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HomeMy WebLinkAboutS-25 Sewer Charges147 An Ordinance fixing the schedule of sewer charges and surcharges to be collected by the Town cf Carmel0 ~ndiana, from the owners of property served by the sewage works of said Town0 and other matters connected there- with WHEREAS, the Towr] ~f Carmel has heretofore constructed and has in ~peran~on a sewage works for the purpose of collecting sewage and conveying same away from the premises where produced; and W~tEREAS, the Town has under construction additions and expansions of ~t$ wastewater treatment plant and intercepter sewers under the provision of Chapter Article 2~ Title 19 of the Indiana Code of 1971; and ~.~iEREAS, said statute requires that the sewer charges and surcharges for uno use of and the service rendered by ~uch sewace works be fixed by ordinance~ finally adopted after due notice and public hearing~ and authorizes the collection of said sewer charges and surcharges~ now therefore BE IT ORDAINED BY THE BOARD OF TRUSTEES OF T~ TO, at{ OF CARMEL~ IND%ANA: Section to Definitions Unless the context specifically indicates otherwise~ the meanings of the following terms a.s used in this ordinance or as used in the rules and regulations adopted by the Board of Trustees to implement the provisions of this ordinance shall be as follows: 10t. "Biochemical Oxygen Demand" %or BOD) of sewage~ sewage effluent~ polluted waters cz industrial wastes shall mean the cuantltv of dissolved oxygen in per liter required during stabilization of the decomposable organic ma=ncr by aerobic biochemical action under standard laboratory procedures fo= five days a'a 20° Centigrade. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods" {see ll!~. 102o ":Chemical Oxygen Demand" or (COD~ of sewage~ sewage effluent, polluted waters or industrial wastes zs a measure of the oxygen equivalent of that portzon of cne organic matter in s sample that is susceptible ~o oxidation by s strong chemical oxidant. T~e kaboratory determination shall be made ~n accordance ~×%n procedures set fnrt~ in "Standard ~ethods". 103. 'Town" shall mean Town of Carmel Indi~a~ or any duly authorized officials acting' in its behalf° This Instrume~ 104. 2 'Industrial Wastes" shall mean any solid~ liquid or gaseous substance or form of energy discharged permitted to flow or escaping from an industrials manufacturing, commercial or business process or from the developments recovery or processing of any natural resource carried on by any person as defined in 105~ and shall further mean any waste from an industrial user as defined in 1120 105o 'Person shall mean any and all persons~ natural or artificial~ including any individual, firm, company~ municipal or private corporation, association~ society~ institutions enterprises governmental agency or other entity~ 105. ·Sanitary Sewaqe" shall mean sewage discharged from the sanitaz%z conveniences of dwellings (including apartment houses and hotels), office buildin~s~ factories or institutions and free from storm water, surface water and industrial wastes. 'Sewage' shall mean the water-carried wastes fro~ residences~ business buildings~ institutions and industrial establishments, sinoular or in any combination, to- gether with such'~ ground, surface and storm waters as may be present~ 108o "Wastewater Treatment Plant" shall mean the arrangement of devices, structures and equipment used for treating and disposino of sewage and sludge° 109. "Sewage Works'~ shall mean all facilities for collecting~ transporting~ pumping~ treating and disposing of sewage and sludge~ n~mely the sewerage system and wastewater treatment plant~ "Sewerage System' shall mean the network of sewers and appurtenances used for collecting, transporting and pumping sewage to the wastewater treatment plant° ill. "Standard Methods' shall mean the examination and analytical procedures set forth in the most recent edition of ':St&ndard Methods for the ~xamination of 9~ter and Wastewater", published jointly by the American Public Health Association~ the American Water Works Association and the Water Pollution Control Federation° 112. "User Classes" - Each recipient of municipal wastewater treatment services shall be either in the industrial class or the non-industrial class (including domestic~ commercial, institutional and governmental). The Industrial Class shall include any non-governmental user as determined by the Board of Trustees~ identified in the Standard Industrial Classification Manua~ of 1972~ Office of Management and Budget, as amended and supplemented~ under the following d~visi~ns: Division A - Agricultu~e~ Forestry and Fishing; Division B - Mining; Division D - Manufacturing~ Division E - Transportation~ Communications, Electric, ~as and Sanitary Services; and Division I - Services° The Non-Industrial Class shall include all domestic and governmental users and those industrial, co~ercial and institutional users whose wastes are segregated domestic wastes or wastes from sanitary conveniences where regular domestic wastes are those wastes qenerate~ by normal domestic activity as determined by the Board of Trustees° 113, "Operation and Maintenance Expenses' shall mean all annual expenses related directly to operating and maintaining the sewage works as identified in '~Uniform System of Accounts for Wastewater Utilities': or as prescribed by the State Board of Accounts under general headings, Plant Operation and Maintenance, Sewer Opera- tion and Maintenance, Customer Accounts~ Administrative and General~ Insurance and Taxes. 