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RATES, FEES AND CHARGES
§ 50.110 RATIONALE.
   It is recognized that use of the system requires payment of costs of providing the services of the system. Such costs include not only the day-today operation and maintenance costs, but also the costs incurred to construct and install the system components, the cost to undertake reasonably foreseeable repairs and replacement and the like. When the system components were designed and constructed, they necessarily needed to be sized to accommodate all foreseeably possible usage of the system from a premises and so the system is available to accommodate such reasonably foreseeable usage. Accordingly, certain charges are imposed regardless of actual usage while other charges recognize that those who actually make more use of the system should pay more.
(Ord. passed 7-10-2013)
§ 50.111 RESOLUTION ESTABLISHING.
   (A)   The rates, fees and charges, including, but not limited to, the residential equivalent unit/benefit charges as calculated utilizing the township schedule of benefits table, for permits issued pursuant to this chapter, and for connection to and use of the system shall be in such amounts as are established by resolution of the Township Board.
   (B)   Such rates, fees and charges shall be established in amounts sufficient to pay all costs of the operation, maintenance and repair of the system and any amounts required to be paid or maintained under the terms of any bonds or other obligations of indebtedness of the system, including, without limitation, a fund balance reasonably anticipated to be sufficient to fund reasonably anticipated equipment replacement and emergency repairs of the system.
   (C)   The use of a meter on the premises to calculate flow for the purpose of billing for use may be at the option of the property owner if they have two or more REUs but the township reserves the right to require a meter for users if it is deemed necessary to properly bill that customer for operational cost.
   (D)   Such rates, fees and charges may, in the discretion of the Township Board include the following in such amounts or at such rates as determined by the Township Board:
      (1)   Permit fees in amounts as are reasonably determined to cover the costs of permit issuance, inspection and enforcement;
      (2)   Connection fees in amounts reasonably determined to be sufficient to pay some of the capital and/or debt retirement costs of the system;
      (3)   Flat rate sewer use charge per REU;
      (4)   Readiness to serve charges or debt service charges based upon residential equivalent units, meter size or other methodology as determined by the township in amounts reasonably determined to be sufficient to pay some of the capital and/or debt retirement costs of the system and/or all or a portion of the operation, maintenance, repair and replacement costs of the system;
      (5)   Commodity or usage charges in amounts reasonably determined to be sufficient to pay some of the capital and/or debt retirement costs of the system and/or all or a portion of the operation, maintenance, repair and replacement costs of the system; and
      (6)   Special rates, fees and charges in amounts and on such basis as is reasonably determined to be sufficient to pay the costs of special services.
   (E)   At least annually the township shall review the rates, fees and charges and adjust them as necessary to meet the requirements of this section.
   (F)   Irrigation systems may be connected before the meter or be metered separately and used as a deduct meter because that flow will not be going into the sewer system and should not be part of the metered use.
   (G)   No free service shall be furnished by the system to any person, firm or corporation, public or private, or to any public agency or instrumentality.
(Ord. passed 7-10-2013)
§ 50.112 BILLING AND COLLECTION.
   (A)   When system rates, fees and charges are not timely paid, it is necessary to re-bill, to undertake other procedures required by this subchapter, to prepare separate notices and accountings and undertake other tasks that are not needed if they are timely paid. In addition, the other system users essentially subsidize the non-paying or late paying user’s use of the system. The system is not established, operated or well-adapted to provide financing services for its users. Accordingly, charges are made to compensate the system for the costs incurred due to untimely payments.
   (B)   Bills will be rendered at such intervals as are determined by resolution of the Township Board, but not less frequently than quarterly.
   (C)   Bills shall be due and payable without interest or late fee at such time after billing as is stated on the bill, provided not less than 15 days shall be given for such payment after the billing date.
   (D)   Bills not paid by the due date shall bear interest at such rate and be subject to a rebilling fee as determined by the Township Board.
   (E)   Service, installation, inspection, use and material rates, fees and charges, including late fees and interest due thereon, shall constitute a lien on the premises served from the date of such service unless the township is served with written notice that a tenant is responsible for such charges. The township official or officials in charge of the collection shall annually, not later than September 1 of each year, certify to the Tax Assessing Officer of the township the fact and the amount of the delinquency in payment for sewer services to the property. Such lien shall have the same priority and shall be collectible in the same manner as delinquent ad valorem real property taxes. If the township is provided with notice in writing, including a copy of the lease of the affected premises, that a tenant is responsible for the sewer charge, the Township Board may require as a condition to rendering sewer services to such premises a cash deposit equal to service charges at current rates for three months (one quarter) as security for the payment of service charges.
   (F)   In addition to the other methods of collection and enforcement provided in this rule or in law or at equity, the township may, after notice of its intention to do so and of the opportunity for a hearing to show cause why it should not occur, have the right to shut-off sewer service to any premises for which rates, fees and charges for sewer service are not paid by the due date, and such service shall not be re-established until all delinquent charges, interest, penalties and a turn-on charges, to be specified by the township, have been paid.
   (G)   In addition to the other methods of collection and enforcement provided in this rule or in law or at equity, the township shall have the option of collecting all rates, fees, charges, interest and late fees due pursuant to this chapter by legal proceedings in a court of competent jurisdiction.
(Ord. passed 7-10-2013)
§ 50.999 PENALTY.
   (A)   (1)   A violation of this chapter shall make the violator, including without limitation the owner of the property in violation or on which the violation occurs, liable for a civil fine up to $1,000, or other amount allowed by law for each violation of any pretreatment standard or requirement.
      (2)   The following rules apply to violations:
         (a)   Each day that a violation continues shall constitute a separate offense;
         (b)   Each substance or quantity discharged into the system in violation of §§ 50.065 through 50.072 shall constitute a separate offense;
         (c)   A separate violation occurs for each pollutant that exceeds an applicable discharge limitation or pretreatment standard;
         (d)   If a user is in noncompliance with any discharge limitation or pretreatment standard that is a monthly average, 30-day average, seven day average or other daily average, then the user has one violation on each day of the averaging period;
         (e)   If for any period a user has violated both a maximum and an average discharge limitation or pretreatment standard for a particular pollutant, then the total number of violations is the sum of the days on which the maximum standard was violated and the days in the averaging period; and
         (f)   One violation occurs on:
            1.   Each day that a report is late; and
            2.   Each day after an action required to be completed is not completed.
   (B)   A person who violates § 50.093(A) is guilty of a misdemeanor, punishable by imprisonment for not more that 90 days, or a fine of not more than $500, or both. Each violation constitutes a separate and distinct offense.
   (C)   A person who violates § 50.093(B) is guilty of a misdemeanor, punishable by imprisonment for not more that 90 days, or a fine of not more than $500, or both. Each violation constitutes a separate and distinct offense.
(Ord. passed 7-10-2013)