925.01 Definitions.
925.02 Enforcement of sewerage rules and regulations.
925.03 Charges authorized for sewerage system.
925.04 Sewer Revenue Fund.
925.05 Sewer charges levied.
925.06 Industrial cost recovery. (Deleted)
925.07 Method of determining sewer charges.
925.08 Billing procedure.
925.09 Unpaid charges to be lien; discontinuance of service; simultaneous certification of sewer and water charges.
925.10 City exempt from charges; fire hydrants.
925.99 Penalty.
CROSS REFERENCES
Service Director to manage and have control over sewerage system -
see Chtr. Art. VII, §4.0
Sewerage rates - see Ohio R.C. 729.49, 729.52
Weekly deposit of sewer rentals collected - see Ohio R.C. 729.52
Sewer regulations - see S.U. & P.S. Ch. 929
Improvements - see S.U. & P.S. 933.05
For the purposes of this chapter and Chapter 929 certain definitions shall be as
follows:
(a) "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
(b) "Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.
(c) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal, also called house connection.
(d) "Capital charges" means those amounts paid by each premise connected to the sewer system to pay the debt service requirements and capital expenditures to enlarge or improve the facilities.
(e) “Chemical Oxygen Demand”, “(COD)” means the quality of oxygen required to oxidize soluble and particulate organic matter in water.
(f) "Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
(g) "Compatible pollutant" means pollutants that the treatment plant was designed to treat, including but not limited to BOD, COD, SS, phosphorus and fecal coliform bacteria.
(h) "Connection charge" means that amount paid by each new premise connected to the sewer system to pay for the City's share of facilities required to serve the premises.
(i) “Cost Recovery Charge” means that amount assessed each user to repay that portion of all construction costs allocable to the collection or treatment of wastes from the users of the wastewater facilities and capacity committed to their use.
(j) "Director" means the Director of Public Service, or, if no person has been appointed to such office, the Clerk-Auditor or other City official who has been assigned the responsibility for administering this chapter.
(k) "Easement" means an acquired legal right for the specific use of land owned by others.
(l) "Floatable oil" means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
(m) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
(n) "Incompatible pollutant" means any pollutant that is not compatible (see subsection (g) hereof).
(o) "Industrial user" means any user of the treatment works identified as a class D industry in the US Department of Labor Standard Industrial Classification Manual.
(p) "Industrial wastes" means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
(q) "Major contributing industry" means an industrial user of the publicly owned treatment works that:
(1) Has a flow of 50,000 gallons or more per average workday;
(2) Has a flow greater than five percent of the flow carried by the city sewer system receiving the waste;
(3) Has in its waste a priority pollutant in excessive amounts as defined in standards issued under the Clean Water Act; or
(4) Is found by the Lucas County Sanitary Engineer, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.
(r) "Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
(s) "Nonindustrial user" means all users of the wastewater facilities not classified as an industrial user (see subsection (o) hereof).
(t) "NPDES Permit" means National Pollutant Discharge Elimination System Permit as issued by the State of Ohio Environmental Protection Agency under authorization issued by the U.S. EPA, Region V.
(u) "Operation, maintenance and replacement costs" means those costs, including labor, materials, supplies, equipment, accessories and appurtenances, required to operate the facilities, keep the facilities in operating condition and maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.
(v) "Person" means any individual, firm, company, association, society, corporation or group.
(w) "pH" means the logarithm of the reciprocal of hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
(x) "Phosphorus" (P) means the total phosphorus content of a sample including all of the orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species, as referred to in "Standard Methods" as total phosphorus.
(y) "Pretreatment" means the treatment of wastewaters from sources before introduction into the treatment works.
(z) "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
(aa) "Public sewer" means a common sewer controlled by a governmental agency or public utility.
(bb) "Recovery period" means thirty years or the useful life of the treatment works, whichever is less.
(cc) "Sanitary sewer" means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
(dd) "Segregated domestic wastes" means wastes which are characterized by a per capita discharge of 100 gallons per day at a loading of 180 mg/1 BOD, 200 mg/1 SS and 9 mg/1 phosphorus (normal domestic sewage).
(ee) "Sewage" means the spent water of a community (see subsection (nn) hereof).
