   (i)   USERS CLASS. The division of users within the city’s service area, by the origin of the sewage discharged and by the similarity of the function of such users.
   (j)   WINTER QUARTERS. The first and second quarters. The first quarter is approximately October 20 through November, December to January 20, and the second quarter is approximately January 20 through February, March to April 20. These are defined based on actual water meter read dates performed by Cleveland Division of Water to be utilized in the Sewer Summer Use Adjustment Program.
(Ord. 1980-138, passed 4-6-1981; Ord. 2011-13, passed 1-18-2011)
§ 1046.02 IMPOSITION OF CHARGES.
   It is hereby determined and declared to be necessary for the due protection of the public health, safety and welfare of the city to operate the sewerage system of the city, or as hereafter enlarged or improved, as a public utility, and to establish and collect use charges for the use of the system upon all lots, lands and premises serviced by or having connection with the system. It is further determined and declared to be necessary that the establishment and collection of such use charges shall be in compliance with the United States Environmental Protection Agency rules and regulations as published in the Federal Register, August 21, 1973 (38 C.F.R. Part 22523) and subsequent amendments thereto.
(Ord. 1980-138, passed 4-6-1981)
§ 1046.03 SEWER REVENUE FUND.
   The funds received from the collection of the rates and charges hereinafter provided shall be deposited as received with the Director of Finance, who shall keep the same in a separate fund designated Sewer Revenue Fund. Subject to the provisions of the ordinance and indenture of mortgage securing mortgage revenue bonds for the system, monies in the Fund shall be used for the payment of the cost and expense of the operation, maintenance, replacement, repair and management of the system and for payment of debt charges on bonds issued for extensions and improvements of the system, provided, however, that the sums of money established by the federally approved user charge system as necessary for replacement costs shall be used solely for replacement parts or equipment or shall be deposited in a Replacement Fund to be used for the purpose of replacement as defined in § 1046.01(e). In no event shall any of the monies be used for any other purpose which would be contrary to the purposes permitted under R.C. § 729.52.
(Ord. 1980-138, passed 4-6-1981)
§ 1046.04 CHARGES LEVIED.
   For the purposes provided in § 1046.02, there is hereby levied and charged upon each lot, parcel of land or premises having a connection available with the system, or otherwise discharging sewerage, industrial wastes, water or other liquids either directly or indirectly into the system, sewer charges payable as hereinafter provided, based on actual water consumption per 1,000 cubic feet, or portions thereof, and in amounts to be determined as follows.
   (a)   (1)   For industrial, commercial and residential users that have water meters showing actual water consumption, whether privately owned or connected to a public water supply, the rate shall be as follows:
 
Year
Sewer Use (per 1,000 cubic feet of water)
Homestead (per 1,000 cubic feet of water)
2023
$41.37/MCF
$31.02/MCF
2024
$41.37/MCF
$31.02/MCF
 
      (2)   New rates become effective for the first full billing quarter of that year.
      (3)   If any such user can show, to the satisfaction of the Sewer Billing Review Board (see § 1046.041), that a substantial portion of the water so metered does not enter the sewerage system, a credit may be allowed to such user in an amount determined by the Board to be fair and reasonable and in accordance with the proof furnished by the user and as corroborated by independent investigation of the Sewer Review Board.
(Ord. 2009-245, passed 10-5-2009; Ord. 2010-248, passed 11-15-2010; Ord. 2011-13, passed 1-18-2011; Ord. 2011-207, passed 11-7-2011; Ord. 2015-190, passed 10-5-2015; Ord. 2016-209, passed 12-19-2016; Ord. 2018-282, passed 12-17-2018; Ord. 2020-172, passed 11-16-2020; Ord. 2023-38, passed 2-6-2023)
   (b)   (1)   Residences, per unit, and apartments, per unit, which do not have water meters and are, therefore, not charged under division (a) hereof, shall be charged as follows:
 
Year
Sewer Use (per quarter)
Homestead (per quarter)
2023
$103.95
$77.97
2024
$103.95
$77.97
 
      (2)   All other users of the system, including retail, commercial and industrial establishments, which are not connected to a public water supply and metered, shall be required to install water meters and shall pay the sewer service charge specified in division (a) hereof. During any period when meters are not available to retail, commercial and industrial establishments, the charge shall be as follows:
 
