(A) The City of Valparaiso Wastewater Service Area is hereby defined and established as those areas within the corporate boundaries of the city, as well as certain areas within ten miles outside the city's boundaries, excluding any area within the authorized service area of another wastewater utility. A map and description detailing the Wastewater Service Area is attached to Ord. 7, 2020. The areas included within the Wastewater Service Area are highlighted in green (Damon Run CD Service Areas), blue (2017 VCU Master Plan Service Areas), and orange (other proposed service areas).
(B) The city (and VCU) shall hold an exclusive license to furnish and regulate wastewater service in the Wastewater Service Area, and VCU shall be the exclusive provider of wastewater utility service to the public within the Wastewater Service Area.
(C) No other utilities are permitted to provide wastewater service within the City of Valparaiso Wastewater Service Area. This section does not: (1) mandate the city or VCU to extend service to areas where technically or financially not feasible; or (2) prevent the use of onsite disposal systems where the city does not currently have facilities available. Rather, this section expressly prohibits other utilities from furnishing wastewater service to customers within the Wastewater Service Area.
(D) No end service user shall permit a connection to wastewater service within the Wastewater Service Area by any other wastewater service provider.
(E) Any person, firm, or corporation that violates this section shall be subject to a civil penalty of $2,000.00 per violation, and each day of violation shall be deemed a separate violation.
(F) VCU's existing rules and regulations for wastewater service, as amended from time to time, shall apply to and within the Wastewater Service Area.
(G) The city hereby authorizes VCU and its Board of Directors to pursue any and all necessary approvals for the implementation, effectiveness, and enforcement of this section, including, but not limited to, seeking approval of this section by the Commission.
(Ord. 27-2019, passed 10-14-19; Am. Ord. 7, 2020, passed 3-9-20)