921.02  USER CHARGE SYSTEM.
   (a)   The City hereby establishes a user charge system for the purposes described herein:
      (1)   Developing a common and proportionate operation, maintenance and replacement charge, per unit of normal domestic stength wastewater, for all users of the public wastewater collection and treatment facilities.
      (2)   Establishing common and proportionate surcharges for extra strength wastewater based on BOD and SS discharges and characteristics of flow.
      (3)   Insuring that all users share the economies of scale and that discounts are not given for volume of contribution.
      (4)   Establishing a system that identifies and isolates, as a minimum: 
         A.   Costs for treatment;
         B.   Costs for interceptor and/or collector system maintenance;
         C.   Costs for services provided;
         D.   Costs for the administration, O&M of the facilities; and
         E.   Separate and distinct elements for other charges such as debt service and local capital costs.
      (5)   Insuring that the user charge system provides sufficient revenues to offset any and all actual costs for the operation and maintenance of such facilities.
      (6)   Insuring that any other political jurisdictions within the service area of such facilities will adopt, implement, and enforce, the user charge system as established herein.
   (b)   The City hereby establishes that there may be five classes of users of the City wastewater collection and treatment facilities, as follows:
      (1)   Domestic:  Any single family residence, or equal user of the City owned wastewater collection and treatment facilities.
      (2)   Commercial:  A class of user who normally contributes primarily segregated domestic wastes, or wastes from sanitary conveniences, into the wastewater collection and treatment facilities; who contributes 25,000 gallons per day or less of sanitary waste, or a volume of process waste or combined sanitary and process wastes, equivalent to 25,000 gallons per day of sanitary waste.
      (3)   Industrial:  Any nongovernmental user of the City owned wastewater collection and treatment facilities which discharges more than 25,000 gallons per day of sanitary waste, or a volume of process waste or combined process and sanitary waste, equivalent to 25,000 gallons per day of sanitary waste; and any other user discharging toxic wastes or contaminants containing slugs, or other discharges affecting the operation and maintenance of the treatment facilities.
      (4)   Institutional:  A class of user who contributes primarily segregated domestic wastes, or wastes from sanitary conveniences, into the City owned wastewater collection and treatment facilities; generally described as hospitals, sanitariums, prisons, etc.; may be excluded from the requirements of industrial cost recovery.
      (5)   Governmental:  A class of user who usually contributes primarily segregated domestic wastes, or wastes from sanitary conveniences, into the City owned wastewater collection and treatment facilities; may be excluded from the requirements of industrial cost recovery.  As applied herein, a municipality is defined as a village, town, city, county,, district, association or other public body (including an intermunicipal agency of two or more of the foregoing entities) created by, or pursuant to State of Ohio law, having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management agency under Section 208 of the Act:  excludes special districts such as school districts, which do not have as one of its principal responsibilites the treatment, transport, or disposal of liquid wastes.
   (c)   The City hereby establishes that, unless otherwise  amended, added to and/or deleted from, as provided herein, the following shall be considered as being the average residential waste discharge in the City sewer service area:
      (1)   An average flow of 100 gallons per capita per day at a loading of 200 milligrams per liter of BOD ad 250 milligrams per liter of SS; or
      (2)   One hundred gallons per capita per day and .17 pounds of BOD and .21 pounds of SS.
   (d)   The City hereby establishes that the City user charge system, based on actual use, shall also meet the following requirements:
      (1)   For the first year of operation, O&M charges shall be based upon past experience of the City.
      (2)   The City shall review annually the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment facilities, and the City user charge system, and, annually as may be required, revise the charges for user or user classes, to accomplish the following:
         A.   Maintain the proportional distribution of O&M costs among users and user classes as required herein.
         B.   Generate sufficient revenue to pay the total O&M costs necessary to the proper O&M of the treatment facilities.
         C.   Apply excess revenues collected from a class of users to the costs of O&M attributable to that class for the next year, and adjust the rates accordingly.
      (3)   The user charge system hereby provides that each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the City's treatment facilities shall pay for such increased costs.
      (4)   The user charge system hereby provides that the costs of O&M for all flow not directly attributable to users, e.g., infiltration/flow, shall be distributed among all users of the treatment facilities in the same manner that it distributes the costs of O&M among users or users classes for their actual use.
      (5)   The user charge system hereby provides that the City shall notify each user, at least annually with a regular bill, of the rates and that portion of the user charges which are attributable to wastewater treatment services.
      (6)   The user charge system hereby disregards any terms or conditions of agreements or contracts between the City and users (including industrial users, special districts, and other municipalities or Federal agencies, or installations, which address the reservation of capacity in the City's wastewater facilities or the charges to be collected by the City in providing wastewater treatment services and which are inconsistent with the Act and Federal Regulations).
      (7)   The user charge system hereby requires nonresidential users to pay the same rate per volume of wastewater that is paid by residential users.  (Ord. 1350.  Passed 11-16-78.)