ORDINANCE 2002- 3
TOWN OF MILLERSBURG SEWER RATE ORDINANCE
An Ordinance amending and replacing Ordinance Numbers 1977-7, 1992-7, 1994-8,
and 2000-4, setting a schedule of rates and charges to be collected by the Town
of Millersburg from the owners of property served by the sewage works of said
Town, and dealing with other matters connected therewith:
WHEREAS, the Town has heretofore constructed and has in operation sewage works
for the purpose of collecting and disposing of the sewage of the Town in a sanitary
manner and proposes to construct improvements thereto;
WHEREAS, it is necessary to establish a new schedule of rates and charges so
as to produce sufficient revenue to pay expenses of maintenance and operation,
and to provide funds for necessary replacements and improvements to the sewage
works, and to pay the principal and interest on the proposed revenue bonds in
accordance with the applicable bond ordinance, all in a manner in accordance
with the guidelines of the U.S. Environmental Protection Agency;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MIILLERSBURG,
INDIANA:
Section 1. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:
(a) “Ammonia” (or N113 N) shall have the same meaning as defined in the Sewer Use Ordinance.
(b) “Board” shall mean the Town Council of the Town of Millersburg, or any duly authorized officials acting in its behalf.
(c) “BOD” (or Biochemical Oxygen Demand) shall have the same meaning as defined in the Sewer Use Ordinance.
(d) “CBOD” (or Carbonaceous Biochemical Oxygen Demand) shall have the same meaning as defined in the Sewer Use Ordinance.
(e) “COD” (or Chemical Oxygen Demand) shall have the same meaning as defined in the Sewer Use Ordinance.
(f) "Connection Fee" shall mean the payment required for the benefit or privilege of making a connection, directly or indirectly, to the Town's sewage collection system, which is to be paid in accordance with this Ordinance.
(g) “Debt Service Costs” shall mean the average annual principal and interest payments on all existing and proposed revenue bonds or other long term capital debt.
(h) "Developer" shall mean an owner of, or person acting on behalf of an owner to develop, property to be served by the municipal sewer utility.
(i) “Equivalent Dwelling Unit” shall mean a conversion of flows from non-residential use or multi-family units to flows equivalent to single family dwelling(s). Generally, one (1) Equivalent Dwelling Unit is equal to a 310 gallon per day usage rate.
(j) “Excessive Strength Surcharge” shall mean an additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage.”
(k) “Industrial Wastes” shall mean the wastewater discharges from industrial, trade, or business processes as distinct from employee wastes or wastes from sanitary conveniences.
(l) “NPDES Permit” (or National Pollutant Discharge Elimination System Permit) shall have the same meaning as defined in the Sewer Use Ordinance.
(m) “Normal Domestic Sewage” (for the purpose of determining surcharges) shall mean wastewater or sewage having an average daily concentration as follows:
S.S. not more than 240 mg/l
BOD not more than 240 mg/I
Ammonia not more than 30 mg/l
Phosphorus not more than 4 mg/I
Fats, wax, grease, or oils, collectively, whether emulsified or not, not more than 100 mg/l
As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial wastes.
(n) “Operation and Maintenance Costs” include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment charges, and other identifiable charges other than excessive strength surcharges on a continuing basis and produce discharges to receiving waters that conform with all related Federal, State and local requirements (these costs include replacement)
(o) “Other Service Charges” shall mean tap charges, connection charges, area charges and other identifiable charges other than excessive strength surcharges.
(p) “Person” shall mean any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, limited partnership, limited liability partnership, limited liability company, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana and political subdivisions thereof, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
(q) “Phosphorus” shall have the same meaning as defined in the Sewer Use Ordinance.
(r) “Replacement Costs” shall mean the expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
(s) “S. S. “ (or suspended solids) shall have the same meaning as defined in the Sewer Use Ordinance.
(t) “Shall” is mandatory; “May” is permissive.
(u) “Sewage” shall have the same meaning as defined in the Sewer Use Ordinance.
(v) “Sewer Use Ordinance” shall mean a separate and companion enactment to this Ordinance, which regulates the connection to and use of public and private sewers, known as the Town of Millersburg Sewer Use Ordinance.
