600.03 Further Appeal

   Decisions of the Director are final appealable orders of the City pursuant to ORC Chapter 2506.

CHAPTER 601 STORM WATER DISCHARGE APPEAL

601.01 Standing to appeal

   The right to appeal is pursuant to TMC § 941.09. Only a storm water discharger affected by a final action or order of the Commissioner or division head of the Division of Environmental Services, as the Director's designee, has standing to appeal.

601.02 Administrative Hearing

   A.   Appeal Contents. Subject to § 601.01, a storm water discharger may challenge the final action or order by filing an appeal within thirty (30) days of notice of said action or order at the Division of Environmental Services. The appeal must be in a form as required by the Division of Environmental Services and, at a minimum, shall state in writing the shall set forth the specific action or order complained, the specific bases for the appeal, and all supporting documentation necessary to support such bases for the relief sought. The filing of an appeal does not automatically suspend or stay execution of the appealed action.

   B.   The Hearing. At an administrative hearing, the Customer will bear the burden of proof that the final action or order was clearly unreasonable or illegal. The Customer will present his or her case at the administrative hearing and provide all proof or documentation to justify the claim for relief. The Division of Environmental Services will also present a case that responds to the Customer's case. The administrative hearing will be presided over by an Administrative Hearing Officer appointed by the Director.

   C.   The Decision. Within forty-five (45) days following the hearing, the Administrative Hearing Officer shall issue a written decision on the appeal setting forth findings of fact and conclusion of law. A copy of the report shall be mailed to the storm water discharger and any other parties to the appeal.

   D.   Further Appeal. Decisions of the Administrative Hearing Officer are final appealable orders of the City pursuant to ORC Chapter 2506.

ATTACHMENT 1 FEE SHEET OF THE DIRECTOR OF PUBLIC UTILITIES

All fees and charges marked with * are subject to cumulative annual adjustments based on the latest Consumer Price Index reported by the US Bureau of Labor Statistics for CPI-U, Midwest Region, all items (1982-84=100), but in no event shall be less than as stated below.

MISCELLANEOUS BILLING/SERVICE CHARGES

EQUIPMENT OR SERVICE	DETAIL	CHARGE
Access Charge	App. C. § 200.03(F)	As determined by Director
Adapters	1" to 5/8"	$13.00
	1" to ¾"	$12.00
	1 ½ " to 1"	$80.00
Alternative Meter Annual Inspection Fee*		$150.00
Alternative Meter Application		$150.00
Billing Service Rate*	App. C. §§ 102.05 and 201.04	$8.80
Collection Agency Charges (added directly to delinquencies)		Variable: dependent upon contract.
Construction Water Account - Service Charge	App C § 108.09(D)	At least three (3) times the estimated water consumption figure going back to the date of the tap.
Contract for Service Add-Ons		$15.00
Contract for Service Application		$25.00
Copy Charge (per page)	TMC § 108.02	Greater of $0.05 or actual cost
Customer-missed appointment		$25.00
Customer Requested meter inspection		$25.00
Deposit (Utility Service)	See App. C. § 101.02(D)(2)	200% of estimated billing based on meter size and anticipated consumption
Duplicate Bill (per page)		$1.00
Escrow Fee		$1.00
Estimated Final Bill (forced)	See also App C § 102.01(E)(1)	$100 minimum
Estimated Meter Read Charge for Lack of Remote	See also App C § 102.01(B)	$100 minimum
Field Trip/ No Access	Regular Service	$25.00
	Large Service	$40.00
Flow Testing		$150.00
Hose Rack Opening	App. C § 202.10(C)	Monthly charge equal to that charged for each private fire hydrant on a fire system as determined by Department
Hydrant Meter Rental	1" (See App. C. § 203.01(C))	$300.00 deposit plus $1.00 per day ($30.00 minimum)
	3"	$900.00 deposit plus $3.00 per day ($30.00 minimum)

