SEWER CONNECTIONS

All persons owning dwelling houses or buildings within the city, which building or buildings are or shall be located near a sewer, or in a block within any such sewer district in the city through which a sewer extends, shall make such connections with the sewer system of the city, as may be necessary, in the judgment of the city’s Board of Health, for the protection of the health of the public, for the purpose of disposing of all substances from any such houses or buildings affecting the public health which may be lawfully and properly disposed of by means of such sewer.

(Prior Code § 14-101; Ord. 455)

If any person shall fail, neglect or refuse to so connect any building with the sewer system of such city as herein provided for more than ten days after being notified in writing by the city’s Board of Health to do so the Mayor and governing body may cause such premises and buildings to be connected to the sewer system and are hereby authorized to advertise for bids for the construction and making of such sewer connections. The governing body may contract therefor with the lowest responsible bidder and cause such premises to be connected with the sewer system. The costs and expenses thereof shall be assessed against the property and premises so connected; the assessment to be made in the same manner as other special assessments are made.

(Prior Code § 14-102; Ord. 455)

SEWAGE DISPOSAL SYSTEM

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Sewage Disposal System. All means by which sewage is transported, treated and disposed of and shall not include drainage or storm sewers or drains.

BOD (Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed milligrams per liter.

Building Drain. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

Building Sewer. The extension from the building drain to the public sewer or other place of disposal.

Combined Sewer. A sewer receiving both surface runoff and sewage.

Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial Wastes. The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

Person. Any individual, firm, company, association, society, corporation or group.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

Public Sewer. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary Sewer. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

Sewage. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

Sewage Treatment Plant. Any arrangement of devices and structures used for treating sewage.

Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage.

Sewer. A pipe or conduit for carrying sewage.

Shall. The act referred to is mandatory.

May. The act referred to is permissive.

Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

Storm Sewer. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Foreperson. The foreperson of Oberlin, or their authorized deputy, agent or representative.

Suspended Solids. Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

(Prior Code § 14-210:202.3; Ord. 476; Ord. 571)

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste.

(Prior Code § 14-203; Ord. 571)

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Prior Code § 14-204; Ord. 571)

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

(Prior Code § 14-205; Ord. 571)

The owner of all houses, buildings or properties used for human employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 180 days after date of official notice to do so provided that said public sewer is within 100 feet of the property line.

(Prior Code § 14-206; Ord. 571)

Where a public sanitary or combined sewer is not available under the provisions of section 15-419 of this article, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Prior Code § 14-207; Ord. 571)

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the foreperson. A permit and inspection fee of $10 shall be paid to the city at the time the application is filed.

(Prior Code § 14-208; Ord. 571)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the foreperson. They shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the foreperson when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the foreperson.

(Prior Code § 14-209; Ord. 571)

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Prior Code § 14-210; Ord. 571)

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

(Prior Code § 14-211; Ord. 571)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-419 of this article, a direct connection shall be made to the public sewer within 180 days and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned, cleaned of sludge and filled with clean bank run gravel and dirt.

(Prior Code § 14-212; Ord. 571)

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(Prior Code § 14-213; Ord. 571)

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the foreperson.

(Prior Code § 14-214; Ord. 571)

(a)   There shall be two classes of building sewer permits:

(1)   For residential and commercial service; and

(2)   For service to establishments producing industrial wastes.

(b)   In either case, the owner or their agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the foreperson. A permit and inspection fee of $25 for a residential or commercial building sewer permit and $25 for an industrial building sewer permit shall be paid to the city at the time the application is filed. The sewer connection from the sewer main to the home or business shall be the responsibility of the owner.

(Prior Code § 14-215; Ord. 571; Ord. 744)

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Prior Code § 14-216; Ord. 571)

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Prior Code § 14-217; Ord. 571)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the foreperson, to meet all requirements of this article.

(Prior Code § 14-218; Ord. 571)

The size, slope, alignn1ent, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(Prior Code § 14-219; Ord. 571)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(Prior Code § 14-220; Ord. 571)

The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the foreperson before installation.

(Prior Code § 14-221; Ord. 571)

The applicant for the building sewer permit shall notify the foreperson when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the foreperson or their representative.

(Prior Code § 14-222; Ord. 571)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(Prior Code § 14-223; Ord. 571)

No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

(Prior Code § 14-224; Ord. 571)

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or industrial cooling water or unpolluted process waters may be discharged on approval of the foreperson, to a storm sewer, combined sewer or natural outlet.