114 o ':Equipment~' shall mean all movabte~ non-fixed items necessary to the was%ew~ter~ treatment process° , 115. "Real Property" shall mean all n~Lmovable fixed in place items such as structures and buildings housing equipment or otherwise used in the wastewater treatment plant process. 116. "Service Life" shall mean the period of time during which a component of a waste- water treatment works will be capable of performing a function; and the maximum life components constructed under EPA Project No. C180445 as hereby set as follows: Real Property - 50 years commencing from June 1~ 1976 Process Equipment - 30 years commencing from June 1, 1976 Auxiliary Equipment - 15 years commencing from June 1~ 1976 117. "Replacement" shall mean expenditures for obtaining and installing equipments accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. 118 o "Sewer Charges" shall be comprised of the user charge and a separate amount for debt service~and User Charges shall mean a system of charges levied on users of a treatment works for the cost of operation and maintenance (including replace- ment) of such works. In addition each user shall pay an amount sufficient to pay principal and interest (debt service) on any revenue bonds~ payable from the revenues of the sewage works, proportional to the equipment and real property necessary for wastewater treatment for each user° The method of computing the initial user charge and debt service charge is contained in a report prepared by McCullough & Associates, Public Accountants, Indianapolis, Indiana, and is incorporated as a part hereof. Prior to May 1, of each year, the Clerk-Treasurer shall prepare and present to the Board of Trustees an accounting of operation and maintenance expenses, replacement costs and debt service for the immediately preceding calendar year, and the Board of Trustees shall, upon receiving said accounting, effect any change in the monthly sewer charges necessary to produce revenue proportionate to costs for each user° 119. "Surcharge" shall mean a charge for sewerage services in addition to the basic service charge. 119ol 'Strenth-of-Wastes Surcharge" shall mean the extra user charges for sewerage service assessed users whose sewage is of such a nature that it imposes upon the Sewage Works a burden greater than that covered by the basic user charge. 120 o "Suspended Solids" shall mean solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter~ Quantitative determinations shall be made in accordance with procedures set forth in "Standard Methods". 121. "Shall" is mandatory and "may" is permissable. 201 o 202. 203. 204. 301. ~ Section 2. Sewer Charges Based on Water Usage Water Obtained from the Town's Wate~ Utility. The sewer charges made for sewerage service rendered to each lot, parcel of real estate or building having any connection with the Town's sewerage system or otherwise discharging sewage into that system, either directly or indirectly, shall be based upon the quantity of water presumed to enter the public sewers after b~ing used in or on the property, as the quantity is measured by the water meter or meters therein used by the Town's Water Utility~ except as herein otherwise prov~ed. Water Obtained from Other Sources. Where the propertv obtains any part or all of the water used from sources other than the Town's Water Utility, the owner or the tenant may be required by the Town to install and maintain at his own expense a meter or meters acceptable to the To%~ for the purpose of measuring the quantity of water obtained from these other sources, o~ the Town may determine the quantity of such water by whatever means and methods it may find practicable~ Exempt Water - General° Where a significant portion of the metered water does not and cannot enter the sewerage system{ either directly or indirectly~ and where the quantity of water entering the premises averages mo~e than 20,000 gallons per month, the person having charge of the property may re~est permission from the Town to install at his own expense either an approved meter or meters to determine the quantity of water that cannot enter the sewerage system or an approved sewage-measuring device/0r devices to determine the volume of sewage that actually enters the sewerage system; when appropriate, the Town reserves the right to determine by whatever other means and methods it may find practicable the percentage of the property's metered water that enters the sewerage system. In any case the user charge shall be applied to the ~uantity of water that can or actually does enter the public sewers° Metering of Sewag_~ The Town may require a user to install and maintain at his own expense an approved device to measure directly the volumes of wastes dis- charged to the sewerage system if these volumes cannot otherwise be determined from the metered-water consumption records° Any non-residential user whose monthly water consumption is 2,000 gallons or more shall install a m~ter. The Town shall inspect and approve such ~nstallations and no such service~ once installed, shall be removed without the Town's approval° Section 3o Sewer Charges For the use of and the service rendered by said sewage works, sewer charges shall be collected from the o%~ers of each and every lot~ parcel of real estate or building that is or could be connected to the Town's sewerage system or otherwise discharges sanitary sewage industrial wastes~ water or other liquids, either directly or indirectly, into the sewerage system of the Town~ which sewer charges shall be payable as hereinafter provided and shall be in an amount deter- minable as follows: Monthly Minimum Sewer Charge plus $ 1.27 301~ 302. 