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
Hydrant Meter Rental - Confiscation	App. C. § 203.01(D)	As determined by Director
Hydrant Meter Rental - Failure to Return	App. C. § 203.01(D)	As determined by Director
Hydrant Meter Rental - Metered water usage fee	App. C. § 203.01(F)	As determined by Director
Hydrant Meter Rental - Minimum Water Use Fee	App. C. § 203.01(F)	As determined by Director
Hydrant Meter Rental - Special Winter Use Permit	App. C. § 203.01(D)	As determined by Director
Items not mentioned		Cost plus 25% or as determined by Director
Late Payment Charge		5%
Lien Charge		10% of total amount lined
Locking Ball Valve Violation		$200.00
Meter 5/8"*	With Orion transmitter	$150.00
	With Generator/ROM	$75.00
Meter 3/4"*	With Orion transmitter	$175.00
	With Generator/ROM	$100.00
Meter 1"*	With Orion transmitter	$230.00
	With Generator/ROM	$160.00
Meter 1 ½ "*	With Orion transmitter	$425.00
	With Generator/ROM	$350.00
Meter 2"*	Compound	$1700.00
	Turbo	$860.00
Meter 3"*	Compound	$1930.00
	Turbo	$1100.00
Meter 4"*	Compound	$3120.00
	Turbo	$1650.00
Meter 6"*	Compound	$4300.00
	Turbo	$3400.00
Meter 8"*	Compound	$7380.00
	Turbo	$4330.00
Meter 10"*	Compound	Price to be determined at time of purchase
	Turbo	Price to be determined at time of purchase

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
Meter 12"*	Compound	Price to be determined at time of purchase
	Turbo	Price to be determined at time of purchase
Meter - Frozen, Damaged or Missing		Billed at replacement cost for appropriate meter size
Meter Test Charge*	5/8", 3/4", 1"	$50.00
Missing Radio Transmitter		$50.00
Missing Remote Register	(5/8", 3/4", 1")	$15.00
Missing Radio Transmitter	Turbo	Price to be determined at time of purchase
Missing Wrench		$100.00
Payment Agreement	Regular	$5.00
	Senior Discount	$5.00 charge waived
Plumber's bond	See App. C § 200.15(A)	As determined by Director
Radio Transmitter Installation	See App C § 201.15(B)	No charge for first radio transmitter if new construction; otherwise as determined by Director
Radio Transmitter Remove, Test & Reinstall Fee	See App C § 201.15(E)	As determined by Director
Radio Transmitter Repair Fee	See App C § 201.15(D)	As determined by Director
Reconnect/Disconnect	Regular Service	$25.00
	Large Service	$40.00
Remote Demand Violation		$100.00
Remote Register Installed & Set*	5/8", 3/4", 1" See App C § 201.15(C)	No charge for first remote meter installation; otherwise $25.00
Remote Register Remove, Test & Reinstall Fee	See App C § 201.15(E)	As determined by Director
Remote Register Repair Fee	See App C § 201.15(D)	As determined by Director
Returned Check		$30.00
Right-of-Way Opening Permit	See TMC § 127.05(f)	As determined by Director
Right-of-Way Protection Bond	See TMC §§ 903.07, 911.05
	Residential	$1,000.00
	Commercial	$2,500.00
Right-of-Way Protection Bond Fee	See TMC §§ 903.07
	Residential	$24.00
	Commercial	$36.00
Septic - Domestic Waste Hauler Bond	Small Hauler (See App. C § 300.01(D))	$1,000 min, subject to final determination
	Large Hauler (See App. C § 300.01(D))	$5,000 min, subject to final determination
Septic - Discharge Tickets Administrative Fee*	2010 (calendar year)	$21.00 per ticket
Septic - Industrial High Strength Surcharge Rate*	2010 (calendar year)	$70.14/1,000 gallons plus $6.00 per ticket charge
	2011 (calendar year)	$77.20/1,000 gallons plus $6.00 per ticket charge, subject to greater of CPI adjustment or engineering cost estimate
Septic Hauler Permit	See App C § 300.01(B)	As determined by Director