Year
Sewer Use
Homestead
2023
$71.49
N/A
2024
$71.49
N/A
 
(Ord. 1998-16, passed 1-20-1998; Ord. 2002-224, passed 10-7-2002; Ord. 2003-126, passed 5-19-2003; Ord. 2004-212, passed 11-15-2004; Ord. 2011-13, passed 1-18-2011; Ord. 2012-10, passed 1-17-2012; Ord. 2015-190, passed 10-5-2015; Ord. 2016-209, passed 12-19-2016; Ord. 2018-282, passed 12-17- 2018; Ord. 2020-172, passed 11-16-2020; Ord. 2023-38, passed 2-6-2023)
   (c)   The rates of surcharge for each pollutant as listed in § 1044.31 to be applied to quantities in excess of the limitations as set forth therein shall be as follows:
 
Pollutant
Total Rate/Pound
(1)
BOD
0.206
(2)
Suspended solids
0.259
(3)
Phosphorous (TP)
2.073
(4)
Ammonia (NH3)
1.296
(5)
Oil and grease
0.509
 
(Ord. 1998-22, passed 2-2-1998; Ord. 2002-32, passed 2-4-2002; Ord. 2007-102, passed 4-16-2007; Ord. 2010-134, passed 6-7-2010; Ord. 2011-13, passed 1-18-2011; Ord. 2014-108, passed 6-16-2014; Ord. 2021-75, passed 4-19-2021; Ord. 2022-92, passed 4-18-2022; Ord. 2023-88, passed 4-17-2023)
   (d)   The charge for taking samples as required in § 1044.26 shall be $60 for each day, or part thereof, that such samples are taken.
(Ord. 1991-214, passed 11-4-1991; Ord. 1997-123, passed 12-15-1997)
   (e)   The charge for an initial connection to the city sanitary sewer system shall be payable in advance of such initial connection at the following rates:
Application Type
Current Charges
Application Type
Current Charges
Residential
NOTE: Additional fees may apply in restricted sewer districts
Multi-family/two-family
 
   One bedroom
$1,812.50 per unit
   Two bedroom
$2,175 per unit
   Three bedroom
$2,537.50 per unit
Single-family residence
$2,900 per unit
Nursing homes, assisted living
$1,087.50 per resident/patient
   Business - Commercial
NOTE: Additional fees may apply for Commercial, Industrial, Office facilities with showers, wash bowls, and vehicle washing facilities
Beauty salons, spas, barber shops
$1,000 per basin or $3,000 whichever is greater
Nail salons
$225 per basin or $3,000 whichever is greater
   Business - Commercial
Dry cleaners with laundry service
$2,250 per washing machine
Laundries/laundromat per machine
$2,900 per washing machine
Exercise/fitness studios & centers, athletic clubs, health clubs - without showers
$50 per occupant based on maximum occupancy or $3,000 whichever is greater
Exercise/fitness studios & centers, athletic clubs, health clubs - with showers
$75 per occupant based on maximum occupancy or $3,000 whichever is greater
Financial institutions, banks
$145 per employee or $3,000 whichever is greater
Medical facilities - overnight
$2,175 per bed or $3,000, whichever is greater
Medical facilities - outpatient (including medical & dental offices)
$580 per examining room or $3,000, whichever is greater
Restaurants
   Fast food, fast casual
$181.25 per seat or $3,000, whichever is greater
   Full service
$181.25 per seat or $3,000, whichever is greater
   Take-out (only)
$3,000
   Seasonal seating
25% of regular fee per seat
Retail stores (per employee)
$145 per employee or $3,000, whichever is greater
   Business - Industrial, Office
Industrial buildings
$181.25 per employee or $3,000, whichever is greater
Office
$145 per employee or $3,000, whichever is greater
Storage facilities
$145 per employee or $3,000, whichever is greater
Paratransit
$181.25 per employee or $3,000, whichever is greater
   Educational facilities
K-12, colleges, universities, trade schools, business schools
$145 per pupil or $3,000, whichever is greater
Child day care, pre-school, early education
$108.75 per pupil or $3,000, whichever is greater
Animal day care
$45.00 per kennel/cage or $3,000, whichever is greater
   Miscellaneous
Assembly halls, conference centers, private clubs, cultural centers - without food service
$14.50 per seat or $3,000, whichever is greater, based on maximum seating
Assembly halls, conference centers, banquet centers, private clubs, cultural centers - with kitchen service
$50 per seat or $3,000, whichever is greater, based on maximum seating occupancy
   Miscellaneous
Golf courses
$145 per employee + $28 per parking space
Golf courses with kitchen service
$145 per employee + $50 per parking space
Bowling alleys
$543.75 per lane or $3,000, whichever is greater
Outdoor/Indoor games and recreational activities
$145 per employee + $28 per parking space or $3,000, whichever is greater
Outdoor/Indoor games and recreational activities with kitchen service
$145 per employee + $50 per parking space or $3,000, whichever is greater
Government buildings, post office
$145 per employee or $3,000, whichever is greater
Funeral homes
$72/100 sq. ft. or $3,000 whichever is greater
Movie theaters
$36.25 per seat
Museums, art galleries
$21.50 per parking space or $3,000 whichever is greater
Public transportation
$145 per employee + $28 per parking space or $3,000, whichever is greater
Religious institutions/places of worship
$36.25 per seat or $3,000, whichever is greater
Motels, hotels and substantially similar uses
$725 per unit or $3,000, whichever is greater
Swimming pools
$21.75 per swimmer based on maximum design capacity of $3,000 whichever is greater
   Vehicles/Transportation
Service stations, gas stations, vehicle repair & maintenance
$3,625 per pump island and/or per maintenance bay
Towing facilities
$145 per employee or $3,000, whichever is greater
Vehicle washing facilities, car washes
If recycled water used, rates below reduced by 50%
   Conveyor
$54,568 per bay
   In-bay
$29,000 per bay
   Self-serve
$8,600 per bay
If application type is not listed above, the City of Solon, in its sole discretion, will determine the substantially similar use that will apply
For purposes of this fee schedule, the number of employees shall be calculated with the following ratios: Office: 1:200, Manufacturing 1:800, Warehouse 1:1200. All others will be calculated on max employees working per day.
 