303. 304 o 5 Continued Monthly Metered Sewer Charge User Charge per 1~000 Gallons Debt Service Charge per 1~000 Gallohs Total Monthly Sewer Charge per 1~000 Gallons Consumption per Month First 5~000 gallons $ 0°49 $ 0.41 $ 0°90 Next 10~000 gallons °49 °39 Next 10,000 gallons ~49 ~33 ~82 ~49 °29 °78 Next 25~000 gallons Next 50~000 gallons 049 o16 °65 Over 100~000 gallons °49 o12 The monthly flat sewer charge for any user who is not a metered water used shall be: Use~ Charge Debt Service Charge Monthly Minimum Sewer Charge Total Monthly Flat Sewer Charge $ 2.45 $ 2.05 $ 1~27 $ 5°77 In the event two (2) or more dwelling units such as trailers, apartments or housekeeping rooms discharging sanitary sewage~ water or other liquids into the Town's sewerage 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 bills per month shall not be less than the number of such dwelling units times $0°90 plus $1.27~ In the case of trailer parks the number of dwelling units shall be computed and interpreted as the total number of trailers located and installed in said park plus any other dwelling units served through the meter° A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided° ~nere a metered water supply is used for fire protection as well as for other uses~ the Town may~ in its discretion~ make adjustmentsin the minimum charge and in the use charge as may be equitable° In order that residential users of sewage services shall not be penalized for the sprinkling of lawns during the months of July~ August and SePtember~ the billing for sewage service for residential users for said months of July~ August and September shall be based on the metered water usage for the previous months of January~ February and March° In the event metered water usage for said previous months of January~ February and March. is greater than the metered water usage for the said months of July~ August and September, then the billing for sewage services~shall be computed on the actual water used in the month for which the sewage service bill is being rendered° Residential sewage service~ as applicable to the sprinkling rate~ shall apply to each lot~ parcel of r~al estate or building which is occupied and used as a residence. Said sprinkling rates shall not apply to any premises which are partially or wholly used for industrial or commercial 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 pre~is~M is 3040 Continued served through a separate meter~ and in such cases~ the water usage as registered by the water meter using such portion of the premises used for the residential purposes would qualify under the sprinkling rate~ 305. For the service rendered to the Town, the Town shall be subject to the same sewer charges hereinabove provided er to sewer charges established in harmony therewith° 306~ The user charges and debt service charges set forth in paragraph 301 shall be changed, as necessary~ annually by the Board of Trustees in accordance with paragraph 118. 401° Section 4~ Strength-of-Wastes Surcharg~ Liability for Surcharge. Each industrial or non-industrial user who discharges wastes into the sewerage system shall be subject to a surcharge~ in addition to the regular sewer charges, based on both the biochemical oxygen demand (or on the chemical oxygen demand where BOD cannot be determined)~ the suspended solids content of the wastes and the phosphate content of the wastes~ if these wastes have a concentration greater than the following: a, A biochemical oxygen demand of 200 milligrams per liter; or where BCD cannot be determined then~ in lieu of BOD~ a chemical oxygen demand of 400 milligrams per liter, b. A suspended solids content of 250 milligrams per liter° c, A phosphate content of 6 milligrams per liter, 402, Computation of Surcharge, The surcharge shall be determined as follows: a, The excess pounds of BOD (or COD) and of suspended solids will each be computed by first multiplying the user's billing sewage volume measured in units of 100 cubic feet for the current billing period by the factor 0.0062321 and then multiplying this product by the difference between (a) the concentrations measured in milligrams per liter of the BOD (or CO~) and of the suspended solids respectively in the user's sewage and (b),the allowed concentrations set out in paragraph 401. The surcharge for each constitutent will then be determined by multiplying the excess pounds of each constituent by the appropriate rate of surcharge set out in paragraph 403. The excess pounds of phosphate will be computed by first multiplying the user's billing sewage volume measured in units of 100 cubic feet for the current billing period by the factor 8°34 and then multiplying this product by the difference between (a) the concentrations measured in milligrams per liter of the phosphates (PO4-P} in the user"s sewage and (b) the allowed concentrations set out in paragraph 401o The surcharge wi~l~,then be deter- mined by multiplying the excess pounds by the appropriate rat~ of surcharge set out in paragraph 403, 403. Rates of Surcharge° The rate of surcharge for each of the aforementioned, con- stituents shall be as follows: ac For biochemical oxygen demand (BOD) ................. 10,5 cents per pound b. For chemical oxygen demand (COD) ~here BCD cannot be determined ............................ t0o5 cents per pound 403 ~ 404. 5010 502. 503° 601 o 602. 603. :147 220 Continued co For suspended solids ............................... 