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
Service Repairs, Construction and New Construction	See App C § 200.06	At cost as determined by Director, including indirects
Service Request - Same Day		$50.00
Sewer Cleaners License (annual)	See TMC § 927.14	$150.00
Sewer Cleaners Test	Test Fee	$100.00
Sewer Cleanout Inspection Permit*	See TMC § 127.05(d)	$120.00
Sewer Kill	See App C § 107.03(A)(1)	As determined by contract.
Sewer Kill Inspection Permit*	See TMC § 127.05(c)	$381.00
Sewer Metering Fees	Installation and Approval	$100.00
	Calibration	$400.00
	Security Seal(s) reinstallation	$50.00
Sewer Repair Inspection Permit*	See TMC § 127.05(b)	$120.00
Sewer Tap Inspection Permit*	See TMC § 127.05(a)	$240.00
Sewer Tapper License (annual)	See TMC § 927.04	$210.00
Sewer Tapper Test	Test Fee	$100.00
Sidewalk Contractor Bond	See TMC § 911.05	$3,000 annually per license
Sidewalk/Driveway/Curb	See TMC § 911.09
Construction Permit
	< 40 SF	$20.00
	40-100 SF	$40.00
	> 100 SF	$60.00
Sidewalk/Driveway/Curb Contractor License	See TMC § 911.07	$100.00
Spacers	5/8"	$1.00
	3/4"	$2.00
	1"	$3.00
Subdivision Plan Review & Inspection Fee	See App. C. § 205.04(B); App. C. § 501.03; TMC § 127.06	As determined by Director
Subdivision Plat Review & Approval	See App. C. § 501.03; TMC § 127.08	As determined by Director
Sub-space Construction Permit	See TMC § 913.06	$0.30 for each and every cubic foot of space under the Street or as established by the Department of Inspection
Sub-space Inspection / Sub-space Occupancy Permit	See TMC §§ 913.02 and 913.10	Combined Fees:
	Sub-space occupancies of < 6 lineal feet of space under any street	$60.00 annually
	Sub-space occupancies of 6-25 lineal feet of space under any street	$90.00 annually
	Sub-space occupancies of 25-100 lineal feet of space under a street	$120.00 annually
	Sub-space occupancies of > 100 lineal feet of space under a street	$150.00 annually
Sub-space Insurance Policy/Bond	See TMC § 913.04(d)	$50,000
Tail Pieces (each)	5/8"	$7.00
	3/4"	$6.00
	1"	$10.00
Unauthorized Use of Services	Per incident	$200.00 min., as determined by Director
Theft of Utility Service (including Tampering/Water Loss/Utility Services Loss Investigation)	Per incident	$500.00 min., as determined by Director
Water Kill	See § 107.03(A)(1) 2" or less	As determined by contract.
	4" or more	As determined by contract.
Water Kill Inspection Permit*		$491