(w) “Tap Fees” shall mean the fees to reimburse the Town for the direct costs associated with making a connection to the collector sewer. The fee includes direct costs such as materials, labor, equipment, pavement replacement, inspection, administration, and review, as well as any other costs incurred in processing the application and making the connection.
(x) “Town” shall mean the Town of Millersburg acting by and through the Town Council.
(y) “User Charges” shall mean a charge levied on users of the wastewater treatment for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92 500.
(z) “User Class” shall mean the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e. residential, commercial, industrial, institutional, and governmental in the User Charge System).
Residential User – shall mean a user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc.Commercial User – shall mean any establishment involved in a commercial enterprise, business, or service which based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
Institutional User – shall mean any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
Governmental User – shall mean any Federal, State, or local governmental user of the wastewater treatment works.
Industrial User – shall mean any industrial, manufacturing, business, trade, or processing facility that discharges industrial waste to a wastewater treatment works.
Section 2.
(a) Prior to connecting to the Town’s sanitary sewer facilities, a developer shall be required to pay a connection fee according to the table set forth in Section 3(d) hereafter. Multi family dwelling units and non residential users shall be converted to an Equivalent Dwelling Unit as determined by the type of user. These fees will be used to offset costs for future expansion and improvements to the system. Connection Fees for users not listed in the table or of unique character will be established by the Superintendent of the Millersburg Wastewater Utility subject to appeal in accordance with Section 8 of this Ordinance. Improvements, additions, or other expansions of an existing facility or building which require a building permit shall subject the user to the fees outlined in this Ordinance for the improvement, addition, or other expansion project. In addition, the submission of false, fraudulent, inaccurate, or erroneous information by a user when applying for approval to make a connection to the Town’s sanitary sewer facilities shall subject the user to being reassessed at any time the appropriate amount under this Ordinance for the connection fee. For a period of two (2) years after occupancy, a developer shall be liable for and subject to being reassessed for any additional Connection Fees based upon the actual usage of the property if such actual usage would result in a larger Connection Fee being due and payable to the Town of Millersburg. These fees are representative of the historical costs that have been invested in the wastewater management system by the existing rate payers, as determined by an independent study performed for the Town. Connection Fees are in addition to Tap Fees and User fees. These fees may be revised from time to time, as required by the Town.
(b) At the time a transfer of or change in a utility account is requested by a new user or new owner of a property served by the municipal water utility and/or the municipal sewer utility, the new user or owner shall complete an application for utility service. The utility account, however, shall not be changed or transferred until the new user or new owner and the existing account holder contact the Town of Millersburg, If the application is not completed and filed by the new user or new owner with the Town of Millersburg within two (2) weeks after the transfer or change is made, any municipal water or sewer service serving the property shall be subject to termination.
Section 3.
(a) Treatment rate--User Fees shall be $4.00 per 1,000 gallons of usage plus the base rate set forth in subsection (b).
(b) The Monthly Base Rate shall be as follows:
¾” water meter or less 1” water meter 1¼” water meter 1½” water meter 2” water meter 3” water meter 4” water meter 6” water meter (c) For users of the sewage works that are unmetered water users, the monthly charge shall be determined by equivalent single family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month (or period equaling a month). The schedule is as follows:
Single/family residence/unit Apartment/unit Retail Establishment: First 3 employees Each additional employee Gasoline Service Station: With car wash facilities Without car wash facilities Shop in office or home Car wash, manual/bay Restaurant: First 2 employees Each additional employee Beauty or barber shop: First employee Each additional employee Professional Office: First 2 employees Each additional employee Institutional: School/student Churches, lodges, and Vet.
orgs. without eating and/or
drinking facilities - for each 200
members or fraction thereof
Governmental offices: First 3 employees Each additional employee Industrial (sanitary flow only) First 3 employees Each additional employee A “Casual User” (as defined in Ordinance No. 1992-2) shall be charged $6.29 per 1000 gallons of waste water discharged into the system with the same surcharges for excess strength discharge as specified in Section 11 of this Ordinance and with a minimum charge of $61.85 for each delivery of waste water to the waste water treatment plant.