6~5 cents per pound 7 d. For phosphate (PO4-P) .............................. cents per pound Revision of Rates of Surcharge. Prior to May 1 of each years the Clerk-Treasurer shall submit to the Board of Trustees a comparison of the calculated unit costs for removing BOD and suspended solids from the Wastewater Treatment Plant influ- ent during the previous calendar year with the unit charges currently in effect in order that the Board may determine whether the current rates of surcharge are adequate or should be changed by the Board of Trustees° Section 5o Billing of Service Charges Billing Period. Sewer charges for sewerage service shall be prepared and billed ~y the Town along with the bills for water service and shall be payable at the same time as the water bills° Liability for Payment~ The sewer charges for sewerage service shall be billed to the person being billed for water service unless~ by contract with the Utility~ another person assumes such responsibility. If a tenant is billed, the owner shall in ao way be relieved of liability in the event payment is not made by the tenant as herein required. Such owner shall have the right to examine the Town"s collection records to ascertain whether such charges have been paid. First Billings. The sewer charges and surcharges fixed in this ordinance shall be extended to and cover any additional pre~nises hereafter served without the need for any hearing or notice. If the first billing to a new customer covers a period other than a full billing month~ then the sewer charges for such billing shall be made in keeping with standard practice in the water utility, subsequent sewerage service billings shall be for periods 'coinciding with the billing periods for water service. If such sewer charges and/or surcharges are changed, the first billing after such change may also be for a period other than a full billing month in order to keep the sewerage billing periods coincident with the water billing periods~ Section 6o Delinc~uent Accounts How Delinquencies Arise. Charges for sewerage service levied pursuant to this ordinance shall be due and payable on or before the due dates shown on the bills. Any service charge not paid by the due date (approximately fifteen days after the bill is rendered} shall be considered delinquent° Such delinquent charge together with any applied penalty shall be collectible as hereinafter set forth° Collection Through the Tax Duplicate. As provided by the Statutes of the State of Indiana, delinquent sewerage'service charges may be made a lien against the property served through certification to the Auditor and to the Recorder of the County° In such case, the delinquent service charges, together with the mandatory penalty of ten percents shall be placed on the tax'duplicate and be collected in the same manner as regular taxes and assessments are collected. Collection Through Court Actions~ In addition to the foregoing remedies~ the Town shall have the right to bring a civil action to recover any delinquent charges together with a penalty of ten percent and a reasonable attorney's fee° It shall also have the right~ as provided by the Statutes of the State of Indiana~ to foreclose any lien established under the provisions of paragraph 602~ with recovery of the charge, a penalty of ten percent and a reasonable attorney's fee° 701~ Section 7. General Provisions B~' Bylaws~ Rules and Regulations° The Board of Trustees of the Town of Carmel shall~ in accordance with the Statutes of Indiana~ make and enforce whatever bylaws~ rules and regulations it may deem necessary for the safe~ economical and efficient management of the Town's Sewage Works, for the regulation~ collection and refunding. of the user charges for sewerage service and~ in general, for the implementation of the provisions of this ordinance° 801. Section 8. Validit~ ~epeal of Conflicting Provisions. Ail the provisions of any ordinances~ previous or now in existence~ and regulations which may be in conflict with this ordinance are hereby repealed as of the date this ordinance takes effect. 802 o Validation Clause. The invalidity of any section~ sentence~ clause or provision in this ordinance shall not affect the validity of any other section~ sentence, clause or provision of this ordinance which can be given effect without such invalid part or parts. 901. Section 9o Effective Dates General Provisions. The provisions of this ordinance shall be in full force and effect from and after its passage and signing by the Board of Trustees° / -/' JClerk~reasur~r- Passed and adopt~ by the Board of Trustees of the Town of Carmel~ Indiana on the 0 day of l 7So BOARD OF TRUSTEES NOTES TO RATE ORDINANCE (Page 1) 1 Note A - Surcharge for excessive phosphate loading will be established after additional testing completed by Clyde E~ Williams. SECTION IV SCHEDULES IN SUPPORT OF MONTHLY SEWER CHARGES AND SURCHARGES (Re~ort of McCULLOUGH & ASSOCIATES) (Pages 1 to 14, inclusive) MUNICIPAL SEWAGE WORKS Carmel, Indiana Table of Contents Estimated Annual Revenues and Revenue Requirements Estimated Annual Revenues and Revenue Requirements (Method Used in Determining) Reference (1) Monthly Sewer Charge including User Charge System and Debt Service (Method Used in Determining) Estimated Annual Operation and Maintenance Expenses Reference (2) Replacement Costs Reference (2A) Debt Service Reference (3) Consolidated Amortization Schedule $207,000 Outstanding Sewage Works Revenue Bonds of 1960 $276,000 Outstanding Sewage Works Revenue Bonds of 1968 $1,065,000 Sewage Works Refunding and Improvement Revenue Bonds Proposed Monthly Sewer Charges Surcharge for Excessive Loading - Industrial and/or Non-Industrial Class (Method Used in Determining) 1 2 4 5 6 9 10 11 12 13 14