(A) All users must pay all applicable capacity fees prior to Kentucky Division of Water approval of plans for sewer extensions if applicable, or prior to CW locating a tap on existing sewers. Capacity fees are not transferable to other property. Authorization to connect to the CW sewer obtained by payment of a capacity fee shall expire five years after payment if such connection has not been completed. No capacity fee paid will be refunded unless a written refund request is received by CW within 12 months of the date the capacity fee is received by CW and it contains evidence satisfactory to CW of the following:
(1) The developer has withdrawn all plans submitted to the Ballard County Planning and Zoning Commission for the development; or
(2) The developer has obtained preliminary approval from the Ballard County Planning and Zoning Commission for an amended development plan for the same property and which depicts a development that requires a smaller capacity fee; and
(3) The Kentucky Division of Water has approved all plans for sewers that will serve the development in that amended development plan.
(B) A sewer connection, or tap on fee, shall be $500.
(C) Basic user charge. There is hereby established a basic user charge for OM and R and a minimum monthly charge for operation and maintenance costs plus replacement (OM and R) for the use of and for service supplied by the wastewater facilities of CW.
(1) The basic user charge for OM and R shall be $1.17 per 1,000 gallons.
(2) The minimum monthly charge for OM and R shall be $2.34 entitling the user to 2,000 gallons.
(D) Debt service charge. A debt service charge of $4.66 per month to each user of the wastewater facility of CW is hereby established.
(E) All nonmetered residential users (if any) shall pay a flat rate monthly charge based on the average residential water use (5,100 gallons) and CW's current rate schedule.
(F) This flat rate is subject to annual adjustment and CW may require the user to install a metering device if excess usage is suspected.
(G) Rate schedule. In accordance with EPA regulations, a User Charge/Industrial Cost Recovery System (UC/ICRS) has been prepared using EPA guidelines. The following are the rates and charges to be used by CW for its sanitary sewage system in compliance with the UC/ICRS. The sanitary sewage rates will be based on the number of gallons of water used by the customer. The rates are as follows:
Water Usage | Rates |
First 1,000 gallons | $10 minimum |
Next 1,001 - 5,000 gallons | $3 per 1,000 gallons |
Next 5,001 gallons and thereafter | $2 per 1,000 gallons |
(H) Bills.
(1) The rates or charges for service shall be payable monthly.
(2) The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by CW only upon this condition.
(3) Bills for sewer service shall be sent out by CW by the first day of the month succeeding the period for which the service is billed.
(4) All sewer bills are due and payable ten days after being sent out. A penalty of 10% shall be added to all bills not paid by the fifteenth day after they have been rendered.
(I) The rates and charges for the use and service of the water system of CW shall be determined from time to time as necessary by the City Council and shall be kept on file and available for public inspection in the office of the City Clerk. The rates and charges shall be made and collected against each consumer who shall directly or indirectly receive water from the system. The rates and charges shall be based upon the quantity of water used by each consumer, as measured by a water meter.
(J) Collection of water, sewer, and garbage bills.
(1) All water-sewer-garbage customers must pay their bills in a timely fashion. Should any delinquent water-sewer-garbage bills become past due for more than 60 days, or be in excess of $50, the City Clerk-Treasurer shall cause to be filed in the records of the Ballard County Court Clerk’s Office a lien against the property to which water-sewer-garbage service is being provided and upon which the bill is delinquent as aforesaid and the owner shall be duly notified of the filing of the said lien in accordance with the Kentucky Revised Statutes. If any lender holds a prior lien on the said property, said lender shall also be duly notified.
(2) In the case of a tenant having a delinquent water-sewer-garbage bill, said lien shall be filed against the owner of the property and both the owner and the tenant duly notified of the filing of the said lien in accordance with the Kentucky Revised Statutes.
(3) Water-sewer-garbage service shall be discontinued at such time as the delinquency amount is in excess of $50, or is delinquent in excess of 60 days, subject to the notice and hearing requirements set forth in division (J)(6) below. Said service shall not be restored until the arrearage and delinquency is completely satisfied in full and upon such restoration of service a deposit in the amount of at least two months normal billing for said property shall be required by way of a security deposit. Said deposit shall be returned to the party paying the same upon discontinuance or termination of said service, provided that all bills are paid, and the deposit shall bear interest at the rate of 6% per annum.