(d) New connections to the Town’s sewage system shall be charged a connection fee as follows:
UnmeteredConnection fees shall increase 3% per year thereafter.
Section 4. The Tap Fee for connecting a user to the Town’s sanitary sewer system shall be Six Hundred Dollars ($600.00) per connection, which represents the direct charge for making the connection and providing the related services such as administration, review, and inspection. Tap Fees shall be in addition to Connection Fees and User Fees. Tap Fees are based on the direct cost of service as determined by an independent study performed for the Town. These fees may be revised from time to time, as required by the Town.
Section 5. Connection Fees and Tap Fees to users outside of the corporate limits shall be the same as that charged to users located within the corporate limits of the Town of Millersburg, Indiana.
Section 6. The following payment schedule shall apply:
Connection Fees shall be paid in full of the time of application for such service and prior to work being started on such connection.
Tap Fees shall be paid in full at the time of application for such service and prior to work being started on such connection.
No connection to the sewer utility will be allowed prior to receipt by the Town of all Connection Fees and Tap Fees required under this Ordinance.
In the event an application for service is denied or the actual connection is not made, any Connection Fees and Tap Fees paid shall be refundable, without interest, to the applicant upon request. At the time a refund is made, any previously issued permit for such utility service under this Ordinance shall be rescinded.
Permits for utility service issued under this Ordinance shall be valid for a period of one (1) year from the date of issuance.
Section 7. This Ordinance and the fees set out herein may be amended from time to time by the Town Council when conditions exist that indicate that the established charges are no longer equitable to customers of the municipal sewage system or for the developers of property connecting to said sewage system.
Section 8. Any person, group, firm, company, partnership, corporation,
limited liability company, limited liability partnership, or other organization
adversely affected by the application of this Ordinance may present an appeal
to a Utility Review Committee. The Utility Review Committee shall be composed
of the President of the Millersburg Town Council, the Wastewater Utilities Superintendent
and an engineer from the Town’s Engineering Firm. The appeal shall be
filed with the Town Clerk who shall forward a copy of the appeal to the Utility
Review Committee and the Superintendent of the Millersburg Wastewater Utility.
The appeal shall be submitted no later thirty (30) days after the adverse decision
appealed from is made. The appellant shall submit such number of copies of the
appeal as the Utility Review Committee may prescribe from time to time. The
appeal shall be in such form and contain such information as the Utility Review
Committee may prescribe from time to time, but shall in all instances contain
a concise written statement explaining the nature of the appeal, identifying
the issues involved, and presenting the position of the appellant. The Utility
Review Committee shall review and consider the appeal at a hearing prior to
which the appellant shall be given at least ten (10) days notice and at which
hearing the appellant shall be entitled to participate. Following the review
and decision, the Utility Review Committee shall transmit to the Town Clerk
and the Superintendent of the Millersburg Wastewater Utility a written report
giving its findings and affirming, modifying, or reversing the application of
this Ordinance to the appellant. The appellant may appeal the decision of the
Utility Review Committee to the Millersburg Town Council by filing with the
Town Clerk a request to further appeal the decision which shall be submitted
a minimum of ten (10) days prior to any regularly scheduled Town Council meeting
and a maximum of thirty (30) days after the adverse decision is made by the
Utility Review Committee, in order to be included on the agenda. The Millersburg
Town Council shall review and consider the appeal as part of its regular public
meeting schedule. Following the review and decision, the Town Council shall
transmit to the Town Clerk and the Superintendent of the Millersburg Wastewater
Utility a written report given its findings and affirming, modifying, or reversing
the decision of the Utility Review Committee. It is specifically provided that
the failure to apply for and seek any necessary permits as well as the failure
to appeal any application of this Ordinance as provided under this Section shall
work as a bar in challenging this Ordinance or its requirements in court.
Section 9. Every person whose premises are served by the Town’s
sewage works shall be charged for the service provided. These charges are established
for each user class, as defined, in order that the sewage works shall recover,
from each user and user class, revenue which is proportional to its use of the
treatment works in terms of volume and load. User charges are levied to defray
the cost of operation and maintenance (including replacement) of the treatment
works. User charges shall be uniform in magnitude within a user class.