(ff) "Sewage charges" includes all charges made under this chapter and Chapter 929 for the use of the City sewers and wastewater treatment works.
(gg) "Sewer" means a pipe or conduit that carries wastewater or drainage water.
(hh) "Significant user" means any industrial user that will contribute greater than ten percent of the design flow or design pollutant loading of the treatment works.
(ii) "Slug" means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average of twenty-four hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
(jj) "Storm drain" ("storm sewer") means a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
(kk) "Suspended solids" (SS) means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods" and referred to as nonfilterable residue.
(ll) "Unpolluted water" means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
(mm) "User charge" means that amount paid by each premise connected to the wastewater facilities proportionate to the service provided. This charge shall cover all operation, maintenance and replacement costs for the facilities.
(nn) "Wastewater" means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present.
(oo) "Wastewater treatment works" generally means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
(pp) "Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. 106-77. Passed 12-7-77; Ord. 49-2019. Passed 5-20-19.)
The Director shall make and enforce such rules and regulations as he may deem necessary and proper for the enforcement of the provisions of this chapter; the safe, economical and efficient management and protection of the sewerage system.
(Ord. 106-77. Passed 12-7-77; Ord. 49-2019. Passed 5-20-19.)
It is hereby determined and declared to be necessary for the protection of the public health, safety, welfare and convenience of the citizens of the City to establish and collect charges upon all lots, lands and premises served by or having connections with the sewerage system of the City.
(Ord. 106-77. Passed 12-7-77; Ord. 49-2019. Passed 5-20-19.)
The funds received from the collection of the rates and charges provided in Section 925.05 shall be deposited daily with the City Treasurer, who shall keep the same in a separate fund designated Sewer Revenue Fund. Subject to the provisions of any ordinance or indenture of mortgage authorizing and securing the issuance of mortgage revenue bonds for such system, moneys in such Fund shall be used for the payment of the cost and expense of the operation, maintenance, repair and management of the system, and for the payment of debt charges on bonds issued for extensions and improvements of such system and any surplus in such Fund over and above the requirements before mentioned may be used for additions, betterments, enlargement and replacement of the system and parts thereof.
(Ord. 106-77. Passed 12-7-77; Ord. 49-2019. Passed 5-20-19.)
(a) There is levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewer system of the City or otherwise discharging sewage, industrial wastes, water or other liquids either directly or indirectly to the City sewer system, a charge which shall be proportional to the services provided and shall be in accordance with the regulations of the EPA. Charges shall cover the cost of operation, maintenance, replacement, and capital costs, bond and interest redemption and other authorized expenditures.
(1) The user charges shall result in the distribution of operation, maintenance and replacement costs of the treatment works within the jurisdiction of the City to each user in proportion to such user’s contributions to the total wastewater loading of the treatment works. Factors such as strength, volume and delivery flow rate characteristics shall be included to ensure a proportional distribution of the costs.
(2) The charges shall be reviewed annually and revised periodically as required.
(3) The charges shall derive revenue sufficient to meet all costs of operation, maintenance and replacement of the system.
(b) The Director may establish additional classes as determined to be necessary.
(Ord. 17-94. Passed 2-7-94; Ord. 49-2019. Passed 5-20-19.)
(c) (1) Industrial Users. User and capital charges for wastewater treatment service shall be paid by each industrial user connected to the system and shall be computed in accordance with the quantity of water discharged to the system as measured by the City water meter installed thereon or by a sewage meter installed on the discharge pipe therefrom. Charges shall be paid monthly and/or quarterly as follows:
Capital Charge | User Charge | Total | |
City Users | $2.15/1000 gallons | $3.41/1000 gallons | $5.56/1000 gallons |
Non-City User | $2.69/1000 gallons | $4.26/1000 gallons | $6.95/1000 gallons |
Out-of-State User | $3.44/1000 gallons | $5.46/1000 gallons | $8.90/1000 gallons |
(2) Nonindustrial Users. User and capital charges for wastewater treatment services shall be paid by each nonindustrial user connected to the system and shall be computed in accordance with the quantity of water used on such premises as measured by the City water meter installed thereon, or if there is no such water meter, then as estimated by the City. Charges shall be paid monthly and/or quarterly as follows:
Capital Charge | User Charge | Total | |
City Users | $2.15/1000 gallons | $3.41/1000 gallons | $5.56/1000 gallons |
Non-City User | $2.69/1000 gallons | $4.26/1000 gallons | $6.95/1000 gallons |
Out-of-State User | $3.44/1000 gallons | $5.46/1000 gallons | $8.90/1000 gallons |
(Ord. 98-2023. Passed 12-18-23.)