(4) A copy of this section shall be duly advertised pursuant to Kentucky law and a copy shall be provided to each new customer as service is first obtained.
(5) A copy of this section and city policy regarding delinquent water-sewer-garbage bills shall be sent to each water-sewer-garbage customer who shall first become delinquent after the enactment hereof by as much as 20 days, including all customers who have not paid the current months bill by the first day of the following month.
(6) (a) It is the policy of CW to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. CW's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
1. That all bills are due and payable on or before the date set forth on the bill; and
2. That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
3. That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to CW official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(b) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(c) When it becomes necessary for CW to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20.
(K) (1) Whenever the City Council has declared any property in the city to be unfit for human habitation, or for violation of any ordinance, it shall be unlawful for any utility company to continue to provide utility service to said location.
(2) In such cases, the utility company shall be immediately notified, and requested to cease and terminate any utility service to said location.
(3) If necessary, the Mayor shall cause to be instituted a legal action in the Ballard District Court for the purpose of obtaining a court order authorizing and directing said utility company to cease and terminate such utility service to said location.
(L) Revenues and accounts.
(1) Sewerage system.
(a) All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account. All such revenues and moneys shall be held by the City Clerk-Treasurer separate and apart from all other funds of the city. The City Clerk-Treasurer shall receive all such revenues from the sewerage system and all other funds and moneys incident to the operation of such system as the same may be delivered to him or her and deposit the same in the account of the fund designated as the “Sewerage Revenue Account.”
(b) The Clerk-Treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system and at regular annual intervals he or she shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system. In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do in fact meet this chapter. In this regard, the financial information to be shown in the audit report shall include the following:
1. Flow data showing total gallons received at the wastewater plant for the current fiscal year;
2. Billing data to show total number of gallons billed;
3. Debt service for the next succeeding fiscal year;
4. Number of users connected to the system;
5. Number of nonmetered users; and
6. A list of users discharging nondomestic wastes (industrial users) and volume of waste discharged.
(c) A copy of the rate ordinance properly certified by the City Clerk-Treasurer shall be legally advertised and posted and shall be deemed notice to all owners of real estate of the charges of the sewerage system of the city on their properties.
(d) The Kentucky Department for Natural Resources and Environmental Protection and the U.S. Environmental Protection Agency or their authorized representatives shall have access to any books, documents, papers and records of the city which are applicable to the city system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts, and transcriptions thereof to insure compliance with the terms of the special and general conditions of any federal/state grant.
(2) Water revenues and accounts.
(a) It is made the duty of the Clerk-Treasurer to prepare or cause to be prepared a complete and accurate list of all premises and properties receiving the services of the water system, showing the name and address of the occupant and of the owner of the same. The list shall be kept up to date and shall be corrected from time to time to show changes in occupancy or ownership of any such properties or premises.
(b) All moneys received as charges for the services of the water system shall be deposited in a bank account separate and distinct from the bank accounts in which other city funds are held. The funds shall be administered and allocated in accordance with the provisions of the ordinance of the city passed on January 19, 1961 authorizing the issuance of $138,000 water system revenue bonds, or in accordance with any ordinance which may hereafter be adopted to refund such bonds.
(c) It shall be the duty of the City Council to have set up and maintain a proper system of accounts and records, separate from all other accounts and records, showing the amount of revenue received from the water system and the application of such revenues and all financial transactions in connection therewith. Such accounts shall annually be audited properly by a certified public accountant.
(M) Utility fee charges and requirements.
(1) In order to keep our financial position secure, meet bond obligations, meet audit requirements and protect the people that pay for the city services, the water deposit is being raised to $150 from the present $125 fee. The water deposit fee is applicable to renters/tenants/lessees, homeowners, and businesses.
(2) If service is disconnected for non-payment, a "re-hook up" charge of $50 will be paid before service is restored.
(3) All back due charges must be paid before service is restored.
(4) A $25 fee will be assessed for all return checks.
(Ord. 653, passed 11-15-21)