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
Water Plan Review & Inspection*	0-100 length of service (ft)	$1100.00 (Plus 10% surcharge outside city), subject to adjustment
	101-200 length of service (ft)	$1250.00 (Plus 10% surcharge outside city), subject to adjustment
	201-300 length of service (ft)	$1400.00 (Plus 10% surcharge outside city), subject to adjustment
	301-400 length of service (ft)	$1700.00 (Plus 10% surcharge outside city), subject to adjustment
	401-500 length of service (ft)	$1850.00 (Plus 10% surcharge outside city), subject to adjustment
	501-600 length of service (ft)	$2000.00 (Plus 10% surcharge outside city), subject to adjustment
	601-700 length of service (ft)	$2150.00 (Plus 10% surcharge outside city), subject to adjustment
	701-800 length of service (ft)	$2300.00 (Plus 10% surcharge outside city), subject to adjustment
	801-900 length of service (ft)	$2450.00 (Plus 10% surcharge outside city), subject to adjustment
	901-1000 length of service (ft)	$2600.00 (Plus 10% surcharge outside city), subject to adjustment
	1001-1100 length of service (ft)	$2950.00 (Plus 10% surcharge outside city), subject to adjustment
	1101-1200 length of service (ft)	$3100.00 (Plus 10% surcharge outside city), subject to adjustment
	1201-1300 length of service (ft)	$3250.00 (Plus 10% surcharge outside city), subject to adjustment
	1301-1400 length of service (ft)	$3400.00 (Plus 10% surcharge outside city), subject to adjustment
	1401-1500 length of service (ft)	$3550.00 (Plus 10% surcharge outside city), subject to adjustment
	1501-1600 length of service (ft)	$3700.00 (Plus 10% surcharge outside city), subject to adjustment
	1601-1700 length of service (ft)	$3850.00 (Plus 10% surcharge outside city), subject to adjustment
	1701-1800 length of service (ft)	$4000.00 (Plus 10% surcharge outside city), subject to adjustment
	1801-1900 length of service (ft)	$4150.00 (Plus 10% surcharge outside city), subject to adjustment
	1901-2000 length of service (ft)	$4300.00 (Plus 10% surcharge outside city), subject to adjustment
	2001-2100 length of service (ft)	$4450.00 (Plus 10% surcharge outside city), subject to adjustment
	2101-2200 length of service (ft)	$4600.00 (Plus 10% surcharge outside city), subject to adjustment

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
	2201-2300 length of service (ft)	$4750.00 (Plus 10% surcharge outside city), subject to adjustment
	2301-2400 length of service (ft)	$4900.00 (Plus 10% surcharge outside city), subject to adjustment
	2401-2500 length of service (ft)	$5050.00 (Plus 10% surcharge outside city), subject to adjustment
	2501-2600 length of service (ft)	$5200.00 (Plus 10% surcharge outside city), subject to adjustment
	2601-2700 length of service (ft)	$5350.00 (Plus 10% surcharge outside city), subject to adjustment
	2701-2800 length of service (ft)	$5500.00 (Plus 10% surcharge outside city), subject to adjustment
	2801-2900 length of service (ft)	$5650.00 (Plus 10% surcharge outside city), subject to adjustment
	2901-3000 length of service (ft)	$5800.00 (Plus 10% surcharge outside city), subject to adjustment
	3001 or greater length of service (ft)	$5800.00 plus $150.00 per 100 feet (Plus 10% surcharge outside city), subject to adjustment
Water Taps*	1"	$1800.00 (Plus 10% surcharge outside city), subject to adjustment
	1 ½ "	$3000.00 (Plus 10% surcharge outside city), subject to adjustment
	2"	$3200.00 (Plus 10% surcharge outside city), subject to adjustment
	Over 4" (4x4)	$1400.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (6x4)	$1400.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (6x6)	$1800.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (8x4)	$ 1500.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (8x6)	$1750.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (8x8)	$2000.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (10x4)	$1500.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
	Over 4" (10x6)	$1750.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (10x8)	$2100.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (10x10)	$3000.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (12x4)	$1500.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (12x6)	$1750.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (12x8)	$2150.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (12x10)	$3000.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (12x12)	$3850.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by City.
	Over 4" (16x4)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (16x6)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (16x8)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (16x10)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (16x12)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (20x4)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (20x6)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (20x8)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (20x10)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.

 

EQUIPMENT OR SERVICE	DETAIL	CHARGE
	Over 4" (20x12)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (24x4)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (24x6)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (24x8)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (24x10)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (24x12)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (30x4)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (30x6)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (30x8)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (30x10)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (30x12)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (36x4)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (36x6)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (36x8)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (36x10)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.
	Over 4" (36x12)	$1200.00 (Plus 10% surcharge outside city), subject to adjustment. Tapping sleeve & valve supplied by contractor.

 

ATTACHMENT 2 JUDGMENT ENTRY (BY CONSENT) McDOWELL v. TOLEDO

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