(d) When a considerable amount of water delivered to any premises is not returned to the City’s sewage disposal system, the Director in such case may establish a special basis upon which the sewage disposal charges to such premises will be computed, or upon a determination by either the Director or the customer that the use of direct metering of sanitary sewage flow is necessary or is a more equitable method of determining sewage disposal charges, the Director may order the installation of sanitary sewage meters at the expense of the user.
(Ord. 17-94. Passed 2-7-94.)
(e) Administrative Billing Charge. As there are several hundred sewer customers who receive their bills from the City of Toledo, and the City of Sylvania is billed $5.97 for each bill that is sent by the City of Toledo, an Administrative Billing Charge of $1.99 per month will be added to the bills of all Sylvania Sanitary Sewer District Customers who are billed for these services by the City of Toledo.
(Ord. 10-99. Passed 1-19-99.)
(f) High Strength Surcharge. In addition to the minimum charge and commodity charge given therein any user discharging wastewater of higher strength than that of segregated domestic waste shall pay the following:
Charge/lb. of BOD | above 180 mg/l | $4.99/100 lbs. |
Charge/lb. of COD | above 450 mg/l | $1.99/100 lbs. |
Charge/lb. of SS | above 200 mg/l | $3.32/100 lbs. |
Charge/lb. of phosphorus | above 9 mg/l | $40.14/100 lbs. |
Charge/lb. of floatable oils | Above 100 mg/l | $10.00/100 lbs. |
(g) Over and above the charges established and set forth herein there may be established in special instances and upon special agreement between the City and the owner of any lot, parcel of land or premises served by the system, such additional charges for industrial wastes of unusual strength or composition which are acceptable by the City for treatment as may be determined to be fair and equitable. Each such special agreement and the charges established thereby shall not become effective until ratified by ordinance duly passed by Council.
(h) Each and every bill rendered for sewer discharged shall be paid within twenty days after the same becomes due. Ten percent (10%) additional shall be charged on each and every bill rendered for sewer discharged if not paid within twenty days after the same becomes due, and such delinquent sewer accounts are subject to shut-off at the discretion of the Director.
(i) The Director in and for the City, with the consent of Council, shall have full discretion to determine what premises located outside the corporate limits of the City shall be permitted to maintain connections with the system and also, with the consent of Council, to discontinue the service of the system to any such premises after having given the owner or occupant thereof at least thirty days written notice of the determination to discontinue service.
(Ord. 17-94. Passed 2-7-94; Ord. 49-2019. Passed 5-20-19.)
EDITOR’S NOTE: Former Section 925.06 was deleted by Ordinance 49-2019, passed May 20, 2019.
The following measures shall be used to determine the sewer charges provided by Section 925.05 upon premises served by the system.
(a) On premises having a water meter acceptable to the Director, the quantity of water used, as measured by such meter, shall determine the sewer charge thereon.
(b) On premises where the quantity of water used is not measured by a water meter or is measured by a water meter not acceptable to the Director, the owner shall at his expense install and maintain a water meter acceptable to the Director and the quantity of water used as measured by such meter shall determine the sewer charge thereon as provided herein.
(c) In the event it can be shown to the satisfaction of the Director, with respect to any pool which has been filled or refilled with water pursuant to Section 923.07,that such swimming pool is not connected to the sanitary sewer system and water draining from such a pool cannot enter the sanitary sewer system, then the quantity of water charged and paid for under such Section 923.07, shall be excluded from the total quantity of water used to determine the sewer charge thereon, anything to the contrary in this Code notwithstanding.
(Ord. 106-77. Passed 12-7-77; Ord. 49-2019. Passed 5-20-19.)
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