 
(Ord. 2017-131, passed 8-7-2017; Ord. 2024-203, passed 11-18-2024)
   (f)   The charge for an increase in sanitary flow from an existing source caused by an expansion or change of use shall be calculated only in accordance with the per unit formula listed in division (e) of this section for the designated use and the alternate flat fee shall not apply.
      (1)   The Director of Finance is hereby authorized and directed to deposit and apply all fees collected hereunder in the Replacement and Improvement Fund for the sewer system. Expenditures from this Fund shall include, but not be limited to, expenditures for the improvement, modification or expansion of the water reclamation plant or sewer collector system.
      (2)   To facilitate the expansion of the city’s sewer system and in consideration of additional costs for closing existing residential septic systems and connecting to newly available sewer lines, an allowance of $2,900 shall be applied against the fee required under this section to property owners who are required to close existing residential septic systems and tie into newly available lines under § 1042.07, provided that such connection is made within 120 days from the date of receipt of notice to connect to the system, unless a shorter time period is mandated by a state or county regulatory authority.
(Ord. 1995-22, passed 3-20-1995)
   (g)   Residential users who are required to connect to newly constructed extensions of the sewerage system shall be afforded a four-month period from the date of notice to connect to the system.
   (h)   When the owner of a parcel of land desires to connect to any sewerage system operated by the city and it is determined that such parcel of land or any part thereof was not assessed, for any reason, at the time of the levying of the assessments for the payment of the sewerage system or sewage treatment plant into which the connection is desired, such owner shall be required to pay to the city, in addition to any other connection charges levied under this chapter, a sum equal to the amount which such parcel of land would have been assessed under the method of assessment used when the original assessments were levied.
   (i)   The foregoing connection charges shall not apply to existing lots for which a builder has contracted to build a house.
   (j)   All connection charges calculated using the parameters noted above shall be tripled for entities outside of the city that are granted permission to connect to the city’s sewer system.
(Ord. 1995-22, passed 3-20-1995; Ord. 2005-152, passed 6-20-2005; Ord. 2006-2, passed 2-6-2006; Ord. 2006-25, passed 2-6-2006; Ord. 2006-161, passed 12-4-2006; Ord. 2011-13, passed 1-18-2011; 2023-88, passed 4-17-2023)
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