(Prior Code § 14-225; Ord. 571)

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(b)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;

(c)   Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; and

(d)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers and the like, either whole or ground by garbage grinders.

(Prior Code § 14-226; Ord. 571)

(a)   No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the foreperson that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving scream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming their opinion as to the acceptability of these wastes, the foreperson will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

(1)   Any liquid or vapor having a temperature higher than 150°F (65°C);

(2)   Any water wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150°F (0° and 65°C); and

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor or three-fourths horsepower 0. 76 hp metric) or greater shall be subject to the review and approval of the foreperson.

(b)  

(1)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

(2)   Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the foreperson for such materials;

(3)   Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the foreperson as necessary, after treatment of the composite sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;

(4)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the foreperson in compliance with applicable state or federal regulations; and

(5)   Any waters or wastes having a pH in excess of 9.5.

(c)  

(1)   Materials which exert or cause:

(A)  Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate);

(B)  Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions;

(C)  Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant loan on the sewage treatment works; and

(D)  Unusual volume of flow or concentration of wastes constituting “slugs”, as defined herein.

(2)   Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are an1enable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; and

(3)   Any waters or wastes having:

(A)  A five-day BOD greater than 300 parts per million by weight;

(B)  Containing more than 350 parts per million by weight of suspended solids; or

(C)  An average daily flow greater than 2% of the average sewage flow of the city, shall be subject to the review of the foreperson. If such flow occurs, the owner shall provide, at their expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million by weight, reduce the suspended solids to 350 parts per million by weight or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the foreperson and no construction of such facilities shall be submitted for the approval of the foreperson and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(Prior Code § 14-227; Ord. 571)

(a)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 15-440 of this article, inclusive, and which in the judgment of the foreperson, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the foreperson may:

(1)   Reject the wastes;

(2)   Require pretreatment to an acceptable condition for discharge to the public sewers;

(3)   Require control over the quantities and rates of discharge; and/or

(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 15-446 of this article.

(b)   If the foreperson permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the foreperson, and subject to the requirements of all applicable codes, ordinances and laws.

(Prior Code § 14-228; Ord. 571)

Grease, oil and sand interceptors shall be provided when, in the opinion of the foreperson, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that, such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the foreperson, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Prior Code § 14-229; Ord. 571)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense.

(Prior Code § 14-230; Ord. 571)

When required by the foreperson, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the foreperson. The manhole shall be installed by the owner at their expense, and shall be maintained by them so as to be safe and accessible at all times.

(Prior Code § 14-231; Ord. 571)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.)

(Prior Code § 14-232; Ord. 571)

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

(Prior Code § 14-233; Ord. 571)

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.

(Prior Code § 14-234; Ord. 571)

The foreperson and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The foreperson or their representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(Prior Code § 14-235; Ord. 571)

While performing the necessary work on private properties referred to in section 15-448 of this article, the foreperson or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such maybe caused by negligence or failure of the company to maintain safe conditions as required in section 15-444 of this article.

(Prior Code § 14-236; Ord. 571)

The foreperson and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Prior Code § 14-237; Ord. 571)

Any person found to be violating any provision of this article, except section 15-447 of this article, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(Prior Code § 14-238; Ord. 571)

(a)   Any person who shall continue any violation beyond the time limit provided for in section 15-451 of this article, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100 for each violation.

(b)   Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

(Prior Code § 14-239; Ord. 571)

Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(Prior Code § 14-240; Ord. 571)

The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.

(Prior Code § 14-241; Ord. 571)

SEWAGE DISPOSAL CHARGES

It is determined and declared to be necessary and conductive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt of such public wastewater treatment works.

(Prior Code § 14-301)

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)   BOD (Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter (mg/1).

(b)   Normal Domestic Wastewater. Wastewater that has a BOD concentration of not more than 300 mg/l and a suspended solids concentration of not more than 350 mg/l.

(c)   Operation And Maintenance. All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

(d)   Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes REPLACEMENT.

(e)   Residential Contributor. Any contributor to the city’s treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.

(Prior Code § 14-302)

(f)   Shall. The act referred to is mandatory.

(g)   May. The act referred to is permissive.

(h)   SS (Suspended Solids). Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

(i)    Treatment Works. Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as stand-by treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

(j)    Useful Life. The estimated period during which a treatment works will be operated.