(a) User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 7, 1984 (40 CFR 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment.
(b) The various classes of users of the treatment works for the purpose of this Ordinance, shall be as follows:
Residential
Commercial
Governmental
Institutional
Industrial
Section 10. The quantity of water discharged into the sanitary
sewage system and obtained from sources other than the water utility that serves
the Town shall be determined by the Town in such manner as the Town shall reasonably
elect, and subject to payment by the user of the method used for measuring such
usage, and the sewage service shall be billed at the appropriate rates; except
as hereinafter provided in this section, the Town may make proper allowances
in determining the sewage bill for quantities of water shown on the records
to be consumed, but which are also shown to the satisfaction of the Town that
such quantities do not enter the sanitary sewage system.
(a) In the event a lot, parcel of real estate, or building other than a single family dwelling unit discharging sanitary sewage, industrial wastes, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the Town, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the Town, then the amount of water used shall be otherwise measured or determined by the Town. In order to ascertain the rate or charge provided in this ordinance, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge.
(b) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial wastes, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the Town, and in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the Town, then the amount of water used shall be otherwise measured or determined by the Town. In order to ascertain the rates or charges, the owner or other interested parties shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge.
(c) In the event two (2) or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate, or buildings served through the single water meter.
(d) In the event two (2) or more dwelling units such as mobile homes, apartments, or housekeeping rooms discharging sanitary sewage, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out elsewhere herein, except that the minimum charge shall be $12.80 per month per dwelling unit served through the single water meter. In the case of a mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through a meter. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided.
(e) In the event a lot, parcel of real estate, or building discharges sanitary sewage, industrial wastes, water or other liquids into the Town’s sanitary sewage system either directly or indirectly, and uses water in excess of 30,000 gallons per month, and it can be shown to the satisfaction of the Town that a portion of the water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party may, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge; but upon failure to do so, the billing shall be based upon the water usage.
(f) In order that domestic and residential users of sewage services shall not be penalized for sprinkling lawns during the months of July, August and September, the bill for sewage services for residential and/or domestic user for said months shall be based upon the average water usage per month for the previous billed months of October through June, if such average usage is lower than the summer months, and if the owner of the property has remained the same. Said sprinkling rate shall not apply to any premises that are partially or wholly used for commercial or industrial purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate meter, and in such case the water usage as registered by the water meter serving such portion of the premises used for residential purposes shall qualify under the sprinkling rate.
(g) The provisions of Section 10(f) of this Ordinance may from time to time be extended to and be applicable in the months of May, June, and/or October upon motion and approval by the Town Council of the Town of Millersburg, Indiana at a duly called public meeting of the Town Council.
Section 11. In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the Town shall base its charges not only on the volume, but also on strength and character of the stronger than normal domestic sewage and wastes for which it is required to treat and dispose. The Town shall require the user, at the user’s expense, to determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the sanitary sewage system, in such manner, by such method, and at such times as the Town may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the Town at all times.
(a) Normal domestic sewage waste strength should not have biochemical oxygen demand in excess of 240 milligrams per liter of fluid; suspended solids in excess of 240 milligrams per liter of fluid; ammonia in excess of 30 milligrams per liter of fluid; phosphorus in excess of 4 milligrams per liter of fluid; and fats, wax, grease, or oils, collectively, whether emulsified or not, in excess of 100 milligrams per liter of fluid. Additional charges for treating stronger than normal domestic sewage shall be made on the following basis:
(1) Rate Surcharge Based Upon Suspended Solids: there shall be an additional charge of 57 cents per pound of suspended solids for suspended solids received in excess of 240 milligrams per liter of fluid.
(2) Rate Surcharge Based Upon BOD: there shall be an additional charge of 57 cents per pound of biochemical oxygen demand for BOD received in excess of 240 milligrams per liter of fluid.
(3) Rate Surcharge Based Upon Ammonia: there shall be an additional charge of 68 cents per pound of ammonia for ammonia received in excess of 30 milligrams per liter of fluid.
