(A) There is levied and assessed upon each living unit or each lot, parcel of land, or premises having any active sewer connection with the sanitary sewer system of the village, or otherwise discharging sewage, industrial waste, water or other liquids, whether directly or indirectly into such system or any part thereof, a service charge payable as provided in this section and in the amount determinable in this section.
(B) The sewer service charge shall consist of the base charge, volume charge, and strength surcharge, as follows:
BASE CHARGE. The flat rate fee charged to each account regardless of volume of sewage.
STRENGTH SURCHARGE. The charge based on the pounds of biochemical oxygen demand and suspended solids in excess of the amount in standard strength sewage, and charged to all applicable accounts in addition to all other charges.
VOLUME CHARGE. The service charge based on the volume of standard strength sewage and charged to all accounts in addition to the base charge. The VOLUME CHARGE includes a capital cost charge for debt service retirement and an operation, maintenance, and replacement charge. Standard strength sewage shall include the maximum strengths as follows:
(a) Biochemical oxygen demand (five-day): 200 milligrams per liter; and
(b) Suspended solids: 300 milligrams per liter.
(C) (1) The standard strengths for biochemical oxygen demand and suspended solids, as shown in division (B) of this section, shall be subtracted from the average strengths, as determined by sampling, to determine the extra strengths.
(2) The extra strengths and the volume of sewage charged for the billing period shall then be used to determine the weight in pounds of biochemical oxygen demand and suspended solids to be charged for strength surcharge.
(D) The monthly sewer charges shall be as set forth in the village’s fee schedule, as adopted by reference in § 36.05.
(E) (1) The sewer charges provided for herein shall be payable monthly as ordained by the Village Council and shall be made payable at the same time as water bills are payable. The sewer service charges provided for in this section shall be increased by a penalty of 10% of the total charge if not paid within 15 days after the date of billing those charges.
(2) Each sewer service charge levied by or pursuant to this section is hereby made a lien upon the corresponding lot, parcel, building, or premises serviced by a connection with the sewer system of the village, and if such sewer service charges and penalties are not paid within 60 days after they shall become due and payable, they shall be certified to the County Auditor, who shall place the same on the tax duplicates of the county, with the interest and penalties allowed by law, to be collected as taxes are collected.
(F) The volume of sewage measured for payment for each account shall be as follows:
(1) When the user is also supplied with water from the village water system, the quantity of water measured for payment shall also be the quantity of sewage measured for payment.
(2) When the user is also supplied with water from the village water system and only part of the water enters the sewer system, the Village Manager may require or permit the installation of an additional meter to measure the quantity of sewage actually entering the sewer system. The meters shall be approved by the Village Manager and furnished, installed, and maintained at the expense of the user.
(3) When the user is supplied with water, in part or in total, from a source other than the village water system, the Village Manager shall require the installation of a meter or meters to measure the supply of water from all sources or to measure the volume of sewage entering the sewer system. The meters shall be approved by the Village Manager and furnished, installed, and maintained at the expense of the user.
(4) The Village Manager may require, from the user, that the village be furnished, upon request, with information and data on all sources of water within the confines of the premises which may enter the sewer system.
(G) The funds received from the collection of all sewer service charges authorized by this section shall be deposited in a like manner as other village funds and shall be accounted for in a separate fund. When appropriated by the village, the funds shall be available for payment of the cost and expenses of the management, maintenance, repair, and improvement of the wastewater treatment works and collection system.
(H) Each year the Village Manager shall prepare a recommended schedule of service charges. The schedule shall be considered at the first regular Council meeting thereafter for ratification and incorporation into this section. The schedule shall be in accordance with the following requirements:
(1) Factors such as strength, volume, and delivery flow rate characteristics shall be considered and included as the basis for the user’s contribution to operation and maintenance costs;
(2) The schedule shall be revised annually and revised periodically to reflect actual treatment works operation and maintenance costs; and
(3) The schedule shall generate sufficient revenues to offset the costs of all treatment works operation and maintenance.
(I) Whoever violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $1,000, and each day’s continued violation shall be a separate offense.
(Ord. 95-129, passed 5-15-1995; Ord. 95-190, passed 12-4-1995; Ord. 96-175, passed 11-18-1996; Ord. 97-168, passed 11-17-1997; Ord. 98-132, passed 7-6-1998; Ord. 2003-025, passed 6-2-2003)
Editor’s Note:
See also Warren County sewer codes and rates