(k)   User Charge. The portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

(l)    Water Meter. A water volume measuring and recording device, furnished and/or installed by the city.

(Prior Code § 14-302.1)

The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, and costs associated with debt retirement of bonded capital associated with financing the treatment works which the city may, by ordinance, designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this article.

(Prior Code § 14-303)

That portion of the total user charge collected which is designated for operation and maintenance, including replacement, as established in sections 15-470 through 15-474 of this article, shall be deposited in a separate non-lapsing fund known as the Operating, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:

(a)   An account designated for the specific purpose of defraying operation and maintenance costs of the treatment works “Operation and Maintenance Account”; and

(b)   An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works “Replacement Account”. Deposits in the Replacement Account shall be made annually, or more often as the Council may elect, from the operation, maintenance and replacement revenue.

(Prior Code § 14-304; Ord. 778)

Fiscal year end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in the subsequent year, and shall be used for no other purpose than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates of operation, maintenance and replacement. The user charge rate shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

(Prior Code § 14-305)

Each user shall pay for the services provided by the city based on their use of the treatment works as determined by water meters acceptable to the city. The user rates established in this article shall apply to all users of the city’s treatment works regardless of where such user may be located.

(Prior Code § 14-306)

For residential contributors, monthly user charges will be based on average monthly water usage during the months of December, January and February. If a residential contributor has not established a December, January and February average, their monthly user charge shall be a median charge of all other residential contributors.

(Prior Code § 14-307)

For public school contributors, monthly user charges will be based on average monthly water usage during the months of December, January and February. If a public school contributor has not established a December, January and February average, the monthly user charge shall be an average charge of all public school contributors.

(Prior Code § 14-308)

For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater treatment system, the user charge for that contributor may be based on a wastewater meter or separate water meter installed and maintained at the contributor’s expense and in a manner acceptable to the city. The proof of use is up to the contributor, are their expense.

(Prior Code § 14-309)

The minimum charge per month shall be $15.95 for 300 cubic feet of water. For usage beyond the minimum charge, each contributor shall pay a user charge rate for operation and maintenance including replacement of $3.85 per 100 cubic feet of water.

(Prior Code § 14-310; Ord. 797; Ord. 882; Ord. 927)

Any user which discharges any toxic pollutants which cause an increase of the cost of managing the effluent or the sludge from the city’s wastewater treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increase costs, directly proportional to the cost of the plant operation, maintenance and replacement as the additional substance increases the cost. This shall be as determined by the responsible plant operating personnel and approved by the City Council.

(Prior Code § 14-311)

The city will review the user charge system every year and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

(Prior Code § 14-312)

The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.

(Prior Code § 14-313)

All users shall be billed monthly. Billing for any particular month shall be made within 30 days after the end of that month or sooner. Payments are due when the billings are made. Any payment not received within ten days after the billing made shall be delinquent.

(Prior Code § 14-314)

A late penalty of 10% of the user charge bill will be added to each delinquent bill. When any bill is 30 days in default, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid following due notice and opportunity for hearing. Due notice shall be given within five days following the delinquent time requesting the delinquent contributor to appear at the next regular Council meeting where they will be heard.

(Prior Code § 14-315)

Following the hearing provided for in section 15-479 of this article, the governing body shall either affirm or adjust the monthly service charge. If the charge is affirmed, water service may be discontinued until all charges have been paid in full. Findings of the governing body shall be final and binding upon all parties concerned.

(Prior Code § 14-316)

In the event any person, firm, corporation, political unit (except the United States and the State of Kansas) or organization living or operating on premises connected to a sanitary sewer, shall neglect, fail or refuse to pay the service charges fixed by the governing body of the city for the operation of the sewage disposal system, such charges shall constitute a lien upon the real estate served by the connection to the sewer, and shall be certified by the Clerk of the city to the County Clerk to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible, and such governing body is hereby authorized and shall have the right to refuse the delivery of water through the pipes and mains of the city waterworks until such time as such charges are fully paid.

(Prior Code § 14-317)

Upon proof of vacancy for any period in excess of 30 days, no service charge shall be made. The user shall have the duty of informing the City Clerk of such vacancy, and in the absence of the notice, the user shall be charged according to the appropriate schedule of rates.

(Prior Code § 14-318)