(4) Rate Surcharge Based Upon Phosphorus: there shall be an additional charge of $1.70 per pound of phosphorus received in excess of 4 milligrams per liter of fluid.
(5) Rate Surcharge Based Upon Oils and Grease: there shall be an additional charge of 28 cents per pound of fats, wax, grease, or oils, collectively, whether emulsified or not, received in excess of 100 milligrams per liter of fluid.(b) The determination of suspended solids, biochemical oxygen demand, ammonia, phosphorus, and fats, wax, grease, or oils, whether emulsified or not, contained in the waste shall be in accordance with latest copy of “Standard Methods for the Elimination of Water, Sewage, and Industrial Wastes,” as written by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and in accordance with “Guidelines Establishing Test Procedures for Analysis of Pollutants,” 40 CFR Part 136, as hereinafter amended, supplemented, or replaced.
Section 12. All rates and charges herein contemplated shall
be prepared, billed, and collected by the Town in the manner provided by law
and ordinance.
(a) The rates and charges for all users shall be prepared and billed monthly.(b) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required.
The owners of properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the Town for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.
(c) As is provided by applicable Indiana statue, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of ten percent (10%) of the amount of the rates and charges not timely paid shall thereupon attach thereto and be due and owing. The time at which such rates and charges shall be paid is now fixed at fifteen (15) days after the date of mailing of the bill by the Town to the person responsible therefore, Additionally, the Board hereby reserves all charging and collection rights and remedies permitted by Indiana Code, Title 36, Article 9, Chapter 23, with regard to the collection of rates and charges under this Ordinance or the Sewer Use Ordinance (or amendments, supplements, or replacements thereto), dealing with hook-ups, connections, and usage of the sewage system.
Section 13. In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users of user classes, the Town shall cause a study to be made within a reasonable penal of time following the first two years of operation, following the date on which this ordinance goes into effect. Such study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users and user classes, the financial position of the sewage works, and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the wastewater treatment systems.
Thereafter, on a biennial basis, within a reasonable period of time following
the normal accounting period, the Town shall cause a similar study to be made
for the purpose of reviewing the fairness, equity and proportionality of the
rates and charges for sewage services on a continuing basis. Said studies shall
be conducted by officers or employees of the Town or by a firm of certified
public accountants, or a firm of consulting engineers which firms shall have
experience in such studies, or by such combination of officers, employees, certified
public accountants or engineers as the Town shall determine to be best under
the circumstances. The Town shall, upon completion of said study, revise and
adjust the rates and charges, as necessary, in accordance therewith in order
to maintain the proportionality and sufficiency of the rates.
Section 14. The Town shall make and enforce such by laws and regulations as may be deemed necessary for the safe, economical, and efficient management of the Town’s sewage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system, and for the regulation, collection, and rebating and refunding of such rates and charges.
The Town is hereby authorized to prohibit dumping of wastes into the Town’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the Town, or to require methods affecting pretreatment of said wastes to comply with the pretreatment standards included in the NPDES Permit issued to the sewage works, or as contained in the EPA General Pretreatment Regulations, 40 CFR Part 403 and any amendments thereto or the Town’s Pretreatment Program Plan.
Section 15. The invalidity of any section, clause, sentence,
or provision of this ordinance shall not affect the validity of any other part
of this ordinance, which shall be given effect without such invalid part or
parts.
Section 16. This Ordinance shall be in full force and effect from and after its date of passage. This Ordinance shall supersede the portions of any conflicting Ordinance in existence with respect to the matters regulated herein. This Ordinance hereby repeals Ordinance Nos. 1977-7, 1992-7, 1994-8, and 2000-4 in their entireties; provided, however, that the existing schedule of sewage rates and charges shall remain in full force and effect until the effective date of this Ordinance.
Section 17. The Board is hereby further authorized to enter
into special rate contracts with customers of the sewage works where clearly
definable reduction in cost to the sewage works can be determined, and such
reduction shall be limited to such reduced costs.
Section 18. The rates as herein set forth shall become effective on
the first full billing period occurring after the adoption of this Ordinance,
and the other charges set forth herein shall become effective upon the effective
date of this Ordinance.
Section 19. This Ordinance shall be in full force and effect
from and after its adoption.